The Justices of the Peace (Size and Chairmanship of Bench) Rules 1995

Election of deputy chairman

9.—(1) The result of the ballot for the election to the office of deputy chairman shall be ascertained by counting the votes given to each justice and the justice or justices (if there is to be more than one deputy chairman) who have obtained the most votes shall be declared to be elected.

(2) If two or more 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 be necessary in order to enable him or them to be elected, the justices' clerk shall announce the fact and state the names of the justices concerned and the number of votes which they received and a second ballot shall then be held.

(3) If a second ballot is to be held, the justices' clerk shall—

(a) where the nomination procedure is being used, prepare ballot papers which contain a list in alphabetical order of all the justices nominated as deputy chairman; or

(b) where the traditional procedure is being applied in accordance with rule 7(3)(a), prepare ballot papers which contain a list in alphabetical order of all the justices in the petty sessions area; or

(c) where the traditional procedure is being applied in accordance with rule 7(3)(b), prepare ballot papers containing the words “deputy chairman – second ballot”;

deleting in the case of (a) and (b) above the name of any justice who has already been elected as chairman or deputy chairman, and shall hand a ballot paper to each justice present at the meeting and eligible to vote who shall proceed to vote in accordance with rule 7(4)(a) or (b) as appropriate.

(4) If after the second ballot two or more justices obtain an equal number of votes so that the addition of a vote to those cast for any one or more of them would entitle him or them to be elected the justices' clerk shall decide between those justices by lot and proceed as if any justice on whom the lot falls had received an additional vote.