S.I. No. 689/2010 - Nurses Rules, 2010

Category (ii) Practicing below the level of Director of Public Health Nursing.

SECOND SCHEDULE

ELECTION OF MEMBERS TO AN BORD ALTRANAIS

Form of Consent

I consent to be nominated for election to An Bord Altranais

Signed: ..............

Date: ..............

Address: ..............

..............

..............

Personal Identification Number (PIN): ...........................................

THIRD SCHEDULE

ELECTION OF MEMBERS TO AN BORD ALTRANAIS

BALLOT PAPER

CATEGORY—

Instructions

FOURTH SCHEDULE

ELECTION OF MEMBERS TO AN BORD ALTRANAIS

Declaration of Identity

I, the undersigned, hereby declare that I am the person entitled to receive the enclosed ballot paper(s) and that I have not marked any other ballot paper(s) in the poll for this

Category

Signed: ..............

Voter’s Name

(Block Capitals): ..............

Date: ..............

The above-named is personally known to me and has signed the above declaration in my presence.

Witness’s signature: ..............

Witness’s Name

(Block Capitals): ..............

Address: ..............

Occupation: ..............

FIFTH SCHEDULE

ELECTION OF MEMBERS TO AN BORD ALTRANAIS

COUNTING VOTES

In this schedule—

“continuing candidate” means any candidate not excluded;

“count” includes:—

• (a) all the operations involved in the counting of the first preferences recorded for candidates; and

• (b) all the operations involved in the transfer of the votes of an excluded candidate;

“determine by lot” means determined in accordance with the following directions, namely, the names of the candidates concerned having been written on similar slips of paper, and the slips having been folded so as to prevent identification and mixed and drawn at random, the candidate or candidates shall in cases of exclusion be excluded in the order in which their names are drawn;

“mark” means a figure, a word or a similar mark;

“non-transferable paper” means a ballot paper on which no second or subsequent preference is recorded for a continuing candidate; provided that a paper shall be deemed to have become a non-transferable paper whenever:—

• (a) the names of two or more candidates (whether continuing candidates or not) are marked with marks which, in the opinion of the Returning Officer, indicate the same order of preference and are next in order of preference, or

• (b) the name of the candidate next in order of preference (whether a continuing candidate or not) is marked with a mark which, in the opinion of the Returning Officer, does not follow consecutively after some other mark on the ballot paper, or with two or more marks, or

• (c) it is void for uncertainty;

“original vote” in regard to any candidate means a vote derived from a ballot paper on which a first preference is recorded for that candidate;

“preference” shall be interpreted as follows:—

• (a) “first preference” means any mark which, in the opinion of the Returning Officer, clearly indicates a first preference;

“second preference” means any mark which, in the opinion of the Returning Officer, clearly indicates a second preference standing in succession to a first preference;

“third preference” means any mark which, in the opinion of the Returning Officer, clearly indicates a third preference standing in succession to a second preference; and so on;

• (b) “next available preference” means a preference which, in the opinion of the Returning Officer, is a second or subsequent preference recorded in consecutive order for a continuing candidate, the preferences next in order on the ballot paper for candidates already excluded being ignored;

“transferable paper” means a ballot paper on which, following a first preference, a second or subsequent preference is recorded in consecutive numerical order for a continuing candidate;

“transferable vote” in regard to any candidate, means a vote derived from a ballot paper on which a second or subsequent preference is recorded for that candidate.

• (1) Any ballot paper:—

• (a) on which the figure 1 standing alone is not placed at all or is not so placed as to indicate a first preference for some candidate, or

• (b) on which the figure 1 standing alone indicating a first preference is set opposite the name of more than one candidate, or

• (c) on which anything is written or marked whereby the voter may be identified, or

• (d) which is unmarked or, if marked, is so marked as to cause uncertainty as to the identity of the candidate for whom the voter desires to record a first preference, or

• (e) on which anything extraneous to the purpose of the election is written or marked or which is in any way defiled or defaced by comment or mark, shall be invalid and not counted, but the ballot paper shall not be invalid by reason only of carrying the words “one”, “two”, “three” (and so on) or any other mark which, in the opinion of the Returning Officer, clearly indicates a preference or preferences.

• (2) The Returning Officer shall endorse “Rejected” on any ballot paper which under this section is not to be counted. The Returning Officer shall not prepare a statement showing the number of ballot papers rejected by him under each of the sub-paragraphs (a), (b), (c), (d) and (e) of the preceding paragraph and shall, on request, allow any candidate or agent of a candidate to copy such statement.

3 First count

• (1) The Returning Officer shall arrange the valid ballot papers in parcels according to the first preferences recorded for each candidate.

• (2) The Returning Officer shall then count the number of ballot papers in each parcel and credit each candidate with a number of votes equal to the number of valid ballot papers on which a first preference has been recorded for such candidate and he shall ascertain the number of all valid ballot papers.

4 The quota

• (1) The Returning Officer shall then divide the number of all valid ballot papers by two. The result increased by one, any fractional remainder being disregarded, shall be the number of votes sufficient to secure the election of a candidate. This number is referred to in the Schedule as “the quota”.

• (2) Where at the end of any count the number of votes credited to a candidate is equal to or greater than the quota, that candidate shall be declared elected.

