S.I. No. 197/1978 - The Medical Council (Election of Members) Regulations, 1978

S.I. No. 197 of 1978.

THE MEDICAL COUNCIL (ELECTION OF MEMBERS) REGULATIONS, 1978

The Minister for Health, in exercise of the powers conferred on him by sections 11 and 65 of the Medical Practitioners Act, 1978 (No. 4 of 1978) hereby makes the following regulations:—

1 Citation.

1. These Regulations may be cited as the Medical Council (Election of Members) Regulations, 1978.

2 Definitions.

2. In these Regulations—

(1) "The Act" means the Medical Practitioners Act, 1978 (No. 4 of 1978);

(2) "the Council" means the Medical Council established under the Act;

(3) "election year" means as respects the first elections held in accordance with these Regulations the year 1978 and as respects subsequent elections the year in which the term of office of the members elected in accordance with these Regulations expires; and

(4) "The Minister" means the Minister for Health.

3 Conduct of Elections.

3. Elections for the purposes of section 9 (1) (f) of the Act shall be conducted in accordance with these Regulations.

4 Date of appointment of persons elected to the first Council.

4. The persons elected at the first election of members to the Council shall take office on the date appointed by the Minister under section 12 of the Act for the first meeting of the Council.

5 Returning Officer.

5. (1) The expenses of a returning officer in conducting an election of members to the Council shall be defrayed by the Council.

(2) Subject to the provisions of these Regulations, the returning officer shall be responsible for the conduct of an election under these Regulations.

6 Nominations.

6. (1) Not later than four months before the expiration of the term of office of members of the Council, and in the case of the first meeting of the Council on such date or dates as may be decided by the returning officer, there shall be published, on behalf of the returning officer, in one or more daily newspapers circulating in the State, public notice of—

( a ) the day and hour (hereinafter referred to as the expiration of the time for receiving nominations) on and at which the period during which he may receive nomination papers will expire;

( b ) the day on which, the time during which and the place at which he will attend to receive nomination papers; and

( c ) (if a poll is taken) the day and hour on and at which the period during which he may receive votes will expire.

(2) The public notice shall be in the form set out in the First Schedule to these Regulations or be in a form to the like effect.

(3) The returning officer may arrange for the publication of the notice referred to in sub-article (1) in such other publications as he considers appropriate.

(4) The expiration of the time for receiving nominations shall be not less than twenty-one days and not more than thirty days after the first publication of the notice prescribed in sub-article (1).

(5) The returning officer shall on the last day for receiving nominations attend to receive nominations between the hours of 10 a.m. and 1 p.m. at the place appointed by him for receiving nomination papers. Every nomination paper delivered to the returning officer at any time before the commencement of the hours aforesaid may be delivered to the returning officer by post or in person and shall be retained by the returning officer and produced by him at the commencement of the hours aforesaid and shall for the purpose of these Regulations and all other purposes be deemed to have been delivered to him at the beginning of those hours.

(6) A candidate for election to the Council shall be a fully registered medical practitioner engaged in the practice of medicine in the State on the day preceding the last day for receiving nominations and shall be nominated in writing and such writing shall be subscribed by not less than ten other fully registered medical practitioners and shall, together with a completed consent form in the form set out in the Second Schedule to these Regulations, be delivered by the candidate in prson or by post so as to reach the returning officer at any time between the date the public notice is published pursuant to sub-article (1) and the expiration of the time for receiving nominations.

(7) Each candidate shall be nominated by a separate nomination paper and any elector may subscribe as many nomination papers as he may desire.

(8) Each candidate shall be described in the nomination paper in such manner as in the opinion of the returning officer is calculated sufficiently to identify such candidate. The surname of the candidate shall be placed first in the statement of his names and the description shall include the address at which he conducts the practice of medicine and his registered qualifications. The nomination shall be in the form set out in the Third Schedule to these Regulations or in a form to the like effect. A misnomer or inaccurate description of any person or place named in any nomination paper shall not invalidate such paper if in the opinion of the returning officer the misnomer or description of such person or place is such as to be commonly understood.

(9) No objection to a nomination paper on the ground of any description of the candidate therein not being sufficient or not being in compliance with these Regulations shall be allowed or deemed valid unless such objection is made by the returning officer himself or to the returning officer by some other person during the time for receiving nominations.

(10) A candidate may before the expiration of the time for receiving nominations but not afterwards withdraw from candidature by furnishing a notice to that effect, signed by such candidate, to the returning officer.

7 Death of Candidate.

7. If a candidate dies at any time between his nomination for election under these Regulations and the declaration of election of candidates by the returning officer, the nomination of that candidate shall be disregarded and any votes cast for that candidate shall also be disregarded.

