The Justices of the Peace Rules 2016

Material irregularity in election procedure

16.—(1) Where the justices’ clerk is satisfied (either of their own motion or following representation from an eligible justice) that a material irregularity has occurred in the election procedure, the justices’ clerk may revoke the result of the election and repeat the election procedure, or a part of it, in respect of the relevant vacancy or vacancies.

(2) An eligible justice must make a representation as to any material irregularity to the justices’ clerk within 14 days of the notification of the result of the election under Rule 10(8) or 12(6).

(3) The justices’ clerk must notify the eligible justice who made the representation of their decision within 14 days.

(4) If the justices’ clerk does not repeat the election procedure, an eligible justice may, within 14 days of notice of such decision, request a judicial office holder, nominated for this purpose by the Lord Chief Justice, to revoke the result of the election and repeat the election procedure, or a part of it.

(5) The eligible justice making a request under paragraph (4) must—

(a) make the request in writing to the justices’ clerk; and

(b) specify the grounds on which the request is made.

(6) The nominated judicial office holder may—

(a) confirm the result of the election, or

(b) if satisfied that a material irregularity has occurred in the election procedure, revoke the result of the election and direct the justices’ clerk to repeat the election procedure, or a part of it.

(7) The justices’ clerk or nominated judicial office holder must give candidates and any eligible justice who has made representations under paragraph (2), the opportunity to make representations before determining whether to repeat the election procedure, or any part of it.