Proposed regulations: elections to the reformed Council
Notice is hereby given that the Council of the Society has made regulations
concerning the election of Council members and appointed Council members.
These regulations are intended to take effect after the expiry of 60 days from
the date of this notice, subject to such amendments as the Lords of the Privy
Council may require.
Previously, the Society’s Byelaws have been made under powers provided
either by the Charter or by legislation. Under the Society’s new governing
documents, the terminology will be different: the Council will make regulations
under the new Charter and rules under the new legislation. These regulations
will replace Section XII of, and the First Schedule to, the Society’s Byelaws.
Regulation 1: Election of Council members
Elections
1.1 Elections to elect pharmacists or pharmacy technicians to membership of
the Council shall be held in accordance with this regulation.
Interpretation
1.2 In this regulation:
“ the Effective Date” means the day after the day of the Annual General
Meeting (“AGM”) of the Society in 2005
“ Secretary” means the Secretary (or chief executive officer by whatever
title known) of the Society and includes any deputy or acting Secretary or other
person fulfilling the office of Secretary and any person (not being a member
of the Council) authorised by the Secretary
“general election” means an election held on the expiry of the terms
of office of members of the Council
“Register of Pharmacists” means the register of pharmaceutical chemists
“Register of Pharmacy Technicians” means the register of pharmacy
technicians maintained by the Society
“pharmacy technician” means a person registered in the Register
of Pharmacy Technicians and not registered in the Register of Pharmacists.
Returning Officer
1.3 (1) The Secretary shall act as Returning Officer for elections under this
regulation.
(2) The Returning Officer shall invite each candidate to supply by an appointed
date and time and in the form specified:
(a) particulars of his qualifications;
(b) information about his professional activities;
(c) an election statement; and
(d) a recent photograph of himself.
(3) The Returning Officer shall not be required to publish an election statement,
information about professional activities and statement of relevant interests
relating to a candidate which together exceed 630 words.
(4) The Returning Officer shall not be required to publish anything which in
the Returning Officer’s opinion is or may be libellous or untrue on matters
of fact.
(5) The Returning Officer may, in consultation with the candidate, issue a
statement of clarification if in his opinion any part of an election statement
refers to matters outside the current functions, powers and duties of the Society.
(6) The Returning Officer shall inform all candidates of the outcome of an
election and shall publish the results of the election.
Reserved places for constituencies
1.4 (1) Three places on the Council shall be reserved for pharmacists who are
normally resident in each of three national constituencies.
(2) The three national constituencies shall be:
(a) England, the Isle of Man and the Channel Islands;
(b) Scotland; and
(c) Wales.
Election to reserved places and remaining places
1.5 (1) Pharmacists filling the reserved places referred to in paragraph 1.4(1)
shall be elected by ballot of pharmacists whose addresses in the Register
are in the relevant national constituency.
(2) Pharmacists shall be elected to the reserved places on the Council on a
first past the post basis.
(3) A pharmacist may be nominated as a candidate in a national constituency
and as a candidate for election to a place on the Council not reserved to a
national constituency in the same election.
(4) In the circumstances referred to in paragraph (3) above, the candidate
receiving the highest number of votes in a national constituency shall be deemed
to have been elected in that constituency and any votes he has received in
respect of a place on the Council not reserved to a national constituency in
the same election shall be void.
(5) Pharmacists filling places on the Council other than the reserved places
referred to in paragraph 1.4(1) shall be elected by ballot of all pharmacists.
(6) Pharmacists shall be elected to the Council on a first past the post basis.
(7) An election (“the first election”) to elect the seventeen pharmacists
who shall be elected members of the Council from the Effective Date shall be
held before that date.
Period of office
1.6 (1) At the first election, the three pharmacists elected in national constituencies
and the three pharmacists elected with the highest numbers of votes to places
on the Council not reserved to a national constituency shall be elected for
a period of three years.
