By-Laws

CONTENTS

General
Membership
Fees
Privileges of Membership
Termination of Membership
General Meetings
Proceedings at General Meetings
Votes of Members
Honorary Officers
The Council
Faculties
Diplomas and Certificates
Finance
Notices
Regulations
The Seal
Validity of Acts
Indemnity

The Schedule - By-Laws of the Royal College of Radiologists
[approved by Privy Council September 2002; amendments to By-Law 3 (1) (b) & (d) approved by Privy Council September 2007]

1. General
In these By-Laws, unless the context otherwise requires:

“the Supplemental Charter” means the Supplemental Charter to which these By-Laws are scheduled;

words and expressions defined in the Supplemental Charter bear the same meaning;

“College elections” means elections of Honorary Officers and of elected Members of the Council, of governing bodies of Faculties and of committees for which elections are held hereunder;

“College year” means the period (of whatever length) between the commencement of an Annual General Meeting and the commencement of the next Annual General Meeting;

“Faculty” means one of the Faculties established under By-Law 25;

“in good standing” means that the member so described neither falls within By-Law 5(2) nor has had his membership terminated under the provisions of the By-Laws;

“in writing” means written, printed or reproduced in visible form by any other means;

“medical and dental practitioners” shall include persons who have retired from medical or dental practice;

the words “member”, “Associate Member”, “Member”, “Honorary Member”, “Fellow” and “Honorary Fellow” shall have the meanings attributed to them in By-Law 3;

“Office” means the Office of the College;

“Register” means the Register of members of the College, and “registered” shall mean entered on the Register;

“Regulations” means the Regulations for the time being in force made by the Council hereunder with the sanction of the College in General Meeting;

“United Kingdom” means Great Britain, Channel Islands, Isle of Man and Northern Ireland;

“year” means calendar year;

the rules of construction set out in the Supplemental Charter apply equally to the By-Laws.

2. Every member of the College shall be held to have agreed to be bound by the provisions of the Supplemental Charter and these By-Laws as amended from time to time and shall be bound to further, to the best of his ability, the objects and interests of the College.

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3. Membership
(1) The members of the College shall be:

(a) Associate Members, who shall be

(i) those medical and dental practitioners admitted as Associate Members by the Council in accordance with the Regulations;

(ii) UK medical physicists who are Fellows of the Institute of Physics and Engineering in Medicine ("the Institute") or full members of the Institute with appropriate postgraduate qualifications or experience; and

(iii) UK nuclear medicine physicians who hold specialist registration with the General Medical Council as such.

(b) Members, who shall be:

(i) those medical and dental practitioners admitted as Members by the Council in accordance with the Regulations; and

(ii) those non-medical and non-dental practitioners who have made a significant contribution to the specialties of clinical radiology or clinical oncology or dental and maxillofacial radiology admitted as Members by the Council in accordance with the Regulations;

(c)Those who are admitted as Fellows by the Council in accordance with the Regulations. They may use the postnominal designation ‘FRCR’

(d) Honorary Members and Honorary Fellows, who shall be such persons as the Council shall elect in such manner as shall from time to time be prescribed by the Regulations. They shall have such privileges other than voting rights as the Regulations shall prescribe. Honorary Members and Honorary Fellows may respectively use the postnominal designations ‘Hon MRCR’ and ‘Hon FRCR’.

All the above shall comprise the members of the College.

(2) The names of all persons admitted to membership with the date of admission shall be recorded in the Register which shall be maintained and kept at the Office.

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4. Fees
The admission fees and subscriptions of the different classes of membership (other than Honorary Fellows and Honorary Members) shall be such sums as are prescribed by the Council with the sanction of the College in General Meeting (subject to such waivers and adjustments as may be permitted by the Regulations). They shall be due at such time and in such manner as shall be prescribed by the Council.

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5. Privileges of Membership
(1) Subject as provided herein, the Regulations shall prescribe the privileges to which the different classes of membership are entitled.

(2) No member shall be in good standing and entitled to enjoy any of the privileges of membership, to receive notice of, attend or speak at General Meetings of the College, to exercise any voting rights, or to make use of any permitted postnominal designation of membership, if he is in arrear with any fee or subscription due from him for six months (as certified by the Treasurer of the College) or has failed to comply with the provisions of the Supplemental Charter, the By-Laws or the Regulations (as certified by the Registrar of the College).

