The General Osteopathic Council, in exercise of the powers conferred on them by section 35(2) of, and paragraphs 10 and 14(5) of the Schedule to, the Osteopaths Act 1993(1) and all other powers enabling them in that behalf, hereby make the following Rules:
1.—(1) These Rules may be cited as the General Osteopathic Council (Election of Members and Chairman of Council) Rules 2002 and shall come into force on 26th March 2002.
(2) The General Osteopathic Council (Election of Members and Chairman of Council) Rules 2000(2) shall cease to have effect.
(3) In these Rules, except where the context otherwise requires—
(a)“the Act” means the Osteopaths Act 1993;
(b)“the Chairman” means the Chairman of the Council or, as the case may be, any person acting on behalf of the Chairman in accordance with rule 4 of the Constitution and Procedure Rules but does not include any person appointed under paragraph 48 of the Schedule to the Act;
(c)“the Constitution and Procedure Rules” means the General Osteopathic Council (Constitution and Procedure) Rules 1998(3);
(d)“the Council” means the General Osteopathic Council;
(e)“count” means either the count as a whole or any stage of the count;
(f)“elected member” means a member elected in accordance with these Rules;
(g)“member” means a member of the Council;
(h)“non-transferable form” means a valid voting form on which no second or subsequent preference is recorded for a remaining candidate;
(i)“osteopath” means any person whose name is on the register of osteopaths;
(j)“the register” means the professional register of osteopaths maintained by the Registrar under section 2 of the Act;
(k)“the Registrar” means the Registrar of the Council as appointed under section 2 of the Act;
(l)“remaining candidate” means any candidate who has neither been elected nor eliminated from the election at any given time;
(m)“transferable form” means a valid voting form on which, following the first preference, a second or subsequent preference is recorded in consecutive numerical order for a remaining candidate, the preferences next in order on the voting form for candidates already elected or eliminated from the poll being ignored;
(4) In these Rules—
(i)any reference to a numbered rule shall be construed as a reference to the rule bearing that number in these Rules;
(ii)any reference to a numbered paragraph shall be construed as a reference to the paragraph bearing that number in the rule in which it occurs; and
(iii)any reference to a numbered Schedule shall be construed as a reference to the Schedule to these Rules bearing that number.
2.—(1) The election of members who are elected to the Council (including election at a by-election) shall take place in accordance with the rules set out in Schedule 1.
(2) General elections shall be held before the end of each successive term of office of five years of elected members of the Council.
(3) By-elections to fill casual vacancies shall be held at such times as (subject to the provisions of the Constitution and Procedure Rules) the Council may determine.
3.—(1) An election to the office of Chairman shall be held at a meeting of the Council and notice of the election given in the programme of business.
(2) If a vacancy occurs or is due to occur in the office of Chairman or the Chairman gives notice that he intends to resign as Chairman or as a member of the Council on a stated date, the Registrar shall notify other members forthwith and an election to the office of Chairman shall be held at the next meeting of the Council after the expiration of two months from the notification to members of the vacancy, prospective vacancy or intended resignation.
(3) An election to the office of Chairman shall be held in accordance with the rules set out in Schedule 2.
(4) A person who has been elected to the office of Chairman may, prior to the date of commencement of his term of office, attend as an observer at meetings of committees and sub-committees of which he is not already a member.