Health Board (Election of Members) (Amendment) Regulations, 1999.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Health Board (Election of Members) (Amendment) Regulations, 1999.
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paragraphs: The Health Board (Election of Members) Regulations, 1972 ( S.I. No. 60 of 1972 ) are hereby amended as follows:
(a) by the insertion into Article 2, after “the Health Act, 1970 ” of the following:
“The Act of 1999” means the Health (Eastern Regional Health Authority) Act, 1999 ;
“the establishment day” means the day appointed by order under section 3(1) of the Act of 1999;
“Regional Chief Executive” means a person appointed under section 12 of the Act of 1999 or a person appointed by the Minister as a temporary Regional Chief Executive under section 13 (9) of the Health Act, 1970 (No. 1 of 1970);
(b) by the substitution, in Article 2, of the following definition for the definition of “election year”:
“‘election year’ means, as respects the first elections held for the purposes of section 11(2)(b) of the Act of 1999, the year 1999, and as respects all other elections pursuant to these Regulations, the year in which members elected in accordance with these Regulations complete their terms of office;”
(c) by the insertion of the following Article after Article 3:
“3A. Elections for the purposes of section 11(2)(b) of the Act of 1999 shall be conducted in accordance with these Regulations.”
(d) by the insertion, in Article 4, after sub-article (2), of the following:
“(3) The persons first elected under these Regulations for the purposes of section 11(2)(b) of the Act of 1999 shall take office on the establishment day.”
(e) by the insertion, in Article 5, after sub-article (5), of the following:
“(6) As respects the first elections held for the purposes of section 11(2)(b) of the Act of 1999, the chief executive officer of the Eastern Health Board shall be the returning officer and in the case of subsequent elections held for those purposes, the Regional Chief Executive shall be the returning officer.”
(f) by the insertion, in Article 6, after sub-article (5), of the following:
“(6) As respects the first elections held for the purposes of section 11(2)(b) of the Act of 1999, the provisions of this Article shall apply with the substitution, in sub-articles (2) and (3), of the 8th day of August for the 1st day of March. In respect of all subsequent elections held for the purpose of section 11(2)(b) of the Act of 1999, the references to the first day of March shall be applicable”.
(g) by the insertion, in Article 8, after sub-article (9), of the following:
“(10) As respects the first elections held for the purposes of section 11(2)(b) of the Act of 1999, the provisions of this Article shall apply with the substitution in sub-articles (1) and (2) of the 22nd day of September for the 15th day of April. In respect of all subsequent elections held for the purpose of section 11(2)(b) of the Act of 1999, the references to the 15th day of April shall be applicable”.
(h) by the substitution of the following sub-articles for sub-articles (1) and (2) of Article 10:
“10. (1) If in respect of registered medical practitioners or of any of the other professions mentioned in article 3, the number of duly nominated candidates does not exceed the number of persons to be elected in the particular category, the returning officer shall, subject to compliance with the provisions of articles 5(4), 6(4), 7(4), 8(4), 9(4), 10(4) and 11(4) of the Health Boards Regulations, 1970 and section 11(2)(b)(i) of the Act of 1999 (which require that registered medical practitioners in particular classes be appointed) forthwith declare such candidate or candidates to be elected.
(2) If, in an election of registered medical practitioners, the number of persons nominated who are in any of the classes of registered medical practitioners referred to in articles 5(4), 6(4), 7(4), 8(4), 9(4), 10(4) and 11(4) of the Health Boards Regulations, 1970 or in section 11(2)(b)(i) of the Act of 1999, does not exceed the number specified for that class, the returning officer shall forthwith declare such candidate or candidates to be elected and shall proceed to take a poll in respect of the remaining classes.”
(i) by the substitution of the following sentence for the first sentence of sub-article (6) of article 10:
“(6) In the election of registered medical practitioners, the returning officer shall ensure that the provisions of articles 5(4), 6(4), 7(4), 8(4), 9(4), 10(4) and 11(4) of the Health Boards Regulations, 1970 and of section 11(2)(b)(i) of the Act of 1999, are complied with and subject to this the requisite number of candidates having the greatest number of votes shall be declared elected by the returning officer.”
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paragraphs: In respect of election held for the purposes of section 11(2)(b) of the Act of 1999, forms in like form to those set out in the First to Sixth Schedules of the Health Board (Election of Members) Regulations, 1972 ( S.I. No. 60 of 1972 ) shall be used with all necessary and consequential amendments having been made to take account of the provisions of the Act of 1999 and these Regulations.
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paragraphs: All references to the forms set out in the First to the Sixth Schedules of the Health Board (Election of Members) Regulations, 1972 ( S.I. No. 60 of 1972 ) shall, where necessary, in respect of elections held for the purpose of section 11(2)(b) of the Act of 1999 be construed as a reference to the said form duly amended to take account of the provisions of the Act of 1999 and these Regulations.
GIVEN under the Official Seal of the Minister for Health and Children this 30th day of July, 1999.
BRIAN COWEN,
Minister for Health and Children.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the Health Board (Election of Members) Regulations, 1972 to allow for the election of registered professions to the Eastern Regional Health Authority.