1. An employee who is employed in the State by the relevant undertaking on the day the date or dates for an election of members of the Information and Consultation Forum (in this Schedule referred to as the “Forum”) is fixed and who is, on the election day or days, an employee of the undertaking, shall be entitled to vote in such an election.

2. An employee who is employed in the State by the undertaking for a continuous period of not less than one year on the nomination day shall be eligible to stand as a candidate for election as a member of the Forum, provided that he or she is nominated by—

(a) at least 2 employees, or

(b) a trade union or excepted body with whom it is the practice of the employer to conduct collective bargaining negotiations.

3. Where the number of candidates on the nomination day exceeds the number of members to be elected to the Forum, a poll shall be taken by the returning officer and voting in the poll shall take place by secret ballot on a day or days to be decided by the returning officer and according to the principle of proportional representation.

4. The employer in consultation with existing employees shall appoint a returning officer whose duties shall include the organisation and conduct of nominations and elections and that officer may authorise other persons to assist in the performance of the duties of returning officer.

5. The returning officer shall perform his or her duties in a fair and reasonable manner and in the interests of an orderly and proper conduct of nomination and election procedures.

6. The cost of the nomination and election procedure shall be borne by the employer.