S.I. No. 166/1936 - Committee of Management Regulations, 1936.


SAORSTÁT ÉIREANN. STATUTORY RULES AND ORDERS. 1936. No. 166.NATIONAL HEALTH INSURANCE.

COMMITTEE OF MANAGEMENT REGULATIONS, 1936.

ÁRACHAS NÁISIÚNTA AR SHLÁINTE

REGULATIONS MADE BY THE MINISTER FOR LOCAL GLVERNMENT AND PUBLIC HEALTH UNDER THE NATIONAL HEALTH INUSRANCE ACTS, 1911 TO 1936.

Dated this the 11th day of June, 1936.

The Minister for Local Government and Public Health in exercise of the powers conferred on him by the National Health Insurance Acts, 1911 to 1936 and of all other powers enabling him in that behalf hereby makes the following Regulations :—

PART I GENERAL.

*1. These Regulations may be cited as the National Health Insurance (Committee of Management) Regulations, 1936.

2. In these Regulations, unless the context otherwise requires, the following expressions have the respective meanings hereby assigned to them :—

"The Act" means the National Health Insurance and Widows' and Orphans' Pensions Act, 1936 ;

"The Minister" means the Minister for Local Government and Public Health;

"Unified Society" means Cumann an Arachais Náisiúnta ar Shláinte ;

"Committee of Management" means the Committee of Management of Cumann an Arachais Náisiúnta ar Shláinte;

"Electorate" means the Insured Persons' (Local Authorities' Nominees) Members Electorate established in accordance with Section 11 of the Act;

"Election Year" means the year 1936, the year 1939, the year 1942, the year 1945 and so on.

3. The Interpretation Act, 1923 , applies to the interpretation of these Regulations as it applies to the interpretation of an Act of the Oireachtas.

PART II GENERAL PROVISIONS RELATING TO ELECTIONS OF INSURED PERSONS' (LOCAL AUTHORITIES' NOMINEES) MEMBERS OF THE COMMITTEE OF MANAGEMENT.

4. Any question arising as to the validity of any ballot paper or otherwise in connection with any election of insured persons' (local authorities' nominees) members held under these Regulations shall be determined by the Chairman for the time being of the Committee of Management or in his absence by the Vice-Chairman for the time being under the Rules of the Unified Society.

5. No misnomer or inaccurate description of any person named in any ballot paper shall invalidate that paper where, in the opinion of the said Chairman, or Vice-Chairman, as the case may be, the description of the person is such as to be commonly understood.

6. Where any document is, under these Regulations, required to be sent by post so as to be delivered on a named day, it shall be deemed to have been duly despatched, notwithstanding that it has not been delivered by that day, if it has been properly directed and delivered for despatch to the Post Office at any place in Saorstát Eireann, so that in the ordinary course of post it would have been delivered on that day.

7. No election of insured persons' (local authorities' nominees) members shall be invalid by reason of any mis-description or non-compliance with the provisions contained in 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 Chairman or Vice-Chairman, as the case may be, that the election was conducted substantially in accordance with the provisions of these Regulations, and that the result of such mis-description, non-compliance, miscount, non-delivery, loss or miscarriage did not substantially affect the result of the election.

8. No election of insured persons' (local authorities' nominees) members shall be invalidated by reason of the absence of any member of the Electorate or any defect in the nomination of any member of the Electorate.

PART III NOMINATION OF MEMBERS OF THE ELECTORATE

9. The Minister shall, as soon as may be in the year 1936, and thereafter not later than the first day of March in every election year, despatch by post to each local authority a statement of the number of members of the Electorate which such local authority is required to nominate under Section 11 (4) of the Act.

10. Each local authority shall within one week of the date of the meeting at which the required number of members of the Electorate were nominated but not later than the 1st day of May in the election year, furnish (on a form to be provided by the Minister for the purpose) the full name, postal address, age, occupation and membership number in the Unified Society of each nominee to the Minister, who shall forthwith forward a copy thereof to the Unified Society.

11. The Unified Society shall verify that the persons nominated by the local authorities to be members of the Electorate were in fact qualified persons within the meaning of Section 11 (2) of the Act at the date of their nomination and shall notify the Minister if any person so nominated was not so qualified.

12. In the event of a casual vacancy occurring in the Electorate by reason of the death, resignation or disqualification of any member, the Unified Society shall forthwith inform the Minister, who shall notify the local authority by which the said member was in the first instance nominated, or deemed to have been nominated.

PART IV ELECTIONS OF INSURED PERSONS' (LOCAL AUTHORITIES' NOMINEES) MEMBERS

13. The Unified Society shall summon a meeting of the Electorate to be held not earlier than the 2nd day of May nor later than 15th day of June, in the year 1936 and every subsequent year at the Head Office of the Unified Society (or at such other place as the Minister may approve) for the purpose of electing, in the manner hereinafter provided, five qualified persons to be insured persons' (local authorities' nominees) members. Of the five qualified persons to be so elected to be insured persons' (local authorities' nominees) members—

(a) two shall be elected by the Leinster electors from amongst their own number ;

(b) two shall be elected by the Munster electors from amongst their own number ;

(c) one shall be elected by the Connaught and Ulster electors from amongst their own number.

