Medical Act 1886
| Jurisdiction | UK Non-devolved |
| Citation | 1886 c. 48 |
Medical Act, 1886
(49 & 50 Vict.) CHAPTER 48.
An Act to amend the Medical Acts.
[25th June 1886]
B E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Tempora, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 Short title and construction.
1. This Act may be cited as theMedical Act, 1886, and shall be construed as one with the Medical Acts.
PART I.
General Council.Admission to Medical Practice and Constitution of
Qualifying Examinations.
2 Examination before registration.
2. On and after the appointed day a person shall not be registered under the Medical Acts in respect of any qualification referred to in any of those Acts, unless he has passed such qualifying examination in medicine, surgery, and midwifery, as is in this Act mentioned.
3 Qualifying examinations held by medical authorities.
(1)3.—(1.) A qualifying examination shall be an examination in medicine, surgery, and midwifery held, for the purpose of granting a diploma or diplomas conferring the right of registration under the Medical Acts, by any of the following bodies, that is to say:—
(a .) Any university in the United Kingdom or any medical corporation, legally qualified at the passing of this Act to grant such diploma or diplomas in respect of medicine and surgery; or
(b .) Any combination of two or more medical corporations in the same part of the United Kingdom who may agree to hold a joint examination in medicine, surgery, and midwifery, and of whom one at least is capable of granting such diploma as aforesaid in respect of medicine, and one at least is capable of granting such diploma in respect of surgery; or
(c .) Any combination of any such university as aforesaid with any other such university or universities, or of any such university or universities with a medical corporation or corporations, the bodies forming such combination being in the same part of the United Kingdom.
(2) (2.) The standard of proficiency required from candidates at the said qualifying examinations shall be such as sufficiently to guarantee the possession of the knowledge and skill requisite for the efficient practice of medicine, surgery, and midwifery; and it shall be the duty of the General Council to secure the maintenance of such standard of proficiency as aforesaid; and for that purpose such number of inspectors as may be determined by the General Council shall be appointed by the General Council, and shall attend, as the General Council may direct, at all or any of the qualifying examinations held by any of the bodies aforesaid.
(3) (3.) Inspectors of examinations appointed under this section shall not interfere with the conduct of any examination, but it shall be their duty to report to the General Council their opinion as to the sufficiency or insufficiency of every examination which they attend, and any other matters in relation to such examination which the General Council may require them to report; and the General Council shall forward a copy of every such report to the body or to each of the bodies which held the examination in respect of which the said report was made, and shall also forward a copy of such report, together with any observations thereon made by the said body or bodies, to the Privy Council.
(4) (4.) An inspector of examinations appointed under this section shall receive such remuneration, to be paid as part of the expenses of the General Council, as the General Council, with the sanction of the Privy Council, may determine.
4 Withdrawal from medical authorities of right to hold qualifying examinations.
(1)4.—(1.) If at any time it appears to the General Council that the standard of proficiency in medicine, surgery, and midwifery, or in any of those subjects or any branch thereof, required from candidates at the qualifying examinations held by any of the bodies for the time being holding such examinations is insufficient, the General Council shall make a representation to that effect to the Privy Council, and the Privy Council, if they think fit, after considering such representation, and also any objections thereto made by any body or bodies to which such representation relates, may by order declare that the examinations of any such body or bodies shall not be deemed to be qualifying examinations for the purpose of registration under the Medical Acts; and Her Majesty, with the advice of Her Privy Council, if upon further representation from the General Council or from any body or bodies to which such order relates it seems to Her expedient so to do, shall have power at any time to revoke any such order.
(2) (2.) During the continuance of any such order the examinations held by the body or bodies to which it relates shall not be deemed qualifying examinations under this Act, and any diploma granted to persons on passing such examinations shall not entitle such persons to be registered under the Medical Acts, and any such body shall not choose either separately or collectively with any other body a member of the General Council; and the member (if any) for the time being representing such body in the General Council shall, unless he was chosen by such body collectively with any other body not subject to an order under this section, be suspended from taking part in the proceedings of the General Council.
5 Qualifying examinations held by medical corporation, with assistant examiners.
(1)5.—(1.) If a medical corporation represents to the General Council that it is unable to enter into such combination as is in this Act mentioned for the purpose of holding qualifying examinations, and the General Council are satisfied that the said medical corporation has used its best endeavours to enter into such combination as aforesaid, and is unable to do so on reasonable terms, it shall be lawful for the General Council from time to time, if they think fit, on the application of such corporation, to appoint any number of examiners to assist at the examinations which are held by such corporation for the purpose of granting any diploma or diplomas conferring on the holders thereof, if they have passed a qualifying examination, the right of registration under the Medical Acts.
(2) (2.) It shall be the duty of the said assistant examiners to secure at the said examinations the maintenance of such standard of proficiency in medicine, surgery, and midwifery as is required under the foregoing provisions of this Act from candidates at qualifying examinations, and for that purpose the said assistant examiners shall have such powers and perform such duties in the conduct of those examinations as the General Council may from time to time by order prescribe; and any examination held subject to the provisions of this section shall be deemed to be a qualifying examination within the meaning of this Act.
(3) (3.) Assistant examiners appointed under this section shall receive such remuneration, to be paid by the medical corporation at whose examinations they take part, as the General Council determine.
(4) (4.) A medical corporation shall have power to admit to its examinations assistant examiners appointed under this section, and to conduct its examinations in accordance with the requirements of this section and of any orders made thereunder, anything in any Act or charter relating to such corporation to the contrary notwithstanding.
Effect of Registration.
6 Privileges of registered persons.
6. On and after the appointed day a registered medical practitioner shall, save as in this Act mentioned, be entitled to practise medicine, surgery, and midwifery in the United Kingdom, and (subject to any local law) in any other part of Her Majesty's dominions, and to recover in due course of law in respect of such practice any expenses, charges in respect of medicaments or other appliances, or any fees to which he may be entitled, unless he is a fellow of a college of physicians, the fellows of which are prohibited by byelaw from recovering at law their expenses, charges, or fees, in which case such prohibitory byelaw, so long as it is in force, may be pleaded in bar of any legal proceeding instituted by such fellow for the recovery of expenses, charges, or fees.
Constitution of General Council.
7 Members of General Council.
(1) After the passing of this Act the General Council shall consist of the following members, that is to say:
Five persons nominated from time to time by Her Majesty, with the advice of Her Privy Council, three of whom shall be nominated for England, one for Scotland, and one for Ireland:
One person chosen from time to time by each of the following bodies:—
The Royal College of Physicians of London;
The Royal College of Surgeons of England;
The Apothecaries Society of London;
The University of Oxford;
The University of Cambridge;
The University of London;
The University of Durham;
The Victoria University, Manchester;
The Royal College of Physicians of Edinburgh;
The Royal College of Surgeons of Edinburgh;
The Faculty of Physicians and Surgeons of Glasgow;
The University of Edinburgh;
The University of Glasgow;
The University of Aberdeen;
The University of St. Andrews;
The King's and Queen's College of Physicians in Ireland;
The Royal College of Surgeons in...
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