The Health Professions Council (Election Scheme) Rules Order of Council 2004

Protests or Reports

17.—(1) Any protest or report under rule 16 shall be considered by the Council at its next meeting.

(2) The Council shall afford the person concerned an opportunity of making a reply in writing to the protest or the report, and may if it thinks fit hear oral statements from representatives of the persons signing the protest, from the Returning Officer and from the person concerned.

(3) If the Council is satisifed—

(a)that the expenditure incurred by on behalf of the person concerned in the conduct or management of the election exceeded the limit specified in rule 14;

(b)that the person concerned has failed to furnish a true and complete return of election expenses as required by rule 15;

(c)that the election of the person concerned was furthered by conduct of the kind described in rule 16(2)(b); or

(d)that the election of the person concerned was in some other respect not in accordance with the requirements of these Rules.

then (unless, in case (d), it appears to the Council that the election was conducted substantially in accordance with the requirements of these Rules and that any non-compliance with those requirements did not affect the result) the Council may declare that person’s election invalid, and in that event the resulting vacancy shall be filled by a further election as provided by rule 13.

(4) If the Council declare the election of any person invalid it shall consider whether in the circumstances of the case it should also declare that person to be disqualified from being nominated as a candidate in any further election held pursuant to paragraph (3) and, if it declares the person to be so disqualified, any nomination of that person shall be rejected as invalid by the Returning Officer.

(5) Any declaration made by the Council under this rule shall be published and shall be binding upon all persons.