The Justices of the Peace (Size and Chairmanship of Bench) (Amendment) Rules 1991

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

6.  After rule 6 there shall be inserted the following rule:

“Procedure for drawing up short list of candidates for one or more deputy chairmen

6A— (1) Where, pursuant to rule 5(1) of these Rules, the justices decide to adopt, in relation to the three subsequent election meetings to be held, the procedure in this rule, the justices' clerk shall, subject to rule 5(2) of these Rules, not more than 3 months nor less than 21 days before each of those election meetings, send by post to each justice eligible to vote at the election for the chairman and one or more deputy chairmen, a ballot paper containing the names, in alphabetical order, of all the justices acting for the petty sessions area and shall indicate the number of deputy chairmen to be elected and the date by which the completed ballot paper should be returned to him.

(2) Each justice to whom a ballot paper is sent under paragraph (1) above who votes shall place a mark against the name of as many justices as there are deputy chairmen to be elected being the justices he wishes to be included on a short list of candidates for election as deputy chairmen and shall return the ballot paper to the justices' clerk by the date indicated by the justices' clerk by the date indicated by the justices' clerk under paragraph (1) above.

(3) Subject to paragraph (4) below, the short list of candidates for election as deputy chairman shall comprise the names of such number of justices as equals the number of deputy chairmen to be elected multiplied by four (such product hereinafter being referred to as “x”) being the justices who received the most number of votes and, if he is not among such number, the name of any justice who received at least 10% of all the votes cast, or, where the x highest number of votes received were cast for more than x justices, the names of such larger number of justices who received the x highest number of votes cast and, if he is not among such number, the name of any justice who received who received at least 10% of all the votes cast.

(4) Where the votes received are for fewer than x justices, the names of such lesser number of justices as did receive votes shall comprise the short list of candidates for election as deputy chairman unless the number of justices for whom votes are cast is fewer than the number of deputy chairmen to be elected, or, in the case where only one deputy chairman is to be elected, votes are cast for one justice only, in which case the names of such justices shall not be disclosed and no short list of candidates shall be drawn up.

(5) Notice of a result of a ballot held under this rule and given in accordance with rule 4(2) of these Rules shall contain the names of the justices comprised in the short list and no other or the fact that votes were cast for fewer justices than the number of deputy chairmen to be elected, or for one justice only, as appropriate, but shall not disclose the number of votes cast for any justice.

(6) Where the votes received under a ballot held under this rule were for fewer justices than the number of deputy chairmen to be elected, or, in the case where only one deputy chairman was to be elected, for one justice only, the notice of the result of the ballot shall also state that the ballot for the election of the deputy chairman or deputy chairmen will be conducted under rule 7(3) of these Rules.”.