Nurses and Midwives Act 2011
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Appeal to Court against Board’s decision under section 79 or 80. |
81.— (1) A nurse or midwife the subject of a decision made by the Board— | |
(a) under section 79 to refuse to restore the nurse’s or midwife’s registration or to attach conditions to the nurse’s or midwife’s registration, or | ||
(b) under section 80 to refuse to remove a condition to which that section applies attached to the person’s registration, | ||
may, not later than 21 days after the nurse or midwife received notice of the decision under section 79 (5) or 80 (3), as the case may be, appeal to the Court against the decision. | ||
(2) The Court may, on the hearing of an appeal under subsection (1) by a nurse or midwife, consider any evidence adduced or argument made, whether or not adduced or made to the Board. | ||
(3) The Court may, on the hearing of an appeal under subsection (1) by a nurse or midwife— | ||
(a) either— | ||
(i) confirm the decision the subject of the appeal, or | ||
(ii) quash that decision and substitute such other decision as the Court considers appropriate, which may be a decision— | ||
(I) to restore the registration of the nurse or midwife in such division of the register of nurses and midwives as the Court considers appropriate and— | ||
(A) with no conditions attached to the registration, or | ||
(B) with such conditions attached to the registration as the Court considers appropriate, | ||
or | ||
(II) to remove the conditions attached to the nurse’s or midwife’s registration or replace conditions attached to the registration of the nurse or midwife with such other conditions as the Court considers appropriate, | ||
and | ||
(b) give the Board such directions as the Court considers appropriate and direct how the costs of the appeal are to be borne. | ||
(4) The Board shall, on complying with any direction given by the Court under subsection (3), give notice in writing to the nurse or midwife concerned of the Board’s compliance with the direction. |