GLASGOW LOCAL MEDICAL COMMITTEE

CONSTITUTION

This document sets out the constitution of the GlasgowLocal Medical Committee covering the area of Greater Glasgow and Clyde NHS Board

1TITLE

The Committee shall be known as the GLASGOW LOCAL MEDICAL COMMITTEE.

2MEMBERSHIP

The Committee shall consist of

(a) Elected Members,

(b)Co-opted Members,

(c)Other Members, and

(d)Invited Guests and Observers

(a)ELECTED MEMBERS

All Elected Members shall have full voting rights within the Committee and shall consist of:

7 Members from the East District,

9 Members from the South East District,

5 Members from the South West District,

8 Members from the West District,

7 Members from the North District,

2 Members from the LomondSub-District of the Clyde District,

7 Members from the RenfrewSub-District of the Clyde District,

3 Members from the InverclydeSub-District of the Clyde District,

1 Member representing General Practitioner Registrars, and

2 Membersrepresenting Sessional (freelance) GPs

All members must be general practitioners currently on the NHS Greater Glasgow and Clyde Medical Services Performers List and mustbe working in a practice that has signed the current voluntary levy mandate. All GP Providers working in, and Salaried GPs with substantive contracts with, a levy paying practice may put themselves up for election in the relevant District.

GP Registrar Appointment

The Director of Post Graduate Education will be asked to seek a nomination from the GP Registrars group each August.

Sessional (freelance) GPs

An election for this groupshall be carried out every second year after a call for nomination. Only GP Performers who are ineligible to stand for District Elections are able to stand for these positions.

(b)CO-OPTED MEMBERS

The Committee may from time to time decide to co-opt any number of GPs into the Committee as would seem fit to fulfil the functions of the Committee. Co-opted members shall have full voting rights.

(c)OTHER MEMBERS

Greater Glasgow & Clyde GP member of SGPC or GPC who is not already a member of the LMC, the Committee shall consider whether he/she should be co-opted onto the Committee. If he/she is co-opted, the member shall have full voting rights.

(d)INVITED GUESTS AND OBSERVERS

The Committee may in its absolute discretion invite any persons as it thinks fit to attend the whole or any part of anyCommittee meeting. The Committee may require all or any of the invited guests or observers to withdraw from any meeting if it wishes toconsider any business in camera. Invited guests and observers shall have no vote.

3ELECTIONS

(a)Term of Office

Elected Members shall hold office for a term of four years save that after the first election of a new committee one half (to be determined by lot) shall hold office for two years.

(b)Frequency

Save as provided in the case of a new Committee the election of one half of the Committee shall take place in the same month in every second year and elected members shallcommence their term of office on the next following 1 April.

(c)Electoral Procedure

  1. Voting shall be by postal ballot of those levy paying Represented Members whose names appear on the Performers List of GG&C Health Board at the time that an election takes place or if an election is held exceptionally in the year an equivalent three month period. The persons whose names are so included on such registers are referred to as "the electors".
  1. The Returning Officer shall send written notice of the election to each elector and such notice shall be sent so as to be delivered to the elector not less than 14 clear days before the date of the election. Each notice shall
  • state the date of the election
  • the number of vacancies
  • state the date by which nominations must besubmitted to the Returning Officer
  • set out the nomination provisions, as set out below, and
  • enclose a nomination form
  1. Each candidate shall be nominated by at least oneelectorand each nomination form must be accompanied by astatement in writing that he is prepared to accept office.
  1. If the number of nominated candidates qualified for electionin each category where there are vacancies does not exceedthe number of vacancies the Returning Officer shall declarethose candidates to be elected. In other cases a vote shall betaken.
  1. Each elector shall be entitled to cast a number of votes equalto the number of vacancies to be filled but may not castmore than one vote for any one candidate.
  1. The Returning Officer shall prepare voting papers whichshall contain a list of the candidates for whom the electormay vote together with a total number of votes which maybe cast by each elector. The voting paper shall also specifythe date of the election by which the voting paper must bereturned to him. A voting paper shall be invalid if it is notsigned and/or if the elector has cast more votes than areallowed.
  1. The Returning Officer may also disallow a voting paper if itdoes not comply with this Constitution or if it causesuncertainty as to the candidates for whom the elector desiresto record his vote, save that the Returning Officer may in hisabsolute discretion treat a voting paper so marked as validfor the purpose of any vote other than that in connectionwith which the uncertainty arises.
  1. Voting papers received by the Returning Officer after theelection date are invalid.
  1. The Returning Officer, after examining the voting papersand determining the validity of the votes, shall count thevotes properly recorded and shall prepare a return for thecandidates according to the number of votes which each hasreceived the person receiving the greatest number being placed highest in the return.
  1. If the votes received by any two or more candidates areequal and the addition of one vote to any one such candidatewould enable that candidate to be declared elected theReturning Officer shall decide by lot which of the saidcandidate shall take the highest place. Any question as tothe validity of nomination or voting paper or otherwise inconnection with an election shall be determined by theReturning Officer in his absolute discretion.
  1. At the conclusion of the election the Returning Officer shallimmediately give notice in writing of the result to allcandidates.

