Medical Registration (Amendment) Act 2002 - Singapore Statutes Online

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 1]

Friday, January 24

[2003

The following Act was passed by Parliament on 5th December 2002 and assented to by the President on 18th December 2002:—

Medical Registration (Amendment) Act 2002

(No. 46 of 2002)

I assent.

ABDULLAH TARMUGI,

President.
Persons exercising the
Functions of the President

18th December 2002.

Date of Commencement: 24th January 2003

Date of Commencement: 24th January 2002

An Act to amend the Medical Registration Act (Chapter 174 of the 1998 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Medical Registration (Amendment) Act 2002 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2 of the Medical Registration Act (referred to in this Act as the principal Act) is amended by inserting, immediately before the definition of “degree”, the following definitions:

“ “certificate of experience” means a certificate granted under section 26;

“conditional registration” means registration under section 20(3), 21(1) or (1A), 33A(1), 46(1) or 49(1) subject to such conditions as the Medical Council may think fit;”.

Amendment of section 4

3. Section 4 of the principal Act is amended —

(a)	by deleting subsection (1)(b);
(b)	by deleting the words “8 registered medical practitioners” in subsection (1)(d) and substituting the words “9 registered medical practitioners”;
(c)	by deleting the words “5 registered medical practitioners” in subsection (1)(e) and substituting the words “7 registered medical practitioners”;
(d)	by deleting the words “subsection (1)(b), (c), (d) and (e)” in subsection (2) and substituting the words “subsection (1)(c), (d) and (e)”; and
(e)	by deleting the words “subsection (1)(b), (c) or (e)” in subsection (4) and substituting the words “subsection (1)(c) or (e)”.

Amendment of section 9

4. Section 9 of the principal Act is amended —

(a)

by deleting subsection (4) and substituting the following subsection:

“(4) If any vacancy arises among the elected members, the Minister shall, as soon as practicable, appoint any registered medical practitioner resident in Singapore to fill that vacancy.”; and

(b)

by deleting the words “or elected” wherever they appear in subsection (6).

Amendment of section 12

5. Section 12(2) of the principal Act is amended by deleting the words “6 members” and substituting the words “7 members”.

Amendment of section 19

6. Section 19 of the principal Act is amended —

(a)

by deleting the words “section 20” in subsection (1)(a)(i) and substituting the words “section 20(1) and (2)”;

(b)

by deleting the words “under section 21” in subsection (1)(a)(ii); and

(c)

by inserting, immediately after subsection (4), the following subsections:

“(5) The Registrar may disclose any information in the registers to any person prescribed by regulations made under this Act, if such disclosure is in accordance with such conditions as may be specified in those regulations.

(6) Subsection (5) is without prejudice to any other right or duty to disclose the information under general or written law.”.

Amendment of section 20

7. Section 20 of the principal Act is amended —

(a)

by inserting, immediately after the words “Singapore degree” in subsection (1), the words “and a certificate of experience”;

(b)

by inserting, immediately after the words “Medical Council” where they first appear in the 3rd line of subsection (2), the words “, complies with section 27”; and

(c)

by inserting, immediately after subsection (2), the following subsection:

“(3) Notwithstanding subsections (1) and (2), the Medical Council may, if it is of the view that it is not in the public interest for a person referred to in either of those subsections to be registered as a fully registered medical practitioner, direct that he be registered as a medical practitioner with conditional registration in Part II of the Register of Medical Practitioners, and section 21(4) to (8) shall apply accordingly.”.

Amendment of section 21

8. Section 21 of the principal Act is amended —

(a)

by deleting the word “and” at the end of subsection (1)(b);

(b)

by deleting the comma at the end of paragraph (c) of subsection (1) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:

“(d)	complies with section 27,”;

(c)

by inserting, immediately after subsection (1), the following subsection:

“(1A) Subject to the provisions of this Act, any person who holds —

(a)	a Singapore degree; and
(b)	a certificate approved by the Medical Council as being equivalent to a certificate of experience and granted by a hospital or an institution outside Singapore that is recognised by the Medical Council for the purpose of this paragraph,

shall be entitled to be registered as a medical practitioner with conditional registration in Part II of the Register of Medical Practitioners.”;

(d)

by deleting subsection (3); and

(e)

by deleting the word “imposed” in subsection (4).

