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The Scottish Commission for the Regulation of Care (Appointments and Procedure) Regulations 2002

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Regulation 10(1)

SCHEDULEPROVISIONS AS TO MEETINGS AND PROCEEDINGS OF THE COMMISSION

1.—(1) The convener may call a meeting of the Commission at any time.

(2) If a requisition for a meeting, signed by at least one-third (rounded up to a whole number) of the members, is presented to the convener, and the convener either–

(a)refuses to call a meeting; or

(b)without so refusing, does not within 21 days after the requisition has been so presented call a meeting,

those members may forthwith call a meeting.

(3) Before each meeting of the Commission, a notice of the meeting which–

(a)specifies the principal business proposed to be transacted at it; and

(b)is signed by the convener or by an officer of the Commission authorised by the convener to sign it on behalf of the convener,

shall be delivered to each member, or sent by post to the member’s last known address, at least 7 clear days before the day of the meeting.

(4) The proceedings of any meeting shall not be invalidated by a failure to deliver such notice to any member.

(5) In the case of a meeting called under sub-paragraph (2) above by members, those members shall sign the notice and no business other than that specified in the notice shall be transacted at the meeting.

2.—(1) At any meeting of the Commission the convener or, in the convener’s absence, the deputy convener (if there is one who is present) shall preside.

(2) If the convener and deputy convener are both absent, such other member present as the other members present shall choose for the purpose shall preside.

3.—(1) At any meeting of the Commission the quorum shall be one third (rounded up to a whole number) of the appointed members plus the convener.

(2) Where the Commission is considering the appointment of a chief officer, the Commission is not quorate unless the convener is present.

4.  Every question at a meeting shall be determined by a majority of votes of the convener and members present and competent to vote on the question and, in the case of an equality of votes, the convener or, in the convener’s absence, the person presiding at the meeting shall have a second vote.

5.—(1) The minutes of the proceedings of a meeting shall be drawn up and shall be signed at the next meeting by the person presiding at that next meeting.

(2) The names of the members present and the person presiding at a meeting shall be recorded in the minutes.

(3) Subject to sub-paragraph (4) below, the minutes, once signed, shall be published in such manner as the Commission may determine and a copy of them shall be provided, without charge, by the Commission to any person on request.

(4) Where a meeting has been held in private, or any part of a meeting has been conducted in private, sub-paragraph (3) above shall not apply in relation to the minutes of that meeting or part of the meeting.

6.—(1) Meetings of the Commission shall be open to the public unless, on the motion of the convener, the Commission considers that the business to be conducted at a meeting, or for any part of a meeting, is such as to require, for the protection of confidence, that the meeting or that part, be conducted in private.

(2) The chief officer of the Commission shall be entitled to attend any meeting of the Commission unless in the opinion of the convener such attendance would be inappropriate.

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