S.I. No. 60/1972 - Health Board (Election of Members) Regulations, 1972.

S.I. No. 60 of 1972.

HEALTH BOARD (ELECTION OF MEMBERS) REGULATIONS, 1972.

The Minister for Health, in exercise of the powers conferred on him by Rule 5 of the Second Schedule to the Health Act, 1970 (No. 1 of 1970) hereby makes the following Regulations:

1 Citation.

1. These Regulations may be cited as the Health Boards (Election of Members) Regulations, 1972.

2 Definitions.

2. In these Regulations—

"The Act" means the Health Act, 1970 ;

"election year" means, as respects the first elections held in accordance with these Regulations, the year 1972 and, as respects subsequent elections, the year in which members elected in accordance with these Regulations complete their terms of office;

"registered dentist" means a dentist registered in the register of dentists maintained by the Dental Board;

"registered medical practitioner" means a medical practitioner registered in the register of medical practitioners maintained by the Medical Registration Council, other than a person provisionally registered under section 7 of the Medical Practitioners Act, 1951 (No. 29 of 1951), or temporarily registered under section 3 of the Medical Practitioners Act, 1955 (No. 1 of 1955);

"registered nurse" means a nurse registered in the register of nurses maintatined by An Bord Altranais;

"registered psychiatric nurse" means a nurse registered in the psychiatric division of the register of nurses maintained by An Bord Altranais;

"registered pharmaceutical chemist" means a pharmaceutical chemist registered in the register of pharmaceutical chemists maintained by the Pharmaceutical Society of Ireland.

"registered dispensing chemist and druggist" means a dispensing chemist and druggist registered in the register of dispensing chemists and druggists maintained by the Pharmaceutical Society of Ireland.

3 Conduct of Elections.

3. Elections for the purposes of section 4 (2) (a) (ii) of the Act of registered medical practitioners, registered dentists, registered nurses (other than registerd psychiatric nurses), registered psychiatric nurses and registered pharmaceutical chemists or registered dispensing chemists and druggists (as specified in the Health Boards Regulations, 1970 ( S.I. No. 170 of 1970 )) shall be conducted in accordance with these Regulations.

4 Term of office of members.

4. (1) The persons first elected under these Regulations shall take office on the 1st day of July, 1972.

(2) The term of office of a person elected under these Regulations shall be five years.

5 Returning Officer.

5. (1) The chief executive officer of a health board shall be the returning officer as respects that board for an election under these Regulations.

(2) The chief executive officer shall, after consultation with the chairman of the health board, (or in his absence, the vice-chairman) appoint a person to act as deputy returning officer for an election under these Regulations.

(3) Any reference in these Regulations to a returning officer shall, except where the context otherwise requires, be construed as including a reference to a deputy returning officer.

(4) The expenses of a returning officer in conducting an election under these Regulations shall be defrayed by the health board.

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

6 Electoral Roll.

6. (1) In every election year, the returning officer as respects a health board shall, in accordance with this article, compile an electoral roll for registered medical practitioners and an electoral roll for each of the other professions mentioned in article 3.

(2) Not later than the 1st day of March in every election year there shall be published, on behalf of the returning officer, in one or more daily newspapers circulating in the State and on a date or dates as near as may be to the 1st day of March, in such other publications which he considers appropriate, a statement to the effect that any medical practitioner, or any person in any of the other professions mentioned in article 3, desiring to nominate for or take part in any election in that election year is to apply to the returning officer in the form set out in the First Schedule to these Regulations to have his name entered on the appropriate electoral roll for that election.

(3) All applications for inclusion in an electoral roll which are received on or before a date fixed by the returning officer which shall be not less than forty-two days after the 1st day of March in the election year shall be considered by the returning officer and the names of all applicants qualified for inclusion shall be included on the roll.

(4) A person practising in the functional area of two or more health boards shall be entitled to have his name included only in the electoral roll for such one of those boards as he selects.

(5) A registered medical practitioner or a person in any of the other professions mentioned in article 3 may, after the compilation of the electoral rolls, inspect during office hours the relevant electoral roll at the offices of the heath board.

7 Qualifications of candidates and voters.

7. (1) To be eigible for election a person shall be registered medical practitioner or a member of one of the other professions mentioned in article 3 who, on the day preceding the last day for receiving nominations appointed under article 8 (3), is practisig his profession in the functional area of the health board.

(2) To be entitled to nominate for or take part in an election, a person shall, on the day immediately preceding the last day for entry on the electoral roll, be a person who is practising his profession in the functional area of the health board and whose name is on the electoral roll for that profession established under article 6 of these Regulations.

