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

Amendments to the Nursing and Midwifery Council (Fitness to Practise) Rules 2004

8.  In rule 8 (notice and procedure)—

(a) for paragraphs (1) and (2), substitute—

“(1) Subject to paragraphs (2) and (6), following referral by the Council under article 22(5), no interim order may be made, varied, replaced or, in a case where article 31(5)(b) of the Order applies, confirmed by a Practice Committee unless it is satisfied that an interim order notice has been served by the Council.

(2) No interim order notice shall be required where a Practice Committee has served notice in accordance with rule 5(8) and (9), 11 or 11A has made an order under article 26(7) or 29(5)(a) to (c) of the Order and subsequently proposes to make an interim order under article 31(1)(b) or (c).”;

(b) in paragraph (3), in sub-paragraph (c), for “5(9)(a), (c) to (f) and (h)” substitute “5(9)(a) and (c) to (f)”;

(c) omit paragraph (5);

(d) for paragraph (6), substitute—

“(6) The Practice Committee may make an interim order notwithstanding the absence of the registrant or the absence of any written representations from the registrant on whether or not an interim order should be made, if the Committee is satisfied that—

(a) all reasonable efforts have been made, in accordance with these Rules, to serve the registrant with the interim order notice,

(b) in the case that no interim order notice has been served in accordance with paragraph (2), that all reasonable efforts have been made, in accordance with these Rules, to serve the notice of meeting or hearing under rule 11 or rule 11A; or

(c) the registrant has informed the Council that she does not wish to appear and be heard on the question whether an interim order should be made.

(7) In paragraph (6), reference to the Practice Committee making an interim order includes reference to that Committee revoking, varying, confirming or replacing an interim order in accordance with article 31(7) of the Order.”.