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

Conduct of postal ballot

6.—(1) Where nominations are received under rule 5 and have not been withdrawn before the date of posting the ballot papers, the secret ballot held under rule 4(2) shall be a postal ballot held in accordance with this rule.

(2) The justices' chief executive shall—

(a) where there is to be an election of chairman, prepare ballot papers which contain a list in alphabetical order of the justices nominated as chairman;

(b) where there is to be an election of a deputy chairman or deputy chairmen, prepare ballot papers which contain a list in alphabetical order of the justices nominated as deputy chairman; and

(c) send by first class post to each justice eligible to vote in a postal ballot one ballot paper for each election.

(3) There must be—

(a) at least 21 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); and

(b) at least 7 days between the closing date for receipt of completed ballot papers and the date of the election meeting (including the closing date for receipt of completed ballot papers but excluding the date of the election meeting).

(4) Each justice who votes shall write the figure ‘1’ on the appropriate ballot paper against the name of the justice who is his first choice to be chairman and the name of the justice who is his first choice to be deputy chairman (“a first choice vote”).

(5) Each justice who votes may indicate which justice is his second and third choice (and so on) to be chairman or deputy chairman, by writing the figure `2', `3' (and so on) on the appropriate ballot paper against the name of the appropriate justice (“a second choice or subsequent choice vote”).

(6) A justice who votes shall return his ballot paper to the justices' chief executive by post or by hand.

(7) A ballot shall not be invalidated by reason of—

(a) a ballot paper not being received by a justice eligible to vote in a postal ballot; or

(b) a completed ballot paper not being received by the justices' chief executive.

(8) As soon as practicable after the closing date for receipt of the 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—

(a) determine the result of the postal ballot for election as chairman; and

(b) then, subject to paragraph (9), determine the result of the postal ballot for election to the office of deputy chairman.

(9) Where a chairman is not elected before the election meeting, the result of the postal ballot for the election to the office of deputy chairman shall not be determined until after a chairman has been elected at the election meeting.