(d)Saving Provisions

No election shall be invalid by reason of any misdescriptionor non compliance with the provisions of this scheme or byreason of any miscount or of the non-delivery, loss ormiscarriage in the course of post of any document requiredor authorised by this Constitution to be despatched by postif the Returning Officer is satisfied that the election wasconducted substantially in accordance with the provisions ofthis Constitution.

(e)Observers

The Committee may in its absolute discretion invite suchpersons as it thinks fit to attend the whole or any part of anyCommittee meeting. The Committee may require all or any of the invitedobservers to withdraw from any meeting if it wishes toconsider any business in camera.

4DISQUALIFICATION OR RETIREMENT OF MEMBERS

A Member of the Committee (including Office Bearers) shall cease to be so thus creating a vacancy if:-

(a)he/she dies or becomes permanently incapacitated; or

(b)he/she ceases to be qualified as a member and fulfil the conditions of Section 2 above; or

(c)he/she resigns his office by notice in writing signed by him and delivered to the Secretary - which notice shall take effect immediately; or

(d)in the opinion of the Committee he/she persistently absents himself/herself from meetings of the Committee without due cause.

(e)his/her registration with the GeneralMedical Council is suspended he/she shall not be entitled toresume his membership of the Committee for the remainderof the period for which he/she was originally appointed but he/she shall be permitted to stand afresh in the next followingelection if the suspension has ended prior to the date whenthe returning officer sends a written notice of election toeach elector.

5FILLING OF CASUAL VACANCIES

(a)Where an elected member is involved, the committee shall, if considered appropriate, appoint a replacement who shall serve for the remainder of the duration of office of the deposed member.

(b)Where an invited member is involved, the body from which a member was invited will be asked to provide a replacement to complete the duration of office of the deposed member.

(c)Where a vacancy exists for an unfilled seat, the Committee may fill the vacancy by means of co-option. The co-opted member shall have full voting rights. The co-optee will be a member of the Committee until the next election whereby the vacancy will be filled by the electoral process.

6OFFICE BEARERS

(a)Office Bearers shall be shared with the General Practice Sub-committee of the Area Medical Committee of NHS Greater Glasgow and Clydeand shall consist of - CHAIRMAN, VICE CHAIRMAN, SECRETARY, and TREASURER. Additional SECRETARIES may be elected if the Committeeconsiders it necessary to fulfil the functions of the Committee.

(b)The Chairman and Vice Chairmanshall be elected from the membership of the Committeeand voting will be open to all voting members. The Chairman and Vice Chairmanshall hold office for a fixed term of two years followed by annual election for a maximum of two further years.

(c)The Secretary or Secretaries shall be electedon a two yearly basis from the membership of the Committee and voting will be open to all voting members.

(d)The Treasurer shall be elected on a two yearly basis from the membership of the Committee and voting will be open to all voting members.

(e)All Office Bearers shall have full voting rights.

(f)In the event of loss of confidence of the Committee in the Chairman, or Vice Chairman, or Secretary, or Secretaries, or Treasurer, any six elected members of the Committee may propose a motion declaring a vote of no confidence in said Officer Bearer. Notice of loss of confidence in said Office Bearer shall be signed by the members and lodged with the Secretary. If the motion is passed by a simple majority at the Committee meeting, the said Office Bearer shall stand down and an election shall be called in advance of the next meeting of the Committee.

(g)In the event of the death, resignation, disqualification or permanent incapacity of an Officer Bearer during their term of office, the Executive Committee shall make such arrangements as may be necessary for the performance of the duties.

7EXECUTIVE COMMITTEE

(a)This shall consist of the Chairman, Vice Chairman, Secretary or Secretaries, Treasurer, and five other members of theCommittee.

(b)The immediate Past Chairman ex officiis shall serve for a period of one year provided he/she is a member of the Committee.

(c)The five other members shall be elected on an annual basisfrom the membership of the Committee and voting will be open to all voting members.

(d)The ExecutiveCommittee shall meet on a regular basis, as dictated by the Committee and at any other times as would seem fit, to fulfil the functions of the Committee. The Executive Committee shall have the fulldelegated authority of the Committee. The voting rights shall remain the same as the Committee.

(e)A Quorum shall consist of one third of all voting members, of which one must be an Office Bearer of the Committee.

(f)In the event of death, resignation, disqualification or permanent incapacity of an Executive Committee member during their term of office, so thus creating a vacancy, the Committee will decide how best to ensure the functions of the Executive Committee can be carried out.

