Midwives Act , 1944

PART I. Preliminary and General.

1 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.

2 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“the former Board” means the Board administering prior to the appointed day the Midwives Acts, 1918 and 1931 (repealed by this Act);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former roll” means the roll maintained by the former Board of persons certified under the Midwives Acts, 1918 and 1931 (repealed by this Act);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.

3 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.

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4.—(1) The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.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

5 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.

6 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.

7 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.

8 Election year.

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

9 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.

10 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.

11 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.

12 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.

13 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.

14 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.

15 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.

16 Removal of member of the Board.

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

17 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.

18 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.

19 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.

20 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.

21 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.

22 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.

23 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.

24 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.