Education Act 1996

191 Second ballot to be held if insufficient votes cast

(1) Where in any ballot held in accordance with section 189 (other than one held by virtue of this section)—

(a) the total number of votes cast by persons eligible to vote is less than 50 per cent. of the number of persons eligible to vote, or

(b) the number of votes cast in favour is the same as the number of votes cast against,

the governing body shall secure that a second ballot is held within the period of 14 days beginning with the day after that on which the result of the first ballot is determined.

(2) In such a case—

(a) the result of the first ballot shall be disregarded for the purposes of section 193(1), and

(b) subject to the modifications mentioned in subsection (3), section 189 shall apply as it applies in a case where the governing body of a school are under a duty by virtue of section 186 or 187 to secure that a ballot is held.

(3) The modifications are—

(a) that section 189(3)(a) shall be omitted, and

(b) that section 189(4) shall be read as if the information there referred to were the information given for the purposes of the first ballot.