1907 (7 Edw. 7.) CHAPTER 40.
[
An Act to provide for the early Notification of Births.
BE 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:
Provisions
for the earlier notification of births.
1.—The provisions
of this section shall have effect in the area of any local authority in which
this Act is adopted by that authority in accordance with the provisions of this
Act—
(1) In
the case of every child born in an area in which this Act is adopted it shall
be the duty of the father of the child, if he is actually residing in the house
where the birth takes place at the time of its occurrence, and of any person in
attendance upon the mother at the time of, or within six hours after, the
birth, to give notice in writing of the birth to the medical officer of health
of the district in which the child is born, in manner provided by this section.
(2)
Notice under this section shall be given by posting a prepaid letter or
postcard addressed to the medical officer of health at his office or residence,
giving the necessary information of the birth within thirty-six hours after the
birth, or by delivering a written notice of the birth at the office or
residence of the medical officer within the same time; and the local authority
shall supply without charge addressed and stamped postcards containing the form
of notice to any medical practitioner or midwife residing or practising in their area,
who applies for the same.
(3) Any
person who fails to give notice of a birth in accordance with this section
shall be liable on summary conviction to a penalty not exceeding twenty
shillings: Provided that a person shall not be liable to a penalty under this
provision if he satisfies the court that he had reasonable grounds to believe
that notice had been duly given by some other person.
(4) The
notification required to be made under this Act shall be in addition to and not
in substitution for the requirements of any Act relating to the registration of
births; and any registrar of births and deaths, whose sub-district or any part
thereof is situate within any area in which this Act is adopted, shall at all
reasonable times have access to notices of births received by the medical
officer of health under this Act, or to any book in which those notices may be
recorded, for the purpose of obtaining information concerning births which may
have occurred in his sub-district.
(5)
This section shall apply to any child which has issued
forth from its mother after the expiration of the twenty-eighth week of
pregnancy, whether alive or dead.
(6) Any
expenses incurred by a local authority in the execution of this Act shall be
paid as part of the expenses of that authority in the execution of the Acts
relating to public health, and in the case of a rural district council shall be
paid as general expenses.
Adoption
of Act, and definition of local authority.
2.—(1) A local
authority may by resolution adopt this Act in their area, and the provisions
set out in the schedule to this Act shall have effect with respect to the
resolution of adoption.
(2) A
resolution of adoption shall not take effect until the consent of the Local
Government Board has been obtained thereto.
(3) It shall
be the duty of any local authority by whom this Act is adopted, as soon as the
consent of the Local Government Board is given to the resolution of adoption,
to bring the provisions of this Act to the attention of all medical
practitioners and midwives
practising in their area.
(4) In this Act, the expression "local authority" means the council of a borough (including the council of a metropolitan borough and the mayor, aldermen, and commons of the city of London in common council assembled), and the council of an urban or a rural district, and the council of a county (other than the county of London) who may adopt the Act either for their whole county or for any county district therein:
Provided
that—
(a)
where the Act is adopted by the council of a county the county medical officer
of health shall be substituted for the medical officer of health of the
district, and the expenses of the execution of the Act shall be paid as general
county expenses or special county expenses, as the case requires; and
(b)
if, where the Act has been adopted by the council of a county for any county
district, the council of the district, or, where the Act has been adopted by
the council of a county district for their district, the council of the county,
subsequently apply to the Local Government Board to be made the authority for
the purposes of this Act, the Board may, if they think fit, make an order
declaring that the Act shall take effect as if it had been adopted by the
council of the county district instead of the council of the county, or by the
council of the county instead of the council of the county district, as the
case may be, and on any such order being made the Act shall take effect in
accordance with the order.
(5) In
London, the medical officer of health of every metropolitan borough (including
the city of London) in which this Act is in force for the time being shall send
weekly to the London County Council, in a form prescribed by the Local
Government Board, a list of all notices of birth received by him under this Act
during the past week.
Power of Local
Government Board to put Act in force in the area of any local
authority.
3. The Local Government Board may by order
declare that this Act shall be in force in the area of any local authority who
have power to adopt the Act, although it has not been so adopted, if they think
it expedient, having regard to the circumstances of the area, and in that case
the order of the Local Government Board shall have the same effect for the
purpose as a resolution of adoption duly passed by the local authority of the
area and assented to by the Local Government Board.
Application
to
4. In the application of this Act to
(1) The
expression "Local Government Board" means the Local Government Board
for
(2) The
expression "sub-district" means parish or district;
(3) The
expression "local authority" and the expression "council"
mean the local authority under the
60
& 61 Vict. c. 38.
Public Health (Scotland) Act, 1897, and subsection
four of section two shall not apply;
(4) An
offence may be tried before the sheriff or before any magistrate of a royal,
parliamentary, or police burgh officiating under the provisions of any local or
general Police Act; and an offender failing to make payment of a penalty shall
be liable to imprisonment in terms of the Summary Jurisdiction Acts.
Application
to
5. In the application of this Act to
Short
title.
6. This Act may be cited as the Notification
of Births Act 1907.
Section
2.
1.
A resolution of adoption must be passed at
a meeting of the council.
2.
One calendar month at least before the
meeting of the council special notice of the meeting and the intention to
propose the resolution shall be given to every member of the council.
3.
A resolution of adoption after being
passed shall be published by advertisement in some or more newspapers
circulating within the area of the council by whom the resolution is passed,
and otherwise in such manner as the council thinks sufficient for giving notice
thereof to all persons interested.
4.
A copy of the resolution of adoption shall
be sent to the Local Government Board.
5.
The resolution of adoption shall come into
operation at such time, not less than one month after the first publication of
the advertisement, as may be fixed by the Local Government Board.
Transcribed by Tony Foster Oct 2005
Copyright
Guy Etchells © 2005
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reserved. Permission is granted for all free personal and
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Commercial use of any portion contained herein is expressly prohibited. |
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