The General Medical Council (Constitution) Order 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision with regard to the constitution of the General Medical Council (“the GMC”). The GMC is to consist of 12 registrant members, who are medical practitioners registered with the GMC, and 12 lay members (article 2). Their terms of office will be determined by the Privy Council – or if directed by the Privy Council to do so, the Appointments Commission – on appointment. There are limitations on the period for which members may serve on the GMC (article 3). The GMC must make provision with regard to the education and training of their members in standing orders (article 4).

Certain categories of people, for example people who have been convicted of certain types of offences where the conviction is not spent, are disqualified from being members of the GMC, and once members have been appointed, there are certain circumstances in which they may be removed from office (articles 5 and 6). In some circumstances, a member may also be suspended from office, and there are provisions relating to the provisional suspension by the GMC itself, pending the taking of a decision by the Privy Council (or, in its place, the Appointments Commission) to suspend or remove that member.

There are also provisions relating to the appointment of the chair, who is to be elected from among the members of the GMC, but who will cease to be chair if that person is suspended as a member of the GMC or loses a vote of no confidence. The last president of the GMC before it was newly constituted by virtue of this Order will, if reappointed to the GMC as a member, serve as the first chair of the newly constituted GMC for six months (articles 8 and 9). There are provisions relating to the deputising arrangements for the chair, and the GMC will have powers to appoint a deputy chair to serve during the absence of a chair that is likely to be for more than one month or one meeting, or the position of chair is vacant (article 10).

There are also provisions relating to the proceedings of the GMC. Its quorum is 14, and there are special provisions to prevent the GMC’s proceedings being invalidated by matters such as a vacancy or a defect in the appointment of a member (articles 11 and 12).