The Nursing and Midwifery Council (Fees) (Practice Committee) (Fitness to Practise) (Amendment) Rules Order of Council 2026

Published: Fri 17th Jul 26

This Order approves a series of rules made by the Nursing and Midwifery Council (NMC) to increase professional registration fees and amend the procedures for fitness to practise investigations.

It authorizes the Council to appoint legally qualified chairs to lead practice committees, introduces new case management direction powers, and permits the service of legal documents via online accounts.

These regulations apply to nurses, midwives, and nursing associates registered in the UK, as well as the administrative and legal panels of the NMC.

Arguments For

The Order states that the Nursing and Midwifery Council (NMC) has consulted representatives of groups likely to be affected by the proposed rules as required by the Nursing and Midwifery Order 2001.
Proponents may argue the fee increases are necessary to ensure the NMC remains adequately funded to carry out its regulatory functions.
The document specifies that the new case management powers and legally qualified chairs aim to facilitate more efficient conduct of fitness to practise proceedings.
The introduction of online account document service is framed as a modernization of communication between the Council and registrants.

Arguments Against

Registrants may express concern regarding the financial impact of the fee increases, which see the standard registration and renewal fee rise from £120 to £143.
Legal scholars or practitioners might question the implications of allowing shorter notice periods for hearings if deemed in the "public interest," potentially impacting a registrant's ability to prepare their defense.
Affected parties might raise concerns regarding the security or accessibility of the new online account system for receiving formal legal notices.
The document notes that a full impact assessment was not produced, which could be a point of criticism regarding the lack of detailed economic scrutiny on the private or public sectors.

Citation and commencement

-(1) This Order may be cited as the Nursing and Midwifery Council (Fees) (Practice Committee) (Fitness to Practise) (Amendment) Rules Order of Council 2026.

(2) This Order comes into force on 1st October 2026.

This section establishes the official title of the legal instrument.

It sets the implementation date for all changes contained within the Order as 1 October 2026.

Council approval

Their Lordships, having taken the Rules contained in the Schedule into consideration, are pleased to and do approve them.

This section confirms that the Privy Council has reviewed and formally approved the rules set out in the accompanying Schedule.

This approval is a statutory requirement before the Nursing and Midwifery Council's rules can take legal effect.

Amendment of the Nursing and Midwifery Council (Fees) Rules 2004

In rule 3 (fees) of the Nursing and Midwifery Council (Fees) Rules 2004, in the table-
(a) in the entry of column (3) of rows (a), (e), (f) and (i), for '£120' substitute '£143';
(b) in the entry in column (3) of row (b), for '£153' substitute '£182';
(c) in the entry in column (3) of row (c), for '£140' substitute '£167';
(d) in the entry in column (3) of row (g), for '£23' substitute '£27';
(e) in the entry in column (3) of row (h), for '£25' substitute '£30'.

This rule increases the various fees charged by the NMC for professional registration.

The standard annual fee for registration, renewal, and readmission rises from £120 to £143, while other specific application and evaluation fees see proportional increases.

Amendment of the Nursing and Midwifery Council (Fitness to Practise) Rules 2004

The Nursing and Midwifery Council (Fitness to Practise) Rules 2004 are amended as follows.
In rule 6A (notice of fitness to practise allegations), after paragraph (2) insert-

'(3) The Registrar may extend the period specified in paragraph (2)(b).'.

In rule 6B (investigation of fitness to practise allegations) omit paragraph (4).
In rule 6C (consideration of fitness to practise allegations by case examiners)-
(a) in paragraph (1), omit ', in the light of the information which the Council has been able to obtain and any representations or other observations made to it under rule 6A(2) or under rule 6B(4),';
(b) after paragraph (1) insert-

'(1A) Before the Case Examiners make a decision that there is a case to answer under paragraph (2), give advice or issue a warning under paragraph (2B) or refer the case to the Investigating Committee under paragraph (4), they must be satisfied that the Registrar has-

(a) sent any information or documents obtained pursuant to rule 6B to the registrant;
(b) given the registrant a period of 28 days, beginning with the date on which information and documents obtained pursuant to rule 6B are sent, to make representations in response; and
(c) informed the registrant that, after the expiry of the period-
(i) specified in sub-paragraph (b), or (ii) if that period is extended under paragraph (1B), the extended period, the Case Examiners can proceed to make a decision in the absence of any representations.
(1B) The Registrar may extend the period specified in paragraph (1A)(b).

(1C) Before making a decision, the Case Examiners must consider the information the Registrar has been able to obtain and any representations or other observations made under these Rules.'.

