Medical Practitioners Act 2007

SCHEDULE 2

Council: Membership and Meetings

Section 4(4).

Tenure of Office

1. Subject to the provisions of this Schedule in relation to the filling of casual vacancies, every member of the Council shall hold office, unless the member sooner dies, resigns or becomes disqualified, for a period, not exceeding 5 years, specified in writing by the Minister.

F86 [ 2. No person shall hold office as a member of the Council for more than 2 consecutive terms irrespective of the period of each of those terms (for which purpose membership of the Council which occurred before the commencement of this paragraph shall be taken into account). ]

Resignations and Termination of Membership

3. Subject to paragraph 4, where the Minister receives a request in writing from the Council to terminate the appointment of a member of the Council on the ground that the member has failed to comply with paragraph 12, the Minister may terminate the appointment of the member.

4. The Minister shall not terminate the appointment of a member of the Council pursuant to a request referred to in paragraph 3 unless—

( a) the request is accompanied by evidence which satisfies the Minister that—

(i) the member has been given a reasonable opportunity to make representations in writing to the Council to explain the reasons why the member has failed to comply with paragraph 12, and

(ii) the member has failed or refused to make those representations,

or

( b) the request is accompanied by—

(i) evidence which satisfies the Minister that the member has been given a reasonable opportunity to make representations in writing to the Council to explain the reasons why the member has failed to comply with paragraph 12,

(ii) copies of the representations in writing made by the member to the Council, and

(iii) a statement by the Council that it has given due regard to those representations in writing but has reached the conclusion that they do not afford a reasonable excuse for the member’s failure to comply with paragraph 12,

and

( c) where subparagraph (b) is applicable, the Minister is satisfied that the conclusion referred to in clause (iii) of that subparagraph is reasonable in the circumstances of the case.

5. A member of the Council may resign membership by giving notice in writing signed by the member to the Council, but the resignation shall not become effective until the meeting of the Council next held after receipt of the notice of resignation.

6. The membership of the Council of a medical practitioner appointed under any of section 17(1)(b) to (f) shall terminate on the person ceasing to be a registered medical practitioner.

Casual Vacancies

7. (1) Where a casual vacancy occurs among the members of the Council, other than those appointed under section 17(1)(f) or (n), the Council shall forthwith notify the body or authority which nominated such person and that body or authority shall, as soon as is convenient, nominate a person or persons which the Minister may consider for appointment to fill such vacancy and any person so appointed shall, subject to the other provisions of this Act, serve as a member of the Council for such period as is unexpired of the term of office of the person whom the person so appointed replaces.

(2) Where a casual vacancy occurs among the members of the Council appointed under section 17(1)(f) , the Council, after consultation with the Minister, shall co-opt a registered medical practitioner who would, pursuant to the provisions of this Act, be eligible for election to fill such vacancy and any practitioner so co-opted shall, subject to the provisions of this Act, serve as a member of the Council for such period as is unexpired of the term of office of the person whom the practitioner so appointed replaces.

(3) Where F87 [ a casual vacancy occurs among the members of the Council appointed under section 17(1)(n) ] , the Minister may appoint a person who would, pursuant to the provisions of this Act, be eligible to fill such vacancy and any person so appointed shall, subject to the provisions of this Act, serve as a member of the Council for such period as is unexpired of the term of office of the person whom the person so appointed replaces.

Quorum

8. The quorum for a meeting of the Council shall be 7 provided that, in the case of a meeting of the Council where the matter of the imposition of a sanction under Part 9 on a registered medical practitioner is on the agenda, the quorum shall be 10.

Meetings

9. The Council shall hold at least 4 meetings in every year and may hold such other meetings as may be necessary for the performance of its functions by video link or by the circulation of papers.

10. The Council may, by notice in writing given to all the members of the Council, specify the minimum number of meetings of the Council which the members are required to attend.

11. The Council may, by notice in writing given to all the members of a committee, specify the minimum number of meetings of the committee which the members are required to attend.

