Explanatory note

This Order amends the Nursing and Midwifery Order 2001 (S.I. 2002/253) (“the 2001 Order”) to remove provisions relating to the Midwifery Committee and to the local supervision of midwives and to make consequential amendments in that regard. It also amends Part V of the 2001 Order in respect of certain fitness to practise functions of the Nursing and Midwifery Council (“the Council”). Article 3 of this Order makes transitional provision.

Paragraph 18 of Schedule 1 to this Order revokes Part 8 of the 2001 Order thereby removing the provisions relating to the supervision of midwives which will in future be carried out in accordance with new non statutory procedures. Article 3(9) of the 2001 Order is amended by paragraph 1(a) of Schedule 1 to this Order which removes the Midwifery Committee as a committee of the Council. Paragraphs 19(a), 20 and 21 of Schedule 1 to this Order make consequential amendments to the 2001 Order.

Article 3(9) of the 2001 Order is amended by paragraph 1 of Schedule 1 to this Order to replace the Health Committee and the Conduct and Competence Committee with a single Fitness to Practise Committee. Paragraphs 1(c), 2(a), 3, 4(a) and (f), 5(b), 7(b), 8, 9, 10, 11(a) and (b), 12(a), (b)(ii) and (c)-(f), 13(a)-(d)(i), (e), (i) and (j), 14(a), (b)(i) and (ii) and (iv), (c) and (d), 15, 16(a), 17, 19(c) and (f) of Schedule 1 to this Order make consequential amendments to the 2001 Order.

Paragraph 4(b) of Schedule 1 to this Order amends article 26 of the 2001 Order to introduce a power for the Investigating Committee to agree undertakings with a registrant at the end of the investigation stage of fitness to practise proceedings. It also introduces a rule making power in this regard. Paragraphs 2(c) and (d), 4(c) and (d) and 5(a) make consequential amendments to the 2001 Order.

Paragraph 6 of Schedule 1 to this Order substitutes article 26B of the 2001 Order to extend the Council’s power to review decisions to include a power to review a decision of the Investigating Committee or the Case Examiners to agree undertakings with a registrant and to review a decision, made pursuant to rules made under new article 26(5B) (inserted by paragraph 4(b) of Schedule 1 to this Order) that undertakings no longer apply. Paragraph 7(a) of Schedule 1 to this Order makes a consequential amendment to article 26C(1) of the 2001 Order.

Paragraph 4(e) of Schedule 1 to this Order inserts paragraphs (7A) and (7B) to article 26 of the 2001 Order to provide that, in cases where the Investigating Committee concludes that there is no case to answer in respect of an allegation, it may issue a warning to the registrant or give advice to the registrant in connection with the registrant’s practise and where it does, it must give details of the warning or advice to the registrant and give its reasons for issuing such.

Paragraph 11(c) of Schedule 1 to this Order inserts paragraph (8A) to article 29 of the 2001 Order to provide that where the Fitness to Practise Committee considers at the time of making a suspension order or a conditions of practice order that, with effect from the expiry of that order, it will not need to vary or extend the order or make any other order, it can direct the Registrar that the order need not be reviewed under article 30 of the 2001 Order. Paragraph 12(b)(i) of Schedule 1 to this Order makes a consequential amendment to article 30(1) of the 2001 Order.

Paragraph 13(d)(ii) of Schedule 1 to this Order amends article 31(6) of the 2001 Order to extend the period in which a second and subsequent review of an interim order must take place from three months to six months. Paragraph 13(g) substitutes paragraph (11) of article 31 of the 2001 Order to provide that the first review after the court’s extension of an interim order, or the substitution by a Practice Committee of an interim suspension order with an interim conditions of practice order must, in all cases, take place within six months beginning with date on which the court ordered the extension or the date on which the replacement order was made.

Paragraph 2(b) of Schedule 1 to this Order amends article 22 of the 2001 Order to remove the requirement that hearings of a Practice Committee at which a registrant is entitled to be present or represented at, must be held in the United Kingdom country of the registrant’s registered address. A similar amendment is made to article 37(8) of the 2001 Order by paragraph 16(b) of Schedule 1 to this Order in connection with appeal hearings against the Registrar’s decisions. This will allow such meetings to be held where it is most convenient for all parties to that hearing.

Article 31 of the 2001 Order is amended by paragraph 13(f) of Schedule 1 to this Order to enable the court, on an application by the Council to extend an interim order, to either extend that order or where appropriate, to replace an interim suspension order with an interim conditions of practice order or to replace an interim conditions of practice order with an interim suspension order. Paragraph 13(h) amends article 31(12) to provide the court with the same power when it considers an application by a registrant against the imposition of an interim order.

Paragraph 14(b)(iii) of Schedule 1 to this Order amends article 32(2)(h) of the 2001 Order to remove the requirement that rules must make provisions for the Council to give notice of a referral to the Fitness to Practise Committee to specified persons, including the Secretary of State and the Devolved Administrations. There will continue to be a requirement that rules must provide that such a notification is given to a registrant’s employer, where known.

Paragraph 19(e) of Schedule 1 to this Order amends paragraph 17(1)(a) of Schedule 1 to the 2001 Order to remove the requirement for the Council to specify in rules the size of its Practice Committees.

Schedule 2 of this Order revokes the Nursing and Midwifery Council (Midwives) Rules Order of Council 2012 (S.I. 2012/3025) and the rules approved by that order as a consequence of the amendments to the 2001 Order which revoke the provisions relating to the local supervision of midwives. It also amends the Nursing and Midwifery Council (Midwifery and Practice Committees) (Constitution) Rules 2008 (S.I. 2008/3148) as a consequence of the abolition of the Midwifery Committee.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business, the voluntary and the public sector, together with a report on the Consultation in relation to the Secretary of State’s proposals to make this Order, is available at https://www.gov.uk/government/consultations/changes-to-nursing-and-midwifery-council-governing-legislation hard copies of which can be obtained by writing to the Department of Health, Professional Standards Division, Quarry House, Quarry Hill, Leeds, LS2 7UE.