Worker Participation (State Enterprises) Act, 1977

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Nomination and support of candidates.

11.—(1) At any time during the period or periods fixed by the returning officer pursuant to section 8 of this Act for the receiving of nominations at an election, any trade union or other body of persons which in relation to the election is a qualified body for the purposes of this section may, in accordance with subsection (2) of this section, propose for nomination as candidates at the election persons each of whom,

(a) is an employee of the designated body to which the election relates, and

(b) on the day which is as regards the election the stated day, is not less than eighteen or more than sixty-five years of age, and

(c) has on such day for a continuous period of not less than three years ending immediately before that day been an employee of the designated body to which the election relates.

(2) Subject to subsection (1) of this section, at an election a candidate may be proposed for nomination in accordance with regulations under section 9 (4) (d) of this Act by a qualified body or he may be jointly proposed for nomination in accordance with such regulations by two or more qualified bodies; provided that a qualified body shall not be entitled at the election both to nominate one or more candidates of its own accord and to nominate one or more candidates jointly with another qualified body or with other qualified bodies.

(3) A nomination at an election shall be made in writing and be in the prescribed form and be sent to the returning officer in the prescribed manner.

(4) When the period for receiving nominations at an election expires, the returning officer shall, as soon as may be, rule on the validity of each nomination received by him and if, but only if, he is satisfied that the person to whom the nomination relates is not qualified for nomination as a candidate at the election or that the nomination paper is not properly made out or subscribed, or that in relation to the person the proviso to subsection (2) of this section has been contravened by a qualified body, he shall rule that the nomination is invalid and his decision shall be final and shall not be appealable.

(5) (a) A qualified body, other than a qualified body by whom a candidate at an election is jointly or otherwise nominated, may, with the agreement of the qualified body or qualified bodies by whom the candidate is nominated, within the prescribed period and in the prescribed manner notify the returning officer that the body supports the candidate at the election.

(b) Where pursuant to this section the returning officer at an election is duly notified that a candidate is supported at the election by a qualified body, then, in case there is a poll at the election and subject to the candidate's having been duly nominated, the fact of such support shall be indicated in the prescribed manner on the relevant ballot papers.

(6) In relation to an election a trade union or any other body of persons shall be a qualified body for the purposes of this section if, but only if, the returning officer is satisfied that on the nomination day the trade union or other body is recognised for the purposes of collective bargaining negotiations by the designated body to which the election relates.

(7) Where at an election there is a dispute as to—

(a) whether or not a trade union or other body of persons is a qualified body in relation to the election,

(b) the number of candidates which under this section or regulations made under this Act a qualified body for the purposes of this section may propose at the election or which under this section or such regulations may be so proposed jointly by two or more qualified bodies,

the dispute shall be determined by the returning officer whose decision shall be final and shall not be appealable.

(8) Save where the context otherwise requires, in this section “qualified body” means a body of persons which is for the time being a qualified body for the purposes of this section.