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Electoral Scheme for the Election of Architect Members to the Architects Registration Board
Interpretation
In this Scheme unless the context requires otherwise:
”the Act” means the “Architects Act 1997”
“Ballot material” means the ballot papers, the internet voting website, the candidates’ election statements and the envelopes for the despatch and return of ballot papers
“Candidate” means a person who has been validly nominated to stand for election to the Board
“Registered Person” means an individual whose name appears in the Register
“Election” means the procedure by which the members of the Board are elected as set out in this Scheme
“Register” means the Register of Architects established under the Act excluding any person who is registered only either in Part 2 thereof or (for the avoidance of doubt) in the list of visiting EEA architects
“Returning Officer” means an individual appointed in accordance with Paragraph 2.1 of this scheme
“the Registrar” is the person appointed by the Board as Registrar of Architects
“Election Year” is any year in which the triennial term of office of the elected members of the Board is due to expire
“Working Day” means a day other than a Saturday or Sunday
References to paragraphs are to the paragraphs in this electoral scheme
References to a person shall be construed so as to include any individual, firm, company, association, agency, joint venture or partnership (whether or not having separate legal personality) and
Reference to the singular includes the plural and vice versa.
ELECTION TIMETABLE
Notice of Election |
31 October in any year preceding an election |
Nomination period closes |
Noon on 10 January in an election year |
Electoral Roll compiled |
10 January in an election year |
Despatch of ballot papers |
1 February |
Voting Period |
February to noon on 1 March in an election year |
Results announced |
By no later than 10 March in an election year |
NB. Where any of the above dates fall on a Saturday or Sunday, the operative date will fall on the next working day
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The role of a Board member carries a significant degree of responsibility. You are standing for election to a body that Parliament has created to carry out the functions in the Architects Act 1997. Those who are subsequently elected to the Board must abide by the rules of the Board.
The Board has to carry out its duties taking into account the interests of the public, as well as the interests of architects registered under the Act or those who wish to be registered. Board members are involved in decisions which are likely to have an impact - perhaps immediately, perhaps in the future. It is incumbent upon Board members to act with probity and integrity at all times. In developing and implementing the Board’s policies, they must ensure that entry to and remaining on the Register is regulated to the high standards expected by Parliament and the general public.
It is recommended that candidates read the booklet accompanying this Scheme, Information for Prospective Board Members, which sets out in more detail what is expected of Board members.
| 1. | Elections and Period of Office | |
| 1.1 | There shall be seven members of the Board elected in accordance with this Scheme. |
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| 1.2 | All seven elected members shall be elected and retire simultaneously. | |
| 1.3 | Each member of the Board shall serve for a three-year period of office which shall commence on the first day of April immediately following the announcement of the result of the election at which that member was declared to be elected and which shall end on the first day of April three years following commencement. |
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| 1.4 | On expiry of the first three-year term of office, elected members may stand again as a candidate. However, a person who has held office as a member of the Board for a continuous period of six years may not be elected as a member until at least three years have elapsed since they last held office. | |
| 2. | Returning Officer | |
| 2.1 | The Registrar of Architects shall be the Returning Officer for the election and shall be responsible for the conduct of the election in accordance with, and subject to, this Scheme. |
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| 2.2 | The Returning Officer shall appoint an independent body to supervise the conduct of the election. The independent body so appointed shall be responsible for arranging the printing and distribution of ballot material and for counting the votes cast in accordance with this Scheme. The independent body shall arrange for the printing and distribution of the ballot material by the most cost effective method deemed appropriate by the Returning Officer. The Board shall provide the independent body with sufficient financial resources for the independent body to carry out its functions described in this paragraph. | |
| 2.3 | The Returning Officer shall appoint an independent body which he or she reasonably believes has the experience, capacity and recognised independence to carry out its functions described in paragraph 2.2 in a fair and competent manner. | |
| 3. | Electoral Roll | |
| 3.1 | On the tenth day of January in any election year the Returning Officer shall cause an electoral roll to be formed. The electoral roll shall comprise the names and addresses of all persons entered on the Register of Architects on the date that the electoral roll is formed. | |
| 3.2 | Any person whose name appears on the electoral roll on the date at which it is formed shall be entitled to one vote in any election which takes place during the next twelve months. | |
| 4. | Notice of Election | |
| 4.1 | By the last working day of October in any year immediately preceding an election year the Returning Officer shall publish an election notice. | |
| 4.2 | he election notice shall specify the following information:
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| 4.3 | The notice of the election shall be announced to all Registered Persons by the last working day of October in any year immediately preceding an election year. In addition, the Board may further publish the election notice in any manner that it deems to be appropriate. | |
| 5. | Nomination | |
| 5.1 | Any Registered Person is entitled to seek nomination as a candidate. Any such nomination shall be supported in writing by at least twelve other persons who are Registered Persons on the final date by which the nomination must be received in accordance with paragraph 5.6. |
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| 5.2 | A Registered Person submitting a nomination paper shall be a person whose name is entered on the Register on the final date by which the nomination may be received in accordance with paragraph 5.6. A candidate may reside or work in the United Kingdom or abroad but, if that candidate is elected, he or she shall only be entitled to reasonable travel expenses from the Board to attend meetings to the extent that such travel expenses are incurred within the United Kingdom. | |
| 5.3 | Nominations shall be made on the nomination paper provided by the Returning Officer at the address specified in the election notice. | |
