Midwives act, 1944

• Enactment Date: 29 March 1944
• Act Number: 10

Number 10 of 1944.
MIDWIVES ACT, 1944.
ARRANGEMENT OF SECTIONS
PART I .
Preliminary and General.
Section 1. Short title and commencement. 2. Definitions. 3. The local supervising authority. 4. Repeals and revocation.
PART II .
The Central Midwives Board.
5. Establishment of the Board. 6. Seal of the Board. 7. Number of the members of the Board. 8. Election year. 9. Appointment by the Minister of members of the Board. 10. Election of members of the Board. 11. Term of office of members of the Board. 12. Resignation of members of the Board. 13. The chairman of the Board. 14. Meetings and procedure of the Board. 15. Casual vacancies. 16. Removal of member of the Board. 17. Officers and servants of the Board. 18. Power to make rules. 19. Annual report by the Board to the Minister. 20. Contingency fund. 21. Accounts of the Board and audit thereof. 22. Payments by local supervising authorities to the Board.
PART III .
Midwives.
23. The roll of midwives. 24. Registration in the roll of midwives. 25. Removal from the roll of midwives. 26. Caution, reprimand or suspension from practice in lieu of removal from the roll of midwives. 27. Evidence in proceedings for removal from the roll of midwives. 28. Appeals from decisions of the Board. 29. Restoration to the roll of midwives. 30. Employment in maternity home. 31. Midwives certificates. 32. Suspension from practice pending decision in proceedings for removal from the roll of midwives. 33. Investigation of charges by local supervising authority. 34. Suspension from practice consequent upon charge reported to Board. 35. Suspension from practice to prevent spread of infection. 36. Suspension from practice consequent upon proceedings in respect of offence. 37. General supervision by local supervising authority. 38. Rules for courses of training and examinations for candidates for registration in the roll of midwives. 39. Rules for courses of training and examinations for midwives. 40. Holding of examinations, etc. 41. Designation of midwives. 42. Restrictions in relation to the title of midwife. 43. Regulation of practice of midwifery by midwives, etc. 44. Midwives' badges. 45. Notices to be given to local supervising authority by midwives. 46. Medical assistance in case of emergency. 47. Attendance of midwives at courses of instruction.
PART IV .
Restrictions in Relation to Attending Women in Childbirth.
48. Restrictions in relation to attending women in childbirth.
PART V .
Miscellaneous.
49. Contribution by local supervising authority to cost of training midwives. 50. Annual report by medical officer of local supervising authority. 51. Report to the Board of death of midwife, etc. 52. Supply of forms by local supervising authority. 53. Proof of woman being or not being a midwife. 54. Powers of entry and inquiry of officers of local supervising authorities. 55. Power of local supervising authority to act by their medical.officer. 56. Expenses of local supervising authority which is council of a county. 57. Expenses of Minister.
PART VI .
Transitory Provisions.
58. Property, etc., of former Board. 59. Proceedings by and against former Board. 60. Officers of former Board. 61. Women registered in the former roll. 62. Relief for women whose names were removed from former roll. 63. Continuation of rules of former Board. 64. Report of proceedings of former Board. 65. Statement of receipts and expenditure of former Board, etc.
SCHEDULE.
Enactments Repealed.
Acts Referred to Local Government Act, 1941 No. 23 of 1941 Registration of Maternity Homes Act, 1934 No. 14 of 1934 Public Assistance Act, 1939 No. 27 of 1939
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...