North Staffordshire Local Medical Committee

CONSTITUTION

TITLE

The committee shall be known as The North Staffordshire Local Medical Committee

TERMS OF REFERENCE

The remit and duties of the committee shall be:

1.                   To provide authoritative advice on all matters relevant to general practice in the area.

2.                   To maintain a continuing and appropriate relationship with the Strategic Health Authority and its executives, and advise them on all matters relevant to general practice.

3.                   To maintain a continuing and appropriate relationship with the Primary Care Trusts and their executives and advise them on all matters relevant to general practice.

4.                   To maintain close liaison with University, academic and other educational establishments as appropriate.

5.                   To consult, advise and co-ordinate activities between various interest groups in the area and co-ordinate responses to District and Regional initiatives pertaining to primary care

6.                   To nominate suitably experienced general practitioners to membership of working parties and advisory groups concerned with health care.

Interpretation

The paragraph headings shall be taken into account in the interpretation of this constitution and where the context so requires

·              The male gender shall be deemed to include the female gender

·              The singular number shall include the plural number

·              References to statutes or parts or sections of statutes shall include any statutory modifications or re-enactments thereof or any regulations orders or directions made thereunder for the time being in force.

Definitions

1.         THE COMMITTEE

1.1            Membership

The committee shall consist of:

1.1.1   Elected Members           

Twenty represented members elected in accordance with the provisions of this constitution, and the expression “elected members” shall where the context so requires include those persons co-opted to fill a vacancy in accordance with clause 1.4.

1.1.2   Co-opted members

The committee may appoint in addition to the members of the committee any duly qualified members to a number not exceeding three.  Consideration will be given to co-opting a GP Registrar.

1.3     Term of office

A period during which an officer of the committee or a committee member holds office concluding at the end of the committee’s year.

1.4     Vacancies

Where the number of persons elected under paragraph 1.1.1 is less than the number of persons mentioned in such paragraph by reason that no or insufficient qualified candidates have been nominated the committee may within three months after the election co-opt duly qualified persons to fill the vacancies.

A casual vacancy will occur on

·              The resignation, death or disqualification of an elected member of the committee

Within three months of such a vacancy occurring the committee shall fill the same by the co-option of a practitioner who as far as possible represents the same class of practitioners or interest as the person in post prior to the vacancy arising.

Pending the filling of any vacancy the proceedings of any committee shall not be invalid by reason of such vacancy.

A person co-opted to a vacancy shall hold office for the remainder of the period for which the person in whose place he is co-opted would have been entitled to hold office.

1.5.     Retirement

A member of the committee whether elected or co-opted may retire on giving written notice delivered to the secretary and the retirement shall take effect on the date specified in the notice if a date is given or if not on the date when the notice is received by the secretary.

1.6.     Disqualification

A member of the committee shall be disqualified if:

1.6.1.            He ceases to be a registered medical practitioner

1.6.2.            He is suspended from the medical register

1.6.3.            He has had his name removed, by a direction under section 46 of the Act (or any provision in force in Scotland or Northern Ireland corresponding to that provision), from any list prepared under part II of that Act, and has not subsequently had his name included in such a list

1.6.4.            He is suspended as respects the provision of general medical services under the Act by a direction of the tribunal constituted under section 46 of that Act made pursuant to section 49A(2) or section 49(B)(1) of that Act (or any provision in force in Scotland or Northern Ireland corresponding to those provisions)

1.6.5.            He ceases to be recognised by the authority as providing or performing personal medical services as a section 28C practitioner pursuant to a section 28C agreement

1.6.6.            He fails to disclose a pecuniary interest in a matter which is the subject of consideration at a meeting of the committee or of one of its subcommittees and takes part in the consideration or discussion of that matter or votes on any question with respect to that matter

1.6.7.            He fails to attend a meeting of the committee for a period of three meetings unless the members of the committee excluding the absent member are satisfied that the absence was due to a reasonable cause and that the absent member will be able to resume attending meetings of the committee within such period as is considered reasonable.

A co-opted member of the committee shall be disqualified if he ceases to hold the office or qualification which entitled him to be a member of the class of co-opted members.

If any committee member’s registration with the General Medical Council is suspended he shall not be entitled to resume his membership of the committee for the remainder of the period for which he was originally appointed but he shall be permitted to stand afresh in the next following election if the suspension has ended prior to the date when the returning officer sends a written notice of election to each elector.

