Education Act 1996

192 Power to declare ballot void for irregularity

(1) Subsection (2) applies where it appears to the Secretary of State—

(a) that any requirements of section 189 or 191 have been contravened in the case of a ballot held in purported compliance with section 189,

(b) that the arrangements for a ballot so held did not accord with any guidance given by him for the purposes of section 189,

(c) that a governing body have acted unreasonably in the discharge of their duties under section 189 or 191,

(d) that persons other than those eligible to do so have purported to vote in a ballot so held,

(e) that ballot papers returned for the purposes of a ballot so held have been marked by persons other than those to whom they were issued or those duly authorised to act on their behalf,

(f) that persons who were eligible to vote in a ballot so held have been prevented or hindered from doing so, or from doing so freely in accordance with their own opinions, by any other person, or

(g) that voting in a ballot so held is likely to have been influenced to a significant extent by the dissemination of information appearing to the Secretary of State to be to a material extent false or misleading.

(2) The Secretary of State may by notice in writing given to the governing body—

(a) declare the ballot void, and

(b) require that a fresh ballot be held in accordance with section 189 before such date as he may specify in the notice.

(3) Where—

(a) by a notice under subsection (2) the Secretary of State requires the fresh ballot to be held in the school year following that in which fell the date which was the effective date for the register used for the ballot he declares void, and

(b) the notice specifies a date for the purposes of this subsection,

section 190(1) shall have effect in relation to the fresh ballot as if “registered” meant shown in the register kept under section 434 as that register has effect on the date specified for the purposes of this subsection.