REGISTRATION OF MATERNITY HOMES ACT, 1934

AN ACT TO MAKE PROVISION FOR THE REGISTRATION AND INSPECTION OF MATERNITY HOMES AND FOR OTHER MATTERS RELATING TO SUCH HOMES. [5th May, 1934.]

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

1 Definitions.

1.—In this Act—

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

the expression “the local authority” means the body which is, in any area in relation to which the expression is used, the local supervising authority for the purposes of the Midwives (Ireland) Act, 1918, in that area;

the expression “maternity home” means any premises which are, either wholly or partly, used or intended to be used for the reception of pregnant women or of women immediately after child-birth;

the expression “authorised officer” means an officer of the local authority in relation to whom such expression is used authorised by such local authority with the approval of the Minister to exercise the powers conferred by this Act on an authorised officer;

the word “inspector” means a person authorised by the Minister to exercise the powers conferred by this Act on an inspector;

the expression “qualified nurse” means a nurse registered in the general part of the register kept under the Nurses Registration (Ireland) Act, 1919;

the expression “superintendent nurse” means the person having

the superintendence of the patients in the maternity home in relation to which the expression is used;

the word “prescribed” means prescribed by regulations made by the Minister under this Act.

2 The appointed day.

2.—(1) The Minister may by order appoint a day to be the appointed day for the purposes of this Act.

• (2) In this Act the expression “the appointed day” means the day appointed by the Minister to be the appointed day for the purposes of this Act.

3 Registers of maternity homes.

3.—Every local authority shall cause to be kept in the prescribed form a register (to be called and known as the register of maternity homes and in this Act referred to as the register) and there shall be entered therein the matters required by this Act to be entered therein and such other matters as may be prescribed.

4 Applications for registration and registration.

4.—(1) Any person who proposes to carry on, on or after the appointed day, in the functional area of a local authority a maternity home may at any time after the passing of this Act apply in the prescribed manner to such authority to be registered in the register kept by such authority.

• (2) The following provisions shall have effect in relation to applications for registration in the register kept by a local authority, that is to say:—

• (a) where the applicant desires to be registered in respect of two or more maternity homes the applicant shall make a separate application in respect of each of the said homes,

• (b) every application shall be in the prescribed form and shall state the address of the applicant and particulars of the premises situate in the functional area of such local authority where the applicant proposes to carry on the maternity home in respect of which the applicant seeks to be registered in such register and such other particulars as may be prescribed.

• (3) Upon receipt of an application under and in accordance with this section, the local authority shall, subject to the provisions of the next following section, cause to be entered in the register kept by them—

• (a) the name and address of the applicant, and

• (b) particulars of the maternity home specified in such application in respect of which the applicant seeks to be registered in the said register.

5 Refusal of registration.

5.—(1) Where an application is made to a local authority for registration in the register kept by them, such local authority if they are satisfied—

• (a) that the applicant is not a fit and proper person to carry on a maternity home, or

• (b) that the premises where the applicant proposes to carry on the maternity home in respect of which the registration is sought are unsuitable for use for a maternity home, or

• (c) in the case of a maternity home which was not in existence at the date of the passing of this Act, that the superintendent nurse of the home is not a qualified nurse or a certified midwife,

may, by order (in this section referred to as a refusal order) refuse such application.

• (2) Every refusal order shall state the grounds on which such order is made.

• (3) Where a local authority make in relation to an application a refusal order, the following provisions shall have effect, that is to say:—

• (a) the local authority shall serve on the applicant a copy of such order;

• (b) the applicant may within twenty-one days after the service of such copy appeal in the prescribed manner to the Minister against such refusal order;

• (c) in the event of such appeal being duly made, the Minister shall, after considering the matter, make, as he thinks proper, either an order confirming such refusal order or an order directing the local authority to register the applicant in accordance with the application.

6 Prohibition of carrying on maternity home by unregistered person or in unregistered premises.

6.—(1) Subject to the provisions of this section, on and after the appointed day, it shall not be lawful for any person to carry on a maternity home in the functional area of a local authority unless—

• (a) such person is registered in respect of such home in the register kept by such local authority, or

• (b) such home is for the time being an exempted maternity home within the meaning of the next following section.

• (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 fifty pounds and, in the case of a continuing offence under this section, to a further fine not exceeding ten pounds for every day during which the offence is continued.

• (3) Where a person who is registered in respect of a maternity home dies, it shall be lawful for the personal representative or a member of the family of such person to carry on such maternity home for a period not exceeding six months from the date of the death of such person notwithstanding that such personal representative or member is not registered in the said register in respect of such maternity home.

7 Power to exempt certain institutions.

7.—(1) The Minister may, if he so thinks fit, grant exemption from the provisions of the immediately preceding section to any hospital or institution which is a maternity home but is not carried on for private profit.

• (2) An exemption granted under this section may at any time be withdrawn by the Minister.

• (3) The reference in the immediately preceding section to an exempted maternity home shall be construed as a reference to a maternity home in respect of which an exemption under this section has been granted and is not withdrawn.

8 Certificates of registration.

8.—(1) Where a local authority have registered a person in respect of a maternity home in the register kept by them, such local authority shall issue to such person a certificate (in this section referred to as a certificate of registration) in the prescribed form of such registration.

