Office of Public Sector Information

EXPLANATORY NOTE

(This note is not part of the Order)

This Order approves amendments made by the Nursing and Midwifery Council (“the Council”) to its Rules relating to the election scheme for the elected members of the Council. Elections are held annually for groups of registrant and alternate members of the Council on the basis of either the “first past the post” system, if there are only two candidates, or a “single transferable vote” system, if there are more than two candidates. The winner of the ballot becomes the registrant member and the second placed candidate becomes the alternate member for the particular national constituency and part of the Council’s register in relation to which the election is taking place.

The overall timetable for elections is reduced from six months to three, with corresponding cuts in the time allowed for each stage of the electoral process to take place (rules 3(a), 4, 6(a), 8(a) to (c))

Previously, at elections (modified arrangements apply, in any event, where a by-election is needed), if no candidates had put themselves forward by the last date for nominations, there was the possibility of two extension periods, but this has been reduced to one. Now, if one candidate emerges during the sole extension period, that person becomes the registrant member (at an annual election) and a by-election is held (if needed) for the alternate member (rule 8(d)). Similarly, if one candidate puts himself or herself forward before the last date for nominations, that candidate becomes the registrant member (at an annual election) and a by-election is held (if needed) for the alternate member (rule 9). The rules relating to what happens in the event of the death or disqualification of a candidate are adapted to follow the same approach, and a minor timetabling modification has been made to that procedure, so that the cut-off point between different arrangements applying is the printing rather than the circulation of voting papers (rule 13). The new approach has also necessitated a number of changes to update cross references to the amended provisions (rules 2, 3(b), 5, 7, 10, 11, 12 and 14).

Where registrant and alternate members have been elected in a single transferable vote ballot, the unsuccessful candidates, in the order in which they were placed in the ballot, become eligible for promotion to a vacant seat on Council, if one becomes available. If, in the meantime, they have ceased to be entitled to the office for which they sought election (for example, because the office holder must live or work wholly or mainly in a particular country and they no longer do so), they are deemed to refuse a promotion to which they would otherwise be entitled. If that results in a vacancy that needs to be filled, there has to be a by-election (rule 15). The opportunity has also been taken to remove some redundant wording (rule 6(b)).