Article 6 Procedure for drawing up short list of candidates for chairman

Where, pursuant to rule 5(1) of these Rules, the justices decide to adopt, in relation to the three subsequent election meetings to be held, the procedure in this rule, the justices' clerk shall, subject to rule 5(2) and rule 9(4) of these Rules, not more than 3 months nor less than 21 days before each of those election meetings, send by post to each justice eligible to vote at the election for the chairman and deputy chairman a ballot paper containing the names, in alphabetical order, of all the justices acting for the petty sessions area who are eligible for election as chairman and shall indicate the date by which the completed ballot paper should be returned to him.

Each justice to whom a ballot paper is sent under paragraph (1) above who votes shall place a mark against the name of one of the justices being the justice he wishes to be included on a short list of candidates for the office of chairman and shall return the ballot paper to the justices' clerk by the date indicated by the justices' clerk under paragraph (1) above.

Subject to paragraph (4) below, the short list of candidates for the office of chairman shall comprise the names of the four justices who receive the most number of votes and, if he is not among such number, the name of any justice who received at least 10% of all the votes cast, or, where there is an equality of number of votes cast, the names of such larger number of justices who received the most number of votes cast and, if he is not among such number, the name of any justice who received at least 10% of all the votes cast.

Where the votes received are for fewer than four justices, the names of such lesser number of justices shall comprise the short list of candidates for the office of chairman unless the votes received are for one justice only in which case his name shall not be disclosed and no short list of candidates shall be drawn up.

Notice of the result of a ballot held under this rule and given in accordance with rule 4(2) of these Rules shall contain the names of the justices comprised in the short list and no other or the fact that votes were cast for only one justice, as appropriate, but shall not disclose the number of votes cast for any justice.

Where the votes received under a ballot held under this rule were for one justice only, the notice of the result of the ballot shall also state that the ballot for the election of the chairman will be conducted under rule 7(3) of these Rules.