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The Nursing and Midwifery Order 2001

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PART IXOFFENCES

Offences

44.  (1)  A person commits an offence if with intent to deceive (whether expressly or by implication)—

(a)he falsely represents himself to be registered in the register, or a particular part of it or to be the subject of any entry in the register;

(b)he uses a title referred to in article 6(2) to which he is not entitled;

(c)he falsely represents himself to possess qualifications in nursing or midwifery.

(2) A person commits an offence if—

(a)with intent that any person shall be deceived (whether expressly or by implication) he causes or permits another person to make any representation about himself which, if made by himself with intent to deceive, would be an offence under paragraph (1); or

(b)with intent to deceive, he makes with regard to another person any representation which—

(i)is false to his own knowledge, and

(ii)if made by the other person with that intent would be an offence by him under paragraph (1).

(3) A person who fraudulently procures, or tries to procure, the making, amendment, removal or restoration of an entry in the register, is guilty of an offence.

(4) A person who, without reasonable excuse, fails to comply with any requirement imposed by—

(a)the Council, or

(b)a Practice Committee

under article 25(1) or (2) or rules made by virtue of article 32(2)(m) or under any corresponding rule made by virtue of article 26, 33 or 37 is guilty of an offence.

(5) A person guilty of an offence under this article shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Attendance by unqualified persons at childbirth

45.  (1)  A person other than a registered midwife or a registered medical practitioner shall not attend a woman in childbirth.

(2) Paragraph (1) does not apply—

(a)where the attention is given in a case of sudden or urgent necessity; or

(b)in the case of a person who, while undergoing training with a view to becoming a medical practitioner or to becoming a midwife, attends a woman in childbirth as part of a course of practical instruction in midwifery recognised by the Council or by the General Medical Council.

(3) A person who contravenes paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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