SCHEDULE
THE UNITED KINGDOM CENTRAL COUNCIL FOR NURSING, MIDWIFERY AND HEALTH VISITING
The Nurses, Midwives and Health Visitors (Electoral Scheme) (Variation) Scheme 1988
The United Kingdom Central Council for Nursing, Midwifery and Health Visiting in exercise of the power in paragraph 1(3) of Schedule 2 to the Nurses, Midwives and Health Visitors Act 19793and of all other powers enabling it in that behalf hereby varies the Scheme given effect by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting (Electoral Scheme) Order 19824(hereinafter referred to as “the Scheme”) in the manner following:
1. The Scheme shall be amended in accordance with the following provisions of this paragraph.
(1) In paragraph 1 (a) (Interpretation) insert after the definition of the word “practising”:
“
“Register” means the Register prepared by the Council in accordance with Section 10(1) of the Act;
“Registrar” means the Registrar and Chief Executive of the Council; and
(2) For paragraph 3 (Returning Officer) substitute:
“
3. (a) The Returning Officer who shall not be a member of the Council or any National Board or any Committee thereof shall be appointed by the Council in consultation with the Boards and the Council will at its discretion provide such funds as appear to the Council to be required for the provision of such staff equipment and all services necessary for the conduct of the election.
(b) The Returning Officer shall appoint a Deputy Returning Officer, not being a member of the Council, or of any National Board, or of any Committee thereof, to act for him in the event of his absence or inability to act, and the expression “Returning Officer” in this Scheme includes the Deputy Returning Officer so acting.
(c) Subject to the provisions of this Scheme, the Returning Officer shall be responsible for the conduct of the election.
(d) The Returning Officer shall seek the advice of the Registrar on all matters relating to confirmation and clarification of the professional standing of voters and/or candidates.
(3) For paragraph 5 (Electoral Roll) substitute:
“
5. (a) There will be one election for each of the four National Boards.
(b) The Returning Officer shall cause to be formed an Electoral Roll (hereinafter called “the Electoral Roll”) composed subject to paragraph (c) of this Rule of those nurses, midwives and health visitors whose names are on the Register on the 1st February 1988 and whose registration is not ineffective in the manner set out in paragraph (g) of this Rule.
(c) Any person whose registration has become ineffective because he has not paid the periodic fee required by virtue of the Nurses, Midwives and Health Visitors (Periodic Registration) Amendment (No. 2) Rules 19865(hereinafter referred to as “periodic fee”) because he is not in paid employment may be admitted by the Returning Officer to the Electoral Roll provided:—
(i) the Returning Officer received a signed declaration stating that he is not in paid employment and
(ii) his qualifications can be verified by the Council to the Returning Officer.
(d) Subject to the provisions relating to persons not living in the United Kingdom, each nurse, midwife and health visitor will be able to take part only in the National Board election in the country in which he lives or works.
(e) Individuals who are placed on the Electoral Roll, and who do not live in the United Kingdom, will have to choose the appropriate National Board election according to the home or work address in the United Kingdom from which they departed or to which they intend to return.
(f) The Returning Officer shall determine a date by which the Electoral Roll shall be closed and a date by which nominations for election must be received, but the date on which the Electoral Roll shall be closed may be a date subsequent to the date on which nominations for election are sought, but must be before the date by which nominations for election must be received.
(g) At least two months notice of the formation of the Electoral Roll shall be given stating that all nurses, midwives and health visitors who are registered and whose registration is not ineffective for non-payment of periodic fees will be entered on the Electoral Roll. The notice will invite those nurses, midwives and health visitors whose registrations are ineffective because they have not paid their periodic fee and who are not in paid employment to make an application to the Returning Officer to be entered on the Electoral Roll in accordance with sub-paragraph (c) of this Rule. Notice shall be deemed to have been duly given if advertisements are placed in two or more newspapers circulating in England, Wales, Northern Ireland and Scotland and in such professional journals circulating in England, Wales, Northern Ireland and Scotland and outside the United Kingdom as the Council shall determine.
(h) Decisions about the eligibility of a person to be admitted to the Electoral Roll will be made by the Returning Officer. Any person who is aggrieved by a decision of the Returning Officer may appeal against that decision to the Appeals Committee.
(4) For paragraph 6 (Categories of candidates) substitute:
“
6. There will be three categories of candidates. The categories are practising nurse, practising midwife and practising health visitor. The category of candidate must coincide with his professional field of practice. Where a candidate may be able to stand in more than one category by virtue of his practice the candidate must clearly state the category in which he wishes to stand.
(5) For paragraph 7 (Voting categories) substitute:
“
7. The Returning Officer will send out ballot papers to all those entitled to vote. Each individual seeking to vote will be required to choose to vote in one of the Board elections as provided in paragraph (d) or (e) of Rule 5 and those persons eligible to vote in more than one category will have the discretion to opt to vote for candidates in any one of the categories in which they are eligible to vote in the relevant Board election. Subject to Rule 5(e) each person voting must be resident or practising in the country of the National Board for whose candidate they choose to vote and must vote for the category in which they are qualified. No person may vote in more than one Board election nor for more than one category in that election.
(6) In paragraph 9 (Nomination)—
(a)
(a) For sub paragraphs (a) and (b) substitute:
“
(a)
(a) There shall be a separate nomination paper for each candidate. Each candidate for election shall be proposed and seconded by persons on the Electoral Roll and who are in the same part of the Register.
(b)
(b) Each nomination paper shall contain the name, address and requisite qualification of the person nominated, the category which he is representing, and the National Board to which he is seeking election. The requisite qualification of the proposer and seconder signing such paper shall also be included.
”;
(b)
(b) In sub paragraph (d) add after “Returning Officer” the words “at the address specified in the Notice referred to in Rule 8.”; and
(c)
(c) In sub paragraph (i) substitute for the final sentence:
“
In the event that the election shall have taken place and the Appeals Committee deciding that the appellant was nominated invalidly then a fresh election in respect of that National Board shall take place.
(7) In paragraph 10 (Conduct of Election) for sub paragraphs (c) and (d) substitute:
“
(c)
(c) If the number of duly nominated candidates in respect of any of the three categories in any National Board election exceeds the number to be elected whether after further nominations are sought under paragraph (k) of Rule 9 or not, the Returning Officer shall cause ballot papers to be prepared for each category in which a contested election is to be held. Ballot papers shall state the last day on which ballot papers must be returned and the place to which they are to be returned. The Returning Officer shall also cause to be prepared pre-paid envelopes for the return of the ballot papers which shall carry the address to which they are to be returned.
(d)
(d) The Returning Officer shall not later than twenty-eight days before the date fixed for the receipt of ballot papers, cause a ballot paper to be forwarded by post to each person on the Electoral Roll together with a form of declaration of identity which shall be as nearly as may be in the form marked B in Appendix 1 to this Scheme and a pre-addressed envelope for the return of these documents. The Returning Officer shall also cause to be included with the despatch of ballot papers details of candidates, giving in respect of each one his...
