The General Dental Council (Constitution) (Amendment) Order 2012

S.I. 2012/1655 · Made 26 June 2012

Health Care And Associated Professions

Dentists

Professions Complementary To Dentistry

Made 26th June 2012

Laid before Parliament 29th June 2012

Coming into force 1st October 2013

At the Council Chamber, Whitehall, the 26th day of June 2012

By the Lords of Her Majesty’s Most Honourable Privy Council

Their Lordships make the following Order in exercise of the powers conferred by section 1(2A) of, and paragraph 1B of Schedule 1 to, the Dentists Act 1984^f1:

Annotations to the whole text

Footnotes

f1: 1984 c.24. Section 1(2A) was inserted by S.I. 2001/3926 and substituted by S.I. 2005/2011. Paragraph 1B of Schedule 1 was substituted by S.I. 2009/1182, together with paragraph 1A, for paragraph 1 (as substituted by S.I. 2001/3926).

1Citation, commencement and interpretation
2Amendment of the Constitution Order
Signature
Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the General Dental Council (Constitution) (Amendment) Order 2012.

(2)

This Order comes into force on 1st October 2013.

(3)

In this Order, “the Constitution Order” means the General Dental Council (Constitution) Order 2009^f1.

2Amendment of the Constitution Order

(1)

The Constitution Order is amended as follows.

(2)

In article 2, in both places where it occurs, for “12” substitute “6”.

(3)

For article 8 substitute—

“Appointment, term of office and cessation of office of the chair

8.

(1)
The Privy Council must, as one of its functions relating to the appointment of members of the Council, appoint the chair of the Council.

(2)
The Privy Council may appoint a person to be the chair of the Council (“the appointee”)—

(a)
when it appoints the person to be a member of the Council; or

(b)
whom it has already appointed as a member of the Council.

(3)
The Privy Council must, upon making the appointment, determine the term of the appointee’s office as chair and that term cannot last beyond the date on which the appointee’s term of office as a member of the Council is due to expire (irrespective of whether or not the appointee is thereafter reappointed as a member of the Council).

(4)
An appointee ceases to be chair upon—

(a)
ceasing to be a member of the Council;

(b)
resigning as chair, which the appointee may do at any time by a notice in writing to the Council;

(c)
suspension of the appointee’s membership of the Council by the Privy Council; or

(d)
a vote to terminate the appointee’s appointment as chair by a majority of all the other members of the Council.”.

(4)

In article 11, for “13” substitute “7”.

Signature

Richard Tilbrook

Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order makes provision amending the General Dental Council (Constitution) Order 2009 (“the Constitution Order”).

Article 2 of the Constitution Order provides for the composition of the General Dental Council (“the Council”). Article 2(2) of this Order amends that article to change the composition from 12 registrant members and 12 lay members to 6 registrant members and 6 lay members.

Article 8 of the Constitution Order provides for the Council to elect its Chair from its members. Article 2(3) of this Order substitutes a new article 8 which provides instead for the Chair to be appointed by the Privy Council. The Privy Council may appoint a person to be the Chair when it appoints that person to be a member of the Council or it may appoint a person whom it has already appointed as a member of the Council. The Privy Council must, upon making the appointment, determine the term of the appointee’s office as chair. The article also provides for the cessation of the appointment of chair in specified circumstances.

Article 11 of the Constitution Order provides for the quorum of the Council. Article 2(4) of this Order amends that article to change the quorum from 13 to 7.