The following Corporate Crime guidance note Produced in partnership with John Donnelly and Sam Shurey of 2 Bedford Row provides comprehensive and up to date legal information covering:
By virtue of the Nursing and Midwifery (Amendment) Order 2017, SI 2017/321, from 28 July 2017 a single committee, known as the Fitness to Practise (FTP) Committee, is responsible for conduct and competence hearings in addition to health hearings. This Committee replaces the separate Conduct and Competence Committee and the Health Committee. The usual protocol is that competence and conduct hearings are conducted in public, whilst health matters are ordinarily in private.
When it receives a referral the Committee is required to send the registrant a notice of referral and be served in accordance with the service provisions under rule 34(3) either by post or email. The notice will require the registrant to notify the NMC within 28 days if he or she would like the allegation to be considered at a hearing. If the registrant does not respond within the given time period, then the NMC has the power to determine the matter without a hearing, so it is important that registrants respond without delay to any notices received.
The notice should also contain any further disclosure (not already disclosed) and invite the registrant to submit written representations within 28 days. The Committee has the power to refer any representations received to the complainant for a response. In competence and conduct matters, the Committee has the
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