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Health and Social Care (Safety and Quality) Act 2015

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This is the original version (as it was originally enacted).

Nursing and Midwifery Council

This section has no associated Explanatory Notes

5(1)The Nursing and Midwifery Order 2001 (S.I. 2002/253) is amended as follows.

(2)In article 3 (Nursing and Midwifery Council and its committees), for paragraph (4) substitute—

“(4)The over-arching objective of the Council in exercising its functions is the protection of the public.

(4A)The pursuit by the Council of its over-arching objective involves the pursuit of the following objectives—

(a)to protect, promote and maintain the health, safety and well-being of the public;

(b)to promote and maintain public confidence in the professions regulated under this Order; and

(c)to promote and maintain proper professional standards and conduct for members of those professions.”

(3)In article 26 (the Investigating Committee), after paragraph (6) insert—

“(6A)In deciding whether to act under paragraph (6)(a) or (b)(i), the Investigating Committee (or any panel by which a function under that paragraph is exercisable as mentioned in paragraph 17(1A) of Schedule 1) must have regard to the over-arching objective of the Council under article 3(4) (read with article 3(4A)).”

(4)In Schedule 1, in Part 2 (statutory committees of Nursing and Midwifery Council), after paragraph 18(10) insert—

“(10A)In exercising a function under article 27, 29, 30 or 33, the Conduct and Competence Committee (or any panel by which the function is exercisable as mentioned in paragraph 17(1A) of this Schedule) must have regard to the over-arching objective.

(10B)In exercising a function under any of articles 28 to 30 and 33, the Health Committee (or any panel by which the function is exercisable as mentioned in paragraph 17(1A) of this Schedule) must have regard to the over-arching objective.

(10C)References in sub-paragraphs (10A) and (10B) to the over-arching objective are to the over-arching objective of the Council under article 3(4) (read with article 3(4A)).”

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