LegalizeMEDICAL PRACTITIONERS ACT, 1978
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
13 amending acts · 2007-05-07, Medical Practitioners Act 2007
58.—Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a person who is registered in the register.
59 Persons entitled to sign medical certificates.
59.—Every certificate which is required for any purpose by or under any Act for the time being in force (whether passed before or after this Act) to be signed by any physician, surgeon, licentiate in medicine and surgery or other medical practitioner shall on or after the establishment of the register be signed by a person who is registered in the register and no such certificate signed on or after the establishment of the register by a person who is not so registered shall be of any validity or effect.
60 Prohibition of recovery of fees for medical services by unregistered persons.
60.—On and after the establishment of the register, no person shall be entitled to recover in any legal proceedings any fee or charge for or on account of any medical or surgical advice or attendance given by him, or any surgical operation performed by him, or any medicines both prescribed and supplied by him, unless such person was registered in the register at the date on which such advice or attendance was given or such operation was performed or such medicines were prescribed and supplied, as the case may be.
61 Offences and penalties in relation to the register.
61.—(1) It shall be an offence for a person to—
- (a) make any false declaration or misrepresentation for the purpose of obtaining registration in any register maintained by the Council under this Act or to aid and abet the making of any such false declaration or misrepresentation, or
- (b) falsely represent himself to be a registered medical practitioner when he is not so registered.
- (2) A person who contravenes the provisions of subsection (1) of this section shall be liable on summary conviction to a fine not exceeding five hundred pounds or to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment.
62 Functions in relation to Directives adopted by the Council of the European Communities.
62.—The Council shall carry out such functions as may be assigned to it from time to time by the Minister in relation to the implementation of any Directive adopted by the Council of the European Communities relating to the practice of medicine.
63 Assignment to the Council of additional functions.
63.—The Council shall carry out such functions, other than functions assigned to it by this Act, as may be assigned to it from time to time by the Minister in relation to medical education and training or other matters relating to the practice of medicine and the persons engaged in such practice.
64 References in enactments etc. to Medical Registration Council.
64.—Every reference to the Medical Registration Council contained in any other enactment or any statutory instrument shall be construed as a reference to the Council.
65 Regulations.
65.—(1) The Minister may make regulations for the purposes of giving effect to any of the provisions of this Act.
- (2) Every regulation, other than a regulation made under section 9 (2) of this Act, made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either House of the Oireachtas within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
66 Regulations regarding adaptations.
66.—The Minister may by regulations make in respect of any statute, order or regulation in force at the passing of this Act and relating to any matter or thing dealt with or affected by this Act, any adaptation or modifications which appear to him to be necessary to enable such statute, order or regulation to have effect in conformity with this Act.
67 Continuance in force of certain orders.
67.—Notwithstanding the repeal of the Medical Practitioners Act, 1927, effected by this Act, any order made under section 26 of that Act shall continue in force and effect until such time as it may be terminated by an order made by the Government under this section.
68 Continuance in force of agreement.
68.—(1) Notwithstanding the repeal of the Medical Practitioners Act, 1927, effected by this Act, the agreement specified in the First Schedule to that Act shall continue to have full force and effect until such time as the Minister, by order made under this section, declares that, pursuant to an agreement made between the Government and the Government of the United Kingdom, the said agreement shall cease to have effect.
- (2) An order made by the Minister under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary.
69 General advisory functions of the Council.
69.—(1) It shall be a function of the Council to advise the Minister, either at the request of the Minister or on its own initiative, on all matters relating to the functions assigned to the Council under this Act.
- (2) It shall be a function of the Council to give guidance to the medical profession generally on all matters relating to ethical conduct and behaviour.
- (3) It shall be a function of the Council to inform the public on all matters of general interest relating to the functions of the Council.
