An Bord Altranais (First Election of Members) Rules, 1985

• Jurisdiction: Ireland
• Year: 1985
• Citation: IR SI 439/1985

S.I. No. 439 of 1985.
AN BORD ALTRANAIS (FIRST ELECTION OF MEMBERS) RULES, 1985.
The Minister for Health in exercise of the powers conferred on him by sections 11 and 55 of the Nurses Act, 1985 (No. 18 of 1985) hereby makes the following Rules:
	1 Citation	1. These Rules may be cited as An Bord Altranais (First Election of Members) Rules, 1985.
	2 Interpretation	2. In these Rules—
"the Act" means the Nurses Act, 1985 (No. 18 of 1985);
"the Board" means An Bord Altranais established under the Act;
"the Electoral Roll" means the roll of electors formed pursuant to the provisions of Rule 6;
"the former Board" means An Bord Altranais established under the Nurses Act, 1950 (No. 27 of 1950);
"the Minister" means the Minister for Health;
"the register" means the register of nurses maintained by the former Board pursuant to Section 41 of the Nurses Act, 1950 and "division of the register" has the meaning therein ascribed;
"registered nurse" means a person whose name is entered in the register and includes a midwife;
"registered nurse tutor", "registered clinical teacher", "registered general nurse", "registered psychiatric nurse", "registered midwife", "registered mental handicap nurse", "registered public health nurse" or "registered paediatric nurse" means a person whose name is entered in the relevant division of the register, which, in the case of paediatric nurses, is the sick children's division.
	3 Conduct of Election	3. The first election for the purpose of Section 9 (1) (a), (b) and (c) of the Act shall be conducted in accordance with these Rules.
	4 Returning Officer	4. (1) The Returning Officer shall be the Chief Executive Officer of the former Board
(2) The Returning Officer shall appoint a Deputy Returning Officer, not being a member of the former Board, to act for him in the event of his absence or inability to act, and the expression "Returning Officer" in these Rules includes the Deputy Returning Officer so acting.
(3) The reasonable expenses of the Returning Officer shall, with the approval of the Minister, in relation to the conduct of the election, be paid by the former Board and such expenses shall be recouped by the Minister to the former Board to such extent as he shall determine.
(4) Subject to the provisions of these Rules the Returning Officer shall be responsible for the conduct of the election and his decisions on all matters arising shall be final.
	5 General Provisions as to Agents	5. (1) Each candidate for election may appoint an agent and the name of the person so appointed an agent shall be notified to the Returning Officer in writing by the candidate not less than fourteen days before the polling day.
(2) An agent whose appointment is notified to the Returning Officer under this Rule may be present on behalf of the candidate at the ruling on nominations, the sealing of the ballot box or ballot boxes and the counting of votes.
(3) The Returning Officer or any person employed by him for any purpose relating to the election shall not be a candidate or an agent of a candidate at the election or further the candidature of any candidate at the election.
(4) The Returning Officer shall not employ for any purpose relating to the election a person who, to his knowledge, is or has been a candidate or the agent of a candidate or who, to his knowledge, has furthered the candidature of a candidate.
	6 Electoral Roll and Electoral Panels	6. (1) The Returning Officer shall cause to be formed a roll of electors containing the name, address and registration number(s) of every person who is registered in the register and who applied to have his or her name entered on the Electoral Roll for the purpose of participating in the election.
(2) The Electoral Roll shall be divided into five panels of electors as follows: each panel containing the name, address and registration number of every person on the Electoral Roll who qualifies to be entered on such panel:
PANELS OF ELECTORS
QUALIFICATIONS FOR ENTRY ON PANELS OF ELECTORS
PANEL A — (General)
persons whose names are entered in any division of the register other than the Psychiatric Nurses Division, the Midwives Division, the Mental Handicap Nurses Division and the Public Health Nurses Division and whose names are not entered on any other panel;
PANEL B — (Psychiatric)
persons whose names are entered in the Psychiatric Nurses Division of the register and whose names are not entered on any other panel;
PANEL C — (Midwifery)
persons whose names are entered in the Midwives Division of the register and whose names are not entered on any other panel;
PANEL D — (Mental Handicap)
persons whose names are entered in the Mental Handicap Nurses Division of the register and whose names are not entered on any other panels;
PANEL E — (Public Health)
persons whose names are entered in the Public Health Nurses Division of the register and whose names are not entered on any other panel.
