The Justices of the Peace (Size and Chairmanship of Bench) Rules 1995

Procedure for election

5.—(1) Elections to the office of chairman and deputy chairman may take place in accordance with either the nomination procedure or the traditional procedure.

(2) The justices for each petty sessions area shall decide, by a simple majority, between 1st May 1995 and 30th June 1995, either by postal ballot or by resolution ascertained by a show of hands at a meeting of which seven days' notice has been given to each justice for the petty sessions area, whether the nomination procedure is to be adopted for the elections to be held at the election meeting in October 1995.

(3) The justices for each petty sessions area shall decide at the election meeting held in October 1995 and in every subsequent year, by a simple majority ascertained by a show of hands, whether they wish the nomination procedure to be adopted for elections to the office of chairman and deputy chairman to be held at the election meeting in the following year.

(4) Where a majority is not obtained in favour of the nomination procedure, the traditional procedure shall apply.

(5) The traditional procedure shall also apply to an election to the office of chairman or deputy chairman where—

(a) no nomination for the office of chairman is recieved pursuant to rule 6(2) or where the justice or justices nominated for that office withdraw before the election meeting; or

(b) fewer nominations are received pursuant to rule 6(2) than the number of deputy chairmen to be elected or where, if any of the justices nominated withdraw before the election meeting, the number of justices nominated remaining falls below the number of deputy chairmen to be elected.