Explanatory note

This Order makes provision with regard to the constitution of the Nursing and Midwifery Council (“the NMC”). The NMC is to consist of 7 registrant members, who are nurses or midwives registered with the NMC, and 7 lay members (article 2). Their terms of office will be determined by the Privy Council – or if directed by the Privy Council to do so, the Appointments Commission – on appointment. There are limitations on the period for which members may serve on the NMC (article 3). The NMC is to make provision with regard to the education and training of its members in standing orders (article 4).

Certain categories of people, for example people who have been convicted of certain types of offences where the conviction is not spent, are disqualified from being members of the NMC, and once members have been appointed, there are certain circumstances in which they may be removed from office (articles 5 and 6). In some circumstances, a member may also be suspended from office, and there are provisions relating to the provisional suspension by the NMC itself, pending the taking of a decision by the Privy Council (or, in its place, the Appointments Commission) to suspend or remove that member.

There are also provisions relating to the appointment of the chair, who is to be appointed by the Privy Council – or if directed to do so by the Privy Council, by the Appointments Commission. The chair will cease to be chair if that person is suspended as a member of the NMC or loses a vote of no confidence (article 8). There are provisions relating to the deputising arrangements for the chair, and the NMC will have powers to appoint a deputy chair to serve during the absence of a chair that is likely to be for more than one month or one meeting, or the position of chair is vacant (article 9).

There are also provisions relating to the proceedings of the NMC. Its quorum is 8, and there are special provisions to prevent its proceedings being invalidated by matters such as a vacancy or a defect in the appointment of a member (articles 10 and 11).