(3) ( a ) A person whose name is entered in two or more divisions of the register shall, at the time of making application to have his or her name entered on the Electoral Roll, state in writing the panel on which such person desires to have his or her name entered.
( b ) No person whose name is entered in two or more divisions of the register shall be entitled to have his or her name entered on more than one panel of the Electoral Roll.
(4) Within seven days of being notified by the Minister of his appointment as Returning Officer, the Returning Officer shall cause to be published in not less than three national daily newspapers circulating in the State and in such professional journals or papers as he shall select a notice to the effect that any registered nurse desiring to take part in the forthcoming election should apply to the Returning Officer in writing to have his or her name entered on the Electoral Roll.
(5) The notice published in accordance with the preceding paragraph shall be in the form specified in the First Schedule.
(6) The closing date for receipt of applications should be not earlier than twenty-one days and not later than twenty-eight days following the date of first publication of the notice.
	7 Number, category and qualifications of candidates to be elected by each panel of electors	7. (1) The number, category and qualifications of persons to be elected by each panel of electors shall be as follows:
PANELS OF ELECTORS
Category
PANEL A — (General)
Five persons shall be elected by the electors on PANEL A (General), of whom—
(i) one person shall be a registered nurse tutor or a registered clinical teacher who, during the twelve-month period immediately preceding the closing date for receipt of nominations, has been engaged in the training of student nurses in a hospital approved for the training of general nurses;
(ii) one person shall be a registered general nurse who, during the twelve-month period immediately preceding the closing date for receipt of nominations, has been engaged in nursing administration in a general hospital at the level of matron or equivalent;
(iii) one person shall be a registered general nurse who, during the twelve-month period immediately preceding the closing date for receipt of nominations, has been engaged in the clinical practice of general nursing at the level of ward sister or equivalent in a general hospital;
(iv) one person shall be a registered general nurse who, during the twelve-month period immediately preceding the closing date for receipt of nominations, has been engaged in the clinical practice of general nursing at a level below ward sister or equivalent in a general hospital;
(v) one person shall be a registered nurse tutor or a registered clinical teacher who, during the twelve-month period immediately preceding the closing date for receipt of nominations, has been engaged in the training of student nurses in a hospital approved for the training of paediatric nurses.
PANEL B — (Psychiatric)
Four persons shall be elected by the electors on PANEL B (Psychiatric) of whom—
(i) one person shall be a registered nurse tutor or a registered clinical teacher who, during the twelve-month period immediately preceding the closing date for receipt of nominations, has been engaged in the training of student nurses in a hospital approved for the training of psychiatric nurses;
(ii) one person shall be a registered psychiatric nurse who, during the twelve-month period immediately preceding the closing date for receipt of nominations, has been engaged in nursing administration in a psychiatric hospital at the level of matron or chief nursing officer or their equivalents;
(iii) one person shall be a registered psychiatric nurse who, during the twelve-month period immediately preceding the closing date for receipt of nominations, has been engaged in the clinical practice of psychiatric nursing at the level of ward sister or charge nurse or their equivalents in a psychiatric hospital or in a psychiatric unit in a general hospital or in the community;
(iv) one person shall be a registered psychiatric nurse who, during the twelve-month period immediately preceding the closing date for receipt of nominations, has been engaged in the clinical practice of psychiatric nursing below the level of ward sister or charge nurse or their equivalents in a psychiatric hospital or in a psychiatric unit in a general hospital or in the community.
PANEL C — (Midwifery)
Three persons shall be elected by the electors on PANEL C (Midwifery) of whom—
(i) one person shall be a registered nurse tutor or a registered clinical teacher who, during the twelve-month period immediately preceding the closing date for receipt of nominations, has been engaged in the training of student midwives in a hospital approved for the training of midwives;
(ii) one person shall be a registered midwife who, during the twelve-month...