SCHEDULES
F9SCHEDULE 1 The General Medical Council and its Committees, and the Branch Councils
Part I Constitution of the General Medical Council
General
1
1
The General Council shall consist of—
a
elected members;
b
appointed members; and
c
nominated members.
2
The numbers of elected members, appointed members and nominated members shall be such that the number of the elected members exceeds the number of the appointed and nominated members.
F83
The General Council shall consist of no more than 35 members.
Elected members
2
1
Elections of elected members shall be conducted in accordance with an electoral scheme under this paragraph providing for the election of members for the following four constituencies, that is to say—
a
England, the Channel Islands and the Isle of Man;
b
Wales;
c
Scotland; and
d
Northern Ireland.
F11A
The provision that may be made by an electoral scheme includes provision for any of the constituencies listed in sub-paragraph (1)(a) to (d) above to be divided into two or more separate constituencies.
2
An electoral scheme shall be made, with the approval of the Privy Council, by the General Council after consultation with such bodies as appear to the General Council to be representative of medical practitioners.
3
An electoral scheme under sub-paragraph (2) above may be amended by the General Council with the approval of the Privy Council and after consultation with such bodies as are mentioned in that sub-paragraph.
F24
The persons qualified to elect the elected members for any constituency shall be those who, on a date determined in accordance with the electoral scheme—
a
are resident in the constituency for which the election is held;
b
are fully registered, provisionally registered or registered with limited registration; and
c
are holders of licences to practise.
F35
A person shall not be qualified to be elected as an elected member unless he—
a
is fully registered, provisionally registered or registered with limited registration; and
b
holds a licence to practise.
5A
An electoral scheme shall make provision for the disclosure to those qualified to vote at an election of information (including information concerning fitness to practise) relating to a person seeking election.
6
For the purposes of this paragraph, a person shall be taken to be resident at his address in the register.
Appointed members
3
F41
Appointed members shall be chosen by such bodies as are designated for the time being as appointing bodies by an Order in Council under section 1 of this Act.
2
A person shall not be qualified to be chosen as an appointed member unless he—
a
is fully registered, provisionally registered or registered with limited registration; and
b
holds a licence to practise.
3
An Order in Council under section 1 of this Act may give an appointing body the power to choose more than one appointed member or to choose an appointed member in combination with another appointing body or bodies.
Nominated members
4
1
Nominated members shall be nominated by F11the Privy Council.
2
One member at least shall be nominated for England, for Wales, for Scotland and for Northern Ireland.
F53
A nominated member shall be a person who is neither fully registered nor a holder of any qualification registrable under this Act.
F104ZA
1
This paragraph applies if, under section 187 of the Health and Social Care (Community Health and Standards) Act 2003, the Secretary of State has given a direction to a Special Health Authority to exercise any function of a Minister of the Crown relating to the making of appointments to a body mentioned in that section.
2
The Privy Council may direct the Special Health Authority to exercise to the extent specified in the direction its functions under paragraph 4 in relation to the nomination of persons to be nominated members of the Council.
F7Suspension or removal from office of members
Sch. 1 paras. 4A, 4B and cross-headings inserted (17.12.2002 for specified purposes, otherwise coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(c), 4(6) (with transitional provisions in Sch. 2)
4A
1
The General Council shall by rules make provision for the suspension or removal from office of a member by the General Council in such circumstances as may be specified in the rules.
2
Rules under sub-paragraph (1) above shall provide for an elected member or an appointed member to be removed from office if he ceases—
a
to be registered; or
b
to hold a licence to practise.
3
Standing orders of the General Council shall make provision for the procedure by which a member may be suspended or removed from office.
4
No rules under sub-paragraph (1) above shall come into force until approved by order of the Privy Council.
Registration of members’ private interests
4B
1
The General Council must establish and maintain a system for the declaration and registration of private interests of members of the Council.
2
The General Council must publish entries recorded in the register of members’ private interests.
Supplementary
5
An Order in Council under section 1 of this Act may contain such incidental, consequential, transitional or supplementary provisions as appear to Her Majesty to be necessary or expedient.
6
1
Subject to sub-paragraph (2) below, a person shall not be qualified to be a member of the General Council if he has attained the age of seventy years.
2
The General Council may by rules provide that sub-paragraph (1) above shall have effect with the substitution of such age less than seventy years as is specified in the rules.
3
No rules under sub-paragraph (2) above shall come into force until approved by order of the Privy Council.
F67
1
Notwithstanding paragraph 1(2) above, an Order in Council under section 1 of this Act—
a
may make provision permitting elections to fill casual vacancies among the elected members to be held together, but
b
may not permit a casual vacancy among the elected members to be left unfilled for a period exceeding six months, except in accordance with paragraph (c) below, and
c
may make provision that a casual vacancy among the elected members need not be filled if the unexpired term of the elected member giving rise to the vacancy is less than twelve months.
2
In sub-paragraph (1) above the “unexpired term” means the period beginning with the date on which the member ceased to be a member and ending with the date on which his full term of office would have expired.
8
No recommendation shall be made to Her Majesty to amend or revoke an Order in Council under section 1 of this Act so far as it relates to the appointing bodies except in pursuance of a representation made to the Privy Council by the General Council.
Sch. 1 para. 19-19E, 23, 23B, 24 and crossheadings substituted for Sch. 1 paras. 19-24 (1.7.2003 for the substitution of Sch. 1 para. 19 as notified in the London Gazette dated 1.7.2003, 7.7.2004 in so far as it relates to Sch. 1 paras. 19A-19E for the purpose only of making rules and in so far as it relates to Sch. 1 paras. 23, 23B, 24 as notified in the London Gazette dated 2.7.2004, 1.11.2004 in so far as not already in force as notified in the London Gazette dated 8.10.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 1(2)(3), 5(3) (with Sch. 2)