Medical Act 1956
| Jurisdiction | UK Non-devolved |
| Citation | 1956 c. 76 |
| Year | 1956 |
Medical Act , 1956
(4 & 5 Eliz. 2) CHAPTER 76
An Act to consolidate certain enactments relating to medical practitioners with corrections and improvements made under the Consolidation of Enactments (Procedure) Act, 1949.
B E it enacted by the Queen'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:—
Part I
The General Medical Council and the Branch Councils
1 The General Medical Council.
(1) There shall continue to be a council, called the General Medical Council, consisting, subject to the provisions of this Act, of—
(a ) eight members (hereinafter referred to as ‘nominated members’) nominated by Her Majesty,
(b ) twenty-eight members (hereinafter referred to as ‘appointed members’) chosen by the bodies hereinafter mentioned, and
(c ) eleven members (hereinafter referred to as ‘elected members’) elected by medical practitioners as hereinafter provided.
(2) The said council (hereinafter referred to as ‘the General Council’) shall be a body corporate by the name of the General Medical Council, having perpetual succession and a common seal with power to hold land for the purposes of this Act without licence in mortmain.
(3) The provisions in that behalf of the First Schedule to this Act shall have effect as to the proceedings of the General Council and other matters relating to the Council.
2 Nominated members.
(1) Of the nominated members, five shall be persons who are fully registered and three shall be persons who are neither fully registered nor holders of any qualification registrable under this Act.
(2) Of the said five nominated members three shall be nominated for England and Wales, one for Scotland and one for Northern Ireland; and of the said three members two shall be nominated for England and Wales and one for Scotland.
(3) The members nominated for England and Wales and for Scotland shall be nominated on the advice of the Privy Council, and the member nominated for Northern Ireland shall be nominated by Her Majesty in Council on the recommendation of the Governor of Northern Ireland.
(4) Nomination shall be for a term not exceeding five years, and a person may be nominated to be a member of the General Council who has previously been a member thereof.
(5) A nominated member may at any time resign his office by letter addressed to the President of the General Council.
(6) Upon the death or resignation of a nominated member, a person shall be nominated to be a member in his place in accordance with the provisions applying to the nomination of the person dying or retiring.
3 Appointed members.
(1) Subject to the provisions of this section one of the appointed members of the General Council shall be chosen by each of the following bodies, namely, the Universities of Oxford, Cambridge, Durham and London, the Victoria University, Manchester, the Universities of Birmingham, Liverpool, Leeds, Sheffield, Bristol, Wales, St. Andrews, Glasgow, Aberdeen and Edinburgh, the Queen's University of Belfast, the University of Dublin, the National University of Ireland, the Royal College of Physicians of London, the Royal College of Physicians of Edinburgh, the Royal College of Physicians of Ireland, the Royal College of Surgeons of England, the Royal College of Surgeons of Edinburgh, the Royal Faculty of Physicians and Surgeons of Glasgow, the Royal College of Surgeons in Ireland, the Royal College of Obstetricians and Gynaecologists, the Society of Apothecaries of London and the Apothecaries' Hall, Dublin.
(2) Where at any time it appears to the General Council that a university or other body situated in England or Wales, or situated in Scotland, or situated in Ireland, being a body—
(a ) having power to grant a diploma in respect of medicine, surgery or midwifery, or any of them, or any branch of medicine or surgery, but
(b ) not having for the time being power to choose an appointed member, either alone or jointly with another body,
is of sufficient importance to be worthy of such a privilege, the General Council may represent to the Privy Council that it is expedient to confer on the university or other body power to choose an appointed member, either alone or jointly with another body or bodies similarly situated and having power to grant such a diploma as aforesaid.
In this subsection the expression ‘diploma’ includes any degree, fellowship, membership, licence, authority to practise, letters testimonial, certificate or other status or document.
(3) Where at any time it appears to the General Council that a university or other body which for the time being has power to choose an appointed member jointly with another body or bodies is of sufficient importance to be worthy of such a privilege, the General Council may represent to the Privy Council that it is expedient to confer on the university or body power to choose an appointed member by itself.
(4) Where it appears to the General Council that a university or other body having power to choose an appointed member, either alone or jointly with another body or bodies, has so diminished in importance as not to be entitled to that privilege, the General Council may represent to the Privy Council that it is expedient that the university or body should cease to have the power of choosing an appointed member, or should cease to have the power of choosing an appointed member by itself but have power to choose an appointed member jointly with another body or bodies.
(5) Her Majesty may by Order in Council give effect to any representation made to the Privy Council under this section, and any such Order may make such amendments in paragraph (b ) of subsection (1) of section one of this Act and in subsection (1) of this section as are necessary for giving effect to the Order.
A draft of any such Order shall be laid before Parliament.
(6) A person shall not be capable of being chosen as an appointed member by a body other than a university, or by two or more bodies any of which is not a university, unless he is fully registered.
(7) The choosing of an appointed member shall be for a term not exceeding five years, and a person may be chosen to be an appointed member who has previously been a member of the General Council.
(8) An appointed member may at any time resign his office by letter addressed to the President of the General Council.
(9) Upon the death or resignation of an appointed member a person shall be chosen to be a member in his place in accordance with the provisions applying to the choosing of the person dying or retiring.
4 Elected members.
(1) Subject to the provisions of this section—
(a ) eight of the elected members shall be elected by the fully registered persons who are resident in England and Wales, and one of those eight members shall be elected as a person resident in Wales;
(b ) two of the elected members shall be elected by the fully registered persons who are resident in Scotland; and
(c ) one of the elected members shall be elected by the fully registered persons who are resident in Ireland.
(2) The General Council may at any time represent to the Privy Council that it is expedient to confer on the fully registered persons resident in England and Wales, on those resident in Scotland, or on those resident in Ireland, the power of returning an additional member to the General Council; and—
(a ) Her Majesty may by Order in Council give effect to any such representations,
(b ) any such Order may make such amendments in paragraph (c ) of subsection (1) of section one of this Act and in subsection (1) of this section as are necessary for giving effect to the Order,
(c ) a draft of any such Order shall be laid before Parliament.
(3) A person to be elected a member of the General Council must be fully registered.
(4) An elected member may at any time resign his office by letter addressed to the President of the General Council.
(5) Subject as hereinafter provided, the term of office of elected members shall be five years.
(6) Where an elected member dies before completion of his term of office, or resigns, a person shall be elected in his place to hold office for the residue of the term for which his predecessor might have held office:
Provided that on the death or resignation of an elected member within twelve months before the date on which his term of office would have come to an end by effluxion of time, the vacancy shall not be filled for the residue of that term.
(7) A person may be elected a member of the General Council who has previously been a member thereof.
(8) The provisions of the Second Schedule to this Act shall have effect as to the procedure for elections, the time for the beginning of an elected member's term, and the defraying of the expenses of and incidental to elections.
5 President of the General Council.
(1) There shall continue to be a President of the General Council elected by the Council from among their number.
(2) The President shall be elected for a term not extending beyond the expiration of the term for which he has been nominated, chosen or elected to be a member of the General Council.
6 Branch councils.
(1) There shall continue to be branch councils for England and Wales, for Scotland, and for Ireland.
(2) Each branch council shall consist of the President of the General Council and of the nominated members nominated for the area for which the branch council subsists, the appointed members chosen by...
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