FIRST SCHEDULE Enactments Repealed
| Number and Year | Short Title |
| (1) | (2) |
| No. 25 of 1927 | Medical Practitioners Act, 1927 |
| No. 29 of 1951 | Medical Practitioners Act, 1951 |
| No. 1 of 1955 | Medical Practitioners Act, 1955 |
| No. 26 of 1961 | Medical Practitioners Act, 1961 |
SECOND SCHEDULE Rules in relation to Membership and Meetings of Comhairle na nDochtuiri Leighis (The Medical Council)
Tenure of Office
Subject to the provisions of this Schedule in relation to the filling of casual vacancies, every member of the Council shall hold office, unless he sooner dies, resigns or becomes disqualified, for a period of five years.
No person shall hold office as a member of the Council for more than two consecutive terms of five years.
Resignations and Termination of Membership
The Minister may at any time terminate the appointment of a member of the Council who was appointed by him.
A member of the Council may resign his membership by giving notice in writing signed by him to the Council, but the resignation shall not become effective until the meeting of the Council next held after receipt of the notice of resignation.
The membership of the Council of a person appointed by election shall terminate on his ceasing to be a registered medical practitioner engaged in the practice of medicine.
Casual Vacancies
(a) Whenever a casual vacancy occurs among the members of the Council, other than those appointed by election, the Council shall forthwith notify the body or authority which appointed such person and that body or authority shall, as soon as is convenient, appoint a person to fill such vacancy and any person so appointed shall serve as a member of the Council for such period as is unexpired of the term of office of the person whom he replaces.
- (b) Whenever a casual vacancy occurs among the members of the Council appointed by election, the Council, after consultation with the Minister, shall co-opt a person who would, pursuant to the provisions of this Act, be eligible for election to fill such vacancy and any person so co-opted shall serve as a member of the Council for such period as is unexpired of the term of office of the person whom he replaces.
Quorum
The quorum for a meeting of the Council shall be seven; provided that, in the case of a meeting of the Council where the matter of the erasure of the name of a registered medical practitioner from any register maintained by the Council, or the matter of the suspension of a registered medical practitioner from any such register, or the matter of the attachment of conditions to the continued registration of a registered medical practitioner, is on the agenda, the quorum shall be ten.
Meetings
The Council shall hold at least four meetings in every year and may hold such other meetings as may be necessary for the performance of its duties.
President and Vice-President
(1) The Council shall, from time to time, elect one of its members to be President of the Council and another of its members to be Vice-President of the Council.
- (2) A President and Vice-President of the Council, as the case may be, shall each hold office as such for such term as may be specified by the Council at the time of his appointment unless—
- (a) he ceases to be, or becomes disqualified from being, a member of the Council,
- (b) he resigns the office of President or Vice-President, as the case may be, and his resignation becomes effective under this paragraph,
- (c) the Council by a resolution, for which not less than two-thirds of the members of the Council vote, and of the intention to propose which not less than seven days notice is given to every member of the Council, terminates his appointment as President or Vice-President.
- (3) A President or Vice-President of the Council may at any time resign his office as such by giving notice in writing signed by him to the Council, but the resignation shall not become effective until the meeting of the Council next held after the receipt by the Council of the notice of resignation.
- (4) Whenever, at an election of the President or Vice-President of the Council, there is an equality of votes for two or more persons, it shall be determined by lot which of those persons shall be President or Vice-President, as the case may be.
Proceedings at Meetings
The proceedings of the Council shall not be invalidated by any vacancy or vacancies among its members or by any defect in the appointments to the Council or in the qualifications of any member thereof.
The President, or in his absence, the Vice-President of the Council may convene a meeting of the Council on his own initiative or when he is requested so to do by a requisition signed by not less than six members of the Council.
(1) If the President, or in his absence the Vice-President, of the Council refuses to convene a meeting of the Council after a requisition for that purpose signed by not less than six members of the Council has been presented to him, any three members of the Council may forthwith convene a meeting of the Council.
- (2) If the President, or in his absence the Vice-President, of the Council, without so refusing, does not, within seven days after the presentation of a requisition for that purpose signed by not less than six members of the Council, convene a meeting of the Council, any three members of the Council may, on the expiration of those seven days, convene a meeting of the Council.
