A.D. 1926. Board shall (notwithstanding anything in subsection (2) of section six of the Midwives Act, 1918) direct the local supervising authority to pay to the midwife such sum by way of compensation as, having regard to the circumstances of the case, seems just to the Board, and 5 the local supervising authority shall forthwith make a payment to the midwife in accordance with the direction. Fee for retention of name on roll of mid wives. Application (2) Subsection (2) of section fourteen of the Midwives Act, 1918 (which imposes a condition on the payment of a fee to a medical practitioner called in to assist a 10 midwife in case of emergency), shall have effect as though at the end thereof there were added the words "and shall submit his claim within two months from "the date on which he was called in." (3) Subject to the sanction of the Minister of Health, 15 a local supervising authority may make arrangements with any pregnant women in their area for the payment by such women to the authority, whether by instalments or not, of such sum as may be agreed to cover any liability which the authority may incur under section 20 fourteen of the Midwives Act, 1918, in respect of fees payable to medical practitioners who may be called in by midwives in pursuance of that section, and subsection (4) of that section shall not apply in the case of any woman who has entered into such an arrangement 25 and has duly paid the agreed sum. 3.-(1) There shall be paid to the Central Midwives Board in respect of the retention in any year of the name of any person on the roll of midwives such fee, not exceeding two shillings and sixpence, as the Board may, 30 with the approval of the Minister of Health, from time to time determine, and the provisions of section five of the Midwives Act, 1902, shall apply to any fee so paid as they apply to fees paid under that section. (2) The Board may, subject to any rules made by 35 the Board under section three of the Midwives Act, 1902, remove from the roll of midwives the name of any person who has failed to pay any such fee. 4. The Midwives Acts, 1902 and 1918, and this Act of Midwives shall apply to a midwife who is a male as they apply to 40 a midwife who is a female, and accordingly words in the Midwives Acts, 1902 and 1918, importing the female Acts to male midwives. 5 gender shall, so far as necessary to give effect to the A.D. 1926. foregoing provision, include males. PART II. REGISTRATION OF MATERNITY HOMES. 5.-(1) Any person who on or after the appointed Registraday carries on a maternity home within the meaning of tion. this Act shall, unless that person is registered in respect of that home, be guilty of an offence against this Part of this Act, and shall be liable on conviction to a fine not 10 exceeding fifty pounds or, in the case of a second or subsequent offence to imprisonment not exceeding three months either in lieu of or in addition to any such fine. (2) Application for registration shall be made to the local supervising authority in writing in the form 15 prescribed by the Minister of Health, and shall be accompanied by a fee of five shillings. 20 All fees received by a local supervising authority under this section shall be paid into the county fund or the borough fund as the case may be. (3) Subject as hereinafter provided, the local supervising authority on the receipt of an application for registration shall register the applicant in respect of the maternity home named in the application: Provided that the authority may refuse to register 25 the applicant if they are satisfied 30 35 (a) that the applicant or any person employed by 6. Subject as hereinafter provided, a local super- Cancellation vising authority may at any time cancel the registration of registra40 of any person or home for any reason which would entitle tion. A.D. 1926. them to refuse an application for registration, or by reason of a conviction for an offence against this Part of this Act in respect of that person or home. Notice of refusal or 7.-(1) Before making an order refusing an application for registration or cancelling any registration the 5 cancellation local supervising authority shall give to the applicant or of registra- to the person registered, as the case may be, not less than tion. Byelaws. seven days notice of their intention to make such an (2) If after giving any such person or his representative an opportunity of being heard the authority decide to refuse the application for registration or to cancel the registration, they shall make an order to that effect and shall send a copy of the order to that person. (3) Such an order shall not come into force until the expiration of fourteen days from the date on which the order was made, or where notice of appeal has been given against the order, until the appeal has been decided or withdrawn. (4) Any person aggrieved by an order made under this section may appeal against the order to a court of summary jurisdiction within fourteen days after the date on which the order was made. 15 20 25 8. (1) The local supervising authority may make 30 byelaws (a) with respect to records to be kept of patients received into and children born in a maternity home; (b) as to notification of any death occurring in a 35 maternity home; and (c) generally with respect to the conduct of maternity homes and for carrying into effect this Part of this Act. (2) The provisions of sections one hundred and 40 38 & 39 Vict. eighty-two to one hundred and eighty-six of the Public Health Act, 1875, shall, so far as they relate to byelaws c. 55. made by an urban sanitary authority, apply to byelaws A.D. 1926. made under this section. (3) In every maternity home there shall on and after the appointed day be exhibited in a conspicuous 5 place a copy of any byelaws made under this section, together with the certificate of registration relating to the home. 9. Where a person convicted of an offence against Offences by this Part of this Act is a company, the chairman and companies. 10 every director and every officer concerned in the man agement of the company shall be guilty of the like offence, unless he proves that the act constituting the offence took place without his knowledge or consent. 15 20 25 30 35 10. In this Act requires : PART III. GENERAL unless the context otherwise Interpreta The expressions "register and " registration The expression "appointed day" means the first seven; The expression "maternity home" means any (a) any hospital or other premises maintained (b) any hospital or other premises for the conduct of which a duly qualified medical practitioner resident therein is responsible; or tion. A.D. 1926. Repeal. 13 Geo. 3. c. 82. Short title, construc tion, extent and saving (c) any premises used for the training of persons as midwives, which are approved for that purpose by the Central Midwives Board; The expression "offence against this Part of this Act" includes an offence against any byelaws 5 made under Part II. of this Act. 11. As from the passing of this Act it shall not be necessary to obtain a licence for the establishment of a lying-in hospital in accordance with the provisions of the Lying-in Hospitals Act, 1773, and accordingly 10 sections one, two and four of that Act are hereby repealed. 12. (1) This Act may be cited as the Midwives and Maternity Homes Act, 1926, and Part I. of this Act shall be construed as one with the Midwives Acts, 1902 15 and 1918, and those Acts and Part I. of this Act may be cited together as the Midwives Acts, 1902 to 1926. (2) This Act shall not apply to Scotland or Northern Ireland. (3) Nothing in this Act shall affect the provisions of 20 any local Act. |