SCHEDULE 1
Part II Stages Common to Contested and Uncontested Elections
Nomination
Decisions as to validity of nomination papers
12
(1)
Where a nomination paper and the candidate’s consent to it F1and the home address form 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
F2(aa)
the returning officer decides that the home address form does not comply with rule 6(4); 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 F3or by virtue of an order under section 30 of the Elections Act 2022.
(3)
F4Subject to paragraph (3A), the returning officer shall give his decision on any objection to a nomination paper
F5(a)
as soon as practicable after it is made, and
(b)
in any event, before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers set out in the Table in rule 1.
.
F6(3A)
If in the returning officer’s opinion a nomination paper breaks rule 6A(1) F7or (1B), he shall give a decision to that effect
F8(a)
as soon as practicable after delivery of the nomination paper, and
(b)
in any event, before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers set out in the Table in rule 1.
(4)
F9Where 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.