SCHEDULE
The United Kingdom Central Council for Nursing, Midwifery and Health Visiting in Exercise of the Powers in Section 2(1)(B), (2) and (3) of the Nurses, Midwives and Health Visitors Act 1992 hereby makes the following Scheme:—
ELECTORAL SCHEME
1. Citation and Interpretation
(1) These rules may be cited as the Nurses, Midwives and Health Visitors (Electoral Scheme) Rules 1992.
(2) In these Rule—
“the Act” means the Nurses, Midwives and Health Visitors Act 19922;
“the 1979 Act” means the Nurses, Midwives and Health Visitors Act 19793;
“Appeals Committee” means the Committee whose constitution is set out in rule 14;
“category” means one of those categories specified in rule 6;
“the Council” means the United Kingdom Central Council for Nursing, Midwifery and Health Visiting;
“effective registration” means registration effected in compliance with rule 6(1) of the Nurses, Midwives and Health Visitors Rules 19834or renewed in compliance with rule 9 of the same Rules and which registration is not subject of a determination to remove such person’s name from the register;
“election” means the procedure by which members of the Council are elected;
“professional identification number” means the number allocated by the Council to each nurse, midwife and health visitor and by which she is identified in the register;
“quota” means a number calculated in accordance with paragraph 1(3) of Appendix II to this Scheme;
“register” means the register prepared by the Council pursuant to section 10(1) of the 1979 Act;
“Registrar” means the Registrar and Chief Executive of the Council.
(3) Unless the context otherwise requires—
(a)
(a) any reference in this Scheme—
(i) to a numbered rule is a reference to the rule bearing that number in this Scheme;
(ii) to a form thereby prescribed includes a form substantially the same;
(b)
(b) any reference in a rule in this Scheme to a numbered paragraph is a reference to the paragraph bearing that number in that rule.
(4) The Interpretation Act 19785shall apply to the interpretation of this Scheme as it applies to the interpretation of an Act of Parliament.
2. Elections
An election shall be held prior to the expiry of the period of office of members of the Council, and such number of members as is proposed and approved in accordance with section 2 of the Act shall be elected.
3. Returning Officer
(1) The Registrar shall be the Returning Officer.
(2) The Returning Officer shall appoint a Deputy Returning Officer, who shall not be a member of the Council, or of any of its Committees, to act for him at his request, and in his absence, and the expression “Returning Officer” in this Scheme includes the Deputy Returning Officer.
(3) The Returning Officer may, subject to the approval of the Council, use monies received from the Council to employ staff, and pay for equipment and all services necessary, for the conduct of the election.
(4) Subject to the provisions of this Scheme, the Returning Officer shall be responsible for the conduct of the election.
(5) Subject to a decision by the Appeals Committee under rules 8(9) or 12(4), any question arising with regard to the validity of a nomination or ballot paper, or otherwise in connection with an election held under this Scheme, shall be determined by the Returning Officer.
4. Numbers to be Elected to the Council and the Categories in which they are to be Elected
(1) The number of persons to be elected to the Council shall, subject to paragraph (2), include 7 nurses, 2 midwives and 1 health visitor in respect of each country of the United Kingdom respectively, as determined in accordance with rule 6.
(2) Where the number of validly nominated candidates in any of the three categories in each country is smaller than the number required to be elected, the Returning Officer may accept as eligible to be elected in respect of that category and country, any person validly nominated in the same category, in a different country, who fails to secure election in her own country.
(3) The candidate who may be elected to fill any vacancy under paragraph (2) shall be a candidate who secures, in descending order, the highest percentage of first preference votes in relation to the quota for election in the country and category in which she is a candidate, and the quota shall be calculated in accordance with the provisions of Appendix II.
(4) Where the number of validly nominated candidates in any of the three categories is smaller than the number required to be elected for that category throughout the United Kingdom, the Returning Officer shall —
(a)
(a) postpone the election until such time as the required number of valid nominations is received; and
(b)
(b) extend the period of receipt of valid nominations in that category for the four countries of the United Kingdom.
5. Electoral Roll
(1) The Returning Officer shall compile a roll of electors (“the Electoral Roll”) comprising, in respect of each election, the names of those nurses, midwives and health visitors who have effective registration on a date determined by the Council.
(2) Subject to paragraph (3), a person named on the Electoral Roll shall only be eligible to vote for candidates seeking election in one category, in the same country as that in which the voter resides or works or has her registered address, on a further date determined by the Council.
(3) A person named on the Electoral Roll whose registered address is outside the United Kingdom, shall be sent ballot papers for each of the four countries of the United Kingdom and shall be entitled to vote for candidates listed in one category on any one of the ballot papers.
(4) The Returning Officer shall determine the date, which shall be later than that determined by the Council under paragraph (1), by which nominations for election must be received by him.
(5) At least 28 days' notice of the date determined by the Council under paragraph (1) shall be given, by being 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 Returning Officer shall determine.
6. Categories of Candidates
(1) There shall be three categories of candidates, for each country of the United Kingdom, comprising nurses, midwives and health visitors respectively.
(2) A candidate shall —
(a)
(a) be included in the Electoral Roll;
(b)
(b) be nominated and seconded in accordance with rule 8(2) and (3);
(c)
(c) reside or work, on the date specified by the Council under rule 5(1), in the country in which she seeks election;
(d)
(d) have effective registration, on the date on which the Electoral Roll is compiled:
(i) in one or more of Parts 1 to 9 or 12 to 15 of the Register if seeking election in the nurse category;
(ii) in Part 10 of the Register if seeking election in the midwife category; or
(iii) in Part 11 of the Register if seeking election in the health visitor category.
7. Publication of Notice of Election
(1) The Returning Officer shall, at least 28 days before the date fixed for receipt of nomination papers under rule 8(5), publish a Notice of the election, specifying—
(a)
(a) the number of persons to be elected in each category for each country;
(b)
(b) the place to which the nomination papers are to be sent; and
(c)
(c) the last day on, and the time by, which nomination papers are to be received by him.
(2) The Notice of the election shall be published in two or more newspapers circulating in England, Wales, Northern Ireland and Scotland and in s such professional journals both in the United Kingdom and outside the United Kingdom as the Returning Officer shall determine.
8. Nomination
(1) There shall be a separate nomination paper for each candidate.
(2) A candidate shall be nominated by one person and seconded by another person, both of whom shall satisfy the same criteria specified in rule 6 as are satisfied by the candidate nominated or seconded.
(3) A nomination paper shall state—
(a)
(a) the name and address of the candidate;
(b)
(b) the country and category in which she wishes to seek election;
(c)
(c) the candidate’s professional identification number;
(d)
(d) details of her current appointment or current professional field of practice, if any; and
(e)
(e) the names, addresses and country of residence or work of her nominator and seconder.
(4) A candidate shall sign the nomination paper and signify, in writing, her willingness to be a candidate.
(5) The Returning Officer shall determine the last day by which nomination papers are to be received by him and every nomination paper shall, before 12.00 noon on that day, reach the Returning Officer at the address specified in the Notice referred to in rule 7.
(6) A candidate may, on written notice to the Returning Officer, received by him within 10 days after the date determined under paragraph (5), withdraw her nomination as a candidate.
(7) A nomination...
