Standing orders
Revised December 2005
Chapter 1
Election, appointment or nomination of members
1. Records shall be kept, showing in respect of each member his or her:
a. Date of election, appointment or nomination.
b. Electoral constituency, appointing body or nominating authority.
c. Date of birth.
d. Term of office.
e. Date of retirement, resignation or death.
2. The procedure at an election of elected members shall be as laid down in the Scheme made by the Council under Schedule 1 of the Medical Act 1983 and approved by the Privy Council.
3. At least two months before the expiry of the term of office of any appointed or nominated member, the Registrar shall draw the attention of the appointing body concerned or of the Privy Council, as the case may be, to the ensuing vacancy. The Registrar shall request the appointing body or the Privy Council to provide not later than the day on which the member will vacate office, the name of the person appointed or nominated to fill the vacancy and the period for which that person has been appointed or nominated.
4. Where any Branch Council has appointed as Registrar or Secretary a person other than the Registrar of the General Council, the Registrar of the Council shall notify such Branch Registrar or Secretary of any change in the membership of that Branch Council.
5. The names of all members newly elected or re-elected, appointed or reappointed, and nominated or renominated, shall be reported to the Council at each meeting.
Chapter 2
Meetings and agenda of the Council
1. A meeting of the Council may be summoned at any time by the President and shall be summoned on a written requisition signed by not less than one-third of the members and addressed to the President.
2. The chief medical officers of the four health departments shall, by virtue of their office, be entitled to attend meetings of the Council; and shall have the right to address the Council at their request or at the invitation of the President or other person chairing the meeting.
3. All Council meetings and discussions should be in public, except where issues of personal, commercial, legal, or other confidentiality matters arise.
4. Transcripts should be kept of all Council meetings and discussions, unless by decision of the Council members present, the transcript is suspended.
5. The President and the Registrar shall prepare the agenda for each meeting.
6. All meetings of the Council shall be convened by the Registrar, by notice addressed to each member. Such notice shall be sent not less than three weeks before the meeting to which it relates; and shall be accompanied by the draft agenda for the meeting.
7. A member may propose a subject for inclusion in the main agenda by writing to the Registrar not less than two weeks before the meeting. The President will decide whether the matter falls within or is relevant to the GMC's statutory functions. The President may include the subject in the Council agenda or refer it to a Committee or officer.
8. The Registrar shall despatch to each member of the Council not less than ten days before each meeting copies of the agenda and accompanying documents.
9. A member who wishes to propose a subject for short notice debate, after the
despatch of the main agenda, shall notify the Registrar of this in writing . The President shall include it in the agenda if:
a. It falls within, or is relevant to, the statutory functions of the Council.
b. It is not a matter which the Council has validly decided within the previous 12 months.
c. The proposal is supported by the signatures of five other members.
d. The member has not proposed any other subject for inclusion in the same agenda.
10. Additionally, members may raise subjects which are for debate by notifying the Registrar in writing by no later than the start of the Council meeting. No member may raise more than one subject. Subjects raised should:
a. Not be covered elsewhere on the agenda.
b. Not propose a motion to be put to a vote.
11. At each meeting of the Council the Registrar shall table:
a. A supplementary agenda containing any further matters included after the despatch of the main agenda.
b. The text of any amendments to recommendations, made in the documents already circulated, of which notice has been received.
Chapter 3
Order of business at meetings of the Council
1. No business shall be discussed by the Council which has not been included in the agenda.
2. Each Committee shall report at least annually to Council or at Council's discretion.
3. A member may propose an amendment to a recommendation on a Council paper or to a motion included in the agenda. The amendment must be proposed and seconded before it can be discussed. The Chair may require the amendment to be in writing and may read the amendment to the meeting. The proposer has the right of final reply to the amendments. The seconder may speak at any time during the debate but has no right of reply.
4. Once an amendment has been proposed it must be disposed of before any other amendment can be made. After it has been disposed of a further amendment may be moved and disposed of. If all amendments are rejected the original amendment or motion shall then be disposed of. The procedure for deciding any question put to the Council shall be as in paragraph 6 of this chapter.
5. When a proposal or recommendation made in a report by a committee, or a motion that a report by a committee be approved, is under debate, no further proposal shall be received except one of the following:
a. An amendment, namely that the proposal, recommendation or motion be amended as follows.
b. The closure of the debate, namely that ‘the Council do now proceed to vote on the recommendation, proposal or amendment'.
6. When an amendment to a proposal or recommendation made by a committee, or when any motion, proposal or recommendation not made in a report by a committee, is under debate, no further proposal shall be received except one of the following:
a. The closure of the debate, namely that ‘the Council do now proceed to vote on the amendment, proposal or motion'.
b. The postponement of the matter, namely that ‘the Council postpone consideration of the amendment, motion or proposal either until its next meeting or indefinitely'.
c. That ‘the Council, instead of proceeding to deal with the
amendment, motion or proposal, pass to the next item of business'.
7. Any amendment shall be dealt with as provided in paragraph 5 or 6 above.
8. a. A proposal for the closure of the debate, or to postpone consideration of a matter, or to pass to the next item of business may be made at any time by the President, and if the Council agree shall then be adopted. If such a proposal, when made by the President, is opposed, the President shall then put the proposal to the vote.
b. Without prejudice to the powers of the President under the foregoing paragraph, any other member may make one of these proposals. If seconded such a proposal shall be put to the vote without debate.
9. Subject to the foregoing paragraph such time shall be allowed for discussion on each item of the agenda as appears to the President to be reasonable, having regard to the importance of the matter and to the need to despatch the remaining business on the agenda.
10. The procedure for making decisions on proposals, recommendations or amendments shall be as follows:
a. Where there is a clear consensus at the end of a debate, after giving an opportunity for contrary views to be expressed, the President shall invite the Council to note the decision without recourse to a vote.
b. Where there is no clear consensus, where the decision is of particular sensitivity or importance, where a significant number of members have made it clear they would prefer a vote to be taken, or where, for some other reason, the President judges it appropriate, the matter shall be put to the vote.
c. Members shall indicate their vote by show of hands or electronically, unless at least five members formally request a written vote.
d. The Registrar shall declare the numbers of votes and abstentions, which shall be recorded in the minutes of the meeting.
e. Once a matter has been put to the vote, no other contribution to the debate shall be allowed unless a member wishes to raise a point of procedure directly related to the vote being taken.