8 Election of Members.

8. (1) If the number of duly nominated candidates does not exceed the number of persons to be elected, the returning officer shall, subject to compliance with the provisions of section 9 (1) (f) of the Act, forthwith declare such candidates to be elected.

(2) If the number of duly nominated candidates exceeds the number to be elected a poll shall be taken by the returning officer in the following manner:—

( a ) The returning officer shall cause to be prepared

(i) ballot papers;

(ii) identification declaration forms in the form set out in the Fourth Schedule to these Regulations;

(iii) interior envelopes in which the ballot paper is to be placed (hereinafter referred to as the ballot paper envelope);

(iv) envelopes in which the ballot paper envelope is to be placed with the identification declaration form (hereinafter referred to as the covering envelope).

( b ) Ballot papers shall be in the form set out in the Fifth Schedule to these Regulations or be in a form to like effect. Each ballot paper shall contain the names of candidates standing nominated and the description as shown in their respective nomination papers. The names shall be arranged alphabetically in the order of their surnames, or if there are two or more candidates bearing the same surname in the alphabetical order of their other names.

( c ) The returning officer shall fix the day and hour on and at which the period during which he may receive votes shall expire and such day shall not be less than forty or more than sixty-five days after the expiration of the time for receiving nominations.

( d ) Not more than ten days after the expiration of the time for receiving nominations, the returning officer shall post to each fully registered medical practitioner a securely fastened envelope in which there shall have been placed a ballot paper containing the names of the nominated candidates, an identification declaration form, a ballot paper envelope, a covering envelope and a statement of the provisions of sub-articles (3) (a) and (4) (g).

(3) ( a ) Each voter shall mark the ballot paper delivered to him with an X against the name or names of the person or persons (not exceeding the number of persons to be elected) for whom he desires to vote and shall place his ballot paper envelope and securely fasten the same. The voter shall sign the declaration printed on the identification declaration form, have it duly witnessed and signed by the witness, place it with the ballot paper envelope inside the covering envelope and send it by post or otherwise to the returning officer.

( b ) The returning officer shall provide a ballot box or ballot boxes for the reception of the covering envelopes when returned by the voters.

( c ) Every such ballot box shall be sealed with the seal of the returning officer in the presence of such candidates or agents as may be in attendance at the time fixed for the opening of the poll.

( d ) The returning officer shall give each candidate at least forty-eight hours notice in writing of the time and place at which he will proceed to count the votes. Any candidate or agent appointed in writing by such candidate may be present at the counting of the votes.

(4) ( a ) The returning officer, on the expiration of the time during which he may receive votes, shall cause the ballot boxes to be closed to prevent the introduction of further covering envelopes therein and at the time fixed for counting the votes shall open each ballot box, remove and open the covering envelopes and examine the identification declaration forms therein. If the identification declaration form is found to be valid the ballot paper envelope shall be opened, the ballot paper withdrawn, kept folded face inwards and placed in a special receptacle provided by him for ballot papers.

( b ) If the returning officer is not satisfied that the identification declaration form has been duly signed and the signature duly witnessed, he shall endorse the ballot paper envelope "Vote rejected" without opening such envelope.

( c ) Any ballot paper envelope not containing a ballot paper and any ballot paper not accompanied by an identification declaration form shall be marked "rejected".

( d ) The returning officer shall show any identification declaration form which he proposes to reject on the ground that it has not been properly signed and witnessed to the candidates or agents present and, if an objection is made by any candidate or agent to his decision, shall add to the endorsement the words "rejection objected to".

( e ) The returning officer shall keep all rejected identification declaration forms with the attached ballot paper envelopes or ballot papers, as the case may be, separate from other documents.

( f ) When all the ballot papers have been transferred to the special receptacle provided for them, they shall be examined and counted, and the number of valid votes given for each candidate ascertained.

( g ) Any ballot paper

(i) on which anything is written or marked by which the voter could be identified,

(ii) which is unmarked or so marked as to cause uncertainty as to the candidate for whom the voter desires to record a vote,

(iii) on which votes are given in excess of the number to which the voter is entitled, shall be invalid and not counted.

(5) The returning officer shall ensure that the provisions of section 9 (1) (f) of the Act are complied with and, subject thereto, the requisite number of candidates having the greatest number of votes shall be declared elected by the returning officer. If any equality of votes is found to exist between any candidates and the addition of a vote would entitle any such candidates to be declared elected, the returning officer shall determine by lot which of the candidates whose votes are equal shall be declared elected.