(2) The six pharmacists elected with the next highest numbers of votes to places
on the Council not reserved to a national constituency shall be elected for
a period of two years.
(3) The remaining five pharmacists elected to the Council shall be elected
for a period of one year.
(4) At subsequent elections (other than a by-election to fill a casual vacancy)
elected members of the Council shall be elected for a period of three years.
(5) After the first election, elections to places on the Council for pharmacists
shall be held every year.
(6) The members of the Council leaving office shall be reported to the Council
by the Returning Officer before the notice of election is issued.
Provisions for pharmacy technicians
1.7 (1) An election shall be held before the Effective Date to elect the two
pharmacy technicians who shall be members of the Council from that date (the “first
pharmacy technician members”).
(2) Candidates in the election of the first pharmacy technician members shall
be self-nominated.
(3) The first pharmacy technician members shall be elected by ballot of all
registered pharmacy technicians on a first past the post basis.
(4) Of the first pharmacy technician members, the one elected with the highest
numbers of votes shall serve for three years and the other shall serve for
two years.
(5) All subsequent pharmacy technician members shall be elected to the Council
for a period of three years by ballot of all registered pharmacy technicians
on a first past the post basis.
Eligibility for election
1.8 (1) A pharmacist or pharmacy technician shall only be eligible for election
to the Council if his name appears within Part 1 (practising) of the Register
of Pharmacists or, as the case may be, the Register of Pharmacy Technicians.
(2) A pharmacist or pharmacy technician shall only be eligible for election
to the Council if he is normally resident in Great Britain, the Isle of Man
or the Channel Islands.
(3) If in the opinion of the Council any elected member of the Council ceases
to be normally resident in Great Britain, the Isle of Man or the Channel Islands,
he shall cease to be a member of the Council.
(4) A pharmacist shall only be eligible for election in a national constituency
if he is normally resident in that constituency.
(5) If in the opinion of the Council any member of the Council elected in a
national constituency ceases to be normally resident in that constituency,
he shall cease to be a member of the Council.
(6) If a pharmacist or pharmacy technician ceases to be a member of the Council
under this regulation the resulting vacancy shall be treated as a casual vacancy.
(7) No pharmacist or pharmacy technician shall be eligible for election if
he has failed to pay by the date and time fixed for the return of nomination
forms any retention fee or penalty then due and payable by him to the Society.
(8) No person may be elected as a member of the Council for more than three
consecutive terms of office, each of up to three years.
(9) Any member of the Council elected in the first election who has served
six or more consecutive years on the Council immediately prior to that election
shall be eligible to serve only one consecutive term from the Effective Date.
(10) Any member of the Council elected in the first election who has served
less than six consecutive years on the Council immediately prior to that election
shall be eligible to serve three consecutive terms from the Effective Date.
(11) No person who has served as a member of the Council for three consecutive
terms of office shall be eligible for re-election until a period of three years
after leaving office has expired.
Eligibility to vote
1.9 (1) Subject to paragraphs (2) to (5) below:
(a) all pharmacists registered with the Society shall be entitled to vote in
the election of pharmacist members of the Council; and
(b) all pharmacy technicians registered with the Society shall be entitled
to vote in elections to seats on the Council for such technicians.
(2) Only pharmacists whose addresses in the Register are in the relevant constituency
on the date when the electoral roll is passed to the election organisers shall
be entitled to vote in an election in a national constituency.
(3) A person who becomes registered with the Society after the date on which
the electoral roll is passed to the election organisers shall not be entitled
to receive a voting paper in that election.
(4) A person whose registration with the Society is suspended on the date when
the electoral roll is passed to the election organisers shall not be entitled
to vote in an election under this regulation.
Notice of election
1.10 (1) The Returning Officer shall fix the time and date by which nomination
forms shall be returned and at least 21 days before that date shall publish
a notice of the election.
(2) For the first election, the requirement referred to in paragraph (1) above
shall be treated as having been met provided that a notice of the first election
has been published at least 21 days before the deadline fixed for the return
of nomination forms.
