The Nursing and Midwifery Council (Midwifery and Practice Committees) (Constitution) Rules Order of Council 2008

Termination of committee membership U.K.

9.—(1) A member shall be removed from office by the Council, if—

(a) the member resigns, which a member may do at any time by a notice in writing to the Council;

(b) in the case of—

(i) a member appointed in part because they were a registrant, that member's registration becomes lapsed,

F1 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or

(iii) a member appointed in part because they were a non-registrant, that member ceases to be a non-registrant;

(c) the member becomes a person of the type mentioned in rule 8(a), (b) or (e) to (h) whether or not they thereafter cease to be such a person;

(d) the member becomes a person of the type mentioned in rule 8(c) or (d);

(e) in the case of a registrant, the member becomes the subject of any investigation or proceedings concerning the member's fitness to practise by the Council, in the course of which or as a result of which—

(i) the member is struck off the register,

(ii) the member's registration in the register is suspended,

(iii) the member's registration in the register is made conditional upon the member's compliance with any requirement, or

(iv) the person's registration in the register is annotated by virtue of a caution order,

and the proceedings relating to that particular sanction have reached their final outcome;

(f) in the case of a registrant, the member becomes subject to any investigation or proceedings relating to an allegation that the person's entry in the register was fraudulently procured or incorrectly made, the final outcome of which is the removal of the person's entry in the register;

(g) the Council is satisfied that the member's level of attendance at meetings of the committee falls below a minimum level of attendance acceptable to the Council, having regard to—

(i) any recommended minimum levels of attendance that the Council has set in its standing orders, and

(ii) whether or not there were reasonable causes for the member's absences;

(h) the Council is satisfied the member has failed, without reasonable cause, to undertake satisfactorily the requirements with regard to education and training for members that apply to that member and which the Council has included in its standing orders;

(i) the Council is satisfied that the member is no longer able to perform their duties as a member of the committee because of adverse physical or mental health;

(j) the Council is satisfied that the member's continued membership of the committee would be liable to undermine public confidence in the regulation of [F2 nurses, midwives and nursing associates].

(2) A member who becomes, or may become, a person to whom paragraph (1)(b) to (f) applies must notify the Council in writing of that fact as soon as the person becomes aware of it.

(3) Any member or employee of the Council may notify the Council if they are of the view that the Council may need to exercise its functions under paragraph (1).

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. rule 9(1)(b)(ii) omitted (31.3.2017) by virtue of The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(2)(d), Sch. 2 para. 8 (with art. 3)

F2 Words in Sch. rule 9(1)(j) substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 2 para. 8(c)

F3 Sch. rule 9(4) omitted (31.3.2017) by virtue of The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(2)(d), Sch. 2 para. 8 (with art. 3)