PROCEDURE OF THE COUNCIL FOR NURSES AND MIDWIVES 
FOR THE ERASURE OF NAMES FROM THE REGISTER _g S.L.458.22 1
SUBSIDIARY LEGISLATION 458.22
PROCEDURE OF THE COUNCIL FOR NURSES AND 
MIDWIVES FOR THE ERASURE OF NAMES FROM 
THE REGISTER RULES
1st November, 1994
LEGAL NOTICE 148 of 1994.
Title.
Nurses and Midwives for the Erasure of Names from the Register
Rules.
Interpretation.
Cap. 464.
"charge" means a charge specified in a notice of inquiry;
Cap. 94.
"Council" means the Council for Nurses and Midwives
established by the Department of Health (Constitution) Ordinance;
"Chairman" means the Chairman of the NCouncil for Nurses and
Midwives and includes, in the case of absence of the Chairman
from a meeting of the Council, the Chairman of that meeting;
"practitioner" means registered or enrolled nurses or a midwife
registered or enrolled under the Act, and references to the
practitioner, in relation to any complaint or information or to any
proceedings, are references to the practitioner against whom a
complaint or information is sent to the Council;
Cap. 94.
"registrar" means the registrar of the Council for Nurses and
Midwives appointed in accordance with the provisions of article
32(4) of the Department of Health (Constitution) Ordinance.
Directions under 
the Act.
3. No direction shall be given under the Act except in
consequence of an inquiry held in accordance with the provisions
of these rules into the charge formulated in a notice of inquiry
served in accordance with the said provisions of these rules on the
person against whom the charge is made.
Complaints and 
information.
Cap. 9.
4. (1) Where -
( a ) a complaint in writing that a practitioner has been
convicted by any court in these Islands of any crime
punishable by imprisonment for any term exceeding
one year or of any of the crimes mentioned in articles
198 to 209 of the Criminal Code is sent to the Council
by any body or person, or information in writing that a
practitioner has been so convicted is sent to the
Council by a person acting in a public capacity; or 
( b ) a complaint in writing on the conduct of a practitioner
has been sent to the Council by any body or person, or
information in writing as to the conduct of a
practitioner has been sent to the Council by a person
acting in a public capacity; or
2 _g S.L.458.22
PROCEDURE OF THE COUNCIL FOR NURSES AND MIDWIVES 
FOR THE ERASURE OF NAMES FROM THE REGISTER
( c ) a complaint in writing that a practitioner is unfit to
continue to practise his profession on grounds of
mental or physical infirmity is sent to the Council by
any body or person, or information in writing as to the
fitness of a practitioner to continue to practise his
profession on the grounds aforesaid is sent to the
Council by a person acting in a public capacity, 
the registrar shall submit the complaint or information to the
Chairman.
(2) In so far as a complaint relates to conduct or unfitness on
grounds of infirmity, it shall not proceed further unless and until it
has been confirmed by means of a declaration on oath; and every
such declaration -
( a ) shall state the address and description of the declarant,
and
( b ) if any fact declared is not within the personal
knowledge of the declarant, shall state the source of
the declarant’s information and the grounds for
accepting that the alleged fact is true.
(3) Subject to the provisions of sub-rule (2), the Chairman shall
direct the registrar to notify the practitioner of the receipt of the
complaint or information, stating the substance thereof and sending
to the practitioner a copy of any declaration on oath furnished
under sub-rule (2), and to invite the practitioner to submit to the
Council, within any period of time not exceeding four weeks, any
explanation which the practitioner may have to offer; and every
such explanation must be in writing and shall reach the registrar
within the time fixed by the Chairman: 
Provided, however, that in so far as a complaint or
information relates to conduct, if it does not appear to the Chairman
that a question arises whether the said conduct constitutes infamous
conduct in a professional respect, he shall direct the registrar to
refer such complaint or information to the Council either to decide
that the complaint or information need not proceed further or to
direct the registrar to notify practitioner in accordance with the
provisions of this rule.
