The European Parliamentary Elections Regulations 2004

[F1Return or forfeiture of candidate’s depositE+W+S

62.—(1) The deposit made under rule 10 of these rules must either be returned to the person making it or his personal representatives or be forfeited to Her Majesty.

(2) Except in the cases mentioned in paragraphs (4) and (5), the deposit must be returned not later than the next day after that on which the result of the election is declared.

(3) For the purposes of paragraph (2)—

(a)a day must be disregarded if it would be disregarded under rule 2(1) in computing any period of time for the purposes of the Timetable in rule 1 for an election of the kind in question; and

(b)the deposit must be treated as being returned on a day if a cheque for the amount of the deposit is posted on that day.

(4) Where—

(a)a registered party or an individual candidate is not shown as standing nominated in the statement of parties and individual candidates nominated, or

(b)in the case of an individual candidate, the candidate has died,

the deposit must be returned as soon as practicable after the publication of that statement or the time when the returning officer is satisfied of the candidate’s death, as the case may be.

(5) Subject to paragraph (4), the deposit must be forfeited if a poll is taken and, after the total number of valid votes for each registered party and individual candidate has been ascertained under rule 59(1), the party or candidate is found not to have polled more than one-fortieth of the total number of votes polled by all the parties and candidates.]

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