(3) Reinstatement to good standing shall occur upon rescission of the relevant certificate once the Treasurer or Registrar of the College is satisfied that the matter has been rectified.

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6. Termination of Membership
The Council may determine that any member who is in arrear with any fee or subscription due from him, for one year or more, shall cease to be a member. Upon any such determination being made the member’s name shall be removed from the Register, and he shall thereupon cease to be a member but shall nevertheless remain liable to pay to the College all fees and subscriptions due up to the date on which he ceased to be a member.

7 (1) The Council shall have power to order the erasure from the Register of the name of any member:

(a) if by notice in writing addressed to the Registrar he resigns his membership;

(b) if a Receiving Order is made against him or he makes any arrangement or composition with his creditors;

(c) if it shall appear to the Council upon the best information available to it that his name has been erased from any register which entitled him to practice;

(d) if at any time the Council shall judge that he has behaved in a manner prejudicial to the welfare or good name of the College or the attainment of its objects, by a majority of not less than three-quarters of the Council present and voting; provided that no erasure of his name shall be ordered until he has been given the right to attend and be heard by the Council in accordance with the Regulations before a decision is made. The Regulations shall respect the rules of natural justice, and shall enable the member to have sight of the case against him, to be represented, to call witnesses on his own behalf, to cross-examine witnesses called against him and to appeal against the decision of the Council.

(2) Where any member has ceased to be a member by virtue of By-Law 6 or 7(1), the Regulations shall prescribe the manner in which application for reinstatement to the Register may be made and the manner of consideration of such application by the Council.

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8. General Meetings
The College shall hold a General Meeting in every calendar year as its Annual General Meeting at such time and place as may be determined by the Council, and shall specify the Meeting as such in notices calling it; provided that every Annual General Meeting shall be held not more than fifteen months after the holding of the last preceding Annual General Meeting.

9 All General Meetings other than Annual General Meetings shall be called Extraordinary General Meetings.

10 The Council may whenever it thinks fit convene an Extraordinary General Meeting, and Extraordinary General Meetings shall also be convened on the requisition of forty or more members of the College entitled to vote. Such Meeting shall be convened by the Council within six weeks of the date of the requisition. In default thereof the requisitionists themselves may convene such Meeting in accordance with these By-Laws within twelve weeks of the date of the requisition.

11 At least twenty-one days’ notice in writing of every Annual General Meeting and of every Meeting convened to pass a Special Resolution, and at least fourteen days’ notice in writing of every other General Meeting (exclusive in every case both of the day on which it is served or deemed to be served and of the day for which it is given), specifying the place, date and time of the Meeting, and in the case of special business the general nature of that business, shall be given in manner hereinafter mentioned to such persons (including the Auditors) as are under these By-Laws entitled to receive such notices from the College.

12 The accidental omission to give notice of a Meeting to, or the non-receipt of such notice by, any person entitled to receive notice thereof shall not invalidate any Resolution passed, or proceedings held, at any Meeting.

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13. Proceedings at General Meetings
The Regulations shall provide for the conduct of General Meetings, including the nature of the business to be conducted, the quorum (which shall be not less than thirty members entitled to vote personally present), the chairmanship, the method of conducting polls, adjournment of the Meeting and further provisions for the conduct of the Meeting.

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14. Votes of Members
Only Fellows and Members present in person and in good standing shall be entitled to vote on any question at a General Meeting. The Regulations may prescribe the circumstances in which and the method by which votes of members may be taken by postal ballot. Only Fellows in good standing eligible to vote, as prescribed by the Regulations, shall be entitled to vote in College elections.

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15. Honorary Officers
(1) The Honorary Officers of the College shall be elected from among the Fellows eligible to serve, as defined by the Regulations. They shall be elected by the Fellows entitled to vote in College elections, in accordance with the procedures and for the terms of office prescribed by the Regulations.

(2) The Honorary Officers of the College shall be:

the President the Deans of the Faculties (each of whom shall serve as Vice-President of the College)
the Treasurer the Wardens of the Faculties (one of whom shall serve as Warden of the Fellowship) the Registrars of the Faculties (one of whom shall serve as Registrar of the College).

