The Nursing and Midwifery Council (Constitution) Order 2008

PART 1 Introductory

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Nursing and Midwifery Council (Constitution) Order 2008 and—

(a) apart from article 5(h), comes into force on 1st January 2009;

(b) article 5(h) comes into force on the coming into force of section 44(1) of the Safeguarding Vulnerable Groups Act 2006(1) (registers: power to apply for vetting information).

(2) In this Order—

“chair” means the chair of the Council;

“final outcome”, in relation to any proceedings where there are rights of appeal, means the outcome of the proceedings—

(a)

once the period for bringing an appeal has expired without an appeal being brought; or

(b)

if an appeal is brought in accordance with those rights, once those rights have been exhausted;

“licensing body” means—

(a)

any body, other than the Council, anywhere in the world that licenses or regulates any profession;

(b)

any body that regulated registered nurses or registered midwives before the Council;

“member”, unless the context otherwise requires, means a registrant member or a lay member and includes the chair;

“the principal Order” means the Nursing and Midwifery Order 2001; and

“spent conviction” means—

(a)

in relation to a conviction by a court in Great Britain, a conviction that is a spent conviction for the purposes of the Rehabilitation of Offenders Act 1974(2); or

(b)

in relation to a conviction by a court in Northern Ireland, a conviction that is a spent conviction for the purposes of the Rehabilitation of Offenders (Northern Ireland) Order 1978(3).

(1)

2006 c.47.

(2)

1974 c. 53.

(3)

S.I. 1978/1908 (N.I. 27).