The Nursing and Midwifery Order 2001 (Transitional Provisions) Order of Council 2004

Modification of the Conduct Rules

4.  Where, by virtue of this Order a case is dealt with in accordance with section 10 of the Act and the Conduct Rules, the Conduct Rules shall apply as if—

(a) in rule 10, the words “or the President” and “or rule 14(2) respectively” were omitted;

(b) rules 14(1) and (2) and 36(1) were omitted;

(c) in rule 24(2), the words “or the President” were omitted;

(d) in rule 34—

(i) in paragraph (4)(b), the words “or, in the case of referral by the President under rule 14(2), to the President who shall, subject to a determination pursuant to rule 14(1), refer the matter to the Conduct Committee”, and

(ii) in paragraphs (1) and (3)(b), the references to the President,

were omitted;

(e) in rule 38(1), after the words “in private” were added “unless the Committee is satisfied that the public interest or the interests of any third party outweigh the need to protect the privacy or confidentiality of the practitioner and require all or part of a hearing to be held in public”; and

(f) in rule 44(a), the words “or, in the case of referral by the President, to the President who shall, subject to a determination pursuant to rule 14(1), refer the matter to the Conduct Committee” were omitted.