Constitution
NHS LANARKSHIRE
Local Medical Committee (General Practice)
CONSTITUTION
1. Name
The Committee shall be known as the Local Medical Committee (General Practice) for the administrative territory of NHS Lanarkshire.
2. History and Status
The Committee shall be regarded as the direct successor after April 1 1974, (the appointed commencement day of the National Health Service (Scotland) Act 1972) of the former local medical Committee for the County of Lanark as set up and approved by the Secretary of State for Scotland in terms of section 33 of the National Health Service (Scotland) Act 1947.
In so far as it has statutory recognition, performs statutory duties and exercises statutory responsibilities it shall be a Sub-Committee of the Area Medical Committee set up in terms of section 16 of the 1972 Act.
Nothing in this Constitution shall prevent it from considering any other matters of a professional nature outwith its statutory functions or from taking any action it wishes in relation to these matters.
3. Functions
(a) To advise, and to consult with the Health Board on the provision of health services in terms of the National Health Service (Scotland) Acts 1947 and 1972 and Regulations made thereunder and in particular to concern itself with the services which are the subject of Part IV of the 1947 Act.
(b) Insofar as the Are Medical Committee with the approval of the Health Board agrees to delegate any specific functions of the Local Medical Committee shall be entitled to communicate directly with the Board. In relation to any other matters not so specifically delegated the Committee will be subordinate to the Area Medical Committee.
(c) When required or invited to do so it shall be entitled to appoint or nominate any number of its members to serve on any Committee concerned with the administration or development of the Health Service and such Committee may be either statutory Committees may be either statutory or non-statutory or set up on a local regional or national basis.
(d) To exercise in relation to the National Health Service any other functions as may from time to time be requested of it.
(e) To set up from amongst its members Sub-Committees for any special purpose and allow such Sub-Committees to co-opt such individuals with special expertise as they may require to assist their work.
(f) At any time to divest itself of its statutory status for the time being in order to discuss or take action in relation to any professional matters outwith the provision of the National Health Service Acts. When so constituted it shall be an autonomous body independent of the Area Medical Committee.
4. Membership
The membership of the Committee shall be as follows:
(a) Eighteen general practitioners of whom 6 shall be drawn from each Health Board District.
(b) The Chairman and Secretary of Lanarkshire Division of the British Medical Association ex officios.
(c) Up to three co-opted members to represent special interests and appointed at the discretion of the Committee.
Co-opted and ex-officios members shall have no voting rights.
5. Method of Election and Terms of Office
(a) The General Practitioner members shall be elected by postal vote. They shall be drawn from and represent individual constituencies in accordance with the following scheme :-
Monklands/Cumbernauld District
Airdrie - 2 seats : Coatbridge - 2 seats : Cumbernauld/Kilsyth 2 seats
Motherwell/Lanark District
Motherwell 1 seat
Bellshill 1 seat
Wishaw/Newmains/Cleland 1 seat
Harthilll/Salsburgh/Shotts/Chapelhall/Carfin 1 seat
Lanark/Carluke/Carnwath/Carstairs/Forth 1 seat
Biggar/Lesmahagow/Douglas/Kirkmuirhill 1 seat
Hamilton/East Kilbride District
Hamilton 2 seats
East Kilbride 2 seats
Bothwell/Blantyre/Uddingston 1 seat
Larkhall/Stonehouse/Strathaven 1 seat
(b) The terms of office for elected members shall be 4 years and they shall be eligible for further terms in accordance with democratic wish in accordance with the results of the 4 yearly general election.
6. Filling of Vacancies
A casual vacancy occurring by the death, resignation or disqualification of a member shall be filled by means of a by-election in the constituent concerned.
A member so appointed to a casual vacancy shall serve for the remainder of the former member’s period of office and shall then be eligible for re-election.
7. Appointment of Office Bearers
(a) The first meeting of the Committee held in any year commencing on 1 April shall be convened by the Secretary and at that meeting the Committee shall appoint a Chairman and Vice-Chairman. The persons so appointed may hold office for the whole of the maximum period of office provided they are duly re-elected at the first meeting of any year.
(b) Any persons appointed to fill a casual vacancy in the office of Chairman or Vice-Chairman shall hold office until 31 March immediately following his appointment.
(c) The Committee shall appoint an Honorary Secretary and Honorary Auditor who shall hold office during the pleasure of the Committee.
8. Finance
The Committee shall be entitled to raise funds to defray its expenses by means of a Voluntary Levy on its constituents and to receive other monies from any source whatever and to apply all these funds in t he furtherance of its work and interests at its sole discretion. The Accounts of the Committee shall be made up to the 31 March in each year and duly audited. All the financial transactions of the Committee shall be properly recorded in a Book of Accounts to the satisfaction of the Honorary Auditor.
9. Procedure of the Committee and Standing Orders.
(a) At every meeting of the Committee the Chairman if present shall preside.
(b) If the Chairman is absent from any meeting the Vice-Chairman shall preside, but if both are absent, the members present shall elect from their number a person to act as Chairman for that meeting.
(c) All questions of permissible business coming and arising before the Committee shall be decided by a majority of the members present and voting at a meeting of the Committee and in the event of an equality of votes the person presiding at the meeting shall give a casting vote. One third of the members shall constitute a quorum.
(d) The names of members present at a meeting of the Committee shall be recorded.
(e) Minutes of the proceedings of a meeting of the Committee or any of its Sub-Committees shall be drawn up by or on behalf of the Secretary and shall be signed at the meeting of the person presiding there at or shall be submitted for approval and signature at the next ensuing meeting
(f) No motion to rescind a resolution of the Committee passed within the preceding six months, nor any motion of a similar nature to one which has been negatived within the preceding six months, shall be in order unless notice of it has been given in the circular calling the meeting and it may then only be discussed by the consent of a two-thirds majority of those present and voting.
(g) The decision of the Chairman on the conduct of debates shall be final.
(h) Voting at all meetings shall be by show of hands or by ballot if the Chairman or the meeting shall so determine. One-fourth of the members present shall be entitled to insist on a roll-call vote. The Chairman shall have both a deliberative and a casting vote.
10. Annual General Meeting
An Annual General Meeting of all General Practitioners shall be held each year at which the Annual Financial Statement of the Committee and a report of the year’s activities shall be submitted and considered. This meeting shall be held as soon as convenient after the close of the Financial Year and shall be called by postal circular to all practitioners.
11. Alteration of Constitution and Standing Orders
(a) The Constitution shall be approved at an Annual General Meeting of all Practitioners and hereafter may only be altered at a General Meeting by a Resolution of which one months notice has been given. Such general meeting may be either an Annual General Meeting or a Special Meeting requested in writing by not fewer than 20 practitioners with a statement of the business which it is desired to discuss.
(b) At any meeting the Standing Orders may be suspended if two thirds of the members present and voting should so decide but they may only be effectively altered if so resolved at a meeting called with notice of the proposed alteration and duly confirmed at the next subsequent meeting of the Committee.
Retyped 09.11.06
AGM 2006 ELECTION
NEXT ELECTION 2010
