S.I. No. 924/2004 - Composition of Vocational Education Committee Regulations 2004

The Minister for Education and Science, in exercise of the powers conferred on him by section 8 (substituted by section 7 of the Vocational Education (Amendment) Act 2001 (No. 23 of 2001)) of the Vocational Education Act 1930 (No. 29 of 1930) (as adapted by the Education (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 430 of 1997 )) and after consultation with the Irish Vocational Education Association, the Minister for the Environment, Heritage and Local Government, national associations of parents and recognised trade unions and staff associations representing members of the staff of vocational education committees, hereby makes the following regulations:

Citation.

1.  These Regulations may be cited as the Composition of Vocational Education Committee Regulations 2004.

Interpretation.

2.  (1)  In these Regulations, except where the context otherwise requires—

“Act of 2001” means the Vocational Education (Amendment) Act 2001 (No. 23 of 2001);

“candidate” means a person ruled to be a candidate by a returning officer in accordance with Regulation 11;

“centre for education” has the meaning assigned to it by section 2 of the Education Act 1998 (No. 51 of 1998);

“deputy returning officer” means a deputy returning officer referred to in Regulation 4(2);

“election” means the election of members to a VEC under section 8(1)(c) or (d) or section 8(2)(b) or (c) of the Principal Act;

“elector” means a person whose name is entered on either of the electoral rolls;

“electoral roll” means, as appropriate, either the electoral roll of eligible staff members referred to in Regulation 6(7) or the electoral roll of eligible parents referred to in that Regulation;

“eligible parent” means a parent of a student who has not reached the age of 18 years and who is, on the date referred to in Regulation 6(2), registered as a student at a recognised school or centre for education established or maintained by the relevant VEC;

“eligible staff member” means a person who, on the date referred to in Regulation 6(2), is employed as a member of staff by the relevant VEC and whose remuneration in respect of that employment is paid by that VEC, and

“eligible staff members” shall be construed accordingly;

“nominee” means a person who has been nominated as a candidate in accordance with Regulation 9;

“notice of election” has the meaning assigned to it by Regulation 8;

“official mark” has the meaning assigned to it by Regulation 18;

“parent” has the meaning assigned to it by section 2 of the Education Act 1998 ;

“poll” means a ballot among electors on the roll of staff members or the roll of eligible parents (or both, as appropriate);

“Principal Act” means the Vocational Education Act 1930 (No. 29 of 1930) as amended;

“recognised school” has the meaning assigned to it by section 2 of the Education Act 1998 ;

“returning officer” means, subject to Regulation 4(7), the returning officer referred to in Regulation 4(1);

“school” has the meaning assigned to it by section 2 of the Education Act 1998 ;

“student” has the meaning assigned to it by section 2 of the Education Act 1998 ;

“VEC” means a vocational education committee, being a committee established by section 7 of the Principal Act.

(2)  In these Regulations—

(a)  a reference to a Regulation or Schedule is to a Regulation of or Schedule to these Regulations, unless it is indicated that reference to some other Regulation or Schedule is intended, and

(b)  a reference to a paragraph, subparagraph or clause is a reference to a paragraph, subparagraph or clause of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

Conduct of election.

3.  Each election held after these Regulations come into operation shall—

(a)  in the case of an election by eligible parents or eligible staff be conducted in accordance with the subsequent provisions of these Regulations.

(b)  in the case of any other election referred to in section 8 of the Principal Act, in accordance with such procedures as the council concerned determines but subject to Regulation 14.

Returning officer.

4.  (1)  The Minister shall appoint a returning officer for each election.

(2)  A returning officer may appoint, in writing, one or more than one person to be his or her deputy returning officer or officers for an election and may delegate to any such deputy any of the functions of the returning officer that may be specified in the appointment.

(3)  A returning officer may at any time revoke the appointment of a deputy returning officer appointed under paragraph (2).

(4)  A deputy returning officer shall have all the rights and be subject to all the duties and liabilities of a returning officer in relation to the functions for which he or she is appointed.

(5)  A returning officer, or any person employed by him or her for any purpose relating to an election, shall not be a candidate or an agent of a candidate at that election or be associated in furthering the candidature of any candidate at that election.

(6)  A returning officer shall not employ for any purpose relating to an election a person who to the knowledge of the returning officer—

(a)  is or has been a candidate in that election, or

(b)  has been an agent of, or has been associated in furthering the candidature of, a candidate at that election.

(7)  In these Regulations, any reference to a returning officer in relation to any act, matter or function for which a deputy returning officer is appointed by or under this Regulation shall, unless the context otherwise requires, be interpreted as a reference to the deputy returning officer.

