Regulation 32
Duty of legal assessor
of Nurses and Midwives Regulations 2012
Subregulation 1
Where the legal assessor appointed under section 39 of the Act has been invited to be present at any hearing before a Complaints Committee, he shall —
advise the Committee only on questions of law arising from the hearing; and
inform the Committee forthwith of any irregularity in the conduct of the hearing and advise it of his own motion where it appears to him that, but for such advice, there is a possibility of a mistake of law being made.
Subregulation 2
Subject to paragraph (3), the advice of the legal assessor shall be tendered in the presence of every party to the hearing, or person representing a party, who is present at the hearing.
Subregulation 3
If, in the case of any question referred by the Complaints Committee to the legal assessor after the Committee has begun to deliberate as to its findings, the Committee considers that it would be prejudicial to the discharge of its duties for the advice to be tendered in the presence of the parties or their representatives, the question may be tendered in their absence.
Subregulation 4
If the legal assessor tenders any advice in the absence of the parties or their representatives, he shall, as soon as possible, personally inform them of the question which has been put to him by the Complaints Committee and of his advice thereon, and his advice shall subsequently be put in writing and a copy thereof shall be given to each party or his representative.