Medical Practitioners Act 1927

1 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.

2 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.

3 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.

4 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.

5 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.

6 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 in the membership of the Council by reason of the death, resignation, or disqualification of a direct representative or of a person elected under this Act to fill the place of a direct representative, a registered medical practitioner resident in Saorstát Eireann shall be elected to fill such vacancy by the persons who are for the time being registered medical practitioners resident in Saorstát Eireann.

7 The President of the Council.

7.—(1) It shall be the duty of the Council to elect from time to time as occasion requires one of its members to be the President of the Council.

(2) Every President of the Council shall hold office as such President from the date of his election to that office until the happening of whichever of the following events first happens, that is to say:—

(a) the expiration of his term of office as a member of the Council,

(b) his ceasing to be a member of the Council otherwise than by the expiration of his term of office,

(c) his resigning the office of President of the Council.

(3) The President of the Council may at any time resign his office as such President by letter addressed and sent 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 Council.

8 The establishment of the Council.

8.—(1) As soon as may be after the passing of this Act the Minister shall hold an election of two direct representatives to be members of the Council and shall also send to every authority and body (other than the Executive Council) entitled under this Act to nominate a member of the Council a notice in writing requesting such authority or body to nominate a member of the Council.

(2) On the completion of such election of such two direct representatives or the expiration of one month from the sending of the notice mentioned in the foregoing sub-section (whichever last happens) the Minister shall communicate to the Executive Council the names of the two direct representatives so elected and the names of the members of the Council nominated by authorities and bodies other than the Executive Council and shall at the same time request the Executive Council to nominate two members of the Council.

(3) When the Executive Council has nominated two members of the Council pursuant to such request the Minister shall publish in the Iris Oifigiúil a notice declaring the Council to be established as on and from a date named in such notice and stating the names of the persons elected and nominated in pursuance of this section to be members of the Council.

(4) If any authority or body (other than the Executive Council) entitled under this Act to nominate a member of the Council fails so to do before the publication in the Iris Oifigiúil of the notice mentioned in the foregoing sub-section, such failure shall be stated in such notice but shall not invalidate or prejudice the establishment of the Council or disentitle such authority or body subsequently to nominate a member of the Council.

(5) The date to be named in the said notice published in the Iris Oifigiúil as the date for the establishment of the Council shall be subsequent to but not more than ten days subsequent to the publication of such notice and all references in this Act to the establishment of the Council as a point in time shall be construed as referring to the date so named in such notice.

9 The first meeting of the Council.

9.—(1) As soon as may be after the establishment of the Council the Minister shall by notice in writing sent by post to every member of the Council appoint a time and place for the first meeting of the Council.

(2) The Council shall meet at the time and place appointed under this section for its first meeting and shall thereupon enter on its duties under this Act and in particular shall at such meeting or as soon as may be thereafter proceed to establish the register.

10 Nomination of nominated members of the Council.

10.—(1) Not more than two months nor less than one month before every expiration of the term of office of the nominated members of the Council, the Council shall send to every authority and body entitled under this Act to nominate a member of the Council a letter notifying such authority or body of the date of such expiration and requesting such authority or body to nominate a person to become and be a member of the Council on such expiration.

(2) Every authority or body nominating a member of the Council shall, in the case of a nomination made before the establishment of the Council, communicate to the Minister and, in the case of a nomination made after such establishment, communicate to the Council in writing the name of the person so nominated by it and no such nomination shall be complete until the name of the person nominated has been so communicated to the Minister or the Council (as the case may be) by the body or authority making such nomination.

11 Elections of direct representatives.

11.—(1) The returning officer for the election of direct representatives required by this Act to be held before the establishment of the Council shall be an officer of the Minister appointed for the purpose by the Minister.

(2) Not more than three months nor less than two months before every expiration of the term of office of the direct representatives the Council shall appoint the President of the Council if he is willing to act or if he is not so willing some other member of the Council willing to act to be the returning officer for the election of two persons to become and be direct representatives on such expiration.

(3) Every returning officer appointed by the Council under this section shall immediately upon his appointment hold an election in accordance with this Act of two direct representatives and shall so hold and conduct such election that the same is completed before the commencement of the term of office of the direct representatives elected at such election.

(4) Every election of direct representatives shall be conducted in accordance with the Rules set forth in the Third Schedule to this Act and such other Rules (if any) not inconsistent therewith as the Minister shall think proper to make.

