Regulation 29
Conduct of hearing
of Nurses and Midwives Regulations 2012
Subregulation 1
At the hearing, the case against the respondent may be presented by the Board’s solicitor.
Subregulation 2
The respondent may appear in person or be represented by counsel.
Subregulation 3
Where neither the respondent nor his counsel is present, the Complaints Committee may proceed with the hearing if it is satisfied that regulation 27 has been complied with.
Subregulation 4
The Complaints Committee shall adopt the following procedure in respect of the hearing but may make such variations or modifications in any particular case:
the charge or charges against the respondent shall first be read out to the respondent;
the respondent or his counsel may object to any charge on a point of law, and if any such objection is upheld, no further proceedings shall be taken by the Committee on the charge to which the objection relates;
the Board’s solicitor shall present the facts on which the complaint or information is based and adduce evidence of the facts alleged in the charge or charges;
the respondent or his counsel may adduce evidence of his own to substantiate his defence;
both the Board’s solicitor and the respondent or his counsel may cross-examine witnesses of the other party after the evidence-in-chief has been completed and either party may re-examine their witnesses after the cross-examination;
at the close of the case, the respondent or his counsel may address the Committee; and
the Board’s solicitor shall make his closing address.
Subregulation 5
The Complaints Committee shall not be bound to act in any formal manner and shall not be bound by the provisions of the Evidence Act (Cap. 97) or by any other written law relating to evidence but may inform itself on any matter in such manner as it thinks fit.
Subregulation 6
If the Complaints Committee is satisfied that the respondent or his counsel is hampering or attempting to hamper the progress of the hearing, it shall administer a warning to the respondent or his counsel.
Subregulation 7
If the Complaints Committee is satisfied that any such warning is disregarded, the Committee shall proceed to complete the hearing in any manner it thinks fit.