Nurses, Midwives and Health Visitors Act 1979

Miscellaneous provisions about midwiferyU.K.

15 Rules as to midwifery practice.U.K.

(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 National Board of any notices given to them in compliance with the rules.

16 Local supervision of midwifery practice.U.K.

(1)The following bodies shall be local supervising authorities for midwives—

(a)in England, Regional Health Authorities;

(b)in Wales, Area Health Authorities [F1and District Health Authorities];

(c)in Scotland, Health Boards; and

(d)in Northern Ireland, Health and Social Services Boards.

(2)Each local supervising authority shall—

(a)exercise general supervision, in accordance with rules under section 15, 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 National Board for the part of the United Kingdom in which the authority acts;

(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.

17 Attendance by unqualified persons at childbirth.U.K.

(1)A person other than a registered midwife of a registered medical practitioner shall not attend a woman in childbirth.

(2)Until the day appointed by the Secretary of State by an order under paragraph 3(1) of Schedule 4 to the M1Sex Discrimination Act 1975, a man who is a registered midwife shall not attend a woman in childbirth except in a place approved in writing by or on behalf of the Secretary of State.

(3)Subsections (1) and (2) do 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.

(4)A person who contravenes subsection (1) or (2) shall be liable on summary conviction to a fine of not more than [F2level 4 on the standard scale]

[F318 Jury service in Scotland.U.K.

Practising midwives shall be exempt from serving on any jury in Scotland.]