At least three clear days before every meeting of the Council, notice, signed by the President or Vice-President of the Council, as the case may be, or, if the meeting is convened by members of the Council, by such members, of the time and place of the meeting shall be sent to every member, of the Council: if the meeting is convened by members of the Council, the notice convening the meeting shall specify the business to be transacted thereat.
At a meeting of the Council—
- (a) the President of the Council shall, if he is present, be the chairman,
- (b) if and so long as the President of the Council is not present, or if the office of President is vacant, the Vice-President of the Council shall, if he is present, be the chairman,
- (c) if and so long as the President of the Council is not present or the office of President is vacant and the Vice-President of the Council is not present or the office of Vice-President is vacant, the members of the Council who are present shall elect one of their number to be chairman of that meeting.
Minutes of the proceedings of all meetings of the Council shall be drawn up and entered in a book kept for that purpose and such minutes shall be signed by the chairman of the next ensuing meeting.
The names of all members present at a meeting of the Council shall be recorded in the minutes of the proceedings of the meeting.
Subject to Articles 7 and 9 (4) of this Schedule, all acts of the Council and all questions coming or arising before the Council may be done and decided by a majority of such members of the Council as are present and vote in relation to the act or matter at a meeting of the Council duly convened according to law.
In the case of equality of votes on any question arising at a meeting of the Council (other than the election of the President or the Vice-President) the chairman of that meeting shall have a second or casting vote.
Save as is otherwise provided by any enactment, including this Act, the Council may make standing orders for the regulation of its proceedings, and may amend or revoke such standing orders.
THIRD SCHEDULE Rules in Relation to An Bord Miochaine agus Deidliachta Iarcheime (The Postgraduate Medical and Dental Board).
Tenure of Office
Subject to the provisions of this Schedule in relation to the filling of casual vacancies, every member of the Board shall hold office, unless he sooner dies, resigns or becomes disqualified, for a period of five years.
Resignations and Termination of Membership
The Minister may at any time terminate the appointment of a member of the Board.
A member of the Board may resign his membership by giving notice in writing signed by him to the Minister, but the resignation shall not become effective until the meeting of the Board next held after receipt of the notice of resignation.
Casual Vacancies
Whenever a casual vacancy occurs among the members of the Board, the Board shall, with the consent of the Minister, as soon as is convenient, appoint a person to fill such vacancy and any person so appointed shall serve as a member of the Board for such period as is unexpired of the term of office of the person whom he replaces.
Quorum
The quorum for a meeting of the Board shall be seven.
Chairman and Vice-Chairman
(1) The Board shall, from time to time, appoint one of the members of the Board to be Chairman of the Board and another of its members to be Vice-Chairman of the Board.
- (2) A Chairman and Vice-Chairman of the Board, as the case may be, shall each hold office as such for such term as may be specified by the Board at the time of his appointment unless—
- (a) he ceases to be a member of the Board,
- (b) he resigns the office of Chairman or Vice-Chairman, as the case may be, and his resignation becomes effective under this paragraph.
- (3) A Chairman or Vice-Chairman of the Board may at any time resign his office as such by giving notice in writing signed by him to the Board, but the resignation shall not become effective until the meeting of the Board next held after the receipt by it of the notice of resignation.
Proceedings at Meetings
Subject to Article 5 of this Schedule, all acts of the Board and all questions coming or arising before the Board may be done and decided by a majority of such members of the Board as are present and vote in relation to the act or matter at a meeting of the Board duly convened according to law.
FOURTH SCHEDULE Primary Qualifications
Bachelor of Medicine and Bachelor of Surgery of the National University of Ireland.
Bachelor of Medicine and Bachelor of Surgery of the University of Dublin.
Licentiate of the Royal College of Physicians of Ireland and Licentiate of the Royal College of Surgeons in Ireland.
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