Amendment of section 23

9. Section 23 (1) of the principal Act is amended by inserting, immediately before the word “may” in the 15th line, the words “and who, if he has a degree other than a Singapore degree, complies with section 27,”.

Amendment of section 24

10. Section 24 of the principal Act is amended by deleting subsection (1) and substituting the following subsection:

“(1) This section shall have effect for enabling persons desirous of obtaining certificates of experience to be employed as mentioned in section 26(1).”.

Repeal of section 25

11. Section 25 of the principal Act is repealed.

Amendment of section 26

12. Section 26 of the principal Act is amended —

(a)

by deleting the words “certificate under this section” in the 1st line of subsection (1) and substituting the words “certificate of experience”;

(b)

by inserting, immediately after the word “institutions” in the penultimate line of subsection (1), the words “in Singapore”;

(c)

by deleting the words “certificate to the hospital or institution concerned and if that hospital or institution” in the 2nd and 3rd lines of subsection (2) and substituting the words “certificate of experience to the certifying authority, and if the certifying authority”;

(d)

by deleting the words “hospital or institution” in the penultimate line of subsection (2) and substituting the words “certifying authority”;

(e)

by deleting the word “certificate” in the last line of subsection (2) and substituting the words “certificate of experience”; and

(f)

by inserting, immediately after subsection (2), the following subsection:

“(3) In subsection (2), “certifying authority” means the Dean of the Faculty of Medicine of the National University of Singapore or such other person as may be prescribed.”.

Amendment of section 27

13. Section 27 of the principal Act is amended —

(a)

by deleting the words “For the purpose of section 25(b), a person with” in the 1st line and substituting the words “A person applying for registration by virtue of”;

(b)

by deleting paragraph (a) and substituting the following paragraph:

“(a)	a certificate of experience, or a certificate approved by the Medical Council as being equivalent to a certificate of experience and granted by a hospital or an institution outside Singapore that is recognised by the Medical Council for the purpose of this paragraph; or”; and

(c)

by deleting the words “certificate under section 26” in paragraph (b) and substituting the words “certificate of experience”.

Amendment of section 32

14. Section 32 of the principal Act is amended —

(a)

by deleting the word “and” at the end of paragraph (e); and

(b)

by deleting paragraph (f) and substituting the following paragraphs:

“(f)	remove from a register the name of any person who has not renewed his practising certificate for a continuous period of not less than 5 years, and who cannot be contacted or sent any document using his particulars in the register; and
(g)	remove from a register the name of any person who has requested and shown sufficient reason for his name to be removed from that register, unless an inquiry has or proceedings have commenced under Part VII against that person.”.

Amendment of section 33

15. Section 33(1) of the principal Act is amended by deleting the words “pursuant to section 21” in paragraph (a).

New section 33A

16. The principal Act is amended by inserting, immediately after section 33, the following section:

“Restoration of names removed under section 32 or 33

33A.—(1) Where the name of a person has been removed from a register under section 32(f) or 33(1)(a), (b), (c) or (g), the Medical Council may, upon application by the person, if it thinks fit direct —

(a)	that his name be restored to the register; or
(b)	that he be registered as a medical practitioner with conditional registration in Part II of the Register of Medical Practitioners, and section 21(4) to (8) shall apply accordingly.

(2) No application under subsection (1) shall be made to the Medical Council more than once in any period of 6 months by or on behalf of the medical practitioner.

(3) No application under subsection (1) shall be made to the Medical Council by or on behalf of the medical practitioner unless the medical practitioner has complied with all the terms of the order made against him under section 33(1), where applicable.”.

Amendment of section 36

17. Section 36 of the principal Act is amended by inserting, immediately after subsection (5), the following subsection:

“(6) The Medical Council may refuse to grant a practising certificate to a registered medical practitioner, or may refuse to renew his practising certificate, if the registered medical practitioner fails to comply with any condition that is prescribed by the Medical Council with the approval of the Minister for the purposes of this section.”.

