STATUTORY INSTRUMENTS

S.I. No. 916 of 2004

Teaching Council (First Election of Members) Regulations 2004

I, Noel Dempsey TD, Minister for Education and Science, in exercise of the powers conferred on me by sections 8(6) and 10 of the Teaching Council Act 2001 (No. 8 of 2001), hereby make the following regulations:

Citation

1.         These Regulations may be cited as the Teaching Council (First Election of Members) Regulations 2004.

Interpretation

2.         (1)       In these Regulations, except where the context otherwise requires -

“Act” means the Teaching Council Act 2001 (No. 8 of 2001);

“ballot box” means a ballot box provided for under Regulation 22 for the reception of covering envelopes returned by electors;

“bye-election” means an election in accordance with Regulation 17;

“candidate” means a person ruled to be a candidate by the returning officer in accordance with Regulation 12;

“elector” means a person whose name is entered in the electoral roll;

“electoral roll” means the roll of electors formed under Regulation 5 for the purposes of the first election of members to the Council;

“eligible primary teacher” or “eligible post primary teacher” means a teacher who is eligible for entry in the electoral roll in accordance with Regulation 5(1);

“first election” means the first election of members to the Council in accordance with these Regulations and references to “election” shall be read accordingly;

“geographical constituency” means a geographical constituency referred to in Regulation 7;

“nominee” means a person who has been nominated as a candidate in accordance with Regulation 9;

“notice of election” has the meaning assigned in Regulation 8;

“official mark” has the meaning assigned in Regulation 21;

“panel” means a panel of candidates as provided for by Regulation 14;

“poll” means a ballot among electors in a geographical constituency;

“register number” has the meaning assigned in Regulation 5(2)(b);

“returning officer” means a person appointed under Regulation 4 to be the returning officer for the purposes of these Regulations;

“vocational education committee” means a committee established under section 7 of the Vocational Education Act 1930 (1930 No. 29).

(2)       In these Regulations -

(a)      a reference to a Regulation or Schedule is to a Regulation of or Schedule to these Regulations, unless it is indicated that reference to some other Regulations is intended, and

(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 reference to some other provision is intended.

Conduct of election

3.         (1)       The first election shall be conducted in accordance with these Regulations.

(2)       Any document provided for under these Regulations which has been translated into the Irish language and approved in writing by the returning officer is valid for the purposes of the first election.

(3)       The forms set out in Schedules 1, 4, 5 and 6 shall be used as far as practicable but a deviation from those forms shall not, by reason only of the deviation, make any application, nomination, consent, ballot paper or declaration, as the case may be, invalid.

Returning officer

4.         (1)       The returning officer for the election or any bye-election, who shall be appointed by the Minister, may appoint in writing one or more than one person to be deputy returning officer or officers and may delegate to any such deputy any of the functions of the returning officer that may be specified in the appointment.

(2)       The returning officer may at any time revoke the appointment of a deputy returning officer appointed under paragraph (1).

(3)       A deputy returning officer shall have all the rights and be subject to all the duties and liabilities of the returning officer in relation to the functions for which he or she is appointed.

(4)       The returning officer or any person employed by him or her for any purpose relating to the election shall not be a candidate or an agent of a candidate at that election or associated in furthering the candidature of any candidate at that election.

(5)       The returning officer shall not employ for any purpose relating to the election a person who to the knowledge of the returning officer -

(a)      is or has been a candidate, or

(b)      has been associated in furthering the candidature of a candidate at that election.

(6)       In these Regulations, any reference to the returning officer in relation to any act, matter or function for which a deputy returning officer is appointed by or under this Regulation shall, unless the context otherwise requires, be interpreted as a reference to the deputy returning officer.

(7)       The reasonable expenses of the returning officer in relation to the conduct of the election shall be defrayed by the Minister.

(8)       On the request of the returning officer for an advance on account of his or her expenses relating to the conduct of the election, the Minister may make an advance on the terms that he or she considers appropriate.

(9)       Subject to these Regulations, the returning officer is responsible for the conduct of the election and his or her decisions on all matters arising are final.

Electoral roll

5.         (1)       A teacher whose remuneration in respect of his or her employment is paid out of funds provided for by the Oireachtas and who is -

(a)      employed as a teacher in a recognised school on 1 April 2004, or

(b)      employed by a vocational education committee on 1 April 2004 and assigned as a teacher in a recognised post primary school on a date not later than 2 days before the date specified under paragraph (4),

is eligible for entry in the electoral roll.

(2)       (a)      Within 21 days of his or her appointment the returning officer shall cause to be formed a provisional electoral roll containing the name, gender, personal public service number, school roll number, school address and electoral category of every eligible primary teacher and eligible post primary teacher recorded on databases maintained by the Minister and by vocational education committees for the purposes of making payments to teachers.

(b)      The returning officer shall assign to each teacher a unique number to be known as the “register number”.