2.        ELECTIONS

2.1     Constituencies

The committee may if it wishes divide the area into a number of constituencies for administrative and electoral purposes.  If it does so it shall use its best endeavours to ensure, across each constituency, the fair and equitable representation of each class of represented member.

 2.2.     Term of office 

Elected members shall hold office for a term of four years save that after the first election of a new committee one half (to be determined by lot) shall hold office for two years.

 2.3.     Frequency

Save as provided in the case of a new committee the election of one half of the committee shall take place in the same month in every second year and elected members shall commence their term of office on the next following 1 April.

 2.4.     Method

Voting shall be by postal ballot of those represented members whose names appear in registers A, B and C on 1 January in each year that an election takes place, and who also contribute to the Statutory or Voluntary Levy.  The persons whose names are so included on such registers are referred to as “the electors”.

The returning officer shall send written notice of the election to each elector and such notice shall be sent so as to be delivered to the elector not less than fourteen clear days before the date of the election.

Each notice shall

·              State the date of the election

·              The number of vacancies so as to ensure the fair and equitable representation respectively of practitioners on registers A, B and C

·              State the date by which nominations must be submitted to the returning officer

·              Set out the nomination provisions, as set out below and

·              Enclose a nomination form

Each candidate shall be nominated by at least two electors and each nomination form must be accompanied by a statement in writing that he is prepared to accept office.

If the number of nominated candidates qualified for election in each category where there are vacancies does not exceed the number of vacancies the returning officer shall declare those candidates to be elected.  In other cases a vote shall be taken.

The returning officer may also disallow a voting paper if it does not comply with this constitution or if it causes uncertainty as to the candidates for whom the elector desires to record his vote, save that the returning officer may in his absolute discretion treat a voting paper so marked as valid for the purpose of any vote other than that in connection with which the uncertainty arises.

Voting papers received by the returning officer after the election date are invalid.

The returning officer, after examining the voting papers and determining the validity of the votes, shall use the Single Transferable Voting System to count the votes properly recorded and shall prepare a return for the candidates according to the number of votes which each has received the person receiving the greatest number being placed highest in the return.

Any question as to the validity of nomination or voting paper or otherwise in connection with an election shall be determined by the returning officer in his absolute discretion.

At the conclusion of the election the returning officer shall immediately give notice in writing of the result to all candidates

2.5.     Saving provisions 

No election shall be invalid by reason of any misdescription or non compliance with the provisions of this scheme or by reason of any miscount or of the non-delivery, loss or miscarriage in the course of post of any document required or authorised by this constitution to be despatched by post if the returning officer is satisfied that the election was conducted substantially in accordance with the provisions of this constitution.

3.            MEETINGS

3.1     First meeting

The returning officer shall give not less than seven days clear notice to the members of the committee of the time and place of the first meeting.  The secretary shall inform the electors of the identity of each of the committee members.

3.2.     Quorum 

A quorum shall be one third of the committee members but if one third is not a whole number the next whole number above one third.

3.3.     Voting

Only elected members of the committee may vote at committee meetings.  If at any committee meeting there is an equality of votes the presiding officer shall have a second and casting vote.

3.4.     Observers

The committee may in its absolute discretion invite such persons as it thinks fit to attend the whole or any part of any committee meeting.

3.5.     In camera

The committee may require all or any of the invited observers to withdraw from any meeting if it wishes to consider any business in camera.

3.6.     Chairman   

The committee shall elect a chairman from amongst its number.  For such part of any meeting that the chairman be not present the chair shall be taken by the vice chairman.

3.7.     Vice chairman 

The committee shall elect a vice chairman from amongst its number.  If for any part of any meeting neither the chairman or the vice chairman be present the committee shall elect another of their number to act as the presiding officer for the duration of that meeting.

3.8.     Treasurer

The committee shall elect a treasurer from amongst its number

3.9.     Secretary 

In the absence of there being an appointed secretary, the committee shall, from time to time and for such period and upon such terms as they may determine elect from amongst their members a person to act as secretary.

3.10.    Minutes

The secretary on behalf of the committee shall keep minutes of each meeting which shall be drawn up and submitted for agreement at the next meeting of the committee where, if agreed, they shall be signed by the person presiding over it.

4.            SUBCOMMITTEES           

4.1      Other

With the approval of the authority the committee shall have power from time to time to delegate any of their functions, with or without restrictions or conditions, to other subcommittees composed of members of the committee.

4.2      Disclosure of Interest

The provisions of paragraph 10 of this constitution shall apply to subcommittees as it applies to the committee.

