all which shall remain in full force as if the same Statutes had not been repealed, unless they be in any respect inconsistent with the provisions herein contained.”

The repeal, therefore, has not the effect of sweeping these enactments altogether out of the Statute Book, and beginning, as it were, de novo, with an entirely new law; on the contrary, the enactments remain in force with respect to the districts formed, the contracts entered into, the proceedings commenced, and the liabilities incurred, which continue in operation under those enactments until fulfilled or concluded or subsequently modified, unless and in so far as they may be inconsistent with the provisions of the new Act. It will consequently be necessary for some time to come to refer to them in connection with the provisions of the Act of 1867.

Under the Act of 1867, the overseers of the poor have no duties or powers. By the original Vaccination Extension Act of 1840, and the Compulsory Vaccination Act of 1853, and the Acts amending them, the overseers were recognised as the authorities to carry the provisions into execution in "every parish in which relief to the poor shall not be administered by guardians,” (3 & 4 Vict. c. 29, s. 1; 4 & 5 Vict. c. 32, s. 1; 16 & 17 Vict. c. 100, s. 1; and 24 & 25 Vict. c. 59, s. 2); but in the 30 & 31 Vict. c. 84, the overseers are not so recognised, and the local execution of the Act is entrusted exclusively to the guardians of the poor, in conjunction with the medical men and the registrars of births and deaths.

In the general supervision or superintendence, however, three distinct central authorities are concerned

the Privy Council, the Poor Law Board, and the Registrar-General. These authorities will severally act within their own respective spheres: the Privy Council, in so far as the subject is one affecting the public health ; the Poor Law Board, in so far as the subject is one involving the administrative action of the guardians of the poor; and the Registrar-General, in so far as the subject is one in reference to which duties are imposed by the Act on the registrars of births and deaths.

Such orders and regulations as have been considered to be necessary, as well as forms and instructional circulars, have been issued by these several authorities, in pursuance of the

powers vested in them by the Act. These documents are comprised in the present volume, and will be found in Appendix A.

D. P. F.

WHITEHALL, May, 1869.




25 25




The Vaccination Act of 1867 (30 & 31 Vict. c. 84)
s. 1. Repeal of Acts and parts of Acts, after 1 January


s. 2. Guardians to divide unions and parishes into vac-

cination districts, or to consolidate or alter

them, subject to approval of Poor Law Board s. 3. If the Board do not approve, another scheme to

be prepared; when approved, guardians to con

tract for performance of vaccination
s. 4. Qualification of vaccinator to be prescribed by

Lords of the Privy Council, and other regula

tions to be prescribed by them
s. 5. As to allowances to public vaccinators
s. 6. As to fees payable for vaccination
s. 7. Conditions may be imposed in the contracts to

secure due vaccination of persons
s. 8. Provision for re-vacciņation
s. 9. Contract not valid unless approved of by Poor

Law Board, who may determine the same at







any time







s. 10. No payment to be made out of the poor rate or

any other public fund, unless the Poor Law

Board have approved of the contract
s. 11. No public vaccinator to be paid for vaccination

out of his district
s. 12. Provision for districts in particular places of scanty

s. 13. Guardians to give notice of alteration in districts
s. 14. The Registrar General to provide forms .
s. 15. Registrar of Births to deliver notice of vaccination

to parent or other person registering birth
s. 16. Parent or other person to procure the vaccination

of child within three months
s. 17. Provision for inspection of vaccination
s. 18. Provision for the unfitness of the child for vac-

s. 19. Provision for successive certificates
s. 20. Provision for insusceptibility of successful vac-









Page The Vaccination Act of 1867 (30 & 31 Vict. c. 84)-continued. s. 21. Certificate of successful vaccination to be trans

mitted to the registrar, and a duplicate given
to the parent :

37 s. 22. No fee to be charged for certificate

37 s. 23. Parent, etc. to transmit certificate of successful

vaccination by medical practitioner to registrar
of district

s. 24. Registrar to keep books and register of vaccination
to be open to searches.

38 Fees for searches and copies

39 Proviso

39 s. 25. Registrar to be paid fees by the boards of guardians 39 s. 26. Vaccination declared to be not parochial relief so as to disqualify

40 s. 27. Half-yearly proceedings by registrars and guardians 40 s. 28. Power to guardians to pay certain expenses out of their funds

40 s. 29. Penalty on parent, etc. neglecting to procure vaccination of the child .

41 8. 30. Penalty on vaccinator and parent neglecting to

transmit certificate, and persons signing false

s. 31. Justices may make an order for the vaccination
of any child under 14 years

42 Penalty for disobedience

Proviso for costs to persons improperly summoned 43 s. 32. Penalty upon persons inoculating with small-pox 44 s. 33. 11 & 12 Vict. c. 43, except s. 11, s. 59 of 7 & 8

Vict. c. 101, and s. 9 of 28 & 29 Vict. c. 79,
to apply to these proceedings

44 s. 34. Notice not to be proved by prosecutors

45 Certificates to be defence

45 s. 35. Interpretation of terms

45 s. 36. Sect. 7 of 21 & 22 Vict. c. 97, to apply to acts of

Privy Council
s. 37. Commencement of Act

46 Short title

46 Schedule of Forms

(A) Notice to be given by Registrar of Births and Deaths 47 (B) Certificate of insusceptibility, and postponement of vaccination

47 (C) Final certificate of insusceptibility of vaccination 48 (D) Certificate of successful vaccination



[ocr errors]



30 & 31 Vict. C. 84. An Act to consolidate and amend the Laws relating to Vaccination.

[12th August, 1867. WHEREAS it is expedient to consolidate and amend the statutes relating to Vaccination in England : 2 Be it therefore enacted by the Queen'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:

I. From and after the day when this Act shall Acts and come into operation as hereinafter provided, the pereinf Acts statute of the third and fourth years of the reign of named reHer Majesty, chapter twenty-nine, that of the fourth and after and fifth years of the same reign, chapter thirty-two, January 1, that of the sixteenth and seventeenth years of the same reign, chapter one hundred, the seventh section of the statute of the twenty-first and twenty-second years of the same reign, chapter twenty-five, the second section of the statute of the twenty-first and twenty-second years of the same reign, chapter ninety-seven, and the statute of the twenty-fourth and twenty-fifth years of the same reign, chapter fifty-nine, shall be repealed,

Except in regard to the divisions and districts of Exceptions. unions and parishes previously made, and to all contracts under the said statutes then in force, and to all acts and proceedings duly commenced under the same, and not then completed, and except in regard to all liabilities and responsibilities incurred under the same, all which shall remain in as full force as if the same statutes had not been repealed, unless they

1 This title is too extensive, as the Act is oonfined in its operation to England and Wales, and does not include Scotland or Ireland. The title of Mr. Bruce's Bill of 1866 referred to “ Vaccination in England.”

2 This includes Wales. See Appendix B, post, p. 105. 3 i.e. the 1st January 1868. See s. 37, post.


« ForrigeFortsett »