OpenLegislation

Paragraph 28 Countermand or abandonment of poll on death of candidate

United Kingdom

F1(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

F2In rule 63 after paragraph (2) insert—

“F3(2A)

Neither the countermand of the poll at the local election nor the direction that that poll be abandoned affects the poll at the parliamentary election.”

(3)

F4In rule 64, for paragraphs (2) to (6) substitute substitute—

“(2)

If the poll at the local election is abandoned because of a candidate’s death—

(a)

no further ballot papers at that election must be delivered in any polling station;

(b)

at the close of the poll for the parliamentary election the presiding officer must comply with the requirements of rule 41 (as amended by the Schedule to the Elections Act 2001) as if the poll at the local election had not been abandoned;

(c)

the returning officer must dispose of ballot papers used at the local election and other documents in his possession as he is required to do on the completion in due course of the counting of the votes,but this is subject to paragraph (2A).

(2A)

In a case falling within paragraph (2)—

(a)

a ballot paper account for the local election need not be prepared or verified;

(b)

the returning officer, having separated the ballot papers relating to the parliamentary election, must take no step or further step for the counting of the ballot papers used at the local election or of the votes;

(c)

the returning officer must seal up all of those ballot papers whether the votes on them have been counted or not;

(d)

it is not necessary to seal up counted and rejected ballot papers in separate packets.”

Annotations

Textual amendments

F1

Sch. para. 28(1) omitted (16.12.2010) by virtue of The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 2(2), 6(3)(a) (with art. 1(3))

F2

Words in Sch. para. 28(2) substituted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 2(2), 6(3)(b)(i) (with art. 1(3))

F3

Word in Sch. para. 28(2) substituted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 2(2), 6(3)(b)(ii) (with art. 1(3))

F4

Words in Sch. para. 28(3) substituted (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 2(2), 6(3)(c) (with art. 1(3))

Notes on Part 2

Modifications

C1

Sch. 1 Pt. 2: power to modify conferred by 1985 c. 50, s. 15(5B)(a) (as substituted (15.9.2011) by Fixed-term Parliaments Act 2011 (c. 14), s. 7(2), Sch. para. 15(3) (with s. 6))