Chapter 4
Council Minutes
1. The proceedings of the Council shall be recorded in minutes.
2. The minutes of each meeting shall record the decisions of the Council on each item of business, and shall also contain such motions and amendments as have been proposed and adopted, or rejected, with the names of the proposer and seconder, but without any comment or observation of members annexed thereto.
3. Draft minutes of Council meetings should be produced and distributed within 14 days; minutes (in so far as consistent with preserving personal, commercial, legal or other confidentiality) should be included on the agenda for the next Council meeting.
4. Draft minutes sent to members in accordance with paragraph 3 of this Chapter shall be taken as read, but at the next meeting of the Council the President shall put the question that the minutes of the previous meeting of the Council be approved as a true record. No motion or discussion shall take place upon the minutes, except upon their accuracy, and any question of their accuracy shall be raised by motion. If no such question is raised or, if it is raised, then as soon as it has been disposed of, the President shall declare that the minutes are approved.
5. The President shall sign the minutes of each meeting once they have been approved.
6. No report from any committee of the Council shall appear in the minutes of the Council until it has been presented to the Council.
Chapter 5
President and deputy to the President
1. Elections of a President of the Council under paragraph 16 of Schedule 1 to the Medical Act 1983 shall be conducted in the manner provided by this chapter.
2. Two written nominations shall be required. Any member of Council who wishes to nominate a member for election shall do so by writing to the Registrar. The nomination must be supported in writing by a second member and by the written confirmation of the member nominated of agreement to serve, if elected.
3. If more than one nomination is received, a ballot will be held. If more than two nominations are received the single transferable vote shall be used for the election.
4. An election of the President shall be conducted in the following manner.
5. Notice of an election shall be given before the meeting both in the notice required and in the agenda required by Chapter 2 in relation to any meeting at which a President is to be elected.
6. The President shall be elected on the basis of written nomination. Any member of the Council who wishes to nominate a member for election as its President shall do so by writing to the Registrar at least fourteen days before the meeting at which a President is to be elected. The nomination must be supported in writing by a second member of the Council and by the written confirmation of the member nominated of agreement to serve, if elected.
7. Where only one valid nomination has been received by the appointed date, the nominee shall be declared elected at the meeting of the Council when the election is to take place. Where there is more than one nominee, the President shall be elected by ballot, using the single transferable vote. Every member of the Council present at the meeting shall be entitled to vote in the election. For the purpose of the election the Registrar shall circulate with each voting paper a list showing:
a. The names of those nominated for election as President.
b. Whether each nominee is an elected or an appointed or a lay member.
c. In the case of an elected member the relevant electoral constituency and in the case of an appointed member the appointing body.
d. The date on which each nominee's term of office as a member of the Council is due to end.
e. The date of the nominee's 70th birthday.
8. The Registrar shall conduct the ballot and shall arrange for the voting papers to be collected and for the votes to be counted in accordance with the rules for counting votes appended to the Scheme made by the Council for the election of elected members to the Council.
9. When the votes have been counted the Registrar shall announce the results of the election to the Council.
10. a. If an election takes place before the end of the term of office of an outgoing President, the newly elected President will take office on the expiration of the previous President's term. If an election takes place when the office of President is vacant, the newly elected President will take office immediately.
b. Subject to paragraph 10c below, the person elected shall then hold office for the rest of the term for which he or she has been elected, appointed or nominated as a member of the Council.
c. A person who has served as President shall, on being re-elected, reappointed or renominated as a member of the Council, be eligible for
re-election as President provided that no person may hold the office of President for a period or periods which in the aggregate exceed six years.
11. a. It shall be open to the President to appoint a deputy if he or she so desires, with whom the President shall agree a division of responsibilities.
b. Any member of the Council shall be eligible for appointment as Deputy President, but any committee chairman appointed shall be required to resign from that post. A person who has served as deputy shall be eligible for the reappointment to the position of Deputy.
12. a. A person who has been elected as President may resign this office by letter addressed to the Registrar. If this occurs, or on the death of the President:
i. If a deputy to the President has been appointed that person shall perform the duties assigned to the President by the Standing Orders until the office has been filled by election in the manner provided by this chapter.
ii. If no deputy to the President has been appointed, the Registrar shall forthwith inform the members of the Council and convene a meeting of Council as soon as may be reasonably practicable. The Council shall then appoint a member to perform the duties assigned to the President by the Standing Orders until the office has been filled by election in the manner provided for by this chapter.
b. If at any time the President is temporarily unable to perform the duties assigned to him or her by the Standing Orders, those duties shall be performed by the deputy to the President, if one has been appointed. If no deputy to the President has been appointed, the President may nominate a member or members to undertake such duties.
c. If the President at any time is unable to attend a meeting of the Council, and a deputy to the President has been appointed, that person shall chair the meeting. If no deputy to the President has been appointed, the Council shall appoint another member to act temporarily as Chairman of the Council in the absence of the President.
Chapter 6
Committees
Statutory committee
Education Committee
Constitution
1. The Education Committee established under section 1(3) of the Medical Act 1983 and shall comprise such members as may be appointed or elected from time to time by the Council.
2. The Committee shall be reconstituted twice in each four year term, at the beginning and at the mid-way point.
3. The quorum of the Committee is six.
4. The Committee shall elect a Chairman annually from among its members. No person who is a Council member shall be appointed as chairman for a term of office exceeding that for which he or she has been elected, appointed or nominated as a member of the Council.
5. The Committee may appoint one or more sub-committees.
Membership
6. The composition and size of the Education Committee shall be:
Medical members, elected by Council 3 members
Lay members, elected by Council 4 members
Members appointed to Council by undergraduate bodies 1 member
Members appointed to Council by postgraduate bodies 1 member
Co-opted members, recommended by educational bodies 8 members
The Committee should have five Observers.