9 Powers of Returning Officer.

9. (1) Any question arising with regard to the validity of a nomination or ballot paper, or otherwise in connection with any election held under these Regulations shall be determined by the returning officer.

(2) The returning officer, for the purpose of determining the validity of a nomination for election, may require a candidate to give him such relevant information relating to his practice of medicine as the returning officer requires and may require him to furnish appropriate evidence in relation to any information so given.

(3) Failure by a candidate to give information requested under sub-article (2) or to provide evidence required for the purpose of that sub-article may be regarded by the returning officer as grounds for invalidating a nomination.

(4) No election held under these Regulations shall be invalidated by reason of any misdescription or non-compliance with the provisions of these Regulations or by reason of any miscount or of the non-delivery, loss or miscarriage in the course of post of any document required under these Regulations to be despatched by the post, if it appears to the returning officer that the election was conducted substantially in accordance with the provisions of these Regulations, and the result of such misdescription, non-compliance, miscount, non-delivery, loss or miscarriage did not substantially affect the result of the election.

10 Notice of Persons Elected.

10. The returning officer shall forthwith give to every person elected written notice of his election and shall furnish the Minister in the case of the first election and the Council in the case of subsequent elections with a list of the persons certified by him to have been duly elected, showing, if a poll is taken, the number of votes cast for each candidate.

FIRST SCHEDULE.

Notice of Election of Members to the Medical Council.

Notice is hereby given that, for the purpose of electing members to the Medical Council in accordance with the provisions of section 9 (1) (f) of the Medical Practitioners Act, 1978 , an election is about to be held.

To be eligible for election a person must be a fully registered medical practitioner engaged in the practice of medicine in the State on the day preceding the last day for receiving nominations. Nomination of a candidate shall be subscribed by ten other fully registered medical practitioners.

The period during which the returning officer may receive nomination papers will expire at 1 p.m. on ............................................................ ............................................................ .......

The returning officers will attend at ............................................................ ..........................

............................................................ ............................... between 10 a.m. and 1 p.m. on ............................................................ ................................. to receive nomination papers.

Nomination forms and other information as to the election may be obtained from the returning officer at ............................................................ ................................................

If a poll is taken, the period during which votes may be received by the returning officer will expire at .......... p.m. on ............................................................ ........................................

Returning Officer:

Date:

Address:

SECOND SCHEDULE

Election of Members to the Medical Council.

Form of Declaration to be issued with Nomination Papers

for return by the candidate nominated.

I CONSENT to be nominated for election to the Medical Council.

I DECLARE that the statements on the nomination papers with regard to my nomination as a candidate are correct.

Signature:

Date:

Practice Address:

THIRD SCHEDULE.

Election of Members to the Medical Council.

NOMINATION PAPER.

We, the undersigned, being fully registered medical practitioners, hereby nominate

(i) ............................................................ ............, a fully registered medical practitioner engaged in the practice of medicine in the State

(ii) at ............................................................ ........................................

(iii) and who is ............................................................ .........................

as a candidate for election to the Medical Council in accordance with the provisions of section 9 of the Medical Practitioners Act, 1978 .

Instructions

(i) Here insert the candidate's name, with the surname first and medical qualifications (Please use block letters)

(ii) Here insert the address at which the candidate is engaged in the practice of medicine in the State.

(iii) Here insert whichever one of the following descriptions applies:—

( a ) a consultant in a general hospital not being a consultant psychiatrist, or

( b ) a consultant psychiatrist, or

( c ) a medical practitioner engaged in community medicine, or

( d ) a medical practitioner engaged in hospital practice, other than as a consultant, or

( e ) a general practitioner, or

( f ) a medical practitioner not coming within the classes referred to at (a), (b), (c), (d), or (e).

FOURTH SCHEDULE.

Election of Members to the Medical Council.

Declaration of Identity.

I, the undersigned, hereby declare that I am the person entitled to receive the enclosed ballot paper, that I am a fully registered medical practitioner, and that I have not marked any other ballot paper in this election.

Voter's Signature:

Date:

The above named is personally known to me and has signed the above declaration in my presence.

Witness's Signature:

Address:

Occupation:

FIFTH SCHEDULE.

Election of Members to the Medical Council.

BALLOT PAPER.

Note: The Voter should mark X in first column opposite the names of not more than ...... candidates for whom he desires to vote.

GIVEN under the Official Seal of the Minister for

Health this 17th day of July, 1978.

CHARLES J. HAUGHEY,

Minister for Health.

EXPLANATORY NOTE.

These Regulations specify the term of office for which and the manner in which fully registered medical practitioners are to be elected as members of the Medical Council established under the Medical Practitioners Act, 1978 and prescribe the forms to be used in such elections.