Schedule 2 Crimes of Torture Act 1989 Version as at 1 July 2023 Article 7 1. 2. The members of the Subcommittee on Prevention shall be elected in the fol‐ lowing manner: (a) Primary consideration shall be given to the fulfilment of the require‐ ments and criteria of article 5 of the present Protocol; (b) The initial election shall be held no later than six months after the entry into force of the present Protocol; (c) The States Parties shall elect the members of the Subcommittee on Prevention by secret ballot; (d) Elections of the members of the Subcommittee on Prevention shall be held at biennial meetings of the States Parties convened by the Secre‐ tary-General of the United Nations. At those meetings, for which two thirds of the States Parties shall constitute a quorum, the persons elected to the Subcommittee on Prevention shall be those who obtain the largest number of votes and an absolute majority of the votes of the representa‐ tives of the States Parties present and voting. If during the election process two nationals of a State Party have become eligible to serve as members of the Subcommittee on Prevention, the candidate receiving the higher number of votes shall serve as the member of the Sub‐ committee on Prevention. Where nationals have received the same number of votes, the following procedure applies: (a) Where only one has been nominated by the State Party of which he or she is a national, that national shall serve as the member of the Subcommittee on Prevention; (b) Where both candidates have been nominated by the State Party of which they are nationals, a separate vote by secret ballot shall be held to determine which national shall become the member; (c) Where neither candidate has been nominated by the State Party of which he or she is a national, a separate vote by secret ballot shall be held to determine which candidate shall be the member. Article 8 If a member of the Subcommittee on Prevention dies or resigns, or for any cause can no longer perform his or her duties, the State Party that nominated the member shall nominate another eligible person possessing the qualifications and meeting the requirements set out in article 5, taking into account the need for a proper balance among the various fields of competence, to serve until the next meeting of the States Parties, subject to the approval of the majority of the States Parties. The approval shall be considered given unless half or more of the States Parties respond negatively within six weeks after having been informed by the Secretary-General of the United Nations of the proposed appointment. 34