5 Exclusion of candidate

• (1) If at any time no candidate has reached the quota the Returning Officer shall exclude the candidate or candidates credited with the lowest number of votes and shall examine all the ballot papers of that candidate or candidates, and shall arrange the transferable ballot papers in sub-parcels according to the next available preferences recorded thereon for continuing candidates, and shall transfer each sub-parcel to the candidate for whom that preference is recorded and shall make a separate subparcel of the non-transferable ballot papers. The non-transferable ballot papers shall be set aside and not further taken into account and shall be labelled as non-transferable ballot papers not effective.

• (2) Where the total of the votes of the two or more lowest candidates is less than the number of votes credited to the next highest candidate, the Returning Officer may in one operation exclude such two or more lowest candidates.

• (3) If, when a candidate has to be excluded under this section, two or more candidates have each the same number of votes and are lowest, regard shall be had to the number of original votes credited to each of those candidates and the candidate with the smallest number of original votes shall be excluded and where the numbers of original votes are equal, the Returning Officer shall determine by lot which shall be excluded.

6 Transfer of votes

Where a transfer of votes is made under Section 5 of this Schedule, each subparcel of papers transferred shall be placed on top of the parcel, if any, of papers of the candidate to whom the transfer is made, and that candidate shall be credited with a number of votes equal to the number of papers so transferred.

7 Filling of vacancy without reaching quota

Where there is only one continuing candidate after the other candidates have been excluded and that continuing candidate has not reached the quota he or she shall be declared elected without having reached the quota.

8 Recount

• (1) Any candidate or agent 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 forthwith re-examine and recount such papers accordingly. The Returning Officer may also at his discretion recount papers either once or more often in any case in which he is not satisfied as to the accuracy of any count; but nothing herein shall make it obligatory on the Returning Officer to recount the same parcel of papers more than once.

• (2) The power under the foregoing paragraph of the Returning Officer to recount at his discretion papers in any case in which he 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.

• (3) As respects each candidate, one request (and not more) may be made by a 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 forthwith re-examine and recount the parcels of ballot papers accordingly. Nothing in the foregoing provisions of this sections 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.

• (4) Where an error is discovered, the Returning Officer shall, where necessary, amend any results previously announced by him/her.

9 Declaration of the result of the poll

On the completion of the counting of the votes the Returning Officer shall determine and declare the result of the poll.

10 Decisions of Returning Officer

The decision of the Returning Officer, whether expressed or implied by his/her acts, on any question which arises at a count in relation to the exclusion of any candidate under Section 5 of this Schedule or to any ballot paper or transfer of votes shall be final.

Schedule A of Rule 9

• (a) Each educational institution or hospital must submit to An Bord Altranais a curriculum for approval by a committee appointed by An Bord Altranais for that purpose. This curriculum must, inter alia, specify the structure, process and outcome of the programme, methods of assessment, examination, teaching strategies and appeals systems. Proposed sites for clinical placements must also be submitted for approval.

• (b) Annual reports on the delivery of programmes, in the format specified in the appropriate requirements and standards document, will be submitted to An Bord Altranais by the educational institution and hospital.

• (c) An Bord Altranais will review programmes approved by it at least every five years.

• (d) Each educational institution and hospital must demonstrate quality assurance activities and outcomes aimed at ensuring continuing support for and development of their curriculum and for the development of environments approved for clinical placements.

Schedule B of Rule 10

• (a) Each educational institution or hospital must submit to An Bord Altranais a curriculum for approval by a committee appointed by An Bord Altranais for that purpose. This curriculum must, inter alia, specify the structure, process and outcome of the programme, methods of assessment, examination, teaching strategies and appeals systems. Proposed sites for clinical placements must also be submitted for approval.

• (b) Annual reports on the delivery of programmes, in the format specified in the appropriate requirements and standards document, will be submitted to An Bord Altranais by the educational institution and hospital.

• (c) An Bord Altranais will review programmes approved by it at least every five years.

• (d) Each educational institution and hospital must demonstrate quality assurance activities and outcomes aimed at ensuring continuing support for and development of their curriculum and for the development of environments approved for clinical placements.

GIVEN under the Seal of An Bord Altranais,

21 May 2010

A. CARRIGY,

President.

E. DONOGHUE,

Chief Executive Officer.

The Minister for Health and Children in exercise of the powers conferred on her by Section 26 of the Nurses Act, 1985, approves of the making of the above rules.

GIVEN under the Official Seal of the Minister for Health and Children,

21 May 2010.

MARY HARNEY,

Minister for Health and Children.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

An Bord Altranais is the regulatory body for the nursing profession.

Among its main functions are:

• • the establishment and maintenance of a register of nurses and midwives;

• • provision for the education and training of nurses/midwives and student nurses/midwives;

• • approval of healthcare and educational institutions for education purposes;

• • the accreditation of posts.

The Rules as signed by the Minister for Health and Children set out the criteria in relation to the requirements for registration and post registration of nurses and midwives, the establishment and maintenance of the different registers, approval of the education and training programmes leading to the registration of nurses and midwives including approval of curricula, the approval of healthcare and educational institutes to deliver the education programmes, the minimum requirements for applicants entering an education programme and the accreditation of advanced nurse/midwife practitioners.