Explanatory note

These Rules consolidate, with amendments, the Justices of the Peace (Size and Chairmanship of Bench) Rules 1986 and the Justices of the Peace (Size and Chairmanship of Bench) (Amendment) Rules 1987.

The principal change is made by rule 6 which sets out an optional procedure for drawing up a short list of candidates for chairman in advance of an election meeting.

Under rule 5, the new procedure may be adopted at an election meeting by a decision of at least two-thirds of the justices present and entitled to vote and, if adopted, will apply in respect of the three subsequent election meetings to be held as well as in respect of any election resulting from a vacancy in the office of chairman which arises between those meetings.

Rule 7(4) describes the procedure to be followed by a justices' clerk for the conduct of the ballot for the election of the chairman where a short list of candidates exists.

Rule 9(4) provides that a justices' clerk shall ensure that any postal ballot held to determine whether a restriction on eligibility for election as chairman should be lifted, is held before any postal ballot for the purpose of drawing up a short list of candidates for chairman.