CO129-205 - Public Offices - 1882 — Page 25

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A.D. 1879.

c. 33.

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Medical Act, 1858, Amendment. [42 VICT.]

Takes or uses the designation of physician, surgeon, apothecary, or doctor, or of any medical diploma, or any designation or description used to distinguish registered practitioners of medicine or surgery, or of a branch of medicine or surgery, or any medical or surgical designation or descrip- 5 tion, or any designation or description implying that he is qualified to practise medicine or surgery or a branch of medicine or surgery;

such person shall for every such offence be liable, on summary conviction, to a fine not exceeding twenty pounds;

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Provided that a person shall not be liable to such fine- (1.) If he shows that he is not ordinarily resident in the United Kingdom, and holds a medical diploma which entitles him to practise in a British possession or foreign country, and did not represent himself to be registered in the medical 15 register; or

(2.) If he shows that he has been registered and continues to be entitled to be registered in the medical register, but that his name has been erased therefrom on the ground only that he has ceased to practise.

If a person, whether registered or not in the medical register, wilfully takes or uses the designation of any medical diploma which he does not possess he shall for every such offence be liable on summary conviction to a fine not exceeding twenty pounds.

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If a person not for the time being registered in the medical 25 register gives any certificate which, under the Medical Act 1858 is invalid unless signed by a person so registered, he shall be liable on summary conviction to a fine not exceeding twenty pounds.

A prosecution for an offence under this section shall not be in- stituted by a private person, except with the consent of the General 30 Medical Council or of some branch medical council, but may be in- stituted by the General Medical Council, by a branch medical council, or by a medical authority, if such Council or authority think fit.

This section shall not prevent a person registered in the dentists 35 41 & 42 Vict. register under the Dentists Act, 1878, from taking or using the designation of dentist, or of licentiate in dentistry or in dental surgery, or of certified dentist, and shall not prevent a person from using the designation of midwife, nor if such person lawfully holds a license in midwifery of, or a certificate of fitness to practise 40 as a midwife from, any of the medical authorities, from taking or using the designation of licentiate in midwifery or certified midwife,

[42 VICT.]

Medical Act, 1858, Amendment.

15

and shall not impose a fine on any such person as aforesaid for taking A.D. 1879. or using such designation as he is hereby declared not to be pre- vented from taking or using.

Miscellaneous.

25. All powers vested in the Privy Council by the Medical Acts Exercise of 1858 to 1879 may be exercised by an order of any two or more of the powers of

Privy Lords and others of Her Majesty's most honourable Privy Council, Council

Any order made by the Privy Council on any appeal to them under this Act, may be made conditionally or unconditionally, and 10 may contain such terms and directions as to the Privy Council

seem just.

duties of

26. The General Medical Council may, if they think fit, delegate Execution of

any

of their powers and duties, except the power of making a repre- Goneral sentation to the Privy Council, and except any power with respect Medical

15 to the exercise of which there is an appeal to the Privy Council, to Council,

a branch council or to a committee of their own number, subject

to such approval by the General Medical Council of the proceedings of the branch council or committee or such other control as the General Medical Council think fit; and the provisions of this Act

20 with respect to a committee appointed with reference to the erasure of a name from the register shall, so far as applicable, and subject to any directions to the contrary given by the General Medical Council, apply to a committee appointed in pursuance of this section.

A Branch Council and also a committee of the General Medical

25 Council may, subject to any directions given by the General Medical Council, delegate, if they think fit, any of the powers and duties vested in them to a sub-committee of their own number.

27. Any offence under this Act which may be prosecuted on Prosecution summary conviction, and any fine under this Act recoverable on

of offences

and recovery

30 summary conviction, may be prosecuted and recovered in like of fines.

manner as an offence and penalty under the Medical Act, 1858.

Provided that any information in relation to such offence or penalty shall in England be beard and determined by two or more justices sitting at some court or other public place at which justices 35 are for the time being accustomed to assemble for holding special or petty sessions, or by some magistrate or officer sitting alone or with others at some police or open court or other place appointed for the public administration of justice and for the time being empowered by law to do alone any act authorised to be done by 40 more than one justice of the peace.

[121.]

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