| 5.4 | The nomination paper shall state:
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| 5.5 | The candidate shall sign the nomination paper to confirm that:
Any nomination which does not comply with these requirements shall be deemed invalid. |
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| 5.6 | A nomination paper shall be received by the Returning Officer at the address specified in the election notice by noon on the tenth day of January in an election year. Any nomination paper received after that time on that date shall be ruled invalid. Proof of posting shall not constitute proof of receipt, but the Returning Officer will acknowledge actual receipt immediately. A nomination paper may not be withdrawn after that time and date. |
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| 5.7 | A candidate is permitted to provide an election statement, accompanied by a passport-sized photograph if they so wish, which shall be circulated to all Registered Persons entitled to vote in the election in which they are a candidate. In preparing an election statement, candidates are reminded that the Board has both to deliver and to discharge the functions and requirements of the Act as it is written. Any election objectives that a candidate might have should therefore be confined to those functions and requirements which the Act permits. An election statement shall not exceed 250 words. The election statement shall be submitted in typewritten format so as to be received by the Returning Officer by noon on the tenth day of January in any election year. Any election statement received after that time on that date shall not be circulated. |
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| 5.8 | The Returning Officer shall have the right to edit any election statement if, in his or her opinion, he or she believes that the statement requires editing. In particular, but without limitation, the election statement shall be edited for reasons of style, because it exceeds the permitted number of words or because it contains statements of a misleading or inaccurate nature. In such a situation, the candidate will first be offered the opportunity to edit their own election statement. If they reject this offer, the Returning Officer will edit the statement as appropriate. |
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| 6. | Invalid Nominations | |
| 6.1 | Where, in the opinion of the Returning Officer, a person’s nomination is invalid because it is not in accordance with this scheme, the Board’s rules or other legal requirements, the Returning Officer shall immediately notify the person to that effect by telephone and in writing, stating the reasons why the nomination is considered to be invalid. |
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| 6.2 | A person whose nomination has been ruled invalid may appeal in writing against the Returning Officer’s decision stating the reasons why he or she believes the nomination should be validated. Any such appeal shall be received by the Returning Officer not more than seven clear days after the day by which the candidate’s nomination paper was required to be received in accordance with paragraph 5.6. The Returning Officer shall consider any such appeal and make a ruling on the appeal, any such decision being final. | |
| 7. | Conduct of the Election |
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| 7.1 | In accordance with paragraph 2.2, an independent body shall be responsible for arranging the printing and distribution of ballot material and the counting of votes cast in accordance with paragraph 2.2, subject to the provisions of paragraphs 7.2 to 8.6. | |
| 7.2 | The independent body shall prepare ballot material for the election and shall cause sufficient numbers of such material to be printed for distribution to the persons on the electoral roll. | |
| 7.3 | The ballot paper shall include the following information:
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| 7.4 | Each ballot paper shall be sequentially numbered for the purpose of security and shall contain security codes to provide voters with secure access to the online voting site. The ballot shall be secret and the serial number and security codes of the ballot paper issued to any person shall not be recorded. |
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| 7.5 | Any person on the Roll who has not received a voting paper, or who inadvertently spoils or destroys his or her voting paper shall, on requesting a further voting paper from the independent body, be sent another voting paper. The independent body, when sending a replacement voting paper, shall include a form of undertaking for that person to sign saying that he/she will not submit more than one voting paper in the election. |
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| 7.6 | The independent body shall prepare a document containing the election statements submitted by the candidates in accordance with paragraph 5.7 and shall ensure that sufficient numbers of each are printed for distribution to the persons on the electoral roll. |
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| 7.7 | The independent body shall despatch to each person on the electoral roll by the first of February in an election year:
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| 8. | Election System and Count | |
| 8.1 | The election shall take place by the single transferable vote system as defined in the rules specified in the Appendix which are based on rules prepared by the Electoral Reform Society of Great Britain and Ireland. | |
| 8.2 | In accordance with paragraph 7.7, each voter shall have one single transferable vote and shall mark numbers against the names of the candidates either on the postal ballot paper or via the internet voting site, to indicate the order of his or her preference for the candidates. | |
| 8.3 | If voting by post, each voter shall place the completed ballot paper in the reply envelope provided and post it so that it is received by the independent body by noon on the first of March in any election year, subject to the provisions of paragraph 10.1. Internet voters must also cast their votes by this time and date. | |
| 8.4 | After the last date for the receipt of votes cast, the independent body shall determine the validity of each vote cast and shall proceed to conduct the election in accordance with the rules specified in the Appendix. | |
| 8.5 | If a candidate dies following the circulation of ballot papers but prior to the completion of the count, only votes for that candidate shall be disregarded. If an elected candidate dies following the completion of the count, a casual vacancy will be deemed to have arisen. | |
| 8.6 | By not later than the tenth day of March in each election year, the independent body shall provide the Returning Officer with a certified report specifying the following particulars:
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| 8.7 | The certified report shall be signed by a duly authorised officer of the independent body and shall be accompanied by a result sheet detailing the votes credited to each candidate at each stage of the election count. | |
| 8.8 | The Returning Officer shall ensure that the results of the election are:
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| 9. | Casual Vacancies | |
| 9.1 | Where a person relinquishes his or her seat on the Board (for whatever reason) before that person’s period of office has expired, a casual vacancy shall be created. The Board shall fill any casual vacancy in accordance with the specific requirements of the Act. |
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| 10. | Postal Disruption | |
| 10.1 | In the event of a disruption to postal services the Returning Officer may extend the deadlines by which nomination papers and ballot papers shall be returned at his or her discretion. | |
| 11. | Timing of Electoral Procedure | |
| 11.1 | The date upon which the period of office of members of the Board elected in accordance with this Scheme shall begin, as specified in paragraph 1.3, may be amended by the Board from time to time. In the event of such an amendment being made all other dates specified in this Scheme shall be amended accordingly. |
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APPENDIX Rules for Counting Votes |
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| 1. | The First Stage |
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| 1.1 | The votes cast shall be sorted into parcels according to first preferences, any invalid papers being set aside. |
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| 1.2 | The numbers of first preference votes for each candidate and the total number of valid votes shall be determined. |
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| 1.3 | The quota for election shall be determined by dividing the total number of valid votes by one more than the number of places to be filled, the result being rounded up if not exact to the next whole number above. |
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| 1.4 |
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| 1.5 | This completes the first stage of the count. |
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| 2. | Subsequent Stages |
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| 2.1 |
the transfers of such surpluses shall be deferred. |
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| 2.2 |
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| 2.3 | If the two or more candidates with the largest surpluses have equal surpluses, the surplus of the candidate who was credited with the largest number of votes at the earliest stage at which they had an unequal number of votes shall be transferred. If such two or more candidates have been credited with the same number of votes at all stages of the count, it shall be determined by lot which surplus to transfer. |
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| 2.4 |
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| 2.5 |
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| 2.6 |
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| 2.7 |
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| 3. | Transfer of a Surplus |
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| 3.1 | In the case of a surplus arising at the first stage, all the votes received by a candidate shall be examined. |
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| 3.2 | In the case of a surplus arising at a later stage consequential on the transfer of another surplus or from the exclusion of a candidate or candidates, only the last parcel of votes, all of one value, which gave rise to the surplus, shall be examined. |
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| 3.3 | The votes to be examined shall be sorted into sub-parcels according to next available preferences for continuing candidates, any papers on which no next available preference is expressed being set aside. |
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| 3.4 | The number of votes in each sub-parcel, the total number of transferable votes, and the number of non-transferable votes shall be determined. |
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| 3.5 | If the present total value of the transferable votes exceeds the surplus, the transfer value of each vote shall be determined by dividing the surplus by the number of transferable votes to two decimal places. The votes shall be marked with the new transfer value. Otherwise the transfer value of each vote is its present value. |
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| 3.6 |
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| 3.7 | Any candidate who is now credited with a number of votes equal to or exceeding:
shall be deemed to be elected, provided that the number of candidates deemed elected does not exceed the number of places to be filled. |
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| 3.8 | The transfer of a surplus constitutes a further stage in the count. |
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| 4. | Exclusion of a Candidate or Candidates |
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| 4.1 |
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| 4.2 | The parcel of votes of highest transfer value shall be sorted into sub-parcels according to next available preferences for continuing candidates, any votes on which no next available preference is expressed being set aside. | |
| 4.3 | The number and value of votes in each sub-parcel, and the number and value of non-transferable votes, shall be determined. |
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| 4.4 | Each continuing candidate shall be credited with the value of any votes received, and the value of any non-transferable votes shall be added to the previous non-transferable total. | |
| 4.5 | Any candidate who is now credited with a number of votes equal to or exceeding:
shall be deemed to be elected, provided that the number of candidates deemed elected does not exceed the number of places to be filled. |
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| 4.6 | Any remaining parcels of votes shall be sorted and transferred in turn in descending order of transfer value in the same way, and candidates deemed elected where appropriate. | |
| 4.7 | After the transfer of a parcel of votes of any one value, if the total value of the remaining votes of lower value does not exceed the difference between:
the transfer of the remaining parcels of papers may be deferred and their value held in suspense. |
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| 4.8 | The exclusion of a candidate or candidates constitutes a further stage in the count. | |
| 5. | Filling the Last Vacancies |
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| 5.1 | If at any stage, as the result of the proposed exclusion of one or more candidates the number of continuing candidates would be equal to the number of places remaining to be filled, such continuing candidates shall be deemed to be elected. |
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| 5.2 | If at any stage the number of candidates deemed to be elected is equal to the number of places to be filled, no further transfers of votes shall be made, and the remaining continuing candidate(s) shall be formally excluded. |
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| 5.3 | The count is now complete. |
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