12(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.
[F2(3A)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.
Textual Amendments
F1Words in Sch. 1 rule 12(3) inserted (24.3.1999) by 1998 c. 48, s. 13, Sch. 2 para. 3(2); S.I. 1999/393, art. 2
F2Sch. 1 rule 12(3A) inserted (24.3.1999) by 1998 c. 48, s. 13, Sch. 2 para. 3(3); S.I. 1999/393, art. 2
F3Words in Sch. 1 rule 12(4) substituted (24.3.1999) by 1998 c. 48, s. 13, Sch. 2 para. 3(4); S.I. 1999/393, art. 2
Modifications etc. (not altering text)
C1Sch. 1 rule 12 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I
C2Sch. 1 rule 12 applied with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I
Sch. 1 rule 12 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3(1), Sch. 1
C3Sch. 1 rule 12 modified (17.2.1994) by S.I. 1994/342, regs. 1(2)(3), 5(5), 6(5)
C4Sch. 1 rule 12 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1
Marginal Citations