SCHEDULE
Article 2
THE NURSING AND MIDWIFERY COUNCIL (EMERGENCY PROCEDURES) (AMENDMENT) RULES 2020
The Nursing and Midwifery Council makes the following Rules in exercise of the powers conferred under articles 7(1) and (2), 26(3), 32(1) and (2), and 37(4) and (5) of the Nursing and Midwifery Order 2001.
The Nursing and Midwifery Council have consulted in accordance with article 47(3) of that Order, such consultation being limited in scope in the context of a worldwide health pandemic.
PART 1
Preliminaries
Citation and commencement
1. These Rules may be cited as the Nursing and Midwifery Council (Emergency Procedures) (Amendment) Rules 2020 and come into force on 31st March 2020.
2.—(1) Where the Secretary of State advises the Registrar of the matters under article 9A(1)(a)2(temporary registration in emergencies involving loss of human life or human illness etc) of the 2001 Order, the following Rules have effect as if they were subject to the amendments made by Parts 2, 3 and 4 respectively—
(a)
(a) the Nursing and Midwifery Council (Fitness to Practise) Rules 20043;
(b)
(b) the Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 20044;
(c)
(c) the Nursing and Midwifery Council (Practice Committees) (Constitution) Rules 20085.
(2) The amendments to the Rules cease to have effect when either—
(a)
(a) the Secretary of State advises the Registrar that the emergency notified under article 9A(1)(a) of the 2001 Order has ended, or
(b)
(b) section 2 of, and Schedule 1 to, the Coronavirus Act 20206are no longer in operation.
PART 2
Amendment of the Nursing and Midwifery Council (Fitness to Practise) Rules 2004
3.—(1) The Nursing and Midwifery Council (Fitness to Practise) Rules 2004 are amended as follows.
(2) After rule 2 (interpretation), insert—
“Meetings and hearings during an emergency situation
2B. Meetings and hearings arranged under these Rules may be conducted using audio or video conferencing facilities.”.
(3) After rule 5(3) (procedure of the Investigating Committee where the allegation relates to a fraudulent or incorrect entry in the register), insert—
“3A In paragraph (3) “venue” includes details of audio or video conferencing arrangements.”.
(4) After rule 11(3) (notice of hearing), insert—
“3A In paragraph (3) “venue” includes details of audio or video conferencing arrangements.”.
(5) After rule 19(4) (public and private hearings), add—
“5 This rule does not apply to hearings conducted by audio or video conferencing.”.
(6) After rule 32(3) (postponements and adjournments), insert—
“3A In paragraph (3) “venue” includes details of audio or video conferencing arrangements.”.
(7) In rule 34 (service of documents)7, for paragraph (1), substitute—
“1 Any notice of hearing required to be served upon the registrant shall be delivered by sending it by—
(a) a postal service or other delivery service in which delivery or receipt is recorded to, or by leaving it at, the registrant’s address in the register; or
(b) a postal service or other delivery service in which delivery or receipt is recorded to, or by leaving it at, where this differs from, and it appears to the Council more likely to reach the registrant at, the registrant’s last known address; or
(c) electronic mail to an electronic mail address that the registrant has notified to the Council as an address for communications.”.
PART 3
Amendment of the Nursing and Midwifery...
