Explanatory note

This Order, which is made under the Nursing and Midwifery Order 2001, approves Rules made by the Nursing and Midwifery Council which relate to the practice of midwives and their supervision by the Local Supervising Authorities (“LSAs”) which are: in England, Strategic Health Authorities; in Wales, Health Authorities; in Scotland, Health Boards; and in Northern Ireland, Health and Social Services Boards.

Rule 2 contains definitions used in the Rules.

Rule 3 requires a midwife to give notice to each LSA in whose area she intends to practise. (In an emergency a midwife may give notice after she begins practising in an LSA’s area provided she does so within 48 hours). She must subsequently give notice every twelve months by a date specified under rule 4.

Rule 4 requires an LSA to publish the name and address to which notice must be sent under rule 3. The LSA must inform the Nursing and Midwifery Council (in the form and at such frequency as it requires) of notices the LSA receives.

Rule 5 provides that an LSA may, following an appropriate investigation, suspend a midwife from practice where she has been reported to the Council. The LSA must notify both the midwife concerned and the Nursing and Midwifery Council of the suspension.The Practice Committee to which the fitness to practise of the midwife concerned has been referred must consider whether to make an interim suspension order or interim conditions of practice order. An LSA must revoke its suspension of a midwife if an interim suspension order is not made or if such an order is made but subsequently revoked.

Rule 6 sets out the responsibility of a midwife to provide care but, except in an emergency, she may provide only care and treatment which she has been trained to give and must call another appropriate health professional in an emergency or deviation from normal childbirth.

Rule 7 provides that a midwife shall supply or administer only those medicines in respect of which she has received the appropriate training.

Rule 8 provides that a midwife may take part in clinical trials only if there is a protocol approved by a relevant ethics committee.

Rule 9 requires a midwife to keep and preserve records and contains provision as to the form in which they are to be kept. The rule requires a midwife, before she ceases to practise or if she is unable to preserve the records safely, to transfer her records to her employer or an LSA as specified in the rule.

Rule 10 contains requirements a midwife must meet in respect of the monitoring of her standards and inspection of her records, equipment and premises.

Rule 11 requires an LSA to appoint an adequate number of supervisors of midwives and sets out the requirements to be met for appointment as a supervisor. The rule requires a supervisor of midwives to undertake such further study following her appointment as the Nursing and Midwifery Council shall require.

Rule 12 provides that each practising midwife shall have a named supervisor and that they should meet at least once a year to review the midwife’s practice and to identify her training needs. Supervisors are required to keep records of their activities. An LSA shall ensure that every practising midwife in its area has 24 hour access to a supervisor.

Rule 13 requires an LSA to appoint a local supervising authority midwifery officer who will be responsible for exercising its functions in relation to supervision of midwives, including the appointment of supervisors of midwives. A person appointed a local supervising authority midwifery officer must be a practising midwife and meet standards of experience and education set by the Nursing and Midwifery Council.

Rule 14 provides that, where a local supervising authority has concerns about whether a local supervising authority midwifery officer or a supervisor of midwives meets the standards of the Nursing and Midwifery Council, it shall discuss its concerns with the Council.

Rule 15 requires an LSA to publish the name and address of the midwifery officer; the procedure for reporting adverse events relating to midwifery practice or allegations of impaired practice; and the procedure by which it deals with complaints against midwifery officers or supervisors of midwives.

Rule 16 requires an LSA to submit an annual report to the Nursing and Midwifery Council containing the information required by the Council.