Paragraph 4 Nomination of candidates

(1)

Each candidate must be nominated by a separate nomination paper, in the form in the Appendix, delivered at the place fixed for the purpose by the returning officer, which shall be at the offices of the council of the district or London borough in which the electoral area wholly or mainly lies.

(2)

The nomination paper must state the candidate’s—

(a)

full names F1and,

F2(b)

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

(c)

if desired, description,

and the surname must be placed first in the list of names.

F3(3)

If a candidate—

(a)

commonly uses a surname that is different from any other surname the candidate has,

(b)

commonly uses a forename that is different from any other forename the candidate has, or

(c)

otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).

(4)

The description (if any) can only be—

(a)

one authorised as mentioned in rule 5(1) or (3); or

(b)

the word “Independent”.

F4(5)

The nomination paper must be accompanied by a form (in this Schedule referred to as the “home address form”) which states—

(a)

the candidate’s—

(i)

full names,

(ii)

home address in full, and

(iii)

qualifying address or, if the candidate declares they are qualified by more than one of the qualifications mentioned in paragraph (7), qualifying addresses;

(b)

which of the qualifications mentioned in paragraph (7) the qualifying address or qualifying addresses stated relate to;

(c)

the attesting person’s—

(i)

full names, and

(ii)

home address in full.

Provision in paragraph (1) above about delivery of the nomination paper applies also to the home address form.

(6)

The home address form—

(a)

may contain a statement made and signed by the candidate that he requires the home address not to be made public, and

(b)

if it does so, must—

(i)

where the candidate’s home address is in the United Kingdom, state the name of the relevant area;

(ii)

where the candidate’s home address is outside the United Kingdom, state the country in which it is situated.

(7)

In this rule—

“attesting person”, in relation to a candidate, means the person who attests the candidate’s consent to nomination in accordance with rule 7(c);

“qualifying address” means—

(a)

where the candidate has selected option (a) on the Consent to Nomination form, the address in full in respect of which the candidate is so registered as a local government elector;

(b)

where the candidate has selected option (b) on the Consent to Nomination form, a description and the address of that land or premises which the candidate has occupied as owner or tenant;

(c)

where the candidate has selected option (c) on the Consent to Nomination form, the address of that place of work; and

(d)

where the candidate has selected option (d) on the Consent to Nomination form, the address or addresses in full where the candidate has so resided;

“relevant area” means—

(a)

in relation to a home address in England—

(i)

if the address is within a district for which there is a district council, that district;

(ii)

if the address is within a county in which there are no districts with councils, that county;

(iii)

if the address is within a London borough, that London borough;

(iv)

if the address is within the City of London (including the Inner and Middle Temples), the City of London; and

(v)

if the address is within the Isles of Scilly, the Isles of Scilly;

(b)

in relation to a home address in Wales—

(i)

if the address is within a county, that county;

(ii)

if the address is within a county borough, that county borough;

(c)

in relation to a home address in Scotland, the local government area in which the address is situated;

(d)

in relation to a home address in Northern Ireland, the local government district in which it is situated.

Annotations

Textual amendments

F1: Word in Sch. 3 rule 4(2)(a) inserted (E.) (31.12.2018) by The Local Elections (Principal Areas) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1308), rules 1(2), 3(2)(a)
F2: Sch. 3 rule 4(2)(b) omitted (E.) (31.12.2018) by virtue of The Local Elections (Principal Areas) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1308), rules 1(2), 3(2)(b)
F3: Sch. 3 rule 4(3) substituted (1.11.2023) by The Local Government and Greater London Authority Elections (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/1066), regs. 1(3), 3(11) (with Sch. 1 para. 3(a))
F4: Sch. 3 rule 4(5)-(7) inserted (E.) (31.12.2018) by The Local Elections (Principal Areas) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1308), rules 1(2), 3(2)(c)

Notes on Schedule 3

Modifications

C1: Sch. 3 modified (1.2.2007) by The National Assembly for Wales (Representation of the People) Order 2007 (S.I. 2007/236), art. 1(1), Sch. 4 Pt. 3
C2: Sch. 3 applied (with modifications) (E.) (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 9 (with reg. 27)
C3: Sch. 3 applied (with modifications) (W.) (4.12.2020) by The Local Government (Coronavirus) (Postponement of Elections) (Wales) (No. 2) Regulations 2020 (S.I. 2020/1399), regs. 2, 6(3)(4)