(8)  The reasonable expenses of a returning officer (including the reasonable expenses of any deputy returning officer) in relation to the conduct of an election shall be defrayed by the relevant VEC.

(9)  On the request of a returning officer for an advance on account of his or her expenses relating to the conduct of the election, the VEC concerned may make an advance on such terms as it considers appropriate.

(10)  Subject to these Regulations, a returning officer is responsible for the conduct of the election and his or her decisions on all matters arising are final.

General provisions regarding agents.

5.  (1)  Each nominee for an election may appoint one or more agents and the name of each person so appointed shall be notified to the returning officer in writing by the nominee not less than 4 days before the expiry of the period referred to in Regulation 8(2)(f)(i).

(2)  An agent—

(a)  whose appointment is notified in writing to a returning officer in accordance with paragraph (1) may be present on behalf of the nominee at the ruling on nominations, the sealing of the ballot box or ballot boxes and the counting of votes for the election, and

(b)  shall, if so required, produce the written consent of the nominee to his or her appointment as their agent for inspection by the returning officer or by any person authorised to act on behalf of a returning officer.

Provisional electoral rolls.

6.  (1)  On his or her appointment, a returning officer shall cause to be prepared a provisional electoral roll containing the name and address of each eligible staff member and a provisional electoral roll containing the name and address of each eligible parent.

(2)  For the purpose of paragraph (1), the date on which eligible staff members and eligible parents shall be eligible for admission to the relevant provisional electoral roll shall be the date determined by the Minister.

(3)  On the date determined by the Minister in accordance with paragraph (2), the returning officer shall—

(a)  make the relevant provisional electoral roll available to the eligible staff members or eligible parents included thereon in such manner as the returning officer considers appropriate, and

(b)  cause to be made available in each school and centre for education maintained by the relevant VEC a notice to the effect that any eligible staff member and any eligible parent who wishes to take part in the relevant forthcoming election and whose name is not included on the relevant provisional electoral roll should apply in writing to the returning officer to have his or her name entered on the relevant provisional electoral roll.

(4)  The notice made available under paragraph (3)(b) shall be in the form specified in Schedule 1.

(5)  Applications under paragraph (3) must be received, after the date of the notice under paragraph (3)(b) is made available, not later than the date determined by the Minister in accordance with paragraph (2).

(6)  Not later than that latter date, the returning officer shall—

(a)  examine the applications received under paragraph (3)(b) to establish the eligibility of applicants, and

(b)  amend the relevant provisional electoral roll by entering the name of any eligible staff member or eligible parent whose name was not included on the appropriate roll.

(7)  The provisional electoral rolls as amended under paragraph (6) shall be known (as appropriate) as—

(a)  the electoral roll of eligible staff members, or

(b)  the electoral roll of eligible parents.

Electoral rolls.

7. (1) (a)   The electoral roll of eligible staff members shall contain the name and address of every eligible staff member who qualifies to be entered on that roll.

(b)   The electoral roll of eligible parents shall contain the name and address of every eligible parent who qualifies to be entered on that roll.

(2)  An elector may vote only for the candidates nominated for that election in respect of the electoral roll on which the elector is entered.

Publication of notice of election and further information to electorate.

8.  (1)  Not later than a date directed by the Minister, the returning officer shall give to each school and centre for education maintained by the relevant VEC notice of the election (in these Regulations referred to as the “notice of election”) to be held for that VEC.

(2)  In addition to the notice of election, the returning officer shall take whatever steps he or she considers necessary to make the following information available to electors:

(a)  the eligibility requirements for candidates;

(b)  the electoral rolls in respect of which the election will be held;

(c)  the number of candidates who may be elected to that VEC from each electoral roll in respect of which a poll is to be taken;

(d)  the place at which nomination papers may be obtained;

(e)  the address at which nomination papers are to be received by him or her;

(f)  the periods during which the returning officer will attend to—

(i)  receive, and

(ii)  rule on the validity of,

nomination papers, and the dates on which and the times at which those periods will commence and expire;

(g)  any other information which a returning officer may deem necessary for the conduct of the election.

(3)  The period referred to in clause (i) or (ii) of paragraph (2)(f) is such period as is determined by the Minister for the purposes of that clause.

Nomination of candidates.

9.  (1)  Subject to Regulation 12, a person shall not be nominated as a candidate for election or have his or her nomination withdrawn without his or her written consent.

(2)  (a)  A person shall be nominated as a candidate for election only by means of a nomination paper in the form set out—

(i)  in Schedule 2, in the case of a candidate for representative of parents, and

(ii)  in Schedule 3, in the case of a candidate for representative of members of staff.

(b)    The nomination paper shall be signed by not less than five electors whose names are entered on the relevant electoral roll for which the candidate is nominated and who have not signed the nomination papers of another nominee.