Frequency of Meetings
7. The Committee shall meet at least once a year.
Duties
8. The purpose of the committee is ‘t o promote high standards of medical education and co-ordinate all its stages'.
9. The duties of the committee are:
a. To define and publish recommendations on:
i. Standards for basic medical education.
ii. The standard to be reached in qualifying examinations.
iii. The patterns of experience needed to provide medical graduated with suitable general clinical training prior to full registration.
b. To ensure that the above standards are met and maintained by the organisations in the UK which provide undergraduate medical education and general clinical training.
c. To co-ordinate, and promote high quality in, all stages of medical education.
d. To make representations to the Privy Council, if, in the Committee's view:
i. A new UK qualifying examination should be added to the list of those which confer the right to registration; or
ii. A UK course of study or qualifying examination no longer secures the standard required for registration.
e. To determine which qualifications, if any, should be registrable in addition to a doctor's primary medical qualifications.
f. To consider and determine, on behalf of the Council, applications for special arrangements for the pre-registration year for doctors suffering from lasting physical disability.
Reporting and Circulation of Minutes
10. Committee will report to the Council on its work to fulfil the statutory duties for which it is accountable to the Privy Council; and on the performance of the other functions the Council has delegated to it.
11. Minutes, in the first instance, shall be circulated to Committee Members, Observers, the Director of Registration and Education and the Chief Executive.
Other committees
12 In addition to the Education Committee required by the Medical Act, the following committees shall be appointed and maintained:
a. The Resources Committee
b. The Registration Committee
c. The Committee on Standards of Professional Conduct and on Medical Ethics
d. The Fitness to Practise Committee
e. The Committee for Diversity and Equality.
f. The Audit Committee
g. The Remuneration Committee
13. The members of these committees shall be elected twice in each four year term, at the beginning and at the mid-way point. They shall serve until the next election of the members of the committees. Any member who ceases to be a member of the Council shall thereupon cease to be a member of any committee. Each committee may co-opt to fill casual vacancies until the next election without the need to seek the Council's endorsement.
14. The President shall be ex-officio a member of each committee except the Audit Committee, and if present shall form one of the quorum.
Membership
15. The standard membership for each Committee will be seven Council members (four medical and three lay members) with a quorum of four (to include at least one lay member). This should apply to the non-statutory policy committees, the Resources Committee, and the Committee for Diversity and Equality. Committees, where necessary and with the agreement of Council, may depart from the standard membership model.
16. The Audit Committee should comprise five members, and the Remuneration Committee three members. The Audit Committee is to include three Council members (at least one medical and one lay member). The quorum for these Committees should be two Council members. No member of the Audit Committee shall be a member of the Resources Committee.
17. The Chair of the BMA Medical Ethics Committee will sit on the Standards and Ethics Committee as an Observer.
Minutes
18. As soon as the Committee Chairman has confirmed a set of minutes they will be sent to all committee members and posted on the members' website.
Reporting
19. Each Committee shall report at least annually to Council or at Council's discretion.
20. The Audit Committee shall prepare a report for inclusion in the annual report and accounts on its role and responsibilities.
Frequency of Meetings
21. All Committees shall meet at least once a year, and as often as the Committee feels is necessary to undertake the work.
22. Meetings may also be convened at the discretion of the chairman, or on the written requisition of a majority of members of the committee.
Authority
23. All Committees, except the Education Committee, act under authority delegated by Council. Council may vary the terms of the delegation at its discretion.
24. Each Committee is authorised to consider any activity within its terms of reference and it is authorised to seek any information which is relevant to its work from any member of Council or member of staff.
25. The Audit Committee may obtain outside legal or other independent professional advice and to secure the attendance of people with relevant experience and expertise if it considers this necessary.
Resources Committee
Constitution
The Treasurer, as elected by Council, shall be the Chairman of this Committe
Purpose
26. The purpose of the Committee is to guide the Council on the most appropriate strategy for the handling of financial and other resources; and to ensure that the Council is at all times in sound financial health.
Duties
27. The duties of the Committee are to:
a. Ensure that the Council is adequately resourced to achieve its aims.
b. Secure effective control of expenditure by scrutinising and authorising annual budgets.
c. Make recommendations on fees for entry to, retention on and restoration to the register; and to determine other fees and charges as delegated by the Council.
d. Consider the audited accounts and report on them to the Council.
e. Oversee the GMC's banking and investment arrangements and keep investment policy under review.
f. Determine policy on the remuneration, superannuation and conditions of service of GMC staff.
g. Determine the expenses policy for GMC members and others appointed to assist with specific functions.
h. Formulate an accommodation strategy and oversee the management of GMC premises.
i. Exercise any of the rights, powers, duties and discretion of the GMC under any staff pension scheme.
Registration Committee
Purpose
28. The purpose of the Committee is to enable the GMC to discharge its functions relating to registration.
Duties
29. The duties of the Committee are to:
a. Establish and maintain a policy framework securing a single standard for registration which doctors can reach by different routes; and, for doctors who qualify outside the UK and European Economic Area (EEA), to determine how attainment of that standard is to demonstrated .
b. Keep under review the statutory framework governing registration, making proposals for amendment where necessary.
c. Secure the fitness for purpose of the registers; and to determine policy on their content and publication and on access to them.
d. Advise the Council on the acceptance for registration purposes of medical qualifications granted outside the EEA.
e. Set guidelines under which GMC staff may determine individual applications for registration; for amendment of an entry; removal from the register; or restoration to the register.
f. Have overall responsibility for the PLAB test.
Committee on Standards of Professional Conduct and on Medical Ethics
Purpose
30. The purpose of the Committee is to foster excellence in medical practice by formulating guidance to doctors on the principles of good medical practice and ethics.
Duties
31. The duties of the Committee are to:
a. Analyse the issues raised by questions of professional conduct and medical ethics.
b. Formulate policy proposals for approval by the Council.
c. Draft guidance to doctors on such questions, for approval and publication by the Council.
d. Interpret and apply GMC policy in response to specific questions which cannot be resolved by the office.
e. Identify and respond to external events which may present threats to the GMC or offer opportunities to promote the GMC's role and work.
f. Ensure GMC guidance is ‘fit for purpose' for the GMC's own work in fitness to practise and revalidation.
g. Ensure guidance is ‘fit for purpose' from a patient/public perspective.
h. Work with other bodies to ensure consistency of guidance issued to doctors and its compatibility with guidance to other health professionals.
i. Assist in achieving recognition for the GMC as an authoritative and independent voice on issues facing doctors, patients and society.