(3)       Within 7 days of the formation of the provisional electoral roll, the returning officer shall -

(a)      make the provisional electoral roll available (other than personal public service numbers) to eligible primary teachers and eligible post primary teachers whose names are entered therein in the manner the returning officer considers appropriate, and

(b)      cause to be published in not less than 3 national daily newspapers published and circulating in the State and in any professional journals or otherwise that the returning officer considers appropriate, a notice to the effect that any eligible primary teacher or any eligible post primary teacher who wishes to take part in the forthcoming election may apply in writing to the returning officer -

(i)        to have his or her name entered in the provisional electoral roll, or

(ii)        where his or her name is already entered, to have his or her name or any other details relevant to that entry amended.

(4)       The returning officer shall, in the notice published under paragraph (3)(b), specify the date by which applications under that paragraph are to be made which date shall be not less than 14 days and not more than 21 days after the date of publication of the notice.

(5)       Applications under paragraph (3)(b) shall be in the form specified in Schedule 1 and may be accompanied by such documents, particulars or other information relating to the application as the applicant considers necessary or appropriate.

(6)       Within 14 days of the date specified under paragraph (4), the returning officer shall examine any application received under paragraph (3)(b) and may -

(a)      amend the provisional electoral roll by entering the name of any eligible primary teacher or eligible post primary teacher whose name was not entered in the provisional electoral roll, or

(b)      amend the name of any eligible primary teacher or post primary teacher whose name was entered in the provisional electoral roll or amend any other details relevant to that entry.

(7)       The returning officer may request such further information from the applicant as he or she considers necessary for the purposes of amending the provisional electoral roll under paragraph (6).

(8)       The provisional electoral roll as amended under paragraph (6) shall be known as the electoral roll.

Electoral categories

6.         (1)       The electoral roll shall provide for 4 categories of electors specified in Schedule 2.

(2)       An elector shall not be entitled to have his or her name entered in more than one category of the electoral roll.

(3)       The categories referred to in paragraph (1) shall be further subdivided into the geographical constituencies referred to in Regulation 7.

(4)       An elector may vote only in respect of the candidates nominated in -

(a)      the category in which the elector is entered in the electoral roll, and

(b)      the geographical constituency in which the elector's school is situated.

Geographical constituencies

7.         (1)       The geographical constituencies in respect of electoral categories for which candidates may be elected to the Council are those geographical constituencies in which the elector's school is situated and which are specified in Schedule 3.

(2)       The number of members to be elected to a geographical constituency in respect of the relevant electoral categories is the number opposite mention of that constituency in Schedule 3.

Publication of notice of election and further information

8.         (1)       Within 7 days of the date specified under Regulation 5(4), the returning officer shall publish notice of the election (in these Regulations referred to as “notice of election”) in not less than 3 daily newspapers published and circulating in the State and also in any professional journals or otherwise that the returning officer considers appropriate.

(2)       In addition to the notice of election, the returning officer may take the steps he or she considers necessary to make the following information available to electors:

(a)      the eligibility requirements for candidates;

(b)      the categories of electors and geographical constituencies;

(c)      the number of candidates who may be elected in each category and geographical constituency of the electoral roll;

(d)      the place at which nomination papers may be obtained;

(e)      the address to which completed nomination papers are to be delivered;

(f)      the date and time by which completed nomination papers shall be received by the returning officer;

(g)      the date on which, the hours during which and the place at which the returning officer will attend to receive and rule on the validity of nomination papers as provided for in Regulations 11(1) and 12(1);

(h)      any other information the returning officer considers appropriate for the conduct of the election.

Nomination of candidates

9.         (1)       A person shall be nominated in writing by means of a nomination paper in the form set out in Part 1 of Schedule 4, signed by 15 electors whose names are entered in the electoral roll in the category and in the constituency for which the candidate is nominated.

(2)       A completed consent form in the form set out in Part 2 of Schedule 4 shall accompany each nomination paper received by the returning officer.

(3)       A nominee shall not be entitled to have his or her name entered on a ballot paper for more than one category or for more than one constituency.

(4)       A nominee shall not be entitled to have his or her name entered on a ballot paper unless he or she has been duly nominated and the nomination has been ruled as being valid by the returning officer.

(5)       Each nominee shall be nominated on a separate nomination paper and an elector may not sign more than one nomination paper.

(6)       A person shall not be nominated as a candidate for election or have his or her nomination withdrawn without his or her written consent.

General provisions regarding agents

10.       (1)       Each nominee for the election may appoint one or more agents and the name of the person or persons so appointed shall be notified to the returning officer in writing by the nominee not less than 7 days before the date fixed under Regulation 11(1).

(2)       An agent whose appointment is notified in writing to the returning officer under paragraph (1) may be present on behalf of the nominee at the ruling on nominations and the counting of votes for the election.

(3)       An agent shall, if so required, produce the written consent of the nominee to his or her appointment as agent for inspection by the returning officer or by any person authorised to act on behalf of the returning officer.

Times for receiving completed nominations

11.       (1)       In respect of the period during which the returning officer may receive nominations, the returning officer shall fix the date on which and the time at which that period expires.

(2)       The date and time referred to in paragraph (1) shall be not less than 7 days and not more than 21 days after the date on which the notice of election is published.