Amendment of section 39

18. Section 39 of the principal Act is amended —

(a)

by inserting, immediately after the words “Complaints Committees” in the 1st line of subsection (1), the words “and Disciplinary Committees”;

(b)

by deleting the words “3 members” in subsection (1)(a) and substituting the words “10 members”;

(c)

by inserting, immediately after the word “persons” in subsection (1)(c), the words “nominated by the Minister”; and

(d)

by deleting subsection (2) and substituting the following subsection:

“(2) The term of office of a member of the Complaints Panel referred to in subsection (1)(a) shall expire at the end of his term of office as member of the Medical Council, and a member of the Complaints Panel referred to in subsection (1)(b) or (c) shall be appointed for a term of 2 years; and any member shall be eligible for reappointment.”.

Amendment of section 40

19. Section 40 of the principal Act is amended —

(a)

by inserting, immediately after subsection (1), the following subsection:

“(1A) The Medical Council may, on its own motion, refer any information on the conviction of a registered medical practitioner of any offence implying a defect in character which makes him unfit for his profession to the Chairman of the Complaints Panel.”;

(b)

by deleting the words “section 54 or 56” in the 3rd line of subsection (2) and substituting the words “section 54, 54A or 56”;

(c)

by inserting, immediately after the words “subsection (1)” in the penultimate line of subsection (2) and in the last line of subsection (4), the words “or (1A)”;

(d)

by deleting paragraphs (b) and (c) of subsection (4) and substituting the following paragraph:

“(b)	2 members of the Complaints Panel who are registered medical practitioners, and at least one of whom is not a member of the Medical Council; and”;

(e)

by deleting the words “subsection (1)” in subsection (6) and substituting the words “subsection (1)(a) or (b) or (1A)”;

(f)

by inserting, immediately after subsection (6), the following subsection:

“(6A) Where any complaint or information mentioned in subsection (1)(c) is referred to the Chairman of the Complaints Panel, the Chairman of the Complaints Panel shall —

(a)	if he is satisfied, based on any information given in support of the complaint or information, that a formal inquiry is necessary to determine the physical or mental fitness of the registered medical practitioner to practise, refer the complaint or information to the Health Committee; or
(b)	in any other case, lay the complaint or information before a Complaints Committee.”;

(g)

by deleting subsection (14) and substituting the following subsection:

“(14) A Complaints Committee shall inquire into the complaint or information, or any information or evidence referred to in subsection (21A), and complete its preliminary inquiry not later than 3 months from —

(a)	the date the complaint or information is laid before the Complaints Committee; or
(b)	the date the information or evidence referred to in subsection (21A) is received by the Complaints Committee,

as the case may be.”; and

(h)

by inserting, immediately after subsection (21), the following subsections:

“(21A) Where, in the course of its inquiry, a Complaints Committee receives information touching on or evidence of the conduct or physical or mental fitness of the registered medical practitioner concerned which may give rise to proceedings under this Part, the Complaints Committee may, after giving notice to him, decide on its own motion to inquire into that matter.

(21B) Where the complainant withdraws his complaint before —

(a)	it is referred to a Complaints Committee or the Health Committee under this section; or
(b)	the conclusion of the inquiry of a Complaints Committee or Disciplinary Committee before which it is laid, or of the Health Committee,

the Medical Council may, notwithstanding such withdrawal, direct that an inquiry be conducted into the complaint or the inquiry into the complaint be continued, and the Chairman of the Complaints Panel, the Complaints Committee, the Disciplinary Committee or the Health Committee, as the case may be, shall comply with such direction as if the complaint had been made by the Medical Council.”.

Amendment of section 41

20. Section 41 of the principal Act is amended —

(a)

by inserting, immediately after the word “information,” in the 1st line of subsection (1), the words “or any information or evidence referred to in section 40(21A),”;

(b)

by deleting the words “or information” in the 3rd line of subsection (2) and substituting the words “, information or evidence”; and

(c)

by deleting subsection (5) and substituting the following subsection:

“(5) A Complaints Committee shall notify the registered medical practitioner concerned and the person who made the complaint or gave the information under section 40(1) of its decision under subsection (1) and, if it makes an order under subsection (1)(a), the reason for making the order.”.

