LegalizeS.I. No. 386/2008 - Teaching Council (Election of Members) Regulations 2008
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
2 amending acts · 2015-12-01, S.I. No. 540/2015 - Teaching Council (Election of Members) Regulations 2015
- (a) Any Candidate or Agent present at the counting of votes may, at the conclusion of any count, request the Returning Officer to re-examine and recount all or any of the papers dealt with during that count and the Returning Officer shall, as soon as practicable, re-examine and recount the papers accordingly, without making any alterations in the arrangement of the papers in the various parcels, save where such alterations may be necessary in consequence of any error discovered in the recount.
- (b) The Returning Officer may also at his or her discretion recount papers either once or more often in any case in which he or she is not satisfied as to the accuracy of any count but nothing in this paragraph shall make it obligatory for the Returning Officer to recount the same parcel of papers more than once.
- (c) The power of the Returning Officer under subparagraphs (a) and (b) to recount at his or her discretion papers in any case in which he or she is not satisfied as to the accuracy of any count shall extend to papers dealt with at an earlier count than the immediately preceding one.
- (d) (i) One request (and not more) may be made by each Candidate or by his or her Agent for a complete re-examination and recount of all parcels of ballot papers and the Returning Officer shall as soon as practicable re-examine and recount the parcels of ballot papers accordingly.
- (ii) In the re-examination and recount, the number or order of ballot papers in any parcel shall not be disturbed.
- (iii) Nothing in this paragraph shall make it obligatory on the Returning Officer to re-examine or recount the same parcel of papers more than once, but if an error is discovered which is, in the opinion of the Returning Officer, a significant error likely to affect the result of the election, the Returning Officer shall count all the papers afresh from the point at which the error occurred.
- (iv) Nothing in this paragraph shall make it obligatory for the Returning Officer to comply with a request by a Candidate or his or her Agent which, in the opinion of the Returning Officer, is frivolous or vexatious.
- (v) A request under this subparagraph may be made only at the conclusion of a count.
- (e) Where an error is discovered, the Returning Officer shall, where necessary, amend any results previously announced by him or her.
- (f) Where a request made under subparagraph (d)(i) is withdrawn by the Candidate or Agent concerned, it shall be open to the Returning Officer not to proceed or to proceed further with the re-examination and recount.
Declaration of the result of the poll
On the completion of the counting of votes the Returning Officer shall determine and declare the results of the poll.
GIVEN under the seal of the Teaching Council
| Joan Ward | Áine Lawlor |
| Chairperson | Secretary & Director |
| [Authenticating Signature] | [Authenticating Signature] |
Dated the 24 day of September, 2008.
The Minister for Education and Science consents to the making of the foregoing Regulations
GIVEN under the Official Seal of the Minister for Education and Science,
24 September 2008
BATT O’KEEFFE,
Minister for Education and Science.
Minister for Education and Science
Dated the 24 day of September, 2008.
EXPLANATORY NOTE
(This note is not part of the Statutory Instrument and does not purport to be a legal interpretation.)
The purpose of the statutory instrument is to provide for the election of members to the Teaching Council in accordance with paragraphs (a)(i) and (b)(i) of section 8(2) of the Teaching Council Acts 2001 and 2006 and to provide for the determination of constituencies and the number of members from each constituency for the purpose of ensuring, in so far as it is practicable, that the election of members shall be on as equitable a geographical basis as possible.
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