8 Nominations.

8. (1) Not later than 15th day of April in every election year, there shall be published, on behalf of the returning officer, public notice of—

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

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

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

(2) The public notice shall be in the form set out in the Second Schedule to these Regulations or be in a form to the like effect and shall be published in one or more daily newspapers circulating in the State and, on a date or dates as near as may be to 15th day of April, in such other publications as the returning officer considers appropriate.

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

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

(5) A candidate for election to the board shall be nominated in writing and such writing shall be subscribed by not less than three persons having the prescribed qualifications for nominating the candidate, and shall, together with a completed consent form in the form set out in the Fourth Schedule to these Regulations, be delivered by the candidate in person or by post so as to reach the returning officer at any time between the date the public notice of the election is published pursuant to article 8 of these Regulations and the expiration of the time for receiving nominations.

(6) Each candidate shall be nominated by a separate nomination paper, and any elector having the prescribed qualifications may subscribe as many nomination papers as he may desire.

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

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

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

9 Death of Candidate.

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

10 Election of Members.

10. (1) If in respect of registered medical practitioners or of any of the other professions mentioned in article 3, the number of duly nominated candidates does not exceed the number of persons to be elected in the particular category, the returning officer shall, subject to compliance with the provisions of articles 4 (4), 5 (4), 6 (4), 7 (4), 8 (4), 9 (4), 10 (4), and 11 (4) of the Health Boards Regulations, 1970 (which require that registered medical practitioners in particular classes be appointed) forthwith declare such candidate or candidates to be elected.

(2) If, in an election of registered medical practitioners, the number of persons nominated who are in any of the classes of registered medical practitioners referred to in articles 4 (4), 5 (4), 6 (4), 7 (4), 8 (4), 9 (4), 10 (4), or 11 (4) of the Health Boards Regulations, 1970, does not exceed the relevant number for that class specified in those Regulations, the returning officer shall forthwith declare such candidate or candidates to be elected and shall proceed to take a poll in respect of the remaining classes.

(3) If, in respect of registered medical practitioners or of any of the other professions mentioned in Article 3, regard having been had to the provisions of sub-article (2), the number of duly nominated candidates exceeds the number to be elected, a poll shall be taken by the returning officer in the following manner:

(a) The returning officer shall cause to be prepared:—

(i) ballot papers;

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

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

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

(b) There shall be not more than five separate ballot papers as follows:

(i) a ballot paper for the election of registered medical practitioners;

(ii) a ballot paper for the election of a registered dentist;

(iii) a ballot paper for the election of a registered nurse (other than registered psychiatric nurses);

(iv) a ballot paper for the election of a registered psychiatric nurse;

(v) a ballot paper for the election of a registered pharmaceutical chemist or a registered dispensing chemist and druggist.

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

(d) The returning officer shall fix the day and hour on and at which the period during which he may receive votes shall expire, and such day shall be not less than twenty-four or more than thirty-three days after the expiration of the time for receiving nominations.

(e) The returning officer shall arrange for the marking of the ballot paper envelope on the top left hand corner "Election—Medical Practitioners" or"Election—Dentist" or "Election—Nurse" or "Election—Psychiatric Nurse"or "Election—Pharmacist" as may be appropriate.

(f) Not more than ten days after the expiration of the time for receiving nominations, the returning officer shall post to each elector to his address on the electoral roll a securely fastened covering envelope in which there shall have been placed a ballot paper containing the names of the nominated candidates for whom the elector is entitled to vote, an identification declaration form, a ballot paper envelope and a statement of the provisions of sub-article 4 (a) and 5(g).

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

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

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

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

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

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

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

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

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

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

(g) Any ballot paper

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

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

(iii) on which votes are given in excess of the number to which the voter is entitled

shall be invalid and not counted.

(6) In the election of registered medical practitioners, the returning officer shall ensure that the provisions of Articles 4 (4), 5 (4), 6 (4), 7 (4), 8 (4), 9 (4), 10 (4), and 11 (4) of the Health Boards Regulations, 1970, are complied with and subject to this the requisite number of candidates having the greatest number of votes shall be declared elected by the returning officer. If any equality of votes is found to exist between any candidates and the addition of a vote would entitle any such candidates to be declared elected, the returning officer shall determine by lot which of the candidates whose votes are equal shall be declared elected.

11 Powers of returning officer.

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

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

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

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

12 Notice of persons elected.

12. The returning officer shall forthwith give to every person elected written notice of his election, and shall furnish the health board and the Minister for Health with a list of the persons certified by him to have been duly elected, showing the number of votes cast for each of such persons.

