The General Chiropractic Council (Constitution of the Statutory Committees) (Amendment) Rules Order of Council 2009

Made: 12th October 2009

Coming into force: 2nd November 2009

Their Lordships, having considered the Rules, are pleased to and do approve them.

This Order may be cited as the General Chiropractic Council (Constitution of the Statutory Committees) (Amendment) Rules Order of Council 2009 and shall come into force on 2nd November 2009.

SCHEDULE — THE GENERAL CHIROPRACTIC COUNCIL (CONSTITUTION OF THE STATUTORY COMMITTEES) (AMENDMENT) RULES 2009

The General Chiropractic Council makes the following Rules in exercise of the powers conferred by section 35(2) of, and paragraphs 16(2), 17(4), 30 and 30A of Schedule 1 to, the Chiropractors Act 1994.

Citation and commencement

1

These Rules may be cited as the General Chiropractic Council (Constitution of the Statutory Committees) (Amendment) Rules 2009 and shall come into force on 2nd November 2009.

Amendments of the General Chiropractic Council (Constitution of the Statutory Committees) Rules 2009

2

The General Chiropractic Council (Constitution of the Statutory Committees) Rules 2009[^f00002] are amended as follows:

3

In rule 5 (the Investigating Committee: composition, terms of office of ordinary members and quorum)—

• (1) for paragraph (1) substitute the following paragraphs—

(1) The membership of the Investigating Committee shall consist of the registered chiropractors and lay persons included in the list of not more than 30 persons maintained by the General Council of persons appointed to the Committee. (1A) Members of the Investigating Committee may attend only the proceedings of the Committee that they are invited to attend by the Registrar, or by a person duly authorised on the Registrar’s behalf to invite them. (1B) If the members of the Investigating Committee who are attending particular proceedings propose to co-opt a member for the purposes of consideration of those proceedings, approval for the co-option must be sought in accordance with rule 11.

• (2) after paragraph (3) insert the following paragraph—

(3A) The panel of ordinary members and any co-opted members attending particular proceedings of the Investigating Committee may perform any functions of the Committee that are relevant to those proceedings.

; and

• (3) for paragraph (4) substitute the following paragraph—

(4) The quorum for the Investigating Committee (that is, for panels of members as mentioned in paragraph (3A)) shall be 3, of which at least one must be— (a) a registered chiropractor; (b) a lay person (who may or may not be the person chairing the meeting); (c) the person chairing the meeting (who may also be the one necessary lay person, mentioned in sub-paragraph (b)), who must be a person appointed in accordance with rule 6(1).

4

For rule 6 (Chair and deputy chair of the Investigating Committee) substitute the following rule—

(6) (1) The General Council shall appoint, from amongst the lay persons who are members of the Investigating Committee, persons to chair proceedings of the Committee (“panel chairs”). (2) Of those persons, the General Council shall designate one panel chair of the Investigating Committee to act as the chair of the Committee. (3) If the Registrar or the person duly authorised on the Registrar’s behalf (“the inviter”) does not invite the chair to attend particular proceedings of the Investigating Committee— (a) the inviter must invite another panel chair to those proceedings; and (b) that panel chair shall chair the proceedings in place of the chair of the Committee. (4) A person serving as chair or panel chair of the Investigating Committee shall cease office— (a) if that person ceases to be a member of the Investigating Committee; (b) if that person resigns as chair or panel chair (or both), which the person may do at any time by a notice in writing to the General Council; (c) if that person’s membership of the Investigating Committee is suspended by the General Council; or (d) if the General Council votes to terminate that person’s appointment as chair or panel chair (or both).

Signed

Judith Simpson — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

The Rules approved by this Order amend the General Chiropractic Council (Constitution of the Statutory Committees) Rules 2009.

Rules 3 amends the composition of the Investigating Committee of the General Chiropractic Council (“the GCC”) to provide for a membership of not more than 30 persons, including registered chiropractors and lay persons, whose names will be on a list maintained by the GCC. Panels of members drawn from the membership list will be invited to attend particular proceedings and the quorum for the committee will be reduced from 5 to 3 members.

Rule 4 amends the chairing arrangement for the Investigating Committee to provide for each panel to be chaired by a panel chair, appointed by the GCC – and one of the panel chairs will be designated by the GCC as the overall chair of the committee.

By these Rules, the provisions for the composition, quorum and the chairing of the Investigating Committee will become the same as those currently for the Professional Conduct Committee and the Health Committee of the GCC.

Footnotes

[^f00001]: 1994 c.17: section 35(2), and paragraph 16(2) were amended by, and paragraph 30 was substituted by, SI 2008/1774. Paragraph 30A was inserted by SI 2009/1182

[^f00002]: Schedule to S.I. 2009/26