Midwives Act, 1944

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Number 10 of 1944.

MIDWIVES ACT, 1944.

ARRANGEMENT OF SECTIONS

PART I .

Preliminary and General.

PART II .

The Central Midwives Board.

PART III .

Midwives.

PART IV .

Restrictions in Relation to Attending Women in Childbirth.

PART V .

Miscellaneous.

PART VI .

Transitory Provisions.

SCHEDULE.

Enactments Repealed.

Number 10 of 1944.

MIDWIVES ACT, 1944.

AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR THE ENROLMENT, CERTIFICATION, CONTROL AND TRAINING OF MIDWIVES AND FOR OTHER PURPOSES RELATING TO MIDWIVES AND THE PRACTICE OF MIDWIFERY. [29th March, 1944.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title and commencement.

1.—(1) This Act may be cited as the Midwives Act, 1944.

(2) This Act shall come into operation on the 1st day of January, 1945.

Definitions.

2.—In this Act—

the expression “the appointed day” means the day on which this Act comes into operation, namely, the 1st day of January, 1945;

the expression “the Board” means the Central Midwives Board established by this Act;

the expression “the former Board” means the Board administering prior to the appointed day the Midwives Acts, 1918 and 1931 (repealed by this Act);

the expression “the former roll” means the roll maintained by the former Board of persons certified under the Midwives Acts, 1918 and 1931 (repealed by this Act);

the expression “local authority” means a local authority for the purposes of the Local Government Act, 1941 (No. 23 of 1941);

the expression “maternity home” has the same meaning as it has in the Registration of Maternity Homes Act, 1934 (No. 14 of 1934);

the expression “medical officer” means a medical superintendent officer of health for a county borough or a county medical officer of health (as may be appropriate);

the word “midwife” means a woman registered in the roll of midwives;

the expression “midwife's badge” means a badge issued by the Board under rules made for the purposes of section 44 of this Act;

the expression “midwife's certificate” means a certificate issued by the Board under section 31 of this Act;

the expression “the Minister” means the Minister for Local Government and Public Health;

the word “prescribed” means prescribed by rules made under this Act;

the expression “proceedings for removal from the roll of midwives” means proceedings instituted under rules made for the purposes of section 25 of this Act;

the expression “the roll of midwives” means the roll maintained by the Board under section 23 of this Act;

the expression “rules made under this Act” means rules made under section 18 of this Act.

The local supervising authority.

3.—Every council of a county and corporation of a county borough shall be the local supervising authority for the purposes of this Act for the district consisting of such county or county borough.

Repeals and revocation.

4.—(1) The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(2) The Central Midwives Board Order, 1923, is hereby revoked.

PART II.

The Central Midwives Board.

Establishment of the Board.

5.—(1) On the appointed day there shall be established by virtue of this section a board to be styled and known as the Central Midwives Board.

(2) The first members of the Board shall be the persons who immediately before the appointed day were the members of the former Board.

(3) The Board shall be a body corporate with perpetual succession and power to sue and be sued in their corporate name and to hold and dispose of land.

Seal of the Board.

6.—(1) The Board shall provide themselves with a seal, and such seal shall be authenticated by the signature of the chairman of the Board or some other member thereof authorised by the Board to act in that behalf and the signature of the secretary or some other officer of the Board authorised by the Board to act in that behalf.

(2) Judicial notice shall be taken of the seal of the Board, and every document purporting to be an instrument made by the Board and to be sealed with the seal (purporting to be authenticated in accordance with this section) of the Board shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.

Number of the members of the Board.

7.—(1) The number of the members of the Board shall be eleven.

(2) If the number of the persons becoming the first members of the Board is less than eleven, the Minister shall, on or as soon as may be after the appointed day, appoint so many persons to be members of the Board as will bring the number of the members of the Board up to eleven and, in making such appointments, the Minister shall have regard to the composition of the Board required by this Act.

Election year.

8.—The election years for the purposes of this Act shall be the years 1949, 1954, 1959, 1964, and so on.

Appointment by the Minister of members of the Board.

9.—(1) Before the 1st day of February in each election year, the Minister shall appoint seven persons to be members of the Board.

(2) Where an appointment is made under this section of persons to be members of the Board—

(a) four of such persons shall be midwives ordinarily resident within the State appointed by the Minister after consultation with such representative nursing organisations as he thinks proper to consult, and

(b) one at least of the remaining three of such persons shall be a registered medical practitioner.

Election of members of the Board.

10.—(1) Before the 1st day of February in each election year, four persons shall be elected to be members of the Board by the registered medical practitioners ordinarily resident within the State.

(2) Every person elected under this section shall be a registered medical practitioner ordinarily resident within the State.

(3) Every election under this section shall be carried out in accordance with regulations made for that purpose by the Minister and the returning officer shall be the chairman, or a person nominated by the chairman, of the Board.

Term of office of members of the Board.

