Paragraph 37 Polls taken in accordance with section 41A of the Act
A poll under section 41A of the Actf1 shall be taken in accordance with the provisions of this section as read with paragraphs (4), (5) and (6) of Article 2 of Council Regulation (EEC) No. 1422/78
The returning officer shall be such person as the Minister may, on the application of the Board, appoint. The remuneration and expenses of the returning officer shall be defrayed by the Board.
The returning officer may by writing under his hand appoint any fit person or persons to be his deputy or deputies for all or any of the purposes of the poll. A deputy returning officer shall have the powers and duties of the returning officer in relation to the matters in respect of which he is appointed to act as a deputy.
No member or servant of the Board and no producer shall be appointed as a returning officer or be appointed to be a deputy of the returning officer.
The Board shall obtain and furnish to the returning officer a list of the names and addresses of the registered producers who are entitled to vote in the poll and such other information as he may require for the purposes of conducting the poll and drawing up the certificate referred to in subsection (10).
The producers who are entitled to vote shall be the producers who are registered on such day (hereinafter referred to as the “qualifying date”) as may be determined by the Minister, but excluding any producer who has sent to the Board the declaration referred to in section 32(11).
The poll shall be conducted by post and the returning officer shall, not later than the 14th day after the qualifying date, send a voting paper to every producer entitled to vote. In the event of the loss of a voting paper so sent the returning officer may supply a duplicate voting paper.
The voting paper shall be substantially in the form set out in Schedule (3) hereto, and only voting papers which are properly completed and which reach the office of the returning officer at or before 18. 00 hours on the 28th day after the qualifying date shall be taken into account.
The votes cast in any poll shall be counted by the returning officer and his decision on any question arising with respect to any vote shall be final and conclusive.
The returning officer shall draw up and deliver to the Board a certificate showing the result of the poll, and including particulars of—
the number of voting papers sent out by the returning officer and the number of producer and production votes represented by them;
the number of valid voting papers received by him and the number of producer and production votes represented by them;
the number of voting papers received by him and declared not valid and the number of producer and production votes represented by them;
the number of voting papers not returned and the number of producer and production votes represented by them; and
the number of producer votes and production votes cast in favour of the question and against it respectively.
The result of the poll as shown in the certificate given by the returning officer shall be published inThe Glasgow Herald, The Scotsman, The Courier and Advertiser, and such other newspaper as the Board may think fit.
“Producer vote” and “production vote” have the meanings which they have in Article 2(4) of Council Regulation (EEC) No. 1422/78 concerning the granting of certain rights to milk producers' organisations in the United Kingdom.
Annotations
Footnotes
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Section 41A was inserted by S.I. 1981/864