Nurses and Midwives Act 2011

73.

Appeal to Court against Board’s decision under section 69.

73.— (1) A registered nurse or registered midwife the subject of a decision under section 69 to impose a sanction (other than a sanction referred to in section 69(1)(a) or (2)) may, not later than 21 days after the nurse or midwife received the notice under section 71(1) of the decision, 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 Fitness to Practise Committee.

(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 application, or

(ii) quash that decision and substitute such other decision as the Court considers appropriate, which may be a decision—

(I) to impose a different sanction on the nurse or midwife, or

(II) to impose no sanction on the nurse or midwife,

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 a 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.