S.I. No. 439/1985 - An Bord Altranais (First Election of Members) Rules, 1985.

S.I. No. 439 of 1985.

AN BORD ALTRANAIS (FIRST ELECTION OF MEMBERS) RULES, 1985.

The Minister for Health in exercise of the powers conferred on him by sections 11 and 55 of the Nurses Act, 1985 (No. 18 of 1985) hereby makes the following Rules:

1 Citation

1. These Rules may be cited as An Bord Altranais (First Election of Members) Rules, 1985.

2 Interpretation

2. In these Rules—

"the Act" means the Nurses Act, 1985 (No. 18 of 1985);

"the Board" means An Bord Altranais established under the Act;

"the Electoral Roll" means the roll of electors formed pursuant to the provisions of Rule 6;

"the former Board" means An Bord Altranais established under the Nurses Act, 1950 (No. 27 of 1950);

"the Minister" means the Minister for Health;

"the register" means the register of nurses maintained by the former Board pursuant to Section 41 of the Nurses Act, 1950 and "division of the register" has the meaning therein ascribed;

"registered nurse" means a person whose name is entered in the register and includes a midwife;

"registered nurse tutor", "registered clinical teacher", "registered general nurse", "registered psychiatric nurse", "registered midwife", "registered mental handicap nurse", "registered public health nurse" or "registered paediatric nurse" means a person whose name is entered in the relevant division of the register, which, in the case of paediatric nurses, is the sick children's division.

3 Conduct of Election

3. The first election for the purpose of Section 9 (1) (a), (b) and (c) of the Act shall be conducted in accordance with these Rules.

4 Returning Officer

4. (1) The Returning Officer shall be the Chief Executive Officer of the former Board

(2) The Returning Officer shall appoint a Deputy Returning Officer, not being a member of the former Board, to act for him in the event of his absence or inability to act, and the expression "Returning Officer" in these Rules includes the Deputy Returning Officer so acting.

(3) The reasonable expenses of the Returning Officer shall, with the approval of the Minister, in relation to the conduct of the election, be paid by the former Board and such expenses shall be recouped by the Minister to the former Board to such extent as he shall determine.

(4) Subject to the provisions of these Rules the Returning Officer shall be responsible for the conduct of the election and his decisions on all matters arising shall be final.

5 General Provisions as to Agents

5. (1) Each candidate for election may appoint an agent and the name of the person so appointed an agent shall be notified to the Returning Officer in writing by the candidate not less than fourteen days before the polling day.

(2) An agent whose appointment is notified to the Returning Officer under this Rule may be present on behalf of the candidate at the ruling on nominations, the sealing of the ballot box or ballot boxes and the counting of votes.

(3) The Returning Officer or any person employed by him for any purpose relating to the election shall not be a candidate or an agent of a candidate at the election or further the candidature of any candidate at the election.

(4) The Returning Officer shall not employ for any purpose relating to the election a person who, to his knowledge, is or has been a candidate or the agent of a candidate or who, to his knowledge, has furthered the candidature of a candidate.

6 Electoral Roll and Electoral Panels

6. (1) The Returning Officer shall cause to be formed a roll of electors containing the name, address and registration number(s) of every person who is registered in the register and who applied to have his or her name entered on the Electoral Roll for the purpose of participating in the election.

(2) The Electoral Roll shall be divided into five panels of electors as follows: each panel containing the name, address and registration number of every person on the Electoral Roll who qualifies to be entered on such panel:

PANELS OF ELECTORS

QUALIFICATIONS FOR ENTRY ON PANELS OF ELECTORS

PANEL A — (General)

persons whose names are entered in any division of the register other than the Psychiatric Nurses Division, the Midwives Division, the Mental Handicap Nurses Division and the Public Health Nurses Division and whose names are not entered on any other panel;

PANEL B — (Psychiatric)

persons whose names are entered in the Psychiatric Nurses Division of the register and whose names are not entered on any other panel;

PANEL C — (Midwifery)

persons whose names are entered in the Midwives Division of the register and whose names are not entered on any other panel;

PANEL D — (Mental Handicap)

persons whose names are entered in the Mental Handicap Nurses Division of the register and whose names are not entered on any other panels;

PANEL E — (Public Health)

persons whose names are entered in the Public Health Nurses Division of the register and whose names are not entered on any other panel.

