SCHEDULES
SCHEDULE 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.
F203
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
c
are holders of licences to practise.
F35
A person shall not be qualified to be elected as an elected member unless he—
a
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
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 F25the 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.
F244ZA
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
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.
Part II Incidental Powers and Duties and Proceedings of the General Medical Council
F9Incidental powers and duties
Italic heading immediately preceding Sch. 1 para. 9 substituted (17.12.2002) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(h), 15(7)(a) (with transitional provisions in Sch. 2)
9
It shall be within the capacity of the General Council as a corporation to do such things and enter into such transactions as are in their opinion incidental or conducive to the performance of their functions under this Act, including the borrowing of money.
F109A
In exercising their functions, the General Council shall co-operate wherever appropriate and reasonably practicable with public authorities or other bodies or persons concerned with—
a
the employment (whether or not under a contract of service) of registered medical practitioners;
b
the education of medical practitioners, prospective medical practitioners or other health care professionals;
c
the regulation of other health or social care professions; or
d
the regulation of health services.
9B
1
For the purposes of ensuring that registered medical practitioners and the public are informed about the General Council and the exercise by them of their functions, the Council shall publish or provide in such manner as they think fit information about the Council and the exercise of their functions.
2
Nothing in sub-paragraph (1) above authorises or requires the publication or provision of information if the publication or provision of that information is—
a
prohibited by any enactment; or
b
would constitute or be punishable as a contempt of court.
3
In sub-paragraph (2) above “enactment” includes—
a
an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament; and
b
any provision of, or any instrument made under, Northern Ireland legislation.
10
For the purpose of enabling the General Council to compile or assist in the compilation of statistics relating to medical practice and practitioners the Council may from time to time issue to persons registered under this Act (otherwise than under section 18) requests for information on matters which in the opinion of the Council are relevant for that purpose.
11
Proceedings of the General Council
12
The validity of any proceedings of the General Council shall not be affected by any vacancy among the members of the Council or by any defect in the election, appointment or nomination of a member of the Council.
F1113
The quorum of the General Council shall be prescribed by Her Majesty by Order in Council made under section 1 of this Act.
14
All acts of the General Council shall be decided by the votes of a majority of the members present at any meeting, and if the votes are equal the person who presides at the meeting shall, in addition to his vote as a member of the Council, have a casting vote.
15
1
The General Council may by standing order make provision with respect to the meetings and proceedings of and the discharge of their functions by the Council and any committees of the Council, with respect to the composition of committees of the Council and with respect to the functions of the officers of the Council.
2
Any standing order made by the Council under this paragraph may be amended or revoked by a subsequent standing order.
3
This paragraph does not apply in relation to the statutory committees other than the Education Committee F31nor shall standing orders be made under it in relation to the discharge of the Council’s functions under section 39 of this Act or in relation to any committee to which those functions may be delegated.
Officers of the General Council
16
1
The General Council shall elect from among their number a president of the General Council and may so elect a chairman and a treasurer or treasurers of the General Council.
2
F12. . . any chairman or treasurer elected in pursuance of sub-paragraph (1) above shall be elected for a term not extending beyond the expiration of the term for which he has been elected, chosen or nominated to be a member of the General Council.
3
The General Council shall appoint a person to be registrar of the Council and may appoint such deputy and assistant registrars of the Council as the Council think fit and where a deputy or assistant registrar is authorised by the Registrar to act for him in any matter, any reference in this Act to the Registrar F13or in a direction or delegation to him under sub-paragraph (4) below, shall include a reference to that deputy or assistant where the reference relates to that matter.
F144
Subject to paragraph 6 of Schedule 4 to this Act, the Registrar shall, in addition to the functions specifically mentioned in this Act, have such other functions as the General Council may think fit to direct him to perform or delegate to him (whether or not in rules or standing orders).
Financial provisions
F1517
There shall be paid to the members of the General Council such remuneration and such travelling, subsistence or other expenses as the Council may allow, including payments for duties undertaken as trustees of the Council.
18
1
Any fees or other sums payable by virtue of this Act in connection with registration under this Act shall be paid to the General Council, and any expenses of the Council shall be defrayed out of the sums received by the Council either on account of those fees and sums, or from the sale of registers, or otherwise.
2
The General Council shall keep proper accounts of all sums received or paid by them, and proper records in relation to those accounts (including records of the evidence furnished by branch councils under paragraph 28 below), and their accounts for each financial year of the Council shall be audited by auditors appointed by the Council.
