Proposed amendments to regulations: Election of Council members
Notice is hereby given in accordance with Article 10 of the Royal Pharmaceutical Society's Supplemental Charter 2004 that the Council of the Society has approved proposals to amend regulations made under powers given to the Society in articles 8 and 9(2) of the Charter concerning the election of Council members as hereunder.
Election of Council members
(1) Elections
(2) Interpretation
(3) Returning Officer
(4) Effective date
(5) Reserved places for pharmacists resident in national constituencies
(6) Election of pharmacists to reserved places and remaining places
(7) Election of pharmacy technicians
(8) Term of office for members elected in May 2005
(9) Term of office for members elected after May 2005
(10) Frequency of elections
(11) Eligibility for election
(12) Restrictions on continuous service
(13) Eligibility to vote
(14) Notice of election
(15) Nominations
(16) Election statements
(17) Holding of ballot
(18) Voting
(19) The Scrutineer and outcome of election
(20) Casual vacancies and resulting by-election
(21) Resignation and non-eligibility to remain an elected member of Council
(22) Challenges and the effect of non-compliance with these Regulations
1. Elections
(1) Elections to elect pharmacists or pharmacy technicians to membership
of the Council shall be held in accordance with these regulations.
2. Interpretation
(1) In these regulations—
“
day” means calendar day, and any period of days shall be counted
without the omission of any public holidays or other days;
“the effective date” shall be construed in accordance with
regulation 4;
“The Journal” means The Pharmaceutical Journal;
“general election” means an election held on the expiry of
the terms of office of members of the Council;
“pharmacy technician” means a person registered in the Register of
Pharmacy Technicians and not registered in the Register of Pharmacists;
“the register” means, unless the context otherwise requires, as respects
any registrant—
(a) the one of the Society’s registers in which he is registered; or
(b) if he is registered in both of the Society’s registers, both registers;
“Register of Pharmacists” means the register of pharmaceutical chemists;
“Register of Pharmacy Technicians” means the register of pharmacy
technicians maintained by the Society;
“Scrutineer” shall be construed in accordance with regulation 19;
“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;
“the Society’s registers” means the Register of Pharmacists
and the Register of Pharmacy Technicians. 3. Returning Officer
(1) The Secretary shall act as Returning Officer for elections under
these Regulations, and shall be responsible for the conduct of them.
(2) The Returning Officer shall—
(a) publish guidance for candidates on the length, form and content of
election statements;
(b) specify the method, place, date and latest time for return of nominations
and voting forms;
(c) determine any question as to the eligibility of any candidate to
stand for election;
(d) determine any question as to the eligibility of any person to vote
in an election;
(e) in the event of challenge, determine the outcome of any election;
(f) in the event of challenge, determine the interpretation of these
Regulations;
(g) notify the Council of any members whose term of office is due to
expire and any casual vacancies that may arise;
(h) make recommendations to the Council for the appointment of persons
to act as Scrutineer and, if necessary, Deputy Scrutineer;
(i) publish the Notice of Election;
(j) oversee the running of elections;
(k) take all reasonable steps to ensure the secrecy of the ballot and
to guard against electoral malpractice;
(l) inform the Council and all candidates of the outcome of any election;
and
(m) publish the result of any elections held.
(3) The Returning Officer may appoint bodies or persons (not being Council
members) to provide him with such administrative assistance as he considers
necessary, to enable him to carry out his functions under these Regulations.
(4) In the event of a severe civil contingency or interruption of postal
services, the Returning Officer may vary such—
(a) time limits; and
(b) method of delivery of documents,
specified in these Regulations as he considers necessary in the interests of
fairness.
(5) All decisions taken by the Returning Officer in the exercise of his functions,
and his interpretation of these Regulations, shall be final.
4. Effective date
(1) On the advice of the Returning Officer, the Council shall, in each year,
fix a date on which Council members elected in that year shall take office
(“the effective date”).
(2) The effective date shall ordinarily be in May after the conclusion of the
Society’s Annual General Meeting but may, upon the advice of the Returning
Officer, be fixed for some other date.
(3) The Returning Officer shall publish the effective date on the Society’s
website and in The Journal, as soon as practicable after it has been fixed
by the Council.
5. Reserved places for pharmacists resident in national constituencies
(1) Three places on the Council shall be reserved for pharmacists who
live or work wholly or mainly 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.