(4) Subject to the foregoing provisions of this rule, the
Chairman shall direct the registrar to refer for inquiry a complaint
or information to the Council together with any explanation then
furnished by the practitioner and any declarations on oath furnished
under sub-rule (2).
(5) In this rule the expression "person acting in a public
capacity" means an officer of a government department or public
authority acting as such, or any person holding judicial office or
any Court official.
Notice of inquiry. 5. (1) As soon as may be after a complaint or information has
been referred to the Council under the foregoing provisions and
unless the Council is fully satisfied with the written explanation of
the practitioner, the registrar shall serve on practitioner a notice (in
these rules referred to as a "notice of inquiry") which shall -
PROCEDURE OF THE COUNCIL FOR NURSES AND MIDWIVES 
FOR THE ERASURE OF NAMES FROM THE REGISTER _g S.L.458.22 3
( a ) specify, in the form of a charge, the matters into which
the inquiry is to be held; and
( b ) state the day, time and place at which the inquiry is to
be held.
(2) The inquiry shall not be fixed for any date earlier than eight
days after the date of the notice of inquiry.
(3) A notice of inquiry shall be in the form set out in Form A
contained in the Schedule, with such variations as circumstances
may require.
(4) There shall be sent with any notice of inquiry a copy of
these rules.
(5) A copy of the notice of inquiry shall be served on the
complainant or the informer.
Day and time of 
inquiry.
6. The Chairman shall appoint the day and time for the
holding of an inquiry under the Act.
Defective notice.
Chairman, or at any stage of the hearing it appears to the Council
that a notice of inquiry is defective, the Chairman or the Council, as
the case may be, shall give directions for the amendment of the
notice as he or it may think necessary unless, having regard to the
merits of the case, the required amendments cannot be made
without injustice.
(2) Where in the opinion of the Chairman or of the Council it is
expedient, in consequence of the exercise of the powers conferred
by sub-rule (1), that the inquiry should be postponed or adjourned,
the Chairman or the Council, as the case may be, shall give such
directions in that behalf as appear necessary.
Public 
proceedings.
8. Proceedings before the Council shall be held in public; the
Board may, however, when it considers it expedient, order that the
proceedings be held in private.
Abstention or 
challenge.
Cap. 12.
9. (1) Any member of the Council and/or the registrar shall
abstain from taking part in any inquiry or may be challenged in any
of the circumstances in which a judge would abstain or can be
challenged in accordance with the provisions of article 734 of the
Code of Organization and Civil Procedure.
(2) Any such challenge shall not be admissible unless made
before the reading out by the registrar of the charge to the
practitioner.
(3) The Council shall decide the objection previously to the
reading out of the said charge and its decision shall be final.
Legal and other 
assistance.
10. (1) Any party to the proceedings before the Council may
be assisted by an advocate. The practitioner may also be assisted by
a member of his profession, whose name appears in the appropriate
register or roll, or by a legal procurator.
(2) The Chairman shall bring the provisions of this rule to the
notice of any party to the proceedings appearing before the Council
without any such assistance.
4 _g S.L.458.22
PROCEDURE OF THE COUNCIL FOR NURSES AND MIDWIVES 
FOR THE ERASURE OF NAMES FROM THE REGISTER
Reading of charge. 11. The proceedings on the inquiry shall commence with the
reading out by the registrar of the charge. Thereupon the Chairman
shall put to the practitioner the question whether he admits or
refutes the charge.
Admission or 
refutation.
12. (1) If the practitioner admits the charge the Council may,
in its discretion, dispense with the production of witnesses and
proceed to give its decision on that day or on any other day
appointed for the purpose.
(2) If the practitioner refutes the charge the Council shall
proceed with the inquiry.
(3) If the practitioner fails to attend without just cause and the
Council is satisfied that a notice of inquiry was sent as required by
these rules, the Council may, if it thinks fit, proceed with the
inquiry even in his absence.
Proceedings. 13. The proceedings on an inquiry shall be as follows:
( a ) Witnesses in support of the charge shall be produced
and examined by the party producing them or in his
absence by the Council and cross-examined by the
practitioner; thereafter any member of the Council
may put questions as he may deem necessary.