12. A member of the Council given a notice under paragraph 10 or 11 shall take all necessary steps to comply with the notice.

President and Vice-President

13. (1) Subject to section 17(3) , the Council shall, from time to time, elect one of its members eligible under that section to be so elected, to be President of the Council and another of its members to be Vice-President of the Council.

(2) The President and Vice-President of the Council shall each hold office as such for such term as may be specified by the Council at the time of their respective appointments unless—

( a) the President or Vice-President, as the case may be, ceases to be, or becomes disqualified from being, a member of the Council,

( b) the President or Vice-President, as the case may be, resigns that office and the resignation becomes effective under this paragraph, or

( c) the Council by a resolution, for which not less than two-thirds of the members of the Council vote, and of the intention to propose which not less than 7 days notice is given to every member of the Council, terminates the appointment of the President or Vice-President.

(3) The President or Vice-President of the Council may at any time resign from that office by giving notice in writing signed by the President or Vice-President, as the case may be, to the Council, but the resignation shall not become effective until the meeting of the Council next held after the receipt by the Council of the notice of resignation.

(4) Where, at an election of the President or Vice-President of the Council, there is an equality of votes for 2 or more registered medical practitioners, it shall be determined by lot which of those practitioners shall be President or Vice-President, as the case may be.

Proceedings at Meetings

14. The proceedings of the Council shall not be invalidated by any vacancy or vacancies among its members or by any defect in the appointments to the Council or in the qualifications of any member thereof.

15. The President or, in the absence of the President, the Vice-President of the Council—

( a) may convene a meeting of the Council,

( b) shall convene a meeting of the Council when requested to do so by a requisition signed by not less that 6 members of the Council.

16. (1) Where the President or, in the absence of the President, the Vice-President of the Council refuses to convene a meeting of the Council after a requisition for that purpose signed by not less than 6 members of the Council has been presented to the President or Vice-President, as the case may be, any 3 members of the Council may forthwith convene a meeting of the Council.

(2) Where the President or, in the absence of the President, the Vice-President of the Council, without so refusing, does not, within 7 days after the presentation of a requisition for that purpose signed by not less than 6 members of the Council, convene a meeting of the Council, any 3 members of the Council may, on the expiration of those 7 days, convene a meeting of the Council.

17. At least 3 clear days before every meeting of the Council, notice in writing, signed by the President or Vice-President of the Council, as the case may be, or, if the meeting is convened by members of the Council, by such members, of the time and place of the meeting shall be sent to every member of the Council: if the meeting is convened by members of the Council, the notice convening the meeting shall specify the business to be transacted thereat.

18. At a meeting of the Council—

( a) the President of the Council shall, if present, be the chairperson,

( b) if and so long as the President of the Council is not present, or if the office of President is vacant, the Vice-President of the Council shall, if present, be the chairperson,

( c) if and so long as the President of the Council is not present or the office of President is vacant and the Vice-President is not present or the office of Vice-President is vacant, the members of the Council who are present shall elect one of their number to be chairperson of that meeting.

19. (1) The Council shall ensure that minutes of each meeting of the Council are prepared.

(2) The minutes of a meeting shall be submitted for confirmation as an accurate record at the next meeting of the Council.

(3) When confirmed, with or without amendment, the minutes of a meeting shall be signed by the person chairing the meeting at which they were submitted for confirmation.

20. The names of all members present at a meeting of the Council shall be recorded in the minutes of the proceedings of the meeting.

21. Subject to paragraphs 8 and 13(4), all acts of the Council and all questions coming or arising before the Council may be done and decided by a majority of such members of the Council as are present and vote in relation to the act or matter at a meeting of the Council duly convened according to law.

22. In the case of an equality of votes on any question arising at a meeting of the Council (other than the election of the President or the Vice-President) the chairperson of that meeting shall have a second or casting vote.

23. Save as is otherwise provided by any enactment, including this Act, the Council may make standing orders for the regulation of its proceedings, and may amend or revoke such standing orders.