(3) ( a ) A person whose name is entered in two or more divisions of the register shall, at the time of making application to have his or her name entered on the Electoral Roll, state in writing the panel on which such person desires to have his or her name entered.

( b ) No person whose name is entered in two or more divisions of the register shall be entitled to have his or her name entered on more than one panel of the Electoral Roll.

(4) Within seven days of being notified by the Minister of his appointment as Returning Officer, the Returning Officer shall cause to be published in not less than three national daily newspapers circulating in the State and in such professional journals or papers as he shall select a notice to the effect that any registered nurse desiring to take part in the forthcoming election should apply to the Returning Officer in writing to have his or her name entered on the Electoral Roll.

(5) The notice published in accordance with the preceding paragraph shall be in the form specified in the First Schedule.

(6) The closing date for receipt of applications should be not earlier than twenty-one days and not later than twenty-eight days following the date of first publication of the notice.

7 Number, category and qualifications of candidates to be elected by each panel of electors

7. (1) The number, category and qualifications of persons to be elected by each panel of electors shall be as follows:

PANELS OF ELECTORS

Category

PANEL A — (General)

Five persons shall be elected by the electors on PANEL A (General), of whom—

(i) one person shall be a registered nurse tutor or a registered clinical teacher who, during the twelve-month period immediately preceding the closing date for receipt of nominations, has been engaged in the training of student nurses in a hospital approved for the training of general nurses;

(ii) one person shall be a registered general nurse who, during the twelve-month period immediately preceding the closing date for receipt of nominations, has been engaged in nursing administration in a general hospital at the level of matron or equivalent;

(iii) one person shall be a registered general nurse who, during the twelve-month period immediately preceding the closing date for receipt of nominations, has been engaged in the clinical practice of general nursing at the level of ward sister or equivalent in a general hospital;

(iv) one person shall be a registered general nurse who, during the twelve-month period immediately preceding the closing date for receipt of nominations, has been engaged in the clinical practice of general nursing at a level below ward sister or equivalent in a general hospital;

(v) one person shall be a registered nurse tutor or a registered clinical teacher who, during the twelve-month period immediately preceding the closing date for receipt of nominations, has been engaged in the training of student nurses in a hospital approved for the training of paediatric nurses.

PANEL B — (Psychiatric)

Four persons shall be elected by the electors on PANEL B (Psychiatric) of whom—

(i) one person shall be a registered nurse tutor or a registered clinical teacher who, during the twelve-month period immediately preceding the closing date for receipt of nominations, has been engaged in the training of student nurses in a hospital approved for the training of psychiatric nurses;

(ii) one person shall be a registered psychiatric nurse who, during the twelve-month period immediately preceding the closing date for receipt of nominations, has been engaged in nursing administration in a psychiatric hospital at the level of matron or chief nursing officer or their equivalents;

(iii) one person shall be a registered psychiatric nurse who, during the twelve-month period immediately preceding the closing date for receipt of nominations, has been engaged in the clinical practice of psychiatric nursing at the level of ward sister or charge nurse or their equivalents in a psychiatric hospital or in a psychiatric unit in a general hospital or in the community;

(iv) one person shall be a registered psychiatric nurse who, during the twelve-month period immediately preceding the closing date for receipt of nominations, has been engaged in the clinical practice of psychiatric nursing below the level of ward sister or charge nurse or their equivalents in a psychiatric hospital or in a psychiatric unit in a general hospital or in the community.