(5) Every such returning officer appointed by the Council under this section shall immediately upon the completion of the election for which he was so appointed communicate in writing to the Council the names of the direct representatives elected thereat and such other information in relation to such election as may be prescribed by regulations made by the Council.

(6) The returning officer for the election of direct representatives held before the establishment of the Council shall be entitled to the assistance of such persons as the Minister shall direct and the returning officer for every subsequent such election shall be entitled to the assistance of the officers and servants of the Council.

12 Elections to fill casual vacancies.

12.—(1) As soon as may be after the occurrence of a casual vacancy in the membership of the Council by reason of the death, resignation, or disqualification of a direct representative or of a person elected under this Act to fill the place of a direct representative the Council shall appoint the President of the Council if he is willing to act or if he is not so willing some other member of the Council willing to act to be the returning officer for the election of a person to fill such vacancy.

(2) Every returning officer appointed under this section shall immediately upon his appointment hold an election in accordance with this Act to fill the vacancy which occasioned his appointment and every such election shall be conducted in accordance with the Rules set forth in the Third Schedule to this Act and such other Rules (if any) not inconsistent therewith as the Minister shall think proper to make.

(3) Every returning officer appointed under this section shall immediately upon the completion of the election for which he was appointed communicate in writing to the Council the name of the person elected thereat and such other information in relation to such election as may be prescribed by regulations made by the Council.

(4) Every returning officer appointed under this section shall be entitled to the assistance of the officers and servants of the Council in the holding of the election for which he was appointed.

13 Meetings and procedure of the Council.

13.—(1) The Council shall fix the times and places of its meetings and every meeting of the Council subsequent to the first meeting thereof shall be held at the time and place so fixed.

(2) The procedure of the Council at its meetings and otherwise shall be conducted in accordance with the regulations in that behalf made by the Council under this Act.

(3) One-third of the members of the Council shall constitute a quorum.

(4) Every decision to be made by the Council at any meeting thereof shall be made by a simple majority of the members of the Council present at such meeting and voting on such decision.

(5) The President of the Council shall act as chairman of every meeting thereof at which he is present and in the absence of the President from any such meeting the members of the Council present at such meeting shall elect one of their number to be the chairman of such meeting.

(6) Whenever at a meeting of the Council an equal number of votes of the members of the Council present and voting is cast for and against a proposed motion or resolution the chairman of such meeting shall, in addition to his vote as a member of the Council, have a casting vote.

(7) The Council may act notwithstanding one or more vacancies in its membership.

14 Officers and servants of the Council.

14.—(1) The Council shall appoint a registrar (in this Act referred to as the registrar) and may appoint such other officers and servants as it thinks proper.

(2) The registrar and every other officer and servant of the Council shall receive such remuneration and be subject to such conditions of service as shall be determined by the Council with the approval of the Minister and the consent of the Minister for Finance.

15 The duties of the registrar.

15.—(1) It shall be the duty of the registrar to keep the register and to make therein such entries and erasures as he shall be directed by the Council by regulations made under this Act to make therein and for that purpose the Council may by such regulations delegate to the registrar such of the powers and duties of the Council under this Act in relation to the register as are of a ministerial character and do not involve the exercise of any discretion or are authorised by this Act to be so delegated.

(2) The registrar shall also act as secretary of the Council and perform such other duties and in particular such duties in relation to the preparation, printing, publication, and sale of the medical register as the Council shall direct.

16 Accounts of the Council and the audit thereof.

16.—(1) The Council shall keep in such form as shall be approved by the Minister after consultation with the Minister for Finance all proper and usual accounts of all moneys received or expended by the Council.

(2) The accounts of the Council shall be audited at least once in every year by an auditor appointed for the purpose by the Minister and the fees of such auditor shall be fixed by the Minister and such fees and also the expenses generally of such audit shall be paid by the Council.

(3) As soon as may be after every audit under this section of the accounts of the Council the Council shall cause such accounts and the auditor's certificate and report thereon to be printed, published, and put on sale either by inclusion in the volume containing the medical register or as a separate volume and shall immediately after every such publication present to the Minister and to each House of the Oireachtas a copy of such accounts and such certificate and report thereon as so printed and published.

17 Fees for attendances of members of Council at meetings.

17.—There shall be paid by the Council to the members thereof such fees for their attendances at its meetings and such travelling expenses in connection with such attendances as shall be determined by the Council with the approval of the Minister and the consent of the Minister for Finance.

18 Expenses of the Council and of the Minister.