(3) A pharmacist may not be nominated as a candidate in more than one
national constituency in the same election.
6. Election of pharmacists to reserved places and remaining places
(1) Pharmacists filling the reserved places referred to in paragraph
5(1) shall be elected by ballot of pharmacists whose addresses in the
Register of Pharmacists are in the relevant national constituency.
(2) Pharmacists shall be elected to the reserved places on the Council
on a simple majority 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—
(a) the candidate receiving the highest number of votes in a national
constituency shall be deemed to have been elected in that constituency;
and
(b) any votes received by that candidate in respect of a place on the
Council not reserved to a national constituency in the same election
shall be void.
(5) Pharmacists elected to places on the Council other than the reserved
places referred to in paragraph 5(1) shall be elected by ballot of all
pharmacists.
(6) Pharmacists shall be elected to the Council on a simple majority
basis.
7. Election of pharmacy technicians
(1) Pharmacy technician members shall be elected by ballot of all registered
pharmacy technicians on a simple majority basis.
8. Term of office for members elected in May 2005
(1) The term of office for the three pharmacists elected to Council in
May 2005, to places reserved for the national constituencies, shall—
(a) be for a period of three years; and
(b) expire at midnight on the day before the effective date in 2008.
(2) The term of office for the three pharmacists elected to Council in
May 2005 with the highest number of votes, to places not reserved to
a national constituency, shall—
(a) be for a period of three years; and
(b) expire at midnight on the day before the effective date in 2008.
(3) The term of office for the six pharmacists elected to Council in
May 2005, to places not reserved to a national constituency, and who
secured the highest number of votes after those members referred to in
paragraph (2), shall —
(a) be for a period of two years; and
(b) expire at midnight on the day before the effective date in 2007.
(4) The term of office for the pharmacy technician elected to Council
in May 2005, with the highest number of votes, shall—
(a) be for a period of three years; and
(b) expire at midnight on the day before the effective date in 2008.
(5) The term of office for the remaining pharmacy technician elected
to Council in May 2005 shall—
(a) be for a period of two years; and
(b) expire at midnight on the day before the effective date in 2007.
(6) Where a term of office has been cut short by the death, resignation
or ineligibility to continue to hold office of a member, the Returning
Officer shall—
(a) notify the Council that a casual vacancy has occurred; and
(b) subject to paragraph 20(2), make arrangements to hold a by-election
to fill such vacancy.
(7) The term of office for any member elected to a place on Council as
a result of an election to fill a casual vacancy shall be for the remainder
of any term for which the member whose death, resignation or ineligibility
to continue holding office gave rise to the vacancy was elected.
9. Term of office for members elected after May 2005
(1) The term of office for members elected to Council after the expiry
of any of the terms of office of the members referred to in Regulation
8 shall —
(a) be for a period of three years; and
(b) expire at midnight on the day before the effective date in the third
year after they were elected.
(2) Where a term of office has been cut short by the death, resignation
or ineligibility of a member to continue to hold office, the Returning
Officer shall—
(a) notify the Council that a casual vacancy has occurred; and
(b) subject to paragraph 20(2), make arrangements to hold a by-election
to fill such vacancy.
(3) The term of office for any member elected to a place on Council as
a result of an election to fill a casual vacancy shall be for the remainder
of any term for which the member whose death, resignation or ineligibility
to continue holding office gave rise to the vacancy was elected.
10. Frequency of elections
(1) Elections to places on the Council that are reserved for pharmacists
living or working wholly or mainly in the national constituencies shall
be held in 2008, and every third year thereafter.
(2) Elections shall be held in each year for the remaining places on
the Council held by members whose term of office is due to expire in
that year.
11. Eligibility for election
(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 lives or works wholly or mainly in that constituency.
(5) If, in the opinion of the Council, any member of the Council elected
in a national constituency ceases to live or work wholly or mainly in
that constituency, he shall cease to be a member of the Council.
(6) 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.
12. Restrictions on continuous service
(1) Subject to paragraphs (2) and (3) below—
(a) No person may be elected to the Council to serve more than three
consecutive terms of office, each of up to three years; and
(b) 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.
(2) Any member of the Council who on 25 May 2005 had served six or more
consecutive years on the Council immediately prior to that date shall —
(a) retire at the end of his current term of office; and
(b) not be eligible to stand for election again until the expiry of three
years from the end of that term of office.
