Paragraph 60 Return or forfeiture of deposit

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

Sch. 5 modified by National Assembly for Wales (Representation of the People) 2003 Sch. 4 Pt. 2
Sch. 5 para. 12(5) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(a)
Sch. 5 para. 40(5)(a) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(b)
Sch. 5 para. 40(5)(b) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(c)
Sch. 5 para. 40(6)(a) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(d)
Sch. 5 para. 40(6)(b) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(e)
Sch. 5 para. 44(3)(b) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(f)
Sch. 5 para. 49(7)(b) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(g)
Sch. 5 para. 50(1) words substituted by National Assembly for Wales (Representation of the People) 2006 art. 8(a)
Sch. 5 para. 50(6A)(6B) inserted by National Assembly for Wales (Representation of the People) 2006 art. 8(b)

(1)

The deposit made at an Assembly election under paragraph 10 shall either be—

(a)

returned to the person making it or his personal representatives, in the case of a candidate at a constituency election or an individual candidate at a regional election,

(b)

returned to the registered nominating officer of a registered political party which has submitted a party list, in the case of regional election, or

(c)

forfeited to the Secretary of State.

(2)

Except in the cases mentioned below in this paragraph, the deposit shall be returned not later than the next day after that on which the result or results of the election are declared.

(3)

For the purposes of sub-paragraph (2)—

(a)

a day shall be disregarded if it would be disregarded under paragraph 2 in computing any period of time for the purposes of the timetable for the election, and

(b)

the deposit shall be treated as being returned on a day if a cheque for the amount of the deposit is posted on that day.

(4)

If—

(a)

a candidate at a constituency election, or

(b)

an individual candidate or each and every candidate included on a party list at a regional election,

is not shown as standing nominated in the statement of persons nominated, or if notice of poll is countermanded or the poll is abandoned by reason of a candidate’s death, the deposit shall be returned as soon as practicable after the publication of the statement or after his death.

(5)

Subject to sub-paragraph (4), the deposit shall be forfeited if a poll is taken and after the counting of the votes (including any re-count)—

(a)

a candidate in the case of a constituency election, or

(b)

an individual candidate or a registered political party in the case of a regional election,

is found not to have polled more than one-twentieth of the total number of votes polled by all the candidates or, as the case may be, all the individual candidates and registered political parties.

(6)

Notwithstanding anything in sub-paragraphs (2) to (5), if at an Assembly election a person is shown as standing nominated as—

(a)

a candidate at a constituency election, or

(b)

an individual or party list candidate at a regional election,

and by virtue of such nomination he is in breach of section 5(5) or (6) of the 1998 Act—

(i)

his deposit, or

(ii)

the deposit paid in respect of the group of party list candidates of which he is such a candidate, shall be forfeited.