Medical Practitioners Act, 1927

Representation by Council as to standard of knowledge at qualifying examinations.

42.—(1) If at any time it appears to the Council either as a result of a report made to it by an inspector of examinations or otherwise that the standard of theoretical or practical knowledge in medicine, surgery or midwifery or in any of those subjects or any branch thereof required at any qualifying examination is not such as to guarantee the possession by persons to whom a qualifying diploma is or may be given as a result of such examination of the knowledge and skill requisite for the efficient practice of medicine, surgery, and midwifery, the Council may make a representation in writing under its seal to that effect to the Executive Council and shall send by registered post such representation to the Minister.

(2) The Council shall send by registered post a copy of every such representation to the body or all the bodies by which the qualifying examination to which such representation relates is held, and such body or any of such bodies may make such observations thereon as it may think fit and may forward such observations to the Minister.

(3) The Minister shall lay before the Executive Council every representation sent to him by the Council under this section together with the observations (if any) made thereon by the body or any of the bodies by which the qualifying examination to which such representation relates is held.

(4) The Executive Council shall consider every representation and the observations (if any) thereon laid before them under this section and, if satisfied after such consideration that the standard of knowledge required at the qualifying examination to which such representation relates is not such as to guarantee the possession by persons to whom a qualifying diploma is or may be granted as a result of such examination of the knowledge requisite for the efficient practice of medicine, surgery, and midwifery, the Executive Council may by order declare that such examination shall cease to be a qualifying examination.

(5) Upon an order being made under this section by the Executive Council the examination to which such order relates shall forthwith cease for so long as such order remains in force to be a qualifying examination.

(6) The member of the Council nominated under this Act by a body to whom an order made under this section by the Executive Council relates shall while such order remains in force cease to be a member of the Council and such body shall not while such order remains in force nominate any person to be a member of the Council.

(7) The Executive Council may at any time, if it thinks fit so to do, by order revoke an order made under this section and upon such order of revocation being made the order so revoked shall as from the date of such order of revocation cease to be in force but no such order of revocation shall be made save either on the application of the Council and after reasonable notice to the body or all the bodies to which the order proposed to be revoked relates and consideration of the observations (if any) made by such body or bodies or on the application of such body or bodies and after reasonable notice to the Council and consideration of the observations (if any) made by the Council.