Scope
32. The scope of the Committee is:
a. The guidance on standards of professional conduct and medical ethics issued by the Council.
b. The policies which inform our media public affairs work in areas relating to standards of professional conduct and medical ethics.
c. Relationships with other regulators, professional and patient and public bodies on matters relating to the development and harmonisation of guidance and standards.
The Fitness to Practise Committee
Purpose
33. The purpose of the Committee is to ensure that the GMC's Fitness to Practise procedures are fit for purpose and that the GMC discharges effectively its duty to deal with doctors whose fitness to practise is in doubt.
Duties
34. The duties of the Committee are to:
a. Monitor and review the operation of the Fitness to Practise procedures, including both the investigation and adjudication stages, and, where appropriate, agreeing changes to policy, guidance and practice;
b. Maintain arrangements for the effective audit and quality assurance of decisions at all stages within the Fitness to Practise procedures and, where necessary, to ensure that appropriate remedial and/or corrective action is taken;
c. Consider policy matters in relation to Fitness to Practise and to advise Council whether any changes are required and to make recommendations on necessary changes for consideration by Council. Where appropriate to consult externally;
d. Lead the review of the statutory framework in relation to Fitness to Practise, to advise Council on whether any changes are required and to make recommendations to Council for amendment and for the implementation of change;
e. Agree and monitor any research relating to the operation and development of the Fitness to Practise procedures;
f. Ensure the effective performance and development of all panelists serving on fitness to practise committees and panels, including ensuring that there are appropriate systems for selection, training, monitoring performance and, where necessary, for taking appropriate remedial or disciplinary action;
g. Ensure that the GMC contributes effectively to discussion, thinking and policy more widely on issues relating to fitness to practise, clinical governance and related issues;
h. Agree, monitor and consider the work undertaken by the sub-groups of the committee including both those involved in the development and work of the fitness to practise procedures and the audit and monitoring of the investigation and adjudication functions.
Scope
35. The scope of the Committee is the work of the GMC's Fitness to Practise directorate, including the procedures, and their relationship with the wider framework of clinical governance.
Audit Committee
Constitution
36. The Council shall establish a committee of the Council, to be known as the Audit Committee.
Membership
37. The Council shall appoint the Committee. The Committee shall comprise five members who should be independent, non-executive members and include three Council members (at least one medical and one lay member) and two co-opted members. At least one member of the Committee should have significant, recent, relevant financial experience. Appointments shall be for a period of up to three years, extendable by no more than two additional three-year periods.
38. A quorum shall be two Committee members.
39. The Committee shall elect its Chairman annually from amongst its members.
40. No one other than the Audit Committee members shall be entitled to attend Audit Committee meetings. The President, other Council members, Chief Executive, Resources Director, representatives of the internal auditors and external auditors, or other persons shall attend meetings at the invitation of the Committee.
41. No member of the Audit Committee shall be a member of the Resources Committee.
42. The Committee shall have secretariat support. The Head of Consultancy and Review will support the Committee.
Frequency of Meetings
43. Meetings shall be held at least three times a year.
44. The external auditors or internal auditors may request a meeting if they consider that one is necessary.
45. There should be at least one meeting a year, or part thereof, where the Audit Committee meets the external auditors and internal auditors without management.
Authority
46. The Committee is authorised by Council to:
a. Investigate any activity within its terms of reference. Any investigation will normally be initiated in consultation with the Chief Executive.
b. Seek any information it may reasonably require from any member, employee or associate. All members, employees and associates are directed to co-operate with any reasonable request made by the Committee.
c. Obtain outside legal or other independent professional advice and to secure the attendance of people with relevant experience and expertise if it considers this necessary. The Committee may not incur direct expenditure in this respect in excess of its allocated budget without prior approval of the Director of Resources or Chief Executive or ultimately the Chairman of the Resources Committee.
Duties
47. The purpose of the Committee is to monitor the integrity of the financial statements, to review the internal control and risk management systems and to monitor the internal and external audit services.
48. The duties of the Committee shall be:
Financial Reporting
a. To review, and challenge where necessary, the actions and judgements of management in relation to the preparation of the annual financial statements and related formal statements, before submission to and approval by Council.
b. To consider other topics, as defined by the Council
Internal Control and Risk Management
c. To monitor the integrity of the system of internal controls. In particular, to review management's and the internal auditor's reports on the effectiveness of the system of internal control.
d. To assess the scope and effectiveness of the systems established by management to identify, assess, manage and monitor significant risks.
e. To review the governance statements in the annual report and accounts relating to audit and risk management.
f. To review the arrangements in place by which staff may raise concerns about possible improprieties.
Internal Audit
g. The appointment or dismissal of the head of internal audit and the outsourced internal audit providers should be ratified by the Chairman of the Audit Committee and referred to the President in the event of any unresolved disagreement between the Chief Executive and the Chairman in the matter.
h. To ensure internal audit has direct access to the President, the Committee and is accountable to the Committee.
i. To review the internal audit programme and ensure that the function is adequately resourced and has appropriate standing within the organisation.
j. To consider and monitor management's response to any major internal audit recommendations.
k. To monitor and assess the role and effectiveness of the internal audit function.
External Audit
l. To consider and make recommendations to Council on the appointment, reappointment and removal of the external auditors.
m. To approve the terms of engagement and remuneration to be paid to the external auditor in respect of audit services provided.
n. To assess the qualification, expertise, resources, effectiveness and independence of the external auditors annually.
o. To discuss in advance with the external auditor the nature and scope of the audit.
p. To review with the external auditors their findings, the content of the management letter and management's responses and the audit representation letter.
q. To ensure the provision of non-audit services does not impair the external auditors' independence or objectivity.
Reporting and Circulation of Minutes
49. The minutes shall be agreed with the Chairman and made available to all Council members.
50. The Chairman of the Committee shall have right of access to the President and the Chief Executive.
51. Where the Committee is not satisfied with any aspects of the proposed financial reporting it shall report its views to the Council.
52. The Committee shall prepare a report for inclusion in the annual report and accounts, on its role and responsibilities and the actions it has taken to discharge those responsibilities. The report shall include any unresolved disagreements between the Council and the Committee.
53. The Chairman of the Committee shall be present at Council meetings to answer questions on the report and the Audit Committee's activities.
54. The Committee shall review its terms of reference annually, shall conduct an assessment to evaluate its effectiveness and recommend any necessary changes to Council.
