« ForrigeFortsett »
than the surgery or residence of the public vaccinator.
VIII. The provisions of the contracts entered into Provision for before this Act comes into operation,5 shall not after tion. the thirty-first day of December next apply to the cases of
persons who having been previously successfully vaccinated shall be re-vaccinated, but if the Lords of Her Majesty's Council shall have issued or shall hereafter issue regulations in respect of the revaccination of persons who may apply to be revaccinated, which such Lords are hereby authorized to do, the guardians shall pay in respect of every case of successful re-vaccination performed in conformity with such regulations under such contracts or under new contracts entered into after the date hereof a sum amounting to two-thirds of the fee payable upon each case of successful primary vaccination.7
IX. No contract for vaccination entered into under Contract the provisions of this Act shall be valid until the not valid same shall have been approved of by the Poor Law proved of by Board, and such Board may, at their discretion, Law Board, upon the application of the Lords of Her Majesty's who may deCouncil or otherwise, at any time after the same same at any shall have been approved of by them, determine it either forthwith or at a future day.9
See s. 37, post. 6 See Appendix A, p. 88; also note (?), s. 1 of 16 & 17 Vict. c. 100, Appendix B, post, p. 108.
? As to existing contracts, see s. 1, ante ; and as to new contracts, see s. 6, ante, and the notes thereon. It seems that the vaccinator under a contract entered into before the passing of this Act will be entitled to claim this reduced fee in any case of re-vaccination in which he may duly comply with the regulations issued by the Privy Council.
8 This provision implies, though it does not in terms require, that the contract should be forwarded by the guardians to the Poor Law Board for their approval. As to the former state of the law upon this point, see 3 & 4 Vict. c. 29, ss. 4 and 5, Appendix B, post, p. 101.
9 Compare the 3 & 4 Vict. c. 29, s. 5 (post, p. 101), under which the contract could not be annulled by the Poor Law Commissioners after 14 days from the time of their receiving a copy of it under s.
out of the poor rate
X. No payment in respect of vaccination shall be to be made made out of the common fund of any union, or out
of the poor rate of any parish, or out of any other public fund public or parochial fund, where the Poor Law Board
shall not have approved of a contract for the performBoard have ance thereof, 1 or after they shall have determined any approved of such contract ;1 and every payment made contrary
hereto shall be disallowed by the auditor2 in the accounts of every board of guardians, or of the overseers, 3 or of
officer who shall have made the
unless the Poor Law
out of his district.
XI. Where a district shall have been or shall be vaccinator
assigned to a vaccinator, he shall not be entitled to vaccination be paid a fee in respect of the vaccination or revaccination of any child or other
resident out of his district, except in case of a vacancy in the office of vaccinator in any adjoining district, or of the default of the vaccinator therein, of which default notice shall have been given to him in writing by the guardians, or when a relieving officer of his union or parish shall in writing refer any child to him for vaccination.
XII. The guardians may with the consent of the districts in Poor Law Board provide in districts where the places of population is scanty or much scattered, or where scanty population. some peculiar circumstances may render it expedient
for them to do so, for the attendance of the public vaccinator at the appointed places after intervals exceeding three months; and if by reason of such interval the vaccination of any child cannot be performed within the respective periods herein pre
i See s. 9, ante, p. 31.
? As to an appeal against the auditor's decision, either to the Poor Law Board or to the Court of Queen's Bench, see 7 & 8 Vict. c. 101, ss. 35, 36; 11 & 12 Vict. c. 91, s. 4; and 29 & 30 Vict. c. 113, s. 5.
3 This reference to the “overseers” does not imply that they have any power to enter into a contract under this Act, even with the approval of the Poor Law Board. See Introduction, ante, p. 21.
* As to the former state of the law, see Appendix B, post, p. 107, note (?).
scribed,5 no parent or other person who would otherwise be liable shall be liable to any penaltyø in respect of a neglect to procure the vaccination during any such period; but every such parent or other person shall be bound to procure such vaccination to be performed at the time and place so appointed before the commencement of the next interval, unless it be otherwise performed by a medical practitioner as herein provided, or unless the child shall be certified to be then in an unfit state for or insusceptible of vaccination.
