OpenLegislation

Rule 11 Decisions as to validity of nomination papers and home address formsF8I1

England and Wales

(1)

Where a nomination paper and the candidate’s consent to nomination F1and home address form are delivered in accordance with these Rules, the candidate shall be deemed to stand nominated unless and until—

(a)

the returning officer decides that the nomination paper is invalid, or

F2(aa)

the returning officer decides that the candidate’s home address form—

(i)

does not comply with the requirements of rule 6(6) or (8), or

(ii)

if the form contains a statement under rule 6(7)(a), does not comply with the signature requirement in that rule or the requirements of rule 6(7)(b), or

(b)

proof is given to the returning officer’s satisfaction of the candidate’s death, or

(c)

the candidate withdraws.

(2)

The returning officer is entitled to hold the nomination paper of a person invalid only on one of the following grounds—

(a)

that the particulars of the candidate or of the persons subscribing the paper are not as required by law; F3...

(b)

that the paper is not subscribed as so required.

F4(c)

in the case of a mayoral election held in England, that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.

(3)

Subject to paragraph (4), the returning officer must, as soon as practicable after each F5nomination paper has nomination paper and home address form have been delivered, examine F6them and decide whether the candidate has been validly nominated.

(4)

If in the returning officer’s opinion a nomination paper breaks rule 7(1) or (3), he must give a decision to that effect—

(a)

as soon as practicable after the delivery of the nomination paper, and

(b)

in any event, before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers set out in the Timetable in rule 3.

(5)

Where the returning officer decides that a nomination paper is invalid, he must endorse and sign on the paper the fact and the reasons for his decision.

(6)

The returning officer must send notice of his decision that a nomination paper is valid or invalid to each candidate at his home address as given in his F7nomination paper home address form.

(7)

The returning officer’s decision that a nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.

(8)

Subject to paragraph (7), nothing in this rule prevents the validity of a nomination being questioned on an election petition.

Annotations

Textual amendments

F1

Words in Sch. 3 rule 11(1) inserted (E.) (23.2.2019) by The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) (England) Regulations 2019 (S.I. 2019/351), regs. 1(2), 6(4)(b)(i) (with regs. 3, 4)

F2

Sch. 3 rule 11(1)(aa) inserted (E.) (23.2.2019) by The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) (England) Regulations 2019 (S.I. 2019/351), regs. 1(2), 6(4)(b)(ii) (with regs. 3, 4)

F3

Word in Sch. 3 rule 11(2)(a) omitted (1.11.2023) by virtue of The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023 (S.I. 2023/1141), regs. 1(2), 3(3)(c)(i) (with reg. 1(5)(8))

F4

Sch. 3 rule 11(2)(c) inserted (1.11.2023) by The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023 (S.I. 2023/1141), regs. 1(2), 3(3)(c)(ii) (with reg. 1(5)(8))

F5

Words in Sch. 3 rule 11(3) substituted (E.) (23.2.2019) by The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) (England) Regulations 2019 (S.I. 2019/351), regs. 1(2), 6(4)(c)(i) (with regs. 3, 4)

F6

Word in Sch. 3 rule 11(3) substituted (E.) (23.2.2019) by The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) (England) Regulations 2019 (S.I. 2019/351), regs. 1(2), 6(4)(c)(ii) (with regs. 3, 4)

F7

Words in Sch. 3 rule 11(6) substituted (E.) (23.2.2019) by The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) (England) Regulations 2019 (S.I. 2019/351), regs. 1(2), 6(4)(d) (with regs. 3, 4)

F8

Words in Sch. 3 rule 11 heading inserted (E.) (23.2.2019) by The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) (England) Regulations 2019 (S.I. 2019/351), regs. 1(2), 6(4)(a) (with regs. 3, 4)

Commencement

I1

Sch. 3 rule 11 in force at 27.3.2007, see reg. 1(2)