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8.—(1) The Privy Council shall, as one of its functions relating to the appointment of members of the General Council, appoint the chair of the General Council.
(2) The Privy Council may appoint a person to be chair of the General Council—
(a) when it appoints that person to be a member of the General Council; or
(b) whom it has already appointed as a member of the General Council.
(3) The term of office of a member of the General Council as chair shall be determined by the Privy Council on appointment of the member as chair, but it shall be for a period that is no longer than the period between the chair’s date of appointment as chair and the date on which the chair’s term of office as a member is due to expire (irrespective of whether or not they are thereafter reappointed as a member).
(4) A member serving as chair shall cease to be chair—
(a) on ceasing to be a member;
(b) if the member resigns as chair, which the member may do at any time by a notice in writing to the Privy Council;
(c) if the member’s membership of the General Council is suspended by the Privy Council; or
(d) if a majority of the General Council, excluding the chair (but not simply a majority at a quorate meeting) passes a vote of no confidence in the chair.
9.—(1) Subject to paragraph (2), if, for any reason, the chair is absent from a meeting of the General Council, the members who are present at that meeting shall nominate one of their number to serve as chair at that meeting.
(2) If, for any reason—
(a) the General Council is on notice that their chair is likely—
(i) to be absent for more than one meeting of the General Council, or
(ii) to be unavailable to perform the duties of a chair for more than one month; or
(b) the office of chair is vacant,
the General Council may nominate a member (“deputy chair”) to serve as chair during the absence or unavailability of the chair or the vacancy.
(3) A member serving as deputy chair shall cease to be deputy chair—
(a) in the case of—
(i) the absence or unavailability of the chair, on the date which the chair notifies the General Council in writing is the date on which they are able to resume their duties, or
(ii) the office of chair being vacant, once the vacancy is filled;
(b) if the member ceases to be a member;
(c) if the member resigns as deputy chair, which the member may do at any time by a notice in writing to the General Council;
(d) if the member’s membership of the General Council is provisionally suspended by the General Council or suspended by the Privy Council; or
(e) if the General Council votes (by a majority at a quorate meeting) to terminate the member’s appointment as deputy chair.
10. The quorum of the General Council shall be 8.
11.—(1) The validity of any proceedings of the General Council shall not be affected by—
(a) any vacancy among the members of the General Council;
(b) any defect in the appointment of a member of the General Council;
(c) a member whom the Privy Council must remove from the General Council under article 6(1)(b) to (f) participating in the proceedings;
(d) a member whom the Privy Council has removed under article 6(1) having participated in the proceedings; or
(e) a member who has been provisionally suspended by the General Council under its standing orders or suspended by the Privy Council under article 7(1) or (2) having participated in the proceedings.
(2) Notwithstanding paragraph (1)(c), a member whom the Privy Council must remove from the General Council under article 6(1)(b) to (f) is not entitled to participate in proceedings of the General Council, pending the member’s removal from the General Council by the Privy Council.
Judith Simpson
Clerk of the Privy Council
(This note is not part of the Order)
This Order makes provision with regard to the constitution of the General Chiropractic Council (“the GCC”). The GCC is to consist of 7 registrant members, who are chiropractors registered with the GCC, and 7 lay members (article 2). Their terms of office will be determined by the Privy Council – or if directed by the Privy Council to do so, the Appointments Commission – on appointment. There are limitations on the period for which members may serve on the GCC (article 3). The GCC is to make provision with regard to the education and training of its members in standing orders (article 4).
Certain categories of people, for example people who have been convicted of certain types of offences where the conviction is not spent, are disqualified from being members of the GCC, and once members have been appointed, there are certain circumstances in which they may be removed from office (articles 5 and 6). In some circumstances, a member may also be suspended from office, and there are provisions relating to the provisional suspension by the GCC itself, pending the taking of a decision by the Privy Council (or, in its place, the Appointments Commission) to suspend or remove that member.
There are also provisions relating to the appointment of the chair, who is to be appointed by the Privy Council – or if directed to do so by the Privy Council, by the Appointments Commission. The chair will cease to be chair if that person is suspended as a member of the GCC or loses a vote of no confidence (article 8). There are provisions relating to the deputising arrangements for the chair, and the GCC will have powers to appoint a deputy chair to serve during the absence of a chair that is likely to be for more than one month or one meeting, or the position of chair is vacant (article 9).
There are also provisions relating to the proceedings of the GCC. Its quorum is 8, and there are special provisions to prevent the GCC’s proceedings being invalidated by matters such as a vacancy or a defect in the appointment of a member (articles 10 and 11).
The General Chiropractic Council (Constitution) Order 2008