The Nursing and Midwifery Council (Fitness to Practise) Rules Order of Council 2004

Notice and procedure

8.—(1) Subject to paragraph (2), where a Practice Committee proposes to consider whether to make, revoke, confirm, vary or replace an interim order under article 31 of the Order, it shall serve the registrant with an interim order notice.

(2) Where a Practice Committee—

(a) has made an order under article 26(7) or under article 29(5)(a) to (c) of the Order; and

(b) at the same hearing, subsequently proposes to consider whether to make an interim order under article 31 of the Order,

it shall not be required to serve an interim order notice on the registrant.

(3) The interim order notice shall—

(a) invite the registrant to attend a hearing before the Practice Committee;

(b) invite the registrant, in the event that she does not wish to attend the hearing, to submit written representations to the Practice Committee before the date of the hearing;

(c) contain the matters set out in rule 5(9)(a), (c) to (f) and (h); and

(d) state the reasons why an interim order may be necessary for the protection of members of the public, or is otherwise in the public interest, or is in the interest of the registrant.

(4) The interim order notice shall be served on the registrant in such time in advance of the hearing as may be reasonable in all the circumstances of the case.

(5) In considering whether to make, revoke, confirm, vary or replace an interim order under, or in accordance with, article 31 of the Order, a Practice Committee shall follow the procedures set out in Part 5 of these Rules.

(6) Where the Practice Committee is satisfied that—

(a) all reasonable efforts have been made, in accordance with these Rules, to serve the registrant with the interim order notice, or in a case to which paragraph (2) applies, the notice of hearing; or

(b) the registrant has informed the Council that she does not wish to attend the hearing,

it may make an interim order, notwithstanding the absence of the registrant at the hearing or the absence of any written representations from the registrant on whether or not an interim order should be made.