The Local Elections (Principal Areas) (Wales) Rules 2021

Decisions as to validity of nomination papers E+W

10.—(1) This rule applies where a nomination paper and the accompanying home address form are delivered in accordance with these rules.

(2) The candidate stands nominated unless and until one of the following events occurs—

(a) the returning officer decides that the nomination paper is invalid;

(b) the returning officer is satisfied that the candidate has died;

(c) the candidate withdraws.

(3) The returning officer is entitled to hold a nomination paper invalid only on one of the following grounds—

(a) that the particulars of the candidate are not as required by law;

[F1 (aa) that the nomination paper does not include the declarations required by rule 5(3)(d), signed by the candidate;]

(b) that the candidate’s home address form does not comply with rule 9(2) to (6);

(c) where the candidate’s home address form contains a statement that the home address must not be made public, that the form does not comply with rule 9(7);

(d) that the nomination paper is not signed by the candidate, or that the candidate’s signature has not been attested, as required by rule 5(5).

(4) Subject to paragraph (5), the returning officer must, as soon as reasonably practicable after each nomination paper and home address form have been delivered, examine them and decide whether the candidate has been validly nominated.

(5) If in the opinion of the returning officer a description in a nomination paper has been included in breach of rule 6(3) or (4) or 7, the returning officer must give a decision that the candidate’s particulars are not as required by law—

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

(b) in any event, before the end of the period of 24 hours beginning with the close of the period for delivery of nomination papers.

(6) Where the returning officer decides that a nomination paper is invalid, the returning officer must endorse on the paper the fact of the decision and the reasons for it and sign the endorsement.

(7) The returning officer must give a notice to each candidate stating the returning officer’s decision as to whether the candidate’s nomination paper is valid or invalid.

(8) The returning officer’s decision that a nomination paper is valid is final and may not be questioned in any proceedings.

(9) Except as provided by paragraph (8), nothing in this rule prevents the validity of a nomination being questioned on an election petition.

Textual Amendments

F1 Sch. 2 rule. 10(3)(aa) inserted (10.3.2022) by The Local Elections (Miscellaneous and Consequential Amendments) (Wales) Regulations 2022 (S.I. 2022/263), regs. 1(2), 2(3) (with reg. 12(a))

Commencement Information

I1 Sch. 2 rule 10 in force at 17.12.2021, see rule 1