S.I. No. 56/1927 - The Medical Registration Council Election Rules, 1927.

STATUTORY RULES AND ORDERS. 1927. No. 56.

THE MEDICAL REGISTRATION COUNCIL ELECTION RULES, 1927.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

THE MEDICAL PRACTITIONERS ACT, 1927 .

WHEREAS by sub-section (3) of section 3 of the Medical Practitioners Act, 1927 , it is provided amongst other things that of the members of the Medical Registration Council two, who shall be registered medical practitioners resident in Saorstát Eireann (in the said Act and in this Order referred to as direct representatives), shall be elected by the persons who are for the time being registered medical practitioners resident in Saorstát Eireann:

AND WHEREAS by sub-section (4) of section 11 and sub-section (2) of section 12 of the said Act it is provided that every election of direct representatives and every election to fill a casual vacancy caused by the death, resignation or disqualification of a direct representative or of a person elected to fill the place of a direct representative shall be conducted in accordance with the Rules set forth in the Third Schedule to the said Act and such other Rules (if any) not inconsistent therewith as the Minister for Local Government and Public Health shall think proper to make:

AND WHEREAS I, the Minister for Local Government and Public Health, think proper to make the rules hereinafter appearing:

NOW THEREFORE I, the Minister for Local Government and Public Health, in exercise of the powers vested in me as aforesaid, do hereby make the Rules set forth in the Schedule hereunto annexed for the conduct of an election of direct representatives to be members of the Medical Registration Council under section 11 of the Medical Practitioners Act, 1927 , and of an election to fill a casual vacancy in the membership of the said Council under section 12 of the said Act, caused by the death, resignation or disqualification of a direct representative or of a person elected under the said Act to fill the place of a direct representative.

Given under my Seal of Office, this twentieth day of July, in the Year of Our Lord One Thousand Nine Hundred and Twenty-seven.

(Signed) RISTEÁRD UA MAOLCHATHA,

Minister for Local Government and Public Health.

SCHEDULE REFERRED TO IN THE FOREGOING ORDER. THE MEDICAL PRACTITIONERS ACT, 1927 .

ADDITIONAL RULES FOR THE ELECTION OF DIRECT REPRESENTATIVES AND OF PERSONS TO FILL CASUAL VACANCIES.

1.—These rules may be cited as the Medical Registration Council Election Rules, 1927.

2.—The Interpretation Act, 1923 , applies to the interpretation of these rules in like manner as it applies to the interpretation of an Act of the Oireachtas.

3.—The returning officer shall within seven days after the date of his appointment give public notice of the last day on which he will receive nominations and of the day on which (if the election is contested) the votes will be counted, and of the time (not being less than two consecutive hours) and place during and at which he will attend to receive nominations on the last day for receiving nominations. Such public notice shall be given by an advertisement in such newspapers, or journals circulating in Saorstát Eireann as are, in the opinion of the returning officer, best calculated to afford information to persons entitled to vote at the election. The public notice shall be in the form set out in Form I. of the Schedule to these Rules or in a form to the like effect.

4.—The last day for receiving nominations shall be a day appointed by the returning officer not being earlier than seven days nor later than fourteen days after the day on which he gives public notice of the election, and the returning officer shall on that day attend at the place and during the hours specified in such public notice for the purpose of receiving nominations.

5.—Each candidate for election shall be nominated by a separate nomination paper and any registered medical practitioner resident in Saorstát Eireann may sign the nomination paper of any number of candidates not exceeding the number to be elected, but no more.

6.—The returning officer shall supply a nomination paper to any registered medical practitioner resident in Saorstát Eireann who may apply therefor not later than the expiration of the time appointed for receiving nominations. Where application is made for a nomination paper to be sent by post, the cost of the postage shall be prepaid by the applicant.

