# The Scottish Local Government Elections Order 2011, Paragraph 63: Deceased independent candidate wins


(1) This rule applies if at an election mentioned in rule 62(1) the deceased candidate obtains sufficient votes to be elected.
(2) Rule 56 (declaration of result) does not apply but the returning officer must—
(a) declare that the deceased candidate has obtained sufficient votes to be elected;
(b) declare that no member is returned; and
(c) give public notice of the total number of votes given for each candidate together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.
(3) The proceedings with reference to the election must be commenced afresh subject to the following provisions of this rule.
(4) The new notice of election must be published on the first working day after the end of the period of seven days starting on the day of the election mentioned in rule 62(1).
(5) No fresh nomination is necessary in the case of a person shown in the notice of poll previously published pursuant to rule 20, and no other nomination may be made.
(6) The last day on which a notice of withdrawal of candidature by a person who stands nominated by virtue of paragraph (5) may be delivered is the seventh working day after the day on which the new notice of election is published.
(7) Subject to paragraph (8), the poll must be held on a day in the period “the first period” which starts 21 working days after the day on which the new notice of election is published and ends 28 working days after that day.
(8) If any of the days within the first period is a day in the period which starts with 22nd December and ends with 3rd January following, the day of the poll may be held in the period which starts 25 working days after the day on which the new notice is published and ends 32 working days after that day.
(9) For the purposes of this rule a working day is a day which is not a day specified in rule 2(1)(a) to (d).

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Source: https://www.legislation.gov.uk/sdsi/2011/9780111014639/schedule/1/paragraph/63 (the official version)
Page: https://openlegislation.uk/draft-scottish-local-government-elections-order-2011/schedule-1/paragraph-63
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.