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The Combined Authorities (Mayoral Elections) Order 2017
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Changes over time for: Paragraph 12
Alternative versions:
- 31/01/2017- Amendment
- 23/02/2019- Amendment
- 01/11/2023- Amendment
- 07/02/2024- Amendment
- 07/02/2024
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Point in time view as at 07/02/2024.
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There are currently no known outstanding effects for the The Combined Authorities (Mayoral Elections) Order 2017, Paragraph 12.
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Decisions as to validity of nomination papers [F1and home address forms] U.K.
This section has no associated Explanatory Memorandum
12.—(1) Where a nomination paper and the candidate's consent to nomination [F2and home address form] are delivered in accordance with these Rules, the candidate shall be deemed to stand nominated unless and until—
(a)the [F3CA/CCA] returning officer decides that the nomination paper is invalid, or
[F4(b)the [F3CA/CCA] returning officer decides that the candidate’s home address form—
(i)does not comply with the requirements of rule 6(6) or (8), or
(ii)if the form contains a statement under rule 6(7)(a), does not comply with the signature requirement in that rule or the requirements of rule 6(7)(b), or]
(c)proof is given to the [F3CA/CCA] returning officer's satisfaction of the candidate's death, or
(d)the candidate withdraws.
(2) The [F3CA/CCA] returning officer is entitled to hold the nomination paper of a person invalid only on one of the following grounds—
(a)that the particulars of the candidate or of the persons subscribing the paper are not as required by law, F5...
(b)that the paper is not subscribed as so required,
[F6(c)that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.]
(3) Subject to paragraph (4), the [F3CA/CCA] returning officer must, as soon as practicable after each [F7nomination paper and home address form have] been delivered, examine [F8them] and decide whether the candidate has been validly nominated.
(4) If in the [F3CA/CCA] returning officer's opinion a nomination paper breaks rule 7(1) or (3), the [F3CA/CCA] returning officer must give a decision to that effect—
(a)as soon as practicable after the delivery of the nomination paper, and
(b)in any event, before the end of the period of 24 hours starting with the last time for delivery of nomination papers set out in the Timetable in rule 3.
(5) Where the [F3CA/CCA] returning officer decides that a nomination paper is invalid, the [F3CA/CCA] returning officer must endorse and sign on the paper the fact and the reasons for that decision.
(6) The [F3CA/CCA] returning officer must send notice of the decision that a nomination paper is valid or invalid to each candidate at the candidate's home address as given in the [F9home address form].
(7) The [F3CA/CCA] returning officer's decision that a nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.
(8) Subject to paragraph (7), nothing in this rule prevents the validity of a nomination being questioned on an election petition.
Textual Amendments
F1Words in Sch. 3 rule 12 heading inserted (23.2.2019) by The Combined Authorities (Mayoral Elections) (Amendment) Order 2019 (S.I. 2019/350), arts. 1, 6(4)(a) (with arts. 3, 4)
F2Sch. 3 rule 12(1) substituted (23.2.2019) by The Combined Authorities (Mayoral Elections) (Amendment) Order 2019 (S.I. 2019/350), arts. 1, 6(4)(b)(i) (with arts. 3, 4)
F3Word in Sch. 3 rule 12 substituted (7.2.2024) by The Combined Authorities (Mayoral Elections) Order 2017 (Amendment) Regulations 2024 (S.I. 2024/131), regs. 1(3), 13(10)
F4Sch. 3 rule 12(1)(b) substituted (23.2.2019) by The Combined Authorities (Mayoral Elections) (Amendment) Order 2019 (S.I. 2019/350), arts. 1, 6(4)(b)(ii) (with arts. 3, 4)
F5Word in Sch. 3 rule 12(2)(a) omitted (1.11.2023) by virtue of The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023 (S.I. 2023/1141), regs. 1(2), 9(3)(c)(i) (with reg. 1(5)(8))
F6Sch. 3 rule 12(2)(c) inserted (1.11.2023) by The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023 (S.I. 2023/1141), regs. 1(2), 9(3)(c)(ii) (with reg. 1(5)(8))
F7Words in Sch. 3 rule 12(3) substituted (23.2.2019) by The Combined Authorities (Mayoral Elections) (Amendment) Order 2019 (S.I. 2019/350), arts. 1, 6(4)(c)(i) (with arts. 3, 4)
F8Word in Sch. 3 rule 12(3) substituted (23.2.2019) by The Combined Authorities (Mayoral Elections) (Amendment) Order 2019 (S.I. 2019/350), arts. 1, 6(4)(c)(ii) (with arts. 3, 4)
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