PANEL C — (Midwifery)

Three persons shall be elected by the electors on PANEL C (Midwifery) of whom—

(i) one person shall be a registered nurse tutor or a registered clinical teacher who, during the twelve-month period immediately preceding the closing date for receipt of nominations, has been engaged in the training of student midwives in a hospital approved for the training of midwives;

(ii) one person shall be a registered midwife who, during the twelve-month period immediately preceding the closing date for receipt of nominations, has been engaged in nursing administration at the level of matron or equivalent in a maternity hospital;

(iii) one person shall be a registered midwife who, during the twelve-month period preceding the closing date for receipt of nominations, has been engaged in the clinical practice of midwifery at or below the level of ward sister or equivalent in a maternity hospital or in a maternity unit in a general hospital or in the community.

PANEL D — (Mental Handicap)

Three persons shall be elected by the electors on PANEL D (Mental Handicap) of whom—

(i) one person shall be a registered nurse tutor or a registered clinical teacher who, during the twelve-month period preceding the closing date for receipt of nominations, has been engaged in the training of student nurses in a centre approved for the training of mental handicap nurses;

(ii) one person shall be a registered mental handicap nurse who, during the twelve-month period immediately preceding the closing date for receipt of nominations, has been engaged in the nursing administration of a mental handicap centre at the level of matron or equivalent;

(iii) one person shall be a registered mental handicap nurse who, during the twelve-month period immediately preceding the closing date for receipt of nominations, has been engaged in clinical practice in the nursing of the mentally handicapped at or below the level of ward sister or equivalent in a mental handicap centre or in the community.

PANEL E — (Public Health)

Two persons shall be elected by the electors on PANEL E (Public Health) of whom—

(i) one person shall be a registered public health nurse who, during the twelve-month period immediately preceding the closing date for receipt of nominations, has been engaged in the administration of public health nursing services as a superintendent public health nurse;

(ii) one person shall be a registered public health nurse who, during the twelve-month period immediately preceding the closing date for receipt of nominations, has been engaged in the clinical practice of public health nursing at or below the level of senior public health nurse.

(2) For the purpose of this Rule a hospital or centre "approved for training" means a hospital or centre approved by the former Board for providing the three-year programme (or two-year programme in the case of midwifery) leading to registration in the appropriate division of the register.

8 Publication of notice of election and further information to electorate

8. (1) Within seven days following the closing date for receipt of applications from persons to have their names entered on the Electoral Roll, the Returning Officer shall publish notice of the election in not less than three national daily newspapers circulating in the State and also in such professional journals or papers as he shall select.

(2) In addition to publication of the notice at paragraph (1) above, the Returning Officer may take whatever steps he considers necessary to make the following information available to persons whose names have been entered on the Electoral Roll—

( a ) the qualifications and the experience required of candidates and the number of candidates who may be elected by each Panel of the Electoral Roll; and

( b ) the place at which nomination forms may be obtained; and

( c ) the address to which nomination papers are to be sent; and

( d ) the date and hour (hereinafter referred to as the expiration of the time for receiving nominations) on and at which the period during which the Returning Officer may receive nomination papers will expire; and

( e ) the date on which, the time during which and the place at which the Returning Officer will attend to receive nomination papers; and

( f ) in cases where a poll is taken, the date and hour on and at which the period during which the Returning Officer may receive completed ballot papers will expire and the date and hour on and at which the counting of votes will commence.

(3) The expiration of the time for receiving nominations shall be not less than twenty-one days and not more than twenty-eight days after the first date on which publication of the notice prescribed in paragraph (1) occurs.

9 Nomination of candidates

9. (1) A person shall not be nominated as a candidate at the election or have his or her nomination withdrawn without the consent of that person.

(2) A candidate for election shall be nominated in writing by way of a nomination paper in the form specified in the Second Schedule of these Rules, signed by not less than three registered nurses whose names are entered on the Panel of the Electoral Roll which includes the category for which the candidate is nominated. A duly completed nomination paper shall, together with a completed consent form in the form set out in the Third Schedule to these Rules, be receivable by the Returning Officer only within the period between the date the public notice is published pursuant to Rule 8 and the expiration of the time for receiving nominations.

