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The Nursing and Midwifery Council (Coronavirus) (Amendment) (No. 2) Rules Order of Council 2020

S.I. 2020/821 · Made 30 July 2020

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This Statutory Instrument has been printed to correct defects in SI 2020/364 and is being issued free of charge to all known recipients of that Statutory Instrument.

Health Care And Associated Professions

Nurses, Midwives And Nursing Associates

Made 30th July 2020

Laid before Parliament 5th August 2020

Coming into force 31st August 2020

At the Court Council Chamber, Whitehall, the 30th day of July 2020

By the Lords of Her Majesty’s Most Honourable Privy Council

The Nursing and Midwifery Council has made the Nursing and Midwifery Council (Coronavirus) (Amendment) (No. 2) Rules 2020, as set out in the Schedule to this Order, in exercise of the powers conferred by articles 32(1) and (2)(j), 37(4) and (5) of, and paragraph 17(1) of Schedule 1 to the Nursing and Midwifery Order 2001f1.

In accordance with article 47(3) of the Nursing and Midwifery Order 2001 (“the 2001 Order”) the Nursing and Midwifery Council has consulted representatives of groups of persons who appear likely to be affected by the proposed rules.

In accordance with article 47(1) of the 2001 Order, the Rules shall not come into force until approved by Order of the Privy Council.

Annotations to the whole text

Footnotes

f1

S.I. 2002/253. Relevant amending instruments are S.I. 2008/1485, 2014/3272, 2017/321 and 2018/838.

Contents

  1. 1Citation and commencement
  2. 2Privy Council approval
  3. Signature
  4. Schedule THE NURSING AND MIDWIFERY COUNCIL (CORONAVIRUS) (AMENDMENT) (NO. 2) RULES 2020
  5. 1Citation and commencement
  6. 2Amendment of the Nursing and Midwifery Council (Fitness to Practise) Rules 2004
  7. 3Amendment of the Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 2004
  8. 4Amendment of the Nursing and Midwifery Council (Practice Committees) (Constitution) Rules 2008
  9. 5Amendment to the Nursing and Midwifery Council (Emergency Procedures) (Amendment) Rules 2020
  10. Explanatory note

1Citation and commencement

This order may be cited as the Nursing and Midwifery Council (Coronavirus) (Amendment) (No. 2) Rules Order of Council 2020 and comes into force on 31st August 2020.

2Privy Council approval

Their Lordships, having taken the Rules as set out in the Schedule to this Order into consideration, are pleased to, and do approve them.

Signature

Richard Tilbrook

Clerk of the Privy Council

THE NURSING AND MIDWIFERY COUNCIL (CORONAVIRUS) (AMENDMENT) (NO. 2) RULES 2020

The Nursing and Midwifery Council makes the following Rules in exercise of the powers conferred under articles 32(1) and (2)(j), 37(4) and (5), and paragraph 17(1) of Schedule 1 to the Nursing and Midwifery Order 2001.

The Nursing and Midwifery Council have consulted in accordance with article 47(3) of that Order, with representatives of groups of persons who appear likely to be affected by the proposed rules.

1Citation and commencement

These Rules may be cited as the Nursing and Midwifery Council (Coronavirus) (Amendment) (No. 2) Rules 2020 and come into force on 31st August 2020.

2Amendment of the Nursing and Midwifery Council (Fitness to Practise) Rules 2004

In the Nursing and Midwifery Council (Fitness to Practise) Rules 2004f1—

(a)

for the heading of rule 2Bf2, substitute “Virtual meetings and hearings”;

(b)

renumber rule 2B as 2ZA;

(c)

omit rule 19(5)f3.

3Amendment of the Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 2004

In the Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 2004f1—

(a)

for the heading of rule 2Bf2, substitute “Virtual meetings and hearings”;

(b)

renumber rule 2B as 2ZA.

4Amendment of the Nursing and Midwifery Council (Practice Committees) (Constitution) Rules 2008

In the Nursing and Midwifery Council (Practice Committees) (Constitution) Rules 2008f1 in rule 6 (the practice committees)—

(a)

for paragraph (8A)f2, substitute—

“(8A)

The Council may extend the term of office of any member of a Practice Committee, who as of 3rd March 2020 was serving a second term, for such a period as it considers appropriate.”;

(b)

in paragraph (10), before “The quorum”, for “Subject to paragraph (11),” substitute “Subject to paragraph (11),”;

(c)

for paragraph (11)f3, substitute—

“(11)

In cases where it is not reasonably practicable to comply with the requirements of paragraph (10)—

(a)

in that paragraph, for “3”, substitute “2”; and

(b)

paragraph (10)(a) shall not apply.”.

5Amendment to the Nursing and Midwifery Council (Emergency Procedures) (Amendment) Rules 2020

In the Nursing and Midwifery Council (Emergency Procedures) (Amendment) Rules 2020f1, omit rule 2(2).

Explanatory note

(This note is not part of the Order)

This Order approves amendments to Rules made by the Nursing and Midwifery Council (“NMC”). The amendments ensure that the NMC’s processes can continue during the period of the Covid-19 pandemic. The Order makes amendments to the Nursing and Midwifery Council (Fitness to Practise) Rules 2004, Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 2004 and the Nursing and Midwifery Council (Practice Committees) (Constitution) Rules 2008 to correct defects contained in the Nursing and Midwifery Council (Emergency Procedures) (Amendment) Rules 2020 (as contained in the Schedule to S.I. 2020/364) and amend a provision regarding when hearings are held in public and private so that it applies to audio and video hearings. This order further removes the sunset clause in article 2(2) of S.I. 2020/364.