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:
Interim Orders may be made if they are necessary to protect the public or in the public interest or in the registrant's interest prior to the substantive hearing on fitness. The threshold for an Interim Order is a high one because a registrant may be temporarily suspended or be subject to temporary conditions that limit or prevent his practice. No judgment is made regarding the facts of the allegation but the panel must be satisfied that, on a fair analysis, there may be a case to answer. The registrant should be given the opportunity to make representations and may adduce evidence.
A practice committee has the power to impose an Interim Suspension or Conditions of Practice Order under NMO 2001, art 31, either prior to having reached a decision or at the point where a final disposal decision has been made and the relevant sanction imposed.
Therefore an Investigating Committee may impose an Interim Order where an allegation of impaired fitness to practise has been referred to it, but the Committee has not reached a decision on the matter. The Investigating Committee cannot make an Interim Order after it has referred the allegation to the Conduct and Competence Committee or Health Committee.
In addition, an Interim Order can be made by a practice committee after reaching and imposing a
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