Amendment of section 42

21. Section 42 of the principal Act is amended —

(a)

by inserting, immediately after the word “appoint” in the 1st line of subsection (1), the words “, from among members of the Complaints Panel,”;

(b)

by deleting paragraph (b) of subsection (1) and substituting the following paragraph:

“(b)	one observer who is a lay person,”; and

(c)

by inserting, immediately after the words “Medical Council” in the 2nd line of subsection (11), the words “or Complaints Panel”.

Repeal of section 43

22. Section 43 of the principal Act is repealed.

Amendment of section 45

23. Section 45 of the principal Act is amended —

(a)

by deleting the words “section 54 or 56” in subsection (1)(e) and substituting the words “section 54, 54A or 56”;

(b)

by deleting the word “registers” in subsection (2)(a) and substituting the words “appropriate register”;

(c)

by deleting paragraph (b) of subsection (2) and substituting the following paragraph:

“(b)	by order suspend the registration of the registered medical practitioner in the appropriate register for a period of not less than 3 months and not more than 3 years;”;

(d)

by inserting, immediately after the words “Disciplinary Committee” in the 4th line of subsection (4), the words “and, where applicable, an Interim Orders Committee”;

(e)

by inserting, immediately after the words “Disciplinary Committee” in subsection (6)(a) and (c), the words “and the Interim Orders Committee”;

(f)

by deleting subsection (7) and substituting the following subsection:

“(7) Where a registered medical practitioner in respect of whom an order is made under subsection (2)(c), or an order for interim restricted registration is made under section 49B(1)(b) or 49D(1)(d), is judged by a Disciplinary Committee (whether, in the case of an order under subsection (2)(c), it is the Disciplinary Committee that made the order or another Disciplinary Committee appointed in its place) to have failed to comply with any of the requirements imposed on him as conditions of his registration, the Disciplinary Committee may, if it thinks fit, order —

(a)	that his name be removed from the appropriate register; or
(b)	that his registration in the appropriate register be suspended for such period not exceeding 12 months as may be specified in the order.”;

(g)

by inserting, immediately after subsection (8), the following subsection:

“(8A) Where a Disciplinary Committee has made an order for suspension under subsection (2)(b) or (7)(b) against a person and that person has failed to comply with that order, the Disciplinary Committee or another Disciplinary Committee appointed in its place may, if it thinks fit, order —

(a)	that his name be removed from the appropriate register; or
(b)	that, from the expiry of the current period of suspension, his registration in the appropriate register be restricted in such manner as it thinks fit for a period not exceeding 3 years.”;

(h)

by inserting, immediately after the words “subsection (8)” in the 3rd line of subsection (10), the words “or (8A)”; and

(i)

by deleting the words “subsection (2) or (7)” in subsections (14), (15) and (18) and substituting in each case the words “subsection (2), (7) or (8A)”.

Amendment of section 46

24. Section 46 (1) of the principal Act is amended by deleting the words “if it thinks fit, direct his name to be restored to the register.” in the penultimate and last lines and substituting the following words:

“if it thinks fit direct —

(a)	that his name be restored to the register; or
(b)	that he be registered as a medical practitioner with conditional registration in Part II of the Register of Medical Practitioners, and section 21(4) to (8) shall apply accordingly.”.

Amendment of section 48

25. Section 48 of the principal Act is amended —

(a)

by inserting, immediately after the words “Health Committee” in subsection (1)(a), the words “and, where applicable, an Interim Orders Committee”;

(b)

by deleting the words “by the Health Committee is” in the 2nd and 3rd lines of subsection (3) and substituting the words “, or an order for interim restricted registration is made under section 49B(1)(b) or 49D(1)(d), is”;

(c)

by inserting, immediately after subsection (4), the following subsection:

“(4A) Where the Health Committee has made an order for suspension under subsection (1) or (3) against a person and that person has failed to comply with that order, the Health Committee may, if it thinks fit —

(a)	make a recommendation referred to in subsection (1)(d) to the Medical Council, and subsection (2) shall apply accordingly; or
(b)	order that, from the expiry of the current period of suspension, his registration in the appropriate register be restricted in such manner as it thinks fit for a period not exceeding 3 years.”; and

(d)

by inserting, immediately after the words “subsection (4)” in the 3rd line of subsection (6), the words “or (4A)”.

