1. Unless the contrary intention appears or the context otherwise requires, words and expressions contained in this Constitution have the same meaning as in the National Health Service Act 2006 as amended.

2. Words importing the feminine gender only shall include the masculine gender, words importing the singular shall include the plural and vice versa.

1.1 In this Constitution:

“the 2006 Act” means the National Health Service Act 2006;

“The Committee” means the Northamptonshire Local Dental Committee

“dental practitioner” means a person registered in the Dentists Register under the Dentists Act 1984;

“eligible practitioner” means a dental practitioner falling within the category of dental practitioner specified in clause 3(a)(i) and (ii);

“general dental services contract” means a contract under section 28K of the 2006 Act;

“personal dental services agreement” means an agreement for primary dental services under section 28C of the 2006 Act;

The Committee recognised by the NHS Commissioning Board1 shall be known as the Northamptonshire Local Dental Committee of the Herts and South Midlands NHS Commissioning Board area ".

3.1 The function of the Committee is to – (a) represent the interests of:

 1 Constitution must be approved by the relevant Commissioning Board Local Office(s)

(i) every dental practitioner/dental care professional who under a general dental services contract entered into by her is providing services in Northamptonshire

; and

(ii) every other dental practitioner who is performing primary dental services in Northamptonshire for whom a levy is paid –

a personal dental services agreement; or a general dental services contract

and who has notified the Commissioning Board that she wishes to be represented by the Committee and has not notified it that she wishes to cease to be so represented; and

(b) promote and support the NHS interests of eligible practitioners and liaise with the Commissioning Board in respect of those interests.

(c) these functions may include, but are not limited to, the following2:

(i) Providing individual support to eligible practitioners in issues regarding their NHS contract or NHS work

(ii) Organising or supporting a Practitioner Advice and Support Scheme

(iii) Providing relevant information to eligible practitioners and responding to relevant

consultations

(iv) Support dental charities which are of benefit to eligible practitioners

(v) Liaising with the BDA’s General Dental Practice Committee and providing support for

national negotiations and representation

(vi) Supporting the Annual Conference of Local Dental Committees and sending

delegates to other national and local meetings of LDCs.

4.1 The Committee shall consist of twelve members who are eligible practitioners elected in accordance with the procedures set out in clause 13

4.2 The committee may in addition co-opt additional eligible practitioners as members, including two young dentists (within 12 years of qualification) but the number of co-opted members shall not exceed one third of the total number of members of the Committee. Co-opted members shall not have voting rights on the Committee.

4. TERMS OF OFFICE

 2 Other functions to be included according to local circumatances

4.1 Members of the Committee-

(a) may hold office for a period of a four year rotational basis, with half of the committee being elected every two years;

(b) are eligible for re-election at the end of that period;

(c) shall cease to hold office if they cease to be an eligible practitioner;

(d) co-opted members shall hold office until the date of the next election.

5. VACANCIES NOT TO INVALIDATE PROCEEDINGS

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

6.1 The members of the Committee shall elect a chair and vice chair from among themselves. 6.2 The term of office of the chair and vice chair shall be no more than 8 years.

6.3 The chair and vice chair shall hold office until whichever of the following first occurs-

(a) she resigns as chair or, as the case may be, as vice chair by giving notice to the Committee; (b) she ceases to be a member of the Committee; or (c) she is removed as chair, or as the case may be as vice chair, by a majority vote of other members of the Committee.

6.4 A person shall not be prevented from being elected chair or as the case may be vice chair merely because she has previously been chair or as the case may be, vice chair (unless 4.1 ( c) applies).

7.1 The Committee shall appoint a person to act as Secretary to the Committee who may or may not

be an eligible practitioner.

7.2 The Secretary shall immediately notify her appointment to the relevant NHS Commissioning Board area and to the Secretary of the General Dental Practice Committee of the British Dental Association.

7.3 The Secretary shall keep the NHS Commissioning Board area advised in a timely fashion of all changes to the membership of the Committee.

7.4 The Secretary shall keep a list of any eligible practitioner performing primary dental services who has notified the Committee and the Commissioning Board that she wishes to cease to be represented by the Committee and forward this list to the Commissioning Board.

