The Nursing and Midwifery Council (Midwifery and Practice Committees) (Constitution) Rules Order of Council 2008

Type Statutory-Instrument
Publication 2008-12-09
Last updated 2020-08-31
State In force
Department King's Printer of Acts of Parliament
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Made: 9th December 2008

Laid before Parliament: 11th December 2008

Coming into force: 5th January 2009

At the Council Chamber, Whitehall, the 9th day of December 2008

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

The Nursing and Midwifery Council has made the Nursing and Midwifery Council (Midwifery and Practice Committees) (Constitution) Rules 2008, as set out in the Schedule to this Order, in exercise of the powers conferred by articles 22(4), 26(3) and (4), 30(9), 32, 33(4) and 47(2) of, and paragraphs 16 and 17 of Schedule 1 to, the Nursing and Midwifery Order 2001 and having consulted in accordance with article 47(3) of that Order.

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

Their Lordships, having considered the Rules, are pleased to and do approve them.

This Order may be cited as the Nursing and Midwifery Council (Midwifery and Practice Committees) (Constitution) Rules Order of Council 2008 and shall come into force on 5th January 2009.

SCHEDULE — THE NURSING AND MIDWIFERY COUNCIL (PRACTICE COMMITTEES) (CONSTITUTION) RULES 2008

The Nursing and Midwifery Council makes the following Rules in exercise of the powers conferred under articles 22(4), 26(3) and (4), 30(9), 32, 33(4) and 47(2) of, and paragraphs 16 and 17 of Schedule 1 to, the Nursing and Midwifery Order 2001, having consulted in accordance with article 47(3) of that Order.

PART 1 — Introductory

Citation and commencement

1

These Rules may be cited as the Nursing and Midwifery Council (Practice Committees) (Constitution) Rules 2008 and shall come into force on 5th January 2009.

Interpretation

2

In these Rules—

Appointments Board

3

The Council may obtain the assistance of the Appointments Board in connection with the exercise of any function relating to the appointment of members, including the appraisal of members.

PART 2 — The Practice Committees

The Midwifery Committee

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chair and deputy chair of the Midwifery Committee

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Practice Committees

6

Chairing of the Practice Committees

7

PART 3 — Disqualification, removal and suspension etc.

Disqualification from appointment as committee member

8

A person is disqualified from appointment as a member if that person—

from being concerned with the management or control of any body;

and the Council is satisfied that the person's membership of the committee would be liable to undermine public confidence in the regulation of nurses, midwives and nursing associates; or

Termination of committee membership

9

and the proceedings relating to that particular sanction have reached their final outcome;

Suspension of committee membership

10

and the Council is satisfied that it would not be appropriate for the member to continue to participate in proceedings of the committee while the investigation or proceedings concerning the member's fitness to practise is or are ongoing;

Potential consequences of needing to remove, or of having removed or suspended, Practice Committee members

11

PART 4 — Consequential amendment

Consequential amendment to the Nursing and Midwifery Council (Fitness to Practise) Rules 2004

12

In the Nursing and Midwifery Council (Fitness to Practise) Rules 2004 , in rule 2 (interpretation), omit the definition of “Chair”.

Signed

Judith Simpson — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: S.I. 2002/253; article 32 and paragraph 16 of Schedule 1 were amended by, and paragraph 17 of Schedule 1 was substituted by, S.I. 2008/1485.

[^f00002]: Article 48 was amended by S.I. 2008/1485.

[^f00003]: The Appointments Board was established pursuant to a decision of the Council on 7th December 2006.

[^f00004]: Scheduled to S.I. 2004/1764; the definition of “practising midwife” is in rule 2 of the Rules.

[^f00005]: 1974 c.53.

[^f00006]: S.I. 1978/1908 (N.I. 27).

[^f00007]: 1990 c. 40; section 7 was repealed by the Charities and Trustee Investment (Scotland) Act 2005 (asp 10), Schedule 4, paragraph 7(b).

[^f00008]: 2005 asp 10.

[^f00009]: 1986 c.45; Schedule 4A was inserted by section 257 of, and Schedule 20 to, the Enterprise Act 2002 (c.40).

[^f00010]: S.I. 1989/2405 (N.I. 19); Schedule 2A was inserted by S.I. 2005/1455 (N.I. 10).

[^f00011]: 1986 c.46.

[^f00012]: SI 1989/2404 (N.I. 18).

[^f00013]: SI 2002/3150 (N.I. 4); relevant amendments were made by S.I. 2005/1454 (N.I. 9).

[^f00014]: Section 429(2) was amended by the Enterprise Act 2002 (c.40), Schedule 23, paragraph 15.

[^f00015]: 2006 c.47.

[^f00016]: SI 2007/1351 (N.I. 11).

[^f00017]: 2007 asp 14.

[^f00018]: Scheduled to S.I. 2004/1761.

This Order may be cited as the Nursing and Midwifery Council (Midwifery and Practice Committees) (Constitution) Rules Order of Council 2008 and shall come into force on 5th January 2009.

The Nursing and Midwifery Council makes the following Rules in exercise of the powers conferred under articles 22(4), 26(3) and (4), 30(9), 32, 33(4) and 47(2) of, and paragraphs 16 and 17 of Schedule 1 to, the Nursing and Midwifery Order 2001, having consulted in accordance with article 47(3) of that Order.

Editorial notes

[^c19509421]: S.I. 2002/253; article 32 and paragraph 16 of Schedule 1 were amended by, and paragraph 17 of Schedule 1 was substituted by, S.I. 2008/1485.