11.—(1) The term of office of a member of the Board shall commence—

(a) in the case of a first member, on the appointed day;

(b) in the case of a member appointed consequent upon the number of the first members being less than eleven, on the day on which he is appointed;

(c) in the case of a member filling a casual vacancy, on the day on which he is co-opted or appointed; and

(d) in every other case, on the 1st day of February in the relevant election year.

(2) The term of office of a member of the Board shall, unless he sooner dies, resigns, or is removed from office, terminate on such 31st day of January in an election year as next follows the commencement of his term of office.

(3) An outgoing or former member of the Board shall be eligible for again becoming a member of the Board.

Resignation of members of the Board.

12.—A member of the Board may resign his office as member of the Board by letter sent by registered post to the Board, and the resignation shall take effect at the commencement of the meeting of the Board held next after the receipt of such letter.

The chairman of the Board.

13.—(1) The Board shall, at their first meeting held after the appointed day and also at their first meeting held after the 31st day of January in every election year, elect one of their members to be chairman of the Board.

(2) Where the office of chairman of the Board becomes vacant otherwise than by the termination of the term of office of a chairman, the Board shall at their next meeting elect one of their members to be chairman of the Board.

(3) Every chairman of the Board shall, unless he sooner dies, resigns the office of chairman, or ceases to be chairman under sub-section (5) of this section, hold office as chairman until such 31st day of January in an election year as next follows his election as chairman.

(4) The chairman of the Board may at any time resign his office as chairman by letter addressed to the Board, and the resignation shall take effect at the commencement of the meeting of the Board held next after the receipt of such letter.

(5) Where the chairman of the Board ceases during his term of office as chairman to be a member of the Board, he shall be disqualified from being and shall forthwith cease to be such chairman.

(6) Where at an election of the chairman of the Board there is an equality of votes for two or more persons, it shall be determined by lot which of those persons shall be chairman of the Board.

Meetings and procedure of the Board.

14.—(1) The Board shall hold at least three meetings in each year and shall also hold such other meetings as may be necessary for the due performance of their functions.

(2) The quorum for a meeting of the Board shall be four.

(3) The chairman of the Board shall act as chairman of every meeting of the Board at which he is present.

(4) If the chairman of the Board is absent from any meeting of the Board or if when any meeting of the Board is held there is no chairman of the Board in office, the members of the Board present shall elect one of themselves to be chairman of the meeting and, where at such election there is an equality of votes for two or more persons, it shall be determined by lot which of those persons shall be chairman of the meeting.

(5) Every question at a meeting of the Board shall be determined by a majority of the votes of the members present and voting on the question and, in case of an equal division of votes, the chairman of the meeting shall have a second or casting vote save where the question is the election of the chairman of the Board.

(6) The Board may act notwithstanding one or more vacancies among their members.

(7) The Board shall pay to each of their members the expenses incurred by him in attending meetings of the Board and the payments shall be in accordance with a scale approved of by the Minister.

(8) Subject to the provisions of this Act, the Board shall regulate, by rules made under this Act, the procedure and business of the Board, and such rules may, in particular, provide for the establishment, functions, and procedure of committees of the Board.

Casual vacancies.

15.—(1) Any vacancy occurring in the membership of the Board by death, resignation, or removal from office shall be filled—

(a) in case the person occasioning the vacancy was elected as a member of the Board, by co-option by the other persons elected as members of the Board, and

(b) in any other case, by appointment by the Minister subject to the like restrictions (if any) as governed the appointment of the member occasioning the vacancy.

(2) Any person co-opted under paragraph (a) of sub-section (1) of this section shall be subsequently regarded for the purposes of that paragraph as a person elected as a member of the Board.

Removal of member of the Board.

16.—The Minister may at any time by order remove any member of the Board from office.

Officers and servants of the Board.

17.—(1) The Board shall appoint such and so many persons to be officers (including a secretary) and servants of the Board as the Board, subject to the consent of the Minister, from time to time think proper and every person so appointed shall be selected by the Board in such manner (if any) as the Minister may direct.

(2) Every officer and servant of the Board shall perform the duties required by the Board or this Act to be performed by him and shall be removable at the pleasure of the Board.

(3) The Board shall pay to their officers and servants such remuneration and allowances as the Board, with the consent of the Minister, from time to time determine.

(4) The Board may, with the consent of the Minister, grant to any of their officers and servants on his leaving the service of the Board an annual allowance for life or a gratuity.

Power to make rules.

18.—(1) The Board may make rules

(a) in relation to any matter or thing referred to in this Act as the subject matter of rules, and

(b) generally for carrying this Act into effect,

and any rules so made may prescribe forms to be used on the occasions specified therein.

(2) Rules under this section shall not have effect unless and until they are approved of by the Minister and the Minister shall not give any such approval save after consultation with the Medical Registration Council.

(3) It shall be the duty of the Board to communicate to the Medical Registration Council any rules proposed to be made under this section.

Annual report by the Board to the Minister.

