Statutory Instrument 2001 No. 15
The General Osteopathic Council (Election of Members and Chairman of Council) Rules Order of Council 2001
(The document as of February, 2008. Arhiv.Online Library)
2001 No. 15
The General Osteopathic Council (Election of Members and Chairman of Council) Rules Order of Council 2001
Whereas in exercise of its powers under section 35(2) of, and paragraphs 10 and 14(5) of the Schedule to, the Osteopaths Act 1993 ("the Act"), and of all other powers enabling it in that behalf, the General Osteopathic Council has made the General Osteopathic Council (Election of Members and Chairman of Council) Rules 2000 as set out in the Schedule to this Order:
And whereas by section 35(1) of the Act the approval of the Privy Council is required for this exercise of the powers of the General Osteopathic Council:
Now, therefore, Their Lordships, having taken the Rules into consideration, in exercise of their powers under section 36 of the Act, and of all others powers enabling them in that behalf, are pleased to, and do hereby, approve them.
This Order may be cited as the General Osteopathic Council (Election of Members and Chairman of Council) Rules Order of Council 2001 and shall come into force on 17th January 2001.
A. K. Galloway
Clerk of the Privy Council
The General Osteopathic Council, in exercise of the powers conferred on them by section 35(2) of, and paragraphs 10 and 14(5) of the Schedule to, the Osteopaths Act 1993 and of all other powers enabling them in that behalf, hereby make the following Rules:
Citation, commencement and interpretation
1. - (1) These Rules may be cited as the General Osteopathic Council (Election of Members and Chairman of Council) Rules 2000 and shall come into force on 17th January 2001.
(2) In these Rules, except where the context otherwise requires -
(b) "the Chairman" means the Chairman of the Council or, as the case may be, any person acting on behalf of the Chairman in accordance with Rule 4 of the Constitution and Procedure Rules but does not include any person appointed under paragraph 48 of the Schedule to the Act;
(c) "the Constitution and Procedure Rules" means the General Osteopathic Council (Constitution and Procedure) Rules 1998;
(d) "the Council" means the General Osteopathic Council;
(e) "count" means either the count as a whole or any stage of the count;
(f) "elected member" means a member elected in accordance with these Rules;
(g) "member" means a member of the Council;
(h) "non-transferable form" means a valid voting form on which no second or subsequent preference is recorded for a remaining candidate;
(i) "osteopath" means any person whose name is on the register of osteopaths;
(j) "the register" means the professional register of osteopaths maintained by the Registrar under section 2 of the Act;
(k) "the Registrar" means the Registrar of the Council as appointed under section 2 of the Act;
(l) "remaining candidate" means any candidate who has neither been elected nor eliminated from the election at any given time;
(m) "transferable form" means a valid voting form on which, following the first preference, a second or subsequent preference is recorded in consecutive numerical order for a remaining candidate, the preferences next in order on the voting form for candidates already elected or eliminated from the poll being ignored;
(3) In these Rules -
(ii) Any reference to a numbered paragraph shall be construed as a reference to the paragraph bearing that number in the rule in which it occurs; and
(iii) Any reference to a numbered schedule shall be construed as a reference to the schedule to these Rules bearing that number.
Election of members of the Council
2. - (1) The election of members who are elected to the Council (including election at a by-election) shall take place in accordance with the rules set out in Schedule 1.
(2) General elections shall be held before the end of the three year transitional period and thereafter before the end of each successive term of office of five years of elected members of the Council.
(3) By-elections to fill casual vacancies shall be held at such times as (subject to the provisions of the Constitution and Procedure Rules) the Council may determine.
Election of Chairman
3. - (1) The election to the office of Chairman of the successor to the person appointed under paragraph 48 of the Schedule to the Act shall be held at the first meeting of the Council to be held after the first election of members under paragraph 1(a) of the Schedule to the Act and notice of the election given to all members of the Council entitled to be present at the meeting.
(2) Thereafter, an election to the office of Chairman shall be held at a meeting of the Council and notice of the election given in the programme of business.
(3) If a vacancy occurs or is due to occur in the office of Chairman or the Chairman gives notice that he intends to resign as Chairman or as a member of the Council on a stated date, the Registrar shall notify other members forthwith and an election to the office of Chairman shall be held at the next meeting of the Council after the expiration of two months from the notification to members of the vacancy, prospective vacancy or intended resignation.
(4) An election to the office of Chairman shall be held in accordance with the rules set out in Schedule 2.
(5) A person who has been elected to the office of Chairman may, prior to the date of commencement of his term of office attend as an observer at meetings of committees and sub-committees of which he is not already a member.
Given under the official seal of the General Osteopathic Council this
fourteenth day of December two thousand.
(b) The Returning Officer may, subject to the approval of the Council, delegate such administrative functions relating to the conduct of elections under these rules as he may deem appropriate to Electoral Reform (Ballot Services) Limited or to such similar body or person as he may appoint for the purpose.
2.The Returning Officer shall fix the last day on which nomination forms may be returned and at least 14 days before that day shall cause a notice of the election to be brought by such means as he considers appropriate to the attention of registered osteopaths entitled to vote in the election at their registered addresses. The notice may contain such information as the Council may determine and shall specify the number of persons to be elected, the place to which nomination forms are to be returned and the last day on which they are to be returned.