14. At least ten clear days' notice in writing of the meeting shall be given by the Unified Society to each elector and the notice shall state the purpose of the meeting. The notice of meeting issued to each of the Leinster electors shall be accompanied by a list of the names and addresses of the Leinster electors arranged alphabetically in the order of their surnames, the notice of meeting issued to each of the Munster electors shall be accompanied by a list of the names and addresses of the Munster electors arranged alphabetically in the order of their surnames, and the notice of meeting issued to each of the Connaught and Ulster electors shall be accompanied by a list of the names and addresses of the Connaught and Ulster electors arranged alphabetically in the order of their surnames.

15. The notice of meeting referred to in the immediately preceding Article shall be accompanied by a questionnaire in the form set out in the Schedule to these Regulations. The questionnaire shall be completed by the elector and returned to the Secretary of the Unified Society so as to reach him not later than two days prior to the date of the meeting of the Electorate.

16. The Unified Society shall prepare three separate ballot papers on which the names of the Leinster, Munster and Connaught and Ulster electors, respectively, shall be set out in alphabetical order, but no such ballot paper shall include the name of any elector—

(i) who is a member of the committee of management or board of directors of any society or company transacting insurance business, or

(ii) who is employed as an officer, agent or employee of such society or company, or

(iii) from whom the completed questionnaire referred to in the immediately preceding Article has not in fact been received by the Secretary of the Unified Society two days prior to the date of the meeting of the Electorate.

17. The Chairman for the time being of the Committee of Management, or in his absence the Vice-Chairman for the time being under the Unified Society's rules, shall preside at a meeting of the Electorate.

18. One-third of the Electorate shall form a quorum.

19. An election under this Part of these Regulations by the Leinster electors shall be held in accordance with the following provisions, that is to say,

(1) Every Leinster elector who is a qualified person within the meaning of Section 9 (1) of the Act, and who has complied with the provisions of Article 15 of these Regulations, shall be eligible for election.

(2) Every Leinster elector present shall be supplied by the Unified Society with a ballot paper containing a list of the Leinster electors who are eligible for election, arranged alphabetically in the order of their surnames.

(3) Every Leinster elector shall be entitled to vote for three of the persons named on the ballot paper and shall record his vote by placing an X opposite the name of each person for whom he desires to vote. Any ballot paper on which an X has been placed opposite the names of more than three persons shall be invalid.

(4) The Secretary and Treasurer of the Unified Society (or such other officials of the Unified Society as the Chairman of the Committee of Management for the time being or in his absence the Vice-Chairman for the time being under the Unified Society's Rules, may appoint) and two electors to be named by the Chairman of the Meeting shall act as scrutineers.

(5) The scrutineers, as soon as the voting is completed, shall collect the ballot papers from the Leinster electors and shall count the votes on the ballot papers which have been passed as valid by the Chairman of the Meeting.

(6) The two Leinster electors who have received the highest number of votes shall be declared to be elected to be insured persons' (local authorities' nominees) members.

(7) The Leinster elector who has obtained the third highest number of votes shall, if the necessity arises, be selected by the Committee of Management to fill a casual vacancy occurring by reason of the death, resignation or disqualification during the term of office of either of the two Leinster electors who have been elected to be insured persons' (local authorities' nominees) members.

20. An election under this Part of these Regulations by the Munster electors shall be held in accordance with the following provisions, that is to say,

(1) Every Munster elector who is a qualified person within the meaning of Section 9 (1) of the Act and who has complied with the provisions of Article 15 of these Regulations shall be eligible for election.

(2) Every Munster elector present shall be supplied by the Unified Society with a ballot paper containing a list of the Munster electors who are eligible for election, arranged alphabetically in the order of their surnames.

(3) Every Munster elector shall be entitled to vote for three of the persons named on the ballot paper and shall record his vote by placing an X opposite the name of each person for whom he desires to vote. Any ballot paper on which an X has been placed opposite the names of more than three persons shall be invalid.

(4) The Secretary and Treasurer of the Unified Society (or such other officials of the Unified Society as the Chairman of the Committee of Management for the time being or, in his absence, the Vice-Chairman for the time being under the Unified Society's Rules may appoint) and two electors to be named by the Chairman of the Meeting shall act as scrutineers.

(5) The scrutineers as soon as the voting is completed shall collect the ballot papers from the Munster electors and shall count the votes on the ballot papers which have been passed as valid by the Chairman of the Meeting.

(6) The two Munster electors who have received the highest number of votes shall be declared to be elected to be insured persons' (local authorities' nominees) members.

(7) The Munster elector who has obtained the third highest number of votes shall, if the necessity arises, be selected by the Committee of Management to fill a casual vacancy occurring by reason of the death, resignation or disqualification during the term of office of either of the two Munster electors who have been elected to be insured persons' (local authorities' nominees) members.