(3)  Each elector referred to in paragraph (2)(b) shall attend in person at the time of submission, in accordance with paragraph (4), of the nomination paper.

(4)  Each duly completed nomination paper shall not be submitted to and received by the returning officer otherwise than within the period specified in Regulation 8(2)(f)(i).

(5)  A nominee shall not be entitled to have his or her name entered on a ballot paper—

(a)  for more than one VEC, and

(b)  unless he or she has been duly nominated and the nomination has been ruled as being valid by the returning officer.

(6)  Each nominee shall be nominated on a separate nomination paper and an elector may not sign more than one nomination paper.

(7)  The returning officer may require a nominee to—

(a)  give to the returning officer in writing further information relating to his or her eligibility, and

(b)  furnish evidence in relation to that information.

(8)  If a returning officer does not receive the information or evidence requested under paragraph (7) by the expiry of the period referred to in Regulation 8(2)(f)(i), the returning officer may rule the nomination concerned invalid on the ground that the information or evidence was not so received.

Nominees, or agents, to attend submission of nominations.

10.  Each nominee, or his or her duly authorised agent, shall attend the submission, in accordance with Regulation 9, of the nomination paper relating to that nominee.

Ruling on validity of nomination papers.

11.  (1)  The returning officer shall rule on the validity of each nomination paper received by him or her as soon as practicable after the expiry of the period referred to in Regulation 8(2)(f)(i) and may rule that it is invalid where he or she considers that it—

(a)  has been completed incorrectly or is incomplete, or

(b)  is signed by less than 5 electors.

(2)  Each nomination paper received by the returning officer shall be endorsed by him or her in the order that it is received by the returning officer with a unique number and that number shall determine the order of receipt of valid nominations.

(3)  The nominee nominated by each nomination paper and the nominee's agent, if any, shall be entitled to attend, by prior arrangement with the returning officer, while the validity of the nomination paper concerned is being ruled on by the returning officer and no other person shall be entitled to attend except with the permission of the returning officer.

(4)  A misnomer or inaccurate description of any person or place named in any nomination paper shall not invalidate the nomination if, in the opinion of the returning officer, the description is sufficient to identify the person or place, and where this is the case, such description may be amended at the sole discretion of the returning officer.

(5)  The returning officer may, for the purpose of determining the validity of a nomination for election, take account of such objections to that nomination as he or she considers appropriate, and may require a nominee to—

(a)  give to the returning officer in writing further information relating to his or her eligibility, and

(b)  furnish evidence in relation to that information.

(6)  If a returning officer does not receive the information or evidence requested under paragraph (5) by the expiry of the period referred to in Regulation 8(2)(f)(i), the returning officer may rule the nomination concerned invalid on the ground that the information or evidence was not so received.

(7)  No objection to a nomination paper on the ground of any description of the candidate being insufficient or not being in compliance with these Regulations shall be allowed or deemed valid unless the objection is made to the returning officer by a nominee or the nominee's agent during the period referred to in Regulation 8(2)(f)(i).

(8)  A nominee or candidate may, before the expiry of the period referred to in Regulation 8(2)(f)(i) or within 48 hours thereafter, withdraw his or her nomination or candidature, as the case may be, by giving to the returning officer a written notice of withdrawal signed by the nominee or candidate.

Death of nominee or candidate.

12.  (1)  If at any time before the time that falls 48 hours after the expiry of the period referred to in Regulation 8(2)(f)(ii), a returning officer becomes satisfied that a nominee or candidate has died, the returning officer shall immediately deem the nomination or candidature of that nominee or candidate, as the case may be, to have been withdrawn.

(2)  The death of a nominee or candidate after the expiry of the period referred to in Regulation 8(2)(f)(ii) shall not, of itself, invalidate his or her nomination or candidature or any preference recorded for him or her and, if he or she is elected, his or her election shall not be invalidated by reason of his or her death, but the candidate shall be deemed to have vacated his or her membership of the relevant VEC 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.

Publication of nominations.

13.  (1)  The returning officer shall, as soon as practicable after ruling on the validity of nomination papers, cause a notice to be displayed in respect of each electoral roll, at the place at which the officer has received nominations, stating the name and address of each candidate validly nominated, and the names and addresses of the electors who nominated each candidate for the electoral roll for which the candidate was nominated.

(2)  The returning officer may, in addition to the means provided for in that regard by paragraph (1), also bring to the attention of electors by any other means that he or she considers appropriate the list of candidates validly nominated for the election.

Election of members.