5.        ANNUAL REPORT

In each year the committee shall prepare a report of their proceedings since the publication of the proceeding report together with a statement of statutory/administrative levy accounts and such report and statement shall be circulated to those whose names who are listed in registers A, B and C not later than three months after the committee shall have approved the same. 

6.        GENERAL MEETINGS           

6.1.     Frequency

Not less than once in every year the committee shall convene a meeting of the represented members

6.2.     Attendance

In addition to the represented members the following persons shall have the right to attend:

·              Any committee member

·              The secretary

·              Such other persons as the committee may in their absolute discretion determine.

6.3.     Business

The following business may be transacted:

·              The receipt and consideration of the annual report

·              Such other business of which 14 days notice has been given to the committee and which the committee in its absolute discretion accept as appropriate for discussion.

7.                 THE SECRETARY

7.1.     Appointment

The committee shall either elect a secretary from amongst its number in accordance with clause 3.9 or shall from time to time and for such period and upon such terms as they may determine employ a person to act as an appointed secretary.  On assuming office such secretary shall notify the authority thereof.  If an appointed secretary is not a medical practitioner the committee shall invite such a practitioner to act as a medical advisor and his name shall be notified to the represented members.

7.2.     Functions

The secretary, whether elected or appointed, shall maintain the register of members and the GPC voting register and shall carry out such functions as the committee from time to time request.

8.                  FUNDING

8.1.     The administrative levy 

The administrative expenses of the committee may be collected on a statutory basis from all represented members whose names appear on register A and on a voluntary basis from those represented members whose names appear on registers B and C.

8.2.     The voluntary levy

The committee may raise an additional voluntary levy from represented members whose names appear on registers A, B and C to cover its other expenses.

8.3.     Collection 

The method of collection of the voluntary contribution to the administrative expenses of the committee and the voluntary levy shall be determined by the committee in conjunction with the authority.

8.4.     Amount   

The amounts of the voluntary contribution to administrative expenses and the voluntary levy shall respectively be determined by the committee having regard to the requirements of openness, transparency and equity and upon an estimation of the proportion of administrative and other expenses attributable to each class of represented member.

8.5.     Accounting 

The committee will maintain separate accounts for the administrative levy and the voluntary levy.  The accounts for the administrative levy may be subject to audit by the authority and must clearly identify the statutory element paid by practitioners on register A and the voluntary basis by practitioners on registers B and C.

9.       NOTICES

Where a document is required to be sent to an elector it shall be deemed to have been duly sent if it was delivered or posted to the address of the elector shown respectively in one of registers A, B or C.

10.      DISCLOSURE OF INTEREST

If an officer of the committee or a committee member has an interest, direct or indirect, and is present at a meeting of the committee when the matter is the subject for consideration he shall at the meeting and as soon as practicable after its commencement disclose that fact and shall not take any part in the consideration of the contract proposed contract or other matter or vote on any question with respect to it.

If any officer of the committee or a committee member has any doubts about whether or not he has such an interest he shall report the matter to the chairman who shall advise as to whether or not the matter should be declared.

12.       AMENDMENTS TO CONSTITUTION

 This constitution may be amended in the following manner:

 12.1            Proposals for such amendment shall be sent to the secretary of the committee who shall place them before the committee for consideration at the earliest opportunity but the committee will not consider the same until at least seven clear days notice of such proposals shall have been received by the members of the committee.

 12.2            After such proposals have been considered by the committee, the secretary of the committee shall, if requested so to do by not less than two-thirds of the members of the committee or one third of electors, embody in a letter any proposed amendment of this scheme of which the committee has approved and circulate such letter to all practitioners on the electoral roll with an invitation to such practitioners to submit to the secretary their comments on such proposals within 14 days after the date of the dispatch of such letter.

 12.3            At a further meeting the committee shall consider all replies that have been received and shall determine whether the proposed amendment (either as circulated or as varied as the result of the consideration of such replies) shall be adopted and if so that the approval of the authority be sought

 12.4            If such approval is granted the Secretary shall notify the committee at its next following meeting and thereupon the amendment shall take effect immediately.  At the same time the secretary shall notify the proposer of the original amendment and a report of the amendment shall be included in the next following annual report.

 13.       WINDING UP

If upon any amalgamation or reorganisation of the committee there remain any residual funds or liabilities the same shall be distributed between such other committees that may be involved in the amalgamation or reorganisation so as equitably to reflect the proportions in which represented members are transferred to other committees.

(Amended November 2006)