Paragraph 62 Deceased independent candidate’s votes are equal to or exceed the quotaF1

(1)

This rule applies if at an election mentioned in rule 61(1) the deceased candidate’s votes are equal to or exceed the quota (ascertained as mentioned in rule 48).

(2)

Rule 56(1) (declaration of result) does not apply but the returning officer must—

(a)

declare that the votes given to the deceased candidate are equal to or exceed the quota (as the case may be),

(b)

declare that no candidate is elected, and

(c)

give public notice of —

(i)

the number of first preference votes given for each candidate,

(ii)

any transfer of votes,

(iii)

the total number of votes for each candidate at each stage of the count at which such transfer took place,

(iv)

the order in which the successful candidates would have been elected if it were not for the provisions of this rule, and

(v)

the number of rejected ballot papers under each head shown in the statement of rejected ballot papers prepared under rule 46(3).

(3)

The proceedings with respect to the election must be commenced afresh subject to the following provisions of this rule.

(4)

The fresh proceedings must be conducted in accordance with the following timetable (and the timetables in rule 1 do not apply)—

Timetable

Proceedings	Time
Publication of notice of election.	Within 21 days from the day of the election mentioned in rule 61.
Delivery of notices of withdrawal of candidature.	Between the hours of 10 a.m. and 4 p.m. on any day after the publication of the notice of election but not later than 1 p.m. on the 7th day after the day of publication of the notice of election.
Publication of statement of persons nominated.	After 1 p.m. but not later than 6 p.m. on the 7th day after the day of publication of the notice of election.
Polling.	Between 7 a.m. and 10 p.m. on the day fixed by the returning officer which may not be earlier than the 18th nor later than the 21st day after the last day for delivery of notices of withdrawal of candidature.

(5)

No fresh nomination is necessary in the case of a person who was shown in the statement of candidates nominated as standing nominated in respect of the election mentioned in rule 61 and no other nomination may be made.

(6)

Rule 8 (delivery of nomination papers) does not apply but the returning officer must fix the place at which notices of withdrawal of candidature are to be delivered to him or her in accordance with rule 11.

(7)

Rule 2 applies in computing any period of time for the purpose of the timetable set out in paragraph (4).

Annotations

Textual amendments

F1: Sch. 5 rules 61-64 substituted for Sch. 5 rule 61 (16.12.2010) by The Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), art. 1(2), Sch. 1 para. 78 (with art. 1(3))

Notes on the whole Act

Textual amendments

F1: Refs. to registration officer, returning officer or electoral officer are to be construed as refs. to Chief Electoral Officer, 1972 NI 13

Notes on Schedule 5

Textual amendments

F1: SI 1985/454

Modifications

C1: Sch. 5 modified (12.12.2013) by The Local Elections (Northern Ireland) Order 2013 (S.I. 2013/3156), arts. 1(1), 10(1), Sch. (with art. 10(2)) (as amended (15.9.2014) by S.I. 2014/1116, arts. 1(1), 10(2)(4); (13.7.2020) by S.I. 2020/635, arts. 1(2), 12 (with art. 1(3)))