The Nursing and Midwifery Order (Legal Assessors) (Amendment) and the Nursing and Midwifery Council (Fitness to Practise) (Amendment) Rules Order of Council 2017

EXPLANATORY NOTE

(This note is not part of the Order)

This Order approves the Nursing and Midwifery Council (Fitness to Practise) (Amendment) Rules 2017 (“the Amendment Rules”) which amend the Nursing and Midwifery Council (Fitness to Practise) Rules 2004 (S.I. 2004/1761) (“the 2004 Rules”). Article 2 of this Order also amends the Nursing and Midwifery Order 2001 (Legal Assessors) Order of Council 2004 (S.I. 2004/1763) to reflect the replacement of the Conduct and Competence Committee and the Health Committee by the Fitness to Practise Committee.

The Amendment Rules are to be found in the Schedule to this Order.

Amendment rules 3, 10, 13, 14(a), (b) and (d) to (f) and 15 to 25 and 27 to 31 amend the 2004 Rules to reflect the replacement of the Conduct and Competence Committee and the Health Committee with the Fitness to Practise Committee.

Amendment rule 4 amends rule 2A of the 2004 Rules to enable the Registrar to refer allegations of impaired fitness to practise directly to the Fitness to Practise Committee or to Case Examiners. Amendment rules 6(a) and 7(a) amend the 2004 Rules to make consequential amendments to rules 6A and 6C respectively of the 2004 Rules.

Amendment rule 5 amends rule 3 of the 2004 Rules to remove the requirement for the Registrar to notify certain persons of the Registrar’s decision to refer an allegation of fraud or an incorrect entry in the register to the Investigating Committee.

Amendment rule 6(b) amends rule 6A(2) of the 2004 Rules to provide that the notice of referral that is sent to a registrant must also inform the registrant of the actions that the Case Examiners can take under rule 6C.

Amendment rule 7(b) amends the 2004 Rules by substituting paragraphs (2) and (3) of rule 6C of the 2004 Rules with new paragraphs (2), (2A), (2B) and (3). The new paragraphs (i) provide that where Case Examiners agree there is a case to answer they may either recommend that undertakings should be agreed with the registrant or refer the allegation to the Fitness to Practise Committee (ii) specify when the Case Examiners must not recommend undertakings, and (iii) enable the Case Examiners to give advice to the registrant or issue the registrant with a warning where they do not consider that there is a case to answer. Amendment rule 7(c) amends rule 6C(5) of the 2004 Rules to enable the Case Examiners to direct the Registrar to refer a case to either the Investigating Committee or the Fitness to Practise Committee to consider making an interim order.

Amendment rule 8 amends rule 6D of the 2004 Rules in a similar manner to the amendments made to rule 6C of the 2004 Rules in respect of the consideration of fitness to practise allegations by the Investigating Committee.

Amendment rule 9 inserts new rule 6E to the 2004 Rules. New rule 6E specifies the procedure to be followed if the Case Examiners or the Investigating Committee recommend undertakings to be agreed with a registrant and the process to be followed where it appears to the Registrar that undertakings should be varied or cease to apply. New rule 6E also specifies the consequences of the registrant not agreeing to comply with undertakings or varied undertakings and the consequences of the registrant breaching undertakings or varied undertakings.

Amendment rule 11 amends rule 7A of the 2004 Rules to include as a reviewable decision i) a decision or determination to agree undertakings with a registrant and ii) a direction that undertakings should no longer apply and that the allegation should not be considered further. It substitutes paragraph (7) of rule 7A the 2004 Rules to provide for the decisions that the Registrar may make upon such a review. It also amends rule 7A of the 2004 Rules in respect of the circumstances in which the Registrar may review certain decisions to include circumstances where the Registrar has reason to believe that a review would be necessary to prevent injustice to the registrant.

Amendment rule 12(a) amends rule 8 of the 2004 Rules to correct a cross reference.

Amendment rule 14(c) amends rule 9(3) of the 2004 Rules to remove the requirement, in cases where an allegation is referred to the Fitness to Practise Committee, to give notice of that referral (i) to the Secretary of State and the devolved administrations, and (ii) to the local supervising authority of a registrant who is practising as a midwife.

Amendment rule 26 amends rule 24 of the 2004 Rules to provide that if the Fitness to Practise Committee makes an order under article 29(5)(b) or (c) of the Nursing and Midwifery Order 2001, it may also issue a direction under article 29(8A) of that Order.

Rule 32 makes transitional and saving provision.