7.—Every nomination paper shall state the names, address where resident in Saorstát Eireann and the registered qualification or qualifications of the person nominated, and the surname shall come first in the statement of the names, and such nomination paper shall also state the addresses, and registered qualifications of the persons signing such paper as nominating such person. The nomination paper shall contain a declaration in writing signed by the person nominated acknowleding that such person consents to be nominated. The nomination paper shall be in the form set out in Form 2 of the Schedule to these Rules: provided always that nothing in these Rules shall render obligatory the use of a nomination paper supplied by the returning officer so long as the nomination paper used be in the form prescribed by these Rules or in a form to the like effect.

8.—Every nomination paper shall be delivered to the returning officer by post or otherwise at the place appointed by him therefor between such hours and on such day as he shall appoint or at any place at which he may be found at any time on any day before the day appointed by him as aforesaid. Every nomination paper which does not contain all the particulars required by such nomination paper or in respect of which any requirement of these Rules has not been complied with, shall be invalid.

9.—A person, duly nominated, may before the expiration of the time appointed for receiving nominations, but not afterwards, withdraw from his candidature by furnishing a notice in writing to that effect, signed by him, to the returning officer.

10.—If at the expiration of the time appointed for receiving nominations no more candidates stand nominated than the number of direct representatives to be elected the returning officer shall forthwith declare such candidates to be elected.

11.—If the number of candidates who stand nominated is greater than the number of direct representatives to be elected the returning officer shall, as soon as practicable thereafter, cause a voting paper and a declaration of identity to be sent, in accordance with these Rules, to each registered medical practitioner resident in Saorstát Eireann.

Each voting paper and declaration of identity shall be in the forms set out in Forms 3 and 4 of the Schedule to these Rules.

Each voting paper shall have a number printed on the back, and shall have attached a counterfoil with the same number printed on the face.

The voting paper shall contain a list of the candidates described as in their respective nomination papers and arranged alphabetically in the order of their surnames and (if there are two or more candidates of the same surname) of their other names, and shall be capable of being folded up.

12.—The returning officer shall cause to be prepared a list, to be known as the Voters List, containing the names, addresses, and registered qualifications of persons entitled to vote at the election and shall number consecutively the names appearing therein.

13.—The returning officer shall give notice to each candidate of the time and place at which he will issue voting papers.

14.—(1) As each voting paper is issued the number, name and qualifications of the person entitled to vote at the election as stated in the Voters List shall be called out, and such number shall be marked on the counterfoil, and a mark shall be placed in the Voters List opposite to such number of such person to denote that a voting paper has been issued, but without showing the particular voting paper issued.

(2) The returning officer shall enter or cause to be marked upon the form of declaration of identity the number of the voting paper.

(3) The returning officer shall place in an envelope addressed to the person entitled to vote at the election:—

(a) The voting paper;

(b) the form of declaration of identity;

(c) an envelope addressed to the returning officer (hereinafter referred to as a "covering envelope");

(d) a smaller envelope marked "voting paper envelope" bearing the number of the voting paper;

and shall effectually close such first mentioned envelope.

The above mentioned envelopes shall be in the forms set out in Form 5 of the Schedule to these Rules.

(4) All envelopes addressed to the voters shall be counted, and forthwith posted.

(5) Where an envelope containing a voting paper and the other documents referred to in this rule is returned to the returning officer as not having been delivered to a voter, the returning officer may re-address the envelope to any address which may be subsequently furnished to him as the address of the voter.

15.—(1) The returning officer shall provide a box or boxes for the reception of the covering envelopes when returned.

(2) Every such box shall be sealed with the seal of the returning officer, and the returning officer shall make provision for the safe custody of such box.

(3) The returning officer shall, immediately on receipt of covering envelopes, place them unopened in the aforesaid box.

(4) The box shall be opened by the returning officer in the presence of the candidates on the day and at the time and place appointed by him for the counting of the votes, of which notice shall be given to the candidates.

(5) Before opening the box the returning officer shall make up into a packet sealed with his seal the counterfoils of the voting papers and the unused voting papers.

(6) When a box has been opened, the returning officer shall count and note the number of envelopes and shall then open each covering envelope separately, examine the declaration of identity and compare the number thereon with the number on the voting paper envelope.

(7) If the numbers agree and the declaration of identity is found to be duly signed and authenticated the returning officer shall place the declaration of identity and the voting paper envelope in separate receptacles.

