40.— (1) No person shall, for reward, attend a woman in childbirth unless the person is—

(a) a registered midwife who maintains adequate clinical indemnity insurance in accordance with the rules,

(b) a registered medical practitioner,

(c) a person undergoing training to be a registered medical practitioner or a registered midwife who gives such attention as part of a course of professional training, or

(d) a person undergoing experience and training in obstetrics who gives such attention as part of a course of professional training.

(2) Subsection (1) shall not apply where the attention is given in a case of sudden or urgent necessity where neither a registered midwife nor a registered medical practitioner is immediately available.

(3) A person who contravenes this section is guilty of an offence under this section and is liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both,

(b) on conviction on indictment—

(i) in the case of a first offence, to a fine not exceeding €65,000 or to imprisonment for a term not exceeding 5 years or both,

(ii) in the case of any subsequent offence, to a fine not exceeding €160,000 or to imprisonment for a term not exceeding 10 years or both.