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8. In rule 6D(1) (consideration of fitness to practise allegations by the Investigating Committee)—
(a)in paragraph (1)(c), after “must consider,” insert “in private,”;
(b)for paragraphs (2) to (4), substitute—
“(2) Where the Investigating Committee determines that there is a case to answer—
(a)the Investigating Committee must either—
(i)refer the allegation to the Fitness to Practise Committee, or
(ii)recommend undertakings to be agreed with the registrant pursuant to rule 6E;
(b)the Registrar must notify in writing both the registrant and the person making the allegation (if any) of the Investigating Committee’s determination and its reasons for it.
(2A) Paragraph (2)(a)(ii) does not apply where the Investigating Committee considers that, if the allegation were referred to the Fitness to Practise Committee, there is a realistic prospect of that Committee making an order directing the Registrar to strike the registrant off the register.
(2B) Where the Investigating Committee determines that there is no case to answer, it may give advice to the registrant or issue the registrant with a warning.
(3) Where the Investigating Committee determines that there is no case to answer, the Registrar must notify in writing—
(a)the person making the allegation (if any) of the Investigating Committee’s determination together with its reasons, including whether the registrant has been issued with a warning or given advice; and
(b)the registrant—
(i)of the Investigating Committee’s determination together with the reasons for it,
(ii)of the details of any warning issued or advice given,
(iii)of the period during which any warning issued will be published under article 22(9) of the Order, and
(iv)that the allegation may be taken into account in the consideration of any further allegation about the registrant received by the Council within three years from the date of the Investigating Committee’s determination that there is no case to answer.”.
Rule 6D was inserted by rule 10 of the Nursing and Midwifery Council (Fitness to Practise) (Education, Registration and Registration Appeals) (Amendment) Rules 2014 which are set out in the Schedule to S.I. 2015/52, and amended by rule 4 of the Nursing and Midwifery Council (Fitness to Practise) (Education, Registration and Registration Appeals) (Amendment No.2) Rules 2015 which are set out in the Schedule to S.I. 2015/1923.
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