Midwives Act 1902
| Jurisdiction | UK Non-devolved |
| Citation | 1902 c. 17 |
| Year | 1902 |
Midwives Act, 1902
(2 Edw. 7.) CHAPTER 17.
An Act to secure the better training of Midwives, and to regulate their practice.
[31st July 1902]
B E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 Certification.
(1) From and after the first day of April one thousand nine hundred and five, any woman who, not being certified under this Act, shall take or use the name or title of midwife (either alone or in combination with any other word or words), or any name, title, addition or description implying that she is certified under this Act or is a person specially qualified to practice midwifery or is recognised by law as a midwife, shall be liable on summary conviction to a fine not exceeding five pounds.
(2) From and after the first day of April one thousand nine hundred and ten, no woman shall, habitually and for gain, attend women in childbirth otherwise than under the direction of a qualified medical practitioner, unless she be certified under this Act; any woman so acting without being certified under this Act shall be liable, on summary conviction, to a fine not exceeding ten pounds; provided this section shall not apply to legally qualified medical practitioners, or to any one rendering assistance in a case of emergency.
(3) No woman shall be certified under this Act until she has complied with the rules and regulations to be laid down in pursuance of this Act.
(4) No woman certified tinder this Act shall employ an uncertified person as her substitute.
(5) The certificate, under this Act shall not confer upon any woman any right or title to be registered under the Medical Acts or to assume any name, title or designation implying that she is by law recognised as a medical practitioner, or that she is authorised to grant any medical certificate, or any certificate of death or of still-birth, or to undertake the charge of cases of abnormality or disease in connection with parturition.
2 Provision for existing midwives.
2. Any woman who, within two years from the date of this Act coming into operation, claims to be certified under this Act, shall be so certified provided she holds a certificate in midwifery from the Royal College of Physicians of Ireland, or from the Obstetrical Society of London, or the Coombe Lying-in Hospital and Guinness's Dispensary, or the Rotunda Hospital for the Relief of the Poor Lying-in Women of Dublin, or such other certificate as may be approved by the Central Midwives Board, or produces evidence, satisfactory to the Board, that, at the passing of this Act, she had been for at least one year in bon fide practice as a midwife, and that she bears a good character.
3 Constitution and duties of the Central Midwives Board.
3. On the passing of this Act, the Lord President of the Council shall take steps to secure the formation of a Central Midwives Board, which shall consist of—
(1) Four registered medical practitioners, one to be appointed by the Royal College of Physicians of London, one by the Royal College of Surgeons of England, one by the Society of Apothecaries, and one by the Incorporated Midwives Institute; and
(2) Two persons (one of whom shall be, a woman) to be appointed for terms of three years by the Lord President of the Council; and
(3) One person to be appointed for a term of three years by the Association of County Councils, one person to be appointed for a term of three years by the Queen Victoria's Jubilee Institute for Nurses, and one person to be appointed for a term of three years by the Royal British Nurses Association.
After two years from the commencement of this Act, the members appointed under subsection (1) shall retire, but shall be eligible for re-appointment annually. Any vacancy occurring by resignation or death shall be filled up, in the case of a member appointed under subsections (1) and (3), by the body which appointed such person, and, in the case of a member appointed under subsection (2), by the Lord President of the Council; members appointed under subsections (2) and (3) shall, on the termination of the period for which they have been appointed, be eligible for re-appointment for a like period.
The duties and powers of the Board shall be as follows:—
I. To frame rules—
II. To appoint examiners;
III. To decide upon the places where, and the times when, examinations shall be held;
IV. To publish annually a roll of midwives who have been duly certified under this Act;
V. To decide upon the removal from the roll of the name of any midwife for disobeying the rules and regulations from time to time laid down under this Act by the Central Midwives Board, or for other misconduct, and also to decide upon the restoration to the roll of the name of any midwife so removed;
VI. To issue and cancel certificates.
And generally to do any other act or duty which may be necessary for the due and proper carrying out of the provisions of this Act.
Rules framed under this section shall be valid only if approved by the Privy Council; and the Privy Council, before approving any such rules, shall take into consideration any representations which the General Medical Council may make with respect thereto.
4 Appeal from decision of Midwives Board.
4. Any woman thinking herself...
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