19.—Before the 1st day of April in each year, the Board shall send to the Minister a report of their proceedings during the preceding year and such report shall contain such particulars as the Minister directs.

Contingency fund.

20.—(1) The Board may create a contingency fund and may make such payments into that fund as from time to time they think proper.

(2) The Board may make any particular payment into the fund created under this section notwithstanding that the making of the payment will result in or increase a balance against the Board in the abstract, prepared in pursuance of section 21 of this Act, relating to the year in which the payment is made.

(3) The Board may invest the moneys in the fund created under this section in any securities authorised for the investment of trust funds.

(4) The Board may use the fund created under this section to meet contingencies.

(5) The maximum amount allowed to stand at any time to the credit of the fund created under this section shall be six hundred pounds.

Accounts of the Board and audit thereof.

21.—(1) The Board shall cause accounts of the receipts and payments (including payments made to the contingency fund created under section 20 of this Act) of the Board to be kept in such form as the Minister directs or approves.

(2) The accounts of the Board shall be made up annually to the 31st day of December.

(3) The accounts of the Board shall be audited by a local government auditor appointed from time to time by the Minister for that purpose.

(4) The Minister shall determine the fee to be paid by the Board in respect of an audit under this section and the fee so determined shall be paid by the Board to the Minister and shall thereupon be paid into or disposed of by him for the benefit of the Exchequer in such manner as the Minister for Finance directs.

(5) The Board shall prepare an abstract of the accounts of the Board relating to each year in such form as the Minister directs or approves and such abstract shall be certified to be correct by the local government auditor auditing such accounts.

(6) The Board shall—

(a) keep copies of an abstract prepared in pursuance of sub-section (5) of this section available for purchase or inspection, and

(b) publish a certificate given in pursuance of sub-section (5) of this section,

in such manner as the Minister directs or approves.

Payments by local supervising authorities to the Board.

22.—Where the abstract prepared in pursuance of section 21 of this Act of the accounts of the Board relating to any year shows a balance against the Board, the following provisions shall have effect, that is to say:—

(a) the Board, with the consent of the Minister, shall apportion such balance between the local supervising authorities in proportion to the totals of the rateable valuations of property situate in their respective districts;

(b) the Board shall send by post to each local supervising authority a notice specifying the amount assigned to such local supervising authority on the apportionment;

(c) such local supervising authority shall pay to the Board one-fourth of the amount so specified within one month after the receipt of the notice and shall pay to the Board the balance of such amount within three months after the receipt of the notice; and

(d) if such local supervising authority fails to make either or both of such payments, the amount due shall be recoverable by the Board as a simple contract debt in any court of competent jurisdiction.

PART III.

Midwives.

The roll of midwives.

23.—(1) The Board shall maintain a roll of midwives.

(2) The Board shall publish the roll of midwives at such times and in such manner as the Minister directs.

(3) The former roll shall, upon the appointed day, become the roll of midwives.

(4) The Board shall cause—

(a) any verbal or clerical errors in the roll of midwives to be rectified,

(b) any entry in the roll of midwives procured by fraud or misrepresentation to be cancelled,

(c) any change in the address of a woman registered in the roll of midwives to be noted therein,

(d) to be removed from the roll of midwives the name of any woman registered therein where they are satisfied that she has died or where they do not receive an answer to a letter sent to her under sub-section (6) of this section within six months after it is sent.

(5) It shall be the duty of a midwife to notify the Board of any change in her name or address.

(6) The Board may send by registered post to any midwife a letter, addressed to her address as stated on the roll of midwives, inquiring whether she has changed her name or address.

(7) The secretary of the Board, acting subject to the directions of the Board, shall be charged with the custody and correction of the roll of midwives.

Registration in the roll of midwives.

24.—(1) The Board shall register in the roll of midwives every woman who—

(a) applies in the prescribed manner for registration therein, and

(b) has completed the prescribed courses of training, and

(c) has passed the prescribed examinations, and

(d) satisfies the Board that she is of good character, and

(e) forwards with her application the prescribed fee and the prescribed documents.

(2) Where any woman applies to the Board for registration in the roll of midwives and—

(a) such woman shows to the satisfaction of the Board—

(i) that she is certified by any controlling authority exercising jurisdiction outside the State under any enactment for the time being in force which provides for the certification by such controlling authority of persons entitled to attend women in childbirth, and

(ii) that she has undergone, for the purpose of being so entitled, training and examination of a standard not lower than that adopted by the Board, and

(iii) that she is of good character, and

(b) the Board are satisfied that such controlling authority certifies or is prepared to certify women registered under this Act on reciprocal terms, and

(c) such woman forwards with her application the prescribed fee,

the Board shall register such woman in the roll of midwives.

(3) Notwithstanding anything contained in the foregoing sub-sections of this section, the Board shall not register in the roll of midwives any woman whom the Board consider to be physically, or mentally, unfit to attend women in childbirth and, for the purposes of this sub-section, the Board may require an applicant for registration in the roll of midwives to produce such evidence of her physical and mental fitness as they may direct.