(3) The duties and responsibilities of each of the Honorary Officers shall be prescribed by the Regulations.

(4) The Honorary Officers shall assume office at the conclusion of the Annual General Meeting following their election.

(5) The Regulations shall prescribe the procedure for filling casual vacancies among the Honorary Officers during the course of a College year and the events in which Honorary Officers shall cease to hold office. The College in General Meeting shall have power to remove any Honorary Officer at any time and appoint in his stead another Fellow eligible for the office who shall retire from office when the removed Honorary Officer would have retired.

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16. The Council
16 (1) The business of the College shall be managed by the Council who may exercise all such powers of the College and do on behalf of the College all such acts as may be exercised and done by the College, and as are not by law or by the Supplemental Charter or the By-Laws required to be exercised or done by the College in General Meeting.

(2) The members for the time being of the Council may act notwithstanding any vacancy in their body, provided always that in case the members of the Council shall at any time be or be reduced in number to less than the minimum number prescribed by or in accordance with these By-Laws as the quorum for meetings of the Council, it shall be lawful for them to act as the Council for the purpose of admitting persons to membership of the College, filling up vacancies in their body, or of summoning a General Meeting, but not for any other purpose.

17 The Council shall consist of:
(a) the Honorary Officers ex-officio;

(b) ten elected Members of the Council, who shall be elected from among the Fellows of the College in accordance with the procedures and for the term of office prescribed by the Regulations. Five elected Members shall be on the electoral roll of the Faculty of Clinical Radiology and five on the electoral roll of the Faculty of Clinical Oncology;

(c) not more than four members (who may, but need not be, members of the College) who may be co-opted by the Council in accordance with the Regulations.

18 The elected Members of the Council shall assume office at the conclusion of the Annual General Meeting following their election.

19 The Regulations shall prescribe the procedure for filling casual vacancies among elected Members of the Council during the College year and the events in which elected Members of the Council shall cease to hold office. The College in General Meeting shall have power to remove any elected Member of the Council at any time and appoint in his stead another Fellow of the College from the same Faculty who shall retire from office when the removed elected Member would have retired.

20 Routine meetings of the Council shall be held as prescribed by the Regulations. Special meetings of Council may be called on the direction of the President or on the written request to the Registrar of the College of six members of the Council specifying the business to be dealt with at such special meetings.

21 At meetings of the Council ten shall form a quorum. The conduct of the proceedings at meetings of the Council shall be governed by the Regulations.

22 The Council may appoint such committees and sub-committees in such manner and on such terms and having such powers and duties as may be decided by the Council. The convening and conduct of the proceedings of such committees and sub-committees shall be governed as nearly as may be to the manner prescribed herein and in the Regulations in respect of meetings of the Council.

23 The Council shall delegate the powers of administration of sectional interests to the Faculties; provided that such delegation or the acts done or omitted thereunder shall not be inconsistent with the objects of the College as stated in the Supplemental Charter and shall be in accordance with College policy as laid down by the Council.

24 The minutes of all meetings of the governing bodies of the Faculties and their committees and the general activities of the Faculties shall be reported to the Council at such intervals as it shall require.

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25. Faculties
There shall be such Faculties of the College as the Council shall constitute including the Faculty of Clinical Radiology and the Faculty of Clinical Oncology. Each Faculty shall have such status and privileges as may be prescribed by the Regulations or from time to time decided by the Council. Each Faculty shall comprise those members on the roll of that Faculty and each member of the College shall be on the roll of one Faculty, subject to the provisions of the Regulations.

26 There shall be a governing body of each Faculty whose function shall be to manage the affairs of that Faculty and to be responsible for the implementation of the policy of the Council as it appertains to that Faculty and otherwise as prescribed in the Regulations.

27 The membership of the governing body of each Faculty, including elected or appointed members, and the convening and conduct of the proceedings of the governing body shall be in accordance with the Regulations.

28 Subject to the provisions of the Regulations, the governing body of each Faculty may constitute such committees as it deems appropriate. The membership (elected or appointed), convening and conduct of the proceedings of such committees shall be in accordance with the Regulations.

