The General Optical Council (Membership) Order of Council 2001

Part VI— Declaration of Election

22.—(1) When the Returning Officer declares the result of an election, he shall certify in writing—

(a) the name of each person elected, the category registered opticians which he has been chosen to represent and, in the case of a person chosen to represent registered ophthalmic opticians, the country in respect of which he was elected;

(b) if a poll has been held, the names of all other candidates, and the numbers of votes cast respectively for the persons elected and for every other candidate.

(2) The Returning Officer shall publish his certificate and shall forthwith send a copy of the same to all candidates named therein and to all members of the Council, and shall submit the certificate to the Council at their next meeting.

23.  If—

(i) after the nomination day a candidate dies before an election in respect of the vacancy for which he has been nominated has taken place; or

(ii) a candidate who has been elected as a person chosen to represent registered opticians dies or resigns before the date upon which the members for the time being chosen to represent registered opticians shall have retired; or

(iii) after an election has taken place in accordance with the foregoing provisions of this Scheme there remains any vacancy unfilled due to an insufficiency of nominations, or the withdrawal of candidates, or the Council has under paragraph 29(3) declared a person’s election invalid, or any other cause:

the Returning Officer shall in respect only of the vacancy for which the deceased or resigning candidate was nominated or which remains unfilled as a result of such death or other cause (as the case may be) cause a further election to be held as soon as practicable and for that purpose shall forthwith fix another nomination day, and publish the date thereof, and thereafter if necessary fix another polling day and publish the date thereof, and shall proceed with the further election in accordance with the foregoing provisions of this Scheme with such modifications only as the circumstances may require:

Provided that the death or resignation of a candidate shall not affect the validity of the nomination of another candidate any such nomination duly made in respect of the first election shall (subject to the provisions of paragraph 29 of this Scheme) be deemed to be a valid nomination for a further election for the same vacancy held pursuant to this paragraph.

24.—(1) The expenditure incurred by or on behalf of a candidate in the conduct or management of the election (other than any expenditure incurred on his behalf by the Council under sub-paragraph (2) of paragraph 10 of this Scheme) shall not exceed £500.

(2) For the purposes of this Scheme, “expenditure” means all relevant expenditure made or incurred between the date on which the Returning Officer issued the notice required by sub-paragraph (2) of paragraph 7 of this Scheme and the polling day, other than reasonable travelling and subsistence expenses of the candidate and of his family, and reasonable travelling and subsistence expenses of other persons not defrayed by or on behalf of the candidate.

(3) Without prejudice to the generality of the foregoing sub-paragraphs of this paragraph, “expenditure” includes the cost of the preparation of pamphlets or circulars, the cost of advertisements in newspapers or elsewhere, the cost of meetings specially convened for the purpose (including a share in the costs of such meetings arranged by or for candidates jointly) and postal and telephone charges incurred in connection with the election.

25.  Not later than the fourteenth day after declaration of the result of an election, every candidate declared to have been elected shall furnish to the Returning Officer a true and complete return in the form specified in Appendix H to this Scheme of all expenditure incurred by him or on his behalf in the conduct or management of the election, supported by a statutory declaration in the form specified in Appendix I to this Scheme.

26.  As soon as possible the Returning Officer shall publish all statements of expenditure received under paragraph 25 of this Scheme and shall send copies to all persons entitled to receive his certificate of the result of the election under paragraph 22 of this scheme.