Remuneration Committee
Purpose
55. The Committee will advise the Council about the appropriate remuneration and terms of service for:
a. The Chief Executive.
b. Directors.
c. The President and other holders of honoraria such as Council members.
d. Any other such officers and posts as shall be determined by the Resources Committee.
56. This advice shall include all aspects of salary or honoraria, the provision of any other benefits, and any other arrangements or contractual terms.
57. In formulating its advice, the Committee shall seek, as it deems appropriate, comparative external information.
Committee for Diversity and Equality
Purpose
58. The purpose of the Committee is to consider, across the full range of the GMC's responsibilities, what action is required to fulfil the GMC's commitment to promoting equality and valuing diversity and to processes and procedures that are fair, objective, transparent and free from discrimination .
Duties
59. The duties of the Committee are to:
a. Ensure that equality and diversity issues are central to the development of new policies and procedures.
b. Ensure that we have systems for auditing our processes, to enable us to meet our commitment to be fair, objective, transparent and free from discrimination.
c. Promote best practice in equality and diversity including in matters relating to race.
d. Use the GMC's influence with others whose work has an impact upon our processes.
Chapter 7
Arrangements for the appointment of committees
1. Committees shall be constituted by self-nomination. Every Member of Council should have the opportunity of serving on a Committee of their choice. Twice in each four year term, at the beginning and at the midway point, each member shall be asked to state their preferences for Committees giving ranked priority of first and second choices.
2. Council Members will be allocated to committees in order of stated first preferences. The individual committees will have the power of co-option of non-council members with relevant skills and expertise.
3. If there is insufficient first preference interest to populate a committee or, if a committee is substantially over subscribed by medical or lay members then council members shall be:
Given the opportunity to reconsider their preferences; and/or
Given the opportunity to volunteer to sit on another committee in order to populate an under subscribed committee.
4. If this still fails to resolve the membership of a particular committee then an election will be held in the manner shown below.
5. Where an election is necessary the Registrar shall invite those candidates wishing to stand for the relevant committee to provide a statement of not more than 50 words setting out why they believe they should be appointed to the committee. The Registrar will circulate all candidate statements with the voting papers for the election.
6. For the purpose of the elections the Registrar shall inform the members of the Council of the last date by which voting papers must be returned and shall circulate to each member of the Council voting papers for each committee to be elected.
7 . The Registrar shall subsequently arrange for the votes to be counted in accordance with the single transferable vote (STV) system and the Rules set out in the schedule to the Electoral Scheme made by the Council for the conduct of elections of to the Council.
Chapter 8
Arrangements for the election and appointment of chairmen of committees
1. Elections of the chairmen of the Council committees other than the Resources shall be carried out in the following manner.
2. The elections shall be conducted annually by ballot among the members of the committee. The persons then elected as chairmen shall hold office for one year unless any person so elected should previously cease to be a member of the committee.
Chairmanship of a committee in the absence of the elected or appointed chairman
3. Where the elected chairman of a Committee is unavoidably absent from a meeting, the President shall take the chair (other than the Audit Committee), or the meeting shall be chaired by the deputy chairman (if one has been appointed) the deputy to the President (if one has been appointed) or by another member of the committee appointed by the President, in consultation with the elected chairman if he or she is available for this purpose.
The role of co-opted members on committees
4. Committees may from time to time co-opt, or invite as observers individuals (both Council members and those from outside the GMC) to serve on committees as members.
5. Co-opted members have the right to receive relevant committee papers, take part in the discussion and to vote on decisions. If present they will form part of the quorum. They are bound by the same duty of confidentiality as other members of the committees.
The role of observers on committees
6. Committee chairmen may from time to time, with the permission of their committees, invite individuals from outside the GMC to attend as observers.
7. People invited to attend as observers have the right to receive relevant committee papers. They may take part in the discussion but may not vote on decisions. They are bound by the same duty of confidentiality as the full members of the committees.
Maximum term of office for chairmen of committees
8. A member shall on being re-appointed to the committee, be eligible for
re-election as chairman provided that no person may serve as chairman of any one committee for a period or periods which in the aggregate exceed seven years. No period of service before 1 July 2003 shall count towards the aggregate. Serving for the maximum term as chairman of one committee does not preclude a member from serving as the chairman of another committee.
Chapter 9
Access to information
1. All Council and Committee minutes shall be available to the public, except as follows:
a. Where issues of personal, commercial, legal, or other confidentiality matters arise will be available to the public.
b. Papers to the Resources and the Remuneration Committee are confidential to members of these committees if they relate to identifiable member(s) or members of staff; or if they relate to commercial in confidence discussions.
c. Exceptionally, part or all of a paper to other committees or working groups may be marked confidential to the members of the committee or working group, by agreement with the chairman.
d. Casework papers and minutes.
2. The General Medical Council is a public body for the purposes of the Freedom of Information Act 2000. This provides a general right of access to information, subject to specified exemptions.
Chapter 10
Finance: expenditure by committees
1. The role of the Treasurer shall be to:
a. Chair the Resources Committee, and to ensure that it discharges its functions.
b. Act on the Committee's behalf between meetings, within the policy limits set by the Committee or Council.
c. Authorise expenditure and to establish expenditure limits.
d. Authorise cheque signatories.
e. Report to the Audit Committee as required.
f. Consider alleged breaches of the members' code of conduct in accordance with Standing Orders.
2. The Resources Committee shall appoint a Finance Officer who shall be responsible for:
a. Seeing that the accounts of the Council are properly kept, for accounting for all moneys received by the Council and for the issue of payments on behalf of the Council.
b. Securing that all moneys received in the office of the Council are paid into the bank and that cash held in the office does not exceed such sum as the Treasurer may from time to time determine.
c. Advising the Registrar, Treasurer and Resources Committee on financial matters, for presenting to the Committee such estimates of income and expenditure as the Committee may require and for operating the system of budgetary control as approved by the Committee.
d. The upkeep and maintenance of the premises, furniture and equipment.
Banking accounts, investments, and auditors
3. a. The banking accounts of the Council shall be kept at such bank or banks as the Resources Committee may from time to time determine.
b. All cheques shall be signed by the Finance Officer or in his or her absence by any other officer of the Council authorised in writing by the Treasurer to act in that behalf, provided that in the case of cheques for sums exceeding such sums as may from time to time be specified by the Treasurer a second signature of an officer duly authorised as aforesaid shall also be required.
