Nurses and Midwives Act 1991 No 9
Repealed version for 6 July 2009 to 30 June 2010 (accessed 26 November 2014 at 22:05)

68   Review of suspension or cancellation of registration or enrolment by the Tribunal

(1)  A person:
(a)  whose registration or enrolment has been suspended under section 55 (5) or 64, or
(b)  whose name has been removed from a Register or the Roll under section 55 (5), 64 or 67, or
(c)  who is the subject of a prohibition order,
may apply to the Tribunal for a review of the suspension, removal or prohibition order.
(2)  An application under this section is to be lodged with the Registrar who is to refer it to the Tribunal (which is to be constituted in accordance with this Act to deal with the application).
(3)  An application under this section:
(a)  may not be made by a person while the person is subject to an order fixing a time after which the person may apply to be registered or enrolled, and
(b)  may not be made if an appeal to the Supreme Court in respect of the same matter under section 67 has not been disposed of.
(4)  On an application being made under this section, the Tribunal may, after such inquiry as it thinks fit:
(a)  dismiss the application, or
(b)  by its order, terminate any suspension, or
(c)  order:
(i)  that a person whose name has been removed from a Register or the Roll be registered or enrolled under the provision of this Act under which the person was registered or enrolled immediately before the person ceased to be registered or enrolled or under any equivalent provision of this Act, and
(ii)  that such conditions, if any, as the Tribunal may impose on the person’s registration or enrolment and as are specified in the order be imposed on the person’s registration or enrolment, or
(d)  by its order terminate or shorten the period of a prohibition order or alter the conditions to which the person is subject under a prohibition order (including by imposing new conditions).
(5)  The Tribunal may award costs but only if it is satisfied that there are special circumstances warranting an award of costs.
(6)  A person registered or enrolled pursuant to an order referred to in subsection (4) (c) (i) is taken to be registered or enrolled pursuant to a determination made by the Board under Part 4.
(7)  A condition imposed pursuant to an order referred to in subsection (4) (c) (ii) is taken to be a condition that has been imposed by the Board under section 18, 19, 27 or 28, as the case requires.
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