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This site is based on Disciplinary and Regulatory Proceedings, 8th Edition
Disciplinary and Regulatory Proceedings is the leading work on this important and dynamic area of law. For 20 years it has provided authoritative guidance to lawyers, tribunals, and other experts dealing with professional discipline and regulation.

Nursing & Midwifery Council

Website http://www.nmc-uk.org
Tribunal rules Health Act 1999, Nursing and Midwifery Order 2001, The Nursing & Midwifery Council (Fitness to Practise) Rules 2004,SI 2004/1761
Code of Standards, etc NMC Code of Professional Conduct: standards for conduct performance and ethics
Grounds for disciplinary proceedings Breach of Code and standards
Powers of administrative suspension? Yes, interim orders
Settlement/conciliation procedures available? No
Who investigates? Investigating Committee and NMC staff
Power of entry/search and seizure? No
Power to demand information? No
Pre-trial hearing? Yes, if appropriate
Discovery of documents? No formal discovery process
Pleadings? No
Tribunal Conduct and Competence Committee/Health Committee
Address Council’s Officer
23 Portland Place
London W1B1PZ
Legally qualified chairman? Yes
Tribunal includes lay element? Yes
Tribunal has legal assessor/clerk? Yes
Evidence heard on oath? Yes
Prosecution conducted in name of Nursing & Midwifery Council
Prosecution usually conducted by An external solicitor
Judicial rules of evidence apply? Yes, in modified form
Standard of proof Criminal
Maximum fine No power to fine
Costs against prosecutor? No
Power to order compensation? No power to order compensation
Proceedings open to public? Yes, except when considering health issues or interim orders
Reasons given for decisions? Yes
Published sentencing guidelines No
Where are decisions reported? On the NMC website
Alternative to full disciplinary proceedings? No
Ombudsman No
Appellate tribunal Administrative Division of the High Court (NB appeal by defendant or Commission for Healthcare Regulatory Excellence)
Costs against prosecutor? Yes
Right of appeal to prosecutor? No

 

Examples of Disciplinary Codes »