(3)       The returning officer shall, during the period referred to in paragraph (1), attend to receive nominations during the hours and at the place appointed by the returning officer for receiving nomination papers.

Ruling on the validity of nomination papers

12.       (1)       The returning officer shall rule on the validity of each nomination paper received by him or her as soon as practicable after its receipt.

(2)       The returning officer may rule that a nomination paper is invalid where he or she considers that it -

(a)      has been completed incorrectly or is incomplete,

(b)      has not been signed by 15 electors in accordance with Regulation 9, or

(c)      is not accompanied by a completed consent form in accordance with Regulation 9(2).

(2)       (a)      The nominee nominated by each nomination paper and the nominee's agent, if any, shall, by prior arrangement with the returning officer, be entitled to attend while the validity of the nomination paper concerned is being ruled on by the returning officer.

(b)      No other person shall be entitled to attend except with the permission of the returning officer.

(3)       (a)      The returning officer shall object to the name of a candidate in a nomination paper if the name is not the name by which the candidate is entered in the electoral roll.

(b)      Where the returning officer objects in accordance with paragraph (a), he or she shall allow the candidate or agent, as the case may be, to amend the name on the nomination paper.

(c)      If the name is not amended to the returning officer's satisfaction, the returning officer may amend it, as he or she considers appropriate, after consultation with the candidate or agent, if either is present, or may rule that the nomination paper is invalid as not being properly made out.

(4)       (a)      Having ruled on the validity of a nomination paper, the returning officer shall note the decision on the nomination paper and shall sign the note.

(b)      Where the returning officer rules that the paper is invalid, the officer shall include a statement of the reasons for the decision.

(c)      The decision of the returning officer under this regulation is final.

(5)       As soon as practicable after ruling on the validity of a nomination paper, the returning officer shall give written notice of the ruling to the nominee.

(6)       Each nomination paper ruled on as valid shall be endorsed sequentially with a unique number by the returning officer and this number shall determine the order of receipt of valid nominations.

(7)       A nominee or candidate, may, not more than 72 hours after the time fixed under Regulation 11(1), withdraw his or her nomination or candidature, by giving to the returning officer a written notice of withdrawal, signed by the nominee or candidate.

Death of nominee or candidate

13.       (1)       Where, not more than 72 hours after the time fixed under Regulation 11(1), the returning officer is satisfied that a nominee or candidate has died, the returning officer shall immediately deem the nomination or candidature of the nominee or candidate to have been withdrawn.

(2)       Where the death of a nominee or candidate comes to the attention of the returning officer after the time referred to in paragraph (1) this shall not, of itself, invalidate his or her nomination or candidature or any preference recorded for him or her and, if he or she is elected, his or her election shall not be invalidated by reason of his or her death, but the candidate shall be deemed to have vacated his or her membership of the Council on the day on which the newly elected members come into office and the vacancy shall be filled by means of a bye-election held in accordance with Regulation 17.

Panels of candidates

14.       The candidates in each geographical constituency shall be further subdivided into panels as follows -

(a)      in a geographical constituency with provision for one member there shall be a single panel of all candidates;

(b)      in a geographical constituency with provision for 2 members there shall be a panel of all female candidates and a panel of all male candidates;

(c)      in a geographical constituency with provision for 3 members there shall be a panel of all female candidates, a panel of all male candidates and a panel of all candidates.

Publication of nominations

15.       (1)       The returning officer shall, as soon as practicable after ruling on the validity of nomination papers, cause a notice to be displayed outside the place at which the returning officer is receiving nominations stating -

(a)      the name, gender, register number, school address, category and geographical constituency of each candidate validly nominated, and

(b)      the names and register numbers of the electors who nominated each candidate.

(2)       The returning officer may also bring to the notice of electors in the manner he or she considers appropriate the list of candidates validly nominated for the election, the geographical constituencies in which they have been nominated and the relevant panel on which they have been placed.

Election of members

16.       (1)       Where in respect of any panel in any geographical constituency only one candidate is duly nominated, the returning officer shall declare that candidate to be elected.

(2)       Where in respect of any panel in any geographical constituency there is no duly nominated candidate the filling of that vacancy shall be by means of a bye-election to be held in accordance with Regulation 17.

(3)       Where in respect of any panel in any geographical constituency the number of duly nominated candidates exceeds the number of members to be elected to the constituency concerned, a poll of electors in that constituency using the single transferable vote system set out in Schedule 7 shall be taken by the returning officer and the first candidate to reach the quota referred to in paragraph 4 of Schedule 7, or, where no candidate reaches the quota, the last candidate to remain standing after all others have been eliminated shall be deemed to be elected.

Bye-election

17.       Where a bye-election is to occur, it shall be in respect of the panel from which the vacancy arose and these regulations shall apply with any necessary modifications.

Date of poll

18.       (1)       In respect of the period during which the returning officer may receive votes, the returning officer shall fix the date on which and the time at which that period shall expire.

(2)       The date referred to in paragraph (1) shall be not less than 35 days and not more than 49 days after the end of the time for receiving nominations fixed under Regulation 11(1).