(3) A person shall not be entitled to have his or her name entered on a ballot paper unless he or she has been duly nominated and the nomination has been ruled as being valid by the Returning Officer.

(4) Each candidate shall be nominated by a separate nomination paper and any elector may sign more than one nomination paper.

(5) 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 or her nursing practice as the Returning Officer requires and may require him or her to furnish appropriate evidence in relation to the information so given.

(6) Failure by a candidate to give information requested under paragraph (5) or to provide evidence required for the purpose of that paragraph may be regarded by the Returning Officer as grounds for ruling a nomination invalid.

10 Times for receiving completed nominations

10. The Returning Officer shall on the last date 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 shall be retained by the Returning Officer and produced by him at the commencement of the hours aforesaid and shall be deemed to have been delivered to him at the beginning of those hours.

11 Ruling on the validity of nomination papers

11. (1) The Returning Officer shall rule on the validity of the nomination papers received by him.

(2) A person proposed for nomination and the agent representing that person shall be entitled to attend while the validity of nominations at the election is being ruled on by the Returning Officer and no other person shall be entitled so to attend except with the permission of the Returning Officer.

(3) 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 names and the address in the State at which he or she resides and the address at which he or she practices shall be stated in the nomination paper.

(4) 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 description is sufficient to identify such person or place.

(5) 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 Rules shall be allowed or deemed valid unless such objection is made to the Returning Officer by a candidate or agent of a candidate during the time for receiving nominations.

(6) A candidate may before the expiration of the time for receiving nominations withdraw his or her candidature by giving to the Returning Officer a notice in writing to that effect, signed by the candidate.

12 Death of candidate

12. The death of a candidate standing nominated at the election shall not invalidate the nomination of such candidate or any preference recorded for him or her and, if such candidate is elected, his or her election shall not be invalidated by reason of his or her death, but such candidate shall be deemed to have vacated his or her membership of the Board on the day on which the newly elected members come into office and the vacancy shall be deemed to be a casual vacancy and shall be filled accordingly.

13 Publication of nominations

13. The Returning Officer shall, after he has ruled on the nomination papers, cause a notice to be displayed in the office of the former Board stating the names and descriptions of the candidates validly nominated at the election and the names of the persons by whom the candidates were nominated.

14 Election of members

14. (1) Where, at the expiration of the time for receiving nominations, in any category the number of duly nominated candidates does not exceed one, the Returning Officer shall thereupon declare such candidate to be elected.

(2) Where in any category the number of duly nominated candidates exceeds one, a poll shall be taken by the Returning Officer.

15 Date of Poll

15. The Returning Officer shall fix the date and hour on and at which the period during which he may receive votes shall expire and such date shall be not less than twenty-one days or more than twenty-eight days after the expiration of the time for receiving nominations.

16 Notice of poll

16. Whenever the Returning Officer is required to take a poll, he shall, as soon as is practicable and in such manner as he considers appropriate, give notice of the taking of the poll, the place and times for the counting of votes and any other particulars which he considers appropriate.

17 Ballot papers

17. (1) The Returning Officer shall prepare ballot papers for each category in which a poll is to be taken which shall be in the form set out in the Fourth Schedule to these Rules, setting out the names of the candidates alphabetically in the order of their surnames, or, if there are two or more candidates having the same surname, in the alphabetical order of their forenames.

(2) Not less than twenty-one and not more than twenty eight days after the expiration of the time for receiving nominations, the Returning Officer shall in respect of each poll send by post to every person entitled to vote in such poll:

— a ballot paper containing the names of the candidates duly nominated for the category which is the subject of the poll;

— a declaration of identity in the form set out in the Fifth Schedule to these Rules;

— a ballot paper envelope;

— a covering envelope;

— a statement of the provisions of Rule 19; and

— a statement of the closing date for receipt of completed ballot papers.

(3) Where a person is entitled to receive more than one ballot paper, the Returning Officer shall not post more than one declaration of identity and one covering envelope to each such person.

