2014 No. 3272
The Nursing and Midwifery (Amendment) Order 2014
Made
Coming into force in accordance with article 1
At the Court at Buckingham Palace, the 10th day of December 2014
Present,
The Queen’s Most Excellent Majesty in Council
This Order in Council is made in exercise of the powers conferred by sections 60 and 62(4) of, and Schedule 3 to, the Health Act 19991.
The Secretary of State published a draft Order and invited representations as required by paragraph 9(1) of Schedule 3 to that Act.
The period of three months mentioned in paragraph 9(2) of that Schedule expired before a draft of this Order in Council was laid before Parliament.
A draft of this Order in Council has been laid before, and approved by resolution of, each House of Parliament in accordance with section 62(9) of that Act.
Accordingly, Her Majesty is pleased, by and with the advice of Her Privy Council, to make the following Order in Council.
Citation and commencement1
This Order may be cited as the Nursing and Midwifery (Amendment) Order 2014 and shall come into force on the day after the day on which this Order is made.
Amendments to the Nursing and Midwifery Order 20012
The Nursing and Midwifery Order 20012 is amended as follows.
Amendment to article 12A3
In article 12A (indemnity arrangements)3 after paragraph (7) insert—
7A
For the purposes of verifying that information, the Registrar may disclose to any person information relating to a person’s indemnity arrangement which is provided to the Council by virtue of rules made under paragraph (4) or (7).
Amendment to article 254
In article 25(1) (Council’s power to require disclosure of information)4 for “or any of its Practice Committees” substitute “, any of its Practice Committees, the Registrar or any other officer of the Council”.
Amendments to article 265
In article 26 (the Investigating Committee)—
a
in paragraph (2)—
i
omit “, it shall”,
ii
for sub-paragraph (a) substitute—
a
the Council shall without delay notify the person concerned of the allegation and invite him to submit written representations to the Committee within a prescribed period;
iii
in sub-paragraphs (b), (c) and (d), at the beginning of those sub-paragraphs insert “the Committee shall”;
b
in paragraph (11)—
i
after “before” insert “or after”,
ii
after “paragraph (6)” insert “: but the Investigating Committee may only make an interim order after it has referred a case if the Health Committee or the Conduct and Competence Committee has not begun its consideration of the case”.
Insertion of articles 26A, 26B and 26C6
After article 26 insert—
Exercise of Investigating Committee functions by the Registrar or officers of the Council26A
1
The Council may by rules make provision for—
a
the Registrar; or
b
any other officer of the Council,
to exercise the functions of the Investigating Committee under paragraphs (1), (2)(b) to (d), (5), (6) and (8) of article 26, whether generally or in relation to such classes of case as may be specified in the rules.
2
Where, by virtue of paragraph (1), rules provide for the Registrar or any other officer of the Council to exercise the functions of the Investigating Committee under paragraph (6)(b)(ii) or (iii) of article 26, the referral of a case to the Health Committee or to the Conduct and Competence Committee shall be deemed to have been made by the Investigating Committee.
Review of decisions by the Council26B
The Council may—
a
review a decision made under article 26(2)(d)(i), or by virtue of rules made under article 26A, that there is no case to answer; and
b
make rules in connection with the carrying out of a review under paragraph (a).
Exercise of Council functions by the Registrar or officers of the Council26C
1
The Council may make rules providing for—
a
the Registrar; or
b
any other officer of the Council,
to exercise the functions of the Council under articles 22, 26(2)(a) and 26B(a) whether generally or in relation to such classes of case as may be specified in the rules.
2
Where, by virtue of paragraph (1), rules provide for the Registrar or any other officer of the Council to exercise the functions of the Council under article 22(5), the referral of a case to the Conduct and Competence Committee or to the Health Committee shall be deemed to have been made by the Council.
Amendments to article 307
In article 30 (review of orders by the Health Committee and the Conduct and Competence Committee)—
a
for paragraph (1)(b) substitute—
b
with effect from the expiry of that order, and subject to article 29(6) and (7), make an order falling within article 29(5);
b
for paragraph (4)(d) substitute—
d
subject to article 29(6) and (7), replace the order with one falling within article 29(5): any replacement order falling within article 29(5)(b), (c) or (d) shall have effect for the remainder of the term of the order it replaces;
Amendments to article 318
In article 31(interim orders by a Practice Committee)—
a
in paragraph (2) omit “Subject to paragraph (4),”;
b
omit paragraph (4);
c
in paragraph (5) for sub-paragraph (a) substitute—
a
in a case falling within paragraph (1)(a)—
i
when the Conduct and Competence Committee or the Health Committee reaches a decision in respect of the allegation in question, or
ii
when, in respect of an allegation of the kind mentioned in article 22(1)(b), the Investigating Committee reaches a decision in respect of the allegation;
d
for paragraph (6) substitute—
6
In a case falling within paragraph (1)(a), an order made under paragraph (2) must be reviewed by either the Committee which made the order or any Practice Committee to which the matter has been referred—
a
within the period of six months beginning on the date on which the order was made, and that Committee must thereafter, for so long as the order continues in force, further review it before the end of the period of three months beginning on the date of the decision of the immediately preceding review;
b
where new evidence relevant to the order has become available after the making of the order.
e
in paragraph (7)—
i
before “the Practice Committee” where it first appears insert “then either”,
ii
after “which made the order or” insert “any Practice Committee to which the matter has been referred”,
iii
omit “where the case has been referred to another Practice Committee, that Committee,”.
Amendment to article 379
In article 37(5)5 (appeals against Registrar’s decisions)—
a
after sub-paragraph (c)(i) insert “and”;
b
after sub-paragraph (c)(ii)(cc) omit “and”;
c
omit sub-paragraphs (c)(iii) and (d).
(This note is not part of the Order)