Nurses and Midwives Act 2011

63.

Conduct of hearing.

63.— (1) The Fitness to Practise Committee shall, subject to subsection (2) and sections 65 and 66 , hear a complaint referred to it under section 61 .

(2) Where a subcommittee of the Fitness to Practise Committee is conducting a hearing of a complaint referred to that Committee—

( a) if the complaint concerns a registered nurse, at least one member of the subcommittee shall be a registered nurse, and

( b) if the complaint concerns a registered midwife, at least one member of the subcommittee shall be a registered midwife.

(3) A hearing before the Fitness to Practise Committee shall be held in public unless—

( a) following a notification under section 62 , the registered nurse or registered midwife or a witness who will be required to give evidence at the inquiry or about whom personal matters may be disclosed at the inquiry requests the Committee to hold all or part of the hearing otherwise than in public, and

( b) the Committee is satisfied that it would be appropriate in the circumstances to hold the hearing or part of the hearing otherwise than in public.

(4) At the hearing of a complaint before the Fitness to Practise Committee—

( a) the chief executive officer, or any other person with leave of the Committee, shall present the evidence in support of the complaint,

( b) the testimony of witnesses attending the hearing shall be given on oath, and

( c) there shall be a right to cross-examine witnesses and call evidence in defence and reply.

(5) Any member of the Fitness to Practise Committee may administer oaths for the purposes of an inquiry.