8.1 The Committee shall appoint a Treasurer who may or may not be an eligible practitioner.

8.2 The Treasurer shall maintain the accounts of the Committee in a timely and accurate fashion. Those accounts shall be approved annually by the Committee.

8.3 The Treasurer shall also notify the relevant Commissioning Board area of his appointment.

9.1 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.

10.1 A person may not be a member of the Committee if:

(a) she is a person whose tenure of office as a chair or as a member or director of a health service body has been terminated on the grounds that his appointment is not in the interests of public service, for non attendance at meetings, or for non-disclosure of a interest for which there is a conflict with her membership of the Committee;

(b) she has within the preceding two years been dismissed, otherwise than by reason of redundancy, from paid employment with a health service body.

11.1 A member of the Committee or sub-committee shall cease to be a member if she:

(a) resigns by written notice to the Secretar);

(b) ceases to fall within the category of eligible practitioner in clause 3;

(c) becomes incapable by reason of mental disorder, illness or injury of managing and administering her property and affairs;

(d) fails to attend (in person or by telephone) three consecutive meetings of the Committee to which she has been requested by the Committee to attend without reasonable cause as agreed by the Chair;

(e) has abused her position on the LDC for preferment

(f) (add additional restrictions imposed as a consequence of paragraph 10). 

12.1 The Committee may establish a sub-committee -

(a) to exercise the functions of the Committee relating to orthodontists in the Commissioning Board area;

(b) any other sub-committees as necessary and desired to take account of local issues

12.3 The sub-committee(s) referred to in this clause shall report to the Committee in the manner

and at such times as the Committee requests.

13.1 Elections shall be held in Sept 2020 and thereafter at intervals of two years.

13.2 All eligible practitioners shall be eligible to vote for a person who has been nominated and who

provides or performs primary dental services within the same area as herself.

13.3 The Committee shall appoint a Returning Officer for each election, who shall not be an eligible practitioner. In the event of the person appointed as Returning Officer being unable to act, he or she shall appoint a person, other than an elector, to act as deputy in his or her place.

13.4 Expenses properly incurred by the Returning Officer shall be administrative expenses of the Committee.

13.5 The Returning Officer shall send notice of the election to every eligible practitioner, not less than six weeks before the date of the election, enclosing a nomination form inviting nominations to become a member of the Committee to be submitted within three weeks. The call for nominations can be made electronically and online via newsletter.

13.6 Every candidate for election shall be nominated by at least two eligible practitioners who provide or perform primary dental services within the same Commissioning Board

area in which the candidate provides or performs primary dental services. Note this clause can be deleted if self-nomination is allowed.

13.7 Each nomination shall be accompanied by a signed statement from the candidate of her willingness to stand for election.

13.8 When the closing date for nomination has passed:

(a) if the number of nominations is less than the number of vacant seats, all candidates shall be declared returned unopposed and the Committee may appoint one or more eligible practitioners from the relevant area to fill the vacant seat(s), such appointees being deemed to be elected members with voting rights;

(b) if the number of nominations equals the number of vacant seats, all candidates shall be declared returned, unopposed;

(c) if the number of nominations exceeds the number of vacant seats, a ballot shall be arranged by the Returning Officer in accordance with the procedures set out in paragraph (9) of this clause. Ballots may be held by electronically.

13.9 Where a ballot is to be held:

(a) the Returning Officer shall prepare voting papers for and issue them by email and online via newsletter to eligible practitioners within two weeks of the closing date for nominations. Voting papers shall specify the date for their return, and indicate the names and practice addresses of all candidates nominated and the number of persons to be elected;

(b) voting papers shall be returned to the Returning Officer. A voting paper shall be invalid if it is not returned by the specified date, 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) the Returning Officer shall examine the returned voting papers and, rejecting any that are invalid, count the votes after the specified date;

(d) he 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 in the list;

(e) the Returning Officer shall declare elected such number of candidates highest on the list as will fill the number of vacancies on the Committee;

(f) if the votes received by two or more candidates are equal, so that one or more vacancies go unfilled, a second ballot shall be held, between the candidates concerned.

