Medical Practitioners Act, 1927

• Jurisdiction: Ireland
• Citation: IR No. 25/1927
• Year: 1927

Number 25 of 1927.
MEDICAL PRACTITIONERS ACT, 1927.
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. Confirmation of Agreement and consequential amendments of the law. 3. Constitution of the Medical Registration Council. 4. Term of office of member of the Council. 5. Resignation and disqualification of members of the Council. 6. Casual vacancies in the Council. 7. The President of the Council. 8. The establishment of the Council. 9. The first meeting of the Council. 10. Nomination of nominated members of the Council. 11. Elections of direct representatives. 12. Election to fill casual vacancies. 13. Meetings and procedure of the Council. 14. Officers and servants of the Council. 15. The duties of the registrar. 16. Accounts of the Council and the audit thereof. 17. Fees for attendances of members of Council at meetings. 18. Expenses of the Council and of the Minister. 19. Making of regulations by the Council. 20. Exercise by the Executive Council of the functions of the Council. 21. The establishment of the register. 22. Correction of the register. 23. Notification by registrar of death of registered person. 24. Persons entitled to be registered at the establishment of the register. 25. Persons entitled to be registered after the establishment of the register. 26. Foreign practitioners. 27. Entry in register of additional qualifications. 28. Erasure from the register of persons convicted of crime. 29. Removal from the register of persons guilty of infamous conduct. 30. Inquiry by the Council into allegation of infamous conduct. 31. The medical register. 32. Adaptation of references to qualified medical practitioners. 33. Persons entitled to sign medical certificates. 34. Prohibition of recovery of fees for medical services by unregistered persons. 35. Qualifications for medical appointments. 36. Privileges, etc, of persons registered in the register. 37. Offences and penalties in relation to the register. 38. Qualifying examinations. 39. Qualifying examinations held by a college or body with assistant examiners. 40. Duty of Council as to qualifying examinations. 41. Duties of inspectors of examinations. 42. Representation by Council as to standard of knowledge at qualifying examinations. 43. Representation by Council as to course of study and examinations. 44. Adaptation of section 5 of the Midwives (Ireland) Act, 1918. 45. Short title.
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
Acts Referred to Medical Act, 1925 No. 2 of 1925
Number 25 of 1927.
MEDICAL PRACTITIONERS ACT, 1927.
AN ACT TO MAKE PROVISION FOR THE REGISTRATION AND CONTROL OF PERSONS PRACTISING MEDICINE AND SURGERY AND FOR OTHER PURPOSES RELATING TO THE PRACTICE OF MEDICINE AND SURGERY AND THE PERSONS ENGAGED IN SUCH PRACTICE. [28th May, 1927.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
	Definitions.	1.—In this Act—
	the expression “the Minister” means the Minister for Local Government and Public Health;
	the expression “the Council” means the Medical Registration Council constituted by this Act;
	the expression “the register” means the Register of Medical Practitioners for Saorstát Eireann to be established under this Act;
	the expression “the General Council” means the General Council of Medical Education and Registration in the United Kingdom as constituted under the Medical Acts as modified by the Agreement set out in the First Schedule to this Act;
	the expression “the General Register” means the register of medical practitioners maintained under the Medical Acts;
	the expression “registered medical practitioner” in relation to anything done or to be done or an event happening before the establishment of the register means a person registered in the General Register and in relation to anything done or to be done or an event happening after the establishment of the register means a person registered in the register.
	the expression “qualifying diploma” means one of the diplomas mentioned in the Second Schedule to this Act;
	the expression “qualifying examination” means an examination in medicine, surgery, and midwifery held in Saorstát Eireann for the purpose of granting a qualifying diploma;
	the expression “self-governing dominion” means and includes the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South Africa, and Newfoundland;
	the expression “British possession” does not include Great Britain or Northern Ireland or the self-governing dominions.