Repeal and re-enactment of section 49

26. Section 49 of the principal Act is repealed and the following section substituted therefor:

“Restoration of names removed on recommendation of Health Committee

49.—(1) Where the name of a person has been removed from a register on the recommendation of the Health Committee under section 48, the Medical Council may, upon application by the person, if it thinks fit direct —

(a)	that his name be restored to the register; or
(b)	that he be registered as a medical practitioner with conditional registration in Part II of the Register of Medical Practitioners, and section 21(4) to (8) shall apply accordingly.

(2) No application under subsection (1) shall be made to the Medical Council more than once in any period of 12 months by or on behalf of the medical practitioner.

New sections 49A to 49I

27. The principal Act is amended by inserting, immediately after section 49, the following sections:

“Interim Orders Committee

49A.—(1) The Medical Council may from time to time appoint one or more committees each comprising 3 of its members, to be known for the purposes of this Act as Interim Orders Committees, to inquire into any matter referred by the Medical Council under subsection (3).

(2) An Interim Orders Committee may be appointed in connection with one or more matters or for a fixed period of time.

(3) The Chairman of the Complaints Panel, a Complaints Committee, a Disciplinary Committee or the Health Committee may refer any complaint or information to the Medical Council for the purpose of determining if an order should be made under section 49B; and the Medical Council shall refer the complaint or information to an Interim Orders Committee for this purpose.

(4) A member of a Complaints Committee or Disciplinary Committee inquiring into any matter shall not be a member of an Interim Orders Committee inquiring into or reviewing that matter.

(5) A member of an Interim Orders Committee inquiring into or reviewing any matter shall not be a member of a Complaints Committee or Disciplinary Committee inquiring into that matter, or take part in any deliberation of the Medical Council under section 48(2) in respect of that matter.

(6) Neither the Chairman of the Complaints Panel nor any member of the Health Committee shall be a member of an Interim Orders Committee.

(7) All members of an Interim Orders Committee shall vote on any question arising at a meeting of the Interim Orders Committee and such question shall be determined by a majority of votes.

(8) A member of an Interim Orders Committee which has commenced any inquiry or review of any case shall, notwithstanding that he has ceased to be a member of the Medical Council, continue to be a member of the Interim Orders Committee until completion of that inquiry or review.

(9) Subsections (5), (6), (7), (10), (13) to (17) and (20) of section 42 shall apply, with the necessary modifications, to an Interim Orders Committee and to proceedings before it as they apply to a Disciplinary Committee and to proceedings before a Disciplinary Committee.

Interim orders

49B.—(1) Where, upon due inquiry into any complaint or information referred to it, an Interim Orders Committee is satisfied that it is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of a registered medical practitioner, for his registration to be suspended or to be made subject to conditions, the Interim Orders Committee may make an order —

(a)	that his registration in the appropriate register be suspended for such period not exceeding 18 months as may be specified in the order (referred to in this Part as an interim suspension order); or
(b)	that his registration be conditional on his compliance, during such period not exceeding 18 months as may be specified in the order, with such requirements so specified as the Interim Orders Committee thinks fit to impose (referred to in this Part as an order for interim restricted registration).

(2) The Registrar shall immediately serve a notification of the order under subsection (1) on the registered medical practitioner.

Review of interim orders

49C.—(1) Subject to subsection (2), where an Interim Orders Committee has made an order under section 49B, the Interim Orders Committee or another Interim Orders Committee appointed in its place —

(a)	shall review it within the period of 6 months beginning on the date on which the order was made, and shall thereafter, for so long as the order continues in force, further review it before the end of the period of 3 months beginning on the date of the decision of the immediately preceding review; and
(b)	may review it where new evidence relevant to the order has become available after the making of the order.