Notice of poll

19.       Whenever the returning officer is required to take a poll, he or she shall, as soon as practicable -

(a)      give notice of the taking of the poll, the date of the poll, the place and times for the counting of votes and any other particulars that he or she considers appropriate, and

(b)      cause to be published a notice to this effect in not less than 3 national daily newspapers published and circulating in the State and in any professional journals or otherwise as he or she considers appropriate.

Ballot papers

20.       (1)       The returning officer shall prepare ballot papers for each panel in each geographical constituency in which a poll is to be taken which shall be in the form set out in Schedule 5, setting out the names of the candidates alphabetically in the order of their surnames or, if there are 2 or more candidates having the same surname, in the alphabetical order of their forenames or, if their surnames and forenames are the same, in the order that shall be determined by lot by the returning officer.

(2)       Not less than 21 and not more than 28 days after the date fixed under Regulation 11(1), the returning officer shall in respect of each poll send by post to every elector at his or her school address as set out in the electoral roll-

(a)      a ballot paper with the official mark containing the names of the candidates duly nominated for the constituency which is the subject of the poll,

(b)      a declaration of identity in the form set out in Schedule 6,

(c)      a ballot paper envelope,

(d)      a covering envelope,

(e)      a statement of the provisions of Regulation 23, and

(f)      a statement of the closing date and time for receipt of completed ballot papers.

(3)       The returning officer shall prepare a statement in respect of each geographical constituency showing the total number of ballot papers with an official mark sent to electors under paragraph (2) in respect of each electoral category.

The official mark

21.       (1)       Every ballot paper shall at the time of being sent under Regulation 20 be marked with such visible mark or marks permanently affixed to the ballot paper as the returning officer considers appropriate (in these Regulations referred to as the “official mark”).

(2)       The returning officer shall ensure that the official mark is kept secret before the issue of the ballot papers.

Ballot box

22.       (1)       The returning officer shall provide a ballot box or ballot boxes for the reception of the covering envelopes returned by the electors.

(2)       The returning officer shall, immediately on receipt of covering envelopes, place them unopened in the ballot box or ballot boxes.

(3)       The returning officer shall, on the date and at the time fixed under Regulation 18(1), seal the ballot box or ballot boxes so that no further papers can be inserted and shall make provision for the safe custody of the box or boxes.

(4)       Covering envelopes received after the date and time referred to in paragraph (3) shall be retained unopened by the returning officer and shall be endorsed “received late”.

Procedure for voting

23.       (1)       Each elector shall mark a ballot paper or ballot papers so as to indicate his or her first and any subsequent preferences against the names of the person or persons for whom he or she wishes to vote and shall place the ballot paper or ballot papers, folded face inwards, in the ballot paper envelope and securely fasten the envelope.

(2)       The elector shall -

(a)      sign, in the presence of a witness, the declaration of identity,

(b)      have the declaration duly witnessed and signed by the witness, and

(c)      place the declaration with the ballot paper envelope inside the covering envelope and deliver it by post or otherwise to the returning officer.

Time and place for the counting of votes

24.       (1)       The counting of votes shall commence not later than 96 hours after the date and time fixed under Regulation 18(1).

(2)       The returning officer shall take due precautions for the security of the ballot papers and other documents relating to the polls in any intervening period.

(3)       The returning officer shall appoint a place at which the votes will be counted and shall give each candidate notice of the time and place at which he or she will proceed to open the ballot boxes.

(4)       The returning officer shall, as far as is practicable, proceed with the counting of the votes except during any period that the returning officer, at his or her sole discretion, may exclude for necessary rest and refreshment.

(5)       During any period excluded under paragraph (4) the returning officer shall take due precautions for the security of the ballot papers and other documents relating to the poll.

Attendance at the opening of the ballot box or ballot boxes and the counting of votes

25.       (1)       At the opening of the ballot box or ballot boxes and the counting of votes no person other than candidates, the returning officer, the returning officer's assistants and the candidates' agents may be present, except with the permission of the returning officer.

(2)       The returning officer shall give the candidates and their agents who are present all such reasonable facilities for observing the proceedings at the opening of the ballot box or ballot boxes and the counting of votes and all information in that respect consistent with the orderly conduct of the proceedings and the performance of the returning officer's functions.

Preliminary proceedings

26.       (1)       The returning officer shall, at the time fixed for opening the ballot box or ballot boxes and the counting of votes-

(a)      decide the order in which ballot boxes are to be opened and the ballots counted, including allowing simultaneous counting of votes from more than one geographical constituency,

(b)      open the ballot box or ballot boxes,

(c)      remove the covering envelopes from the ballot box or ballot boxes,

(d)      count and make a written note of the number of envelopes so removed,

(e)      open each covering envelope separately, and

(f)      examine the declarations of identity in each covering envelope.

(2)       Where a declaration of identity is deemed by the returning officer to be valid the ballot paper envelope shall be opened, the ballot paper or ballot papers withdrawn (kept folded face inwards) and placed in special receptacles provided by the returning officer for ballot papers.

(3)       Where a declaration of identity does not appear to accompany the ballot paper envelope, the returning officer shall open the ballot paper envelope and, if it is found to contain the declaration of identity, shall deal with the declaration of identity and ballot paper or ballot papers in accordance with this Regulation.

