The Justices of the Peace Rules 2016

Determining result of secret ballot E+W

12.—(1) Where there is a single vacancy, the candidate who receives the highest number of votes cast is elected.

(2) Where there is more than one vacancy, the requisite number of candidates (being the number equal to the number of vacancies) who have received the highest number of votes are elected.

(3) If—

(a) two or more candidates have received an equal number of votes for a vacancy (the “tied candidates”), and

(b) taking into account the election of any candidate who has received a higher number of votes than the tied candidates—

(i) the election of one or more of the tied candidates is necessary to make up the requisite number, but

(ii) the election of all of the tied candidates would exceed the requisite number,

the [F1 justices' legal adviser] must decide between them by lot, and paragraph (4) applies.

(4) Where this paragraph applies, the candidate or candidates (as applicable) on whom the lot falls is elected.

(5) As soon as practicable after an election under this Rule, the [F2 justices' legal adviser] must notify the candidates, as to—

(a) the result;

(b) the number of votes cast for each candidate, and

(c) where relevant, if a lot was required.

(6) As soon as practicable after notifying the candidates under paragraph (5), the [F3 justices' legal adviser] must notify the eligible justices as to—

(a) the result;

(b) the number of votes cast for each candidate, and

(c) where relevant, if a lot was required.

Textual Amendments

F1 Words in rule 12(3) substituted (6.4.2020) by The Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations 2020 (S.I. 2020/100), reg. 1(2), Sch. para. 19(3)(e) (with reg. 4)

F2 Words in rule 12(5) substituted (6.4.2020) by The Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations 2020 (S.I. 2020/100), reg. 1(2), Sch. para. 19(3)(e) (with reg. 4)

F3 Words in rule 12(6) substituted (6.4.2020) by The Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations 2020 (S.I. 2020/100), reg. 1(2), Sch. para. 19(3)(e) (with reg. 4)

Commencement Information

I1 Rule 12 in force at 31.7.2016, see rule 1(2)(c)