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

Period of office and eligibility for re-election

9.—(1) A chairman elected under these Rules shall hold office for one year from 1st January next after the date of his election and shall, subject to paragraph (2) below, be eligible for re-election.

(2) A person who has held office as chairman shall not be eligible for re-election as chairman at an election meeting if on 1st January next after the election meeting he will have held such office for five consecutive years and less than three years will have elapsed from when he last held office unless–

(a) at the time when the election meeting is held he holds office as chairman, and

(b) the justices entitled to vote at the election meeting decide, in accordance with paragraph (3) below, that the restriction on eligibility imposed by this paragraph shall not apply in relation to the election to be held at that meeting.

(3) The justices shall be taken to have decided that the restriction on eligibility for re-election provided for in paragraph (2) above shall not apply in relation to the election to be held at the election meeting if, on a postal ballot of the justices entitled to vote at the meeting conducted by the justices' clerk and carried out, subject to paragraph (4) below, not more than three months and not less than 21 days before the date of the meeting, a majority of at least three-quarters of such justices vote in favour of the restriction not being applied as aforesaid.

(4) Where the procedure described in rule 6 above is to be followed prior to an election meeting, the justices' clerk shall ensure that any such postal ballot as is referred to in paragraph (3) above is conducted first.

(5) Such a postal ballot as is referred to in paragraph (3) above shall be held in the fifth consecutive and any succeeding year of office of the chairman unless the chairman directs the justices' clerk that it shall not be held.

(6) A deputy chairman elected under these Rules shall hold office for one year from 1st January next after the date of his election and shall be eligible for re-election.