(4)       Where a ballot paper or ballot papers and declaration of identity are received together, the ballot paper or ballot papers shall not be rejected solely on the ground that the ballot paper or ballot papers and declaration of identity were, or either of them was, not placed in the proper envelopes or envelope or that any such envelope was not sealed.

(5)       Where the returning officer is of the opinion that the declaration of identity has not been duly signed or the signature has not been duly witnessed, the returning officer shall endorse “rejected” on the ballot paper envelope without opening the envelope or, if there is no such envelope, the ballot paper or ballot papers.

(6)       Any ballot paper envelope not containing a ballot paper shall be endorsed “rejected” by the returning officer.

(7)       The returning officer shall show to the candidates and agents present any declaration of identity which he or she proposes to reject on the ground that it has not been properly signed and witnessed and if any objection is made to the returning officer's decision by any candidate or agent, shall add to the endorsement the words “rejection objected to”.

(8)       The returning officer shall keep all rejected declarations of identity with the attached ballot paper envelopes or ballot papers, as the case may be, separate from other documents.

(9)       The returning officer shall, in respect of each geographical constituency and electoral category, keep a written note of the total number of ballot paper envelopes, or ballot papers, rejected under this Regulation.

Conduct of the counting of votes

27.       (1)       The returning officer shall for each poll cause the ballot papers to be scrutinised for the purpose of discovering any ballot papers liable to be rejected and shall, in accordance with the directions set out in Schedule 7, ascertain and record the number of votes given to each candidate.

(2)       In counting the votes for each poll the returning officer shall credit the candidates at the election with votes in accordance with the directions set out in Schedule 7.

(3)       Candidates or their agents shall not handle ballot papers during the counting of votes.

Return of persons elected

28.       The returning officer shall, as soon as practicable, give to every candidate elected written notice of his or her election and shall furnish the Minister with a list of the candidates certified by the returning officer to have been duly elected in each category.

Powers of returning officer

29.       Any question arising with regard to the eligibility of an elector or candidate, the validity of a nomination or ballot paper, or otherwise in connection with the election, shall be determined by the returning officer.

General provision

30.       (1)       The election shall not be invalidated by reason of any misdescription or non-compliance with these Regulations or by reason of any miscount or of the non-delivery, loss or miscarriage in the course of post or otherwise of any document required under these Regulations to be despatched by post or otherwise, if it appears to the returning officer that the election was conducted substantially in accordance with these Regulations, and the result of such misdescription, non-compliance, miscount, non-delivery, loss or miscarriage did not materially affect the result of the election.

(2)       All voting papers received by the returning officer shall be retained by him or her for not less than 12 months after the completion of the election.

SCHEDULE 1

Regulation 5

*This application may be accompanied by such documents, particulars and other information relating to the application as the applicant considers necessary or appropriate.

** Applicants should note that the school address entered against an elector's name on the Electoral Roll will be the address to which an elector's ballot paper will be sent.

SCHEDULE 2

Regulation 6

CATEGORIES OF ELECTORS

SCHEDULE 3

Regulation 7

GEOGRAPHICAL CONSTITUENCIES

Category 1

Category 2

Category 3

Category 4

SCHEDULE 4

Regulation 9

Part 1

Nomination No

(To be inserted by returning officer)

NOMINATION PAPER FOR ELECTION OF MEMBERS TO THE TEACHING COUNCIL

1.             We, the undersigned, being teachers whose names are entered in category 1/2/3/4* [*delete as appropriate] of the electoral roll nominate the teacher named below as a candidate for election to the Teaching Council for that category and the constituency of

*______________________________________[*insert constituency].

2.             We are familiar with the eligibility requirements for nomination as a candidate and declare that -

(a)          we believe that the teacher named as a candidate is eligible for election and we are eligible to nominate this teacher as a candidate,

(b)          the teacher has consented to his or her nomination (see reverse side of paper) and

(c)          we have not signed any other nomination paper.

3.             List and signatures of nominators

A PERSON SHALL NOT SIGN MORE THAN ONE NOMINATION PAPER

Part 2

FORM OF CONSENT FOR ELECTION OF MEMBERS TO THE TEACHING COUNCIL

I consent to be nominated for election to the Teaching Council.

SCHEDULE 5

Regulation 20

BALLOT PAPER FOR THE ELECTION OF MEMBERS TO THE TEACHING COUNCIL

PART 1

(front of ballot paper)

Panel - *Female candidates/male candidates/all candidates [*delete as appropriate]

Instructions

1.                     Enter the figure “1” beside the candidate of your first choice, “2” beside your second choice and so on in order of preference against the name or names of the persons for whom you wish to vote.

2.                     Fold the ballot paper (face inwards) and put it in the ballot paper envelope.

3.                     Place the ballot paper envelope and declaration of identity duly signed and witnessed in the covering envelope and send to returning officer to arrive not later than [ insert date and time ]

PART 2

(Back of ballot paper)

SCHEDULE 6

Regulation 20

DECLARATION OF IDENTITY

I declare that I am the person entitled to receive the enclosed ballot paper or ballot papers and that I have not marked any other ballot paper in the poll for this panel or these panels.

