The Nursing and Midwifery (Amendment) Order 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Nursing and Midwifery Order 2001 (S.I. 2002/253) (“the 2001 Order”).

Article 3 of this Order amends article 12A of the 2001 Order to provide that the Registrar can disclose information relating to a person’s indemnity arrangement for the purposes of verifying that information.

Article 6 of this Order inserts articles 26A, 26B and 26C. Article 26A provides that the Council may make rules providing for the Registrar or any other officer of the Council to exercise certain functions of the Investigating Committee.

Article 26B introduces a power for the Council to review a decision made by the Investigating Committee under article 26(2)(d)(i), or by Case Examiners by virtue of rules made under article 26A, that there is no case to answer and to make rules in connection with the carrying out of such a review.

Article 26C provides that the Council may make rules providing for the Registrar or any other officer of the Council to exercise the functions of the Council under articles 22 (allegations), 26(2)(a) (notification of allegation and invitation to submit written representations) and 26B(a) (review of a decision of no case to answer). As Case Examiners and the Registrar will, by virtue of the new powers in Articles 26A, 26B and 26C, undertake some functions of the Council or of the Investigating Committee, article 4 of this Order amends the Order to provide that the Council may require any person to supply information for the purposes of assisting the Council or any of its Practice Committees or the Registrar or any other officer of the Council in carrying out functions in respect of fitness to practise.

Article 5 of this Order amends article 26(2) of the 2001 Order to provide that, where an allegation is referred to the Investigating Committee, the Council, rather than the Investigating Committee, will notify the person concerned of the allegation and invite that person to submit written representations.

Article 5 also amends article 26(11) of the 2001 Order to provide that the Investigating Committee may make an interim order in accordance with article 31 after it has referred a case to another Practice Committee but before that Practice Committee has started to consider the case. Article 8 makes consequential amendments to article 31of the 2001 Order (interim orders).

Article 7 of this Order amends article 30(1) of the 2001 Order to clarify that the Health Committee or the Conduct and Competence Committee on review of a suspension order or a conditions of practice order may, subject to articles 29(6) and (7), make any order falling within article 29(5). It also amends article 30(4) to clarify the position in respect of reviews of such orders which are undertaken on the application of the person concerned or where the Committee, at any time, considers that a review is necessary.

Article 9 of this Order amends article 37 of the 2001 Order to remove the requirement for a Council member to chair the Registration Appeals Panel and to remove the requirement for this Panel to include a registered medical practitioner where the health of a registrant is in issue.