XIII. When the guardians make any alteration in Guardians a vaccination district, or otherwise in the local to give arrangements for vaccination, they shall give public alteration notice of such alteration by printed papers to be affixed in the districts affected by such alteration for one month prior to the alteration taking effect.7
XIV. The Registrar-General for England and The RegisWales shall, when he shall deem it necessary, from
to provide time to time as occasion shall require, after the passing of this Act, frame and provide appropriate books, forms, and regulations for the use and guidance of the registrars in the exercise of their duties therein prescribed, and also such forms as shall be required for the use of the public vaccinators and the signature of the medical practitioners under the provisions of this Act, and shall transmit the same to all registrars of births and deaths, who shall retain such as relate to themselves, and distribute among the vaccinators within their respective districts such as relate to them without
fee or reward.8 XV. The registrar of births shall, on or within Registrar seven days after the registration with him of the of births to birth of any child not already vaccinated, give a tice of vacnotice, according to the form in the schedule hereto parent or
5 See ss. 16, 18 and 19, post.
8 Compare the 16 & 17 Vict. c. 100, s. 11, and 21 Vict. c. 25, s. 7, hereby repealed: see Appendix B, post, pp. 117, 120.
other person registering birth.
annexed marked A, or to the like effect, to the parent, or, in the event of the death, illness, absence or inability of the parent, to the person having the custody of such child, if known to him, requiring such child to be duly vaccinated according to the provisions of this Act, and specifying the days, hours and places where the public vaccinator of the vaccination district wherein such child resides, or the vaccinator of any station duly authorized by the Lords of Her Majesty's Council, will attend for the purpose of performing the operation, to which notice forms according to those in the said schedule marked B, C, and D, and also the address of the registrar giving the notice, shall be attached in such form as the Registrar-General shall deem most convenient.?
XVI. The parent of every child born in Englands other person shall within three months after the birth of such
child, or where, by reason of the death, illness, child within absence, or inability of the parent, or other cause,
any other person shall have the custody of such child, such person shall, within three monthst after receiving the custody of such child, take it or cause it to be taken to the public vaccinator of the vaccination district in which it shall be then resident, according to the provisions of this or any other Act, to be vaccinated, or shall within such period as aforesaid cause it to be vaccinated by some medical
to procure the vaccination of
See Appendix A, post, p. 94. The description here given is in the alternative, referring to “ the public vaccinator, etc., or the vaccinator of any station duly authorized, etc.,” but it does not appear that there is any real distinction, as every vaccinator named in the list printed in the Appendix is therein designated
"public vaccinator.” If, however, any vaccinator duly authorized by the Privy Council is not a “public vaccinator," there will be a difficulty in filling up the form A, and if such vaccinator should vaccinate any child, a question may arise as to whether it is his duty, or that of the parent, to transmit the certificate to the registrar: see s. 30, post. With regard to the designation of “public vaccinator,” see s. 3, ante, p. 27.
2 See also s. 24, post.
+ These are calendar months. See 7 & 8 Vict. c. 101, s. 74, and 13 Vict, c. 21, s. 4.
practitioner ;5 and the public vaccinator to whom such child shall be so brought is hereby required, with all reasonable despatch, subject to the conditions hereinafter mentioned, to vaccinate such child.
XVII. Upon the same day in the following week? Provision for when the operation shall have been performed by the inspection of public vaccinator such parent or other person, as the case may be, shalls again take the child or cause it to be taken to him or to his deputy that he may inspect it, and ascertain the result of the operation, and, if hé see fit, take from such child lymph for the performance of other vaccinations ;8 and in the event of the vaccination being unsuccessful such parent or other person shall, if the vaccinator so direct, cause the child to be forthwith again vaccinated and inspected as on the previous occasion.5
XVIII. If any9 public vaccinator or medical prac- Provision for titioner shall be of opinion that the child is not in a
5 As to the penalty for neglect, see s. 29, s. 33, and s. 34, post.
6 See ss. 18, 19 and 20, post.
? Compare 16 & 17 Vict. c. 100, s. 3, and the note thereon, Appendix B, post, p. 109.
8 This provision with regard to taking the lymph is a new one. See also s. 4, ante; as well as Dr. Seaton's “ Handbook of Vaccination," ch. vi-x.
9 The word "any” is used here without limitation; but a question nevertheless arises, whether any vaccinator or practitioner can lawfully give the certificate herein contemplated, without seeing and examining the child. The certificate (see schedule B, post,) does not in terms require the person certifying to state that he has examined the child; but it does require him to express a positive opinion that the child “is not now in a fit state for vaccination; and how can he form such an opinion without ascertaining for himself the condition of the child at the time? But even if it should be held that this certificate may be given on the first occasion by a medical man who has not seen the child, and who founds his opinion on the statements of others, it is clear that no such certificate can be subsequently given in like manner, as s. 19 expressly provides that, at or before the end of each successive period of two months, the child shall be taken to some vaccinator or practitioner, who shall then examine the child, and certify accordingly. It is, perhaps, to be regretted that similar language is