Office of Public Sector Information
SCHEDULE continued
4 In the event of a poll not being required in any of the classes of electors hereinbefore mentioned by reason of the withdrawal of any candidate or candidates for election as hereinbefore provided or of no more candidates being originally nominated than the number to be elected in the aforesaid classes of electors, the chief executive shall, immediately after the time hereinbefore fixed for the withdrawal of candidates, sign a declaration of election which declaration shall be conclusive evidence thereof; and as soon as practicable he shall publish a copy of such declaration of election in a newspaper published or circulating in the district.
5 If, after the lapse of the time hereinbefore appointed for receiving a notice of withdrawal by a candidate, more candidates remain nominated than the number to be elected in any of the classes of electors hereinbefore mentioned, the election shall be carried out by a poll which shall be taken in manner hereinafter provided and the chief executive shall forthwith give notice of the poll by publishing the same in manner similar to the notice referred to in paragraph 1 of this Schedule.
6 When a poll is required the same shall be taken by ballot in the manner of a Parliamentary election or in such manner as may be determined by the chief executive.
7 Upon the completion of the poll the persons who, being not more than the number of elected trustees to be elected at any election under this Order, shall be found to have the greater number of votes at such election shall, if duly qualified according to this Order, be deemed to be elected trustees, and the chief executive shall prepare and sign a certificate of election which certificate shall be final and conclusive as to the result of the poll and the trustees elected at such election and he shall also publish a copy of such certificate as soon as practicable in a newspaper circulating within the district.
8 The certificate of election aforesaid shall as soon as practicable and at latest within 24 hours from the completion of the counting of the votes be transmitted to the trustees by the returning officer who shall be the chief executive. In case of an equality in the number of votes after a recount, the chief executive shall determine by lot which of the persons having such equality of votes shall be the trustee or trustees.
9 In the event of the chief executive not receiving a nomination or nominations as hereinbefore provided of the name or names of persons proposed for election sufficient to supply the vacancy or vacancies in any class or classes of electors aforesaid or in the event of any such vacancy or vacancies not being supplied by reason of the requisite number of trustees not being elected from any cause whatsoever then in either of these events the trustees may fill up such vacancies.
Section 63.
| Chapter | Short title | Extent of repeal |
|---|---|---|
| (1) | (2) | (3) |
| 36 & 37 Vict. c. clvii. | Peterhead Harbours Act 1873. | The whole Act. |
| 39 & 40 Vict. c. clxxiv. | Peterhead Harbours Amendment Act 1876. | The whole Act. |
| 44 & 45 Vict. c. civ. | Pier and Harbour Orders Confirmation Act 1881. | The Peterhead Harbours Order 1881. |
| 57 & 58 Vict. c. clxx. | Peterhead Harbours Act 1894. | The whole Act. |
| 9 & 10 Geo. 5 c. xcv. | Peterhead Harbours Order Confirmation Act 1919. | The whole Act and the Order scheduled thereto. |
| 11 & 12 Geo. 5 c. xcviii. | Peterhead Harbours Order Confirmation Act 1921. | The whole Act and the Order scheduled thereto. |
| 1981 c. v. | Peterhead Harbours Order Confirmation Act 1981. | The whole Act and the Peterhead Harbours Order 1980 scheduled thereto. |
Peterhead Harbours Order Confirmation Act 1992 (C. Xii)