4. Any moneys belonging to the Council may be invested in the name or under the control of the Council in the purchase of such investments or in such manner as the Treasurer or the Resources Committee shall think fit.
5 The auditors of the accounts of the Council shall be appointed by the Audit Committee.
Expenditure by committees
6. No committee of the Council may initiate new projects or make new arrangements, if such projects or arrangements would involve substantial expenditure, without the consent of the Treasurer or of the Resources Committee.
Chapter 11
Registrar
1. In addition to the duties laid upon the Registrar by the Medical Act 1983, by Regulations and Rules made under the Act, and by other chapters of the Standing Orders, the Registrar shall be responsible for:
a. The organisation and supervision of the work of the office, including the allocation and delegation of duties to staff, and (subject to any directions which the Resources Committee may give) for other resourcing issues.
b. The preparation of reports and other papers for consideration by the Council and its committees, and for advising the President and members on questions relating to the work of the Council.
c. Giving effect to the decisions taken or directions given by the Council or its committees.
d. The recruitment of all members of staff below Level 1.
2. In the event of a vacancy in the office of Registrar, or if the Registrar be unable to act, the President shall appoint a person to perform temporarily the duties of Registrar.
Chapter 12
Corporate seal
1. The corporate seal shall be in the custody of the Registrar .
2. The Resources Committee shall be authorised to direct the affixing of the seal by the Registrar to instruments in connection with the investments of the Council and to documents relating to the acquisition or disposal of premises as directed by the Committee.
3. Save as aforesaid, the seal shall be affixed only by order, or under the authority, of the Council.
4. Any order for affixing the seal shall state the object of its use, and shall be entered in the minutes of the Council.
Chapter 13
The Medical Register, the specialist register, and arrangements for the correction of the register
The Medical Register
1. a. The Medical Register published in accordance with section 34 of the Medical Act 1983 shall contain the following particulars of each person included in the Medical Register:
i. The name, with any honours or titles held which have for the time being been approved by the Registration Committee as suitable for inclusion in the register.
ii. The address.
iii. The date or dates of provisional and full registration.
iv. The registered qualifications and the year in which the qualifications were granted.
v. The registration number.
vi. In the case of a man the letter ‘m' and in the case of woman ‘w' and also, if the person so requests, the title ‘Miss' or ‘Mrs'.
b. The names of provisionally registered persons shall be distinguished by asterisks.
c. Where a person, who holds both a recognised overseas qualification and a registrable United Kingdom primary qualification, has been fully registered twice, only the earlier date of full registration shall be shown in the Medical Register.
2. a. Where, under the provisions of Regulation 9 of the Registration (No. 1) Regulations, the Registrar makes an alteration in the name of a registered person, both the former name and the new name shall appear together in the Medical Register unless in the opinion of the Registrar the alteration is insignificant.
b. Where a former name is included in the Medical Register under the previous paragraph, if the person concerned requests that the former name be omitted from the Medical Register, the Registrar may comply with that request after the former name and the new name have appeared together in one issue.
c. Any questionable cases arising under this paragraph may be referred to the Registration Committee.
3. There shall be published in each Medical Register separate tables showing:
a. As regards fully registered practitioners;
b. As regards provisionally registered practitioners:
i. The total numbers of such persons appearing in the register on 1 January of each year.
ii. The numbers of such persons whose names were added to or removed from the register during the previous year.
iii. Such other tables as the Registration Committee shall from time to time determine.
4. The Registrar may cause to be prepared for sale on a subscription basis information concerning recent changes made to entries in the register.
The specialist register
5. a. The Registrar shall keep the specialist register required by the European Specialist Medical Qualifications Order 1995.
b. The specialist register shall consist of a set of discrete records each of which shall contain particulars of one person. The specialist register shall be kept in such a manner that individual records may be examined and altered without such processes affecting other records.
c. The removal or addition of, or alteration to, a record shall be attributable to a named individual at a specific time.
d. Each entry shall contain the following particulars:
Name.
Registration number.
Date of admission to the specialist register.
Specialty.
e. The Registrar shall cause to be published and printed or otherwise made available the information contained in the specialist register. A charge may be made for the sale of the specialist register.
Arrangements for the correction of the register
6. The Registrar shall from time to time send letters as provided for in section 30(5) of the Medical Act 1983 to such categories of registered persons as the Registration Committee shall direct.
7. If no reply to such a letter is received within a period of six months of its posting, the Registrar shall in the normal course, after making such other attempts to establish communication with the person concerned as may appear to be practicable, erase the name of such a person from the register. The attempts made to trace missing practitioners and the numbers of names finally erased under paragraph 30(5) of the Medical Act 1983 shall be reported to the Registration Committee.
Chapter 14
Restoration of the name of a fully or provisionally registered person removed from the register at his or her own request
1. a. Unless the President shall otherwise direct, the Registrar shall not restore to the register any name which has been removed there from under provisions which formerly existed in Standing Orders unless the person whose name has been so removed makes application in the form prescribed by the Restoration and Registration Fees Amendment Regulations 2004.
b. Where an application so made appears to the Registrar, whether as a result of the receipt of information as to the conduct of the applicant or for some other reason, to be of a questionable nature, the provisions of Regulation 2 of the said Regulations shall apply.
Chapter 15
Information required from licensing bodies: notification of disciplinary decisions
1. The Registrar shall from time to time request from the bodies in the United Kingdom which grant registrable qualifications such information concerning their requirements, curricula and examination arrangements and results as the Education Committee shall for the time being direct; and such requests shall be sent to the bodies concerned at least one month before the information is required.
2. The Registrar shall within one month, or as soon thereafter as may be, inform Licensing Bodies, the Registrars-General of Births and Deaths in the United Kingdom, and such other bodies as in his or her opinion are requisite, of all cases in which a direction given by a Fitness to Practise Panel for the erasure of a name from the register, the restoration of a name to the register, by a Fitness to Practise Panel or by the Interim Orders Panel for the suspension or immediate suspension of a practitioner's registration or for conditions to be imposed upon a practitioner's registration has taken effect.
