The Nursing and Midwifery Council (Emergency Procedures) (Amendment) Rules 2020 Order of Council 2020

Publication Date:January 01, 2020
 
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2020No. 364

HEALTH CARE AND ASSOCIATED PROFESSIONS

NURSES, MIDWIVES AND NURSING ASSOCIATES

The Nursing and Midwifery Council (Emergency Procedures) (Amendment) Rules 2020 Order of Council 2020

Made27thMarch2020

Laid before Parliament30thMarch2020

Coming into force31stMarch2020

At the Court Council Chamber, Whitehall, the 27th day of March 2020

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

The Nursing and Midwifery Council has made the Nursing and Midwifery Council (Emergency Procedures) (Amendment) Rules 2020, as set out in the Schedule to this Order, in exercise of the powers conferred by articles 7(1) and (2), 26(3), 32(1) and (2), and 37(4) and (5) of the Nursing and Midwifery Order 2001( 1).

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 articles 47(1) and 48 of the 2001 Order, the Rules shall not come into force until approved by Order of the Privy Council.

Citation and commencement

1. This Order may be cited as the Nursing and Midwifery Council (Emergency Procedures) (Amendment) Rules 2020 Order of Council 2020 and comes into force on 31st March 2020.

Privy Council approval

2. Their Lordships, having taken the Rules into consideration, are pleased to, and do approve them.

Richard Tilbrook

Clerk of the Privy Council

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) the Nursing and Midwifery Council (Fitness to Practise) Rules 2004( 3);

(b) the Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 2004( 4);

(c) the Nursing and Midwifery Council (Practice Committees) (Constitution) Rules 2008( 5).

(2) The amendments to the Rules cease to have effect when either—

(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) section 2 of, and Schedule 1 to, the Coronavirus Act 2020( 6) are 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 Council (Education, Registration and Registration Appeals) Rules 2004

4.—(1) The Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 2004 are amended as follows.

(2) After rule 2 (interpretation), insert—

Hearings during an emergency situation

2B. Hearings arranged under these Rules may be conducted using audio or video conferencing facilities.”.

(3) In rule 14(5) (lapse of registration)( 8), omit the words commencing with “not exceeding three months” and ending with “due under rule 13”.

(4) In rule 19 (service of documents in relation to registration appeals)—

(a) for paragraph (1), substitute—

“(1) In this part of the Rules a reference to sending of a notice or other document to a person is a reference to it being sent—

(a) in the case of the Council, an Appeal Panel or the Registrar, to—

(i) the offices of the Council, or

(ii) the electronic mail address notified by the Council;

(b) in...

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