• (2) If any person who is registered in respect of a maternity home in the register kept by a local authority fails or neglects on or after the appointed day to keep exhibited in a conspicuous place in such maternity home the certificate of registration issued in respect of such maternity home, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.

9 Cancellation of registration.

9.—(1) Where a local authority are satisfied that—

• (a) any person registered in the register kept by them is no longer a fit and proper person to carry on a maternity home, or

• (b) that a person registered in such register has been convicted of an offence under any section of this Act,

such local authority may, by order (in this section referred to as a cancellation order) cancel the registration or the several registrations of such person in such register.

• (2) Where a local authority are satisfied that—

• (a) the premises, where a maternity home in respect of which a person is registered in the register kept by such local authority is carried on, are no longer suitable for use for a maternity home, or

• (b) that after the date of the passing of this Act an individual, who is neither a qualified nurse nor a certified midwife, has been appointed superintendent nurse of a maternity home in respect of which a person is registered in such register,

such local authority may, by order (in this section also referred to as a cancellation order) cancel the registration of such person in respect of such maternity home.

• (3) Every cancellation order shall state the grounds on which such order is made.

• (4) Where a local authority make in relation to any person registered in the register kept by them a cancellation order the following provisions shall have effect, that is to say:—

• (a) the local authority shall serve on such person a copy of such order, and such order shall, if no appeal against such order is made under the next following paragraph, come into force at the expiration of the twenty-first day after the date of the service of such copy;

• (b) such person may before such expiration appeal in the prescribed manner to the Minister against such cancellation order;

• (c) in the event of such appeal being duly made the following provisions shall have effect, that is to say:—

• (i) the Minister shall, after considering the matter, make, as he thinks proper, either an order (in this section referred to as a confirming order) confirming such cancellation order or an order revoking such cancellation order;

• (ii) such cancellation order shall not come into force unless the Minister makes a confirming order, and in that event such cancellation order shall come into force on the seventh day after the date of the confirming order.

10 Records to be kept at maternity homes.

10.—(1) On and after the appointed day it shall be the duty of every person who is registered in respect of a maternity home under this Act to keep or cause to be kept at such maternity home records in the prescribed form—

• (a) every reception into such home;

• (b) every discharge from such home;

• (c) every confinement therein;

• (d) every miscarriage therein;

• (e) every birth therein;

• (f) every death therein;

• (g) every removal of a child therefrom and of the name of the person by whom and the address to which such child is removed;

and within twelve hours after every such reception, discharge, confinement, miscarriage, birth, death or removal to enter in the said records the prescribed particulars thereof.

• (2) Every record kept in pursuance of this section may be inspected at all reasonable times by any authorised officer of the local authority within whose functional area the maternity home at which such record is required to be kept is situate, and it shall be the duty of the person liable under this section to keep such record to produce for inspection of such officer on demand such record.

• (3) Every record kept in pursuance of this section may be inspected at all reasonable times by any inspector, and it shall be the duty of the person liable under this section to keep such record to produce for inspection of an inspector on demand such record.

• (4) If any person—

• (a) fails to keep or cause to be kept such record as is required by this section to be kept or caused to be kept by him; or

• (b) fails to make or cause to be made in such record within the time fixed by this section any entry required by this section to be made by him therein; or

• (c) fails to produce or cause to be produced for inspection by an authorised officer of a local authority any record which he is required by this section to produce to such officer or obstructs any such officer in the making of such inspection; or

• (d) fails to produce or cause to be produced for inspection by an inspector any record which he is required by this section to produce to such inspector or obstructs such inspector in the making of such inspection; or

• (e) makes or causes to be made in such record any entry which is false or misleading in any material particular;

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds and, in the case of a continuing offence under this section, to a further fine not exceeding one pound for every day during which the offence is continued.

11 Notification of deaths at maternity homes.

11.—(1) Whenever on or after the appointed day a death occurs in a maternity home in respect of which a person is registered in the register kept by a local authority, such person shall give in writing to the chief executive officer of such local authority notice of such death and the cause thereof by delivering or by despatching by registered post, within twelve hours after such death, to such chief executive officer such notice.

• (2) If any person fails or neglects to comply with the provisions 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 ten pounds.

12 Inspection of maternity homes.

12.—(1) An authorised officer of a local authority shall be entitled at all reasonable times to enter any maternity home within the functional area of such local authority and inspect such maternity home.

• (2) An inspector shall be entitled at all reasonable times to enter any maternity home and inspect such maternity home.

• (3) If any person obstructs or impedes any authorised officer or any inspector in the exercise of the powers conferred on him by 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.

13 Service of documents.

13.—Any document required by this Act to be served on a person may be served by delivering it to such person or by sending it by registered post to such person at the last known place of abode of such person.

14 Regulations.

14.—The Minister may from time to time by order make regulations in relation to any matter or thing referred to in this Act as prescribed.

15 Expenses of local authorities.

15.—All expenses incurred by a local authority under this Act shall be raised and defrayed in the like manner as expenses incurred by such local authority under the Midwives (Ireland) Act, 1918, are raised and defrayed.

16 Short title.

16.—This Act may be cited as the Registration of Maternity Homes Act, 1934.