SCHEDULES

C4C5C6C7C8C9SCHEDULE 1

Annotations:
Modifications etc. (not altering text)
C4

Parliamentary election rules modified (N.I.) (prosp.) by Representation of the People Act 1985 (c. 50, SIF 42), s. 10, Sch. 1 paras. 8–23

C5

Paras. 3–7 of Pt. II of Sch. 1 to Representation of the People Act 1985 (c. 50, SIF 42) have effect (N.I.) (prosp.) by virtue of s. 10 of, and Sch. 1 para. 2 to, that Act as additional rules in Sch. 1 to this Act

C6

Sch. 1 applied with modifications (S.) by S.I. 1986/2213, Rules 2, 5

Sch. 1 applied (with modifications) (E.W.S.) (28.4.1999) by 1985 c. 50, s. 15(1)(2) (as applied (with modifications) (28.4.1999) by S.I. 1999/1214, reg. 8, Sch. 3) (which S.I. was revoked (23.3.2004) by S.I. 2004/293, reg. 126)

C7

Sch. 1 modified (E.W.) by S.I. 1986/1081, regs. 2, 97, 98, 100 (which S.I. was revoked (23.3.2004) by S.I. 2004/294, reg. 3)

C9

Sch. 1 extended (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 6(1)-(4)

Part II Stages Common to Contested and Uncontested Elections

Nomination

Decisions as to validity of nomination papers

C1C10C2C312

1

Where a nomination paper and the candidate’s consent to it are delivered and a deposit is made in accordance with these rules, the candidate shall be deemed to stand nominated unless and until—

a

the returning officer decides that the nomination paper is invalid; or

b

proof is given to the returning officer’s satisfaction of the candidate’s death; or

c

the candidate withdraws.

2

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 or the persons subscribing the paper are not as required by law;

b

that the paper is not subscribed as so required; and

c

that the candidate is disqualified by the Representation of the M1People Act 1981.

3

F1Subject to paragraph (3A), the returning officer shall give his decision on any objection to a nomination paper as soon as practicable after it is made.

F23A

If in the returning officer’s opinion a nomination paper breaks rule 6A(1), he shall give a decision to that effect as soon as practicable after the close of the period for delivery of nomination papers set out in the Table in rule 1.

4

F3Where the returning officer decides that a nomination paper is invalid, he shall endorse and sign on the paper the fact and the reasons for his decision.

5

The returning officer’s decision that a nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.

6

Subject to paragraph (5) above nothing in this rule prevents the validity of a nomination being questioned on an election petition.