The General Optical Council (Membership) Order of Council 2001

Part V— Conduct of Polls

17.—(1) Where a poll is to be held the Returning Officer shall prepare voting papers and lists of candidates and nominators together with envelopes for them.

(2) The envelopes shall be addressed to the Returning Officer at the address specified under sub-paragraph (2) of paragraph 7 of this Scheme.

(3) Where the poll is for the election of representatives of registered ophthalmic opticians voting papers shall be in the form set out in Appendix D, and lists of candidates and nominators shall be in the form set out in Appendix F to this Scheme, and where the poll is for the election of representatives of registered dispensing opticians the voting papers shall be in the form set out in Appendix E, and the lists of candidates and nominators shall be in the form set out in Appendix G to this Scheme.

18.—(1) The Returning Officer shall at least eight days before the polling day send to the registered address of each registered optician entitled to vote in the poll (but not to any registered optician who has informed him in writing that on the grounds of conscience he does not wish to be so entitled) a voting paper, a list of candidates and nominators, an envelope prepared in accordance with the provisions of this Scheme along with any statements which he is required to issue under paragraph 10 of this Scheme.

(2) Each registered optician entitled to vote in the poll shall be entitled to receive one voting paper, one envelope, and no more, and votes shall not be valid unless made upon a voting paper received from the Returning Officer and in accordance with the requirements of this Scheme.

Provided that the Returning Officer may replace a voting paper or an envelope inadvertently spoiled or destroyed if application is made to him in writing to include an undertaking that he has not marked and will not mark more than one voting paper in the election for this purpose on or before the polling day.

19.  Votes shall be cast as follows—

(a) The voter shall record his vote or votes on the voting paper in accordance with the instructions thereon:

(i) Registered ophthalmic opticians whose registered addresses are in the United Kingdom are entitled to vote for not more than three candidates from those nominated for England and not more than one candidate from those nominated for each of Northern Ireland, Scotland or Wales.

The voter must record his vote by putting a mark thus X against the name in the voting paper of not more than three of the candidates for England and not more than one candidate for each of Northern Ireland, Scotland or Wales.

(ii) Registered dispensing opticians whose registered addresses are in the United Kingdom are entitled to vote for five candidates.

(b) The voter shall enclose the voting paper in the envelope and seal such envelope without making on it any distinguishing mark.

(c) The voter shall return the envelope and its contents to the address given on the envelope so that it is received there by polling day.

20.—(1) Immediately after the polling day the Returning Officer shall cause the—

(i) withdrawing of the voting papers from the envelopes; and

(ii) counting of the votes validly cast for each candidate.

(2) For the purposes of this paragraph a vote shall be deemed to have been validly cast if, but only if, it has been cast in accordance with paragraph 19.

21.  If in any poll the same number of votes is cast for each of two or more candidates, the Returning Officer shall, where necessary to decide the result of the election, determine by lot which of the candidates shall be deemed to have obtained the highest or the next highest number of votes for the purposes of this Scheme.