14.  (1) (a)  Where, at the expiry of the period referred to in Regulation 8(2)(f)(ii), the number of duly nominated candidates for an electoral roll is equal to or less than the number of members to be elected for that electoral roll, the returning officer shall declare those candidates to be elected, and where the number of such nominated candidates is less than the number of such members the vacancy or vacancies among those members shall be dealt with as a casual vacancy or vacancies.

(b)  In the event of no nomination being made for an electoral roll, the filling of the resultant vacancies shall be dealt with as casual vacancies.

(2)  Where in respect of an electoral roll the number of duly nominated candidates exceeds the number of members to be elected for that electoral roll, a poll shall be taken by the returning officer.

(3)  Paragraph (4) applies save in circumstances where all of the members of the relevant county council or city council, as the case may be, and of the relevant town council are of the same sex.

(4) (a)  In the case of paragraphs (a) and (b) of section 8(1) of the Principal Act, the members of the county council or city council concerned, as the case may be, and of the town council concerned shall ensure that their election, pursuant to those paragraphs, of members of the VEC concerned results in the number of members so elected by them who are men and who are women is in the same proportion as the following proportion.

(b)  That proportion is the proportion which, at the date of the election, the number of the aggregate members who are men bears to the number of the aggregate members who are women.

(c)  For the purposes of the foregoing requirement of proportionality, any fraction of a member of the sex which has the lesser representation amongst the aggregate members shall be disregarded and, accordingly, a whole number of the members of that sex to be elected to the VEC concerned, pursuant to the provisions referred to in subparagraph (a), shall be achieved by rounding up the number concerned of that sex to the nearest whole number.

(d)  In subparagraph (b), “aggregate members” means the number of members obtained by adding the number of members of the county council or city council concerned, as the case may be, to the number of members of the town council concerned.

(5)  In the case of sections 8(1)(c) and 8(2)(b) of the Principal Act, the members elected by eligible parents in respect of the VEC concerned shall comprise one man and one woman.

(6)  In the case of sections 8(1)(d) and 8(2)(c) of the Principal Act, the members elected by eligible staff members in respect of the VEC concerned shall comprise one man and one woman.

(7)  Paragraph (8) applies save in circumstances where all of the members of the relevant county council are of the same sex.

(8)  In the case of paragraph (a) of section 8(2) of the Principal Act, the members of each county council referred to in that paragraph shall ensure that the election by the members of that county council, pursuant to that paragraph, of members of the VEC concerned results in the number of members so elected by them who are men and who are women is in the same proportion as the proportion which, at the date of the election, the number of the members of the county council who are men bears to the number of the members of the county council who are women.

(9)  For the purposes of the foregoing requirement of proportionality, any fraction of a member of the sex which has the lesser representation amongst the members of the county council concerned shall be disregarded and, accordingly, a whole number of the members of that sex to be elected to the VEC concerned, pursuant to the provisions referred to in paragraph (8), shall be achieved by rounding up the number concerned of that sex to the nearest whole number.

(10)  For the purposes of these Regulations, in the case of an election where the number of continuing candidates is equal to the number of vacancies remaining unfilled, the continuing candidates shall thereupon be deemed to be elected.

(11)  Where only one vacancy remains unfilled in the case of an election, and the votes of some one continuing candidate exceed the total of all the votes of the other continuing candidates together with any surplus not transferred, that candidate shall thereupon be deemed to be elected.

(12)  When the last vacancies can be filled under this Regulation no further transfer of votes shall be made.

(13)  In paragraphs (9) and (10) continuing candidate shall be construed in accordance with Schedule 5.

Date of poll.

15.  The period during which the returning officer may receive votes cast on a poll shall be determined by the Minister.

Notice of poll.

16.  Whenever the returning officer is required to take a poll, he or she shall, as soon as is practicable—

(a)  give, in such manner as he or she considers appropriate, notice of the taking of the poll, the date thereof, the manner in which votes may be cast and the period, as determined by the Minister, during which the votes may be received, the place and times for the counting of votes and any other particulars that he or she considers appropriate, and

(b)  cause to be published, by such other means as he or she considers appropriate, in schools and centres for education maintained by the relevant VEC notice of those matters.

Ballot papers.

17.  (1)  The returning officer shall prepare ballot papers, in the form set out in Schedule 4, for each electoral roll in respect of which a poll is to be taken, setting out the names of the candidates alphabetically in the order of their surnames, or, if there are 2 or more candidates having the same surname, in the alphabetical order of their forenames or, if their surnames and forenames are the same, in the order that shall be determined by lot by the returning officer.

(2)  The returning officer shall, after the expiry date of the period referred to in Regulation 8(2)(f)(ii), in respect of each poll send by post to every elector at his or her address or to such other address as the returning officer considers appropriate a polling card.

(3)  The returning officer shall prepare a statement in respect of each poll showing the total number of polling cards sent to electors in accordance with paragraph (2) in respect of each electoral roll.

