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Amendment of paragraph 5 of Schedule to Principal Act.
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4.—Paragraph 5 of the Schedule to the Principal Act is hereby amended by—
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(a) the substitution of the following subparagraph for subparagraph (1) (substituted by section 2 of the Act of 1995):
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“(1) The Minister shall, in the year 1997 and in every third year thereafter, seek nominations from processor, distributor, retail and consumer interests of persons for appointment as members of the Agency under paragraph 3 (1). A person nominated by processor interests under this subparagraph must be a registered processor.”,
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(b) the substitution of the following subparagraph for subparagraph (2) (substituted by section 2 of the Act of 1995):
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“(2) The Minister shall, in the year 1997 and in every third year thereafter, prescribe by regulations a day (‘an election day’) to be an election day for producer members.”,
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(c) the substitution of the following subparagraphs for subparagraph (4):
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“(4) Subject to subparagraph (4A), the producers entitled to vote at such an election shall be those who stand registered as such on the first day of the month next preceding the month in which the election day falls.
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(4A) Where the names of more than one producer appear in the register of producers as respects a registered contract, the producer first named in the said register shall alone be entitled to vote in an election to which this paragraph relates.”,
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(d) the substitution of the following subparagraph for subparagraph (5):
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“(5) An election shall be held in accordance with such procedures as may be prescribed and the Minister may prescribe as many constituencies for which candidates may be elected as the Minister, having regard to the circumstances, thinks fit.”, and
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(e) the insertion of the following subparagraphs after subparagraph (5):
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“(6) Where, in accordance with such procedures as may be prescribed, the number of candidates standing nominated for election—
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(a) exceeds the appropriate number of ordinary producer members, a poll shall be conducted for the purposes of such election, or
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(b) is less than or is equal to the appropriate number of ordinary producer members, the returning officer for the election shall declare such candidates to be elected.
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(7) Voting at an election shall be by secret ballot and, as prescribed, shall be on the basis of proportional representation by means of a single transferable vote.
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(8) Voting at an election may be conducted in all or in any particular circumstances by postal ballot in accordance with such procedures as may be prescribed and the accidental omission to give notice of a postal ballot or to send any document as may be prescribed to a person entitled to receive it or the non-receipt of such notice or document by such person, shall not invalidate that postal ballot.
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(9) The Agency shall bear the costs of holding the election, other than any costs incurred by candidates expressly on their own behalf.”.
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