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

Amendments to the Nursing and Midwifery Council (Fitness to Practise) Rules 2004

11.  In rule 7A (review of decisions)—

(a) for paragraphs (1) and (2), substitute—

“(1) All or part of a decision mentioned in paragraph (1A) may, if reached on or after 9th March 2015, be reviewed by the Registrar under this rule (a “reviewable decision”).

(1A) The following are reviewable decisions for the purpose of paragraph (1)—

(a) a decision under rule 6C(1) or a determination under rule 6D(1)(c) that there is no case to answer (including where the registrant has been issued with a warning or advice);

(b) a decision under rule 6C(2)(a)(ii) or a determination under rule 6D(2)(a)(ii) to recommend undertakings to be agreed with the registrant; and

(c) a direction under 6E(5)(c) that undertakings should no longer apply and that the allegation should not be considered further.

(2) The Registrar may carry out such a review if the Registrar has reason to believe that—

(a) the reviewable decision may, in whole or in part and for any reason, be materially flawed and the Registrar considers that a review would be in the public interest or necessary to prevent injustice to the registrant; or

(b) there is new information which may have led to a decision that is wholly or partly different from the reviewable decision and the Registrar considers that a review would be in the public interest or necessary to prevent injustice to the registrant.”;

(b) in paragraphs (5), (8) and (10), for “no case to answer” substitute “reviewable”;

(c) in paragraph (6)—

(i) for “no case to answer” substitute “reviewable”,

(ii) after “public interest” in both places it occurs, insert “or is necessary to prevent injustice to the registrant”;

(d) for paragraph (7), substitute—

“(7) Those decisions are—

(a) where the reviewable decision falls under paragraph (1A)(a)—

(i) to refer to the Case Examiners for reconsideration by them under rule 6C, an allegation that a registrant’s fitness to practise is impaired, or

(ii) to substitute, for all or part of the reviewable decision, any decision which the Case Examiners or any determination which the Investigating Committee could have made under Part 2 of these Rules;

(b) where the reviewable decision falls under paragraph (1A)(b), to substitute, for all or part of the reviewable decision, any decision which the Case Examiners or any determination which the Investigating Committee could have made under Part 2 of these Rules; or

(c) where the reviewable decision falls under paragraph (1A)(c), to recommend undertakings to be agreed with the registrant (and rule 6E applies in respect of undertakings agreed under this provision as it does to undertakings recommended under rule 6C(2)(a)(ii) or rule 6D(2)(a)(ii)).”.