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46
MIDWIVES ACT, 1902.
On December 16th, 1902, I reported to the Public Health Committee with respect to this Act,
as follows:—
"The Act so entitled comes into operation on the 1st day of April, 1903—except as otherwise
provided by the Act. Its purpose is to secure the better training of Midwives, and to
regulate their practice.
"A Central Midwives' Board, which has already been appointed, will be the Authority
for administering the Act. The duties and powers of this Board are set out in Section 3 (3).
"The London County Council will be the 'local supervising authority' over Midwives
within the area of the Administrative County; but they may delegate, with or without any
restrictions or conditions, as they may think fit, any powers or duties conferred or imposed
upon them, to a District Council. Any powers or duties so delegated may be exercised by a
Committee appointed by the District Council, and consisting either wholly or partly of members
of the District Council. Women will be eligible to serve on any such Committee.
"The duties of the local supervising authority, i.e., the County C ouncil, or if they delegate
their powers, the District Council, are set out in Section 8.
"The Westminster City Council, being of opinion that the Metropolitan Borough
Councils should be entrusted with the carrying out of the provisions of the Act in London,
have passed a resolution to ask the County Council whether they intend themselves to carry
out the provisions of the Act, or to delegate their powers to the Metropolitan Borough
Councils. They have expressed their willingness to undertake the carrying out of the Act in
Westminster, and they ask the Councils, generally, to take similar action. Uniformity of
action is desirable. Delegation, if adopted, should be universal. It remains to be seen
whether the County Council will think fit to delegate to the District Councils any or all of
their powers and duties.
"The question whether the District Councils should undertake such powers and duties
might, I think, be allowed to stand over until the views of the County Council on the subject
shall have been made known."
On 20th October, 1903, the General Purposes Committee of the London County Council
submitted a report containing recommendations on the subject, as follows—
"(a) That, so far as concerns the part of the Administrative County of London outside
the City of London, the powers of the Council under the Midwives Act, 1902, be delegated
to the Metropolitan Borough Councils, such delegation to be subject to such restrictions or
conditions as the Council may hereafter determine.
"(b) That it be referred to the General Purposes Committee to consider and report as
to the restrictions or conditions subject to which the delegation of the Council's powers is to
take effect."
On the motion to adopt recommendation (a), an amendment was moved and carried, "That
the consideration of the recommendation be postponed, in order that the Council may first consider
the restrictions and conditions which the Committee may wish to recommend."
Subsequently, the Council referred to the Committee several petitions from Nurses' and
Midwives' Associations, etc., urging that the powers under the Act should not be delegated to the
Metropolitan Borough Councils.
The Committee, in a further report, dated 7th December, stated that "the ordinary duties
(of the supervising authority) consist of inspection and clerical work," and power "to prosecute in
the case of any offences under the Act punishable on summary conviction. If the powers were
delegated to the Borough Councils," the Committee went on to say, "the Council might impose
conditions as to the frequency of inspection of midwives' case-books, appliances, etc., and as to theclass
of officer to be employed for the purpose of inspection;" and, also, "as to the limit of expenditure
which the Council would repay." They thought, however, that "it would be difficult and
inexpedient to impose restrictions or conditions excepting as regards the limit of expenditure."