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The General Chiropractic Council (Constitution and Procedure) Rules Order 1999

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PART IIRemoval from office of members of General Council

Grounds of removal

2.—(1) A member of the Council may be removed from office if–

(a)he has failed to attend three consecutive meetings of the Council;

(b)he has been found guilty of unacceptable professional conduct or of professional incompetence in accordance with the provisions of the Act;

(c)he has been adjudged bankrupt or has made a composition or arrangement with his creditors;

(d)he is a patient for the purposes of Part VII of the Mental Health Act 1983(1), or is otherwise incapable, by reason of mental disorder, of properly managing his property or affairs;

(e)he has disclosed to another person who is not a member of the Council (or of a committee or sub-committee of the Council) without the consent of the Council any information which is known to him in confidence by reason of his membership of the Council;

(f)he has been convicted in a court of law of a criminal offence relevant to his fitness to continue in office;

(g)he has brought the Council into disrepute or has otherwise acted contrary to the best interests of the Council; or

(h)not being a chiropractor, since becoming a member of the Council he has been found guilty of misconduct by another professional or regulatory body.

(2) A member may be removed by the Council only if it has concluded in accordance with the procedure in Rule 3 that the circumstances falling within paragraph (1) in his case are sufficient to warrant his removal.

Procedure for removal

3.—(1) A decision by the Council to remove a member of the Council from office shall be made by resolution of the Council passed at a meeting of the Council by a majority of the members of the Council present and voting; and for this purpose, the member proposed to be removed shall not be entitled to vote.

(2) Not later than the beginning of a period of 14 days ending with the day appointed for the meeting at which any such resolution is proposed to be passed, the Chairman of the Council shall send to the member concerned a written statement of the grounds of the proposal, notice of the date, time and place of the meeting and an invitation that he should (at the choice of the member concerned) either submit written representations for consideration at the meeting or attend the meeting for the purpose of being heard before the decision is taken.

(3) The removal of a member under Rule 2 shall have effect from the time the resolution of removal is passed or, if the resolution specifies some later date, on that later date.

(4) No decision under paragraph (1) may be taken unless at least 12 members of the Council (other than the member proposed to be removed) are present at the meeting concerned.

(5) The written statement, notice and invitation referred to in paragraph (2) may be sent by post to the address of the member concerned which appears in the register pursuant to section 6(1)(b) of the Act, or if he is not a registered chiropractor, to his last known place of residence.

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