Elector's name (Block Capitals) ______________________________

Register No. in electoral roll  ________________________________

Signed ______________________________

Date    ______________________________

The above-named is personally known to me and has signed this declaration in my presence.

Witness's Name (Block Capitals) _____________________________

Address          ____________________________________________

Occupation      ____________________________________________

Witness's signature    ______________________________

Date                         ______________________________

SCHEDULE 7

Regulation 27

FIRST ELECTION OF MEMBERS TO THE TEACHING COUNCIL RULES RELATING TO THE COUNTING OF VOTES IN ACCORDANCE WITH THE SINGLE TRANSFERRABLE VOTE SYSTEM.

Definitions

1.         In this Schedule -

“continuing candidate” means any candidate not deemed elected and not excluded;

“count” includes -

(a)     all the operations involved in the counting of the first preferences recorded for candidates,

(b)     all the operations involved in the transfer of the votes of an excluded candidate,

(c)     all the operations involved in the transfer of the votes of 2 or more candidates excluded together, and

(d)     all the operations involved in the distribution of the surplus votes of a candidate deemed elected.

“deemed to be elected” means deemed to be elected for the purpose of the counting of the votes but without prejudice to the declaration of the result of the poll;

“determine by lot” means determine in accordance with the following directions, namely, the names of the candidates concerned having been written on similar slips of paper, and the slips having been folded so as to prevent identification and mixed and drawn at random -

(a)      in cases of exclusion, the candidate or candidates shall be excluded in the order in which their names are drawn,

(b)      in cases of surpluses, the surpluses shall be transferred in the order in which the names are drawn, and

(c)      in cases of equality of fractions, the fraction relating to the candidate whose name is first drawn shall be deemed to be the largest;

“mark” means a figure, or word or a mark such as “X”;

“non-transferable paper” means ballot paper on which no second or subsequent preference is recorded for a continuing candidate, provided that a paper shall be deemed to have become a non-transferable paper whenever -

(a)      the names of 2 or more candidates (whether continuing candidates or not) are marked with marks which, in the opinion of the returning officer, indicate the same order of preference and are next in order of preference, or

(b)      the name of the candidate next in order of preference (whether a continuing candidate or not) is marked with a mark which, in the opinion of the returning officer, does not follow consecutively after some other mark on the ballot paper, or with 2 or more marks, or

(c)      it is void for uncertainty;

“original vote” in relation to any candidate, means a vote derived from a ballot paper on which a first preference is recorded for that candidate;

“preference” shall be read as follows:

(a)      “first preference” means any mark which, in the opinion of the returning officer, clearly indicates a first preference;

“second preference” means any mark, which, in the opinion of the returning officer, clearly indicates a second preference standing in succession to a first preference;

“third preference” means any mark which, in the opinion of the returning officer, clearly indicates a third preference standing in succession to a second preference,

and so on;

(b)      “next available preference” means a preference which, in the opinion of the returning officer, is a second or subsequent preference recorded in consecutive order for a continuing candidate, the preferences next in order on the ballot paper for candidates already deemed to be elected or excluded being disregarded;

“quota” has the meaning assigned to it by paragraph 4;

“surplus” means the number of votes by which the total number of the votes, original and transferred, credited to any candidate, exceeds the quota;

“transferable paper” means a ballot paper on which, following a first preference, a second or subsequent preference is recorded in consecutive numerical order for a continuing candidate;

“transferred vote” in relation to any candidate, means a vote derived from a ballot paper on which a second or subsequent preference is recorded for that candidate.

Invalid ballot papers

2.        (1)       Any ballot paper -

(a)       which does not bear the official mark,

(b)       on which the figure “1” standing alone, or the word “one” or any other mark which, in the opinion of the returning officer, clearly indicates a first preference, is not placed at all or is not so placed as to indicate a first preference for some candidate,

(c)       on which the figure “1” standing alone indicating a first preference, or the word “one” or any other mark which, in the opinion of the returning officer, clearly indicates a first preference, is set opposite the name of more than one candidate,

(d)       on which anything is written or marked which, in the opinion of the returning officer, is calculated to identify the elector,

shall be invalid and not counted, but the ballot paper shall not be invalid by reason only of carrying the words “one”, “two”, “three” (and so on) or any other mark which, in the opinion of the returning officer, clearly indicates a preference or preferences.

 (2)       The returning officer may endorse on any ballot paper, which he or she does not reject as invalid, an indication of his or her decision without, however, interfering with any mark placed by the elector on the ballot paper.

 (3)       (a)       The returning officer shall endorse “rejected” on any ballot paper which under this paragraph is not to be counted.

(b)       Any ballot paper endorsed “rejected” by the returning officer shall not subsequently form part of any re-examination or recount as provided for in paragraph 9.

(c)       The returning officer shall prepare a statement showing the number of ballot papers endorsed “rejected” and shall, on request, allow any candidate or candidate's agent to copy the statement.

