Appeals Committee (Elections) Regulations, 2004

L.N. 316 of 2004

HEALTHCARE PROFESSIONS ACT, 2003

(ACT. NO. XII of 2003)

Appeals Committee (Elections) Regulations, 2004

IN exercise of the powers conferred by article 51(1)(f) of the Health

Care Professions Act 2003, the Minister of Health has made the

following regulations>–

The title of these regulations is the Appeals Committee

(Elections) Regulations, 2004.

In these regulations, unless the context otherwise requires –

Nomination Form for Candidates for Election to the Appeals Committee

We, the undersigned, being voters entitled to vote at an election of the Appeals

Committee for

(a) A medical practitioner or dentist registered with the Medical Council, or

(b) A pharmacist or pharmacy technician registered with the Pharmacy Council, or

(c) A nurse or midwife registered with the Council for Nurses and Midwives, or

(d) A professional registered with the Council for the Professions

Complementary to Medicine,

do hereby nominate ……………………………………………………… (**)

registered in the ………………………………………………………… (**)

(Register)

and whose address is ……………………………………………………… (**)

as a candidate for the said election.

Proposer> Name ………………………………………………

(Block Letters)

Signature …………………………

Date ……………………

Registered in the ……………………………………………………

Seconder> Name ……………………………………………………

(Block Letters)

Signature …………………………

Date …………………………

Registered in the ………………………………………………………

DECLARATION BY PERSON NOMINATED

I, ………………………………………………………… whose name appears

(full name in block letters)

on the …………………………………………… accept the above nomination.

(Register)

Date …………………………

…………………………………

Candidate’s signature

(**) In block letters

“the Committee” means the Appeals Committee<

“the President” means the President of the Committee<

“the Registrars” means the Registrars of the respective

Councils.

Ballot Paper

FOR USE BY …………………………………

VOTING FOR ELECTION OF A CANDIDATE TO THE APPEALS

COMMITTEE

Names of Candidates

Place a cross in this part

(in alphabetical order)

against the name of the

candidate for whom you

wish to vote

VOTE FOR ………………………… CANDIDATE(S)

(only)

Signature of Election Commissioner ………………………………

Signature of Election Commissioner ………………………………

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

(1) There shall be established four Commissions, to be called

the Appeals Committee Elections Commissions each composed of four

election commissioners representing each Council, and each

commissioner shall be appointed by the Council which he is representing.

(2) These Commissions shall be appointed every three years

by the respective Councils and shall bear the same name and be

composed of the same number of commissioners to conduct the election

to the said Committee for that year.

The Commissions shall by the end of June 2004 cause a notice

to be published in the Gazette and in all local daily newspapers,

specifying the place, days and times during which nominations of

candidates for the election to the Committee will be received by the

Registrars of the Councils.

(1) When any of the Commissions is informed by the President

that a vacancy has occurred amongst the elected members of the

Committee, it shall as soon as may be, cause a notice to be published in

the Gazette, and all local daily newspapers, specifying the place, days

and times during which nominations of candidates for election to the

Committee will be received by the Registrar.

(2) A candidate shall be nominated in writing on a form in

accordance with the specimen contained in the First Schedule to these

regulations. Whatever the number of vacancies to be filled, no person

shall be nominated to fill in more than one vacancy.

(1) If the nominations received exceed the number of Holding of an

election.

vacancies on the Committee, an election shall be held.

(2) The Commissions shall, within three working days after

the closure of nominations, send a ballot paper to all the professionals

resident in Malta and registered with each Council, and shall inform

voters of the method of voting as well as the place where, and the time

by which the ballots are to be returned to each Commission.

(3) The ballot paper to be used for the purpose of the election

shall be in accordance with the specimen contained in the Second

Schedule to these regulations, and shall be signed by two members of

the Commission.

A voter shall record his vote by placing a cross against the Manner of voting.

name of the candidate for whom he votes.

Votes shall not be accepted after the expiration of the time Expiration of

voting time.

fixed by the each Commission for the receipt of such votes.

Each Commission shall count the votes immediately after the Counting of votes.

expiration of the time mentioned in the preceding regulation.

When, on the ballot paper, there is registered a larger number Invalid votes.

of votes than is required, the ballot paper shall be declared invalid by

that Commission.

The candidate representing a Council who obtains the largest Elected

candidates.

number of votes shall be declared elected by the Commission.

If two or more candidates representing a Council obtain an Partial elections.

equal number of votes, a partial election amongst those candidates shall

be held in accordance with the provisions of these regulations.

Each Commission shall immediately report the election result Reporting of

result.

to the Minister responsible for Health, Elderly and Community Care

and to the Council, and the said result shall be published in the Gazette.

The decision of the Commission on the validity of any

nomination, the right of a person to cast the vote, the place where the

votes are received and the result of the election, are final and conclusive.

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