6. The Schedule to the principal Order is amended —| (a) | by inserting, immediately after the first paragraph in the second column of item 3, the following paragraphs:“In addition to (but not in place of) post and electronic mail, a convenor may also provide for a contributory, before the meeting, to send to the convenor the matters which the contributory wishes to raise at the meeting by such other electronic means as the convenor considers appropriate, and each such matter, if substantial and relevant and sent within a reasonable time before the meeting, is to be responded to at or before the meeting by electronic means. To avoid doubt, in addition to (but not in place of) post and electronic mail, a convenor may provide for any matter to be raised by a contributory at a meeting and for the matter to be responded to at the meeting through real‑time electronic communication such as video conferencing, tele‑conferencing or live chat.”; |
| | (b) | by inserting, immediately after the word “meeting” in the first column of item 5, the words “held or conducted before 1 October 2020”; | | (c) | by inserting, immediately after the words “notice of the meeting.” in the first paragraph in the second column of item 5, the words “In addition to (but not in place of) post and electronic mail, a convenor may provide for a creditor, contributory, member or partner to appoint the convenor as the creditor’s, contributory’s, member’s or partner’s (as the case may be) proxy to vote at the meeting by depositing with the convenor an instrument of appointment by such other electronic means as the convenor considers appropriate.”; | | (d) | by inserting, immediately after item 5, the following item: | | “5A. | Provision for a creditor, contributory, member or partner to vote at a meeting held or conducted on or after 1 October 2020 |
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| | | A convenor may provide for a creditor, contributory, member or partner to appoint the convenor as the creditor’s, contributory’s, member’s or partner’s (as the case may be) proxy to vote at a general meeting of a convenor by depositing with the convenor an instrument of appointment by post, or by electronic mail to an electronic mail address stated in the notice of the meeting. |
| | | | | In addition to (but not in place of) providing for a creditor, contributory, member or partner to appoint the convenor as the creditor’s, contributory’s, member’s or partner’s (as the case may be) proxy to vote at the meeting by depositing with the convenor an instrument of appointment by post, or by electronic mail to an electronic mail address, a convenor may also provide for either or both of the following: |
| | | | | (a) | provide for the creditor, contributory, member or partner to appoint the convenor as the creditor’s, contributory’s, member’s or partner’s (as the case may be) proxy to vote at the meeting by depositing with the convenor an instrument of appointment by such other electronic means as the convenor considers appropriate; |
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| | | | | (b) | provide for the creditor, contributory, member or partner — |
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| | | | | (i) | to vote at the meeting by electronic means through an electronic voting system; and |
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| | | | | (ii) | to appoint any person (other than the convenor) as the creditor’s, contributory’s, member’s or partner’s (as the case may be) proxy to vote at the meeting by electronic means through an electronic voting system, by depositing with the convenor an instrument of appointment appointing a proxy and any other supporting documents by post or by electronic mail to an electronic mail address stated in the notice of the meeting; and, in addition to (but not in place of) post and electronic mail, by such other electronic means as the convenor considers appropriate. |
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| | | | | However, voting by electronic means through an electronic voting system may be used only if the following are satisfied: |
| | | | | (a) | the electronic voting system that is used accurately counts on all votes cast at the meeting; |
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| | | | | (b) | the electronic voting system that is used is capable of providing records from which the operation of the electronic voting system may be audited and for verification of the accuracy of the recording and counting of votes; |
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| | | | | (c) | each vote that is cast is verified by the convenor as cast by the creditor, contributory, member or partner (or the creditor’s, contributory’s, member’s or partner’s (as the case may be) proxy) entitled to vote; |
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| | | | | (d) | the convenor must, during the meeting, declare, by electronic means, the result of the voting on any matter put to a vote at the meeting.”; and |
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| | (e) | by deleting the word “and” at the end of sub‑paragraph (d) of the first paragraph in the second column of item 7, and by inserting immediately thereafter the following sub‑paragraph:| “(da) | if voting by electronic means through an electronic voting system is to be used, must set out —| (i) | how a creditor, contributory, member or partner entitled to vote at the meeting may vote by electronic means through the electronic voting system; and | | (ii) | how a creditor, contributory, member or partner entitled to vote at the meeting may appoint any person (other than the convenor) as the creditor’s, contributory’s, member’s or partner’s (as the case may be) proxy to vote at the meeting by electronic means through the electronic voting system and how the creditor’s, contributory’s, member’s or partner’s (as the case may be) proxy may vote at the meeting by electronic means through the electronic voting system; and”. |
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