MIDWIVES ACT, 1931

AN ACT TO AMEND SUB-SECTION (2) OF SECTION 1 OF THE MIDWIVES (IRELAND) ACT, 1918, AND TO PROVIDE FOR THE ISSUE OF BADGES TO MIDWIVES. [31st July, 1931.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1 Definitions.

1.—In this Act—

the expression “the Principal Act” means the Midwives (Ireland) Act, 1918;

the expression “the Board” means the Central Midwives Board established by the Central Midwives Board Order, 1923, made on the 22nd day of June, 1923, by the Executive Council under section 7 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922);

the word “midwife” means a woman who is certified under the Principal Act.

2 Amendment of sub-section (2) of section 1 of the Principal Act.

2.—(1) Sub-section (2) of section 1 of the Principal Act is hereby repealed and in lieu thereof it is hereby enacted that every person who attends a woman in childbirth shall, unless—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 person satisfies the Court that such attention was given in a case of sudden or urgent necessity and that a midwife was not immediately available,

be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

• (2) Notwithstanding anything in the foregoing sub-section it shall, until the 1st day of January, 1933, be lawful for any person to attend a woman in childbirth if—

• (a) such person is either—

• (i) a person to whom a certificate in midwifery was granted, before the 1st day of June, 1927, on examination by a lying-in-hospital recognised by the Board after, in the case of a trained medical and surgical nurse, a course of training in midwifery of three months or more or, in the case of a sick children's nurse registered in the Register of Nurses under the Nurses Registration (Ireland) Act, 1919, a course of training in midwifery of four months or more or, in any other case, a course of training in midwifery of six months or more, or

• (ii) a person who, at any time before the 1st day of January, 1924, was a midwife in the permanent employment of a poor law authority, and

• (b) such person gives such attention under the direction and personal supervision of a duly qualified medical practitioner.

3 Midwives' badges.

3.—(1) The duty and power of framing rules conferred on the Board by sub-section (1) of section 5 of the Principal Act shall include a duty and a power to frame rules in respect of the following matters, that is to say:—

• (a) providing for the issue by the Board to midwives of badges (in this Act referred to as midwives' badges) denoting that the wearers are midwives;

• (b) prescribing the pattern of midwives' badges;

• (c) the fee to be paid to the Board for every midwife's badge so issued; and

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

• (2) All expenses incurred by the Board under this section shall be part of the general expenses of the Board, and all fees received by the Board under this section shall be devoted to the general expenses of the Board.

4 Offences in relation to midwives' badges.

4.—(1) Whenever rules made in pursuance of the foregoing 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 such badge to, or permit such 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; and

• (d) where the name of a person to whom a midwife's badge is issued is ordered under the Principal Act to be removed from the roll of midwives for disobeying rules or regulations, or for other misconduct, such person shall within fourteen days from the notification to her of the order surrender to the Board such badge.

• (2) If any person acts in contravention (whether by commission or omission) 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 Short title, construction and citation.

5.—This Act may be cited as the Midwives Act, 1931, and shall be construed as one with the Principal Act, and that Act and this Act may be cited together as the Midwives Acts, 1918 and 1931.