The Padstow Harbour Revision Order 1987

Article 6.

SCHEDULE 1 RULES FOR ELECTION OF COMMISSIONERS

1.  In this Schedule—

“electors” means the Padstow electors, the St. Minver electors or the Wadebridge electors, as the case may be;

“relevant area” means the Padstow area, the St. Minver area or the Wadebridge area, as the case may be.

2.  The Clerk for the time being to the Commissioners shall be the returning officer for the election of Commissioners under the provisions of this Order and it shall be the duty of the returning officer to do all such acts and things as may be necessary for effectually conducting the elections in the manner provided by those rules.

3.  The returning officer shall make arrangements for the nomination of candidates for the election in each relevant area, in the case of the first election, of three Commissioners and, in the case of subsequent elections, of one Commissioner and—

(a) as soon as maybe after the coming into force of the Padstow Harbour Revision Order 1987; and

(b) during every subsequent January,

shall publish notice by advertisement in one or more local newspapers circulating in the relevant area and by such other means as the Commissioners may think fit of the closing day fixed for the nomination of candidates for the election to be held that year. The day so fixed must be

(i) for the first election, not earlier than one week or later than three weeks after the first publication of the notice;

(ii) in subsequent years, not later than 14th February.

4.  Any elector for a relevant area may nominate for election as a Commissioner any other such elector and such nomination must be seconded by another such elector to be a valid nomination. A person who is already an elected Commissioner may be nominated as aforesaid for election for a further term of office and a nominator or seconder shall not be disqualified from so nominating or seconding by reason of his being a Commissioner in office. A nominator must deliver his nomination to the returning officer together with a signed statement by the person nominated that he is willing to be nominated for election as a Commissioner.

5.—(1) At the first election, if no more than three candidates are duly nominated each shall be elected without a poll. If fewer than three candidates are duly nominated the Commissioners shall, as soon as practicable after the new constitution date, fill up each vacancy by appointing a person who must be an elector for the relevant area and consenting to be appointed.

(2) At any election after the first, if only one candidate is duly nominated he shall be elected without a poll. If no candidate is duly nominated the Commissioners shall, as soon as practicable after the 1st April in the year in question, fill up the vacancy by appointing a person who must be an elector for the relevant area and consenting to be appointed.

(3) A person who is appointed under sub-paragraph (1) and (2) above shall hold office from the date of his appointment.

6.  At any election, if the number of candidates duly nominated exceeds the number of vacancies a poll shall be taken in accordance with the following provisions of this Schedule.

7.  The votes at the poll shall be given by ballot and every elector shall be entitled to vote.

8.  The ballot of every elector shall consist of a ballot paper and the persons duly nominated for election and no others shall be entitled to have their names inserted in the ballot paper and each ballot paper shall—

(a) contain the names and addresses of the candidates;

(b) shall be capable of being folded up;

(c) shall have a number printed on the back;

(d) shall have attached a counterfoil with the same number printed on the face.

9.—(1) Every ballot paper shall be marked with an official mark which shall perforate the ballot paper.

(2) The official mark shall be kept secret and an interval of not less than five years shall intervene between the use of the same official mark at elections.

10.  The Commissioners shall arrange for the poll to be taken at such place or places within the relevant area as they consider appropriate and between such hours and on such day in each area as they may appoint, being

(a) for the first election, not earlier than fourteen or later than twenty-eight days after the nomination of candidates, and

(b) in subsequent years, not later than 15th March.

11.  At least one week before the day appointed for taking the poll the returning officer shall publish by advertisement in one or more local newspapers circulating in the relevant area and by such other means as the Commissioners think fit a public notice stating—

(a) that a poll is to be taken for the election of Commissioners or a Commissioner as the case may be;

(b) the situation of each polling station;

(c) the description of electors entitled to vote there;

(d) the mode in which electors are to vote; and

(e) the names and addresses of the candidates for election.

12.  The returning officer shall provide a sufficient number of polling stations and, if there is more than one in the relevant area, shall allot the electors to the polling stations in such manner as he thinks most convenient.

