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Medical Act 1983

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PART IConstitution 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.

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.

(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.

(4)The persons qualified to elect the elected members for any constituency shall be those who, when the election is held—

(a)are resident in the constituency for which the election is held; and

(b)are fully registered, provisionally registered or registered with limited registration;

except that a person registered with limited registration shall not be qualified to vote at an election unless, during the four years preceding the election, he has been so registered for a period, or for periods which amount in the aggregate to a period, of not less than three years.

(5)A person shall not be qualified to be elected as an elected member unless he is fully registered, provisionally registered or registered with limited registration and, if registered with limited registration, has, during the four years preceding the election, been so registered for a period, or for periods which amount in the aggregate to a period, of not less than three years nor shall he be qualified to hold office as an elected member unless he is fully registered, provisionally registered or registered with limited registration.

(6)For the purposes of this paragraph, a person shall be taken to be resident at his address in the register.

Appointed members

3(1)Appointed members shall be chosen by the universities and other bodies designated for the time being as appointing bodies by an Order in Council under section 1 of this Act, being universities or bodies of the following description, that is to say, universities or bodies in England, Wales, Scotland or Northern Ireland which have power to grant a qualification which is or has been registrable under this Act or Part II of the [1956 c. 76.] Medical Act 1956.

(2)A person shall not be qualified to be chosen as an appointed member unless he is fully registered, provisionally registered or registered with limited registration and, if registered with limited registration has, during the four years preceding his appointment, been so registered for a period, or for periods which amount in the aggregate to a period, of not less than three years.

(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 Her Majesty on the advice of Her Privy Council.

(2)One member at least shall be nominated for England, for Wales, for Scotland and for Northern Ireland.

(3)Of the nominated members, a majority shall be persons who are neither fully registered nor holders of any qualification registrable under this Act.

Supplementary

5An 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.

7An Order in Council under section 1 of this Act may, notwithstanding paragraph 1(2) above, make provision permitting elections to fill casual vacancies among the elected members to be held together at such times as may be specified in the Order subject to the restriction that the intervals between successive elections shall not exceed half the period for which elected members of the General Council currently hold office.

8No 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.

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