(3) The notice shall specify:
(a) the number of persons to be elected;
(b) any national constituency in which a vacancy arises;
(c) the place to which nomination forms are to be returned; and
(d) the time and date by which they are to be returned.
Nominations
1.11 (1) Nominations for election shall be made on a nomination form provided
by the Returning Officer.
(2) Each prospective candidate for election shall be nominated on a nomination
form signed by ten nominators in the case of a pharmacist candidate or by five
nominators in the case of a pharmacy technician candidate.
(3) All nominators shall be persons eligible to vote for the candidate in question.
(4) A duly completed nomination form shall include:
(a) the registered name, registered address, registration number and age of
the prospective candidate;
(b) the registered names and registration numbers of the required nominators
and their signatures.
(5) A prospective candidate shall also provide with the nomination form:
(a) a signed declaration that:
(i) the information provided in the nomination form is correct;
(ii) he consents to be nominated;
(iii) he will accept office if duly elected; and
(iv) he is eligible to serve as the trustee of a charity;
(b) details of the date and terms of any relevant adverse decision of which
he has been the subject, including adverse decisions by the Society or another
regulatory body on his fitness to practise, and of any criminal convictions,
or a statement that he has not been the subject of any relevant adverse decision;
and
(c) a statement of relevant interests or that he has no relevant interests.
(6) Every nomination form shall, on or before the deadline fixed for the return
of nomination forms, be delivered by post, by hand or by fax (or by such other
method as may be determined by the Returning Officer) at the place appointed.
(7) A nomination form which has not been properly completed, or is not accompanied
by the items mentioned at paragraph (5) (a) to (c) above, or is received after
the due deadline, shall be invalid.
(8) A nomination form may be withdrawn by notice in writing signed by the prospective
candidate and delivered at the place appointed on or before that deadline.
(9) If a prospective candidate dies or ceases to be eligible for election before
the close of the nomination period, the nomination form shall be treated as
having been withdrawn.
Holding of election
1.12 (1) If the number of pharmacist or pharmacy technician candidates (for
pharmacists, in a national constituency or for election to places on the
Council not reserved to a national constituency) is equal to the number of
vacancies for such candidates and the period for voting has not commenced,
the Returning Officer shall declare the candidates elected.
(2) If the number of candidates is fewer than the number of vacancies, the
Returning Officer shall declare the candidates elected and a by-election shall
then be held to secure the remaining Council members.
(3) If the number of candidates is greater than the number of vacancies, the
Returning Officer shall cause an election to be held.
Voting
1.13 (1) The Returning Officer shall fix the time and date by which voting
forms must be returned.
(2) At least 14 days before this deadline, the Returning Officer shall send
a voting form to each person entitled to vote in that election at his registered
address.
(3) The voting form shall include:
(a) a list of the candidates in alphabetical order giving in respect of each
candidate his:
(i) registered name;
(ii) age; and
(iii) registered address;
(b) the national constituency in which each candidate is standing for election
(if applicable);
(c) the deadline for return of voting forms; and
(d) instructions on the voting procedure.
(4) The voting forms shall disclose the information provided by candidates
under sub-paragraphs 1.12(5)(b) and (c).
(5) The period for voting commences on the date on which the first voting forms
in an election are dispatched.
(6) If a serious interruption of postal services occurs after the Returning
Officer has fixed the deadline for the return of voting forms, he may fix a
new deadline for the return of voting forms.
(7) If after the period for voting commences a candidate dies or withdraws
his nomination or is found by the Returning Officer to be ineligible to be
elected or becomes ineligible to be elected, the votes cast for that candidate
shall be void.
(8) The Returning Officer may replace a voting form on request being made to
him in writing stating that the original form has not been received or has
been lost, destroyed or spoiled.
(9) Votes shall only be cast on a voting form provided by or on behalf of the
Returning Officer.
(10) Only one voting form may be completed and returned by each voter.
