# The Nursing and Midwifery (Amendment) Order 2017, Paragraph 4: Amendments to article 26


In article 26 (the Investigating Committee)—
(a) in paragraph (2)(a), (b), (c) and (d) before “Committee”, wherever it appears, insert “Investigating”;
(b) after paragraph (5) insert—
“(5A) Where the Investigating Committee has concluded under paragraph (2)(d)(i) that there is a case to answer, it may, at any time until the allegation is considered by the Fitness to Practise Committee, agree with the person concerned that that person is to comply with such undertakings as the Investigating Committee considers appropriate.
(5B) Rules may make provision in connection with undertakings agreed under paragraph (5A) (including provision as to the actions which may be taken as a consequence of an undertaking being breached).”;
(c) for paragraph (6) substitute—
“(6) Where the Investigating Committee concludes under paragraph (2)(d)(i) that there is a case to answer but it does not agree undertakings under paragraph (5A), it must—
(a) undertake mediation; or
(b) refer the case—
(i) to Screeners for them to undertake mediation, or
(ii) to the Fitness to Practise Committee.”;
(d) in paragraph (6A) for “paragraph (6)(a) or (b)(i)” substitute “paragraph (5A), (6)(a) or (b)(i)”;
(e) after paragraph (7) insert—
“(7A) If the Investigating Committee concludes under paragraph (2)(d)(i) that there is no case to answer, it may—
(a) issue a warning to the person concerned; or
(b) give advice to that person in connection with any matter arising during the investigation of the allegation.
(7B) If the Investigating Committee issues a warning or gives advice under paragraph (7A), it must include in the notification referred to in paragraph (5)—
(a) details of that warning or advice;
(b) its reasons for issuing the warning or giving the advice;
(c) the period for which any warning will be published by the Council under article 22(9).”;
(f) in paragraph (11) for “Health Committee or Conduct and Competence Committee”, wherever it appears, substitute “Fitness to Practise Committee”.

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Source: https://www.legislation.gov.uk/ukdsi/2017/9780111153444/schedule/1/paragraph/4 (the official version)
Page: https://openlegislation.uk/draft-nursing-and-midwifery-amendment-order-2017/schedule-1/paragraph-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.