The Greater London Authority Elections Rules 2007 No. 3541

SCHEDULE 5 U.K. THE CONSTITUENCY MEMBERS ELECTION RULES

Modifications etc. (not altering text)

C1 Sch. 5 applied (with modifications) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 11 (with reg. 27)

PART 3 U.K. Stages Common To Contested And Uncontested Elections

Decisions as to validity of nomination papers U.K.

9.—(1) Where a nomination paper and the candidate's consent to it [F1 and a home address form] are delivered, and the deposit is made, in accordance with this Part of these Rules, the candidate must be deemed to stand nominated unless and until—

(a) the CRO decides that the nomination paper is invalid, or

[F2 (aa) the CRO decides that the home address form—

(i) does not comply with the requirements of rule 6(9A), or

(ii) if the form contains a statement under rule 6(9B)(a), does not comply with the signature requirement in that rule or with the requirements of rule 6(9B)(b), or]

(b) proof is given to the CRO's satisfaction of the candidate's death, or

(c) the candidate withdraws.

(2) The CRO is entitled to hold a nomination paper invalid only on the grounds—

(a) that the particulars of the candidate on the nomination paper are not as required by law; or

(b) that the paper breaks rule 6(5) or (7).

(3) Subject to paragraph (4), the CRO must, as soon as practicable after each nomination paper [F3 and home address form have been delivered, examine them] and decide whether the candidate has been validly nominated.

(4) If in the CRO's opinion a nomination paper breaks rule 6(5) or (7), he must give a decision to that effect—

(a) as soon as practicable after the delivery of the nomination paper, and

(b) in any event, before the end of the period of 24 hours starting with the end of the period for the delivery of nomination papers set out in the timetable in rule 3.

(5) Where the CRO decides that a nomination paper is invalid, he must endorse and sign on the paper the fact and the reasons for his decision.

(6) The CRO must, as soon as practicable after making a decision under paragraph (3) or (4) that a nomination paper is valid or invalid, send notice of that decision to the candidate at his home address as given in his [F4 home address form].

(7) The CRO's decision that a nomination paper is valid is final and must not be questioned in any proceeding whatsoever.

(8) Subject to paragraph (7), nothing in this rule prevents the validity of a nomination being questioned on an election petition.

Textual Amendments

F1 Words in Sch. 5 rule 9(1) inserted (31.12.2019) by The Greater London Authority Elections (Amendment) Rules 2019 (S.I. 2019/1426), rules 1(1), 3(5)(a)(i) (with rule 2)

F2 Sch. 5 rule 9(1)(aa) inserted (31.12.2019) by The Greater London Authority Elections (Amendment) Rules 2019 (S.I. 2019/1426), rules 1(1), 3(5)(a)(ii) (with rule 2)

F3 Words in Sch. 5 rule 9(3) substituted (31.12.2019) by The Greater London Authority Elections (Amendment) Rules 2019 (S.I. 2019/1426), rules 1(1), 3(5)(b) (with rule 2)

F4 Words in Sch. 5 rule 9(6) substituted (31.12.2019) by The Greater London Authority Elections (Amendment) Rules 2019 (S.I. 2019/1426), rules 1(1), 3(5)(c) (with rule 2)