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70.—(1) This rule applies if at a contested constituency election proof is given to the constituency returning officer’s satisfaction before the result of the election is declared that one of the persons named or to be named in the ballot paper as an independent candidate has died.
(2) Subject to this rule and rules 71 and 72, these rules apply to the election as if the candidate had not died.
(3) The following provisions of these rules do not apply in relation to the deceased candidate—
(a)rule 41(1)(c) and (d) (admission to polling station);
(b)rule 54(5)(b) to (d) (attendance at count); and
(c)rule 65(6) (forfeiture of deposit).
(4) If only two persons are shown as standing nominated in the statement of persons nominated the returning officer must—
(a)if polling has not begun, countermand the notice of poll;
(b)if polling has begun, direct that the poll is abandoned; and
(c)subject to rule 76, treat the election as an uncontested election.
(5) For the purposes of this rule a person is named or to be named in the ballot paper as an independent candidate if the description (if any) on his nomination paper is not authorised as mentioned in rule 5(1) or (3).
Commencement Information
I1Sch. 5 rule 70 in force at 1.2.2007, see art. 1(1)
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