Citation, commencement and interpretation

1. —(1) This Order may be cited as the General Medical Council (Constitution) (Amendment) Order 2007 and shall come into force on 10th April 2007.

(2) In this Order, “the principal Order” means the General Medical Council (Constitution) Order 2002( 2 ).

Amendment of article 2 of the principal Order

2. In article 2 of the principal Order (constitution of the General Council), for paragraph (a) substitute—

“ (a) 19 elected members, or such fewer number of elected members as results from a vacancy not needing to be filled by virtue of article 3(5); ” .

Amendment of article 3 of the principal Order

3. —(1) In article 3 of the principal Order (terms of office of elected members)—

(a) in paragraph (1), after “this article” insert “, article 3A”;

(b) in paragraph (3)—

(i) for “eight years” substitute “nine and a half years”, and

(ii) for “eleven years” substitute “twelve and a half years”;

(c) for paragraph (5), substitute the following paragraph—

“ (5) Where an elected member dies, resigns or otherwise ceases to be a member before completing his term of office, the vacancy need only be filled if as a consequence—

(a) there will be a vacancy among the elected members for twelve months or longer; and

(b) unless that vacancy is filled, the number of elected members will not exceed the number of appointed and nominated members,

in which case there is a casual vacancy, and subject to paragraph (6), an election shall be held to fill the casual vacancy. ” ;

(d) in paragraph (6), omit “subject to paragraph (7)”; and

(e) omit paragraph (7).

New article 3A of the principal Order

4. After article 3 of the principal Order insert the following article—

“ Extension of terms of office of certain elected members

3A. The term of office of an elected member whose term of office, in the absence of this article, would expire at the end of 30th June 2007 shall expire at the end of 31st December 2008. ”

Amendment of article 4 of the principal Order

5. In article 4 of the principal Order (terms of office of appointed and nominated members), in paragraph (3)—

(a) for “eight years” substitute “nine and a half years”;

(b) for “eleven years” substitute “twelve and a half years”; and

(c) for “elected” substitute “appointed or nominated”.

Amendment of article 7 of the principal Order

6. In article 7 of the principal Order (provisions relating to the term of office of the president), in paragraph (3), after “six years” add “, excluding in calculating that aggregate any time prior to the relevant day”.

Substitution of article 8 of the principal Order

7. For article 8 of the principal Order substitute the following—

“ Quorum

8. —(1) Subject to paragraphs (2) and (3), the quorum of the General Council shall be 25.

(2) Where, as a consequence of a vacancy not needing to be filled, the full membership of the General Council is less than 35, the quorum of the General Council shall, subject to paragraph (3), be 70% of the full membership of the General Council.

(3) If a calculation of 70% of the full membership of the General Council produces a number which is—

(a) not a whole number, the number produced shall be rounded up to the nearest whole number, and that whole number shall, subject to sub-paragraph (b), be the quorum of the General Council; or

(b) less than 10, the quorum of the General Council shall be 10. ”