The official mark.

18.  (1)  Every ballot paper shall be marked with an official mark (in these Regulations referred to as the “official mark”).

(2)  The returning officer shall ensure that the official mark is kept secret prior to the issue of the ballot papers.

Ballot box.

19.  (1)  The returning officer shall provide a ballot box or ballot boxes for the reception of the ballot papers returned by the electors.

(2)  Every ballot box referred to in paragraph (1) shall be sealed by the returning officer at the time fixed for the completion of the poll.

(3)  The returning officer shall, on expiry of the period determined by the Minister in accordance with Regulation 15, seal the ballot box or ballot boxes so that no further papers can be inserted and shall make provision for the safe custody of the said box or boxes.

Procedure for voting.

20.  (1)  Each elector 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 wishes to vote and shall place the ballot paper in the ballot box provided for that purpose.

(2)  If so requested by the returning officer, an elector shall provide to the returning officer proof of identity.

Time and place for the counting of votes.

21.  (1)  The counting of votes shall commence not later than 72 hours after the expiry of the period determined by the Minister in accordance with Regulation 15.

(2)  Each returning officer shall take due precautions for the security of the ballot papers and other documents relating to the polls in any intervening period.

(3)  The returning officer shall appoint a place at which the votes will be counted and shall give each candidate notice of the time and place at which he or she will proceed to open the ballot boxes.

Attendance at the opening of the ballot box or ballot boxes and the counting of votes.

22.  (1)  At the opening of the ballot box or ballot boxes and the counting of votes no person other than candidates, the returning officer, any deputy returning officer, the returning officer's assistants and the candidates' nominated agents may be present, except with the permission of the returning officer.

(2)  The returning officer shall give those present all such reasonable facilities for observing the proceedings at the opening of the ballot box or ballot boxes and the counting of votes and all information in that respect consistent with the orderly conduct of the proceedings and the performance of the returning officer's duties and functions.

Preliminary proceedings.

23.  (1)  The returning officer shall, at the time fixed for opening the ballot box or ballot boxes and the counting of votes—

(a)  decide the order in which ballot boxes are to be opened and the ballots counted, and that decision may include allowing simultaneous counting of votes for each electoral roll in respect of which a poll has been taken,

(b)  open the ballot box or ballot boxes,

(c)  remove the ballot papers from the box or boxes,

(d)  count and make a written note of the number of ballot papers so removed,

(2)  The returning officer shall, in respect of each electoral poll, keep a written note of the total number of—

(a)  valid ballot papers, and

(b)  invalid ballot papers.

Times for the counting of votes.

24.  (1)  The returning officer shall, as far as is practicable, proceed with the counting of the votes without interruption save for such periods of interruption in that counting as the returning officer, at his or her sole discretion, decides for the purposes of necessary rest and refreshment.

(2)  During any such periods of interruption the returning officer shall take due precautions for the security of the ballot papers and other documents relating to the poll.

Conduct of the counting of votes.

25.  (1)  A returning officer shall for each poll cause the ballot papers to be scrutinised for the purpose of discovering any papers liable to be determined by the returning officer as invalid and shall, in accordance with the provisions of Schedule 5, ascertain and record the number of votes given to each candidate.

(2)  In counting the votes for each poll the returning officer shall credit the candidates at the election with votes in accordance with the provisions of Schedule 5.

(3)  Candidates or their agents shall not handle ballot papers during the counting of votes.

Return of persons elected.

26.  The returning officer shall, as soon as practicable, give to every candidate elected written notice of his or her election and shall furnish the relevant local authority and the VEC with a list of the candidates certified by the returning officer to have been duly elected for each electoral roll.

Powers of returning officer.

27.  Any question arising with regard to the eligibility of an elector, nominee or candidate, the validity of a nomination or ballot paper, or otherwise in connection with the election, shall be determined by the returning officer.

General provision.

28.  (1)  The election shall not be invalidated by reason of any misdescription or non-compliance with these Regulations or by reason of any miscount or non-delivery, loss or otherwise of any document required under these Regulations, if it appears to the returning officer that the election was conducted substantially in accordance with these Regulations, and the result of such misdescription, non-compliance, miscount, non-delivery, loss or otherwise did not materially affect the result of the election.

(2)  All voting papers received by the returning officer shall be retained by him or her for not less than 12 months after the completion of the election.

Appointment of members to Vocational Education Committees

29.  (1)  The members appointed to a VEC under section 8(1)(e) and (2)(d) (substituted by section 7 of the 2001 Act) of the Principal Act shall in each case comprise two men and two women.