18 Ballot box

18. (1) The Returning Officer shall provide a ballot box Ballot box or ballot boxes for the reception of the covering envelopes returned by the voters.

(2) Every such ballot box shall be sealed by the Returning Officer at the time fixed for the opening of the poll.

(3) The Returning Officer, on the expiration of the time during which he may receive votes, shall close the ballot box or ballot boxes.

19 Procedure for voting

19. Each voter shall mark a ballot paper so as to indicate his or her first and any subsequent preferences against the names of the person or persons for whom he or she desires to vote and shall place the ballot paper(s) (folded face inwards) in the ballot paper envelope and securely fasten the same. The voter shall sign in the presence of a witness 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.

20 Time and place for the counting of votes

20. (1) The counting of votes shall commence on the expiry of the period during which the Returning Officer may receive completed ballot papers or at a time not later than forty-eight hours after such expiry, as may be fixed by the Returning Officer.

(2) The Returning Officer shall appoint a place at which the votes will be counted.

21 Attendance at the counting of votes

21. (1) At the counting of votes no person other than a candidate, the Returning Officer's assistants or the agents of candidates duly appointed under these rules may be present, except with the permission of the Returning Officer.

(2) The Returning Officer shall give candidates present all such reasonable facilities for observing the proceedings at the counting of the votes (including in particular facilities for satisfying themselves that the ballot papers are correctly sorted) and all such information with respect thereto as is consistent with the orderly conduct of the proceedings.

22 Preliminary proceedings

22. (1) The Returning Officer shall, at the time fixed for counting the votes, open the ballot box or ballot boxes, remove and open the covering envelopes and examine the identification declaration forms therein. Where the identification declaration form is found to be valid the ballot paper envelope shall be opened, the ballot paper(s) withdrawn, kept folded face inwards and placed in special receptacles provided by the Returning Officer for ballot papers.

(2) Where the Returning Officer is not satisfied that the identification declaration form has been duly witnessed, or where a ballot paper envelope is not accompanied by an identification declaration form, he shall endorse the ballot paper envelope "vote rejected" without opening such envelope.

(3) Any ballot paper envelope not containing a ballot paper shall be marked "rejected" by the Returning Officer.

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

(5) 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.

23 Times for the counting of votes

23. The Returning Officer shall, as far as is practicable at the election, proceed with the counting of the votes but excluding such hours as he shall decide. During the time which may be so excluded the Returning Officer shall take due precautions for the security of the ballot papers and other documents relating to the poll(s).

24 Conduct of the counting of votes

24. (1) The Returning Officer shall for each poll cause the ballot papers to be scrutinised for the purpose of discovering any papers liable to be rejected as invalid and shall, in accordance with the directions contained in the Sixth Schedule to these Rules, ascertain and record the number of votes given to each candidate at the election.

(2) In counting the votes for each poll the Returning Officer shall credit the candidates at the election with votes in accordance with the directions contained in the Sixth Schedule to these Rules.

25 Return of persons elected

25. The Returning Officer shall forthwith give to every person elected written notice of his or her election and shall furnish the Minister with a list of the persons certified by him to have been duly elected in each category.

26 Powers of returning officer

26. Any question arising with regard to the validity of a nomination or ballot paper, or otherwise in connection with the election held under these Rules, shall be determined by the Returning Officer.

27 General provision

27. (1) The election shall not be invalidated by reason of any misdescription or non-compliance with the provisions of these Rules 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 Rules to be despatched by post, if it appears to the Returning Officer that the election was conducted substantially in accordance with the provisions of these Rules, and the result of such misdescription, non-compliance, miscount, non-delivery, loss or miscarriage did not materially affect the result of the election.

(2) All voting papers received by the Returning Officer shall be retained by him for not less than twelve months after the completion of the election.