(2) Where the High Court has extended the order under section 49F(2) or an Interim Orders Committee has made a replacement order under section 49D(1)(c) or (d), the first review after such extension or making of the replacement order shall take place —

(a)	if the order (or the order which has been replaced) had not been reviewed under subsection (1), within the period of 6 months beginning on the date on which the High Court ordered the extension or on which the replacement order was made, as the case may be; or
(b)	if it had been reviewed under subsection (1), within the period of 3 months beginning on the date on which the High Court ordered the extension or on which the replacement order was made.

Interim Orders Committee may revoke, vary or replace interim order

49D.—(1) Where an interim suspension order or an order for interim restricted registration has been made under this section or section 49B in relation to any person, the Interim Orders Committee that made the order or another Interim Orders Committee appointed in its place may, either upon its review referred to in section 49C or upon the recommendation of a Complaints Committee, a Disciplinary Committee or the Health Committee —

(a)	revoke the order or revoke any condition imposed by the order;
(b)	make an order varying any condition imposed by the order;
(c)	if satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of the registered medical practitioner concerned, or that the registered medical practitioner has not complied with any requirement imposed as a condition of his registration in the order for interim restricted registration, replace that order with an interim suspension order having effect for the remainder of the period of the former; or
(d)	if satisfied that the public interest or the interests of the registered medical practitioner concerned would be more adequately served by an order for interim restricted registration, replace the interim suspension order with an order for interim restricted registration having effect for the remainder of the period of the former.

(2) The Registrar shall immediately serve a notification of the decision under subsection (1) on the registered medical practitioner.

Right of hearing

49E.—(1) No order under section 49B or 49D(1)(b), (c) or (d) shall be made by an Interim Orders Committee in respect of any registered medical practitioner unless he has been afforded an opportunity of appearing before the Interim Orders Committee and being heard on the question whether such an order should be made in his case.

(2) For the purposes of subsection (1), the registered medical practitioner may be represented before the Interim Orders Committee by counsel.

(3) Regulations made for the purposes of an Interim Orders Committee may include provision securing that the registered medical practitioner in respect of whom an interim suspension order or an order for interim restricted registration has been made shall, if he so requires, be entitled to be heard by the Interim Orders Committee on each occasion on which it reviews the order, and be represented by counsel during such review.

Application to High Court

49F.—(1) The Medical Council may apply to the High Court for an order made under section 49B or 49D(1)(c) or (d) to be extended, and may apply again for further extensions.

(2) On such an application, the High Court may extend (or further extend) for up to 12 months the period for which the order has effect.

(3) The High Court may, on application by the registered medical practitioner concerned —

(a)	in the case of an interim suspension order, revoke the order;
(b)	in the case of an order for interim restricted registration, revoke the order or vary any condition imposed by the order;
(c)	in either case, substitute for the period specified in the order (or in the order extending it) some other period which could have been specified in the order when it was made (or in the order extending it).

Duration of interim orders

49G.—(1) An interim suspension order or an order for interim restricted registration shall be in force until —

(a)	the end of the period specified in the order or, if extended under section 49F(2), in the order extending it; or
(b)	the date on which proceedings are concluded,

whichever is the earlier.

(2) For the purposes of subsection (1)(b), proceedings are concluded if —

(a)

the Complaints Committee inquiring into the complaint or information has made an order under section 41(1)(a) and —

(i)	no appeal to the Minister under section 41(6) or (7) was made against that decision within the period specified in that section or such an appeal was withdrawn; or
(ii)	the Minister made an order under section 41(8)(a) or (c);

(b)

the Disciplinary Committee inquiring into the complaint or information has made an order under section 45(2) which has taken effect, or has dismissed the complaint or matter under section 45(21); or

(c)

the Health Committee has made an order under section 48(1) which has taken effect, the Medical Council has made an order under section 48(2) which has taken effect, or the Health Committee has dismissed the complaint or matter,

as the case may be.