29 There shall be such Intercollegiate Faculties as the Council may constitute with other Medical Royal Colleges and their Faculties. The status, privileges, functions, governance and membership of such Intercollegiate Faculties shall be as prescribed by the Regulations or from time to time decided by the Council.

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30. Diplomas and Certificates
The Council may grant Diplomas and Certificates to successful candidates in such examinations as shall be prescribed and held in accordance with the Regulations. These Diplomas shall include the Diploma in Dental and Maxillofacial Radiology (previously the Diploma in Dental Radiology), in respect of which the postnominal abbreviation ‘DDMFR’ may be used, and the Diploma in Medical Radiotherapy and Oncology, in respect of which the postnominal abbreviation ‘DMRT’ may be used. The Council shall continue to recognise the holders of the former Diploma in Dental Radiology as if there had been no change. The Council may elect Honorary Diplomates in such manner as may be prescribed by the Regulations. Honorary Diplomates may use the respective postnominal abbreviation for the diploma preceded by ‘Hon’.

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31. Finance
(1) The Council shall annually prepare a Balance Sheet and an Income and Expenditure Account of the College for the previous financial year of the College, and a Report on the general state of proceedings of the College for the past year to be presented to the Annual General Meeting. Such Balance Sheet and Accounts shall be audited by an Auditor or Auditors who shall hold the qualifications set out in Section 389 of the Companies Act 1985 or any enactment amending or replacing it, and a copy of the same as audited and also a copy of such Report shall be sent to every member not less than twenty-one days before the said Meeting.

(2) The Council may fill any casual vacancy in the office of Auditor but such person shall hold office only until the next Annual General Meeting, when he shall retire but be eligible for re-election.

(3) The Council shall have power to pay the out-of-pocket expenses properly incurred by members of the Council or of the governing body of any Faculty or of any committee or sub-committee thereof in connection with their attendance at meetings or otherwise upon the business of the College.

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32. Notices
A notice may be served by the College upon any member either personally or by sending it through the post or by any means of telecommunication in permanent written form or (in the case of a general notice to the membership) by inserting it in a College journal sent to members, addressed to such member at the last address notified by him to the College.

33 Notices served by post shall be deemed to have been served on the third day after posting and notices served by an appropriate means of telecommunication on the next following day. In proving the giving of a notice, it shall be sufficient to prove that the notice was left, or that the envelope containing the notice was properly addressed and posted, or that the notice was sent by the appropriate means of telecommunication to the correct address and despatch of the transmission was confirmed and/or acknowledged, as the case may be.

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34. Regulations
The Council may of its own motion make, and from time to time add to, amend, or revoke Regulations for any purpose not inconsistent with the Supplemental Charter and the By-Laws, but such Regulations as made, added to or amended and such revocation shall not come into effect until sanctioned by the College in General Meeting.

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35. The Seal
The Council shall provide for the safe custody of the seal of the College. The seal shall not be used except with the authority of the Council or a committee of the Council and in the presence of at least two members of the Council, both of whom shall sign the instrument to which the seal is affixed, and every such instrument shall be countersigned by an officer of the College appointed for the purpose by the Council.

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36. Validity of Acts
All acts bona fide done by any meeting of the Council or of the governing body of any Faculty or of any committee or sub-committee thereof or by any person acting as a member of the Council or of the governing body of any Faculty or of any such committee or sub-committee shall, notwithstanding it be afterwards discovered that there was some defect in the appointment, election or continuance in office of any such member or person acting as aforesaid or that he was disqualified, be as valid as if every such person had been duly appointed or elected or had duly continued in office and was qualified to be a member of the Council or of the governing body of any Faculty or of any such committee or sub-committee, as the case may be.

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37. Indemnity
In the execution of the trusts of the College no member of the Council shall be liable for any loss to the assets of the College arising from:

(a) any investment properly made in good faith;

(b) the negligence or fraud of any agent or employee engaged or employed by the Council in good faith;

(c) any mistake or omission made in good faith by any member of the Council; or

(d) any other matter except wilful and individual fraud, wrongdoing or wrongful omission on the part of the member of the Council sought to be made liable.

By-Laws updated as approved by the Privy Council 19.12.16

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