FIRST SCHEDULE

AN BORD ALTRANAIS

Notice of Formation of an Electoral Roll

Notice is hereby given that an Electoral roll of registered nurses is about to be formed for the purpose of participating in the first election of members to An Bord Altranais in accordance with Section 9 (1) ( a ), ( b ) and ( c ) of the Nurses Act, 1985 .

The Electoral Roll will be divided into five Panels of Electors. The Panels and the qualifications for entry to each are as follows:

PANEL OF ELECTORS

QUALIFICATIONS FOR ENTRY TO PANELS OF ELECTORS

Panel A — (General)

persons whose names are entered in any division of the register other than the Psychiatric Nurse Division, the Midwives Division, the Mental Handicap Nurses Division and the Public Health Nurses Division and whose names are not entered on any other panel;

Panel B — (Psychiatric)

persons whose names are entered in the Psychiatric Nurses Division of the register and whose names are not entered on any other panel;

Panel C — (Midwifery)

persons whose names are entered in the Midwives Division of the register and whose names are not entered on any other panel;

Panel D — (Mental Handicap)

persons whose names are entered in the Mental Handicap Nurses Division of the register and whose names are not entered on any other panel;

Panel E — (Public Health)

persons whose names are entered in the Public Health Nurses Division of the register and whose names are not entered on any other panel.

Any registered nurse who applies to have his or her name entered in the Electoral Roll must indicate the Panel on which his or her name is to be entered. A nurse who is registered in more than one division of the register is only entitled to have his or her name entered on one of the Panels described above.

SECOND SCHEDULE

ELECTION OF MEMBERS TO AN BORD ALTRANAIS

Nomination Paper

Note 1

In the space marked "(See Note 1)" the nominators must indicate the name of the relevant Panel of the Electoral Roll which should be—

A—General, (includes Divisions other than B, C, D and E) or

B—Psychiatric, or

C—Midwifery, or

D—Mental Handicap, or

E—Public Health.

Note 2

( a ) Where the relevant panel is A (General), the nominators must indicate in the space marked "(See Note 2)" the name of the category for which their candidate is being proposed, which should be—

Category (i) Teacher (General) or

Category (ii) Administrator or

Category (iii) Practising as Ward Sister, or

Category (iv) Practising below Ward Sister level, or

Category (v) Teacher (Paediatric Nursing)

( b ) Where the relevant panel is B (Psychiatric), the nominators must indicate in the space marked "(See Note 2)" the name of the category for which their candidate is being proposed which should be—

Category (i) Teacher, or

Category (ii) Administrator or

Category (iii) Practising as Ward Sister or Charge Nurse, or

Category (iv) Practising below Ward Sister/Charge Nurse level.

( c ) Where the relevant panel is C (Midwifery), the nominators must indicate in the space marked "(See note 2)" the name of the category for which their candidate is being proposed which should be—

Category (i) Teacher, or

Category (ii) Administrator or

Category (iii) Practising at or below Ward Sister level.

( d ) Where the relevant panel is D (Mental Handicap), the nominators must indicate in the space marked "(See Note 2)" the name of the category for which their candidate is being proposed which should be—

Category (i) Teacher, or

Category (ii) Administrator or

Category (iii) Practising at or below Ward Sister level.

( e ) Where the relevant panel is E (Public Health), the nominators must indicate in the space marked "(See Note 2)" the name of the category for which their candidate is being proposed, which should be either—

Category (i) Administrator (Superintendent Public Health Nurse), or

Category (ii) Practising as Senior Public Health Nurse or Public Health Nurse.

THIRD SCHEDULE

ELECTION OF MEMBERS TO AN BORD ALTRANAIS

Form of Consent

FOURTH SCHEDULE

ELECTION OF MEMBER TO AN BORD ALTRANAIS

Ballot Paper

Category

Instructions

1. Enter the figure "1" beside the candidate of your first choice, "2" beside your second choice and so on in order of preference against the name of the persons for whom you desire to vote.

2. Fold the ballot paper so as to conceal your vote and put it in the ballot paper envelope; then place the ballot paper envelope and declaration of identity duly signed and witnessed in covering envelope and send to Returning Officer.

