Regulation 35 Disciplinary ordersI1
England and Wales
A disciplinary order must record the decision of the F1Fitness to Practise Committee, the date on which the order is made, and the date on which the order takes effect.
A disciplinary order takes effect on the date on which notice of it is served on the person in relation to whom it is made except where a Fitness to Practise Committee otherwise decide.
A Fitness to Practise Committee must serve a notice of the disciplinary order on the person in relation to whom it is made containing the following information—
the text of the order;
a description of the effect of the order;
the Fitness to Practise Committee’s reasons for making the order;
notification of the registered person’s right to appeal to the High Court against the order and the time period for making such an appeal;
where the order is a conditional registration order, an explanation of—
the steps a Fitness to Practise Committee are empowered to take should the registered person fail to comply with a condition specified in it; and
that person’s right to apply to vary or revoke a condition specified in the order and the method for making such an application;
where the order is a suspension order which specifies conditions, an explanation of the registered person’s right to apply to vary or revoke a condition specified in the order and the method for making such an application; and
where the order is a prohibition order, an explanation of the registered person’s right to apply for a determination that they are eligible for registration and the method for making such an application.
A Fitness to Practise Committee must serve notice of the order on the registered persons present or last employer and, where relevant, agent.
Where following the determination of a case by a Fitness to Practise Committee it decides not to make a disciplinary order in relation to a registered person, the committee must notify the registered person concerned and their employer—
of its decision and the reasons for it; and
whether it decided that the case against them was not proved.
Where it does not find the case against a registered person proved, a Fitness to Practise Committee must at the registered person’s request publish a statement to that effect.
Annotations
Textual amendments
- F1
Words in Regulations substituted (1.3.2024) by The Education Workforce Council (Main Functions) (Wales) (Amendment) Regulations 2024 (S.I. 2024/74), regs. 1(2), 2(2)