(4) If any question arises under the foregoing sub-sections of this section as to the right of any woman to be registered in the roll of midwives, such question shall be determined by the Minister, whose decision shall be final.

Removal from the roll of midwives.

25.—(1) The Board may, in accordance with rules made under this Act, remove the name of any midwife from the roll of midwives.

(2) The rules made for the purposes of this section shall, in particular, provide that, where it is proposed to remove the name of any midwife from the roll of midwives, proceedings in that behalf shall be instituted before the Board and that in those proceedings the defendant shall have the opportunity of answering the allegations made against her.

(3) The name of a midwife shall not be removed from the roll of midwives save where the Board are satisfied as a result of proceedings for removal from the roll of midwives that—

(a) the midwife has been guilty of conduct which in the opinion of the Board is infamous misconduct or professional misconduct, or

(b) the midwife has been convicted in the State of treason or of a felony or misdemeanour or has been convicted outside the State of a crime or offence which would be a felony or misdemeanour if committed in the State, or

(c) has been convicted of an offence under this Act, or

(d) has disobeyed the rules made by the Board under this Act, or

(e) is physically or mentally unfit to attend women in childbirth.

(4) The Board shall give notice of every removal under this section of a name from the roll of midwives to every local supervising authority concerned and to the Minister.

(5) The Board may, if they so think proper, pay all or any part of the costs and expenses incurred by the defendant in relation to any proceedings for removal from the roll of midwives.

(6) The Board shall supply free of charge any form to be filled up by the defendant in any proceedings for removal from the roll of midwives, together with a properly stamped envelope for the return of such form.

Caution, reprimand or suspension from practice in lieu of removal from the roll of midwives.

26.—(1) In any proceedings for removal from the roll of mid-wives, the Board may, in lieu of removal, caution or reprimand the defendant or suspend her from practice for a specified period not exceeding twelve months.

(2) The Board shall give notice of every caution, reprimand, and suspension under this section to every local supervising authority concerned and to the Minister.

(3) If any midwife practises in contravention of a suspension under this section, she shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

Evidence in proceedings for removal from the roll of midwives.

27.—(1) In any proceedings for removal from the roll of midwives—

(a) the Board may take evidence on oath and for that purpose the presiding member of the Board may administer oaths, and

(b) the Board may accept a statutory declaration as evidence.

(2) Where in proceedings for removal from the roll of midwives, the Board accept a statutory declaration as evidence, a copy of the declaration shall be given to the defendant not less than ten days before the hearing and she shall be entitled to require the Board to secure the attendance of the declarant for examination at the hearing.

(3) The Board may, by giving, either personally or by post, written notice in that behalf to any person, require such person to attend on the day (being at least seven days after the day on which the notice is given) and at the time and place specified in the notice to give evidence in relation to any matter arising in any proceedings for removal from the roll of midwives or to produce any documents in his possession, custody, or control which relate to any such matter.

(4) A person giving evidence at any proceedings for removal from the roll of midwives shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

(5) It shall not be necessary for a person to attend in compliance with a notice under this section at a place more than ten miles from his ordinary place of residence unless the reasonable and necessary expenses of his attendance have been paid or tendered to him by the Board.

(6) Any person who in compliance with a notice under this section attends at any place shall, save in so far as the reasonable and necessary expenses of his attendance have already been paid to him, be paid such expenses by the Board and such expenses, save as aforesaid, shall, in default of payment, be recoverable as a simple contract debt in any court of competent jurisdiction.

(7) Subject to the provisions of sub-section (5) of this section, every person to whom a notice has been given under this section who refuses or wilfully neglects to attend in accordance with the notice, or who wilfully alters, suppresses, conceals, or destroys any document to which the notice relates, or who, having so attended, refuses to take the oath or to give evidence, or refuses or wilfully fails to produce any document to which the notice relates, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Appeals from decisions of the Board.

28.—(1) Where by the decision of the Board in any proceedings for removal from the roll of midwives, the name of the defendant is removed from the roll of midwives or the defendant is suspended from practice, the defendant may appeal from the decision of the Board either to the High Court or the Minister (but not to both) within three months after the notification to her of such decision.

(2) The decision of the High Court or the Minister (as the case may be) on an appeal under this section shall be final.

(3) Where an appeal under this section is successful—

(a) in the case of an appeal to the High Court, the court may award costs against the Board, and

(b) the Board shall give notice of the result of the appeal to every local supervising authority concerned and (where the appeal was to the High Court) to the Minister, and

(c) where the decision appealed against was a decision removing a name from the roll of midwives, the name shall be restored to the roll of midwives, and

(d) where the decision appealed against was a decision either removing a name from the roll of midwives or suspending a midwife from practice, the Board may, if they so think fit, pay to the appellant such sum as they consider reasonable compensation for any loss of practice sustained by her between the decision of the Board and the determination of the appeal or, where the appellant was suspended from practice by the Board on the institution of the proceedings before the Board, between the institution of the proceedings and the determination of the appeal.

