Election of Members for Appointment to the Physiotherapists Registration Board Bye-law 2020

• Jurisdiction: Ireland
• Citation: IR SI 253/2020
• Year: 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th July, 2020.

The Physiotherapists Registration Board, in exercise of the powers conferred on it by section 31 of the Health and Social Care Professionals Act 2005 , with the approval of the Health and Social Care Professionals Council, hereby makes the following bye-law:

1. (1) This bye-law may be cited as the Election of Members for Appointment to the Physiotherapists Registration Board Bye-law 2020.

(2) This bye-law comes into operation on 21 July 2020.

Interpretation

2. (1) In this bye-law -

“Act” means the Health and Social Care Professionals Act 2005 (Number 27 of 2005) (as amended from time to time);

“Agent” means a person appointed as an agent in accordance with paragraph 19(3);

“Ballot Box” means a ballot box provided for under paragraph 16(8) for the reception of outer envelopes returned by voters;

“Candidate” means a registrant who has been formally declared as a candidate by the Returning Officer in accordance with paragraph 10(3) of this bye-law;

“County of practice” means the county listed beside the name of a registrant on the Register;

“Council” means the Health and Social Care Professionals Council established under section 6 of the Act;

“Election” means the election of Candidates for appointment to the Registration Board pursuant to and in accordance with this bye-law;

“Electoral category” means the categories of membership of registration boards set out in section 28(1)(a) of the Act;

“Electoral register” means the register established under paragraph 14(1) of this bye-law;

“first election” means the first Election conducted in accordance with this bye-law;

“Minister” means the Minister for Health;

“Nominee” means a registrant who satisfies the criteria set out in paragraph 8 and who has been nominated as a candidate in accordance with paragraph 9;

“Official mark” means a mark which is visibly or permanently affixed or perforated through the ballot paper;

“Register” means the register established and maintained by the Physiotherapists Registration Board under section 36 of the Act;

“registrant” means a person whose name is on the Register;

“Registration Board” means the Physiotherapists Registration Board established under section 26 of the Act;

“Relative”, for the purpose of this bye-law includes spouse, civil partner, parent, brother, sister, grandparent, uncle or aunt and includes a person related by marriage or civil partnership;

“Returning Officer” means the person appointed under paragraph 4 to be the returning officer for the purposes of this bye-law;

“Transferable Vote” shall have the meaning given in Section 37(2) of the Electoral Act 1992 (as amended); and

“Voter” means a registrant whose name is entered in the Electoral register.

(2) In this bye-law—

(a) reference to a paragraph is to a paragraph of this bye-law, unless it is indicated that some other reference is indicated;

(b) a reference to a paragraph, subparagraph or clause is a reference to a paragraph, subparagraph or clause of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended;

(c) a reference to any statute or statutory provision shall be construed as a reference to the same as it may have been, or may from time to time be, amended, modified or re-enacted;

(d) any reference to a “day” shall mean a calendar day;

(e) references to the singular include the plural and vice versa; and

(f) references to the masculine include the feminine and vice versa.

System for election

3. (1) Subject to paragraph 13, the system for the election of registrants for appointment by the Minister to the Registration Board for the purposes of section 28(1)(a) of the Act shall be that of proportional representation by the single transferable vote.

(2) Each registrant on the Electoral Register shall have a single transferable vote in respect of each Electoral category.

(3) An Election shall be conducted in accordance with this bye-law, section 114 and Part XIX of the Electoral Act 1992 (Number 23 of 1992).

Appointment of Returning Officer

4. (1) The Council shall appoint persons of competence and integrity to act as a Returning Officer and a substitute returning officer, who shall act in the event that the Returning Officer is unable or unavailable to act, for the purpose of each Election.

(2) In this bye-law, any reference to the Returning Officer in relation to any act, matter or function for which a Returning Officer is appointed by or under this bye-law shall, unless the context otherwise requires, be interpreted as including a reference to the substitute returning officer.

