Medical Practitioners Act, 1927

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FIRST SCHEDULE.

Agreement between Great Britain, the Irish Free State and Northern Ireland, as to the registration and control of medical practitioners.

1.—In this Agreement,

the expression “the Medical Acts” means the Medical Act, 1858 , and the Medical Act, 1886, and any Acts amending the same,

the expression “the Irish Free State Medical Council” means any Council which may hereafter be established by Act of the Oireachtas of the Irish Free State for the purpose of registering and controlling medical practitioners in the Irish Free State,

the expression “the Irish Free State Medical Register” means any register of medical practitioners which the Irish Free State Medical Council may by any such Act of the Oireachtas be required to keep,

the expression “the General Medical Council” means the Council established under the Medical Acts,

the expression “the General Register” means the Register established under the Medical Acts.

the word “formerly” shall be construed as referring to times previous to the establishment of the Irish Free State and of Northern Ireland.

2.—(1) The nomination of a member of the General Medical Council formerly made for Ireland by His Majesty with the advice of the Privy Council shall henceforth be made by His Majesty in Council on the recommendation of the Governor of Northern Ireland.

(2) The nominations of members of the General Medical Council by Universities and Medical Corporations in Ireland and the election of a member of the General Medical Council by registered medical practitioners in Ireland shall henceforth be made and had in the like manner in all respects as the same were formerly made and had.

3.—Subject to the provisions of this agreement and notwithstanding anything contained in the Government of Ireland Act, 1920, the Irish Free State Constitution Act, 1922, or the Irish Free State (Consequential Provisions) Act, 1922, or the Constitution of the Irish Free State (Saorstát Eireann) Act, 1922 , passed by the Provisional Parliament of Ireland, or the Adaptation of Enactments Act, 1922 , passed by the Oireachtas of the Irish Free State or any Order made under any of those Acts the constitution of the General Medical Council and of the several Branch Councils as formerly existing under the Medical Acts and the powers of holding qualifying examinations and granting diplomas for the purpose of registration in the General Register formerly vested in certain Universities and Medical Corporations in Ireland shall be deemed not to have been affected by the establishment of the Irish Free State or of Northern Ireland, and for the purpose of the preparation and keeping of the General Register the General Medical Council and the Branch Council for Ireland and their respective officers shall have and may exercise in relation to persons, universities, medical corporations, and matters in the Irish Free State or in Northern Ireland all such powers, jurisdictions, and authorities under the Medical Acts as the said Councils respectively and their respective officers formerly had and might exercise under the Medical Acts for that purpose in relation to persons, universities, medical corporations, and matters respectively in Ireland.

4.—Any person who is or shall be registered in the General Register shall be entitled, on payment of such fee as may from time to time be prescribed in that behalf by or in pursuance of any Act of the Oireachtas of the Irish Free State, to be registered in the Irish Free State Medical Register:

Provided that—

(a) the fee payable by such persons in respect of such registration shall at no time exceed the fee payable in respect of registration in the Irish Free State Medical Register by any other person who may be or become entitled to be registered therein, and

(b) no fee shall be payable in respect of such registration by any person who, on the date of the coming into force of the Act of the Oireachtas of the Irish Free State establishing the Irish Free State Medical Register, is registered in the General Register and applies for registration in the Irish Free State Medical Register within such time and in such manner as may be prescribed in that behalf by the said or any other Act of the said Oireachtas, and

(c) no person whose name has been erased from the Irish Free State Medical Register on account of his having been convicted of a felony, misdemeanour, crime or offence or his having been judged by the Irish Free State Medical Council to have been guilty of infamous conduct in a professional respect shall be entitled to be subsequently registered in the said Register solely by reason of his being registered in the General Register, and

(d) a person not previously registered in the Irish Free State Medical Register shall not be entitled to be registered therein if his name has been erased from the General Register on account of his having been convicted of a felony, misdemeanour, crime, or offence or his having been judged by the General Medical Council to have been guilty of infamous conduct in a professional respect.

5.—The Medical Acts shall be amended so as to provide that, in the event of a new university being at any time hereafter created in the Irish Free State by Act of the Oireachtas of the Irish Free State with power to hold qualifying examinations in medicine, surgery, and midwifery for the purpose of granting medical diplomas conferring the right of registration in the Irish Free State Medical Register, such qualifying examinations may be qualifying examinations within the meaning of the Medical Act, 1886, and any such diploma so granted by such new university shall, upon such examinations becoming qualifying examinations as aforesaid, be regarded as conferring on the possessor thereof the right of registration in the General Register as fully as if such new university had been such a university as is mentioned in sub-section (i) of section 3 of the Medical Act, 1886, and the provisions of Part I of that Act relating to qualifying examinations and to medical diplomas shall be read and have effect accordingly.

6.—(1) With a view to preventing the holding of simultaneous inquiries—

(a) the General Medical Council shall report to the Irish Free State Medical Council every case in which they propose, in connection with the exercise of their disciplinary powers, to hold an inquiry into the conduct in Great Britain or in Northern Ireland of any person registered in the Irish Free State Medical Register, and the Irish Free State Medical Council shall report to the General Medical Council every case in which they propose, in connection with the exercise of their disciplinary powers, to hold an inquiry into the conduct in the Irish Free State of any person registered in the General Register:

(b) the General Medical Council, upon receipt by them of any such report as aforesaid from the Irish Free State Medical Council, shall have regard to the desirability of postponing inquiry by them into the matter to which such report relates until the inquiry to which such report relates by the Irish Free State Medical Council is completed:

(c) the Irish Free State Medical Council, upon receipt by them of any such report as aforesaid from the General Medical Council, shall have regard to the desirability of postponing inquiry by them into the matter to which such report relates until the inquiry to which such report relates by the General Medical Council is completed.

(2) The General Medical Council shall report to the Irish Free State Medical Council every case in which disciplinary action resulting in erasure from the General Register is taken by them against a person registered in the Irish Free State Medical Register, and the Irish Free State Medical Council shall report to the General Medical Council every case in which disciplinary action resulting in erasure from the Irish Free State Medical Register is taken by them against a person registered in the General Register.

7.—His Majesty's Governments in Great Britain and the Irish Free State respectively shall as soon as possible introduce into their respective Parliaments such legislation as may be necessary to give statutory effect to this Agreement, and this Agreement shall not take effect until such legislation in both such Parliaments shall have been passed into law.