(8) If the returning officer is not satisfied that the declaration of identity has been duly signed and authenticated he shall endorse the declaration of identity "vote rejected," and shall attach thereto the voting paper envelope without opening such envelope, or if there is no such envelope, the voting paper.

(9) If the returning officer finds that the numbers on the declaration of identity and on the voting paper envelope do not agree, or if the envelope has no number on it, he shall open the envelope, and if the number on the voting paper agrees with the number on the declaration of identity he shall place the voting paper in the ballot box referred to in paragraph (1) of these Rules.

(10) In every case in which the number on the voting paper does not agree with the number on the declaration of identity the returning officer shall replace the voting paper in its envelope (if any), attach such envelope or voting paper as the cause may be to the declaration of identity, and endorse the declaration of identity "vote rejected."

(11) Where a declaration of identity does not appear to accompany the voting paper envelope, the returning officer shall open the envelope, and if it is found to contain the declaration of identity he shall deal with such declaration and voting paper in accordance with these Rules.

(12) Any declaration not accompanied by a voting paper and any voting paper not accompanied by a declaration of identity shall be marked "rejected."

(13) Where a voting paper and declaration of identity are received together and the numbers thereon agree the voting paper shall not be rejected solely on the ground that the voting paper and declaration of identity were or either of them was not placed in the proper envelopes or envelope or that any such envelope was not fastened.

16.—(1) The returning officer shall show any declaration of identity which he proposes to reject on the ground that it has not been properly signed and authenticated, to the candidates, and if an objection is made by any candidate shall add to the endorsement the words "rejection objected to."

(2) The returning officer shall keep all rejected declarations, with the attached envelopes or voting papers as the case may be, separate from other documents.

17.—(1) When the covering envelopes in the box have been opened and their contents dealt with under the two preceding rules, the returning officer shall open each unopened voting paper envelope and compare the number on the envelope with the number on the voting paper.

(2) If the numbers do not agree the returning officer shall mark the ballot paper "rejected" and shall attach it to the envelope.

(3) If the numbers agree the returning officer shall count the number of such papers, and shall ascertain the number of votes recorded for each candidate. Any voting paper on which no vote is given, or on which votes are given to more candidates than the voter is entitled to vote for, or on which anything except the number on the back is written or marked by which the voter could be identified, or which is void for uncertainty shall be invalid and not counted.

The returning officer shall endorse "rejected" on any voting paper which he may reject as invalid, and shall add to the endorsement "rejection objected to" if an objection be in fact made by any candidate to his decision.

18.—The candidates to the number to be elected who being duly qualified have received the greatest number of votes shall be deemed to be elected. If an equality of votes is found to exist between any of the candidates and the addition of a vote would entitle any of such candidates to be declared elected the returning officer shall determine by lot which of the candidates whose votes are equal shall be elected.

19.—The returning officer shall retain in separate packets sealed with his seal the declarations of identity, the valid and invalid voting papers and the packets referred to in Rule 15 (5). No person shall be allowed to open the sealed packets after the same have been sealed up expect by order of a court having jurisdiction in that behalf.

20.—Where in these Rules expressions are used requiring or authorising or inferring that any act or thing is to be done in the presence of the candidates, such expressions shall be deemed to refer to the presence of such candidates as may in fact attend at the time and place where such act or thing is being done, and the non-attendance of any candidate at such time and place shall not, if such act or thing be otherwise duly done, in anywise invalidate the act or thing done.

SCHEDULE.

FORM No. I.

FORM OF NOTICE OF ELECTION.

MEDICAL PRACTITIONERS ACT, 1927 .

I. Notice is hereby given pursuant to the Medical Practitoners Act, 1927, and the Rules thereunder, that the Returning Officer will at ........................ on ....................... the ....................... day of .................. now next ensuing, between the hours of ............ and ............ proceed to the nomination, and if there is no opposition, to the election of ......... direct representatives to be members of the Medical Registration Council.

Every registered medical practitioner resident in Saorsát Eireann is qualified to be nominated as a candidate.

