53Counting of votes

53 Counting of votes

53 Counting of votes

(1) If there is 1 person to be elected in the election—

(a) the method of counting the votes so as to ascertain the result of the election is to be the method specified in the notice referred to in clause 28, being either—

(i) the method provided by Part 2 of the Seventh Schedule to the Constitution Act 1902, or

(ii) the “first past the post” method, that is, the candidate with the most votes is taken to be elected, and

(b) for the purpose of applying the provisions of Part 2 of the Seventh Schedule to the Constitution Act 1902 to the election (if required), a reference in those provisions to the returning officer is to be read as a reference to the returning officer under this Regulation.

(2) If there are 2 or more persons to be elected in the election—

(a) the method of counting the votes so as to ascertain the result of the election is to be the method specified in the notice referred to in clause 28, being either—

(i) the method provided by Part 2 of the Sixth Schedule to the Constitution Act 1902, or

(ii) the “first past the post” method, that is, the candidates with the most votes are taken to be elected, and

(b) for the purpose of applying the provisions of Part 2 of the Sixth Schedule to the Constitution Act 1902 to the election (if required)—

(i) a reference in those provisions to the Council returning officer is to be read as a reference to the returning officer under this Regulation, and

(ii) the quota referred to in those provisions is to be determined by dividing the number of first preference votes for all candidates by 1 more than the number of persons to be elected and by increasing the quotient so obtained (disregarding any remainder) by 1.