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Medical Act 1983

Medical Act 1983 s 46

s 46 Recovery of fees.

(1) Except as provided in subsection (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, ... unless he proves that he is fully registered and holds a licence to practise . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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 ... any of the UK health services ; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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 and 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.

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