First count

3.        (1)      The returning officer shall arrange the valid ballot papers in parcels according to the first preferences recorded for each candidate.

 (2)      The returning officer shall then count the number of ballot papers in each parcel and credit each candidate with a number of votes equal to the number of valid ballot papers on which a first preference has been recorded for the candidate and the returning officer shall ascertain the number of all valid ballot papers.

The quota

4.        (1)      The returning officer shall then divide the number of all valid papers by a number exceeding by one the number of members to be elected; the result increased by one, any fractional remainder being disregarded, shall be the number of votes sufficient to secure the election of a candidate and this number is referred to in this Schedule as the “quota”.

 (2)      Where at the end of any count the number of votes credited to a candidate is equal to or greater than the quota, that candidate shall be deemed to be elected.

Transfer of surplus

5.        (1)      Where at the end of any count the number of votes credited to a candidate is greater than the quota, the surplus shall be transferred in accordance with and subject to this paragraph to the continuing candidate or candidates indicated on the ballot papers in the parcel or sub-parcel of the candidate deemed to be elected according to the next available preferences recorded thereon.

 (2)      Where the votes credited to a candidate deemed to be elected whose surplus is to be transferred consist of original votes only, the returning officer shall examine all the papers in the parcel of that candidate and shall arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon.

 (3)      Where the votes credited to a candidate deemed to be elected whose surplus is to be transferred consist of original and transferred votes, or of transferred votes only, the returning officer shall examine the papers contained in the sub-parcel last received by that candidate and shall arrange the transferable papers therein in further sub-parcels according to the next available preference recorded thereon.

 (4)      In either of the cases referred to in subparagraphs (2) and (3) the returning officer shall make a separate sub-parcel of the non-transferable papers and shall ascertain the number of papers in each sub-parcel of transferable papers and in the sub-parcel of non-transferable papers.

 (5)      Where -

(a)       the surplus is equal to the total number of papers in the sub-parcels of transferable papers, the returning officer shall transfer each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voter's next available preference,

(b)       the surplus is greater than the total number of papers in the sub-parcels of transferable papers, the returning officer shall proceed as specified in clause (a) and shall in addition make a sub-parcel of a number of non-transferable papers equal to the difference between such total number and the surplus and set the papers therein aside as finally dealt with, such papers being described as non-transferable papers not effective, and the non-transferable papers, as the case may be, also arranged as a sub-parcel shall be placed with the papers of the candidate deemed to be elected.

 (6)      Where the surplus is less than the total number of transferable papers the following provisions apply:

(a)       the returning officer shall transfer from each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters' next available preference that number of papers which bears the same proportion to the number of papers in the sub-parcel as the surplus bears to the total number of transferable papers;

(b)       the number of papers to be transferred from each sub-parcel shall be ascertained by multiplying the number of papers in the sub-parcel by the surplus and dividing the result by the total number of transferable papers;

(c)       a note shall be made of the fractions (which may be expressed in decimal form), if any, in each quotient ascertained in respect of each candidate in accordance with clause (b) and if, owing to the existence of such fractions, the number of papers to be transferred is less than the surplus, so many of these fractions taken in the order their magnitude (beginning with largest) as are necessary to make the total number of papers to be transferred equal to the surplus shall be reckoned as of the value of unity and the remaining fractions shall be disregarded;

(d)       where 2 or more fractions are of equal magnitude, and it is not possible for the purposes of clause (c) to reckon all of those fractions as of the value of unity, that fraction shall be deemed to be the largest which arises from the largest sub-parcel, and if those sub-parcels are equal in size, that fraction shall be deemed to be the largest which relates to the candidate credited with the largest number of original votes. Where the numbers of those original votes are equal, regard shall be had to the total number of votes credited to those candidates at the first count at which they were credited with an unequal number of votes, and the fraction relating to the candidate credited with the greatest number of votes at that count shall be deemed to be largest. Where the numbers of votes credited to those candidates were equal at all counts the returning officer shall determine by lot which fraction shall be deemed to be the largest.

 (7)      The papers to be transferred from each sub-parcel shall be those last filed in the sub-parcel, and each paper so transferred shall be marked to indicate the number of the count at which the transfer took place.

 (8)      The returning officer shall not transfer the surplus of a candidate deemed to be elected whenever that surplus, together with any other surplus not transferred, is less than both the difference between the quota and the number of votes credited to the highest continuing candidate and the difference between the numbers of the votes credited to the 2 lowest continuing candidates and either -

(a)       the number of votes credited to the lowest candidate is greater than one quarter of the quota, or

(b)       the sum of the number of votes credited to the lowest candidate together with that surplus and any other surplus not transferred is not greater than one quarter of the quota.

 (9)      Where at any time there are 2 or more surpluses which are to be transferred, the greater or greatest of such surpluses shall first be transferred and the remaining surplus or surpluses shall then, subject to subparagraph (8), be transferred in the order of their descending magnitude.

