The Justices of the Peace (Size and Chairmanship of Bench) Rules 1990

Conduct of ballot for election of chairman and one or more deputy chairmen

7.—(1) Where there is no short list of candidates for the office of chairman, paragraph (3) below shall apply in relation to the election of the chairman and of one or more deputy chairmen.

(2) Where there is a short list of candidates for the office of chairman, paragraph (4) below shall apply in relation to the election of the chairman and the provisions in paragraph (3) below which relate to the election of one or more deputy chairmen shall apply to the election of one or more deputy chairmen.

(3) Subject to rule 4(6) of these Rules and to any directions given by the chairman for the time being as to which is to be followed, one or other of the following procedures for the conduct of the ballot for the election of the chairman and one or more deputy chairmen shall be adopted–

(a) the justices' clerk shall prepare ballot papers containing the names in alphabetical order of all the justices in the petty sessions area and shall hand to each justice present at the election meeting one list for the election of the chairman and one list for the election of the deputy chairman or deputy chairmen, and each justice shall place a mark on one list against the name of the justice he wishes to be chairman and on the other list against the name of the justice or justices he wishes to be deputy chairman or deputy chairmen (as the case may be): or

(b) the justices' clerk shall–

(i) prepare a list containing the names in alphabetical order of all the justices in the petty sessions area, a copy of which shall be sent by him to each such justice along with the notice of the election meeting and a copy of which shall be displayed at the election meeting,

(ii) prepare two sets of ballot papers containing respectively the words “Chairman”, and “Deputy Chairman” or “Deputy Chairmen” (as the circumstances require),

(iii) hand to each justice present at the election meeting one of each set of ballot papers on which each justice who votes shall write the name of the justice he wishes to be chairman and the name or names of the justice or justices he wishes to be deputy chairman or deputy chairmen (as the case may be), opposite the appropriate words.

(4) Where there is a short list of candidates for chairman under rule 6 of these Rules, the justices' clerk shall prepare ballot papers containing the names in alphabetical order of the justices who comprise the short list of candidates and hand a ballot paper to each justice present who votes at the election meeting, and each justice shall place a mark against the name of the justice he wishes to be chairman.

(5) Immediately after each ballot has been closed the justices' clerk, assisted if need be by members of his staff, shall collect the ballot papers and count the votes; if, in accordance with paragraph (6) or (7) below the ballot has been conclusive, the justices' clerk shall announce the result thereof but if, in accordance with the said paragraph (6), either of the first two ballots has been inconclusive, the justices' clerk shall announce that fact and state the names of the justices for whom votes have been cast and the number of votes which each such justice has received.

(6) Subject to the provisions of this rule, no justice shall be declared to be elected chairman unless he obtains more than half of the votes cast and, if no justice obtains such a majority at a ballot, subsequent ballots shall be held until such a majority is obtained:

Provided that if, after three ballots have been held, no justice has obtained such a majority, the justice who has obtained most votes in the aggregate in the three ballots shall be declared to be elected.

(7) Subject to the provisions of this Rule, the result of a ballot for the election of the deputy chairman or deputy chairmen shall be ascertained by counting the votes given to each justice and the justice or justices, as the case may be, who have obtained the most votes shall be declared to be elected:

Provided that if any justices obtain an equal number of votes and the addition of a vote to those cast for any one or more of those justices would entitle him or them to be elected, the clerk shall announce the fact and state the names of the justices concerned and the number of votes which they received; and thereupon a second ballot shall be held.

(8) Where a second ballot is necessary by reason of the proviso to paragraph (7) above, the justices' clerk shall either–

(a) prepare ballot papers containing the names in alphabetical order of all the justices in the petty sessions area, deleting the name of any justice who has been elected chairman or deputy chairman, or

(b) prepare ballot papers containing the words “deputy chairman—second ballot,”

and the provisions of paragraph (3) above, so far as relevant, and of paragraph (7) above, except for the proviso, shall apply.

(9) If, after three ballots for the election of the chairman, two or more justices have obtained the same number of votes in the aggregate, or if, at the second ballot for the election of a deputy chairman two or more justices obtain an equal number of votes, so that in either case the addition of a vote to those cast for any one or more of them (as the case may be) would entitle him or them to be elected, the justices' clerk shall forthwith decide between those justices by lot, and proceed as if any justice on whom the lot falls had received an additional vote.