{
  "url": "https://openlegislation.uk/local-elections-principal-areas-wales-rules-2021/schedule-2/paragraph-64S",
  "json_url": "https://openlegislation.uk/local-elections-principal-areas-wales-rules-2021/schedule-2/paragraph-64S.json",
  "legislation": "wsi/2021/1459",
  "legislation_title": "The Local Elections (Principal Areas) (Wales) Rules 2021",
  "legislation_url": "https://openlegislation.uk/local-elections-principal-areas-wales-rules-2021",
  "path": "schedule/2/paragraph/64S",
  "kind": "paragraph",
  "number": "64S",
  "heading": "Exclusion of candidates and transfer of first preference ballot papers",
  "text": "(1) This rule applies where—\n(a) the returning officer has transferred all the transferable papers that the returning officer is required to transfer under any provision of this Chapter, and\n(b) one or more vacancies remain to be filled (after the application, where relevant, of rule 64W).\n(2) Subject to paragraph (3), the returning officer must exclude from the election at that stage the candidate with the then lowest number of votes.\n(3) The returning officer must exclude two or more candidates with the lowest number of votes where the total number of those candidates’ votes, together with any surpluses that have not been transferred, is less than the number of votes then credited to the candidate who is next above those candidates.\n(4) The returning officer must sort all the ballot papers on which first preference votes are given for the candidate or candidates who are excluded so that they are grouped—\n(a) according to the continuing candidate for whom the next available preference is given on those papers, or\n(b) where no next available preference is given, as a separate group.\nThe ballot papers in the groups formed under paragraph (a) (“transferable papers”) are to be transferred in accordance with this rule. The ballot papers in the group formed under paragraph (b) (“non-transferable papers”) are not to be transferred.\n(5) The returning officer must transfer each group of transferable papers to the continuing candidate for whom the next available preference is given on those papers.\n(6) The vote on each transferable paper is transferred at a transfer value, which is the value of 1.\n(7) Where the returning officer has completed the transfers required by paragraph (5) and one or more vacancies remain to be filled (after the application where relevant of rule 64W), the returning officer must next act in accordance with rule 64T.\n(8) Paragraph (7) applies whether or not any candidate is treated as elected following the transfers and has a surplus.\n(9) For the meaning of “continuing candidate”, “next available preference” and “surplus”, see rule 64J.\n(10) See also—\nrule 64U (which deals with the order of exclusion where more than one candidate has the lowest number of votes);\nrule 64V (which makes supplementary provision).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 2 Pt. 4A inserted (9.10.2023) by The Local Elections (Principal Areas) (Single Transferable Vote) (Wales) Rules 2023 (S.I. 2023/1064), rules 1(2), 8(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2021/1459/schedule/2/paragraph/64S",
    "retrieved_at": "2026-10-28T23:08:54.669941+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}