[^c19509431]: Article 48 was amended by S.I. 2008/1485.

[^c19509441]: The Appointments Board was established pursuant to a decision of the Council on 7th December 2006.

[^c19509461]: 1974 c.53.

[^c19509471]: S.I. 1978/1908 (N.I. 27).

[^c19509481]: 1990 c. 40; section 7 was repealed by the Charities and Trustee Investment (Scotland) Act 2005 (asp 10), Schedule 4, paragraph 7(b).

[^c19509491]: 2005 asp 10.

[^c19509501]: 1986 c.45; Schedule 4A was inserted by section 257 of, and Schedule 20 to, the Enterprise Act 2002 (c.40).

[^c19509511]: S.I. 1989/2405 (N.I. 19); Schedule 2A was inserted by S.I. 2005/1455 (N.I. 10).

[^c19509521]: 1986 c.46.

[^c19509531]: SI 1989/2404 (N.I. 18).

[^c19509541]: SI 2002/3150 (N.I. 4); relevant amendments were made by S.I. 2005/1454 (N.I. 9).

[^c19509551]: Section 429(2) was amended by the Enterprise Act 2002 (c.40), Schedule 23, paragraph 15.

[^c19509561]: 2006 c.47.

[^c19509571]: SI 2007/1351 (N.I. 11).

[^c19509581]: 2007 asp 14.

[^c19509591]: Scheduled to S.I. 2004/1761.

[^key-bc11a740e2227036973d4e87246ee705]: Words in Sch. rule 8(h)(i) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 13(1)(3)(l) (with Pt. 4)

[^key-585a3e801fc49468e6a43564530a7ae6]: Words in Sch. rule 1 substituted (31.3.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(2)(d), Sch. 2 para. 3 (with art. 3)

[^M_F_39a5ad60-8f08-4863-e8a3-0f7582dacc76]: Words in Sch. title substituted (31.3.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(2)(d), Sch. 2 para. 3 (with art. 3)

[^key-0c6f66b5cc3dcf1d2fa24aac40ab72da]: Words in Sch. rule 2 omitted (31.3.2017) by virtue of The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(2)(d), Sch. 2 para. 4(a) (with art. 3)

[^key-ce44a51341abec281cee46d35a1fb02c]: Words in Sch. rule 2 omitted (31.3.2017) by virtue of The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(2)(d), Sch. 2 para. 4(b) (with art. 3)

[^key-6891d4fd2e73eff8eb90fa84c3cf8d6c]: Sch. Pt. 2 heading substituted (31.3.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(2)(d), Sch. 2 para. 5 (with art. 3)

[^key-0647d4cd7cd730de7575ca004a00f4eb]: Sch. rule 4 omitted (31.3.2017) by virtue of The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(2)(d), Sch. 2 para. 6 (with art. 3)

[^key-a1e5a3266eccfdefc208ea6fed5a91ff]: Sch. rule 5 omitted (31.3.2017) by virtue of The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(2)(d), Sch. 2 para. 6 (with art. 3)

[^key-857430020a075af12e3e1e4933572de9]: Sch. rule 6(1) substituted (31.3.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(2)(d), Sch. 2 para. 7(a) (with art. 3)

[^key-dd270170b22113416681a549d600394f]: Sch. rule 9(1)(b)(ii) omitted (31.3.2017) by virtue of The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(2)(d), Sch. 2 para. 8 (with art. 3)

[^key-c332e8160d7645ff50cc733df0b7160c]: Sch. rule 9(4) omitted (31.3.2017) by virtue of The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(2)(d), Sch. 2 para. 8 (with art. 3)

[^key-f1124a315ff0979207118aa4edb6b601]: Words in Sch. rule 6(2) substituted (28.7.2017) by The Nursing and Midwifery (Amendment) Order 2017 (S.I. 2017/321), art. 1(4), Sch. 2 para. 7(b) (with art. 3)

[^key-a43dd914b3c863b7b795ebc504a5fa90]: Words in Sch. rule 2 substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 2 para. 8(a)

[^key-47247425581eba228f74226e7361a565]: Words in Sch. rule 8(l) substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 2 para. 8(b)

[^key-8ad388c02b59dc3ec1d9f5894bce5d1c]: Words in Sch. rule 8(m) substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 2 para. 8(b)

[^key-a9e8ef3c6c01d6a8c0a55edd4a86ab5a]: Words in Sch. rule 9(1)(j) substituted (28.1.2019) by The Nursing and Midwifery (Amendment) Order 2018 (S.I. 2018/838), art. 1(3), Sch. 2 para. 8(c)

[^key-1cf41a48d9d9ee440ae573843eb4430a]: Sch. rule 6(8A) substituted (31.8.2020) by The Nursing and Midwifery Council (Coronavirus) (Amendment) (No. 2) Rules Order of Council 2020 (S.I. 2020/821), Sch. rules 1, 4(a)

[^key-01d619362717037be4ef03c4d9f5e822]: Words in Sch. rule 6(10) substituted (31.8.2020) by The Nursing and Midwifery Council (Coronavirus) (Amendment) (No. 2) Rules Order of Council 2020 (S.I. 2020/821), Sch. rules 1, 4(b)

[^key-9880106e7d7b16b20f8805bd10c160ba]: Sch. rule 6(11) substituted (31.8.2020) by The Nursing and Midwifery Council (Coronavirus) (Amendment) (No. 2) Rules Order of Council 2020 (S.I. 2020/821), Sch. rules 1, 4(c)

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