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Paragraph 23

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

If—

(i)

after the nomination day a candidate dies before an election in respect of the vacancy for which he has been nominated has taken place; or

(ii)

a candidate who has been elected as a person chosen to represent registered opticians dies or resigns before the date upon which the members for the time being chosen to represent registered opticians shall have retired; or

(iii)

after an election has taken place in accordance with the foregoing provisions of this Scheme there remains any vacancy unfilled due to an insufficiency of nominations, or the withdrawal of candidates, or the Council has under paragraph 29(3) declared a person’s election invalid, or any other cause:

the Returning Officer shall in respect only of the vacancy for which the deceased or resigning candidate was nominated or which remains unfilled as a result of such death or other cause (as the case may be) cause a further election to be held as soon as practicable and for that purpose shall forthwith fix another nomination day, and publish the date thereof, and thereafter if necessary fix another polling day and publish the date thereof, and shall proceed with the further election in accordance with the foregoing provisions of this Scheme with such modifications only as the circumstances may require:

Provided that the death or resignation of a candidate shall not affect the validity of the nomination of another candidate any such nomination duly made in respect of the first election shall (subject to the provisions of paragraph 29 of this Scheme) be deemed to be a valid nomination for a further election for the same vacancy held pursuant to this paragraph.