Chapter 16
Arrangements for issuing letters offering advice to individual doctors concerning their own professional conduct or performance
1. If on considering any complaint or other communication or information concerning the fitness to practise of a doctor it appears to the case examiners that:
a. The doctor's fitness to practise is not impaired and a warning is not warranted but that his/her conduct or performance falls short of appropriate standards as laid down in Good Medical Practice or other published Council guidance: and
b. It is desirable in the public interest that the doctor should be given advice.
c. The case examiners shall consider whether the doctor should be given advice on the matter and on the terms of the advice offered, which shall be based on Good Medical Practice (or other published Council guidance).
Chapter 17
Code of Conduct and Guidance on the Register of Interests for Members of the General Medical Council
1. Membership of the GMC is a privilege which carries with it the twin responsibilities of protecting patients and guiding doctors. In order that both patients and doctors may have confidence in the effectiveness and impartiality of the Council, members undertake:
a. To make themselves available for service on the Council and those of its committees and working parties to which they may be elected or appointed.
b. To take decisions in the public interest without favour to any individual body corporate or other association, whether medical or lay.
c. To avoid placing themselves under obligation to any individual or organisation which might affect their ability to act impartially and objectively as members of the GMC.
d. To declare in the GMC's register of interests their membership of other bodies or organisations in accordance with the Council's guidance on this matter.
e. To declare relevant interests or prior knowledge in the course of GMC business, and/or to take steps to avoid such interests or knowledge giving rise to a conflict of interest.
f. To promote the principles set out in Good Medical Practice.
g. To serve without seeking personal gain or preferment.
h. To avoid bias on grounds of sex, race, disability, lifestyle, culture, beliefs, colour, gender, sexuality or age.
i. To be open about the decisions and actions they take as GMC members, restricting information only when the principles of confidentiality or the law demand it.
j. To observe the confidentiality of information identified as confidential which they receive as a privilege of Council membership.
k. To distinguish clearly, when speaking or writing, between personal views and those of the GMC.
l. To support the above principles by leadership and example.
Chapter 18
Charity Trusteeship
1. The GMC is a charity and Council members are its trustees. As trustees, members are required to act only in the best interests of the charity, putting the charity's interests before any other personal or professional interests.
2. Members have a responsibility to be aware of their duties as trustees. The Chief Executive is responsible for ensuring that members are offered appropriate information, guidance and training. Members who have questions or concerns about,
or arising from, their role and responsibilities should consult the Chief Executive at the earliest opportunity.
3. Members have a responsibility as trustees to make sure that the GMC is acting within the law. Members who have specific concerns about the GMC's compliance with charity or other legislation should seek further information from the Chief Executive at the earliest opportunity.
4. In the event that concerns remain, members should refer the matter to the Audit Committee, which will report to the Council and, if appropriate, to the Charity Commission.
Guidance on the Register of Interests
5. Current members and those elected, appointed or nominated for the first time, will be invited to indicate their commitment to the code by making a statement and returning it to the Chief Executive's office.
6. Members of the GMC are expected to act impartially and objectively, and to take steps to avoid any conflict of interest arising as a result of their membership of, or association with, other organisations or individuals. In order that this should be clearly apparent, the GMC has established a register of members' interests.
7. The Council attaches great importance to trying to ensure a proper balance between transparency and privacy. The aim of the register is not to satisfy curiosity but to support transparency and probity, and to maintain confidence in the regulatory process.
8. With this aim in mind, the Council has agreed that the following interests should be declared:
a. Posts held in the ordinary course of employment or practice.
b. Ordinary membership of professional bodies, medical Royal Colleges, specialist societies, local medical committees or the medical defence organisations.
c. Fellowships of professional bodies, medical Royal Colleges, or specialist societies.
d. Any office held in a professional body, specialist society, medical Royal College or other similar body in the public, private or voluntary sector. Offices include posts such as President, Chairman, Chief Executive, Treasurer or Secretary.
e. Membership of a committee or Council of a professional association, specialist society, medical Royal College or other similar body.
f. Membership of, or posts held in, local or national community organisations.
g. Consultancies, directorships, or advisory positions if they relate to a medical, healthcare or pharmaceutical company or organisation, NHS Trust or authority, public body or political party.
h. Freemasonry.
i. Membership of a political party or pressure group with an interest in the GMC's work.
j. The Chief Executive will be responsible for keeping the register of members' interests. The register will be published. Members should amend their entries in the register as soon as possible following any change in their circumstances, and will, in any event, be invited to update their entries annually.
Chapter 19
Procedure for dealing with complaints against members and the removal or suspension of Council membership under Paragraph 4A(3) of Schedule 1 to the Medical Act 1983 (as amended)
Scope
1. This procedure is for considering complaints about a member. This includes, but is not confined to, complaints or information which allege or appear to imply a breach of the Members' Code of Conduct or which could otherwise lead to the suspension or removal of a member from office on the grounds set out in the GMC (Suspension and Removal of Members from Office) Rules 2003 (‘the Rules').
Principles
2. This procedure aims to resolve complaints and other issues at the earliest stage practicable, and to avoid unnecessary escalation or delay.
3. At all stages under this procedure, the member shall have:
a. The right to be heard.
b. A reasonable opportunity to persuade.
c. A reasonable opportunity of learning what is alleged and of putting forward an answer to it.
d. The right not to be taken by surprise.
e. The right to see documents relied upon.
4. A person using this procedure should:
a. Disclose information in good faith.
b. Believe it to be substantially true.
c. Must not act maliciously or make false allegations.
d. Must not seek personal gain.
Procedure
5. A complaint or other information should be in writing and addressed to the President. In the event of a complaint or other information about the President, another person designated by the Council shall assume the responsibilities that are assigned to the President under this procedure.
6. A complaint or other information should normally be submitted within two months of the event or of the event coming to the complainant's knowledge.
7. A member of staff other than the Chief Executive or a Director who wishes to make a complaint against a Member should use the GMC grievance or harassment procedures initially. A Director should raise any matter with the Chief Executive in the first instance. The Chief Executive should raise any matter with the President.
Stage 1
8. This stage offers an informal process under which the President may:
a. Dismiss the complaint or decide that no further action is required.
b. Informally offer advice to the Member about their future conduct.
c. Invite an apology from the Member or seek an undertaking about their future conduct.
d. Defer the matter to Stage 2.
Any issue which might engage the Rules should be referred directly to Stage 2.
