S.I. No. 9/1923 - Central Midwives Board Order, 1923.

1923. No. 9.

CENTRAL MIDWIVES BOARD ORDER, 1923.

WHEREAS by Section 7 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922), the Executive Council is empowered to establish by order boards of commissioners to exercise in Saorstát Eireann the functions which were on the 6th day of December, 1921, exercisable in the area now comprised in Saorstát Eireann by any statutory board of commissioners or other statutory body to which the said section applies and which was in existence on the date aforesaid and had jurisdictions, powers, and duties extending to the whole of the late United Kingdom or to any part thereof which included the area now comprised in Saorstát Eireann.

AND WHEREAS it is provided by the said Section 7 that whenever the Executive Council establishes under that section any board of commissioners, the Executive Council shall by the Order establishing such board apply to such board with such adaptations and modifications as may be necessary, the several British statutes regulating the boards of commissioners or other body or bodies whose, or any of whose, jurisdictions, powers, or duties are by such Order conferred or imposed on such boards :

AND WHEREAS the said Section 7 applies to any statutory board of commissioners or other statutory board or body exercising any function of government or discharging any public duties in relation to public administration :

AND WHEREAS the Central Midwives Board for Ireland is a Statutory Board of Commissioners exercising functions of government or discharging public duties in relation to public administration and was in existence on the 6th day of December, 1921, and had jurisdiction, powers, and duties extending to the whole of Ireland :

AND WHEREAS it is necessary to make provisions for the exercise in Saorstát Eireann of the functions which were on the 6th day of December, 1921, exercisable by the Central Midwives Board for Ireland in the area now comprised in Saorstát Eireann :

NOW THE EXECUTIVE COUNCIL, in exercise of the several powers conferred on them by the said Section 7 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922), and of every and any other power them in this behalf enabling do hereby order as follows :—

1. This Order may for all purposes be cited as the " Central Midwives Board Order, 1923 " (No. 9 of 1923).

2. In this order the expression " British Statute " means Act of Parliament of the late United Kingdom of Great Britain and Ireland which was on the 6th day of December, 1922, in force in the area now comprised in Saorstát Eireann.

3. The Interpretation Act, 1889, applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

4. A Board of Commissioners to be called and known as the Central Midwives Board, hereinafter referred to as " the Board, " is hereby established to exercise in Saorstát Eireann all the functions which were on the 6th day of December, 1921, exercisable in the area now comprised in Saorstát Eireann by the Central Midwives Board for Ireland.

5. (i) During the period up to the first day of February, 1924, the Board shall consist of eight Commissioners who shall be appointed by the Minister for Local Government and removable only by the Minister for Local Government.

(ii) From and after the first day of February, 1924, the Board shall be composed of :—

(a) Three persons appointed by the Minister for Local Government, of whom at least one shall be a registered Medical Practitioner.

(b) Four registered medical practitioners to be elected by the registered medical practitioners resident in Saorstát Eireann.

(c) Four women (hereinafter referred to as the Midwives' representatives), to be appointed by the Minister for Local Government after consultation with recognised nursing associations in Saorstát Eireann.

6. All the jurisdictions, powers, and duties which on the 6th day of December, 1921, were conferred or imposed by law on the Central Midwives Board for Ireland and were exercisable or to be performed within the area now comprised in Saorstát Eireann are hereby respectively conferred and imposed on the Board.

7. Every mention or reference contained in any British Statute of or to the Central Midwives Board for Ireland shall, so far as the same is not inconsistent with the provisions of this Order, be construed and take effect as a mention of or reference to the Board.

8. The Midwives (Ireland) Act, 1918, shall be construed and take effect with the following adaptations and modifications in addition to the adaptations and modifications made therein by Article 7 of this Order and by the Adaptation of Enactments Act, 1922 , that is to say:—

(a) The expression " Minister for Local Government " shall be substituted for the expression " Privy Council " wherever that expression occurs, and

(b) The expression " Midwives' Representatives " shall have the same meaning as in this Order, and

(c) In sub-section (2) and (3) of Section 3 of the said Act the expression " first day of February, nineteen hundred and twenty-four " shall be substituted for the expression " first day of February nineteen hundred and twenty- three " wherever that expression occurs in those sub- sections, and

(d) In sub-section (5) of the said Section 3, the expression " the Secretary to the Ministry for Local Government " shall be substituted for the expression " Vice-President of the Local Government Board."

Dublin.

This 22nd day of June, 1923.