Article 16 Material irregularity in election procedureI1
England and Wales
Where the F1justices' legal adviser is satisfied (either of their own motion or following representation from an eligible justice) that a material irregularity has occurred in the election procedure, the justices' legal adviser may revoke the result of the election and repeat the election procedure, or a part of it, in respect of the relevant vacancy or vacancies.
An eligible justice must make a representation as to any material irregularity to the F2justices' legal adviser within 14 days of the notification of the result of the election under Rule 10(8) or 12(6).
The F3justices' legal adviser must notify the eligible justice who made the representation of their decision within 14 days.
If the F4justices' legal adviser does not repeat the election procedure, an eligible justice may, within 14 days of notice of such decision, request a judicial office holder, nominated for this purpose by the Lord Chief Justice, to revoke the result of the election and repeat the election procedure, or a part of it.
The eligible justice making a request under paragraph (4) must—
make the request in writing to the F5justices' legal adviser; and
specify the grounds on which the request is made.
The nominated judicial office holder may—
confirm the result of the election, or
if satisfied that a material irregularity has occurred in the election procedure, revoke the result of the election and direct the F6justices' legal adviser to repeat the election procedure, or a part of it.
The F7justices' legal adviser or nominated judicial office holder must give candidates and any eligible justice who has made representations under paragraph (2), the opportunity to make representations before determining whether to repeat the election procedure, or any part of it.
Annotations
Textual amendments
- F1
Words in rule 16(1) substituted (6.4.2020) by The Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations 2020 (S.I. 2020/100), reg. 1(2), Sch. para. 19(3)(i) (with reg. 4)
- F2
Words in rule 16(2) substituted (6.4.2020) by The Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations 2020 (S.I. 2020/100), reg. 1(2), Sch. para. 19(3)(i) (with reg. 4)
- F3
Words in rule 16(3) substituted (6.4.2020) by The Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations 2020 (S.I. 2020/100), reg. 1(2), Sch. para. 19(3)(i) (with reg. 4)
- F4
Words in rule 16(4) substituted (6.4.2020) by The Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations 2020 (S.I. 2020/100), reg. 1(2), Sch. para. 19(3)(i) (with reg. 4)
- F5
Words in rule 16(5)(a) substituted (6.4.2020) by The Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations 2020 (S.I. 2020/100), reg. 1(2), Sch. para. 19(3)(i) (with reg. 4)
- F6
Words in rule 16(6)(b) substituted (6.4.2020) by The Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations 2020 (S.I. 2020/100), reg. 1(2), Sch. para. 19(3)(i) (with reg. 4)
- F7
Words in rule 16(7) substituted (6.4.2020) by The Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations 2020 (S.I. 2020/100), reg. 1(2), Sch. para. 19(3)(i) (with reg. 4)
Commencement
- I1
Rule 16 in force at 31.7.2016, see rule 1(2)(c)