(3) Any member of the Council who on 25 May 2005 had served less than
six consecutive years on the Council immediately prior to that election
shall —
(a) be eligible to serve for only two further consecutive terms before
retiring; and
(b) not be eligible to stand for election again until the expiry of three
years from the date on which the last term of office expired.
(4) In paragraphs (1) to (3) above, “years” shall be reckoned
as the periods between the effective dates in any calendar years or their
equivalents in the instruments governing the conduct of Council elections
which were applicable before these Regulations came into effect.
13. Eligibility to vote
(1) Subject to paragraphs (4) to (6) below—
(a) all pharmacists whose names appear in the Register of Pharmacists
at the time the electoral roll is closed, shall be entitled to vote in
the election of pharmacist members of the Council; and
(b) all pharmacy technicians whose names appear in the Register of Pharmacy
Technicians at the time the electoral roll is closed shall be entitled
to vote in elections to seats on the Council for such technicians.
(2) Prior to the holding of any election, the Returning Officer shall
fix a date on which the electoral roll shall be considered closed for
that election.
(3) The date fixed by the Returning Officer for the close of the electoral
roll shall be after the latest time for the withdrawal of nominations,
and before the date on which voting papers are expected to be distributed
to voters.
(4) Only pharmacists whose addresses in the Register are in the relevant
constituency on the date when the electoral roll is closed shall be entitled
to vote in an election in a national constituency.
(5) A person who becomes registered with the Society after the date on
which the electoral roll is closed shall not be entitled to receive a
voting paper in that election.
(6) A person whose registration with the Society is suspended on the
date when the electoral roll is closed shall not be entitled to vote
in that election.
14. Notice of election
(1) Where an election is to be held, the Returning Officer shall publish
on the Society’s website, and in The Journal, a Notice of Election.
(2) The Notice of Election shall be published no later than 21 days before
the date specified in paragraph (3)(c).
(3) Before issuing the Notice of Election, the Returning Officer shall—
(a) notify the Council of the names of those members of the Council whose
term of office has expired or is due to expire;
(b) notify the Council of any casual vacancy that has occurred; and
(c) fix the place, date and latest time by which all nomination forms
shall be returned to him.
(4) The Notice of Election shall specify—
(a) the numbers and description of Council places to which persons are
to be elected in that election;
(b) the method, place, date and latest time by which nominations shall
be received by the Returning Officer;
(c) the date and latest time by which nominations may be withdrawn;
(d) the date on which the electoral roll will be closed;
(e) the date on which voting papers are expected to be distributed; and
(f) the method, place, date and latest time by which completed voting
forms shall be received by the Scrutineer.
15. Nominations
(1) All nominations shall be made on the form issued by the Returning
Officer, and shall comply with the requirements of paragraph (3) below.
(2) Only one candidate may be nominated on any nomination form.
(3) A nomination form shall—
(a) specify the candidate’s name, address and registration number
as it appears in the register;
(b) be signed by the candidate;
(c) specify the candidate’s age;
(d) be signed by ten persons who are qualified to vote in the election
for that Council place in the case of a pharmacist candidate or by five
persons who are qualified to vote in the election for that Council place
in the case of a pharmacy technician candidate; and
(e) specify the names and registration numbers of the persons specified
in paragraph (d) above, as they appear in the Society’s Registers.
(4) Any candidate wishing to be nominated shall provide to the Returning
Officer by the specified time—
(a) a completed nomination form, signed by him;
(b) a declaration signed by the candidate which confirms that—
(i) the information provided on the nomination form is correct,
(ii) the candidate consents to being nominated,
(iii) if elected, the candidate intends to serve for a full term of office,
(iv) the candidate is eligible to act as the trustee of a charity;
(c) particulars of the extent and type of work undertaken by the candidate
within and for, the profession of pharmacy;
(d) a declaration, signed by the candidate —
(i) attesting that he has not received a criminal conviction or police
caution or been the subject of any finding, penalty or censure issued
by the Council, or a Committee of the Society or any other regulatory
or public body, or any other decision by any person or body that the
candidate considers relevant; or
(ii) setting out details and particulars of any criminal convictions,
police cautions and finding, penalty or censure issued by the Council,
a Committee of the Society or any other regulatory or public body received
by him, and any other decision by any person or body that the candidate
considers relevant;
(e) a statement, signed by the candidate, confirming that no retention
fee or penalty due to the Society from that candidate remains unpaid;
and
(f) a declaration of the candidate’s relevant interests, or a statement
signed by him, confirming that he has no relevant interests to declare.
