Medical Practitioners Act, 1978

Persons entitled to be registered in the register.

27.—(1) Subject to the provisions of this Act, every person whose name, at the date of the establishment of the register, is entered in the Register of Medical Practitioners maintained by the Medical Registration Council pursuant to the Medical Practitioners Acts, 1927 to 1961, shall be registered in the register.

(2) Any person who—

(a) immediately before the establishment of the register was entitled to be registered in accordance with the Medical Practitioners Acts, 1927 to 1961, and was not so registered, or

(b) following the establishment of the register, is awarded any of the primary qualifications specified in the Fourth Schedule to this Act, or

(c) is a national of a Member State and has been awarded a qualification in medicine by a competent body or authority designated for that purpose by a Member State, pursuant to any Directive adopted by the Council of the European Communities, or

(d) satisfies the Council that he has undergone such courses of training and passed such examinations as are specified for the purposes of this section in rules made by the Council, or

(e) any person entitled to be registered pursuant to an order made under section 26 of the Medical Practitioners Act, 1927,

shall, on making application in the form and manner determined by the Council and on payment of the appropriate fee, be registered in the register.

(3) Nothing in this section shall operate to prevent the Council from refusing to register the name of any person, who is otherwise entitled to be registered, on the grounds of the unfitness of that person to engage in the practice of medicine.

(4) On making a decision under subsection (3) of this section, the Council shall forthwith send by pre-paid post to the person to whom the decision relates a notice in writing stating the decision, the date thereof and the reasons therefor.

(5) A person to whom a decision under subsection (3) of this section relates may, within the period of two months, beginning on the date of the decision, apply to the High Court for cancellation of the decision and if he so applies, the High Court, on the hearing of the application may either—

(a) declare that it was proper for the Council to make the decision, or

(b) cancel the decision and direct the Council to register the name of the person making the application.