Section 42 Tribunals for appeals relating to nursing homes (including maternity homes) and mental nursing homes.

England and Wales

(1)

A Registered Homes Tribunal to hear an appeal relating solely to registration under Part II of this Act shall include a registered medical practitioner.

(2)

Such a tribunal shall also include—

(a)

if the appeal relates to registration of a maternity home, a registered midwife; and

(b)

in any other case, a qualified nurse.

(3)

A tribunal which is constituted to hear both an appeal relating to registration under Part I of this Act and an appeal relating to registration under Part II shall include a person selected in accordance with subsection (2) above.

(4)

In this Part of this Act “qualified nurse” means a person who—

(a)

is for the time being registered under the F1the Nursing and Midwifery Order 2001.; and

(b)

would have been qualified to be registered under section 2(1) of the M1Nurses Act 1957.

Annotations

Textual amendments

F1: Words in s. 42(4)(a) substituted by The Nursing and Midwifery Order 2001 (S.I. 2002/253), arts 1, 54(3), Sch. 5 para. 8 (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.)

Marginal citations

M1: 1957 c. 15.

Notes on the whole Act

Textual amendments

F1: Act repealed (1.4.2002) by Care Standards Act 2000 (c. 14), s. 117(2), Sch. 6; S.I. 2001/3852, art. 3(7)(j) (subject to art. 2, Sch. 1 (as amended: (27.3.2002) by S.I. 2002/1493, art. 5; (31.5.2002) by S.I. 2002/1790, art. 2; (8.12.2005) by S.I. 2005/3397, art. 2)); S.I. 2002/920, art. 3(3)(g) (subject to art. 3(5)-(10) and with art. 2, Schs. 1-3)