PART V

FITNESS TO PRACTISE

Review of orders by the Fitness to Practise Committee
30
1
Except where article 29(8A) applies, before the expiry of an order made under article 29(5)(b) or (c) , the Fitness to Practise Committee shall review the order and may, subject to paragraph (5)—
a
with effect from the date on which the order would, but for this provision, have expired, extend, or further extend the period for which the order has effect;
b
with effect from the expiry of that order, and subject to article 29(6) and (7), make an order falling within article 29(5);
c
with effect from the expiry of a suspension order, make a conditions of practice order with which the practitioner must comply if he resumes the practice of his registered profession after the end of his period of suspension.
2
On the application of the person concerned or otherwise, at any time an order made by the Fitness to Practise Committee under article 29(5)(b) to (d) is in force, the Fitness to Practise Committee may review the order and may take any of the steps referred to in paragraph (4).
3
Paragraphs (1) and (2) apply to an order made on a review under paragraph (1) or (2) as they do to an order made under article 29(5)(b) to (d).
4
The steps mentioned in paragraph (2) are for the Committee to—
a
confirm the order;
b
extend, or further extend, the period for which the order has effect;
c
reduce the period for which the order has effect, but in the case of a caution order not so that it has effect for less than one year beginning with the date on which the order was made under article 29(5)(d);
d
subject to article 29(6) and (7), replace the order with one falling within article 29(5): any replacement order falling within article 29(5)(b), (c) or (d) shall have effect for the remainder of the term of the order it replaces;
e
subject to paragraph (6), revoke the order or revoke any condition imposed by the order;
f
vary any condition imposed by the order.
5
The Committee may not extend a conditions of practice order by more than three years at a time or a suspension order by more than one year at a time.
6
The Committee may make the revocation of a suspension order subject to the applicant’s satisfying such requirements as to additional education or training and experience as the Council has established under article 19(3) and which apply to him.
7
Where new evidence relevant to a striking-off order becomes available after the making of the order, the Fitness to Practise Committee may review it and article 33(4) to (8) shall apply as if it were an application for restoration made under that article.
8
A striking-off order, conditions of practice order, suspension order or caution order which is in force by virtue of a decision made on appeal to the appropriate court may be reviewed in accordance with paragraph (2) or (7), as the case may be, by the Fitness to Practise Committee and any of the steps mentioned in paragraph (4) may be taken.
9
Before exercising its powers under paragraph (1), (2), (4), (6), (7) or (8) the Fitness to Practise Committee shall give the person concerned the opportunity to appear before it and to argue his case in accordance with rules made by the Council which shall include the matters referred to in article 32(2)(b), (g), (i), (j), (k), (m), (n) and (o).
10
The person concerned may appeal to the appropriate court against an order or decision made under paragraph (1), (2), (4), (6), (7) or (8).
11
Any such appeal must be brought before the end of the period of 28 days beginning with the date on which notice of the order or decision appealed against is served on the person concerned.
12
On an appeal under this article the Council shall be the respondent.
Art. 30(9) in force at 5.3.2004 for specified purposes as notified in the London Gazette (Issue 57218, published 27.2.2004), see art. 1(2)(3)
Art. 30 applied (1.8.2004) by The Nursing and Midwifery Order 2001 (Transitional Provisions) Order of Council 2004 (S.I. 2004/1762), arts. 1(1), 9(5), 10(2), 11(3)(b)
Pt. V applied (with modifications) (1.8.2004) by The Nursing and Midwifery Order 2001 (Transitional Provisions) Order of Council 2004 (S.I. 2004/1762), arts. 1(1), 6(b)
Pt. V applied (with modifications) (1.8.2004) by The Nursing and Midwifery Order 2001 (Transitional Provisions) Order of Council 2004 (S.I. 2004/1762), arts. 1(1), 7(4)(b)
Art. 30 in force at 1.8.2004 in so far as not already in force as notified in the London Gazette (Issue 57361, published 21.7.2004), see art. 1(2)(3)
Art. 30(1)(b) substituted (11.12.2014) by The Nursing and Midwifery (Amendment) Order 2014 (S.I. 2014/3272), arts. 1, 7(a)
Art. 30(4)(d) substituted (11.12.2014) by The Nursing and Midwifery (Amendment) Order 2014 (S.I. 2014/3272), arts. 1, 7(b)
Art. 30 heading substituted (28.7.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(4), Sch. 1 para. 12(a) (with art. 3)
Words in art. 30(1) inserted (28.7.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(4), Sch. 1 para. 12(b)(i) (with art. 3)
Words in art. 30(1) substituted (28.7.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(4), Sch. 1 para. 12(b)(ii) (with art. 3)
Art. 30(2) substituted (28.7.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(4), Sch. 1 para. 12(c) (with art. 3)
Words in art. 30(7) substituted (28.7.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(4), Sch. 1 para. 12(d) (with art. 3)
Words in art. 30(8) substituted (28.7.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(4), Sch. 1 para. 12(e) (with art. 3)
Words in art. 30(9) substituted (28.7.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(4), Sch. 1 para. 12(f) (with art. 3)