(g)In the event of death, resignation, disqualification or permanent incapacity of Executive Committee members which result in the Executive Committee being unable to reach a Quorum, a Special Committee meeting shall be called.

8FUNCTIONS OF THE COMMITTEE

(a)The Committee shall represent the interests of all general medical practitioners within the area covered by NHS Greater Glasgow and Clyde in matters affecting their remuneration and conditions of service. In doing so the Committee shall liaise with and support the UK General Practitioners Committee and its sub-committees.

(b)All Office Bearers and Committee members will be expected to familiarise themselves with the Directors and Officers(D&O) Liability Insurance Policy, Professional Indemnity (PI) Insurance Policy and Employment Policy Documents, held in the LMC office.

9CONDUCT OF BUSINESS

(a)There shall be Standing Orders to direct the running of Committee meetings, Special Committee meetings, General Meetings and Special Meetings..

(b)A proposal to suspend Standing Orders shall require two thirds of voting members to be in favour.

(c)Members can propose, in advance of a Committee meeting, amendments to the Standing Orders which shall require two thirds of voting members to be in favourat the Committee meeting subsequent to the meeting where the amendment was proposed.

(d)The Secretary shall at any time, on the instructions of the Chairman or of the Executive Committee, or in cases of emergency without such instruction, call a Special Committee Meeting. The Secretary shall also call a Special Committee Meeting on receiving a written requisition stating the business desired to be transacted and signed by not fewer than one third of all voting members of the Committee.

(e)General Meetings of the General Practitioners on the Performers List of NHS Greater Glasgow and Clyde shall be held when considered appropriate by the Committee. Regular Newsletters shall be sent out by the Secretary informing general practitioners of the committee’s work and other matters relevant to general practitioners in the NHS Board area. Any decisions which may be reached at General Meetings must be considered by the committee but shall not be binding..

(f)If one hundred or more general practitioners on the Performers List of NHS Greater Glasgow and Clyde sign and lodge with the Secretary a requisition for a Special Meeting of General Practitioners, stating competent business, the Secretary shall report the requisition to the Chairman, Executive Committee or Committee and shall forthwith call the Meeting. Any decisions which may be reached at Special Meetings must be considered by the committee but shall not be binding..

(g)Written notices of General Practitioner Meetings stating the business to be transacted shall be sent to practitioners on the Performers List of NHS Greater Glasgow and Clyde.

10FINANCING OF THE COMMITTEE

(a)The functions of the Committee shall be a charge upon its constituent practices. Each constituent practice shall be asked to sign a mandate, which will permit the Committee to collect the sum of money, which in the opinion of the Committee, will result in sufficient funds being collected for this purpose. The sum of money so collected will cover the expenses of the Committee, its commitment to the GP Defence Fund, and shall also allow for the payment of attendance fees to members and sessional fees to the Secretarial team, the amount shall be decided annually by the Committee. The Committee shall have full power to bank, invest or use such funds so collected to the benefit of its constituents.

(b)In the event of dissolution of the Committee, if there be a duly, democratically elected body to replace the previous Committee, any such funds remaining/debts owed shall be carried on by the newly formed Committee. In the event of no replacement Committee, all such funds remaining and monies owed shall be distributed to/debited from the constituents in proportion to their subscriptions to the funds contained in their last quarterly mandate payment.

(c)All the financial transactions of the Committee shall be recorded in a proper account kept by the Secretary.

(d)The accounts of the committee shall be made up to 31 March each year by the Secretary and audited as directed by the Committee.

(e)The Treasurer shall present to the Committee each year a statement showing the financial transactions of the Committee during the preceding twelve months. Audit of the Accounts shall be carried out independently.

11DECLARATION OF INTEREST

(a)If any member has any personal interest, direct or indirect, in any topic, which appears before the Committee, he/she shall, at the meeting and as soon as practical after the commencement of discussion of the topic, disclose the fact. He/she shall be directed by the Chairman, after discussion with the rest of the Committee, whether he/she should leave the room for the rest of the discussion and/or vote.

(b)All members will be required to submit an annual declaration of interests that are relevant to the workings of the Committee.

12SUSPENSION OF THE CONSTITUTION

Any Section(s) or Sub-Section(s) of the Constitution may be suspended at any Meeting when two-thirds of the members present so decide.

13ALTERATION OF THE CONSTITUTION

This Constitution shall be subject to all statutory enactments. It may be altered by proposal of amendments submittedto a meeting of the Committee and agreed in principle, and confirmed by

a)a subsequent meeting of the Committee held at least 21 days following formal intimation of the proposed change to members by the Secretary, and

b)circulation of the proposed amendment to all constituent practices, inviting the same to submit to the Secretary their comments within 14 days

c)at a further meeting of the Committee all replies shall be considered and shall determine whether the proposed amendment (either as circulated or as varied as a result of consideration of such replies) shall be adopted.

February 2010