21. An election under this Part of these Regulations by the Connaught and Ulster electors shall be held in accordance with the following provisions, that is to say,

(1) Every Connaught and Ulster elector who is a qualified person within the meaning of Section 9 (1) of the Act and who has complied with the provisions of Article 15 of these Regulations shall be eligible for election.

(2) Every Connaught and Ulster elector present shall be supplied by the Unified Society with a ballot paper containing a list of the Connaught and Ulster electors who are eligible for election arranged alphabetically in the order of their surnames.

(3) Every Connaught and Ulster elector shall be entitled to vote for two of the persons named on the ballot paper and shall record his vote by placing an X opposite the name of each person for whom he desires to vote. Any ballot paper on which an X has been placed opposite the name of more than two persons shall be invalid.

(4) The Secretary and Treasurer of the Unified Society (or such other officials of the Unified Society as the Chairman of the Committee of Management for the time being or, in his absence, the Vice-Chairman for the time being under the Unified Society's Rules may appoint) and two electors to be named by the Chairman of the meeting shall act as scrutineers.

(5) The scrutineers, as soon as the voting is completed, shall collect the ballot papers from the Connaught and Ulster electors and shall count the votes on the ballot papers which have been passed as valid by the Chairman of the Meeting.

(6) The Connaught and Ulster elector who has received the highest number of votes shall be declared to be elected to be an insured persons' (local authorities' nominees) member.

(7) The Connaught and Ulster elector who has obtained the second highest number of votes shall, if the necessity arises, be selected by the Committee of Management to fill any casual vacancy occurring by reason of the death, resignation or disqualification during the term of office of the Connaught and Ulster elector who has been elected to be an insured persons' (local authorities' nominees) member.

22. If any casual vacancy occurs by reason of the death, resignation or disqualification of an insured persons' (local authorities' nominees) member which is not filled in accordance with the provisions of the preceding Articles it shall be filled by the nomination of a qualified person by the Minister.

23. In the event of the result of an election being indeterminate by reason of an equal number of votes having been recorded for two or more electors a further election shall be held as between those electors. The procedure at such further election shall be the procedure already set out in this Part of these Regulations subject to such modifications as the Chairman of the meeting may determine to be necessary.

PART V TERM OF OFFICE OF TRUSTEES, CHAIRMAN AND EMPLOYERS' MEMBERS

24. Every person appointed to be a Trustee shall, unless he sooner dies, resigns or is removed from office, hold office—

(a) in case he is appointed in the year 1936, from the appointed day under the National Health Insurance Act, 1933 , until the 31st day of July, 1937;

(b) in case he is appointed in any subsequent year from the 1st day of August in such year until the 31st day of July in the next following year;

(c) in case he is appointed to fill a casual vacancy occurring by reason of the death, resignation or removal from office of a Trustee, for the remainder of the term of office of the person in whose place he is appointed.

25. The person appointed by the Minister to be the Chairman of the Committee of Management shall, unless he sooner dies, resigns or is removed from office, hold office—

(a) in case he is appointed in the year 1936, from the appointed day under the National Health Insurance Act, 1933 , until the 31st day of July, 1937;

(b) in case he is appointed in any subsequent year from the 1st day of August in such year until the 31st day of July in the next following year;

(c) in case he is appointed to fill a casual vacancy occurring by reason of the death, resignation or removal from office of the Chairman, for the remainder of the term of office of the person in whose place he is appointed.

26. Every person (other than a person appointed to fill a casual vacancy) appointed to be an employers' member of the Committee of Management shall, unless he sooner dies, resigns or is removed from office, hold office—

(a) in case he is appointed in the year 1936, from the appointed day under the National Health Insurance Act, 1933 , to the 31st day of July, 1937;

(b) in case he is appointed in any subsequent year from the 1st day of August in such year until the 31st day of July in the next following year.

Given under the Official Seal of the Minister for Local Government and Public Health, this 11th day of June, in the year One thousand nine hundred and thirty-six.

SEÁN T. Ó CEALLAIGH,

Minister for Local Government and Public Health.

*These Regulations supersede the Provisional Regulations entitled the National Health Insurance (Committee of Management) Regulations, 1936, which were made and came into force on the 29th of April, 1936.

SCHEDULE.

CUMANN AN ÁRACHAIS NÁISIÚNTA AR SHLÁINTE.

Questionnaire to be issued by the Unified Society to each member of the Insured Persons' (Local Authorities' Nominees) Members Electorate at least ten days prior to a meeting of the Electorate.

Name of local authority by which the elector was nominated:—

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

To ............................................................ ............................... of .......................................................

QUESTION

ANSWER

Are you a member of the committee of management or board of directors of any society or company transacting insurance business? If so, from what date?

Are you employed as an officer, agent, or employee of any such society or company? If so, from what date?

Signature of elector....................................................

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

NOTE.—Unless this questionnaire is completed by the elector and returned to the Secretary of the Unified Society so as to reach him not later than the

............................................................ ............. day of ............................................................ .............

(i.e. two days prior to the date of the Meeting of the Electorate) the elector shall not be entitled to have his name included in the appropriate ballot paper for election of insured persons' (local authorities' nominees) members of the Committee of Management of the Unified Society.