Health and Social Care Professionals Act 2005

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SCHEDULE 1

The Council: Miscellaneous Provisions

Section 6 (5).

Definitions.

1. In this Schedule, except where the context otherwise requires—

“casual vacancy” means a vacancy in the membership of the Council caused by a person ceasing under paragraph 7 to be a member of the Council;

“chairperson” means the chairperson of the Council;

“member” means the chairperson or an ordinary member;

“ordinary member” means a member of the Council other than the chairperson.

Seal of Council.

2. (1) The Council shall, as soon as practicable after its establishment, provide itself with a seal and shall retain possession of its seal.

(2) The seal of the Council must be authenticated by—

(a) the signature of its chairperson or other member authorised by it to act in that behalf, and

(b) the signature of a member of the Council's staff authorised by it to act in that behalf.

Term of office of ordinary members.

3. (1) Subject to subparagraph (2), an ordinary member holds office for a term of 4 years from the date of his or her appointment.

(2) One-half of the ordinary members of the Council first constituted under this Act hold office for a term of 2 years from the date of their appointment.

(3) The members who are to hold office for a term of 2 years shall be decided by lot to be drawn in the manner that may be determined by the Minister.

(4) No person may hold office as an ordinary member of the Council for more than 2 consecutive terms.

(5) A term of 2 years under subparagraph (2) is not to be counted for the purpose of subparagraph (4), but a term of any duration resulting from an appointment to fill a casual vacancy is to be counted for that purpose.

Term of office of chairperson.

4. (1) The chairperson holds office for the term specified under subparagraph (2) at the time of appointment.

(2) The Minister may specify a term of not less than 3 years and not more than 6 years as the chairperson's term of office.

Removal from office.

5. (1) The Minister may at any time remove a member from office if—

(a) in the Minister's opinion the member has become incapable through ill-health of performing his or her functions,

(b) the member has committed stated misbehaviour, or

(c) the removal of the member appears to the Minister to be necessary for the Council to perform its functions effectively.

(2) Subparagraph (1) is not to be taken to limit the Minister's power under section 24 to remove any or all of the members.

Resignations.

6. (1) The chairperson may resign office at any time by giving to the Council written notice of resignation signed by him or her.

(2) An ordinary member may resign membership at any time by giving to the chairperson written notice of resignation signed by the member.

(3) The resignation of the chairperson or an ordinary member becomes effective on the date of the Council's meeting next held after written notice of the resignation is received by the Council or the chairperson, as the case may be.

Termination of membership before completion of term.

7. Despite paragraphs 3 and 4, a person ceases to be a member of the Council if the person—

(a) is removed from office under paragraph 5, section 15 or section 24 ,

(b) resigns or dies, or

(c) ceases, if appointed under section 9 (3)(a), to be a registrant of the designated profession by virtue of which he or she was so appointed.

Casual vacancies.

8. (1) If a casual vacancy occurs among the members (other than those appointed under section 9 (3)(a))—

(a) the Council shall notify the Minister as soon as practicable, and

(b) the Minister, after consulting any body or organisation that he or she considers appropriate, shall, within 8 weeks after being notified of that vacancy, appoint a person to fill the vacancy.

(2) If a casual vacancy occurs among the ordinary members appointed under section 9 (3)(a), the Council shall co-opt to fill the vacancy a person who would, under this Act, be eligible to be elected and nominated for appointment under that section and the Minister shall appoint that person.

(3) A person appointed under this section to fill a casual vacancy holds office for the unexpired portion of his or her predecessor's term of office.

Convening meetings and notifying members.

9. (1) The first meeting of the Council is to be held on the day appointed by the Minister and the members shall be notified by the Minister of the date, time and place of the meeting.

(2) The Council shall hold at least 4 meetings in each year and may hold any other meetings that it considers necessary for performing its functions.

(3) The chairperson—

(a) on his or her own initiative, may convene a meeting of the Council, and

(b) when requested to do so by a requisition signed by not fewer than 10 members, shall convene a meeting of the Council.

(4) If, after being requested under subparagraph (3), the chairperson refuses to convene a meeting, any 5 members may convene a meeting as soon as practicable.

(5) If the chairperson, without refusing, fails to convene a meeting within 7 days after being requested under subparagraph (3), any 5 members may convene a meeting at the end of that period.

(6) At least 3 clear days before a meeting of the Council, other than the first meeting, notice of the date, time and place of the meeting shall be sent to each member.

Quorum.

10. At least 40 per cent of the members in office constitute a quorum at a meeting of the Council.

Chairing of meetings.

11. (1) While present at a meeting of the Council, the chairperson of the Council shall chair the meeting.

(2) If the chairperson of the Council is not present or if the office of the chairperson is vacant, the members present at the meeting shall choose one of their number to chair the meeting.

Voting at meetings.

12. (1) Subject to paragraph 10, at a meeting of the Council each question shall be determined by a majority of the votes of the members present and voting on the question.

(2) If there is an equal division of votes, the question shall be determined by a second or casting vote of the person chairing the meeting.

Power to act despite vacancy or defect in appointment.

13. (1) The Council may act despite one or more than one vacancy among its members, provided there is a quorum.

(2) The proceedings of the Council are not invalid by reason only of any defect in the appointments to the Council or in the qualifications of any of its members.

Minutes of meetings.

14. (1) The Council shall ensure that minutes of each meeting of the Council are prepared and that they include the names of all persons present at the meeting.

(2) The minutes of a meeting shall be submitted for confirmation as an accurate record at the next meeting of the Council.

(3) When confirmed, with or without amendment, the minutes of a meeting shall be signed by the person chairing the meeting at which they were submitted for confirmation.