Restoration to the roll of midwives.

29.—The Board may, in accordance with rules made under this Act and on payment of the prescribed fee (if any), restore to the roll of midwives for any reason which they consider sufficient the name of any woman whose name has been removed therefrom.

Employment in maternity home.

30.—(1) The Board may, on removing the name of any midwife from the roll of midwives, direct that she shall not be in employment in any capacity in a maternity home.

(2) A woman to whom a direction under this section relates shall not, so long as her name remains removed from the roll of midwives, be in employment in any capacity in a maternity home.

(3) A woman who is in employment in contravention of sub-section (2) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

Midwives certificates.

31.—(1) The Board shall issue to every woman who becomes a midwife or whose name is restored to the roll of midwives a certificate certifying that she is registered in the roll of midwives.

(2) Where the Board, on the application of a midwife, are satisfied that her midwife's certificate has been destroyed, the Board may issue to her a new certificate certifying that she is registered in the roll of midwives.

(3) Where the Board remove the name of any midwife from the roll of midwives, she shall, within fourteen days after the notification to her of the decision of the Board, return her midwife's certificate to the Board for cancellation, and, if she fails to do so, she shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(4) Where a midwife dies, the person having custody of her midwife's certificate shall, within fourteen days after her death, return the certificate to the Board for cancellation, and, if such person fails to do so, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(5) In a prosecution for an offence under this section, it shall be a good defence if it is shown to the satisfaction of the court that there was reasonable cause for the failure of the defendant to comply with the requirement to which the prosecution relates.

Suspension from practice pending decision in proceedings for removal from the roll of midwives.

32.—(1) Where any proceedings for removal from the roll of midwives are instituted, the Board may, in accordance with rules made under this Act, suspend the defendant from practice until the decision of the Board is given in such proceedings.

(2) The Board shall give notice of every suspension from practice under this section to every local supervising authority concerned and to the Minister.

(3) Where any proceedings for removal from the roll of midwives are dismissed by the Board and the defendant was suspended from practice by the Board under this section pending the decision of the Board, the Board may, if they so think fit, pay to the defendant reasonable compensation for any loss of practice sustained by her during the suspension.

(4) If any midwife practises in contravention of a suspension under this section she shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

Investigation of charges by local supervising authority.

33.—A local supervising authority shall investigate every charge of disobeying the rules of the Board or of other misconduct reported to them against a midwife practising in their district and if, consequent upon such investigation, they consider that there is a prima facie case against the midwife, they shall report to the Board accordingly.

Suspension from practice consequent upon charge reported to Board.

34.—(1) Where a report is made under the next preceding section in relation to any midwife, the local supervising authority concerned may, in accordance with rules made under this Act, suspend the midwife until proceedings for the removal of her name from the roll of midwives have been instituted or it has been decided that such proceedings shall not be instituted.

(2) Notice of every suspension from practice under this section shall be given to the Board and to the Minister.

(3) Where any proceedings for removal from the roll of midwives terminate in favour of the midwife and the midwife was suspended from practice under this section prior to the institution of such proceedings, or where it has been decided, in a case where a midwife is suspended from practice under this section, that proceedings for the removal of her name from the roll of midwives shall not be instituted, the local supervising authority may, if they so think fit, pay to the midwife reasonable compensation for any loss of practice sustained by her during the suspension.

(4) If any midwife practises in contravention of a suspension under this section, she shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

Suspension from practice to prevent spread of infection.

35.—(1) A local supervising authority shall, in accordance with rules made under this Act, suspend from practice any midwife practising in their district whenever they are of opinion that it is necessary to do so for the purpose of preventing the spread of infection.

(2) Where a local supervising authority suspends under this section a midwife from practice, such local supervising authority may, if they so think fit, pay to her reasonable compensation for her loss of practice.

(3) If any midwife practises in contravention of a suspension under this section, she shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

Suspension from practice consequent upon proceedings in respect of offence.

36.—(1) A local supervising authority may, in accordance with rules made under this Act, suspend from practice any midwife practising in their district against whom proceedings in the District Court in respect of any offence under this Act have been instituted until such proceedings have been finally determined.

(2) Where a local supervising authority suspend under this section a midwife from practice and the proceedings on account of which she was suspended terminate in her favour, such local supervising authority may, if they so think fit, pay to such midwife reasonable compensation for her loss of practice.

(3) If any midwife practises in contravention of a suspension under this section, she shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

General supervision by local supervising authority.

37.—A local supervising authority shall, in accordance with rules made under this Act, exercise general supervision over the midwives practising in their district.

Rules for courses of training and examinations for candidates for registration in the roll of midwives.