(5) A candidate may also provide to the Returning Officer:
(a) particulars of his professional qualifications;
(b) his election statement complying with regulation 16;
(c) a photograph of himself taken within the previous six months
provided that, if the candidate chooses to supply any of (a), (b) and (c) above,
they must be in the form specified in guidance issued for this purpose and
must be received by the Returning Officer by the same date and latest time,
and in the same place, as that specified for receipt of nominations.
(6) Nomination forms (together with accompanying material) shall be delivered
to the Returning Officer before the latest time specified for the return of
nomination forms and to the place and in the manner specified by the Returning
Officer.
(7) The Returning Officer shall declare invalid any purported nomination form
which has not been properly signed or completed, is not accompanied by the
items mentioned at paragraph (4) (b) to (f) above, is received after the specified
latest time for receipt, or which in any other respect does not comply with
these Regulations.
(8) A nomination may be withdrawn by notice in writing signed by the prospective
candidate and delivered at the place specified for receipt of nomination forms
no later than the latest time for receipt of nominations.
(9) If a prospective candidate dies or ceases to be eligible for election before
the close of the nomination period, the nomination shall be deemed to have
been withdrawn.
(10)Upon the expiry of the latest time for receipt of nominations, the Returning
Officer shall—
(a) determine the validity or otherwise of nominations received;
(b) inform prospective candidates as to whether or not they have been validly
nominated, and where he has decided that a purported nomination is invalid,
provide reasons for that decision;
(c) publish a list of validly nominated candidates on the Society’s website
and in The Journal.
16. Election statements
(1) Any person standing for election may request the Returning Officer
to publish an election statement provided by him.
(2) Election statements shall—
(a) be provided to the Returning Officer by the latest time specified
for receipt of nominations; and
(b) not contain any falsehoods or misrepresentations, abusive or defamatory
material, or material likely to incite hatred or public unrest.
(3) The Returning Officer shall not publish any election statement which
in his opinion—
(a) would amount to the commission of a criminal offence; or
(b) would render the Society potentially liable to civil proceedings.
(4) 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.
(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.
17. Holding of ballot
(1) Where, after the expiry of the latest time for receipt of nominations
in any election, the number of candidates standing for election does
not exceed the number of Council places for which they are nominated,
the Returning Officer shall—
(a) dispense with the need to hold a ballot; and
(b) forthwith declare those candidates elected.
(2) Where, after all candidates have been declared elected in accordance
with paragraph (1), places on the Council remain unfilled, the Returning
Officer shall cause a by-election to be held to the remaining places
on the Council.
(3) Where, after the expiry of the latest time for receipt of nominations
in any election, the number of candidates standing for election is greater
than the Council places for which they are nominated, the Returning Officer
shall cause a ballot to be held.
18. Voting
(1) The Returning Officer shall specify the method, place, date and latest
time by which voting forms shall be returned to the Scrutineer.
(2) No later than 14 days before the specified date for return of voting
forms, the Returning Officer shall send, by post or courier, 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 category of Council place for which the ballot is being held;
(c) the national constituency in which each candidate is standing for
election (if applicable);
(d) the method, place, date and latest time by which voting forms shall
be returned to the Scrutineer;
(e) instructions on the voting procedure; and
(f) a statement confirming that neither the Society nor the Returning
Officer has or accepts any responsibility for the accuracy of any information,
declaration or election statement provided by candidates.
(4) The voting form shall disclose the information provided by candidates
under sub-paragraphs 15(4)(d) and (f).
(5) The period for voting shall commence on the date on which the first
voting forms in an election are dispatched by the Scrutineer.
(6) 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.
(7) Votes shall only be cast on a voting form provided by or on behalf
of the Returning Officer.
(8) Only one voting form may be completed and returned by each voter.
The Scrutineer may replace a voting form on receipt of a request confirming
that the original form has not been received or has been lost, destroyed
or spoiled, and shall take such steps as are appropriate to ensure that
no person may be able to vote twice in the same election.
(9) 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.
19. The Scrutineer and outcome of election
(1) The Council shall, on the recommendation of the Returning Officer,
appoint persons to act as Scrutineer and, if necessary, Deputy Scrutineer.
