Paragraph 11 Decisions as to validity of nomination papers
Where, in the case of an individual candidate, a nomination paper (“individual nomination paper”) and the candidate's consent to it F1and a home address form are delivered and a deposit is made, in accordance with these Rules, the candidate will be deemed to stand nominated unless and until—
the GLRO decides that the nomination paper is invalid, or
the GLRO decides that the candidate’s home address form—
does not comply with the requirements of rule 8(4A), or
if the form contains a statement under rule 8(4B)(a), does not comply with the signature requirement in that rule or the requirements of rule 8(4B)(b) , or
proof is given to the GLRO's satisfaction of the candidate's death, or
the candidate withdraws.
Where, the nomination paper of a registered party and the consent of each candidate F3and a home address form in respect of each candidate included in that party's list are delivered, and a deposit is made, in accordance with these Rules, that party and (subject to paragraph (6)) each candidate on its list must be deemed to stand nominated unless and until the GLRO decides that the nomination paper is invalid.
As soon as practicable after each nomination paper F4and each home address form have been delivered, the GLRO must examine them and decide whether the individual candidate, or as the case may be, each registered party and each candidate included in that party's list has been validly nominated.
The GLRO is entitled to hold an individual nomination paper invalid only on the grounds that the particulars of the candidate on the nomination paper are not as required by law F5or that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.
The GLRO is entitled to hold the nomination paper of a registered party invalid only on one of the following grounds—
that the authorised description stated under rule 7(2)(a) breaches F6rule 7(3),
that the nomination paper does not contain the statement referred to in rule 7(2)(b),
that the number of candidates on the list is greater than 25.
Where, in respect of a candidate included in a party list—
proof is given to the GLRO's satisfaction of his death,
he withdraws or his candidature is withdrawn in accordance with rule 15,
his particulars in that list are not as required by law, F7...
the consent to nomination of that candidate is not delivered in accordance with rule 9, F8or
the candidate’s home address form—
does not comply with the requirements of rule 8(4A), or
if the form contains a statement under rule 8(4B)(a), does not comply with the signature requirement in that rule or the requirements of rule 8(4B)(b),
the GLRO must delete the name and address of that candidate from the list.
Where the GLRO has decided under paragraph (3)—
that an individual nomination paper is invalid,
that the nomination paper of a registered party is invalid or that the name and address of a list candidate must be deleted from the list,
he must endorse and sign on the nomination paper to record that decision and the reasons for his decision.
The GLRO must, as soon as practicable after making such a decision under paragraph (3) that a F9home address form is valid or invalid, send notice of that decision—
to the candidate at his home address as given in his nomination paper, and
in the case of a list candidate, also to the nominating officer.
Where in the GLRO's opinion the nomination paper of a registered party is invalid on the grounds in paragraphs (5)(a) or (b), then he must give a decision to that effect—
as soon as practicable after the delivery of the nomination paper, and
in any event, before the end of the period of 24 hours starting with the end of the period for the delivery of nomination papers set out in the timetable in rule 3.
The GLRO's decision that a nomination paper is valid is final and may not be questioned in any proceeding whatsoever.
Subject to paragraph (10), nothing in this rule prevents the validity of a nomination being questioned on an election petition.
Annotations
Textual amendments
- F1
Words in Sch. 6 rule 11(1) inserted (31.12.2019) by The Greater London Authority Elections (Amendment) Rules 2019 (S.I. 2019/1426), rules 1(1), 6(2)(a)(i) (with rule 2)
- F2
Sch. 6 rule 11(1)(aa) inserted (31.12.2019) by The Greater London Authority Elections (Amendment) Rules 2019 (S.I. 2019/1426), rules 1(1), 6(2)(a)(ii) (with rule 2)
- F3
Words in Sch. 6 rule 11(2) inserted (31.12.2019) by The Greater London Authority Elections (Amendment) Rules 2019 (S.I. 2019/1426), rules 1(1), 6(2)(b) (with rule 2)
- F4
Words in Sch. 6 rule 11(3) substituted (31.12.2019) by The Greater London Authority Elections (Amendment) Rules 2019 (S.I. 2019/1426), rules 1(1), 6(2)(c) (with rule 2)
- F5
Words in Sch. 6 rule 11(4) inserted (1.11.2023) by The Local Government and Greater London Authority Elections (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/1066), regs. 1(3), 5(29) (with Sch. 1 para. 2)
- F6
Words in Sch. 6 rule 11(5)(a) substituted (31.12.2019) by The Greater London Authority Elections (Amendment) Rules 2019 (S.I. 2019/1426), rules 1(1), 6(2)(d) (with rule 2)
- F7
Word in Sch. 6 rule 11(6) omitted (31.12.2019) by virtue of The Greater London Authority Elections (Amendment) Rules 2019 (S.I. 2019/1426), rules 1(1), 6(2)(e)(i) (with rule 2)
- F8
Sch. 6 rule 11(6)(e) and word inserted (31.12.2019) by The Greater London Authority Elections (Amendment) Rules 2019 (S.I. 2019/1426), rules 1(1), 6(2)(e)(ii) (with rule 2)
- F9
Words in Sch. 6 rule 11(8)(a) substituted (31.12.2019) by The Greater London Authority Elections (Amendment) Rules 2019 (S.I. 2019/1426), rules 1(1), 6(2)(f) (with rule 2)
Notes on Schedule 6
Modifications
- C1
Sch. 6 applied (with modifications) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 11 (with reg. 27)