13.10 When vacancies have been filled in accordance with the procedure in this clause, the Returning Officer shall, as soon as possible, advise all eligible practitioners and all candidates of the election results, in writing.

14.1 Should a vacancy in the membership of the Committee occur:

(a) whether by reason of termination, death or disqualification, a casual vacancy in the membership of the Committee occurs, the Committee shall, except in the circumstances mentioned at 14.1(d), hold a by-election to fill that vacancy;

(b) the persons eligible to be so elected are those eligible practitioners falling within the same category and who provides or performs primary dental services within the same area of the practitioner who has ceased to be a member;

(c) the person so elected shall hold office for the remainder of the term of office of the member in whose place he/she is appointed;

(d) where the remainder of the term of office of the post vacated is less than (six months) the Committee may instead co-opt an eligible practitioner falling within the same category to fill that vacancy for the remainder of that term of office only.

15.1 Any eligible practitioner or any other person who is not a member of the Committee may, at the Chair's discretion, attend meetings of that Committee or any sub-Committee.

16.1 Reasonable notice shall be given before each Committee meeting.

16.2 A general meeting (which may or may not be annual) shall be called in September with at least 21 days’ notice given of the place, date and hour of that meeting to all eligible practitioners.

17.1 Minutes shall be kept of each meeting of the Committee for at least ten years as well as an account of the income and expenditure of the Committee.

18.1 The Committee in respect of each year shall determine the amount of its expenses for that year attributable to eligible practitioners falling with the description specified in clause 3(a)(i) and (a)(ii).

18.2 The Committee shall apportion the amount determined by it in respect of those eligible practitioners falling with the description of eligible practitioner specified in clauses 3(a)(i) and 3(a)(ii) among such practitioners.

19.1 The Committee shall prepare an annual report and a statement of accounts in each financial year.

19.2 If requested, the annual report and statement of account shall be sent to the Commissioning Board area and to all eligible practitioners not later than four weeks after the Committee shall have approved the same and shall be included on the LDC’s website.

19.3 The Statement of account shall provide details of the expenses attributable to persons of whom it’s representative under section 113 of the 2006 Act, including the travelling and subsistence expenses incurred by the members of the Committee.

20.1 The Secretary to the Committee shall maintain a register of the relevant interests of all members and shall provide copies to the NHS Commissioning Board on request.

20.2 Each member is required to register all relevant business interests, financial or otherwise, which she or (so far as she is aware) her spouse, civil partner or partner, children, or other close relatives may have which have a bearing upon the primary functions of the Committee. Such interests may include but are not limited to:

• Dental Practice Adviser

• Employment by NHS Dental Services

• LDN or MCN Chair

• A role with the CQC

• A role with the GDC

• A role with HEE.

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

21.1 The Committee shall ensure that it keeps a register of gifts which are given to any member of the Committee by or on behalf of:

(a) a contractor;

(b) a relative of a contractor; or

(c) any person who provides or wishes to provide primary dental services in the NHS Commissioning Board area, and has, in the Committee’s reasonable opinion, an individual value of more than £100.00.

21.2 Paragraph 1 does not apply where: (a) there are reasonable grounds for believing that the gift is unconnected with services provided or to be provided in the area;

(b) the Committee member is not aware of the gift; or

(c) the Committee member is not aware that the donor wishes to provide services in the area.

21.3 The register referred to in paragraph 1 shall include the following information—

(a) the name of the donor;

(b) in a case where the donor is a patient of the member, the patient’s National Health Service number or, if the number is not known, his address;

(c) in any other case, the address of the donor;

(d) the nature of the gift;

(e) the estimated value of the gift; and

(f) the name of the person or persons who received the gift.

22. PARTICIPANTS IN NHS COMMISSIONING BOARD DISCUSSIONS

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

23.1 The Committee may make amendments to the Constitution with the approval of no less than three quarters of the members of the Committee.

23.2 The Committee shall notify and provide details of any amendment to the constitution to the Commissioning Board area.