40.— (1) A registered medical practitioner shall not use a title designated for the purposes of this Act pursuant to regulations made under section 39(1) unless—

(a) the regulations specify that the title may be used by any registered medical practitioner, or

(b) the practitioner falls within the class of registered medical practitioners that the regulations specify may use the title.

(2) Subject to section 39(2)(c), a person shall not use a title referred to in subsection (1) unless entitled by virtue of that subsection to use the title.