Section 30 Second ballot to be held if insufficient votes cast.C1
England and Wales
Where in any ballot held in accordance with section 28 of this Act (other than one held by virtue of this section)—
the total number of votes cast by persons eligible to vote is less than fifty per cent. of the number of persons eligible to vote, or
the number of votes cast in favour is the same as the number of votes cast against,
the governing body shall secure that a second ballot is held within the period of fourteen days beginning with the date immediately after that on which the result of the first ballot is determined.
In such a case—
the result of the first ballot shall be disregarded for the purposes of section 32(1) of this Act, and
subject to the modifications mentioned in subsection (3) below, section 28 of this Act shall apply as it applies in a case where the governing body of a school are under a duty by virtue of section 25 or 26 of this Act to secure that a ballot is held.
The modifications are—
that section 28(3)(a) shall be omitted, and
that section 28(4) shall be read as if the information there referred to were the information given for the purposes of the first ballot.
Annotations
Modifications
- C1
Ss. 25-31 applied (with modifications) (1.4.1994) by S.I. 1994/653, reg. 4(3)(4)
Ss. 30-31 applied (1.5.1994) by S.I. 1994/1041, reg. 31(10)
Notes on the whole Act
Textual amendments
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Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with savings in ss. 1(4), 561, 562, Sch. 39); Sch. 13 paras. 6, 7 as saved continued (1.9.1999) by S.I. 1999/2267, reg. 2(2); and s. 154(4) expressed to be amended (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 25 (which amendment fell (1.4.1999) by reason of the repeal of the said Sch. 3 para. 25 by 1998 c. 31, s. 140(3), Sch. 31; S.I. 1999/1016, art. 2(1), Sch. 1)
Notes on Chapter II
Modifications
- C1
Pt. II Chapter II (ss. 23-37) modified (1.5.1994) by S.I. 1994/1041, reg. 17(2)(a)