The Nursing and Midwifery Council (Fitness to Practise) (Education, Registration and Registration Appeals) (Amendment) Rules Order of Council 2015

10.  After rule 6 insert—

“Notice of fitness to practise allegations

6A.— (1) Where an allegation is referred to Case Examiners under rule 2A(2), the Registrar must notify the registrant of that allegation and referral by serving a notice of referral on the registrant.

(2) The notice of referral must—

(a) be accompanied by any documents relating to the allegation that have not previously been disclosed to the registrant by the Council or a Practice Committee;

(b) invite the registrant to make written representations, to be received by the Registrar no later than 28 days after the date of the notice;

(c) unless the allegation is made by virtue of article 22(6) of the Order, inform the registrant that any representations or extracts of any representations received from the registrant may be shown to the person making the allegation for comment; and

(d) inform the registrant that further information may be sought from other persons in accordance with article 25(1) of the Order or investigations undertaken to assist the Case Examiners in carrying out their functions.

Investigation of Fitness to Practise allegations

6B.— (1) The Registrar may carry out any investigations, whether or not any have been carried out under rule 2A(4), as in the Registrar’s opinion are appropriate to the consideration of the allegation by the Case Examiners.

(2) The Registrar may, in the case of an allegation that the registrant’s fitness to practise is impaired by reason of lack of competence, invite the registrant to submit to an assessment.

(3) The Registrar may, in the case of an allegation that the registrant’s fitness to practise is impaired by reason of the registrant’s physical or mental health, invite the registrant to submit to a medical examination by experts appointed by the Council.

(4) Before any decision is made by the Case Examiners as to whether or not there is a case to answer in respect of an allegation that the registrant’s fitness to practise is impaired, the Registrar must send any information or documents obtained pursuant to this rule to the registrant and invite the registrant to make written representations to be received by the Registrar no later than 28 days after the date on which such documents are sent.

Consideration of fitness to practise allegations by Case Examiners

6C.— (1) Where an allegation is referred under rule 2A(2), the Case Examiners must consider, in the light of the information which the Council has been able to obtain and any representations or other observations made to it under rule 6A(2) or under rule 6B(4), whether there is a case to answer.

(2) Where the Case Examiners agree that there is a case to answer—

(a) the Case Examiners must refer the case to—

(i) the Health Committee in the case of an allegation of a kind mentioned in article 22(1)(a)(iv) of the Order, or

(ii) the Conduct and Competence Committee, in the case of an allegation of any other kind mentioned in article 22(1)(a) of the Order; and

(b) the Registrar must notify in writing both the registrant and the person making the allegation (if any) of the decision of the Case Examiners together with their reasons.

(3) Where the Case Examiners agree that there is no case to answer, the Registrar must notify in writing—

(a) the registrant and the person making the allegation (if any) of the decision of the Case Examiners together with their reasons;

(b) the registrant, 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 Case Examiners’ decision that there is no case to answer.

(4) Where the Case Examiners fail to agree whether there is a case to answer, they must notify the Registrar accordingly, and the Registrar must refer the allegation to the Investigating Committee for consideration under rule 6D.

(5) If, during their consideration of the allegation, one or both of the Case Examiners is of the opinion that the Investigating Committee should consider making an interim order in relation to the registrant, the Case Examiners must direct the Registrar accordingly.

Consideration of fitness to practise allegations by the Investigating Committee

6D.— (1) Where an allegation has been referred to the Investigating Committee under rule 6C(4), the Committee—

(a) may direct the Registrar to carry out any investigations as the Committee considers appropriate to the consideration of the allegation;

(b) must direct the Registrar to send any information or documents obtained pursuant to this rule to the registrant and invite the registrant to make written representations to be received by the Registrar no later than 28 days after the date on which these documents are sent;

(c) must consider, in the light of the information which the Registrar has been able to obtain under this rule or rule 2A(4), 6B(1), (2) or (3) and any representations or other observations made to it under rule 6A(2) or 6B(4), whether there is a case to answer.

(2) Upon consideration of an allegation under paragraph (1), the Committee may—

(a) determine that there is no case to answer and that the allegation should not proceed further; or

(b) refer the case to—

(i) the Health Committee in the case of an allegation of a kind mentioned in article 22(1)(a)(iv), or

(ii) the Conduct and Competence Committee in the case of an allegation of any other kind mentioned in article 22(1)(a) of the Order.

(3) Where the Committee determines that there is no case to answer, the Registrar must notify in writing—

(a) the registrant and the person making the allegation (if any) of the decision of the Committee together with its reasons;

(b) the registrant, 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 Committee’s decision that there is no case to answer.

(4) The Investigating Committee shall meet in private to consider an allegation referred to it under this rule.”.