In rule 6D (consideration of fitness to practise by the investigating committee), in paragraph (1) (c), substitute '6B(4)' for '6C(1A)'.

These rules update the initial investigation process for fitness to practise allegations.

They establish a formal 28-day window for registrants to respond to evidence collected against them and grant the Registrar the power to extend these response deadlines.

In rule 11 (notice of hearing)-

(a) for paragraph (2) substitute-

'(2) The notice of hearing shall be sent to the registrant no later than 28 days before the date fixed for the hearing, unless-

(a) the registrant consents to a shorter period being given; or
(b) the Registrar or the Fitness to Practise Committee considers it is in the public interest for there to be a shorter period.';
(b) in paragraph (3)(h) insert 'subject to paragraph (4),' before 'require the registrant';
(c) in paragraph (3)(l) insert 'subject to paragraph (4),' before 'where the Fitness to Practise Committee is to consider';
(d) after paragraph (3A) insert-

'(4) If the notice of hearing is sent less than 28 days before the date fixed for the hearing, the periods specified in the notice may be shorter than those prescribed in paragraphs (3) (h) and (3)(l).'.

In rule 11A (notice of meeting)-

(a) in paragraph (1), after 'the date the meeting is to be held' insert 'unless-

'(a) the registrant consents to a shorter period being given; or
(b) the Registrar or the Fitness to Practise Committee considers it is in the public interest for there to be a shorter period';
(b) in paragraph (2)(e) insert 'subject to paragraph (3),' before 'invite the registrant';
(c) after paragraph (2) insert-

'(3) If the notice of meeting is sent less than 28 days before the date fixed for the meeting, the period specified in the notice may be shorter than that prescribed in paragraph (2)(e).'.

These sections modify the notice requirements for hearings and meetings.

While the standard notice period remains 28 days, the NMC may provide less notice if the registrant agrees or if the Council determines it is in the public interest to expedite the proceedings.

After rule 17 (interpretation) insert-

' Case management directions

17A. -(1) A Committee or Chair of the Committee may give directions... as to the conduct of the case and for the consequences of failure to comply with such directions ('case management directions')...

(2) Case management directions may be given, varied or set aside-

(a) by the Committee at any hearing or meeting...;
(b) by the Chair at a preliminary meeting...; or
(c) by the Committee, or a legally qualified chair... without a preliminary meeting.

(4) Case management directions are binding on the parties... unless that Committee considers that-

(a) there has been a material change in circumstances; or
(b) it is not in the interests of justice for that to be the case.'.

This introduces formal 'case management directions,' which are binding orders regarding how a legal case should be conducted.

They can be issued by a Committee or a Chair to ensure the efficient progression of a case, and failure to comply may lead to legal consequences such as the refusal of evidence.

After rule 18 (preliminary meetings) insert-

' Legal advice to the Committee

18A. -(1) If the chair is not a legally qualified chair, a legal assessor shall be in attendance to advise the Committee...

(2) If the chair is a legally qualified chair, they shall give legal advice to the Committee and must do so in the presence of every party in attendance at the hearing unless paragraph (3) applies.

(3) The legally qualified chair may advise in the absence of the parties where the Committee-

(a) has begun to deliberate on its decision; and
(b) considers that it would be prejudicial... for that advice to be given in the presence of the parties.'.

This establishes rules for the newly created role of 'legally qualified chair.' It specifies that while these chairs provide legal advice directly to the committee, they must generally do so transparently in the presence of all parties, except during private deliberations.

In rule 34 (service of documents)- ...after paragraph (3)(b) insert-

'(c) being placed on an online account with the Council where the recipient has agreed to accept communications via the account.' ...after paragraph (5) insert- '(6) Where these Rules require a notice to include any documents, the requirement will be met if-
(a) the recipient has agreed to accept communications via an online account...;
(b) the documents are placed on the online account...; and
(c) the notice confirms that the documents have been placed on the online account...'.

This section authorizes the NMC to serve official legal notices and documents to registrants via a digital account.

This method is only permitted if the registrant has explicitly agreed to receive communications in this manner.

Amendment of the Nursing and Midwifery Council (Practice Committees) (Constitution) Rules 2008

In rule 7... after paragraph (1) insert-

'(1A) The Council may appoint panel chairs who meet the qualification requirements for appointment as a legal assessor... to act as legally qualified chairs of the committee of which they are a member.'.

This rule permits the NMC to appoint individuals who have the qualifications of a legal assessor (typically a lawyer of several years' standing) to serve as chairs of its Practice Committees.

This allows the chair to provide legal guidance and manage the committee simultaneously.

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