Medical Act 1983 (Amendment) Order 2002
| Jurisdiction | UK Non-devolved |
(1) This Order may be cited as the Medical Act 1983 (Amendment) Order 2002.article 2 in so far as it relates to the provisions commenced by sub-paragraphs (b) to (h) and (k) below;article 3;article 4, except in so far as it relates to the new paragraphs 1(3) , 2(4) (c) , 2(5) (b) , 3(2) (b) and 4A of Schedule 1 to the Act;article 6(2) to (10) , and article 6(1) in so far as it relates to those provisions;article 7(2) (a) (i) and (ii) and (2) (b) , and article 7(1) in so far it relates to those provisions;article 9(2) , (3) , (4) (a) to (c) and (5) (c) ;article 10, in so far as it relates to section 29G(1) (a) , (2) and (3) ;article 15(1) , (6) (a) and (b) , (6) (c) in so far as it provides for the definition of “exempt person”, “professional performance” and “revalidation”, and (7) ;article 16(3) to (5) ;paragraph 11 of Schedule 1, and article 16(1) in so far as it relates to that paragraph; andparagraphs 2, 3, 4, 34 and 35 of Schedule 2, and article 16(2) and paragraph 1 of that Schedule in so far as they relate to those paragraphs,(3) Different days may be specified under paragraph (2) for different purposes and any day so specified shall be caused to be notified in the London, Edinburgh and Belfast Gazettes published not later than one week before that date.(4) Subject to paragraph (5) , this Order shall extend to England and Wales, Scotland and Northern Ireland.(5) The extent of any amendment of any enactment or instrument in Schedule 1 is the same as that of the enactment or instrument amended.(6) In this Order, “the Act” means the Medical Act 1983 The Act shall be amended in accordance with articles 3 to 15 of this Order. In section 1 (the General Medical Council) after subsection (1) insert— The main objective of the General Council in exercising their functions is to protect, promote and maintain the health and safety of the public.(1) Schedule 1 (the General Medical Council and its committees, and the branch councils) is amended as follows.(2) In paragraph 1 after sub-paragraph (2) insert—
- (3) The General Council shall consist of no more than 35 members.
- (1A) 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.
- (4) 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.
- (5) 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.
- (1) 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) A nominated member shall be a person who is neither fully registered nor a holder of any qualification registrable under this Act.
- (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.
- (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.
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