(b) Nomination forms shall be in such medium as the Council shall determine and shall contain the name, registered address and registration details both of the candidate and of the nominators, together with a declaration signed by the candidate that he consents to be nominated and will accept office if duly elected.
(c) Each nomination form shall be accompanied by a photograph of the candidate and by such further information, including a personal statement not exceeding 100 words in length by the candidate, as the Council shall determine.
5.Any person entitled to vote in the election may nominate any number of candidates not exceeding the number to be elected and if he signs more than the permitted number of nomination forms, his signature shall be inoperative in all but those forms up to the permitted number which are first received by the Returning Officer.
(ii) may in addition indicate his preference for as many of the other candidates as he pleases by placing against their names the figures 2, 3, 4 and so on, in the order of his choice.
(b) A voting form shall be invalid if:
(ii) it contains the figure 1 and any other figure or mark against the name of the same candidate, or
(iii) the first preference of the voter cannot be determined from it;
(c) A voting form shall be considered to have become a non-transferable form if it cannot be determined for which of the remaining candidates the next available preference is recorded.
12.The voter must return the voting form by the last day fixed for the return of the voting forms, through the post or otherwise as the Council shall determine, to the place at which voting forms are returnable.
(ii) sort the valid voting forms in accordance with the first preferences recorded for each candidate;
(iii) credit each candidate with the number of valid forms on which a first preference has been recorded against his name;
(iv) ascertain the total number of valid forms; and
(v) calculate the quota.
Calculation of quota
(b) If the votes credited to an elected candidate consist of original and transferred votes, or of transferred votes only, the Returning Officer shall examine the voting forms contained in the sub-set last received by the elected candidate whose surplus is to be transferred.
(c) In either case the Returning Officer shall sort the transferable forms into sub-sets according to the next available preferences recorded thereon, shall make a separate sub-set of the non-transferable forms and shall ascertain the total number of transferable forms.
(d) If the total number of transferable forms is greater than the surplus the Returning Officer shall calculate the new reduced value of each transferable form by dividing the surplus by the total number of transferable forms to two decimal places. If not exactly divisible the hundredth lower shall be used and the value remaining shall be recorded on the counting sheet against the designation "non-distributable remainder". The new value shall then be clearly recorded in respect of each transferable form.
(e) If the total number of transferable forms in the sub-set is less than or equal to the surplus, the Returning Officer shall transfer the whole of each sub-set of transferable votes to the remaining candidate indicated in the voting forms as the voters' next available preference at the value at which they were received from the previously elected candidate.
Elimination of candidates
(b) If the total of the votes of the two or more candidates lowest on the poll is less than the number of votes credited to the next highest candidate the Returning Officer may at the same count eliminate those lowest candidates from the poll, and transfer their votes as provided in this rule.
(c) If, when a candidate has to be eliminated, two or more candidates have each the same number of votes and are lowest on the poll, the candidate with the lowest number of votes at the earliest count at which the candidates in question had an unequal number of votes shall be eliminated, and, where the number of votes credited to those candidates were equal at all counts, the Returning Officer shall determine by lot which shall be eliminated.
Election of candidates
(b) If at the end of any count the number of elected candidates is equal to the number of vacancies to be filled, no further transfer of votes shall be made.
(c) If, on the elimination of a candidate or candidates, the number of the then remaining candidates is equal to the number of vacancies unfilled, the remaining candidates shall thereupon be elected and no further transfer of votes shall be made.
Recounting of voting forms
(b) The Returning Officer may also, at his discretion, re-count voting forms either once or more often in any case in which he is not satisfied of the accuracy of any previous counting of the votes: Provided that nothing herein shall make it obligatory on the Returning Officer to re-count the same voting forms more than once.
(c) On any re-count, subject to such modifications as may be necessary by reason of any error in the original counting of the votes, each voting form shall take the same course as at the original counting of the votes.
1.Each candidate for election shall be nominated by a proposer and a seconder who shall be members of the Council. The candidate shall also sign and submit to the Registrar a declaration that he or she consents to be nominated and will accept office if duly elected.
2.Nomination forms and declarations shall be submitted to the Registrar not less than two weeks before the date of the meeting at which the election is to take place.
3.The chair shall be taken by the Chairman if not seeking re-election or by another member, who is not a candidate, elected for that purpose.
4.There shall be no speeches by candidates, their proposers or seconders.
5.Every member present shall be entitled to one vote and every member not present shall be entitled to vote by sending to the Registrar not later than the commencement of the meeting at which the election is to take place written notice of his voting intentions. The numbers of votes cast shall be announced.
6.The election shall take place by secret ballot and, if necessary, by successive secret ballots until one candidate has an overall majority of the votes cast.
(This note is not part of the Order)
This Order, which is made under the Osteopaths Act 1993, approves Rules made by the General Osteopathic Council which provide for the procedure to be followed when electing the twelve members required by paragraph 1(a) of the Schedule to the Act and the Chairman of its Council.
 1993 c. 21.back
 1993 c. 21.back
 Scheduled to S.I. 1998/1019.back
ISBN 0 11 019036 X