The Nursing and Midwifery Council (Fitness to Practise) (Amendment) Rules 2011 Order of Council 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order approves the Rules made by the Nursing and Midwifery Council exercising their powers under the Nursing and Midwifery Order 2001 (SI 2002/253) (“the Order”) in relation to the fitness to practise of nurses and midwives. The Rules come into force on 6th February 2012.

Rules 3 to 17 make amendments to the Nursing and Midwifery Council (Fitness to Practise) Rules 2004 (“the Fitness to Practise Rules”).

Rule 3 inserts new definitions into the Fitness to Practise Rules, and rule 4 makes amendments to the requirements for notice to be given to registrants following the referral of fitness to practise allegations to the Investigating Committee. The requirement to particularise the allegation is removed and a requirement to disclose any relevant documents not previously disclosed is substituted.

Rule 5 makes amendments to the procedure to be followed by the Investigating Committee prior to its reaching a decision on whether there is a case to answer, including a requirement to disclose documents to the registrant and invite representations from the registrant which must be received within 28 days.

Rule 6 removes the requirement to send the registrant a copy of the Fitness to Practise Rules with the notice of a hearing before the Investigating Committee where the allegation relates to a fraudulent or incorrect entry in the register.

Rule 7 makes it mandatory, following a determination by the Investigating Committee that there is no case to answer, for the notice of decision to inform the registrant that the allegation may be taken into account in the consideration of any further allegation about the registrant received in the subsequent three-year period.

Rule 8 makes amendments to the provisions relating to interim orders, reflecting the requirements of article 31(15) of the Order and providing that no interim order may be made, varied, etc, unless an interim order notice has been served by the Council. Rule 8(5) of the Fitness to Practise Rules, having become redundant in light of amendments to rule 16, has been removed. Consequential amendments have been made to the provisions permitting a Practice Committee to proceed in the absence of the registrant in the circumstances described in the substituted sub-paragraphs (a), (b) or (c) of rule 8(6) of the Fitness to Practise Rules.

Rule 9 makes amendments, corresponding to the amendments made in rule 4, to the requirements relating to notice which must be given to registrants following the referral of fitness to practise allegations to the Conduct and Competence Committee or Health Committee. In addition a requirement is introduced for the Council to notify the registrant of the Committee’s powers to make an interim order and provides an opportunity for the registrant to request that she be heard on the matter.

Rule 10 provides that a Conduct and Competence Committee or Health Committee when sitting at a meeting, may consider whether to make, vary, replace, revoke or confirm an interim order.

Rule 11 makes amendments to the notice of hearing before a Conduct and Competence Committee or Health Committee, to remove the distinction between the particulars provided in respect of allegations relating to misconduct and criminal convictions and those based on other grounds so that in both cases a charge must particularise the allegation. Rule 11(b) removes the requirement for the Committee to send the registrant a copy of the Fitness to Practise Rules with the notice. Rule 12 inserts a new rule 11A to introduce notice provisions in respect of Conduct and Competence Committee and Health Committee meetings.

Rule 13 makes amendments consequential upon the new provisions relating to meetings, and rule 14 makes amendments to make more explicit that Part 5 of the Fitness to Practise Rules relates to decisions made at hearings before Practice Committees.

Rule 15 makes amendments to provide that charges at a hearing before the Health Committee may be amended.

Rule 16 introduces an explicit provision that the power afforded to a Practice Committee to make an interim order on adjourning proceedings does not apply to interim order hearings.

Rule 17 makes amendments to the rule relating to service of notices and documents, including provision for the sending of notices and documents, other than notices of hearing, by electronic mail. Rule 17 also introduces a new rule, rule 35, which provides that nothing in the Rules is to prevent the Council from taking steps to protect the personal data of third parties.