Dismissing a complaint
9. The President may conclude the matter by dismissing the complaint or by deciding that no further action is required, without seeking further information. The President should write to the complainant to tell them of this decision, unless it appears to the President more appropriate to do so face-to-face, for example if another Council member has raised the matter. The President should inform the Member about the complaint or information, and the decision to conclude the matter. This should normally be done face-to-face.
10. The President may invite the Member to comment on the complaint or information . The Member shall be under no obligation to comment, but, wherever possible, comments should be sufficient to enable the President to reach a decision on the next steps to be taken. The President may still decide to dismiss the complaint, or that no further action is necessary.
Informally offering advice
11. The President may decide to informally offer advice to the Member about their future conduct. This should normally be done face-to-face and confirmed afterwards in writing.
Apology or undertaking about their future conduct.
12. The President may seek an apology from the Member or an undertaking about their future conduct. This should normally be done face-to-face and confirmed afterwards in writing. The President should tell the complainant of the apology or undertaking, and this should normally be done in writing.
13. If the Member does not agree to give an apology or an undertaking, the President may take this into account in deciding whether to refer the matter to
Stage 2.
Access to papers
14. For complaints or matters concluded at Stage 1, any relevant papers should be retained for twelve months or the duration of the member's tenure, if shorter. Subject to the relevant legislation and to confidentiality issues, papers should not be disclosed to anyone other than the Member, or if requested by the Charity Commission.
Stage 2
15. If the President is unable to conclude the matter under Stage 1, the Member should be informed accordingly. This should normally be done face-to-face and confirmed in writing. The President shall refer the matter to an Investigator.
Investigator
16. The Council may appoint any person, including a Council Member, to investigate complaints, or other information, generally or in response to a specific complaint. The Investigator shall act in good faith and fairly listen to both sides.
17. The Investigator shall make such further enquiries as they see fit. The complainant, the Member and any witnesses must be given reasonable notice of any meeting at which oral evidence is to be taken.
18. The Investigator will determine the investigation process according to the circumstances of the case. The Investigator may decide to consider more than one complaint or set of information against the Member together as part of the same investigation. The Investigator may reach separate conclusions about each complaint or information, or reach a conclusion about the complaints or information in combination.
19. The Investigator should invite the complainant and the Member to comment on the accuracy of a draft report, subject to issues of confidentiality. They should be given reasonable time to comment: 28 days normally.
The Investigator's report
20. The Investigator shall prepare a report with their conclusions. The report shall give reasons for the conclusions. The conclusions may include, but are not confined to, the following issues whether:
a. There is any action that can be taken to remedy the complaint.
b. The Member should be advised about their future conduct.
c. Whether the Member should be invited to offer an apology or give an undertaking about their future conduct.
d. The Member should be removed from a committee, chairmanship or other office.
e. Whether Council membership should be removed.
Stage 3
The panel
21. The Investigator shall report their conclusions to a panel of two people who are not otherwise involved in the matter. The Council shall appoint the panel.
22. The panel shall decide on the basis of the report if:
a. No further action is necessary.
b. Any action can be taken to remedy the complaint.
c. The Investigator's report should be considered by the Council.
23. In reaching its decision, the panel shall act in good faith, shall take account of any representations made by the Member, and shall give reasons for its decision. The panel shall inform the complainant, the Member, the Investigator and the President of its decision in writing.
Action to remedy the complaint
24. Any action to remedy the complaint must be proportionate, practicable and relevant.
Access to papers
25. For complaints or matters concluded at Stage 3, any relevant papers should be retained for the duration of a member's tenure. Subject to the relevant legislation, the investigators' report should not be disclosed to anyone other than the Member; the complainant; the President; subject to confidentiality issues, relevant extracts of the report should be made available to witnesses or other people named in the report. If the matters refer to a complaint raised by a member of staff, or issues relevant to staff, the Chief Executive shall have access to the report.
Stage 4
Report to Council
26. The panel shall refer the Investigator's report to Council if it agrees that
the complaint or matters raised are so serious that only the Council can deal with them.
27. The Council shall decide whether to hear the report in private and whether to publish the report, taking into account any representations made by the Member. The Member shall have the right to address the Council on the Investigator's report conclusions.
Other issues
Criminal proceedings against a Member
28. A Member who is charged with a criminal offence (other than a motoring offence which, on conviction, cannot result in a period of disqualification) shall inform the President. The President shall decide whether to inform the Council, taking into account whether, if convicted, the Member would be liable to be automatically removed from Council membership under the Rules; or that continued membership of the Council would be liable to undermine confidence in the medical profession.
Conviction of a criminal offence
29. A member who is convicted of a criminal offence shall inform the President who shall inform the Council. This shall not apply to a conviction for a motoring offence which did not result in a period of disqualification, or a conviction which resulted in an absolute or conditional discharge. If the conviction does not automatically disqualify the Member from Council membership under the Rules, the Council shall determine whether as a consequence of the conviction continued membership is liable to undermine confidence in the regulation of the medical profession.
Action by another licensing body
30. A Member who is subject to an adverse finding concerning their professional conduct by a licensing body anywhere in the world shall inform the President who shall inform the Council.
Suspension
31. At stage 2 of these proceedings, or on receipt of information under paragraphs 29, 30 or 31, the President may invite the Council to consider whether to suspend a member's Council membership if this appears necessary to permit an investigation to be carried out either by the Council or by the courts or by another statutory authority. At Stage 3 of this procedure, a panel may also invite Council to consider suspension of membership. The Council shall decide whether to consider this in private. The Council shall consider such representations as the Member may submit.
Attendance (Rules)
32. A Member shall be liable to be removed from office as a Member of the Council:
a. If they fail to attend three successive Council meetings without the President's permission, or
b. Because of a serious and persistent deficiency in their attendance at other statutory and non-statutory committee meetings.
33. Unless the Council is satisfied that:
a. The absence was due to a reasonable cause, and
b. The Member will be able to attend Council meetings within such period as the Council considers reasonable.
Chapter 20
Delegated authority
1. Council may from time to time delegate certain functions and responsibilities to others. This can include the President, working groups, or the office. The delegated functions may be either function specific or time limited.
2. Any decisions to delegate a function shall be recorded in the Minutes of Council, and the Secretariat of the Council shall keep a list of delegated authority.
