Nursing and Midwifery Order 2001 (Legal Assessors) Order of Council 2004

• Citation: S.I. 2004/1763
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Nursing and Midwifery Order 2001 (Legal Assessors) Order of Council 2004 and shall come into force on 1st August 2004.

(2) In this Order—

“ the Order ” means the Nursing and Midwifery Order 2001;

“Committee”, except in the title of a Committee, means one of the Committees mentioned in article 2 of this Order; and

“hearing” does not include—

any preliminary meeting held by a Committee pursuant to rule 18 of the Nursing and Midwifery Council (Fitness to Practise) Rules 2004 (preliminary meetings); or

any private meeting of a Committee.

Section 2 Hearings at which legal assessors' advice is to be given in the presence of the parties or their representatives

At a hearing before—

(a) the Investigating Committee which relates to—

(i) an allegation under article 22(1)(b) of the Order or any matter which is treated as such an allegation in accordance with article 22(6) of the Order, or

(ii) whether to make, revoke, confirm, vary or replace an interim order under article 31 of the Order;

(b) the Health Committee under Part V of the Order;

(c) the Conduct and Competence Committee under Part V of the Order; or

(d) the Council under article 37 of the Order,

any advice tendered by a legal assessor to the Council or a Committee shall, subject to article 3, be given in the presence of every party, or person representing a party, in attendance at the hearing.

Section 3 Exceptions to article 2

Where the Council or a Committee—

(a) has begun to deliberate on its decision; and

(b) considers that it would be prejudicial to the discharge of its functions for the advice to be tendered in the presence of the parties or their representatives,

the advice may be given in the absence of the parties or their representatives.

Section 4 Procedure to be followed where advice is given in the absence of the parties or their representatives

Where advice is given in the absence of the parties or their representatives in accordance with article 3, the legal assessor shall—

(a) as soon as practicable after completion of the deliberations inform each of the parties (or their representatives) in attendance at the hearing of the advice he gave, together with any question which led to that advice; and

(b) subsequently record those matters in writing and give a copy to those parties or their representatives.

Section 5 Copies of written advice for parties not present at a hearing

Copies of written advice, made for the purposes of article 4 shall be available, on application, to every party to the proceedings who does not attend, and is not represented at, the hearing before the Council or the Committee.