Medical Act 1950

JurisdictionUK Non-devolved


Medical Act , 1950

(14 Geo. 6) CHAPTER 29

An Act to amend the Medical Acts, and for purposes connected therewith.

[28th July 1950]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Experience required for registration

Experience required for registration

S-1 Full registration in medical register not to be granted without proof of experience.

1 Full registration in medical register not to be granted without proof of experience.

1. On or after the appointed day a person shall not become registered, otherwise than in pursuance of the Medical Practitioners and Pharmacists Act, 1947, or by way of provisional registration, unless—

a ) in the case of a person claiming registration by virtue of a qualifying diploma other than a Commonwealth or foreign diploma, it is certified under the next following section that he has had the experience specified in that section, or
b ) in the case of a person claiming registration by virtue of a Commonwealth or foreign diploma, the Council are satisfied that he has had such experience as is specified in section four of this Act
S-2 Certificate of experience in approved hospital.

2 Certificate of experience in approved hospital.

(1) A certificate for the purposes of paragraph (a ) of the foregoing section shall not be granted in respect of any person unless after passing a qualifying examination he has been engaged in employment in a resident medical capacity in one or more approved hospitals or approved institutions for such period as may be prescribed by regulations of the Council approved by order of the Privy Council.

(2) A person satisfying the condition specified in the last foregoing subsection may apply for a certificate under this section to the body granting the qualifying diploma by virtue of which he claims registration, and if that body are satisfied—

(a ) that during the time the applicant has been so employed as aforesaid he has been engaged for such period or minimum period as may by regulations of the Council be prescribed in medicine, and for such period or minimum period as may be so prescribed in surgery; and

(b ) that his service while so employed has been satisfactory,

they shall grant, in such form as may be so prescribed, a certificate that they are so satisfied.

(3) Time during which an applicant, while employed as mentioned in subsection (1) of this section, has been engaged in midwifery, not exceeding such period as may be prescribed by regulations of the Council, shall be counted for the purposes of paragraph (a ) of the last foregoing subsection either as time spent in medicine or as time spent in surgery, as the applicant may elect.

(4) Where during any period of such employment as is referred to in subsection (1) of this section an applicant who has been engaged in medicine has also been engaged in surgery or in midwifery or both, or an applicant who has been engaged in surgery has also been engaged in midwifery, the period shall be apportioned for the purposes of the foregoing provisions of this section in such manner as may be determined by the body granting the qualifying diploma by virtue of which the applicant claims registration.

(5) In this section—

the expression ‘approved’, in relation to a hospital or institution, means approved for the time being for the purposes of this section by any university or other corporation empowered to grant a qualifying diploma, not being a Commonwealth or foreign diploma, and

references to employment in a resident medical capacity shall be construed as references to employment in the practice of medicine, surgery or midwifery, where the person in question is resident in the hospital or institution where he is employed or conveniently near thereto, and is by the terms of his employment required to be so resident.

(6) In relation to a person claiming registration by virtue of a diploma granted on passing a qualifying examination held by two or more bodies jointly, the references in this section to the body granting the qualifying diploma shall be construed as references to the bodies by whom the qualifying examination was held, acting jointly.

(7) Subject to the provisions of the last foregoing subsection, a person holding two or more qualifying diplomas shall be treated for the purposes of this section as claiming registration by virtue of such one of those diplomas as he may choose.

S-3 Special provisions as to employment in Health centers.

3 Special provisions as to employment in Health centers.

(1) For the purposes of the last foregoing section the expression ‘institution’ includes a health centre if, and only if, it is a centre provided under section twenty-one of the National Health Service Act, 1946, section fifteen of the National Health Service (Scotland) Act, 1947, or section seventeen of the Health Services Act (Northern Ireland), 1948.

(2) Employment in such a centre shall not be treated as employment for the purposes of the last foregoing section unless it is either—

(a ) employment by a registered medical practitioner in the provision of general medical services under Part IV of the said Act of 1946, Part IV of the said Act of 1947 or Part II of the said Act of 1948, or

(b ) employment in the provision of such out-patient services as are mentioned in paragraph (e ) of subsection (1) of section twenty-one of the said Act of 1946 or paragraph (d ) of subsection (1) of section fifteen of the said Act of 1947, or such out-patient services, other than supplementary eye services, as are mentioned in paragraph (b ) of subsection (1) of section seventeen of the said Act of 1948.

(3) The Council may by regulations provide that the period of employment in a health centre which may be reckoned towards the completion of any of the periods mentioned in paragraph (a ) of subsection (2) of the last foregoing section shall not exceed such period as may be specified in the regulations.

S-4 Experience required for holders of Commonwealth or foreign diplomas.

4 Experience required for holders of Commonwealth or foreign diplomas.

4. The matters as to which the Council must be satisfied for the purposes of paragraph (b ) of section one of this Act are—

a ) that the person claiming registration has been employed as mentioned in subsection (1) of section two of this Act and has satisfied the conditions specified in paragraphs (a ) and (b ) of subsection (2) thereof; or
b ) that the said person has rendered satisfactory service in an appointment or appointments (whether within or outside His Majesty's dominions) such as in the opinion of the Council confer experience of the practice of medicine and surgery, or medicine, surgery and midwifery not less extensive than that required for a certificate under section two of this Act; or
c ) that the said person has otherwise acquired such experience as aforesaid
S-5 Replacement, in cases of physical disability, of surgical experience by additional medical experience.

5 Replacement, in cases of physical disability, of surgical experience by additional medical experience.

(1) Where on an application in that behalf a person satisfies the Council that by reason of lasting physical disability he will be or has been prevented from embarking on, or completing, any period of experience of the practice of surgery or midwifery required for the purposes of any of the foregoing provisions of this Act, the Council may if they think fit direct that the applicant may for those purposes count in lieu thereof experience of the practice of medicine (in addition to what would otherwise be required in his case by the said provisions) acquired in the like manner and for the like period or, as the case may be, for so much of that period as will have remained uncompleted.

(2) Where the Council give a direction under this section they shall give notice of the direction to the body granting the qualifying diploma to the person to whom the direction relates.

(3) Subsections (6) and (7) of section two of this Act shall apply for the purposes of this section as they apply for the purposes of that section.

S-6 Provisional registration.

6 Provisional registration.

(1) The following provisions shall have effect for enabling persons desirous of obtaining certificates under section two of this Act, or of satisfying the Council of the matters specified in paragraph (a of the said section two.

(2) Any person who applies to the appropriate registrar shall, if apart from this Act he would be entitled to be registered and he produces evidence satisfactory to the registrar that he has been selected for such employment as is mentioned in subsection (1) of section two of this Act, be entitled on payment of the appropriate fee to be provisionally registered.

(3) Persons provisionally registered shall be deemed to be registered so far as is necessary—

(a ) to enable them to be employed as mentioned in subsection (1) of section two of this Act,

(b ) in order that the provisions of this Act relating expressly to provisional registration and the provisions specified in the First Schedule to this Act may be applicable in their case, and

(c ) for the purpose of any such enactment or instrument, or such other purposes, as the Privy Council may by order prescribe,

but not further.

(4) In section forty of the Medical Act, 1858 (which among other things makes it an offence falsely to pretend to be registered) for the words ‘under this Act’ there shall be substituted the words ‘under the Medical Acts or provisionally so registered by virtue of section six of the Medical Act, 1950’.

(5) The Council shall so exercise their power of making orders for regulating the registers to be kept under the Medical Acts as to secure that persons provisionally registered shall...

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