Midwives Act, 1944

Evidence in proceedings for removal from the roll of midwives.

27.—(1) In any proceedings for removal from the roll of midwives—

(a) the Board may take evidence on oath and for that purpose the presiding member of the Board may administer oaths, and

(b) the Board may accept a statutory declaration as evidence.

(2) Where in proceedings for removal from the roll of midwives, the Board accept a statutory declaration as evidence, a copy of the declaration shall be given to the defendant not less than ten days before the hearing and she shall be entitled to require the Board to secure the attendance of the declarant for examination at the hearing.

(3) The Board may, by giving, either personally or by post, written notice in that behalf to any person, require such person to attend on the day (being at least seven days after the day on which the notice is given) and at the time and place specified in the notice to give evidence in relation to any matter arising in any proceedings for removal from the roll of midwives or to produce any documents in his possession, custody, or control which relate to any such matter.

(4) A person giving evidence at any proceedings for removal from the roll of midwives shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

(5) It shall not be necessary for a person to attend in compliance with a notice under this section at a place more than ten miles from his ordinary place of residence unless the reasonable and necessary expenses of his attendance have been paid or tendered to him by the Board.

(6) Any person who in compliance with a notice under this section attends at any place shall, save in so far as the reasonable and necessary expenses of his attendance have already been paid to him, be paid such expenses by the Board and such expenses, save as aforesaid, shall, in default of payment, be recoverable as a simple contract debt in any court of competent jurisdiction.

(7) Subject to the provisions of sub-section (5) of this section, every person to whom a notice has been given under this section who refuses or wilfully neglects to attend in accordance with the notice, or who wilfully alters, suppresses, conceals, or destroys any document to which the notice relates, or who, having so attended, refuses to take the oath or to give evidence, or refuses or wilfully fails to produce any document to which the notice relates, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.