(2)  The appointment of members pursuant to paragraph (1) shall only take place at the next scheduled meeting of the relevant city or county council, following the holding of the meeting of that council referred to in paragraph (3), which is convened by that council and notified in writing to all persons entitled to attend.

(3)  That meeting is a consultation meeting held by the council concerned (after the most recent election of members to that authority pursuant to section 8(1)(a) or (2)(a), as appropriate, of the Principal Act) in compliance with the requirements of section 8(1)(e) and (2)(d) of the Principal Act.

(4)  A notification under paragraph (2) shall—

(a)  be issued at least 7 days in advance of the holding of such meeting, and

(b)  contain the names of those persons nominated for appointment and the names of, as appropriate, the bodies and persons who nominated them.

SCHEDULE 1

Notice of Formation of an Electoral Roll

Notice is hereby given that electoral rolls of eligible staff members and eligible parents are to be prepared for the purpose of participating in the election of members to the _____________ Vocational Education Committee in accordance with section 8 (substituted by section 7 of the Vocational Education (Amendment) Act 2001 ) of the Vocational Education Act 1930 .

For the purposes of preparing an eligible staff member electoral roll and an eligible parent electoral roll, provisional electoral rolls containing the names and addresses of every eligible staff member and the name and address of every eligible parent, on the date determined in accordance with Regulation 6(2) of the Composition of Vocational Education Committee Regulations 2004, have been prepared.

Details of all eligible staff members and eligible parents included on the said provisional electoral rolls have been issued to the individual schools and centres for education maintained by the VEC to which the staff and students of the parents concerned are attached.

Any eligible staff member and eligible parent whose name does not appear on the provisional electoral roll and who wishes to have his or her name entered on the electoral roll must complete the application form set out below and return it to:

The Returning Officer,

__________________VEC,

______________________,

______________________,

______________________.

(Address)

The closing date for receipt of applications is ___________________________________.

SCHEDULE 2

NOMINATION PAPER FOR ELECTION OF PARENTS REPRESENTATIVES AS MEMBERS TO ______________ VOCATIONAL EDUCATION COMMITTEE

1.  We, the undersigned (each being a parent of a student under 18 years who, on the date referred to in Regulation 6(2), is registered as a student at a recognised school or centre for education established or maintained by ______________ VEC), hereby nominate the person named hereunder as a candidate for election to ______________ VEC.

2.  We declare that-

(a)  we believe that the person named as a candidate is eligible for election, and

(b)  the candidate has consented to his or her nomination.

3.  List and signatures of Nominators

Date: ______________

SCHEDULE 3

NOMINATION PAPER FOR ELECTION OF STAFF REPRESENTATIVES AS MEMBERS TO ______________ VOCATIONAL EDUCATION COMMITTEE

1.  We, the undersigned, being members of staff of_____VEC hereby nominate the person named hereunder as a candidate for election to _________________ VEC.

2.  We declare that—

(a)  we believe that the person named as a candidate is eligible for election, and

(b)  the candidate has consented to his or her nomination.

3.  List and signatures of Nominators

Date: ______________

SCHEDULE 4

BALLOT PAPER FOR THE ELECTION OF MEMBERS TO THE VEC

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 or names of the persons for whom you wish to vote.

2.  Fold the ballot paper (face inwards) and place in the ballot box.

Ballot Paper No. ______________

SCHEDULE 5

ELECTION OF MEMBERS TO A VEC

RULES RELATING TO THE COUNTING OF VOTES IN ACCORDANCE WITH THE SINGLE TRANSFERRABLE VOTE SYSTEM.

Definitions.

1.  In this Schedule—

“continuing candidate” means any candidate not deemed elected and not excluded;

“count” includes—

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

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

(c)  all the operations involved in the transfer of the votes of 2 or more candidates excluded together.

(d)  all the operations involved in the distribution of surplus votes.

“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 in cases of exclusion—

(a)  shall be excluded in the order in which their names are drawn,

(b)  in cases of surpluses, the surpluses shall be transferred in the order in which the names are drawn, and

(c)  in cases of equality of fractions, the fraction relating to the candidate whose name is first drawn shall be deemed to be the largest;

“mark” means a figure, or word or a mark such as “X”;

“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 2 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 preference, 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 consecutively after some other mark on the ballot paper, or with 2 or more marks, or

(c)  it is void for uncertainty;

“original vote” in relation to any candidate, means a vote derived from a ballot paper on which a first preference is recorded for that candidate;

“preference” shall be read 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 deemed to be elected or excluded being disregarded;

“quota” has the meaning assigned to it by paragraph 4 of this Schedule;

“surplus” means the number of votes by which the total number of the votes, original and transferred, credited to any candidate, exceeds the quota;

“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 relation 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)  which does not bear the official mark,

(b)  on which the figure “1” standing alone, or the word “one” or any other mark which, in the opinion of the returning officer, clearly indicates a first preference, is not placed at all or is not so placed as to indicate a first preference for some candidate,

(c)  on which the figure “1” standing alone indicating a first preference, or the word “one” or any other mark which, in the opinion of the returning officer, clearly indicates a first preference, is set opposite the name of more than one candidate,

(d)  on which anything is written or marked which, in the opinion of the returning officer, is calculated to identify the elector,

(e)  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

(f)  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 on) or any other mark which, in the opinion of the returning officer, clearly indicates a preference or preferences.

