{
  "url": "https://openlegislation.uk/justices-of-the-peace-size-and-chairmanship-of-bench-rules-2002/article-7",
  "json_url": "https://openlegislation.uk/justices-of-the-peace-size-and-chairmanship-of-bench-rules-2002/article-7.json",
  "legislation": "uksi/2002/193",
  "legislation_title": "The Justices of the Peace (Size and Chairmanship of Bench) Rules 2002",
  "legislation_url": "https://openlegislation.uk/justices-of-the-peace-size-and-chairmanship-of-bench-rules-2002",
  "path": "article/7",
  "kind": "article",
  "number": "7",
  "heading": "Determining result of postal ballot for election of chairman and sole deputy chairman",
  "text": "(1) This rule applies for determining the result of the postal ballot for the election of chairman and, if only one deputy chairman is to be elected, the election of the deputy chairman.\n(2) Where a justice has received more than half of the first choice votes cast, that justice shall be elected chairman or deputy chairman (as the case may be).\n(3) Where all justices have received an equal number of first choice votes, the justices' chief executive shall, at the election meeting, decide between them by lot and paragraph (8) shall apply.\n(4) In the following paragraphs—\n“continuing candidate” means a justice who has not become an excluded candidate;\n“excluded candidate” means a justice who is excluded from further consideration in accordance with paragraph (5)(a) or (b); and\n“next choice vote” means a second or subsequent choice vote for a continuing candidate, disregarding votes for excluded candidates; or, if there is more than one such vote, the one with the highest priority.\n(5) Where neither paragraph (2) nor (3) applies—\n(a) the justice who received the least number of first choice votes shall be excluded from further consideration in the ballot;\n(b) if the least number of first choice votes was received by two or more justices, all those justices shall be so excluded;\n(c) if there is now only one continuing candidate, that justice shall be elected chairman or deputy chairman (as the case may be);\n(d) otherwise paragraph (6) shall apply.\n(6) Where this paragraph applies—\n(a) a first choice vote cast by a voter for an excluded candidate shall be transferred to the continuing candidate, if any, who received that voter’s next choice vote;\n(b) if there is no such continuing candidate, the first choice vote cast for the excluded candidate shall be disregarded and shall no longer be counted as a first choice vote;\n(c) if a continuing candidate now has received more than half of the first choice votes cast, that justice shall be elected chairman or deputy chairman (as the case may be);\n(d) if all continuing candidates now have received an equal number of first choice votes, the justices' chief executive shall, at the election meeting, decide between them by lot and paragraph (8) shall apply.\n(7) Where neither paragraph (6)(c) nor (d) applies, the procedure in paragraph (5) shall be repeated until a chairman or deputy chairman (as the case may be) is elected.\n(8) Where this paragraph applies—\n(a) the justice on whom the lot falls shall be elected chairman or deputy chairman (as the case may be); and\n(b) the justices' chief executive shall, at the election meeting, announce the name of the justice so elected.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "subst",
      "affecting": "uksi/2004/1514",
      "affecting_title": "The Justices of the Peace (Size and Chairmanship of Bench) (Amendment) Rules 2004"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2002/193/article/7",
    "retrieved_at": "2026-10-29T07:16:08.613732+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}