SCHEDULE 3U.K.F1... Mayoral Election (Combination of Polls) Rules

PART 3U.K.Stages common to contested and uncontested elections

Decisions as to validity of nomination papers [F2and home address forms] U.K.

12.—(1) Where a nomination paper and the candidate's consent to nomination [F3and home address form] are delivered in accordance with these Rules, the candidate shall be deemed to stand nominated unless and until—

(a)the [F4CA/CCA] returning officer decides that the nomination paper is invalid, or

[F5(b)the [F4CA/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 [F4CA/CCA] returning officer's satisfaction of the candidate's death, or

(d)the candidate withdraws.

(2) The [F4CA/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, F6...

(b)that the paper is not subscribed as so required,

[F7(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 [F4CA/CCA] returning officer must, as soon as practicable after each [F8nomination paper and home address form have] been delivered, examine [F9them] and decide whether the candidate has been validly nominated.

(4) If in the [F4CA/CCA] returning officer's opinion a nomination paper breaks rule 7(1) or (3), the [F4CA/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 [F4CA/CCA] returning officer decides that a nomination paper is invalid, the [F4CA/CCA] returning officer must endorse and sign on the paper the fact and the reasons for that decision.

(6) The [F4CA/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 [F10home address form].

(7) The [F4CA/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