Person suspended under interim suspension order not regarded as registered

49H.—(1) While a person’s registration in the register is suspended by virtue of an interim suspension order, he shall not be regarded as being registered notwithstanding that his name still appears in the register.

(2) Immediately upon the expiry or revocation of the order, the person’s rights and privileges as a registered medical practitioner shall be revived from the date of such expiry or revocation, provided that he has complied with all the terms of the order.

(3) For the avoidance of doubt, sections 40 to 45, 47 and 48 shall continue to apply to a person whose registration in the register is suspended by virtue of an interim suspension order.

Medical Council may appoint legal counsel

49I. For the purposes of an inquiry under this Part by a Disciplinary Committee, the Health Committee or an Interim Orders Committee, the Medical Council may appoint an advocate and solicitor and pay him, as part of the expenses of the Medical Council, such remuneration as the Medical Council may determine.”.

Amendment of section 51

28. Section 51 of the principal Act is amended by deleting the words “and the Health Committee” in the 2nd and 3rd lines of subsection (1) and in the 3rd line of subsection (2) and substituting in each case the words “, the Health Committee and the Interim Orders Committees”.

Amendment of section 53

29. Section 53 (1) of the principal Act is amended by deleting the words “who is suspended from practice” and substituting the words “whose registration in the appropriate register is suspended under Part VII”.

New section 54A

30. The principal Act is amended by inserting, immediately after section 54, the following section:

“False assumption of title of specialist

54A.—(1) A registered medical practitioner who is not registered under section 22 as a specialist in a branch of medicine shall not —

(a)	practise medicine or that branch of medicine under the style or title of a specialist in that branch of medicine, or under any name, title, addition or description implying that he is such a specialist or has any degree, qualification or experience in that branch of medicine; or
(b)	advertise or hold himself out as a specialist in that branch of medicine.

(2) A registered medical practitioner who contravenes subsection (1) may be subject to disciplinary proceedings under this Act.”.

Amendment of section 58

31. Section 58 (2) of the principal Act is amended —

(a)

by deleting paragraph (b) and substituting the following paragraph:

“(b)	regulating the grant and renewal of practising certificates, including prescribing conditions for such grant and renewal;”; and

(b)

by inserting, immediately after paragraph (d), the following paragraph:

“(da)

enabling a Disciplinary Committee, the Health Committee and an Interim Orders Committee to order and give discovery and inspection of documents for the purpose of any proceedings before them;”.

Term of office of member appointed or elected to take place of existing member

32.—(1) Notwithstanding section 4(2) of the principal Act, a person appointed or elected after the date of commencement of this Act as a member of the Medical Council to take the place of a member of the Medical Council who was appointed or elected before that date and whose term of office has expired, shall hold office for a term that is determined by the Minister by order published in the Gazette.

(2) The Minister may determine a term of office that is not less than 6 months and not more than 40 months.

Transitional provisions

33.—(1) A lay person who was appointed as a member of the Complaints Panel before the date of commencement of this Act, and whose term has not expired by that date, shall be deemed, for the purposes of section 39(1)(c) of the principal Act as amended by this Act, to have been nominated by the Minister for such appointment and shall continue to be a member of the Complaints Panel until the date of expiry of that term.

(2) Notwithstanding sections 20, 21 and 23 of the principal Act (as amended by this Act), the Minister may, subject to such conditions as he may determine, by regulations exempt any person or person within a class of persons who, at any time on or before the date of commencement of this Act, was engaged as a house officer, or in such other similar capacity as may be approved by the Medical Council, in a hospital or an institution approved by the Medical Council under section 26 of the principal Act, from the requirement that he must —

(a)	in the case of section 20(1) of the principal Act, hold a certificate of experience;
(b)	in the case of section 20(2), 21(1) or 23 of the principal Act, comply with section 27 of the principal Act; or
(c)	in the case of subsection (1A) of section 21 of the principal Act, hold a certificate referred to in paragraph (b) of that subsection,

before he may be registered.

(3) The Minister may, by regulations, prescribe such other transitional and savings provisions as he may consider necessary or expedient.

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