(1)Except as provided in [F1subsection (2A)] below, no person shall be entitled to recover any charge in any court of law for any medical advice or attendance, or for the performance of any operation, F2... unless he proves that he is fully registered [F3and holds a licence to practise].
F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(2A)Subsection (1) above shall not apply to fees in respect of medical services lawfully provided—
(a)under arrangements to provide services as part of [F6the health service, the Northern Ireland health service or the Scottish health service (those terms having the same meaning here as in section 29G(3) above)] [F6any of the UK health services];
(b)by any person who is not a medical practitioner but who is entitled to provide those medical services by virtue of an enforceable Community right;
(c)by a person who is a member of a profession regulated by a body, apart from the General Council, mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002.]
(3)Where a practitioner is a fellow of a college of physicians, fellows of which are prohibited by byelaw from recovering by law their expenses, charges or fees, then, notwithstanding that he is fully registered [F7and holds a licence to practise], the prohibitory byelaw, so long as it is in force, may be pleaded in bar of any legal proceedings instituted by him for the recovery of expenses, charges or fees.
Textual Amendments
F1Words in s. 46(1) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 26(a)
F2Words in s. 46(1) omitted (19.7.2006 for specified purposes, 13.6.2007 in so far as not already in force as notified in the London Gazette dated 18.5.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 73(a)(ii)
F3Words in s. 46(1) inserted (16.11.2009 as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 12(4) (with Sch. 2)
F4S. 46(2) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 26(b)
F5S. 46(2A) inserted (19.7.2006 for specified purposes, 13.6.2007 in so far as not already in force as notified in the London Gazette dated 18.5.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 73(b)
F6Words in s. 46(2A)(a) substituted (11.2.2010 for specified purposes) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 14
F7Words in s. 46(3) inserted (16.11.2009 as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 12(4) (with Sch. 2)