Medical Council (Election of Registered Medical Practitioners) Regulations 2013

JurisdictionIreland
CitationIR SI 22/2013

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th January, 2013.

I, JAMES REILLY, Minister for Health, in exercise of the powers conferred on me by section 18 (1) of the Medical Practitioners Act 2007 (No. 25 of 2007), hereby make the following regulations:

Citation

1. These Regulations may be cited as the Medical Council (Election of Registered Medical Practitioners) Regulations 2013.

Interpretation

2. In these Regulations—

“Act” means the Medical Practitioners Act 2007 (No. 25 of 2007), as amended by the Health (Miscellaneous Provisions) Act 2007 (No. 42 of 2007), the Health (Miscellaneous Provisions) Act 2010 (No. 18 of 2010), and the Medical Practitioners (Amendment) Act 2011 (No. 12 of 2011);

“election” means an election referred to in section 17(1)(f) of the Act;

“first election” means the first election conducted in accordance with these Regulations;

“Minister” means the Minister for Health;

“Regulations of 2008” means the Medical Council (Election of Registered Medical Practitioners) Regulations 2008 ( S.I. No. 23 of 2008 );

“returning officer”—

(a) in relation to the first election, means the person referred to in Regulation 4(1),

(b) in relation to any other election, means the person appointed under Regulation 4(2) to be the returning officer for the purposes of the election;

Conduct of elections

3. Elections shall be conducted in accordance with these Regulations.

Returning officer

4. (1) Notwithstanding the revoking of the Regulations of 2008, the person who was appointed the returning officer in December 2012 under the Regulations of 2008 shall be deemed to be the returning officer for the first election.

(2) The Council shall appoint a person to be a returning officer for the purposes of an election other than the first election.

(3) Subject to the provisions of these Regulations, the returning officer shall be responsible for the conduct of an election.

(4) The Council shall defray the expenses of the returning officer in conducting an election.

Nominations

5. (1) Not later than 4 months before the expiration of the term of office of members of the Council (but, in the case of the first election, on such date or dates as may be decided by the returning officer), there shall be published, on behalf of the returning officer, in one or more daily newspapers circulating in the State and on the Council’s website, public notice of—

(a) the day and hour (hereinafter referred to as the expiration of the time for receiving nominations) on and at which the period during which the returning officer may receive nomination papers will expire,

(b) the day on which, the time during which and the place at which the returning officer will attend to receive nomination papers, for the election in respect of the six descriptions of medical practitioner referred to in section 17(8) of the Act, and

(c)(if a poll is taken) the day and hour on and at which the period during which the returning officer may receive votes will expire.

(2) The notice referred to in paragraph (1) shall be in the form the returning officer deems appropriate.

(3) The returning officer may arrange for the publication of the notice referred to in paragraph (1) in such other publications as the returning officer considers appropriate.

(4) The expiration of the time for receiving nominations shall be not less than 21 days and not more than 30 days after the first publication of the notice referred to in paragraph (1).

(5) The returning officer shall on the last day for receiving nominations attend to receive nominations between the hours of 10 a.m. and 1 p.m. at the place appointed by the returning officer for receiving nomination papers. Every nomination paper delivered to the returning officer at any time before the commencement of those hours may be delivered to the returning officer by post or in person and shall be retained by the returning officer and produced by the returning officer at the commencement of those hours and shall for the purpose of these Regulations and all other purposes be deemed to have been delivered to the returning officer at the beginning of those hours.

(6) A candidate for election shall be a registered medical practitioner practising medicine in the State (but excluding any visiting EEA practitioner) on the day preceding the last day for receiving nominations and shall be nominated in writing and such writing shall be subscribed by not less than 10 other registered medical practitioners and shall, together with a completed declaration of consent to nomination by the candidate in a form to be specified by the returning officer and published on the Council’s website, be delivered so as to reach the returning officer at any time between the date the notice referred to in paragraph (1) is published and the expiration of the time for receiving nominations.

(7) Each candidate shall be nominated by a separate nomination paper (except that, subject to paragraph (11), if more than one nomination paper is delivered or given to the returning officer in respect of the same candidate, the nomination papers concerned shall be treated as a single nomination paper for that candidate). The nomination paper shall be in a form to be specified by...

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