F163
No person shall be appointed auditor under this paragraph unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989.
4
As soon as may be after the accounts of the General Council have been audited, the Council shall cause them to be published and shall send a copy of them to the Privy Council together with a copy of any report of the auditors on them, and the Privy Council shall lay a copy of the accounts and of any report of the auditors on the accounts before each House of Parliament.
Part III Committees of the General Medical Council
F34Education Committee
Sch. 1 paras. 19-24 and cross-headings substituted (1.7.2003 for the purposes notified in the London Gazette dated 1.7.2003, 7.7.2004 the purposes 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), arts. 1(2)(3), 5(3) (with transitional provisions in Sch. 2)
19
Subject to the power of the Committee under paragraph 25 below to co-opt members, the composition of the Education Committee shall be such as the General Council think fit.
Interim Orders Panels
19A
Subject to the restrictions on membership specified in paragraph 23 below and to the power of the Panel under paragraph 25 below to co-opt members, an Interim Orders Panel shall be constituted as provided by rules made under this paragraph by the General Council.
F35Registration Decisions PanelsF35Registration Panels
Words in Sch. 1 para. 19B heading substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 3(1)(b)
19B
Registration Appeals Panels
19C
Subject to the restrictions on membership specified in paragraph 23 below and to the power of the Panel under paragraph 25 below to co-opt members, a Registration Appeals Panel shall be constituted as provided by rules made under this paragraph by the General Council.
Investigation Committee
19D
Subject to the power of the Committee under paragraph 25 below to co-opt members, the Investigation Committee shall be constituted as provided by rules made under this paragraph by the General Council.
Fitness to Practise Panels
19E
Subject to the restrictions on membership specified in paragraph 23 below and to the power of the Panel under paragraph 25 below to co-opt members, a Fitness to Practise Panel shall be constituted as provided by rules made under this paragraph by the General Council.
Supplementary
23
Rules under paragraphs 19A, 19C and 19E above shall secure that—
a
only persons who are not members of the General Council shall be members of an Interim Orders Panel, a Registration Appeals Panel or a Fitness to Practise Panel;
b
a person who sits as a member of an Interim Orders Panel or Fitness to Practise Panel that has made an interim order in proceedings on any case shall not sit as a member of a Fitness to Practise Panel in any subsequent proceedings in that case; and
23B
Rules under paragraph 19A, 19B, 19C, 19D or 19E above may make provision as to quorum.
24
Rules under paragraph 19A, 19B, 19C, 19D or 19E above shall not come into force until approved by order of the Privy Council.
25
1
Without prejudice to the preceding provisions of this Part of this Schedule the General Council may constitute F21... one or more committees.
F221A
Any committee of the General Council may consist of or include persons who are not members of the Council.
F172
F23Subject to and in accordance with paragraph 23 above, a Committee of the General Council may, if authorised to do so by the General Council, co-opt such persons (whether or not members of the Council) as the Committee think fit.
3
The General Council may delegate to any committee of the Council such of the Council’s functions as they think fit but the determination of the remuneration payable to visitors appointed by the Education Committee under section 7(1) F32or 13(1)F32or 10A(6) of this Act or to inspectors appointed by that Committee under section 6(2) of this Act shall be subject to the approval of the General Council.
F264
Except where rules made by virtue of paragraph 23B above make provision as to quorum in the case of any of the statutory committees, the quorum of a committee of the General Council shall be such as the Council may from time to time determine.
5
There shall be paid to the members of the committees of the General Council such remuneration and such travelling, subsistence or other expenses as the Council may allow.
Part IV The Branch Councils
26
1
There shall continue to be a branch council for England, for Wales, for Scotland and for Northern Ireland.
F182
The branch council for each area shall be constituted as provided by the General Council.
2A
Some or all members of a branch council may be persons who are not members of the General Council.
3
The General Council may delegate to a branch council such of the functions of the General Council F33(other than those conferred by section 39 of this Act) as the General Council think fit.
27
Each branch council shall appoint a registrar of the council but the person appointed to be registrar of the General Council—
a
shall also be registrar of the branch council for England; and
b
may also be registrar of all or any of the other branch councils.
28
The General Council shall furnish each branch council with such sums as the branch council may require for defraying any expenses incurred by the branch council with the approval of the General Council; and each branch council shall furnish the General Council with such evidence as the General Council may reasonably require of all payments made by the branch council out of sums furnished by the General Council.
F1929
There shall be paid to the members of the branch councils such remuneration and such travelling, subsistence or other expenses as the General Council may allow.
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)