The Justices of the Peace (Size and Chairmanship of Bench) Rules 2002

Vacancy in office

13.—(1) If the office of chairman or deputy chairman becomes or is about to become vacant for any reason, the justices' chief executive shall give written notice sent by first class post as soon as practicable to each justice eligible to vote in a postal ballot that he may submit nominations in writing to the justices' chief executive for another chairman or deputy chairman (as the case may be).

(2) Rule 5(3), (4) and (5) shall apply to a nomination made under this rule as it applies to a nomination made under rule 5.

(3) If only one nomination is received, the justice nominated shall hold office for the remainder of the term of the appointment of the justice whom he replaces.

(4) If more than one nomination is received, the justices shall by secret ballot elect another chairman or deputy chairman (as the case may be).

(5) The ballot shall be a postal ballot except that—

(a) the ballot papers shall be posted by first class post as soon as practicable;

(b) there shall be at least 7 days between the date of posting the ballot papers and the closing date for receipt of completed ballot papers (including the date of posting but excluding the closing date for receipt of completed ballot papers);

(c) rule 6(1), (3), (8) and (9) shall not apply;

(d) as soon as practicable after the closing date for receipt of completed ballot papers, the justices' chief executive (assisted if need be by staff of the magistrates' courts committee whose area consists of or includes the petty sessions area) shall determine the result of the ballot;

(e) rules 7(3), 7(6)(d), 7(8), 8(5) and 8(6) shall be read as if the decision by lot shall take place before at least 3 justices (instead of at the election meeting) and the names of the justice or justices elected shall be notified to the justices by post as soon as practicable (instead of being announced at the election meeting).

(6) Where no nomination for a vacancy is received, the justices' chief executive shall as soon as practicable, convene a meeting of the justices for the petty sessions area.

(7) At that meeting, the justices shall by secret ballot elect another chairman or deputy chairman (as the case may be).

(8) The provisions of the Schedule shall apply to the election with the following modifications—

(a) the list of justices shall comprise the names of all the justices for the petty sessions area on the date of the meeting (excluding, in the case of an election to the office of deputy chairman, the name of any justice who holds office as chairman or deputy chairman);

(b) references to the election meeting in the Schedule shall be read as references to the meeting held under this rule.

(9) Any justice elected under this rule shall hold office for the remainder of the term of the appointment of the justice whom he replaces.

(10) Any period served as chairman or deputy chairman by virtue of this rule shall not count towards the maximum period of service permitted by rule 12(3), (4) and (5).