38.—The Board may, by rules made under this Act, make provision for the courses of training and examinations to be taken by candidates for registration in the roll of midwives and such rules may, in particular, provide—

(a) for the keeping by the Board of a register of the candidates and for the conditions to which registration in such register shall be subject, and

(b) for the approval by the Board for the purposes of such rules of lecturers and teachers and of institutions in which the courses of training may be taken, and

(c) for the conditions of admission to the examinations, and

(d) for the granting of certificates to persons taking the courses of training and passing the examinations.

Rules for courses of training and examinations for midwives.

39.—The Board may, by rules made under this Act, make provision for courses of training and examinations for midwives and for the granting to midwives taking such courses and passing such examinations, of certificates or diplomas and such rules may, in particular, provide—

(a) for the approval by the Board for the purposes of such rules of lecturers and teachers and of institutions in which the courses of training may be taken, and

(b) for the conditions of admission to the examinations.

Holding of examinations, etc.

40.—(1) The Board may hold the examinations provided for by rules made under this Act and may, by such rules, regulate the conduct of such examinations.

(2) The examiners (none of whom shall be a member of the Board) at every examination held under this section shall be appointed by the Board, shall hold such qualifications and have such experience in midwifery as the Board think proper, and shall be remunerated in accordance with a scale fixed by the Board with the approval of the Minister.

(3) An entrant for an examination held under this section shall pay to the Board the prescribed fee (which shall not exceed one guinea) in respect of that examination.

Designation of midwives.

41.—A midwife may add to her name the designation “State Certified Midwife”.

Restrictions in relation to the title of midwife.

42.—(1) It shall not be lawful for any person other than a woman registered in the roll of midwives to take or use the name or title of midwife, either alone or in combination with any other word or words, or to take or use any name, title, addition, or description implying that such person is registered in the roll of midwives or, save in the case of a registered medical practitioner, implying that such person is specially qualified or recognised by law as a practitioner of midwifery.

(2) Any person acting in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

Regulation of practice of midwifery by midwives, etc.

43.—The Board shall by rules made under this Act, regulate supervise, and restrict within due limits the practice of midwifery by midwives and the conduct of midwives.

Midwives' badges.

44.—(1) The Board shall, by rules made under this Act, provide for the issue by the Board to midwives of badges denoting that the wearers are midwives.

(2) Rules for the purposes of this section may, in particular, make provision in respect of the following matters, that is to say:—

(a) the pattern of midwives' badges;

(b) the fee to be paid to the Board on the issue of a midwife's badge; and

(c) the circumstances in which a new midwife's badge may be issued in lieu of a midwife's badge lost, damaged, or destroyed.

(3) Whenever rules for the purposes of this section are for the time being in force, the following provisions shall have effect, that is to say:—

(a) it shall not be lawful for any person other than the midwife to whom a midwife's badge is issued to wear such badge;

(b) it shall not be lawful for any person to whom a midwife's badge is issued to lend the badge to, or permit the badge to be worn by, any other person;

(c) it shall not be lawful for any person to wear a colourable imitation of a midwife's badge;

(d) where the name of any midwife to whom a midwife's badge has been issued is removed from the roll of midwives, she shall within fourteen days from the notification to her of the removal surrender the badge to the Board;

(e) where the name of any woman who has surrendered her midwife's badge under paragraph (d) of this sub-section is restored to the roll of midwives, the Board shall return the badge to her; and

(f) where a midwife to whom a midwife's badge has been issued dies, the person having custody of the badge shall return it to the Board within fourteen days after death.

(4) If any person contravenes (whether by act or omission) any of the provisions of the immediately preceding sub-section of this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(5) In a prosecution for an offence consisting of a contravention of paragraph (d) or paragraph (f) of sub-section (3) of this section, it shall be a good defence if it is shown to the satisfaction of the court that there was reasonable cause for the failure of the defendant to comply with the requirement to which the prosecution relates.

Notices to be given to local supervising authority by midwives.

45.—(1) Where any midwife proposes to start practising in the district of any local supervising authority, she shall give notice to such local supervising authority of such proposal and of her residence.

(2) Where any midwife who has practised in the district of a local supervising authority during any year proposes to continue practising in that district during the next following year, she shall, during the month of January in the latter year, give notice of such proposal to such local supervising authority.

(3) Where any midwife attends any woman in childbirth in a district of a local supervising authority in which she does not ordinarily practise, she shall immediately give notice of the attendance to such local supervising authority, or if she is unable to give such notice immediately, shall give it not later than forty-eight hours after the attendance.

(4) Where any practising midwife changes her name or address, she shall give notice of such change to every local supervising authority within whose district she is practising.

(5) In addition to the notices specified in the foregoing sub-sections of this section, a midwife shall give to the local supervising authority for every district in which she practises such other notices as are specified in rules made under this Act.

(6) Every notice under this section shall be given in accordance with and in the form specified by rules made under this Act and, if any midwife fails to give as aforesaid any such notice, she shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Medical assistance in case of emergency.