(2) Where no Scrutineer has been appointed by the Council, the functions
of the Scrutineer shall be performed by the Returning Officer with such
administrative assistance from employees of the Society as he considers
necessary.
(3) The function of the Scrutineer shall be to—
(a) preserve the integrity of the election process and take such measures
as he considers necessary to guard against, and identify, electoral malpractice;
(b) dispatch the voting forms;
(c) examine and validate voting forms;
(d) count and record votes received; and
(e) notify the Returning Officer of the result of the election.
(4) Where the Scrutineer is unable, for any reason, to carry out his
functions, such functions may be performed by the Deputy Scrutineer,
or by the Returning Officer.
(5) At the conclusion of the count, the Scrutineer shall prepare a report
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 (6) below, a note
to that effect.
(6) 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.
20. Casual vacancies and resulting by-election
(1) Where a Council member dies, resigns or ceases to be eligible to
continue to hold office, the Returning Officer shall inform the Council
forthwith that a casual vacancy has occurred and shall publish this
information in The Journal and on the Society’s website.
(2) Where, on the day that a casual vacancy occurs, the remainder of
the former Council member’s unexpired term of office is less than
one year, no by-election shall be held unless the Council so directs.
(3) Where a by-election is to be held, the Returning Officer shall, as
soon as practicable, publish a Notice of Election.
(4) An election for a casual vacancy shall, so far as is practicable,
be conducted in like manner to a general election.
(5) Any candidate elected to fill a casual vacancy shall come into office
forthwith, and shall serve for the remainder of the term of the Council
member succeeded.
21. Resignation and non-eligibility to remain an elected member of Council
(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 fewer than two trustees
of any charity of which the member is a trustee.
22. Challenges and the effect of non-compliance with these Regulations
(1) Where the Returning Officer receives any challenge to the results
of an election, or any complaint or information which alleges that,
or becomes of the opinion that —
(a) a candidate was, or has become, ineligible for election;
(b) a candidate submitted inaccurate or misleading declarations or statements;
(c) a candidate submitted a false or misleading election statement;
(d) a candidate committed electoral malpractice; or
(e) there has been a failure to comply with these Regulations in a significant
and material respect,
he may, subject to paragraph (2), consider the matter.
(2) The Returning Officer shall not consider any challenge, or any complaint
or information relating to the election that is received by him after the expiry
of 28 days from the date on which the election results are published in The
Journal.
(3) Before taking any action in relation to a challenge or complaint relating
to an election, the Returning Officer shall—
(a) provide details of the challenge or complaint to the candidate(s) concerned;
and
(b) afford the candidate(s) concerned the opportunity to make representations
on the allegations and on any subsequent action to be taken by the Returning
Officer.
(4) Upon considering any representations received from the candidate(s) concerned,
the Returning Officer may take such action as he considers necessary in the
interests of fairness and all the circumstances of the case, which may include—
(a) declaring the results of any candidate, or of the whole election, a nullity;
(b) disqualifying a candidate or candidates;
(c) rerunning any ballot or election.
(5) Before taking any action in accordance with paragraph (4), the Returning
Officer may take further steps to investigate the matter, and may seek legal
advice.
(6) No election held under these Regulations shall be invalidated by reason
solely of any non-compliance with, or the non-delivery or loss of any document
required under, these Regulations, if it appears to the Returning Officer that
the election was conducted substantially in accordance with these Regulations,
and that the result of such non-compliance, non-delivery or loss did not affect
the return of any candidate at the election.
(7) The decision of the Returning Officer in relation to any challenge to,
or complaint concerning, the election, shall be final.
Ann Lewis
Secretary and Registrar
Notes
1. These proposals 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.
2. A number of revisions and clarifications have been made to the text.
Substantive changes include an expansion and clarification of the existing
provisions and powers to deal with challenge to the results of an election,
and also a provision that a candidate should live or work wholly or mainly
in the national constituency in which they are standing, and that a candidate
should be able to stand in only one national constituency (the guidance
should make clear that the candidate’s statement should set out
where the candidate lives and where the candidate works).
3. 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 is/will be different: the Council
makes regulations under the new Charter and will make rules under the
forthcoming Pharmacists and Pharmacy Technicians Order 2006. In due time
all the existing Byelaws will be superseded by Regulations or Rules.
See p201
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