Each candidate must be nominated by a separate nomination paper.

Every registered medical practitioner resident in Saorsát Eireann is entitled to take part in nominating ......... candidates but no more.

Every nomination paper must state the names, address and registered qualification or qualifications of the candidate nominated; it must be signed by not less than twelve registered medical practitioners resident in Saorsát Eireann, as nominating such candidate, and the address and registered qualification or qualifications of each medical practitioner so signing must be appended to his signature.

Every nomination paper must contain a declaration in writing, signed by the person nominated, acknowledging that such person consents to be nominated.

II. Forms of nomination paper may be obtained at ............... between the hours of ......... and ......... on any day (not being a Sunday or public holiday) before the said ............ day of ................

Any application for a nomination paper to be sent by post must be accompanied by a prepaid addressed envelope.

Every nomination paper must be delivered to the Returning Officer by post or otherwise either at the place above appointed for the purpose between the hours of ......... and ......... on the ......... day of ............... or at any place at which the Returning Officer may be found at any time on any day before the said ......... day of ................

In the event of the election being contested voting papers will be issued to the persons entitled to vote thereat as soon as practicable after the said ......... day of .............. and the day for the counting of the votes will be the ......... day of ................

Votes cast by voting papers received by the Returning Officer on or after the said ......... day of .............. will not be counted.

RETURNING OFFICER.

FORM No. 2.

FORM OF NOMINATION PAPER.

THE MEDICAL PRACTITIONERS ACT, 1927 .

We, the undersigned, being registered Medical Practitioners resident in Saorsát Eireann, do hereby nominate the following person, being a registered Medical Practitioner resident in Saorsát Eireann, as a proper person to be elected a member of the Medical Registration Council:—

DECLARATION TO BE SIGNED BY THE PERSON NOMINATED.

I, the undersigned, being the person nominated, hereby acknowledge that I consent to this nomination.

* A nomination paper must be signed by not less than twelve registered medical practitioners resident in Saorstát Eireann.

FORM No. 3.

Election of ............ direct representatives to be members of the Medical Registration Council.

MEDICAL PRACTITIONERS ACT, 1927 .

VOTING PAPER.

.................. vacancies.

The registered medical practitioner voting must put a mark thus x against the name of each candidate for whom he votes.

The voter is entitled to vote for ......... candidates and no more. If the voter votes for more than ......... candidates or places any mark on the paper by which he may be afterwards identified the voting paper will be invalid and will not be counted. The voting paper must be placed inside the voting paper envelope and the envelope closed. That envelope together with the declaration of identity duly completed must be placed in the envelope addressed to the Returning Officer and must be sent by post or otherwise delivered to .................. the Returning Officer at .................. and must there be received on or before the .................. day of ..................

Any voting paper not accompanied by the declaration of identity duly signed and authenticated will be rejected.

FORM OF BACK OF PAPER.

No.......

Election of ........... direct representatives to be members of the Medical Registration Council.

Medical Practitioners Act, 1927 .

Counterfoil

No.

NOTE: The Counterfoil is to have a number to correspond with that on the back of the voting paper.

FORM No. 4.

FORM OF DECLARATION OF IDENTITY.

Voting Paper No...............

DECLARATION OF IDENTITY.

I hereby declare that I am the person to whom the voting paper numbered as above and the envelope in which it was enclosed (both of which I now produce) were sent.

Signature of registered medical

practitioner. ................................

Qualifications .........................................................

The above-named, who is personally known to me, has produced the voting paper and envelope above referred to, and has signed the above declaration in my presence.

Witness's Signature ................................................

Address of Witness

................................................

.............................

INSTRUCTIONS TO VOTERS.

1. Before marking the accompanying voting paper the voter must produce

i. The voting paper showing the number thereon;

ii. This paper;

iii. The envelope in which he has received the voting paper;

to some person to whom the voter is known and who will witness the declaration of identity.

2. The voter must sign the declaration of identity in the presence of the witness.

FORM No. 5.

FORM OF VOTING PAPER ENVELOPE.

Form of Envelope to be addressed to the Returning Officer.