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

8.  For rule 5 (procedure of the Investigating Committee where the allegation relates to a fraudulent or incorrect entry in the register)(1) substitute—

“Procedure of the Investigating Committee where the allegation relates to a fraudulent or incorrect entry in the register

5.— (1) Where—

(a) the registrant asks for a hearing within the period specified in rule 3(2)(e); or

(b) the Registrar considers that a hearing is desirable,

the Investigating Committee must consider the allegation at a hearing.

(2) Where a hearing is to be held pursuant to paragraph (1), the Registrar must send a notice to the registrant no later than 28 days before the date fixed for the hearing.

(3) The notice of hearing must—

(a) inform the registrant of the date, time and venue of the hearing;

(b) contain a charge particularising the allegation, and the alleged facts upon which the allegation is based;

(c) inform the registrant of the registrant’s right to attend, and to be represented at, the hearing in accordance with rule 20;

(d) inform the registrant of the Committee’s power to proceed with the hearing in the registrant’s absence;

(e) inform the registrant of the registrant’s right to adduce evidence in accordance with rule 31;

(f) inform the registrant of the registrant’s right to call witnesses, and to cross examine any witnesses called by the Council or by the Committee;

(g) require the registrant to inform the Council, within 14 days of receipt of the notice, whether the registrant intends to—

(i) attend the hearing,

(ii) be represented at the hearing;

(h) inform the registrant of the Committee’s power to impose an interim order under article 26(11) of the Order; and

(i) inform the registrant of the action the Committee may take under article 26(2)(d)(ii), (7) and (8) of the Order.

(4) Where a hearing is to be held pursuant to paragraph (1), the Investigating Committee—

(a) may hold a preliminary meeting in accordance with rule 18; and

(b) must determine the matter in accordance with the procedure set out in Part 5 of these Rules, and must dispose of the matter in accordance with article 26(2)(d)(ii), (7), (8) and (11) of the Order.

(5) Where the registrant has not requested a hearing and the Registrar considers that no hearing is necessary—

(a) the Registrar must invite any person who, in the Registrar’s opinion, has an interest in the proceedings to submit written representations within such time as the Registrar may direct; and

(b) the Investigating Committee shall meet in private and, notwithstanding the absence of any representations invited in accordance with sub-paragraph (a), dispose of the matter in accordance with article 26(2)(d)(ii), (7), (8) and (11) of the Order.

(6) The Registrar must notify, in writing, the registrant and the person making the allegation (if any) of the Investigating Committee’s decision together with its reasons.”.

(1)

Rule 5 was amended by rules 2 and 6 of the Nursing and Midwifery Council (Fitness to Practise) (Amendment) Rules 2011 which are set out in the Schedule to S.I. 2012/17.