FIRST SCHEDULE.

............................................................ ...............Health Board.

COMPILATION OF ELECTORAL ROLL FOR ELECTIONS FOR THE PURPOSES OF SECTION 4 (2) (a) (ii) OF THE HEALTH ACT, 1970 .

Returning Officer,

............................................................ ................Health Board.

Signature......................................................

Date........................................................

(BLOCK LETTERS)

Name (Surname first):

Practice Address:

Date of Registration (ii):

INSTRUCTIONS.

(i) Here insert the appropriate electoral roll e.g., "registered dentist", "registered medical practitioner", etc.

(ii) Here indicate the date of registration on the relevant professional register e.g., if a nurse, the date on which your name was entered on the register of nurses maintained by An Bórd Altranais. A married woman should give her full maiden name if she has not been registered in her married name.

FOR OFFICE USE ONLY.

SECOND SCHEDULE.

............................................................ ...Health Board.

NOTICE OF ELECTION TO THE BOARD OF MEMBERS BY PROFESSIONS.

NOTICE is hereby given that, for the purposes of section 4 (2) (a) (ii) of the Health Act, 1970 , elections to the above health board are about to be held of registered medical practitioners and of a registered dentist, a registered nurse (other than a registered psychiatric nurse), a registered psychiatric nurse, and a registered pharmaceutical chemist or registered dispensing chemist and druggist.

To be eligible for election a person must be a registered medical practitioner or a member of one of the other professions mentioned above and practising his profession in the functional area of the health board on the day proceeding the last day for receiving nominations, which is

In order to be entitled to nominate a person for election, a person must, on 14 April, 19, be practising his profession in the functional area of the health board and have his name entered on the electoral roll for that profession established under Article 6 of the Health Boards (Election of Members) Regulations, 1972.

The period during which the returning officer may receive nomination papers will expire at 1 p.m. on  . The returning officer will attend at between 10 a.m. and 1 p.m. on to receive nomination papers.

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

If the election is contested, the period during which votes may be received by the returning officer will expire atp.m. on

Returning Officer:

Date:

Address:

THIRD SCHEDULE.

............................................................ .......................... Health Board.

NOMINATION PAPER.

INSTRUCTIONS.

(i) Here insert profession, e.g., registered nurses.

(ii) Here insert the name of the register on which professionally registered e.g., register of nurses maintained by An Bórd Altranais.

(iii) Here insert candidate's name with the surname first. Please use block letters.

(iv) Here insert candidate's practice address.

(v) Here insert description of the candidate. If a registered medical practitioner is a consultant in a general hospital, a consultant psychiatrist, a general medical practitioner, or a medical practitioner with special knowledge or experience in preventive medicine, this should be stated.

FOURTH SCHEDULE.

............................................................ ........................Health Board.

FORM OF DECLARATION TO BE ISSUED WITH NOMINATION PAPERS FOR RETURN BY THE CANDIDATE NOMINATED.

I CONSENT to be nominated for election to

Health Board.

I DECLARE that the statements and the nomination papers with regard to my qualifications are correct.

Signature:

Date:

Practice Address:

FIFTH SCHEDULE.

............................................................ .........................................Health Board.

BALLOT PAPER—REGISTERED MEDICAL PRACTITIONERS.

Election of............................................................ ............registered medical practitioners.

............................................................ .............................. Health Board.

BALLOT PAPER—REGISTERED DENTISTS.

Election of 1 registered dentist:

NOTE: (The ballot papers for each of the other professions should be in a similar form).

SIXTH SCHEDULE.

............................................................ .....................Health Board

DECLARATION OF IDENTITY.

I, the undersigned hereby declare that I am the person entitled to receive the enclosed ballot paper, that I am a  (i) registered on the   (ii) whose name is entered on the electoral roll and that I have not marked any other ballot paper in this election.

Voter's signature:

Date:

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

Witness's signature:

Address: Occupation:

INSTRUCTIONS.

(i) Here insert the name of the profession of which you are a member.

(ii) Here insert the name of the register on which professionally registered e.g., register of nurses maintained by An Bord Altranais.

GIVEN under the Official Seal of the Minister for Health this

25th day of February, 1972.

ERSKINE CHILDERS,

Minister for Health.

EXPLANATORY NOTE.

These Regulations specify the term of office for which and the manner in which registered medical practitioners, registered dentists, registered nurses (other than registered psychiatric nurses), registered psychiatric nurses and registered pharmaceutical chemists or registered dispensing chemists and druggists are to be elected to health boards.