(11) The voter shall record his vote or votes on the voting form in accordance
with the instructions thereon, placing a mark thus X against the name in the
voting form of each candidate for whom he wishes to vote. Each voter shall
have as many votes as there are vacancies for which he is eligible to vote.
The Scrutineer and outcome of election
1.14 (1) The completed voting forms shall be sent by post to the body appointed
by the Council to examine voting forms, count votes and determine the result
of the election (“the Scrutineer”).
(2) The Scrutineer shall make a report to the Returning Officer specifying:
(a) the total number of voting forms received;
(b) the number of voting forms rejected as invalid;
(c) the number of votes cast for each candidate;
(d) the names of those elected; and
(e) if an election has been decided under paragraph (3) below, a note to that
effect.
(3) In the event of a tie, the election shall be decided between the tied candidates
by the drawing of lots conducted by or on behalf of the Scrutineer.
Casual vacancies
1.15 (1) In the event of any casual vacancy occurring in the elected members
of Council, a by-election shall be held to fill the vacancy.
(2) The person so elected shall hold office for the remainder of the period
of office of the outgoing member.
(3) If the relevant unexpired term is less than a year, the Council may determine
that the vacancy need not be filled.
By-election
1.16 A by-election shall be conducted as nearly as possible in accordance with
the provisions relating to a general election under this regulation.
Resignation and non-eligibility to remain an elected member of Council
1.17 (1) If any elected member of the Council shall cease to be registered
within Part 1 (practising) of the Register of Pharmacists or, as the case
may be, the Register of Pharmacy Technicians, or to be eligible to serve
as trustee of a charity, he shall thereupon cease to be an elected member
of the Council.
(2) Any elected member of the Council may resign his office at any time by
giving notice in writing of his resignation to the Secretary except where such
resignation would cause there to be less than two trustees of any charity of
which the member is a trustee.
Effect of non-compliance with provisions
1.18 No election held under this regulation shall be invalidated by reason
of any non-compliance with these provisions, or of the non-delivery, loss
or miscarriage of any document required under this regulation, if it appears
to the Returning Officer: that the election was conducted substantially in
accordance with this regulation, and that the result of such failure, non-compliance,
non-delivery, loss or miscarriage did not affect the return of any candidate
at the election. On this and any other matter concerning the election the
decision of the Returning Officer shall be final.
Regulation 2: Appointed Council members
Number of appointed Council members
2.1 The Charter provides that there shall be 11 appointed members of the Council:
(a) ten persons appointed by the Privy Council; and
(b) one registered pharmacist appointed by the universities in Great Britain
awarding degrees accredited by the Society for the purposes of registration
as a pharmacist.
Eligibility for appointment
2.2 (1) The Registrar shall ask the Privy Council to bear in mind the eligibility
requirements that apply to candidates for election to the Council concerning
residence and capacity to serve as the trustee of a charity.
(2) If any appointed member of the Council ceases to be eligible to serve as
trustee of a charity, he shall thereupon cease to be a member of the Council.
(3) The following sub-paragraphs shall apply to the appointments under 2.1(a)
above only:
(a) No person may be appointed as a member of the Council for more than three
consecutive terms of office, each of up to three years.
(b) No person who has served as a member of the Council for three consecutive
terms of office shall be eligible for re-appointment until a period of three
years after leaving office has expired.
(c) Any appointed member of the Council who, on the day after the day of the
Annual General Meeting of the Society in 2005, has served six or more consecutive
years on the Council immediately prior to that date, whether as an appointed
or elected member, shall be eligible to serve only one consecutive term of
office from that date.
(d) Any appointed member of the Council who, on the day after the day of the
Annual General Meeting of the Society in 2005, has served less than six consecutive
years on the Council immediately prior to that date, whether as an appointed
or elected member, shall be eligible to serve three consecutive terms of office
from that date.
Ann Lewis
Secretary and Registrar |
The
Pharmaceutical Journal