# The Scottish Local Government Elections Rules 2002, Paragraph 7: Decisions as to validity of nomination papers


(1) Where a nomination paper is 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;
(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 a nomination paper invalid only on one of the following grounds:–
(a) that the particulars of the candidate or the witness signing the paper are not as required by law; or
(b) that the paper is not witnessed as so required.
(3) Subject to paragraph (4) below as soon as practicable after each nomination has been delivered, the returning officer shall examine it and decide whether the candidate has been validly nominated.
(4) If in the returning officer’s opinion a nomination paper breaks rule 4(4) above, the returning officer shall give a decision to that effect as soon as practicable after the last time for the delivery of nomination papers set out in the table in rule 1 above.
(5) Where the returning officer decides that a nomination paper is invalid, the returning officer shall endorse and sign on the paper the fact and the reasons for such decision.
(6) The returning officer shall send notice of such decision that a nomination paper is valid or invalid to each candidate at the candidate’s home address as given in such nomination paper.
(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) above, nothing in this rule prevents the validity of a nomination being questioned on an election petition.

---
Source: https://www.legislation.gov.uk/ssi/2002/457/schedule/2/paragraph/7 (the official version)
Page: https://openlegislation.uk/scottish-local-government-elections-rules-2002/schedule-2/paragraph-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.