Interim CONSTITUTION FOR SURREY LOCAL DENTAL COMMITTEE

Transcription

1 Interim CONSTITUTION FOR SURREY LOCAL DENTAL COMMITTEE GENERAL 1 In this Constitution, unless the context requires otherwise: The Primary Care Trust means Surrey PCT (future National Commissioning Board) The Committee means the Surrey Local Dental Committee. Dental Practitioner means a registered dental practitioner whose name is on the Surrey PCT Performers List to provide dental services in the area of the PCT a registered dental practitioner whose name is not on the list of the PCT but who practises in the area of the PCT and who contributes to the Statutory Levy of the Surrey LDC a registered dental practitioner working within the Surrey Salaried Primary Dental Care Services (SPDCS) and who contributes to the Statutory Levy of the Surrey LDC a registered dental practitioner whose name is on the Performers List of another PCT but who works 4 session or more per week in the area of Surrey PCT and who contributes to the Statutory Levy of the Surrey LDC TITLE 2 The Committee shall be known as the SURREY Local Dental Committee. AIMS 3 The aims of the Committee shall be: a) to obtain, collate and present to appropriate bodies the opinions of the dental practitioners within the area represented by the Committee; b) to support any dental practitioner who appeals to the Committee for help or advice in any dental matter, including health and performance concerns. c) to co-operate with other Local Dental Committees, with particular regard to those in the same Strategic Health Authority (future National Commissioning Board) and regional liaison and other relevant groups; d) to discharge any other obligations devolving upon the Committee by relevant national legislation; e) to advise and work closely with the Primary Care Trust (future National Commissioning Board) to maintain and develop access to high quality dental services in the area with appropriate resources. MEMBERSHIP 4 The Committee shall consist of around 30 dental practitioners as defined in Paragraph 1 above, in accordance with the procedures hereinafter laid down. 5 The Committee may, in addition, co-opt dentists with specific areas of expertise or interest as members for agreed periods of time but co-opted members shall not have voting rights

2 on the Committee. The proportion of co-opted members shall not exceed one third of the number of the elected membership. TERMS OF OFFICE 6 The elected members of the Committee shall normally hold office for four years. The first election to the new Committee will take place in April 2012 to elect members to the Committee. 7 Any members of the Committee shall be eligible for re-election provided he/she is a dental practitioner as defined in Paragraph 1 above and any co-opted member is eligible to be coopted for a further period of office. METHOD OF ELECTION 8 The first election as per Paragraph 7 above shall take place in April 2012 and thereafter elections will be held for 50% of the committee at intervals of two years. 9 All dental practitioners as defined in Paragraph 1 above shall be eligible to stand as candidates and be eligible to vote. 10 The Committee shall appoint a Returning Officer who shall not be an elector. In the event of his/her absence or inability to act, he/she shall appoint some person other than an elector to act in his/her place. The Returning Officer shall be reimbursed all expenses properly incurred by him/her in the conduct of the election. 11 The Returning Officer shall send written notice of the election to every elector, not less than eight weeks before the date of election, enclosing a nomination form inviting nominations to be submitted within two weeks. 12 Every candidate for election shall be nominated by at least two electors. Each nomination shall be accompanied by a signed statement from the candidate of his/her willingness to stand for election. 13 When the closing date for nominations has passed, the Returning Officer shall (for each constituency): a) If (after one request for nominations) the number of nominations is less than the number of vacant seats, immediately inform electors to this effect, inviting further nominations to be received within two weeks. If the total number of nominations received remains less than the number of vacant seats, all candidates shall be declared returned unopposed and the Committee may appoint one or more practitioner(s) on the List to fill the vacant seat(s), such appointees being deemed to be elected with voting rights. b) If (after one request for nominations) the number of nominations equals the number of vacant seats, declare all candidates returned unopposed. c) If (after one request for nominations) the number of nominations exceeds the number of vacant seats, organise a postal ballot in accordance with the following procedures:

3 14 Where a postal ballot is held (and for each constituency): a) The Returning Officer shall prepare voting papers, inviting each candidate to submit a personal manifesto for circulation to the electorate, and issue them by post to every practitioner on the list within five weeks of the closing date for nominations. Voting papers shall specify the date of their return and indicate the names and addresses of all candidates nominated and the number of persons to be elected. b) Voting papers shall be signed by the electors and returned to the Returning Officer. A voting paper shall be invalid if it is not returned by the specified date, is not signed, contains more votes than the number of seats vacant, or is marked in such a manner as to cause uncertainty as to the elector s intentions. c) As soon as may be after the specified date, the Returning Officer shall examine the returned voting papers and, rejecting any that are invalid, count the votes. He/she shall prepare a list of the candidates, ordered according to the number of votes which each has received, the person receiving the greatest number of votes being placed first on the list. The Returning Officer shall declare elected such number of candidates highest on the list as will fill the number of vacancies on the Committee. d) If the votes received by two or more candidates are equal, so that one or more vacancies go unfilled, a second postal ballot shall be held between the candidates concerned. 15 When vacancies have been filled, either under the procedures of Paragraphs 14a) or following a postal ballot under Paragraph 14c) procedures, the Returning Officer shall, as soon as may be, advise all practitioners on the List and all candidates of the election results in writing. VACANCIES 16 The proceedings of the Committee shall not be invalidated by any vacancy in their membership or by any defect in the appointment of any member of the Committee. 17 Where a vacancy arises, the Chairman shall have the power to appoint an interim member. APPOINTMENT OF CHAIRMAN AND VICE CHAIRMAN 18 The Committee shall, at the first meeting following each election, elect a Chairman and Vice- Chairman from among its elected members. The Chairman and Vice-Chairman shall not hold office for a period exceeding six consecutive years in each office. APPOINTMENT OF SECRETARY 19 The Committee shall appoint a person to act a Secretary of the Committee, for a period not normally exceeding six years, subject to re-election every two years. The appointee shall forthwith notify his/her appointment to the PCT (future National Commissioning Board), the Strategic Health Authority and to the Secretary of the General Dental Practice Committee of the British Dental Association. The Secretary, with the agreement of the Committee, may appoint a person or persons to assist him/her in carrying out the secretarial functions of the Committee.

4 APPOINTMENT OF TREASURER 20 A member shall be elected to act as Treasurer, for a period not normally exceeding six years, subject to re-election every two years. APPOINTMENT OF AUDITOR 21 The Committee shall appoint a person to act as Auditor annually at the Annual General Meeting. QUORUM 22 One half of the number of elected members of the Committee or, if one half is not a whole number, the next whole number above one half, shall form a quorum of the Committee. MEETINGS 23 The Committee will have no fewer than four meetings a year. DISQUALIFICATION OR RESIGNATION OF MEMBERS 24 a) A duly elected dentist who resigns from the Surrey PCT Performers List, or whose name is on the Performers List of another PCT but works less that 4 sessions per week in the area of Surrey PCT, shall be deemed to have resigned his/her seat on the Committee unless he/she is eligible to remain a member as a dental practitioner as defined in paragraph 1 above. Following a resignation, a casual vacancy shall be deemed to have occurred. b) Where a member of the Committee has been absent from three consecutive meetings of the Committee to which he/she has been summoned, the Committee may, unless it is satisfied that his/her absence was due to illness or other reasonable cause, declare that his/her seat on the Committee has been vacated and thereupon a casual vacancy shall be deemed to have occurred. c) A member of the Committee may, at any time, by notice in writing signed by him/her and delivered to the Secretary, resign his/her office. 24 a) Where, by reason of the resignation, death or disqualification of an elected member of the Committee, a casual vacancy in the membership of the Committee occurs, the Committee may appoint a dental practitioner as defined in Paragraph 1 above or may hold a by-election to fill the vacancy. b) The person so appointed or elected shall hold office for the remainder of the term of office of the member in whose place he/she is appointed and shall have voting rights on the Committee.

5 ATTENDANCE AT MEETINGS 25 a) Any dental practitioner as defined in Paragraph 1 above may, at the Chairman s discretion, attend meetings of the Committee. b) The Chairman may invite any person or persons as a guest of the Committee to discuss or debate any topic which is relevant to the business of the Committee. EXTRAORDINARY MEETINGS 26 If thirty or more dental practitioners, as defined in Paragraph 1 above, practising in the Surrey LDC area, give written notice to the Secretary, the Secretary shall arrange an extraordinary meeting of the Committee as soon as is reasonably practicable, to discuss and debate the issue(s) raised by the dental practitioners seeking to convene the extraordinary meeting ANNUAL GENERAL MEETING 27 An Annual General Meeting shall be held each year in November, with three months notice. AMENDMENT OF THE CONSTITUTION 28 This Constitution shall be amended in the following manner but not otherwise: a) if the amendment is supported by a majority of the practitioners in the area of Surrey LDC present at an extraordinary meeting called for the purpose, provided that any proposed amendment must be circulated by the Secretary in writing four weeks before the meeting of the Committee or the extraordinary meeting of practitioners at which the amendment will be considered; b) amendments to the Constitution will need to be approved by the PCT (future National Commissioning Board) if they affect the practitioners contract with the PCT (future National Commissioning Board), in order to become effective.