NORTH YORKSHIRE

LOCAL DENTAL COMMITTEE 

CONSTITUTION

 

REVISED 2013

  

  

NORTH YORKSHIRE LOCAL DENTAL COMMITTEE

 

GENERAL

 

1. In this Constitution unless the context requires otherwise ‘The NCB’ means National Commissioning Board.’

The Committee’ means the North Yorkshire Local Dental Committee.

‘Practitioner’ means an eligible dental practitioner, registered with the General Dental Council under the Dentists Act 1984 as amended and, whose name is on the NHS performers list of the NCB to provide primary care dental services either as a provider or performer, under a General Dental Services, Personal Dental Services, Salaried Dental Services or PCT Dental Services contract.

He or she will thus be regarded as eligible to exercise his or her vote to elect another practitioner to the North Yorkshire Local Dental Committee.

‘Electoral District’ means the Areas of Harrogate, Craven and Rural; Hambleton & Richmondshire; Scarborough, Whitby & Ryedale; and York & Selby as administered by the NCB.

 

This Constitution reflects the requirements of the National Health Services Act 1977 and The Dentists Act 1984 with due regard to amendments arising.

 

TITLE

 

 

2.            The Committee shall be known as the North Yorkshire Local Dental Committee

 

FUNCTIONS

 

1. 3.The Committee shall represent the interests of all eligible dental practitioners who under a General Dental Services, Personal Dental Services, Salaried NHS Dental Services or, PCT Dental Services contract, are providing or performing primary dental services for the PCT.

The Committee shall liaise with the NCB in respect of those interests.

The Committee will not represent the interests of any eligible practitioner who has formally notified the NCB that they do not wish the Committee to represent him/her.

 

MEMBERSHIP

 

4. The Committee shall consist of elected eligible practitioners. It shall consist of members elected from the four Electoral Districts; the number of members in total and the number from each Electoral District to be agreed by the Committee prior to each Election and the number from each Electoral District to be in direct proportion to the number of practitioners at that particular time in each Electoral District. In addition one member may be elected by those providing or performing salaried NHS primary care dental services within the NCB area and this will be recognised as a fifth electoral district. The number elected will thus be in a similar direct proportion to the other electoral districts

 

TERM OF OFFICE

 

1. 5.The elected members of the Committee shall hold office for three years and shall retire on 31st March. Retiring members shall be eligible for re- election.

 

NOTIFICATION OF ELECTION

 

6. All eligible practitioners within the NCB locality will be normally notified of a forthcoming election, 6 to 8 weeks prior to that Election. (See clause 9.)

 

METHOD OF ELECTION

 

7. Every eligible practitioner practising in a particular Electoral District shall be entitled to vote to elect the correct number of representatives for that particular Electoral District.

 

 

8. The Committee shall appoint a Returning Officer who shall not be an Elector. The Returning Officer shall be reimbursed for all expenses properly incurred by him in the conduct of the Election and may be paid, at the discretion of the Committee, an appropriate fee for his services.

 

 

1. 9.When an Election is due, the Returning Officer shall send written notice to each eligible Elector of the number of vacancies in that particular Electoral District and shall ask for nominations on an enclosed nomination form. (DCS eligible practitioners will receive a similar form indicating the number of candidates eligible for election) Every candidate shall be nominated by at least two eligible electors, each nomination to be returned to the Returning Officer within 21 days and to be accompanied by a signed statement from the candidate of his/her willingness to stand for election, and to serve if elected.

 

10. If the number of candidates in any Electoral District or, from DCS, does not exceed the number of vacancies to be filled the Returning Officer shall declare these candidates duly elected.

 

11. If the number of candidates exceeds the number of vacancies, a postal ballot shall be organised in accordance with the procedures hereinafter laid down

 

12. Where a postal ballot is held in an Electoral District;

 

a) The Returning Officer shall prepare voting papers and issue them by post to every practitioner within two weeks of the closing date for nominations. Voting papers shall specify the date for 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 practicable 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 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. In the event of a second tie the successful candidate will be determined by lot.

 

13. When vacancies have been filled , either under the procedures of paragraph 10 or following a postal ballot under paragraph 11 procedures, the Returning Officer shall, as soon as may be practicable, advise all practitioners and the Chief Executive of the PCT, of the election results, in writing.

 

14. Any question as to the validity of any nomination, ballot paper or any matter connected with an election shall be determined by the Returning Officer whose decision shall be final.

 

MEETINGS OF THE COMMITTEE

 

15. a The first Meeting of the Committee shall take place within six weeks of the formation of the Committee.

 

b) The Committee shall meet at least three times a year and further meetings shall be held at the discretion of the Committee.

 

c) The Secretary shall inform each member at least 21 days prior to each ordinary meeting. Urgent meetings shall be convened as circumstances indicate.

 

RECORDS

 

16. Minutes shall be kept of each formal meeting as well as an account of income and expenditure of the committee.

 

 

 

FINANCE

 

17. a) The Committee shall, in respect of each year, determine the amount of its administrative expenses for that year attributable to eligible practitioners with the description specified in clause 4

 

 

b) The Committee shall apportion the amount determined by it in respect of those eligible practitioner falling within the description in clause 4 among such practitioners and

 

c) The Committee shall notify those eligible practitioners the amount that the Committee has directed should be apportioned to him/her. The mechanism specified in clause 17d), may be utilised for this purpose.

 

d) The Committee shall, with the cooperation of the PCT and the Business Services Agency NHS (Dentistry), arrange for levy deduction of the amounts determined in clause 17c), from NHS GDS or PDS contract monthly schedule payments. Levy payments will be regarded as ‘voluntary’ and / or ‘Statutory’, as appropriate.