(3) The Returning Officer will ensure, insofar as it is possible, that neither he or she, nor any person employed by him or her, has any conflict of interest, and will avoid any perceived conflict of interest, in relation to the running of the Election. Should a conflict of interest arise, in relation to the Returning Officer, he or she will immediately notify the Council and the substitute Returning Officer will take over the running of the Election. In the case of a conflict arising with an employee, the Returning Officer will discontinue that employee’s involvement in the Election.

(4) The Council and/or the Registration Board shall provide the Returning Officer with all information which the Returning Officer deems necessary for the purposes of conducting the Election.

(5) The Returning Officer may, if he or she considers it necessary for the performance of his or her duties, and with the consent of Council, appoint such person or persons as he or she considers fit and proper to assist him or her.

(6) The Returning Officer or any person appointed by him or her for any purpose relating to the Election shall not be a Candidate or an agent of a Candidate or a Relative of a Candidate at that Election or associated in furthering the candidature of any Candidate at that Election.

(7) The Returning Officer shall not appoint for any purpose relating to the Election a person who to the knowledge of the Returning Officer –

(a) is or has been a Candidate,

(b) has been associated in furthering the candidature of a Candidate, or

(c) is a Relative of a Candidate at that Election.

(8) The Council shall defray the reasonable expenses of a Returning Officer in conducting an Election.

Powers and functions of Returning Officer

5. (1) The Returning Officer shall be responsible for determining all questions of procedure, form, or manner in which the Election shall take place, including any questions as to the manner in which the system of proportional representation shall be conducted, and shall have the duty to ensure the validity and integrity of the nomination and Election processes. He or she shall have all powers necessary to carry out such functions, responsibility and duty, and without prejudice to the generality thereof, shall have the power to make decisions with regard to the qualification or disqualification of candidates, the calculation of quotas, the making of decisions in respect of valid, invalid or spoiled votes, the conduct of counts, the transfer of votes and all other matters which might arise during the course of the Election.

(2) The Returning Officer shall determine the form and content of all nomination papers, ballot papers, declarations, instructions, advertisements and notices required to be issued in accordance with this bye-law.

(3) The Returning Officer will set the date for establishing the Electoral register, the closing date for receipt of nominations, the date for the opening of the poll and the closing date for receipt of ballot papers and shall have power to adjust or revise such dates, should the Returning Officer deem fit in any particular circumstances.

(4) The Returning Officer shall determine the official mark to be used for the purpose of marking ballot papers.

(5) The Returning Officer shall keep or cause to be kept appropriate records in connection with the Election.

(6) The decision of the Returning Officer on any matters arising in respect of the conduct of the Election or otherwise in connection with any Election is final.

Scrutineers

6. (1) For the purposes of each Election the Council may, at the request of the Registration Board, appoint 2 persons to act as scrutineers and such alternate scrutineers (if any) as the Council deems appropriate whose duty shall be to monitor the process of determining the validity of nominations under paragraph 10 and that the counting of votes is carried out in accordance with this bye-law and in an honest, fair and accurate manner. Any alternate scrutineer shall only act when a scrutineer is unavailable or unable to act for whatever reason.

(2) The Council will ensure, insofar as it is possible, that no scrutineer or alternate scrutineer has any conflict of interest in relation to the running of the Election and is not and has not been a Candidate, or an agent or Relative of a Candidate, or otherwise associated in furthering the candidature of any Candidate at an Election. Any scrutineer or alternate scrutineer shall avoid any conflict of interest and any perceived conflict of interest. Should a conflict of interest arise, the scrutineer will notify the Council immediately and discontinue their involvement in the Election.

Notice of Election

7. (1) Within the period specified in paragraph 7(2), the Returning Officer shall cause to be published on www.coru.ie and in one national daily newspaper published and circulating in the State or otherwise as he or she deems appropriate notice of:

(a) The holding of an Election;

(b) The Electoral categories and numbers of vacancies arising in each Electoral category at that Election;

(c) A request for nomination of candidates;

(d) The closing date for receipt of nominations; and

(e)...