FIFTH SCHEDULE

ELECTION OF MEMBERS TO AN BORD ALTRANAIS

Declaration of Identity

SIXTH SCHEDULE

ELECTION OF MEMBERS TO AN BORD ALTRANAIS

Counting Votes

Definitions

1. In this Schedule—

"continuing candidate" means any candidate not excluded; "count" includes—

( a ) all the operations involved in the counting of the first preferences recorded for candidates; and

( b ) all the operations involved in the transfer of the votes of an excluded candidate;

"determine by lot" means determine in accordance with the following directions, namely, the names of the candidates concerned having been written on similar slips of paper, and the slips having been folded so as to prevent identification and mixed and drawn at random, the candidate or candidates shall in cases of exclusion be excluded in the order in which their names are drawn;

"mark" means a figure, a word or a similar mark;

"non-transferable paper" means a ballot paper on which no second or subsequent preference is recorded for a continuing candidate; provided that a paper shall be deemed to have become a non-transferable paper whenever—

( a ) the names of two or more candidates (whether continuing candidates or not) are marked with marks which, in the opinion of the Returning Officer, indicate the same order of preference and are next in order of perference, or

( b ) the name of the candidate next in order of preference (whether a continuing candidate or not) is marked with a mark which, in the opinion of the Returning Officer, does not follow conclusively after some other mark on the ballot paper, or with two or more marks, or

( c ) it is void for uncertainty;

"original vote" in regard to any candidate means a vote derived from a ballot paper on which a first preference is recorded for that candidate;

"preference" shall be interpreted as follows—

( a ) "first preference" means any mark which, in the opinion of the Returning Officer, clearly indicates a first preference;

"second preference" means any mark which, in the opinion of the Returning Officer, clearly indicates a second preference standing in succession to a first preference;

"third preference" means any mark which, in the opinion of the Returning Officer, clearly indicates a third preference standing in succession to a second preference; and so on;

( b ) "next available preference" means a preference which, in the opinion of the Returning Officer, is a second or subsequent preference recorded in consecutive order for a continuing candidate, the preferences next in order on the ballot paper for candidates already excluded being ignored;

"transferable paper" means a ballot paper on which, following a first preference, a second or subsequent preference is recorded in consecutive numerical order for a continuing candidate;

"transferred vote" in regard to any candidate, means a vote derived from a ballot paper on which a second or subsequent preference is recorded for that candidate.

Invalid ballot papers

2. (1) Any ballot paper—

( a ) on which the figure 1 standing alone is not placed at all or is not so placed as to indicate a first preference for some candidate, or

( b ) on which the figure 1 standing alone indicating a first preference is set opposite the name of more than one candidate, or

( c ) on which anything is written or marked whereby the voter may be identified, or

( d ) which is unmarked or, if marked, is so marked as to cause uncertainty as to the identity of the candidate for whom the voter desires to record a first preference, or

( e ) on which anything extraneous to the purpose of the election is written or marked or which is in any way defiled or defaced by comment or mark,

shall be invalid and not counted, but the ballot paper shall not be invalid by reason only of carrying the words "one", "two", "three" (and so one) or any other mark which, in the opinion of the Returning Officer, clearly indicates a preference or preferences.

(2) The Returning Officer shall endorse "Rejected" on any ballot paper which under this section is not to be counted. The Returning Officer shall prepare a statement showing the number of ballot papers rejected by him under each of the sub-paragraphs (a), (b), (c), (d) and (e) of the preceding paragraph and shall, on request, allow any candidate or agent of a candidate to copy such statement.

First count

3. (1) The Returning Officer shall arrange the valid ballot papers in parcels according to the first preferences recorded for each candidate.

(2) The Returning Officer shall then count the number of ballot papers in each parcel and credit each candidate with a number of votes equal to the number of valid ballot papers on which a first preference has been recorded for such candidate and he shall ascertain the number of all valid ballot papers.

