Midwives (Scotland) Act 1915
| Jurisdiction | UK Non-devolved |
Midwives (Scotland) Act, 1915,
(5 & 6 Geo. 5.) CHAPTER 91.
An Act to secure the better training of Midwives in Scotland, and to regulate their practice.
[23rd December 1915]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 Certificates.
(1) From and after the first day of January one thousand nine hundred and seventeen 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 practise 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 January one thousand nine hundred and twenty-two no woman shall habitually and for gain attend women in child-birth otherwise than under the direction of a registered 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 subsection shall not apply to registered medical practitioners or to anyone 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 under 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 unrulier the charge of cases of abnormality or disease in connection with parturition, but nothing herein contained shall prevent a midwife granting such certificates as may be required by the rules of approved societies or insurance committees in connection with maternity benefit under the National Insurance Acts.
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 Maternity Hospital of Edinburgh, the Royal Maternity Hospital, Glasgow, the Maternity Hospital, Aberdeen, the Maternity Hospital, Dundee, the Obstetrical Society of London, the Royal College of Physicians of Ireland, the Coombe Lying-in Hospital, and Guinness's Dispensary, the Rotunda Hospital for the Relief of Poor Lying-in Women of Dublin, the National Maternity Hospital, Dublin, the Central Midwives Board for England, or such other certificate as may be approved by the Central Midwives Board for Scotland, or produces evidence satisfactory to the last-mentioned 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.
The period of two years may be extended by the Central Midwives Board for Scotland in special cases where any woman is able to satisfy them that she had reasonable excuse for having failed to make her claim within the prescribed time.
3 Constituting of the Central Midwives Board for Scotland.
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 for Scotland (hereafter in this Act termed the Board), which shall consist of—
(1) The persons to be appointed by the Lord President of the Council, two of whom shall be certified midwives practising in Scotland, and shall be first appointed when, in the opinion of the said Lord President, midwives so qualified are available in number sufficient to warrant such appointment; and
(2) Four persons to be appointed, one by the Association of County Councils for Scotland, one by the Convention of the Royal Burghs of Scotland, one by the Queen Victoria Jubilee Institute for Nurses (Scottish Branch), and one by the Society of Medical Officers of Health of Scotland; and
(3) Five registered medical practitioners to be appointed, one by the University Courts of the Universities of Edinburgh and St. Andrews, conjointly, one by the University Courts of the Universities of Glasgow and Aberdeen, conjointly, one by the Royal College of Physicians of Edinburgh, the Royal College of Surgeons of Edinburgh, and the Royal Faculty of Physicians, and Surgeons of Glasgow, conjointly, and two by the Scottish Committee of the British Medical Association.
On the first day of February one thousand nine hundred and twenty-one, and on the first day of February in every fifth year thereafter, all the members of the Board shall retire from office together, but shall be eligible for re-appointment, and their places shall be filled by the appointment, by the same person and bodies respectively, of a like number of members possessing, where any qualification is prescribed, the same qualifications as aforesaid.
Any vacancy occurring by death or resignation or any cause other than retirement in ordinary course shall be filled by a member appointed by the person or body by whom the member whose office is vacated was appointed, and possessing, where any qualification is prescribed, the same qualification.
The Board may act notwithstanding a vacancy or vacancies in their number.
The Board shall elect a chairman from their own number.
The meetings of the Board shall be held in the city of Edinburgh, and the members shall be paid in respect of their attendance thereat reasonable expenses on a scale approved by the Privy Council.
4 Future revision of constitution of the Board.
(1) The Board may at any time represent to the Privy Council that it is expedient to modify the constitution of the Board either by—
(a ) increasing or diminishing the number of persons appointed by any body or person; or
(b ) abolishing the power of appointment by any body or person; or
(c ) conferring on any body or person a power of appointment of one or more persons; or
(d ) altering the term of office or qualifications of any members.
(2) The Privy Council before considering such representation shall cause it to be laid before both Houses of Parliament.
(3) If either House of Parliament within forty days (exclusive of any period of adjournment for more than one week) next after such representation has been laid before the House presents all address to His Majesty declaring that the representation or any part thereof ought not to be given effect to, no further proceedings shall be taken in respect of the representation or part thereof in regard to which the address has been presented; but if no such address is presented by either House within such forty days as aforesaid, or if an address relating only to some part of such representation be so presented, the Privy Council may, if they think fit, report to His Majesty that it is expedient to give effect to the representation or to any other part thereof as the case may be; and it shall be lawful for His Majesty by Order in Council to give effect to the same, and any Order in Council so made shall have effect as if enacted in this Act.
5 Duties and powers of the Board.
5. The duties and powers of the Board shall be as follows:—
(1) To frame rules—
(a ) regulating their own proceedings;
(b ) regulating the issue of certificates and the conditions of admission to the roll of midwives;
(c ) regulating the course of training and the conduct of examinations (which shall, so far as possible, be of a practical character) and the remuneration of the examiners;
(d ) regulating the admission to the roll of women already in practice as midwives at the passing of this Act;
(e ) regulating, supervising, and restricting within due limits the practice of midwives, and defining the emergencies in which a midwife shall call in a registered medical practitioner to her assistance;
(f ) defining the conditions under which midwives may be suspended from practice;
(g ) defining the particulars required to be given in any notice under section eighteen of this Act;
(2) To appoint examiners, one of whom shall be a registered female medical practitioner and none of whom shall be a member of the Board;
(3) To decide upon the places where, and the times when, examinations shall be held;
(4) To publish annually a roll of midwives who have been duly certified under this Act;
(5) 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 Board, or for other misconduct, and also to decide upon the restoration to the roll of the name of any midwife so removed;
(6) 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 communicated to the General Medical Council, and shall be valid only if approved by...
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