S.I. No. 174/1948 - Central Midwives Board (Elections) Order, 1948.

S.I. No. 174 of 1948.

CENTRAL MIDWIVES BOARD (ELECTIONS) ORDER, 1948.

WHEREAS by the Midwives Act, 1944 (hereinafter called " the Act ") the Central Midwives Board (hereinafter called " the Board ") was established :

AND WHEREAS by section 10 of the Act it is provided that before the first day of February in each election year four persons shall be elected to be members of the Board by the registered medical practitioners ordinarily resident within the State :

AND WHEREAS the year one thousand nine hundred and forty-nine is an election year for the purposes of the Act :

AND WHEREAS by section 10 (3) of the Act it is provided that every election shall be carried out in accordance with regulations made for that purpose by the Minister for Health :

NOW THEREFORE the Minister for Health in exercise of the powers so vested in him hereby orders and directs as follows :—

1. The elections of elected members of the Board shall be carried out in accordance with the regulations set forth in the Schedule hereto annexed.

2. This Order may be cited as the Central Midwives Board (Elections) Order, 1948.

GIVEN under the Official Seal of the Minister for Health this tenth day of June, One Thousand Nine Hundred and Forty-eight.

(Signed) NOËL C. BROWNE,

Minister for Health.

SCHEDULE.

REGULATIONS FOR THE CONDUCT AND ARRANGEMENT OF ELECTIONS UNDER THE MIDWIVES ACT, 1944 .

1. The returning officer shall not later than thirty clear days before the First day of February in any year in which an election is required to be held 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 Ireland 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 1 of the Schedule to these Regulations or in a form to the like effect.

2. 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.

3. Each candidate for election shall be nominated by a separate nomination paper and the nomination paper of any candidate shall be signed by not less than six registered medical practitioners as assenting to the nomination and any registered medical practitioner resident in the State may sign the nomination paper of any number of candidates not exceeding the number to be elected, but no more.

4. The returning officer shall supply a nomination paper to any registered medical practitioner resident in the State 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.

5. Every nomination paper shall state the names, address 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, acknowledging 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 Regulations or in a form to the like effect.

6. 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 Regulations has not been complied with, shall be invalid.

7. 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.

8. If at the expiration of the time appointed for receiving nominations no more candidates stand nominated than the number of members to be elected, the returning officer shall forthwith declare such candidates to be elected.

9.—(1) If the number of candidates who stand nominated is greater than the number of members to be elected, the returning officer shall, as soon as practicable thereafter, cause a voting paper to be sent in accordance with these Regulations, to each registered medical practitioner resident in the State.

(2) Each voting paper shall be in the form set out in Form 3 of the Schedule, to these Regulations.

(3) 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.

(4) 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.

10. 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.

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

12.—(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.

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

(a) The voting paper ;

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

and shall effectually close such first-mentioned envelope.

The covering envelope shall be in the form set out in Form 5 of the Schedule to these Regulations.

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

(4) Where an envelope containing a voting paper 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.

13.—(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.

14.—(1) The returning officer shall show any voting paper 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 voting papers with the attached envelopes separate from other documents.

15.—(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 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 which is void for uncertainty shall be invalid and not counted.

(2) 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.

16. 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.

17. The returning officer shall retain in separate packets sealed with his seal the valid and invalid voting papers and the packets referred to in Rule 13 (5). No person shall be allowed to open the sealed packets after the same have been sealed up except by order of a court having jurisdiction in that behalf.

18. Where in these Regulations 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 any wise invalidate the act or thing done.

SCHEDULE.

Form No. 1.

NOTICE OF ELECTION.

MIDWIVES ACT, 1944 .

1. Notice is hereby given pursuant to the Midwives Act, 1944 , and the Regulations under the said Act 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 four members of the Central Midwives Board.

Every registered medical practitioner ordinarily resident within the State is qualified to be nominated as a candidate.

Each candidate must be nominated by a separate nomination paper.

Every registered medical practitioner ordinarily resident within the State is entitled to take part in nominating four 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 six registered medical practitioners ordinarily resident within the State, 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.

2. 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 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.............................................

The Returning Officer will proceed to count the votes..............................at on the..................day of.............................................at....................p.m. (or a.m.) and votes cast by voting papers received by the Returning Officer on or after.....................p.m. (a.m.) on the said........................day of.............................................will not be counted.

(Signed)....................................Returning Officer.

Form No. 2.

NOMINATION PAPER

MIDWIVES ACT, 1944

We, the undersigned, being registered Medical Practitioners resident in Ireland, hereby nominate the following person, being a registered Medical Practitioner as a proper person to be elected a member of the Central Midwives Board.

* A nomination paper must be signed by not less than six registered medical prctitioners in Ireland.

DECLARATION TO BE SIGNED BY THE PERSON NOMINATED.

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

Signed............................................................ 

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

Form No. 3.

Counterfoil.

VOTING PAPER.

FORM OF FRONT OF PAPER.

No.

MIDWIVES ACT, 1944 .

I vote for the person(s) in the above list against whose name(s) my mark is placed.

Signed ............................................................ 

of .........................................................

Registered qualification or qualifications....................................

FORM OF BACK OF VOTING PAPER.

No.

ELECTION OF FOUR MEMBERS OF CENTRAL MIDWIVES BOARD.

MIDWIVES ACT, 1944 .

Votes cast by voting papers received by the Returning Officer on or after .................p.m. (a.m.) on the.................day of.................................... will not be counted:

Form No. 4.

FORM OF ENVELOPE TO BE ADDRESSED TO THE RETURNING OFFICER.