Medical Practitioners Act, 1978

Persons entitled to be registered in the Register of Medical Specialists.

31.—(1) Subject to the provisions of this Act, the following persons, who comply with the conditions specified in subsection (2) of this section, shall be entitled to be registered in the Register of Medical Specialists, that is to say—

(a) every registered medical practitioner who, prior to the establishment of that register, has, in the opinion of the Council, completed his specialist training in a specialty recognised by the Council pursuant to section 38 (1) of this Act,

(b) every registered medical practitioner who following the establishment of that register, is granted evidence of satisfactory completion of specialist training by a body recognised by the Council pursuant to section 38 (3) of this Act,

(c) every national of a Member State who possesses a diploma, certificate or other evidence of formal qualification in specialised medicine recognised by the Council and awarded 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, and

(d) any person who satisfies the Council that he has completed a programme of training in specialised medicine of a standard considered by the Council to be adequate.

(2) Before any person is registered in the Register of Medical Specialists, he shall—

(a) be fully registered in the register,

(b) apply for registration in the Register of Medical Specialists in the form and manner determined by the Council, and

(c) pay such fee as may be determined by the Council including, if he applies for registration in more than one division of the Register of Medical Specialists, a separate fee in respect of each such registration.

(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.