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SECOND SCHEDULE
Rules in relation to Membership and Meetings of Comhairle na nDochtuiri Leighis (The Medical Council)
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Tenure of Office
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1. Subject to the provisions of this Schedule in relation to the filling of casual vacancies, every member of the Council shall hold office, unless he sooner dies, resigns or becomes disqualified, for a period of five years.
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2. No person shall hold office as a member of the Council for more than two consecutive terms of five years.
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Resignations and Termination of Membership
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3. The Minister may at any time terminate the appointment of a member of the Council who was appointed by him.
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4. A member of the Council may resign his membership by giving notice in writing signed by him to the Council, but the resignation shall not become effective until the meeting of the Council next held after receipt of the notice of resignation.
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5. The membership of the Council of a person appointed by election shall terminate on his ceasing to be a registered medical practitioner engaged in the practice of medicine.
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Casual Vacancies
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6. (a) Whenever a casual vacancy occurs among the members of the Council, other than those appointed by election, the Council shall forthwith notify the body or authority which appointed such person and that body or authority shall, as soon as is convenient, appoint a person to fill such vacancy and any person so appointed shall serve as a member of the Council for such period as is unexpired of the term of office of the person whom he replaces.
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(b) Whenever a casual vacancy occurs among the members of the Council appointed by election, the Council, after consultation with the Minister, shall co-opt a person who would, pursuant to the provisions of this Act, be eligible for election to fill such vacancy and any person so co-opted shall serve as a member of the Council for such period as is unexpired of the term of office of the person whom he replaces.
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Quorum
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7. The quorum for a meeting of the Council shall be seven; provided that, in the case of a meeting of the Council where the matter of the erasure of the name of a registered medical practitioner from any register maintained by the Council, or the matter of the suspension of a registered medical practitioner from any such register, or the matter of the attachment of conditions to the continued registration of a registered medical practitioner, is on the agenda, the quorum shall be ten.
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Meetings
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8. The Council shall hold at least four meetings in every year and may hold such other meetings as may be necessary for the performance of its duties.
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President and Vice-President
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9. (1) The Council shall, from time to time, elect one of its members to be President of the Council and another of its members to be Vice-President of the Council.
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(2) A President and Vice-President of the Council, as the case may be, shall each hold office as such for such term as may be specified by the Council at the time of his appointment unless—
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(a) he ceases to be, or becomes disqualified from being, a member of the Council,
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(b) he resigns the office of President or Vice-President, as the case may be, and his resignation becomes effective under this paragraph,
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(c) the Council by a resolution, for which not less than two-thirds of the members of the Council vote, and of the intention to propose which not less than seven days notice is given to every member of the Council, terminates his appointment as President or Vice-President.
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(3) A President or Vice-President of the Council may at any time resign his office as such by giving notice in writing signed by him to the Council, but the resignation shall not become effective until the meeting of the Council next held after the receipt by the Council of the notice of resignation.
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(4) Whenever, at an election of the President or Vice-President of the Council, there is an equality of votes for two or more persons, it shall be determined by lot which of those persons shall be President or Vice-President, as the case may be.
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Proceedings at Meetings
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10. The proceedings of the Council shall not be invalidated by any vacancy or vacancies among its members or by any defect in the appointments to the Council or in the qualifications of any member thereof.
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11. The President, or in his absence, the Vice-President of the Council may convene a meeting of the Council on his own initiative or when he is requested so to do by a requisition signed by not less than six members of the Council.
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12. (1) If the President, or in his absence the Vice-President, of the Council refuses to convene a meeting of the Council after a requisition for that purpose signed by not less than six members of the Council has been presented to him, any three members of the Council may forthwith convene a meeting of the Council.
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(2) If the President, or in his absence the Vice-President, of the Council, without so refusing, does not, within seven days after the presentation of a requisition for that purpose signed by not less than six members of the Council, convene a meeting of the Council, any three members of the Council may, on the expiration of those seven days, convene a meeting of the Council.
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13. At least three clear days before every meeting of the Council, notice, signed by the President or Vice-President of the Council, as the case may be, or, if the meeting is convened by members of the Council, by such members, of the time and place of the meeting shall be sent to every member, of the Council: if the meeting is convened by members of the Council, the notice convening the meeting shall specify the business to be transacted thereat.
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14. At a meeting of the Council—
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(a) the President of the Council shall, if he is present, be the chairman,
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(b) if and so long as the President of the Council is not present, or if the office of President is vacant, the Vice-President of the Council shall, if he is present, be the chairman,
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(c) if and so long as the President of the Council is not present or the office of President is vacant and the Vice-President of the Council is not present or the office of Vice-President is vacant, the members of the Council who are present shall elect one of their number to be chairman of that meeting.
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15. Minutes of the proceedings of all meetings of the Council shall be drawn up and entered in a book kept for that purpose and such minutes shall be signed by the chairman of the next ensuing meeting.
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16. The names of all members present at a meeting of the Council shall be recorded in the minutes of the proceedings of the meeting.
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17. Subject to Articles 7 and 9 (4) of this Schedule, all acts of the Council and all questions coming or arising before the Council may be done and decided by a majority of such members of the Council as are present and vote in relation to the act or matter at a meeting of the Council duly convened according to law.
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18. In the case of equality of votes on any question arising at a meeting of the Council (other than the election of the President or the Vice-President) the chairman of that meeting shall have a second or casting vote.
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19. Save as is otherwise provided by any enactment, including this Act, the Council may make standing orders for the regulation of its proceedings, and may amend or revoke such standing orders.
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