( b ) Witnesses in defence shall be heard and in case the
practitioner wishes to give his evidence, he may do so
provided his evidence be given before that of any
witness to be produced by him. Witnesses shall be
examined by the practitioner and cross-examined by
any other party to the proceedings; thereafter any
member of the Council may put questions as he may
deem necessary.
( c ) When the whole of the evidence has been concluded,
the practitioner shall, personally or through the person
by whom he is assisted, address the Council and make
his defence.
( d ) The Council shall then give its decision on that day or
on any other day appointed for the purpose.
( e ) The Council shall not be debarred at any stage of the
proceedings until the decision is given from rehearing
any witness or requesting the production of any
documents.
Charge not proved. 14. In all cases where the Council is satisfied that the charge
has or has not been proved, the Council shall decide accordingly
and it shall record a finding that the charge has or has not been
proved and that practitioner is or is not guilty in respect of the
matters to which the charge relates.
Decisions to be 
given in public and 
in writing.
15. (1) The decisions of the Council shall be given in public
and in writing; they shall be signed by the Chairman. 
(2) The original shall be kept with the registrar, together with
the complete record of the inquiry.
PROCEDURE OF THE COUNCIL FOR NURSES AND MIDWIVES 
FOR THE ERASURE OF NAMES FROM THE REGISTER _g S.L.458.22 5
Validity of 
proceedings.
16. Where under any of the foregoing provisions of these rules
the inquiry stands postponed to a future meeting, the validity of the
proceedings at that meeting shall not be called into question by
reason only that members of the Council who were present at the
former meeting were not present at the later meeting or that
members of the Council who were present at the later meeting were
not present at the former meeting.
Copy of decision.
copy of the decision of the Council.
Form of summons 
to give evidence.
18. Notice to any person to appear before the Council to give
evidence and/or to produce documents shall be in the form set out
in Form B contained in the Schedule.
Signature and 
serving of notice.
19. Every notice referred to in these rules shall be signed by
the Chairman and served in accordance with the provisions of
article 36 of the Act:
Provided that any notice issued under rule 18 shall be
served in accordance with the provisions of article 37 of the Act.
Powers of Council.
proceedings -
( a ) to maintain good order, and
( b ) to regulate the discussion.
Confidential 
discussions.
21. The members of the Council and the registrar shall not
divulge anything discussed by the Council in the course of an
inquiry.
Other proceedings.
regulate its own procedure.
6 _g S.L.458.22
PROCEDURE OF THE COUNCIL FOR NURSES AND MIDWIVES 
FOR THE ERASURE OF NAMES FROM THE REGISTER
SCHEDULE
_gRules 5(3)_h 
FORM A
COUNCIL FOR NURSES AND MIDWIVES
Notice of Inquiry
To ..................................... (date)
..........................................
I hereby give you notice that the Council for Nurses and
Midwives has ordered an inquiry to consider and judge the charge
imputed to you, namely ..................................................................
.......................................................................................................
You are hereby informed that the first sitting of the said inquiry
will be held on ............... the .................19 ............. at ... at
........................
A copy of the Council for Nurses and Midwives Rules is
enclosed for your guidance.
You are warned that failure on your part to appear without giving
a reasonable explanation for your absence would not debar the
Council for Nurses and Midwives from proceeding with the inquiry
in your absence.
Chairman, 
Council for Nurses and Midwives
PROCEDURE OF THE COUNCIL FOR NURSES AND MIDWIVES 
FOR THE ERASURE OF NAMES FROM THE REGISTER _g S.L.458.22 7
FORM B 
(Rule 18)
COUNCIL FOR NURSES AND MIDWIVES
Notice to a person to give evidence and/or to produce 
documents, etc.
To .................................... (date)
 ...................................
You are hereby required to attend before the Council for Nurses
and Midwives on ................. the ................19 ...... at ............. at
........................ and so on any other day to which the hearing may
be put off, to give evidence and/or to produce the following
documents ........................... in the matter of an inquiry held
against ..........................................
You are warned that failure to attend as hereby required will
expose you to sanctions prescribed by law.
Chairman, 
Council for Nurses and Midwives
