8. Procedure when nominations by persons at AGM
When, in accordance with the direction of the Governor, the nomination of persons for appointment as members of the board of management of a public hospital is to be made by the persons resident in the district and present at the annual general meeting of such persons convened by the board of management of a public hospital, the following provisions shall apply, namely ¾
(aa) The Minister may direct that the Returning Officer for every aspect of the ballot process under this regulation shall be the Electoral Commissioner appointed under the Electoral Act 1907, or such other officer holding an appointment under that Act appointed by the Electoral Commissioner by notice to the Minister.
(a) Upon receipt of a notice from the Under Secretary 2 of the Department of Public Health 3 that a vacancy has occurred or is about to occur in the office of a member of the board of management of the public hospital, the Returning Officer shall cause the matter of the nomination of a person for appointment to fill such vacancy to be included in the agenda paper for and the notice of the next following annual general meeting of persons resident in the district convened by the board of management of the public hospital.
(b) At such next annual general meeting the matter of the said nomination shall be dealt with in the order of the business of the meeting.
(c) The Returning Officer shall call for the submission of candidates by the persons present at the meeting.
(d) Every person whose name is submitted as a candidate shall consent, either in person or in writing, to such submission, which shall be proposed and seconded by persons who are present at the meeting.
(e) When the number of candidates submitted at the meeting does not exceed the number of persons required to be nominated for appointment, the Returning Officer shall declare the candidates submitted to have been nominated for appointment as members of the board of management.
(f) When the number of candidates submitted at the meeting exceeds the number of persons required to be nominated for appointment, the Returning Officer shall cause a ballot to be taken of the persons present at the meeting.
(g) When a ballot is taken, as provided for in paragraph (f), regulations 4(i), 4(j), 4(ja) and 4(jb) apply, with such modifications as are necessary, to the method by which the ballot is held and the successful candidate or candidates are determined.
(h) When the nomination of candidates for appointment as members of the board of management has been determined as provided in paragraph (e) or paragraph (g), the Returning Officer shall by writing under his hand certify that fact, together with the names, addresses, and occupations of the candidates who have been nominated to the Under Secretary 2 of the Department of Public Health 3, and such certificate shall be deemed to be and shall constitute the nomination of the persons named therein for appointment as members of the said board.
(i) On receipt of the certificate mentioned in paragraph (h), the Under Secretary 2 of the Department of Public Health 3 shall transmit the same to the Minister for submission by him to the Governor in Council.
[Regulation 8 amended in Gazette 23 January 1987 p.185; 21 August 1992 pp.4132-3.]