46.—(1) Where a midwife attends at a childbirth in which any emergency specified in rules made under this Act occurs, she shall call in to her assistance in accordance with such rules a registered medical practitioner.

(2) Where a midwife calls in to her assistance under this section a registered medical practitioner she shall forthwith report the nature of the emergency and the name of the practitioner to the local supervising authority for the district in which the practitioner attended.

(3) Where a registered medical practitioner has, in response to a call made by a midwife under this section, attended in any emergency, the practitioner may report the nature of the emergency to the local supervising authority for the district in which he attended and thereupon such local supervising authority shall pay to the practitioner the appropriate fee.

(4) Notwithstanding anything contained in sub-section (3) of this section, where a registered medical practitioner who, in response to a call made by a midwife under this section, has attended in an emergency is a medical officer for a dispensary district and the patient is a person eligible for medical assistance under the Public Assistance Act, 1939 (No. 27 of 1939), and resides in the district of such medical officer, no fee shall be payable under the said sub-section.

(5) If for the purposes of sub-section (4) of this section, any doubt, dispute, or question arises as to whether a person is or is not a person eligible for medical assistance under the Public Assistance Act, 1939 , such doubt, dispute, or question shall be decided by the relevant public assistance authority, and such decision shall be final.

(6) Where a local supervising authority pays under this section a fee for the attendance of a registered medical practitioner, the husband or other person responsible for the patient shall, unless the patient is a person eligible for medical assistance under the Public Assistance Act, 1939 , pay the amount of the fee to the local supervising authority, and such amount shall, in default of payment, be recoverable as a simple contract debt in any court of competent jurisdiction.

(7) The Minister may by regulations specify the fees to be paid under this section to registered medical practitioners and may by such regulations specify conditions governing the payment of such fees.

(8) Nothing in sub-section (1) of this section or any rules made for the purposes of that sub-section shall be construed as preventing the Minister from requiring a midwife of a dispensary district, when calling in to her assistance under this section a registered medical practitioner, to call in the medical officer of such district, if he is available.

(9) In this section—

the expression “dispensary district” means a dispensary district for the purposes of the Public Assistance Act, 1939 ;

the expression “the appropriate fee” means such fee (if any) as is, in the particular case in question, appropriate in accordance with the regulations made under sub-section (7) of this section.

Attendance of midwives at courses of instruction.

47.—(1) The Board may, by rules made under this Act, require midwives to attend from time to time such courses of instruction as may be approved of by the Board or provided or arranged by them.

(2) Rules for the purposes of this section shall provide that a midwife employed by a local authority shall not be required to attend any course of instruction to which the rules relate except in accordance with the arrangements made by the local authority in pursuance of sub-section (3) of this section.

(3) A local authority by whom a midwife is employed shall, in accordance with such directions as the Minister may give from time to time,—

(a) grant leave of absence to the midwife to attend any course of instruction to which rules for the purposes of this section relate, and

(b) pay a substitute for the midwife during the attendance, and

(c) pay to the midwife travelling expenses in respect of the attendance (including subsistence allowance during the period of the attendance) in accordance with the relevant regulations under sub-section (1) of section 19 of the Local Government Act, 1941 (No. 23 of 1941), and any relevant authorisation under sub-section (3) of that section in like manner as if the attendance was part of the official duties of the midwife.

PART IV.

Restrictions in Relation to Attending Women in Childbirth.

Restrictions in relation to attending women in childbirth.

48.—(1) It shall not be lawful for any person to attend a woman in childbirth unless—

(a) such person is a midwife, or

(b) such person is a duly qualified medical practitioner, or

(c) such person, being a person undergoing training with a view to becoming a duly qualified medical practitioner or a midwife, gives such attention as part of a course of practical instruction in midwifery recognised by the Medical Registration Council or the Board, or

(d) such attention is given, otherwise than for reward, in a case of sudden or urgent necessity where neither a midwife nor a duly qualified medical practitioner is immediately available.

(2) If any person acts in contravention of this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

PART V.

Miscellaneous.

Contribution by local supervising authority to cost of training midwives.

49.—A local supervising authority may, in such manner and to such extent as the Minister approves, contribute to the cost of the training of candidates for midwives' certificates, whether such training takes place within their district or elsewhere.

Annual report by medical officer of local supervising authority.

50.—The medical officer of a local supervising authority shall, before the 1st day of April in each year, prepare a report on the administration in the district of such authority during the preceding year of this Act and shall send copies of such report to the Board and to the Minister.

Report to the Board of death of midwife, etc.

51.—(1) A local supervising authority shall report to the Board—

(a) the death of any midwife practising in the district of such local supervising authority;

(b) every change in the name or address of a midwife so practising; and

(c) every conviction of an offence under this Act of a midwife so practising.

(2) A local supervising authority shall, in the month of February in each year, send to the Board a statement of the name and address of every midwife who during the month of January in that year has given to such authority a notice under sub-section (1) or sub-section (2) of section 45 of this Act.

Supply of forms by local supervising authority.