13.  The returning officer shall appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary for the purposes of the election. Such presiding officer shall conduct the taking of votes at the polling station where he presides. The returning officer may, if he thinks fit, act as a presiding officer.

14.—(1) The returning officer shall provide each presiding officer with such number of ballot boxes and ballot papers as in the returning officer’s opinion may be necessary.

(2) Every ballot box shall be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked.

(3) The returning officer shall provide each polling station with—

(a) materials to enable voters to mark the ballot papers;

(b) instruments for stamping on them the official mark;

(c) copies of the register of parliamentary electors or such part of it as contains the names of the electors allotted to the station;

(4) A notice shall be printed in conspicuous characters and exhibited inside and outside every polling station stating—

(a) in the case of the first election that an elector may vote for not more than three candidates and, in the case of subsequent electors, that an elector may only vote for one candidate; and

(b) that an elector should indicate the candidates or, in the case of elections other than the first, the candidate, for whom he wishes to vote by marking a cross on the ballot paper against each of their names or, as the case may be, the name of that candidate.

15.—(1) A ballot paper shall be delivered to an elector who applies for one and immediately before delivery—

(a) the ballot paper shall be stamped with the official mark;

(b) the number, name and description of the elector as stated in the register of parliamentary electors shall be called out;

(c) the number of the elector shall be marked on the counterfoil;

(d) a mark shall be placed in the register of electors against the number of the elector to denote that a ballot paper has been received but without showing the particular ballot paper which has been received.

(2) The elector, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and shall then show to the presiding officer the back of his paper, so as to disclose the official mark, and put the ballot paper into the ballot box in the presiding officer’s presence.

16.—(1) The presiding officer, on the application of an elector—

(a) who is incapacitated by blindness or other physical cause from voting in the manner directed by these rules, or

(b) who declares orally that he is unable to read,

shall cause the elector’s vote to be marked on the ballot paper to be placed in the ballot box.

(2) The name and number on the register of electors of every elector whose vote is marked in pursuance of this rule, and the reason why it is so marked, shall be entered in a list entitled “the list of votes marked by the presiding officer”.

17.  An elector who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to his satisfaction the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivered (in these rules referred to as “a spoilt paper”), and the spoilt paper shall be immediately cancelled.

18.  As soon as practicable after the close of the poll, the presiding officer at each polling station shall deliver to the returning officer—

(a) each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with the key attached;

(b) the unused and spoilt ballot papers;

(c) the marked copy of the register of parliamentary electors;

(d) the counterfoils of the used ballot papers;

(e) the list of votes marked by the presiding officer.

19.  The returning officer shall make arrangements for counting the votes and the count shall be proceeded with as expeditiously as possible. Any ballot paper on which the elector has voted for more than, in the case of the first election, three candidates or, in the case of subsequent elections, one candidate or which, in the opinion of the returning officer, has not been sufficiently clearly marked, shall be disregarded.

20.  After the votes have been counted, in the case of the first election the three candidates having the largest number of votes shall be declared to have been elected and, in the case of subsequent elections, the candidate having the largest number of votes shall be declared to have been elected. In the case of a critical equality of votes the returning officer shall determine by lot which of the candidates in question shall be declared elected.

21.  As soon as practicable after the conclusion of the procedure prescribed by the foregoing provisions of this Schedule the returning officer shall publish the names of the person or persons who has or have been elected as a Commissioner or Commissioners in at least one local newspaper circulating in the relevant area.

22.  The returning officer’s decision upon every question which may arise as respects the procedure at and the conduct of an election shall be final.

Article 10

SCHEDULE 2 PROVISIONS APPLYING TO THE COMMISSIONERS

1.  The first meeting of the Commissioners after the new constitution date shall be convened by the Clerk to the Commissioners as soon as reasonably possible after that date and the Clerk shall send notice of that meeting by post to each of the Commissioners.

2.—(1) At the first meeting of the Commissioners after the new constitution date and at the first meeting of the Commissioners in each year thereafter the Commissioners present at the meeting shall choose a Commissioner to act as their chairman and at that meeting or any subsequent meeting the Commissioners present may choose another Commissioner to act as deputy chairman.

