The United Kingdom Central Council for Nursing, Midwifery and Health Visiting (Electoral Scheme) (Variation) Order 1988

9.  NOMINATION

(a) There shall be a separate nomination paper for each candidate. Each candidate for election shall be proposed and seconded by persons on the Electoral Roll and who are in the same part of the Register.

(b) Each nomination paper shall contain the name, address and requisite qualification of the person nominated, the category which he is representing, and the National Board to which he is seeking election. The requisite qualification of the proposer and seconder signing such paper shall also be included.

(c) Each person seeking nomination must also sign the nomination paper and declare his willingness to stand as a candidate.

(d) Every nomination paper shall, before 12.00 noon on the last day fixed for the receipt of nomination papers, be delivered by post or otherwise, to the Returning Officer at the address specified in the Notice referred to in Rule 8.

(e) Nomination papers shall be invalid if either—

(i) they are not received by the Returning Officer before 12.00 noon on the last day fixed for the receipt of nominaton papers, or

(ii) any requirement of this Scheme has not been complied with provided that no misnomer or inaccurate or incomplete description of any person or place named in any nomination paper shall invalidate that paper, if in the opinion of the Returning Officer, the description of the person or place is such as to be commonly understood.

(f) Where, in the opinion of the Returning Officer, a nomination of any candidate is invalid, the Returning Officer shall forthwith notify the candidate to that effect and within one week after the publication of the list of the duly nominated candidates under paragraph (j) of this Rule the candidate may either personally, or by his agent appointed in writing, notify in writing to the Returning Officer that he considers his nomination valid.

(g) If after further consideration of the contention disclosed in such notice and after taking such legal advice as he thinks fit, the Returning Officer is satisfied that the nomination paper was valid he shall cause the name of the candidate to be included in the list of duly nominated candidates.

(h) If after further consideration of the contention disclosed in the notice, and after taking such legal advice as he thinks fit, the Returning Officer is satisfied that the nomination was invalid he shall forthwith so certify. In that event he shall forward a copy of his certificate to the candidate for nomination, who may within seven days of receiving such copy, appeal to the Appeals Committee and notify the Returning Officer accordingly.

(i) The Appeals Committee shall consider any appeal made under paragraph (h) of this Rule and the Returning Officer shall forthwith forward to the Appeals Committee a copy of his certificate given under the said paragraph (h) together with any comments he wishes to make and the Appeals Committee’s decision as to whether the appellant was validly nominated shall be final. In the event that the election shall have taken place and the Appeals Committee deciding that the appellant was nominated invalidly then a fresh election in respect of that National Board shall take place.

(j) Within seven days of the time fixed for the receipt of nomination papers and notwithstanding any notifications under paragraph (f) of this Rule the Returning Officer shall cause to be published at the offices of the Council and each National Board, the list of the duly nominated candidates and on the same day send by Recorded Delivery Post to all nominated persons the names of other people nominated in their category and to the same National Board. Before 12.00 noon on the seventh day from the date of publication of the list, a candidate may withdraw from the election by delivering by post or otherwise to the Returning Officer a written notice of withdrawal and on receipt thereof the Returning Officer shall delete the name of such candidate from the list. No notice of withdrawal received after 12.00 noon on the seventh day from the date of publication of the list shall be valid.

(k) After the period for withdrawal has expired under paragraph (j) of this Rule should there be no valid nomination or insufficient valid nominations in respect of any National Board or category, the Returning Officer shall publish at the offices of the Council and in at least two professional journals with a weekly circulation throughout the United Kingdom a list of the National Boards and categories for which there are no or insufficient duly nominated candidates and the Returning Officer shall allow one further period, until noon on the twenty-first day after publication of that list, for the receipt of nomination papers in respect of such National Boards and categories.

(l) In the event of sufficient nomination papers not being received the ensuing vacancies shall be filled by an appointment made by the Secretary of State of persons proposed by the appropriate National Board who would be qualified for election to those places.

(m) The provisions of paragraphs (a) to (k) of this Rule shall apply to the nomination of a candidate under paragraph (k) of this Rule as they apply to the nomination of candidates under the preceding paragraphs of this Rule.