NMC Interim Orders—the hearing
Produced in partnership with John Donnelly and Sam Shurey of 2 Bedford Row
NMC Interim Orders—the hearing

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:

  • NMC Interim Orders—the hearing
  • Preliminary matters
  • The hearing
  • Interim Order reviews

When considering interim orders, the panel should have in mind each of the three options available to them namely, no order, conditions of practice, or suspension—see Practice Note: NMC Interim Orders which sets out the position on interim orders prior to and following substantive hearings.

Preliminary matters

There are three potential matters to be considered prior to the commencement of any hearing, namely:

  1. proof of notice of hearing

  2. proceeding in absence of the registrant

  3. consideration of the merits of any application to adjourn

The hearing

A registrant has the right to attend an Interim Order hearing or review hearing and to be represented. The relevant committee is required to send the registrant an Interim Order notice unless the order is being proposed at a hearing where a decision to impose a sanction has been made. The rules provide that the registrant should be provided with such notice as soon as is reasonable in all the circumstances, but there is no specified notice period. The notice is deemed as served the following day, provided it has been posted by first class post to the registrant’s address as recorded on the register.

Panels tend to regard seven days as reasonable notice, but every case will be fact-specific and the panel has a discretion, applying the principles of fairness, and what is reasonable