 (10)    Where 2 or more candidates have each an equal surplus arising from the same count regard shall be had to the number of original votes credited to each candidate and the surplus of the candidate credited with the largest number of original votes shall be first dealt with. Where the numbers of such original votes are equal regard shall be had to the total number of votes credited to such candidates at the first count at which they had an unequal number of votes and the surplus of the candidate with the greatest number of votes at that count shall be first dealt with. Where the numbers of votes credited to such candidates were equal at all counts the returning officer shall determine by lot which surplus shall be first dealt with.

 (11)    Subject to subparagraphs (8) and (9), where 2 or more candidates have a surplus arising from different counts, a surplus which arises at the end of any count shall be transferred before a surplus which arises at a subsequent count.

Exclusion of candidate

6.        (1)      If at any time no candidate has a surplus (or when under paragraph 5(8) an existing surplus is not transferred) and one or more vacancies remain unfilled, the returning officer shall -

(a)       exclude the candidate or candidates credited with the lowest number of votes,

(b)       examine all the ballot papers of that candidate or candidates,

(c)       arrange the transferable ballot papers in sub-parcels according to the next available preferences recorded thereon for continuing candidates,

(d)       transfer each sub-parcel to the candidate for whom that preference is recorded, and

(e)       make a separate sub-parcel of the non-transferable ballot papers.

 (2)      The non-transferable ballot papers shall be set aside and not further taken into account and shall be labelled as non-transferable ballot papers not effective.

 (3)      Where the total of the votes of the 2 or more lowest candidates together with any surplus not transferred is less than the number of votes credited to the next highest candidate, the returning officer may in one operation exclude those 2 or next lowest candidates.

 (4)      If, when a candidate has to be excluded under this paragraph, 2 or more candidates have each the same number of votes and are lowest, regard shall be had to the numbers of original votes credited to each of those candidates, and the candidate with the lowest number of original votes shall be excluded and where the number of the original votes are equal, regard shall be had to the total numbers of votes credited to those candidates at the first count at which they had an unequal number of votes and the candidate with the lowest number of votes at that count shall be excluded and, where the numbers of votes credited to those candidates were equal at all counts, the returning officer shall determine by lot which shall be excluded.

Transfer of votes.

7.        (1)      Where a transfer of votes is made under paragraph 5, each sub-parcel of papers transferred shall be placed on top of the parcel, if any, of papers of the candidate to whom the transfer is made, and that candidate shall be credited with a number of votes equal to the number of papers transferred to that candidate.

 (2)      If, after any transfer, a candidate has a surplus, that surplus shall be dealt with in accordance with and subject to paragraph 5 before any other candidate is excluded.

Filling of vacancy without reaching quota

8.        (1)      Where there is only one continuing candidate after the other candidates have been excluded and that continuing candidate has not reached the quota he or she shall be deemed to be elected.

 (2)      Where the number of continuing candidates is equal to the number of vacancies remaining unfilled, the continuing candidates shall thereupon be deemed to be elected.

Recount

9.        (1)      Any candidate or candidate's agent present at the counting of votes may, at the conclusion of any count, request the returning officer to re-examine and recount all or any of the papers dealt with during that count and the returning officer shall, as soon as practicable, re-examine and recount the papers accordingly, without making any alterations in the arrangement of the papers in the various parcels, save where such alterations may be necessary in consequence of any error discovered in the recount.

 (2)      The returning officer may also at his or her discretion recount papers either once or more often in any case in which he or she is not satisfied as to the accuracy of any count but nothing in this paragraph shall make it obligatory for the returning officer to recount the same parcel of papers more than once.

 (3)      The power of the returning officer under subparagraphs (1) and (2) to recount at his or her discretion papers in any case in which he or she is not satisfied as to the accuracy of any count shall extend to papers dealt with at an earlier count than the immediately preceding one.

 (4)      (a)        One request (and not more) may be made by each candidate or by his or her agent for a complete re-examination and recount of all parcels of ballot papers and the returning officer shall as soon as practicable re-examine and recount the parcels of ballot papers accordingly.

(b)        In the re-examination and recount, the number or order of ballot papers in any parcel shall not be disturbed.

(c)        Nothing in this paragraph shall make it obligatory on the returning officer to re-examine or recount the same parcel of papers more than once, but if an error is discovered which is, in the opinion of the returning officer, a significant error likely to affect the result of the election, the returning officer shall count all the papers afresh from the point at which the error occurred.

(d)        Nothing in this paragraph shall make it obligatory for the returning officer to comply with a request by a candidate or his or her agent which, in the opinion of the returning officer, is frivolous or vexatious.

(e)        A request under this subparagraph may be made only at the conclusion of a count.

 (5)      Where an error is discovered, the returning officer shall, where necessary, amend any results previously announced by him or her.

 (6)      Where a request made under subparagraph (4)(a) is withdrawn by the candidate concerned, it shall be open to the returning officer not to proceed or to proceed further with the re-examination and recount.

Declaration of the result of the poll

10.      On the completion of the counting of votes the returning officer shall determine and declare the results of the poll and the candidates deemed to be elected shall stand elected.

Decisions of returning officer

11.      The decision of the returning officer, whether expressed or implied by his or her acts, on any question which arises at a count in relation to the exclusion of any candidate under paragraph 6 or to any ballot paper or transfer of votes is final.