 

e.) The Committee shall ensure that an independently audited annual statement of accounts is presented to the Annual General Meeting. (See clause 21)

 

APPOINTMENT OF AN EXECUTIVE

 

 

18. The Committee may, from the membership, appoint an executive consisting of Chairman, Vice-Chairman, Secretary, Treasurer and Deputy Secretary. A member may not hold an executive position for more than 9 consecutive years.

 

 

APPOINTMENT OF CHAIRMAN

 

 

19. The Committee shall at the first Meeting appoint one of its members to act as Chairman to hold office until the first meeting after the next election, and another as Deputy Chairman to hold office similarly.

 

In the event of the absence of both the Chairman and Deputy Chairman from any Meeting of the Committee, those present shall appoint a member to officiate as Chairman for that Meeting only.

 

 

APPOINTMENT OF SECRETARY

 

 

20. The Committee shall, from the membership, appoint a Secretary and a Deputy Secretary to the Committee. They will hold office until the first meeting after the next Election and in the event of death, resignation or removal from office, the committee shall immediately proceed to appoint another person to act as Secretary and/or Deputy Secretary

The Secretary shall forthwith notify the names of Committee members and Officers to the Chief Executive of the Primary Care Trust and to the Secretary of the General Dental Practitioner Committee of the British Dental Association.

 

 

 

 

APPOINTMENT OF TREASURER

 

 

21. The Committee shall, from the membership, appoint a person to act as Treasurer to hold office until the first meeting after the next election .The Treasurer shall be responsible for the funds of the Committee and for the preparation of independently audited Annual Statement of Accounts which shall be presented to the AGM.

 

 

SUB – COMMITTEES

 

 

1. 22.The committee may establish sub – committees as follows;

 

i) Executive sub committee

ii) Practitioner Advice and Support (PASS) Sub Committee

iii) Project specific sub committee(s) as determined by the majority of the Committee

 

Any sub-committee referred to in this clause shall report to the main Committee at times and intervals determined by the main Committee

 

 

 

QUORUM

 

23.

One third of the number of members of the Committee, or if one third is not a whole number, the next number above one third, shall form the quorum of the Committee.

 

 

 

RESIGNATION OR DISQUALIFICATION OF A MEMBER

 

 

24. A member of the Committee may at any time by notice in writing, duly signed and delivered to the Secretary, resign from the Committee. An elected member who resigns from the list shall forthwith vacate his seat on the Committee and a casual vacancy shall be deemed to have occured.

 

25. Where a member has been absent for three consecutive meetings of the Committee, the Committee may, unless satisfied that the absence was due to illness or other reasonable cause, declare that the seat on the Committee has been vacated.

METHOD OF FILLING CASUAL VACANCIES

 

 

26. 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 practitioner, or may hold a bye-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 whose place he/she is appointed and shall have voting rights on the Committee.

 

 

 

VACANCIES ETC . NOT TO INVALIDATE PROCEEDINGS

 

27. The proceedings of the Committee shall not be invalidated by any vacancy, casual or otherwise, in its membership or by any defect in the appointment of any member of the Committee.

 

 

CO – OPTION

 

 

28. The Committee shall have the power to co-opt persons as members to serve on the Committee with non – voting status for the duration of the triennium.

 

 

 

ANNUAL GENERAL MEETING OF PRACTITIONERS

 

 

29.            An AGM shall be held on a date, time and place to be decided by the Committee.

 

 

ANNUAL REPORT

 

 

1. 30.The Chairman shall prepare each year a Report of the proceedings of the Committee. This Report shall be circulated to all eligible practitioners prior to the AGM and be presented to the AGM.

 

 

EXTRAORDINARY GENERAL MEETING OF PRACTITIONERS

 

 

31. An Extraordinary General Meeting of Practitioners shall be convened if so requested by the Committee, or in writing, by not less than twenty eligible practitioners. The Secretary shall normally give at least 21 days notice of such a meeting to practitioners.

 

 

 

AMENDMENT OF CONSTITUTION

 

 

32. a) Amendment of the Constitution can only be made at a General Meeting at which at least two thirds of the electors present vote in favour of the amendment.

 

b) No amendment of the Constitution shall become effective unless it has been recognised by the Primary Care Trust.

 

 

PARTICIPANTS IN PRIMARY CARE TRUST DISCUSSIONS

33.           Should any potential conflict of interest arise for a member of the committee regarding discussions with NCB, the member shall declare that interest immediately and should be barred from such discussions on behalf of the Committee with the NCB and, from voting on related matters at Committee meetings.

 

REGISTER OF INTERESTS

 

34. The Secretary to the Committee shall maintain a register of the relevant interests of all members and shall provide copies to NCB annually and, at any other time, upon request.

 

Each member is required to register all relevant business interests, financial or otherwise, which he or (so far as he is aware) his spouse, civil partner or partner, children, or other close relatives may have which have a bearing upon the primary functions of the Committee.

 

Members should inform the Secretary whenever their circumstances change and interests are acquired or cease.

 

OTHER CONFLICT OF INTERESTS & RECEIPT OF GIFTS

 

35. Members and Officers of the LDC must declare any conflict of interest which may unfairly or adversely affect his/her duties and responsibilities whilst acting as a member of the LDC and should be prepared to withdraw from any relevant duty so affected and not be eligible to vote within Committee upon such matters. The LDC should record such declarations accordingly.

 

Members and officers of the LDC should not accept any gift or token which could be deemed to affect or, have affected his/her ability or decision to perform appropriate duty as an LDC member.

 

The LDC executive will have the discretion to assess if such an occasion has occurred or might arise and, advise the member accordingly.

 

 

 

 

 

 

 

            This Constitution was approved by;

 

1. 1.Annual General Meeting of Practitioners held March 2013