The Nursing and Midwifery Council (Election Scheme) Rules Order of Council 2005

Challenge to validity of an election

28.—(1) Any 25 electors in an election may within the period of 21 clear days after the declaration of the result by the Returning Officer challenge the validity of the election, but only on the grounds that the election was—

(a) not in accordance with the provisions of these Rules; or

(b) furthered by conduct which, if the election had been regulated by the Representation of the People Act 1983(1), would have been a corrupt practice by way of bribery, treating or undue influence under sections 113, 114 or 115 of that Act (bribery, treating and undue influence).

(2) Any such challenge must be in writing, signed by the electors making it, and addressed to the Returning Officer, who shall send a copy of it to each of the candidates in the election.

(3) The Council shall determine whether or not to declare the election void according to such procedure as it thinks fit, which shall, however, afford all candidates in the election under challenge the right to make written representations on the subject of the challenge, and the Council’s determination shall be final and conclusive for all purposes.

(4) The Council shall not declare an election void under paragraph (3) unless it is satisfied—

(a) that the irregularity concerned rendered the election substantially not in accordance with the provisions of these Rules; or

(b) that the irregularity concerned significantly affected the result of the election.

(1)

1983. c.2.