52.—Save as otherwise provided by this Act, every form to be used by a midwife shall be supplied to her free of charge by the local supervising authority concerned, together with, where the form is to be returned by post, a properly stamped envelope.

Proof of woman being or not being a midwife.

53.—A certificate purporting to be signed by the secretary of the Board or any other person authorised by the Board to sign on his behalf that any woman was or was not on a specified date a midwife shall be received in all courts without further proof as prima facie evidence of the matters which it certifies.

Powers of entry and inquiry of officers of local supervising authorities.

54.—Any officer of a local supervising authority, authorised by such authority to exercise the powers conferred by this section, may at all reasonable times enter any maternity home which is situated in the district of such authority and may there make all such inquiries as he thinks proper for the purposes of the enforcement of this Act, and if any person wilfully obstructs any such officer in making such entry or wilfully refuses to answer any such inquiry to the best of his ability, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Power of local supervising authority to act by their medical officer.

55.—Save as regards the granting of any authority under the next preceding section or the payment of any moneys, where any power is conferred or any duty imposed by this Act on a local supervising authority, the power may be exercised or the duty performed by such local supervising authority or, subject to their instructions, by their medical officer.

Expenses of local supervising authority which is council of a county.

56.—The expenses incurred under this Act by a local supervising authority which is the council of a county shall be raised by means of the poor rate equally over the whole of the county.

Expenses of Minister.

57.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART VI.

Transitory Provisions.

Property, etc., of former Board.

58.—(1) All property, whether real or personal (including choses-in-action) which immediately before the appointed day was vested in or belonged to or was held in trust for the former Board or the members thereof as such and all rights, powers, and privileges relating to or connected with any such property shall, on the appointed day and without any conveyance or assignment, become and be vested in or the property of or held in trust for the Board for all the estate, term, or interest for which the same immediately before the appointed day was vested in or belonged to or was held in trust for the former Board or the members thereof as such.

(2) Every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which immediately before the appointed day was owing and unpaid or has been incurred and was undischarged by the former Board or the members thereof as such shall, on the appointed day, become and be the debt or liability of the Board and shall be paid or discharged by and may be recovered from or enforced against the Board.

(3) Every chose-in-action transferred by this section may be sued upon, recovered, or enforced by the Board in their own name, and it shall not be necessary for the Board to give notice to the person bound by such chose-in-action of the transfer effected by this section.

Proceeding by and against former Board.

59.—Any proceedings instituted by or against the former Board or the members thereof as such which were pending immediately before the appointed day may be continued by or against and in the name of the Board and, in particular, any proceedings for the removal of the name of any woman from the former roll which were pending immediately before the appointed day shall become and shall be continued as proceedings under this Act for the removal of the name of such woman from the roll of midwives.

Officers of former Board.

60.—Every person who immediately before the appointed day was a paid officer of the former Board shall on the appointed day be transferred to and become an officer of the Board.

Women registered in the former roll.

61.—(1) The registrations in the former roll immediately before the appointed day shall, on the appointed day, become the first registrations in the roll of midwives.

(2) The certificate and badge issued by the former Board to a woman who, immediately before the appointed day, stood registered in the former roll shall, on and from the appointed day, be deemed for all purposes to be a midwife's certificate and a midwife's badge.

Relief for women whose names were removed from former roll.

62.—Where the Board become of opinion that the right to attend women in childbirth should be restored to any woman whose name stood, immediately before the appointed day, removed from the former roll, the Board may register her in the roll of midwives and so much of this Act and the rules made under this Act as relate to the restoration of a name to the roll of midwives shall have effect in relation to such registration.

Continuation of rules of former Board.

63.—Until rules are made in regard to any particular matter by the Board under this Act, the rules made by the former Board shall, as regards that matter and subject to any necessary modifications, have effect as if duly made by the Board under this Act.

Report of proceedings of former Board.

64.—As soon as may be after the appointed day, the Board shall send to the Minister a report of the proceedings of the former Board during the year 1944 and the report shall contain such particulars as the Minister directs.

Statement of receipts and expenditure of former Board, etc.

65.—(1) As soon as may be after the appointed day, the Board shall publish a statement of the receipts and expenditure, including liabilities, during the year 1944 of the former Board and such statement shall be certified as correct by a local government auditor to be appointed for that purpose by the Minister.

(2) If the statement published by the Board under this section shows a balance against the former Board, section 22 of this Act (which relates to payments by local supervising authorities to the Board) shall apply in relation to such balance in like manner as if it were such a balance as is mentioned in that section.

(3) The Board shall send a copy of the statement published under this section to the Minister.

(4) The Minister shall determine the fee to be paid by the Board in relation to the certification in pursuance of this section by a local government auditor of the statement published under this section and the fee so determined shall be paid by the Board to the Minister and shall thereupon be paid into or disposed of by him for the benefit of the Exchequer in such manner as the Minister for Finance directs.

SCHEDULE.

Enactments Repealed.