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3. In rule 2 (interpretation)(1) at the appropriate place in the alphabetical order insert—
““Case Examiner” means a professional or lay officer of the Council appointed by the Registrar for the purposes of exercising the functions of the Investigating Committee in accordance with article 26A of the Order, and “Case Examiners” means the professional and lay Case Examiner to whom an allegation is referred under rule 2A(2) and includes any replacement Case Examiner appointed by the Registrar;”;
“lay”, in relation to a Case Examiner, means a person who—
is not and never has been a registered nurse or midwife (and article 5(5) does not apply for these purposes);
is not and never has been a registered medical practitioner; and
does not hold qualifications which would entitle them to apply for registration as a registered nurse, a registered midwife or a registered medical practitioner;
“professional”, in relation to a Case Examiner, means a registered nurse or midwife;”.
Rule 2 was amended by rule 3(1) of the Nursing and Midwifery Council (Fitness to Practise)(Amendment) Rules 2007 which are set out in the Schedule to S.I. 2007/893, by rule 12 of the Nursing and Midwifery Council (Midwifery and Practice Committees)(Constitution) Rules 2008 which are set out in the Schedule to S.I. 2008/3148 and by rules 2 and 3 of the Nursing and Midwifery Council (Fitness to Practise) (Amendment) Rules 2011 which are set out in the Schedule to S.I. 2012/17.
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