Textual Amendments applied to the whole legislation
F1Act repealed (prosp.) 1999 c. 8, ss. 60(3), 65(2), 67(1), Sch. 5, the repeal being brought into force as follows: 11.5.2001, to the extent that s. 10(5) and Sch. 1 para. 7(4) ceased to have effect by S.I. 2001/1985, art. 2(2)(a); 1.4.2002, to the extent that ss. 1-8, 10, 11, 14, 15, 17-20, 22 (in part), 24 (in part), Schs. 1-3 and Sch. 4 paras. 1, 2 are repealed, by S.I. 2002/1167, arts. 3(a), 5 (with transitional provisions and savings in S.I. 2002/253, arts. 1(3), 54, sch. 2 (with art. 3(18)) (coming into force in accordance with art. 1(3) of the said S.I. 2002/253)
(1)The Council shall make rules regulating the practice of midwives and these rules may in particular—
(a)determine the circumstances in which, and the procedure by means of which, midwives may be suspended from practice;
(b)require midwives to give notice of their intention to practise to the local supervising authority for the area in which they intend to practise; and
(c)require registered midwives to attend courses of instruction in accordance with the rules.
(2)If rules are made requiring midwives to give the notice referred to in subsection (1)(b), it is then the duty of the local supervising authority to inform the Council of any notices given to the authority in compliance with the rules.
Modifications etc. (not altering text)
(1)The following bodies shall be local supervising authorities for midwives—
(a)in England and Wales, Health Authorities;
(b)in Scotland, Health Boards; and
(c)in Northern Ireland, Health and Social Services Boards.
(2)Each local supervising authority shall—
(a)exercise general supervision, in accordance with rules under section 14, over all midwives practising within its area;
(b)report any prima facie case of misconduct on the part of a midwife which arises in its area to the Council;
(c)have power in accordance with the Council’s rules to suspend a midwife from practice.
(3)The Council may by rules prescribe the qualifications of persons who may be appointed by a local supervising authority to exercise supervision over midwives within its area, and no person shall be so appointed who is not qualified in accordance with the rules.
(4)The National Boards are responsible for providing the authorities with advice and guidance in respect of the exercise of their functions under this section.
(5)The Council may by rules prescribe standards to be observed with respect to advice and guidance provided under subsection (4).
Modifications etc. (not altering text)
C2Ss. 2-8, 14, 15, 20, 21: temp. amendment as to exercise of functions by S.I. 2002/253, art. 54, Sch. 2 (with art. 3(18 ) (coming into force in accordance with art. 1(3)
C3S. 15(2): functions not to be exercised by a primary care trust (1.4.2000) by virtue of S.I. 2000/695, art. 4(1), Sch. 4
S. 15(2) modified as to excercise of functions of a Health Authority (1.4.2001) by S.I. 2001/747, regs. 5(7), 6(3)(d)
(1)A person other than a registered midwife or a registered medical practitioner shall not attend a woman in childbirth.
(2)Subsection (1) does not apply—
(a)where the attention is given in a case of sudden or urgent necessity; or
(b)in the case of a person who, while undergoing training with a view to becoming a medical practitioner or to becoming a midwife, attends a woman in childbirth as part of a course of practical instruction in midwifery recognised by the General Medical Council or one of the National Boards.
(3)A person who contravenes subsection (1) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.