The quota

4. (1) The Returning Officer shall then divide the number of all valid ballot papers by two. The result increased by one, any fractional remainder being disregarded, shall be the number of votes sufficient to secure the election of a candidate. This number is referred to in this Schedule as "the quota".

(2) Where at the end of any count the number of votes credited to a candidate is equal to or greater than the quota, that candidate shall be declared elected.

Exclusion of candidate

5. (1) If at any time no candidate has reached the quota the Returning Officer shall exclude the candidate or candidates credited with the lowest number of votes and shall examine all the ballot papers of that candidate or candidates, and shall arrange the transferable ballot papers in sub-parcels according to the next available preferences recorded thereon for continuing candidates, and shall transfer each sub-parcel to the candidate for whom that preference is recorded and shall make a separate sub-parcel of the non-transferable ballot papers. The non-transferable ballot papers shall be set aside and not further taken into account and shall be labelled as non-transferable ballot papers not effective.

(2) Where the total of the votes of the two lowest candidates is less than the number of votes credited to the next highest candidate, the Returning Officer may in one operation exclude such two or more lowest candidates.

(3) If, when a candidate has to be excluded under this section, two or more candidates have each the same number of votes and are lowest, regard shall be had to the number of original votes credited to each of those candidates and the candidate with the smallest number of original votes shall be excluded and where the numbers of the original votes are equal, the Returning Officer shall determine by lot which shall be excluded.

Transfer of votes

6. Where a transfer of votes is made under section 5 of this schedule, each sub-parcel of papers transferred shall be placed on top of the parcel, if any, of papers of the candidate to whom the transfer is made, and that candidate shall be credited with a number of votes equal to the number of papers so transferred.

Filling of vacancy without reaching quota

7. Where there is only one continuing candidate after the other candidates have been excluded and that continuing candidate has not reached the quota he or she shall be declared elected without having reached the quota,

Recount

8. (1) Any candidate or agent may, at the conclusion of any count, request the Returning Officer to re-examine and recount all or any of the papers dealt with during that count and the Returning Officer shall forthwith re-examine and recount such papers accordingly. The Returning Officer may also at his discretion recount papers either once or more often in any case in which he is not satisfied as to the accuracy of any count; but nothing herein shall make it obligatory on the Returning Officer to recount the same parcel of papers more than once.

(2) The power under the foregoing paragraph of the Returning Officer to recount at his discretion papers in any case in which he is not satisfied as to the accuracy of any count shall extend to papers dealt with at an earlier count than the immediately preceding one.

(3) As respects each candidate, one request (and not more) may be made by a candidate or by his or her agent for a complete re-examination and recount of all parcels of ballot papers, and the Returning Officer shall forthwith re-examine and recount the parcels of ballot papers accordingly. Nothing in the foregoing provisions of this section shall make it obligatory on the Returning Officer to re-examine or recount the same parcel of papers more than once, but if an error is discovered is, in the opinion of the Returning Officer, a significant error likely to affect the result of the election, the Returning Officer shall count all the papers afresh from the point at which the error occurred.

(4) Where an error is discovered, the Returning Officer shall, where necessary, amend any results previously announced by him.

Declaration of the result of the poll

9. On the completion of the counting of the votes the Returning Officer shall determine and declare the result of the poll.

Decisions of returning Officers

10. The decision of the Returning Officer, whether expressed or implied by his acts, on any question which arises at a count in relation to the exclusion of any candidate under section 5 of this Schedule or to any ballot paper or transfer of votes shall be final.

GIVEN under the Official Seal of the Minister for Health this 30th day of

December, One Thousand Nine Hundred and Eighty-Five.

BARRY DESMOND,

Minister for Health.

EXPLANATORY NOTE.

These rules specify in respect of the first election, the manner in which registered nurses are to be elected as members of An Bord Altranais (The Nursing Board) established under the Nurses Act, 1985 and prescribe the forms to be used in the election. The rules also provide for the formation of an electoral roll of registered nurses for the purpose of participating in the election of members to the Board.