	Confirmation of Agreement and consequential amendments of the law.	2.—(1) The Agreement set forth in the First Schedule to this Act is hereby confirmed and shall take effect on whichever of the following dates is the later, that is to say, the date of the passing of this Act and the date of the passing into law by the Parliament of the United Kingdom of Great Britain and Northern Ireland of legislation to give statutory effect to the said Agreement.
	(2) For the purpose of enabling the said Agreement to have statutory effect in Saorstát Eireann, it is hereby enacted:—
	(a) that the Medical Act, 1925 (No. 2 of 1925) shall, notwithstanding anything to the contrary contained therein or in any other Act, expire on the passing of this Act,
	(b) that the said Agreement, in so far as the terms thereof are inconsistent with the Medical Acts, shall be deemed to amend or modify to that extent those Acts, and those Acts are hereby amended and modified accordingly,
	(c) that the Medical Acts as so amended or modified shall be and continue in force in Saorstát Eireann so far as is so provided by the said Agreement or is necessary to enable the said Agreement to have full force and effect in Saorstát Eireann,
	(d) that save as is otherwise enacted in the foregoing paragraph the Medical Acts shall cease to have effect on the date defined in this Act as the establishment of the register.
	Constitution of the Medical Registration Council.	3.—(1) A Council to be styled the Medical Registration Council (in this Act referred to as the Council) shall be established in accordance with this Act to fulfil the functions assigned to it by this Act.
	(2) The Council shall be a body corporate having perpetual succession and may provide itself with a seal and may sue and be sued under its said style and name.
	(3) The Council shall consist of eleven members nominated or elected from time to time as follows, that is to say:—
	(a) two shall be nominated by the Executive Council,
	(b) one shall be nominated by each of the following bodies, that is to say, University College, Dublin, University College, Cork, University College, Galway, the University of Dublin, the Apothecaries Hall of Ireland, the Royal College of Surgeons in Ireland, and the Royal College of Physicians of Ireland, and
	(c) two, who shall be registered medical practitioners resident in Saorstát Eireann, (in this Act referred to as direct representatives) shall be elected by the persons who are for the time being registered medical practitioners resident in Saorstát Eireann.
	Term of office of member of the Council.	4.—(1) Subject to the provisions of this section in relation to persons elected or nominated to fill casual vacancies every member of the Council shall, unless he sooner dies, resigns, or becomes disqualified, hold his office as such member for the term of five years reckoned, in the case of the first members, from the establishment of the Council and, in the case of every subsequent member, from the expiration of the term of office of his predecessor.
	(2) A member of the Council elected or nominated to fill a casual vacancy in the Council shall, unless he sooner dies, resigns, or becomes disqualified, hold office for the residue of the term for which the member whose death, resignation, or disqualification occasioned the vacancy would have held office if he had not died, resigned, or become disqualified.
	(3) Every member of the Council shall on the cesser of his membership by effluxion of time be eligible for re-election or re-election or re-nomination.
	Resignation and disqualification of members of the Council.	5.—(1) A member of the Council may at any time resign his office as such member by letter addressed and sent to the President of the Council or, if the office of such President is vacant, to the Council and every such resignation shall take effect at the commencement of the meeting of the Council commencing next after the receipt of such resignation by the President or the Council (as the case may be).
	(2) Every direct representative and every person elected on the occurrence of a casual vacancy to fill the place of a direct representative shall upon his ceasing to be a registered medical practitioner resident in Saorstát Eireann forthwith be disqualified for continuing to be a member of the Council.
	Casual vacancies in the Council.	6.—(1) Whenever a vacancy (in this Act called a casual vacancy) occurs in the membership of the Council by reason of the death, resignation, or disqualification of a member of the Council who is not a direct representative, the Council shall forthwith notify the authority or body by which such member was nominated of the occurrence of such vacancy and such authority or body shall as soon as conveniently may be nominate a person to fill such vacancy.
	(2) Whenever a vacancy (in this Act called a casual vacancy) occurs...