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The Peterhead Harbours Revision (Constitution) Order 2002

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Elections

7.  The following rules shall be observed with respect to the elections for trustees under articles 4(1)(a), (b) and (c)–

(1) Not less than 21 clear days prior to the date for the election the chief executive shall by notice posted on a board outside the harbour office and published by insertion at least once in a newspaper circulating in the Peterhead Harbours electoral area, intimate:–

(a)the names of the retiring trustees;

(b)the date and times by which applications and the withdrawal of applications must be lodged with the chief executive;

(c)the nomination procedure outlined in articles 4 and 5;

(d)the date, time and place of the election in the event of a poll being necessary, such place being within the Peterhead Harbours electoral area and such date being between 1st November and 31st December.

(2) The returning officer shall be the chief executive or such other person as may be appointed by the chief executive, and the returning officer shall preside at the polling place;

(3) Any application by a candidate may be withdrawn by notice of withdrawal to the returning officer and such notice of withdrawal shall be signed by the person who made the application;

(4) If there are no more approved candidates than the number to be elected in a particular class the returning officer shall on or before the Wednesday preceding the election cause public notice to be given of the persons so nominated, which notice shall be affixed in some place accessible to the public within the office of the trustees or in some conspicuous place on the outside thereof and advertised in one or more newspapers published or circulating in Peterhead, and shall give notice that as the number of approved candidates in such class does not exceed the number of vacancies to be filled at the election there will be no poll for that class, and shall further declare that the persons so proposed will on the day of election be deemed to be the elected trustees, and on the day of the election the persons so proposed shall accordingly be deemed to be duly elected;

(5) If there are more approved candidates for any of the classes than the number to be elected the returning officer shall order a poll which shall take place on the day and at the place fixed for the election;

(6) The poll shall be taken by ballot in the manner of a Parliamentary election or in such manner as may be determined by the returning officer;

(7) Such of the persons who, being not more than the number of elected trustees at an election under this Order, shall be found to have the greatest number of valid votes at such election shall, if duly qualified according to this Order, be deemed to be elected trustees, and the returning officer 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 the returning officer shall also publish a copy of such certificate as soon as practicable in a newspapers circulating within the district;

(8) If there are more approved candidates for any of the classes than the number to be elected the returning officer shall order a poll which shall take place on the day fixed for the election and shall be by secret ballot;

(9) In case of an equality in the number of votes at an election, the returning officer determine by lot which of the persons having such equality of votes shall be the trustee or trustees.

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