(2)  (a)  The returning officer shall endorse “rejected” on any ballot paper which under this paragraph is not to be counted.

(b)  The returning officer shall prepare a statement showing the number of ballot papers rejected under subparagraph (1) and shall, on request, allow any candidate or candidate's agent to copy the 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 the candidate and the returning officer shall ascertain the number of all valid ballot papers.

The quota.

4.  (1)  The returning officer shall then divide the number of all valid papers by a number exceeding by one the number of members to be elected; the result increased by one, any fractional remainder being disregarded, shall be the number of votes sufficient to secure the election of a candidate and 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 deemed to be elected.

Transfer of surplus.

5.  (1)  Where at the end of any count the number of votes credited to a candidate is greater than the quota, the surplus shall be transferred in accordance with and subject to this paragraph to the continuing candidate or candidates indicated on the ballot papers in the parcel or sub-parcel of the candidate deemed to be elected according to the next available preferences recorded thereon.

(2)  Where the votes credited to a candidate deemed to be elected whose surplus is to be transferred consist of original votes only, the returning officer shall examine all the papers in the parcel of that candidate and shall arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon.

(3)  Where the votes credited to a candidate deemed to be elected whose surplus is to be transferred consist of original and transferred votes, or of transferred votes only, the returning officer shall examine the papers contained in the sub-parcel last received by that candidate and shall arrange the transferable papers therein in further sub-parcels according to the next available preference recorded thereon.

(4)  In either of the cases referred to in subparagraphs (2) and (3) the returning officer shall make a separate sub-parcel of the non-transferable papers and shall ascertain the number of papers in each sub-parcel of transferable papers and in the sub-parcel of non-transferable papers.

(5)  Where—

(a)  the surplus is equal to the total number of papers in the sub-parcels of transferable papers, the returning officer shall transfer each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voter's next available preference,

(b)  the surplus is greater than the total number of papers in the sub-parcels of transferable papers, the returning officer shall proceed as specified in clause (a) and shall in addition make a sub-parcel of a number of non-transferable papers equal to the difference between such total number and the surplus and set the papers therein aside as finally dealt with, such papers being described as non-transferable papers not effective, and the non-transferable papers, as the case may be, also arranged as a sub-parcel shall be placed with the papers of the candidate deemed to be elected.

(6)  Where the surplus is less than the total number of transferable papers the following apply:

(a)  the returning officer shall transfer from each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters' next available preference that number of papers which bears the same proportion to the number of papers in the sub-parcel as the surplus bears to the total number of transferable papers;

(b)  the number of papers to be transferred from each sub-parcel shall be ascertained by multiplying the number of papers in the sub-parcel by the surplus and dividing the result by the total number of transferable papers;

(c)  a note shall be made of the fractions (which may be expressed in decimal form), if any, in each quotient ascertained in respect of each candidate in accordance with clause (b) and if, owing to the existence of such fractions, the number of papers to be transferred is less than the surplus, so many of these fractions taken in the order their magnitude (beginning with largest) as are necessary to make the total number of papers to be transferred equal to the surplus shall be reckoned as of the value of unity and the remaining fractions shall be disregarded;

(d)  where 2 or more fractions are of equal magnitude, and it is not possible for the purposes of clause (c) to reckon all of those fractions as of the value of unity, that fraction shall be deemed to be the largest which arises from the largest sub-parcel, and if those sub-parcels are equal in size, that fraction shall be deemed to be the largest which relates to the candidate credited with the largest number of original votes. Where the numbers of those original votes are equal, regard shall be had to the total number of votes credited to those candidates at the first count at which they were credited with an unequal number of votes, and the fraction relating to the candidate credited with the greatest number of votes at that count shall be deemed to be largest. Where the numbers of votes credited to those candidates were equal at all counts the returning officer shall determine by lot which fraction shall be deemed to be the largest.

(7)  The papers to be transferred from each sub-parcel shall be those last filed in the sub-parcel, and each paper so transferred shall be marked to indicate the number of the count at which the transfer took place.

