Nursing and Midwifery Order 2001
What this means for your business
- Applies to
- United Kingdom
- On this page
- 9 compliance obligations, 1 practical guide
What you must do
9 compliance obligations under this legislation.
Insurance 1
Maintain appropriate professional indemnity cover
If you work as a registered nurse, midwife or nursing associate you must have a valid indemnity arrangement – such as an insurance policy or another form of cover – that protects you against any liabilities that may arise from your practice. The cover has to be in place before you start practising and must be kept up‑to‑date, and you may be asked to show proof to the regulator.
Offences and prohibitions 3
Attend childbirth without proper registration
Unlimited fineIf a person who is not a registered midwife or a registered medical practitioner attends a woman in labour – and it is not an emergency or a supervised training situation – they commit an offence. On conviction in the Magistrates' Court the offender faces an unlimited fine. No prison term is prescribed.
False claim of nursing registration/qualification or breach Council requirement
Unlimited fineIf you or someone acting for your business falsely says they are registered as a nurse or midwife, use an unauthorised title, claim nursing or midwifery qualifications they don’t have, cause another person to make such false claims, or fraudulently alter the nursing register, you are committing an offence. The same applies if you fail to follow any requirement set by the Nursing and Midwifery Council or a practice committee. On conviction you face an unlimited fine on summary conviction.
Refuse to attend or produce documents for a Privy Council inquiry
Unlimited fineIf you are served with a summons to attend a Privy Council inquiry about nursing or midwifery matters and you deliberately refuse to go, give evidence, or hand over requested documents, you commit a criminal offence. On conviction in the Magistrates' Court you face an unlimited fine. No prison term is provided for this breach.
Registration and licensing 2
Apply for registration as a nurse or midwife
If you want to be on the nursing or midwifery register you must send a completed application using the Council’s prescribed form, prove you have an approved qualification (normally obtained within the last five years or meet any extra requirements), have appropriate indemnity cover, show you can practise safely and speak English, and pay the fee. The Registrar will then give you a written decision within the statutory time‑limit.
Renew nursing/midwifery registration and keep indemnity cover
You must apply to renew your nursing or midwifery registration before it expires and show you have completed the required CPD, have appropriate indemnity insurance and any extra training if you have not been practising. If you fail to meet these conditions, your registration will lapse and you will have to apply for readmission under the same requirements.
Reporting and filing 3
Provide information to the Nursing & Midwifery Council on request
If you run any nursing or midwifery education, training or competency‑testing institution, you must give the Council any information it reasonably asks for to help it carry out its functions. Refusing to supply reasonable information can lead to the Council withdrawing its approval for your courses or institution.
Provide written representations when notified of an allegation
If the Nursing and Midwifery Council refers an allegation about you or your practice to the Investigating Committee, you must reply in writing within the time limit set in the notice. This lets you put forward your side of the story before any decision is made.
Respond to Council notice on course approval
If the Nursing and Midwifery Council believes your nursing or midwifery training does not meet required standards, it will send you a written notice explaining the concerns. You then have at least one month to submit any observations or comments. Failure to respond may lead to the Council withdrawing approval of your course or institution.
Penalties for non-compliance
3 penalties under this legislation. 3 carry an unlimited fine.
Attend childbirth without proper registration
Unlimited fine
False claim of nursing registration/qualification or breach Council requirement
Unlimited fine
Refuse to attend or produce documents for a Privy Council inquiry
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
74 classified provisions from this legislation.
Duties 27
- Schedule 2 TRANSITIONAL PROVISIONS part
- s.5 Establishment and maintenance of register
- s.7 The register: supplemental provisions
- s.8 Access to register etc.
- s.9 Registration
- s.10 Renewal of registration and readmission
- s.12 Lapse of registration s registration
- s.15 Education and training
- s.17 Information to be given by institutions such institution
- s.18 Refusal or withdrawal of approval of courses, qualifications and institutions it
- s.21 Council’s functions in respect of fitness to practise, ethics and other matters
- s.26 The Investigating Committee allegation which is referred
- s.30 Review of orders by the Fitness to Practise Committee
- s.32 Investigation of allegations: procedural rules hearing
- s.33 Restoration to the register of persons who have been struck off The Committee
- s.34 Legal assessors person
- s.35 Medical assessors person
- s.36 Registrant assessors person
- s.50 Annual reports, statistical reports and strategic plans
- s.51 Finances of the Council
- ... and 7 more duties
Offences and penalties 3
Powers 10
- s.6 Register
- s.16 Visitors
- s.19 Post-registration training
- s.20 Wales
- s.49 Default powers of the Privy Council
- s.54 Supplementary and transitional provisions and extent
- Assessment of necessary knowledge of English Assessment of necessary knowledge of English
- Exercise of Council functions by the Registrar or Exercise of Council functions by the Registrar or officers of the Council
- Exercise of Investigating Committee functions by t Exercise of Investigating Committee functions by the Registrar or officers of the Council
- Temporary annotations with regard to emergencies i Temporary annotations with regard to emergencies involving loss of human life or human illness etc.
Definitions 5
- Schedule 4 INTERPRETATION the 1997 Act adaptation period approved course of education or training
- s.22 Allegations the person concerned
- European qualifications European qualifications reference date
- Schedule 2A VISITING MIDWIVES, AND CERTAIN VISITING NURSES, FROM RELEVANT EUROPEAN STATES
- Schedule 2B Directive 2005/36/EC : European professional card
Exemptions 7
- s.3 The Nursing and Midwifery Council and its Committees
- s.25 Council’s power to require disclosure of information
- s.29 Orders of the Fitness to Practise Committee
- s.37 Appeals against Registrar’s decisions
- s.46 Further provisions
- s.48 Exercise of powers by the Privy Council
- Temporary registration in emergencies involving lo Temporary registration in emergencies involving loss of human life or human illness etc