Medical Act 1983

49 Penalty for pretending to be registered

(1) Subject to subsection (2) below, any person who wilfully and falsely pretends to be or takes or uses the name or title of physician* doctor of medicine, licentiate in medicine and surgery, bachelor of medicine, surgeon, general practitioner or apothecary, or any name, title, addition or description implying that he is registered under any provision of this Act, or that he is recognised by law as a physician or surgeon or licentiate in medicine and surgery or a practitioner in medicine or an apothecary, shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale (as defined in section 75 of the [1982 c. 48.] Criminal Justice Act 1982); and for the purposes of this subsection—

(a) section 37 of that Act; and

(b) an order under section 143 of the [1980 c. 43.] Magistrates' Courts Act 1980 which alters the sums specified in subsection (2) of the said section 37,

shall extend to Northern Ireland and the said section 75 shall have effect as if after the words " England and Wales " there were inserted the words " or Northern Ireland ".

(2) Subsection (1) above shall not apply to anything done by a person who is a national of any member State of the Communities for the purposes of or in connection with the lawful rendering of medical services by him without first being registered under this Act if he has previously complied with the requirements of subsection (2) of section 18 above or subsequently complies with its requirements as modified in respect of urgent cases by subsection (3) of that section.

(3) Any penalty to which a person is liable on summary conviction under subsection (1) above may be recovered in Scotland by any person before the sheriff or the district court who may, on the appearance or the default to appear of the accused, proceed to hear the complaint, and where the offence is proved or admitted the sheriff or court shall order the accused to pay the penalty as well as such expenses as the sheriff or court shall think fit.

(4) Any sum of money arising from conviction and recovery of penalties as mentioned in subsection (3) above shall be paid to the treasurer of the General Council.