(8)  The returning officer need not necessarily transfer the surplus of a candidate deemed to be elected whenever that surplus, together with any other surplus not transferred, is less than both the difference between the quota and the number of votes credited to the highest continuing candidate and the difference between the numbers of the votes credited to the 2 lowest continuing candidates and either—

(a)  the number of votes credited to the lowest candidate is greater than one-quarter of the quota, or

(b)  the sum of the number of votes credited to the lowest candidate together with that surplus and any other surplus not transferred is not greater than one quarter of the quota.

(9)  Where at any time there are 2 or more surpluses which are to be transferred, the greater or greatest of such surpluses shall first be transferred and the remaining surplus or surpluses shall then, subject to subparagraph (8), be transferred in the order of their descending magnitude.

(10)  Where 2 or more candidates have each an equal surplus arising from the same count regard shall be had to the number of original votes credited to each candidate and the surplus of the candidate credited with the largest number of original votes shall be first dealt with. Where the numbers of such original votes are equal regard shall be had to the total number of votes credited to such candidates at the first count at which they had an unequal number of votes and the surplus of the candidate with the greatest number of votes at that count shall be first dealt with. Where the number of votes credited to such candidates were equal at all counts the returning officer shall determine by lot which surplus shall be dealt with.

(11)  Subject to subparagraphs (8) and (9), where 2 or more candidates have a surplus arising from different counts, a surplus which arises at the end of any count shall be transferred before a surplus which arises at a subsequent count.

Exclusion of candidate.

6.  (1)  If at any time no candidate has reached the quota the returning officer shall—

(a)  exclude the candidate or candidates credited with the lowest number of votes,

(b)  examine all the ballot papers of that candidate or candidates,

(c)  arrange the transferable ballot papers in sub-parcels according to the next available preferences recorded thereon for continuing candidates,

(d)  transfer each sub-parcel to the candidate for whom that preference is recorded, and

(e)  make a separate sub-parcel of the non-transferable ballot papers.

(2)  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.

(3)  Where the total of the votes of the 2 or more lowest candidates is less than the number of votes credited to the next highest candidate, the returning officer may in one operation exclude those 2 or more lowest candidates.

(4)  If, when a candidate has to be excluded under this paragraph, 2 or more candidates have each the same number of votes and are lowest, regard shall be had to the numbers of original votes credited to each of those candidates, and the candidate with the lowest number of original votes shall be excluded and where the number of the original votes are equal, regard shall be had to the total numbers of votes credited to those candidates at the first count at which they had an unequal number of votes and the candidate with the lowest number of votes at that count shall be excluded and, where the numbers of votes credited to those candidates were equal at all counts, the returning officer shall determine by lot which shall be excluded.

Transfer of votes.

7.  (1)  Where a transfer of votes is made under paragraph 5, 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 transferred to that candidate.

(2)  If, after any transfer, a candidate has a surplus, that surplus shall be dealt with in accordance with and subject to paragraph 5 before any other candidate is excluded.

Filling of vacancies.

8.  Where, for purposes of a poll, there is only one continuing candidate after the other candidates have been excluded for purposes of the poll, that continuing candidate shall be deemed to be elected.

Recount.

9.  (1)  Any candidate or candidate's agent present at the counting of votes 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, as soon as practicable, re-examine and recount the papers accordingly, without making any alterations in the arrangement of the papers in the various parcels, save where such alterations may be necessary in consequence of any error discovered in the recount.

(2)  The returning officer may also at his or her discretion recount papers either once or more often in any case in which he or she is not satisfied as to the accuracy of any count but nothing in this paragraph shall make it obligatory for the returning officer to recount the same parcel of papers more than once.

(3)  The power of the returning officer under subparagraphs (1) and (2) to recount at his or her discretion papers in any case in which he or she 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.

(4)  (a)  One request (and not more) may be made by each 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 as soon as practicable re-examine and recount the parcels of ballot papers accordingly.

(b)  In the re-examination and recount, the number or order of ballot papers in any parcel shall not be disturbed.

(c)  Nothing in this paragraph 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 which 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.

(d)  Nothing in this paragraph shall make it obligatory for the returning officer to comply with a request by a candidate that, in the opinion of the returning officer, is frivolous or vexatious.

(e)  A request under this subparagraph may be made only at the conclusion of a count.

(5)  Where an error is discovered, the returning officer shall, where necessary, amend any results previously announced by him or her.

Declaration of the result of the poll.

10.  On the completion of the counting of votes the returning officer shall determine and declare the results of the poll and the candidates deemed to be elected shall stand elected.

Decisions of returning officer.

11.  The decision of the returning officer, whether expressed or implied by his or her acts, on any question which arises at a count in relation to the exclusion of any candidate under paragraph 6 or to any ballot paper or transfer of votes is final.