The Newlyn Pier and Harbour (Revision of Constitution of Commissioners) Order 1996

Articles 4 and 5

SCHEDULE ELECTION PROCEDUREBOAT-OWNERS COMMISSIONERS AND FISH MERCHANT COMMISSIONER

1.  An election of Commissioners shall take place on the election day and the Commissioners elected shall come into office as from one week after the end of the election day and shall hold office for a period of three years;

2.  In respect of the election of Commissioners, the Commissioners shall advertise at least 56 days before the commencement of the election day in at least one newspaper circulating in the District and by notices affixed to the door of the office stating the day, hour and place on and at which the election is to be held;

3.  Subject to paragraph 5, the election shall take place at a meeting of the Commissioners which shall be held within the District;

4.  Any two voters may nominate any other voter as a candidate by sending to the clerk a nomination paper. The nomination paper shall be dated and signed by the two voters and shall contain the name and address of each of the signatories and of the candidate nominated. No nomination paper shall be accepted after the day which commences 35 days before the commencement of the election day and public notice shall be given not later than the day which commences 28 days before the commencement of the election day of the list of candidates by affixing the same to the door of the office and on such other conspicuous place as the Commissioners may direct. Any candidate may at any time before the day which commences 21 days before the commencement of the election day be withdrawn by the delivery of a notice of withdrawal signed by him and addressed to the clerk;

5.  In the event of only the relevant number of persons being nominated as hereinbefore provided for election as Commissioners the clerk shall without further procedure declare such persons to be duly elected and such declaration shall be in writing signed by the clerk and shall be conclusive evidence of the due election of such persons;

6.  In the event of more than the relevant number of persons being nominated as hereinbefore provided for election as Commissioner the clerk shall, not later than the day which commences 14 days before the commencement of the election day, post the relevant number of ballot papers to each voter and inform him in writing—

(a) that he may either post his vote or may cast it in person but not both; and

(b) of the details of the administrative arrangements which apply to voting.

7.  The administrative arrangements which apply to voting at the election shall be such as to secure that, so far as is reasonably practicable, those voting do so in secret;

8.  At an election every voter shall be entitled to the relevant number of votes and, where the relevant number of votes is more than one, may distribute them among the candidates as he may think fit but in no case shall he be entitled to give more than one vote to any one candidate;

9.  No postal votes shall be accepted after first post on the election day;

10.  At an election the clerk or one of the Commissioners for the time being shall act as chairman of the meeting and shall take note of the number of postal votes, conduct by ballot the poll of those voters who have not cast a postal vote and declare the number of votes given for each candidate;

11.  The relevant number of candidates having the greatest number of votes at an election shall be elected and in every case of equality the chairman of the meeting shall have a casting vote in addition to the vote (if any) to which he may be entitled as an elector;

12.  Any question or dispute regarding the election of a candidate shall be determined at the meeting by the chairman of the meeting whose decision shall be final;

13.  If at any meeting the place of any retiring Commissioner is not filled up the retiring Commissioner shall continue in office as if he had been re-elected;

14.  The expenses connected with each election (exclusive of the expenses of any candidate) shall be paid by the Commissioners out of the funds belonging to them as such Commissioners;

15.  The chairman of the meeting at which any Commissioner is appointed shall report to the Commissioners in writing the name of every Commissioner appointed at that meeting.