Inland Fisheries Act 2010

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Election of staff representative to IFI.

13.— (1) The Minister shall appoint to be a member of IFI an employee of IFI who is elected in accordance with this section.

(2) An election shall be held as soon as practicable after establishment day or such longer period as may be agreed between IFI and recognised trade unions or staff associations and in each fifth year thereafter.

(3) Subsections (4) to (17) apply for the purposes of an election.

(4) (a) The chief executive of IFI (or a person selected by him or her after consultation with representatives of recognised trade unions or staff associations) shall be the returning officer for each election of a staff member to IFI.

(b) The returning officer is not entitled to be nominated as, or to nominate, act as agent for or promote the interests of, a candidate at the election.

(c) The returning officer may authorise any person to exercise designated functions on his or her behalf and paragraph (b) applies to any such person.

(5) (a) A poll shall be conducted where there is more than one candidate.

(b) Voting shall be by secret ballot and on the basis of proportional representation by means of a single transferable vote.

(c) Presiding officers at the poll and polling clerks shall be appointed by the returning officer.

(d) An election shall be held in accordance with arrangements made by the returning officer.

(e) The returning officer shall be required to give due notice of these arrangements to the electorate and to designate premises as an election office.

(6) (a) The returning officer shall fix the nomination day and give notice of the election not later than 4 weeks before that day.

(b) The nomination day shall be not earlier than 4 weeks after the day on which eligibility of voters and candidates is determined in accordance with subsections (13) and (14), respectively.

(7) The returning officer may declare a candidate elected if the number of candidates standing duly nominated does not exceed one.

(8) If the nomination of candidates or any poll is interrupted or cannot be proceeded with, the returning officer may adjourn the nomination or poll for such period as he or she considers appropriate to enable him or her, on its expiration, to proceed with or complete the nomination or poll.

(9) On receipt of a notification from the returning officer of the name of the candidate elected or declared to be elected under subsection (7), the Minister shall, in accordance with this section, appoint the candidate as a member of IFI.

(10) The returning officer shall for the purposes of subsection (11) prepare a list of the names of the other candidates at the election placed in the order of the votes credited to each of them at the last count in which he or she was involved.

(11) In choosing a person to fill a casual vacancy under section 19 , the Minister shall select the candidate, if any, placed highest on the voting list under subsection (10) who is an employee of IFI at the time the vacancy comes to be filled. Where 2 or more such candidates are credited with an equal number of votes on that list the Minister shall select one of them by lot.

(12) IFI shall bear the cost of holding an election except costs incurred by candidates expressly on their own behalf.

(13) Every employee of IFI who, on the day specified by the returning officer and on the day on which the poll is taken—

(a) is not less than 18 years of age, and

(b) has been an employee of IFI for a continuous period of not less than one year,

shall be entitled to vote at an election.

(14) (a) Every employee of IFI who, on the day specified by the returning officer under subsection (13), is not less than 18 years of age and has been an employee of IFI for a continuous period of not less than 18 months, shall be eligible to be nominated as a candidate at the election.

(b) A candidate may be nominated by—

(i) a recognised trade union or staff association or jointly by 2 or more such bodies, or

(ii) a minimum of 10 eligible voters.

(c) Nominations shall be made in the manner specified by the returning officer.

(d) The returning officer shall rule on the validity of nominations and his or her decision shall be final.

(15) Prior service (for a continuous period ending on the relevant establishment day) with the Central Board or a regional board of staff transferred under section 49 to IFI on that day shall be reckonable as service with IFI for the purposes of subsections (13) and (14).

(16) The returning officer shall prepare and maintain a list of eligible voters and candidates.

(17) The returning officer shall prepare and maintain a list of recognised trade unions and staff associations for the purposes of this section.

(18) Without prejudice to the provisions of this Act as respects the term of office of members of IFI and their removal or disqualification from office, the term of office of a member of IFI who is appointed under subsection (1) and who is an employee of IFI shall terminate on his or her resigning or retiring from the employment of IFI or on his or her being dismissed from such employment.

(19) In this section “election” means an election held under this section for the appointment of an employee of IFI to be a member of IFI.