Paragraph 3 The MembersI1I2
United Kingdom
During the transitional periods, the Council shall F1after article 3 of the ODP Order comes into force consist of—
F213 members appointed by the Privy Council (referred to in this Order as “practitioner members”);
F312 members who are appointed by the Privy Council (referred to in this Order as “lay members”); and
F413 members appointed by the Privy Council (referred to in this Order as “alternate members”).
The Privy Council shall appoint an alternate member for each practitioner member.
An alternate member has the same functions as a practitioner member but he may attend a Council meeting in his capacity as an alternate member and vote, only if his corresponding practitioner member is unable to do so.
Following consultation of persons who appear to it to be representative of the professions to which this Order relates, the Privy Council shall appoint from among persons who are registered under the 1960 Act, or, if section 2 has been repealed, who were so registered immediately before that provision was repealed, one practitioner member from each of the professions regulated under the 1960 Act as at 1st April 2001.
Following consultation of persons who appear to it to be representative of operating department practitioners, the Privy Council shall appoint one practitioner member from among persons who were registered in the AODP register immediately before this sub-paragraph comes into force, or who were removed from that register pursuant to article 2 of the ODP Order.
No person may be appointed as a practitioner member while he is the subject of fitness to practise investigations or proceedings whether under this Order or under the 1960 Act.
Having consulted such persons as it considers appropriate, the Privy Council shall appoint lay members from among persons who are not and never have been on the register or any of the register kept under the 1960 Act F6or the AODP register and who have such qualifications, interests and experience as, in the opinion of the Privy Council, will be of value to the Council in the performance of its functions.
The number of practitioner members shall constitute no less than half the total number of members but shall not exceed the number of lay members by more than one.
The members shall live or work wholly or mainly in the United Kingdom.
There shall be at least one practitioner member and one alternate member from each part of the register, and the number of practitioner and alternate members from each part shall be equal.
In respect of—
the practitioner and alternate members; and
the lay members,
at least one member shall be appointed from each of the countries of the United Kingdom and that member shall live or work wholly or mainly in the country concerned.
Annotations
Textual amendments
- F1
Words in Sch. 2 para. 3(1) inserted (18.10.2004 as notified in the London Gazette dated 1.10.2004) by The Health Professions (Operating Department Practitioners and Miscellaneous Amendments) Order 2004 (S.I. 2004/2033), arts. 1(2), 3(3)(b)(i)
- F2
Words in Sch. 2 para. 3(1)(a) substituted (18.10.2004 as notified in the London Gazette dated 1.10.2004) by The Health Professions (Operating Department Practitioners and Miscellaneous Amendments) Order 2004 (S.I. 2004/2033), arts. 1(2), 3(3)(b)(ii)
- F3
Words in Sch. 2 para. 3(1)(b) substituted (18.10.2004 as notified in the London Gazette dated 1.10.2004) by The Health Professions (Operating Department Practitioners and Miscellaneous Amendments) Order 2004 (S.I. 2004/2033), arts. 1(2), 3(3)(b)(iii)
- F4
Words in Sch. 2 para. 3(1)(c) substituted (18.10.2004 as notified in the London Gazette dated 1.10.2004) by The Health Professions (Operating Department Practitioners and Miscellaneous Amendments) Order 2004 (S.I. 2004/2033), arts. 1(2), 3(3)(b)(iv)
- F5
Sch. 2 para. 3(4A) inserted (18.10.2004 as notified in the London Gazette dated 1.10.2004) by The Health Professions (Operating Department Practitioners and Miscellaneous Amendments) Order 2004 (S.I. 2004/2033), arts. 1(2), 3(3)(c)
- F6
Words in Sch. 2 para. 3(6) inserted (18.10.2004 as notified in the London Gazette dated 1.10.2004) by The Health Professions (Operating Department Practitioners and Miscellaneous Amendments) Order 2004 (S.I. 2004/2033), arts. 1(2), 3(3)(d)
Commencement
- I1
Sch. 2 para. 3 not in force at made date, see art. 1(2)
- I2
Sch. 2 para. 3 in force at 22.3.2002 as notified in the London Gazette dated 15.3.2002, see art. 1(3)
Notes on the whole SI
Textual amendments
- F1
Title substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 45; S.I. 2019/1436, reg. 2(s)