(2) So long as they continue as Commissioners the persons chosen under sub-paragraph (1) above to act as chairman and deputy chairman respectively shall hold office as such from and including the meeting at which they are chosen until the next appointment of a chairman.

3.—(1) If any casual vacancy occurs in the office of chairman the Commissioners shall as soon as may be after the occurrence of such vacancy choose some other Commissioner to fill the vacancy.

(2) If any casual vacancy occurs in the office of deputy chairman the Commissioners may choose some other Commissioner to fill the vacancy.

(3) So long as they continue as Commissioners every person chosen under this paragraph to act as chairman or deputy chairman shall continue in office as such so long as the person in whose place he has been so chosen would have been entitled to continue in office if the casual vacancy had not occurred.

4.  In the absence of the chairman the person for the time being holding office as deputy chairman (if any) shall have and may exercise all the powers of the chairman.

5.  If at a meeting of the Commissioners neither the chairman nor the deputy chairman are present the Commissioners present in the meeting shall choose one of their number to be chairman for the meeting.

6.  The Commissioners may act notwithstanding a vacancy among the Commissioners and no act of the Commissioners shall be deemed to be invalid by reason of any irregularity in the apppointment of a Commissioner or of their chairman or deputy chairman.

7.  A Commissioner shall vacate his office if he—

(a) is adjudged bankrupt or makes a composition or arrangement with his creditors; or

(b) is convicted in the British Isles of any offence and ordered to be imprisoned for a period of not less than three months without the option of a fine; or

(c) has, for a period of four consecutive months, been absent from meetings of the Commissioners otherwise than by reason of illness or some other cause approved during the period by the Commissioners.

8.  A Commissioner may resign his office at any time by notice in writing given to the Clerk to the Commissioners.

9.  If at any meeting of the Commissioners there is an equality of votes on a question the chairman of the meeting shall have a second or casting vote.

10.  The quorum required for a meeting of the Commissioners shall be five and the Commissioners shall meet at least twelve times each year.

11.  If a Commissioner has any pecuniary interest in any contract or proposed contract to which the Commissioners are or would be a party or is a Director of a Company or Body with which the contract or proposed contract is made or proposed to be made and is present at a meeting of the Commissioners at which that contract is the subject of consideration he shall at that meeting as soon as practicable after the commencement thereof disclose the fact and shall not vote on any question with respect to that contract.

12.  The Padstow Harbour Commissioners may pay their chairman and the other Commis-sioners such reasonable fees, allowances and travelling expenses as the Commissioners may from time to time determine:

Provided that no such payment shall exceed the maximum amount that would have been payable by way of attendance, travelling and subsistance allowances under section 173, 174 and 175 of the Local Government Act 1972(1) if the Commissioner concerned were a councillor and a member of a local authority (other than a parish or community council).

13.  Subject to the provisions of this Schedule the procedure and business of the Commissioner shall be regulated in such manner as the Commissioners may from time to time determine.

14.  The Commissioners may appoint such committees consisting of Commissioners as they see fit and may delegate to a committee apppointed under this paragraph any of their powers or duties except their power to borrow money.

Article 47

SCHEDULE 3 REPEALS

Enactments Repealed	Extent of repeal
The Act of 1844(2)	The whole Act.
The Padstow Harbour Improvement Order 1869(3)	Sections 9, 10, 11, 12 and 13.
The Padstow Harbour Act 1910(4)	Sections 22, 27, 30, 31, 32, 33, 34, 35 and 36.
The Padstow Harbour Order 1913(5)	Sections 14, 15, 16, 17, 18, 19, 20, 21 and 23.
The Padstow Harbour Order 1920(6)	Sections 6 and 8
The Padstow Harbour Scheme 1931(7)	Section 12 (insofar as it applies sections 34 and 35 of the Act of 1910) and sections 19, 20, 21 and 22.

(1)

1972 c. 70.

(2)

1844 c.xxiv.

(3)

Confirmed by 1869 c.lxxi.

(4)

1910 c.cx.

(5)

Confirmed by 1913 c.cxlvi.

(6)

Confirmed by 1920 c.cxx.

(7)

See 1931 c.lxxi.