|
|
|
|
|
|
|
|
|
|
|
|
Amend
the Representation of the People Acts in respect of deceased |
|
|
|
|
Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
|
|
consent of the Lords Spiritual
and Temporal, and Commons, in this present |
|
|
Parliament assembled, and
by the authority of the same, as follows:— |
|
|
|
|
In Schedule 1 to the Representation
of the People Act 1983 (c. 2) (parliamentary |
|
|
elections rules), for Part
VI substitute- |
|
|
|
|
|
5 |
|
|
60 (1) |
Rules 61 to 63 of
these rules apply if at a contested election proof is |
|
|
given
to the returning officer's satisfaction before the result of the
|
|
|
election
is declared that one of the persons named or to be named as |
|
|
a
candidate in the ballot papers has died. |
|
10 |
(2) |
Rule 61 of these
rules applies in any case to which neither rule 62 nor |
|
|
|
|
(3) |
Rule 62 of these
rules applies if the deceased candidate was— |
|
|
(a) |
not the candidate
of a registered political party (subject to |
|
|
|
15 |
(b) |
the candidate
of a registered political party whose candidate |
|
|
at
the previous general election received fewer than 10 per |
|
|
cent
of the votes cast in that constituency; |
|
|
(c) |
the candidate of
a registered political party— |
|
|
(i) |
which did not
contest that constituency at the |
|
20 |
previous
general election, and |
|
|
(ii) |
whose candidates
received fewer than 5 per cent of |
|
|
the
total number of votes cast at that election; or |
|
|
|
|
|
|
|
|
|
|
|
(d) |
a
candidate in more than one constituency. |
|
|
(4) |
Rule 63 of these
rules applies (and rule 62 does not apply) if the |
|
|
deceased
candidate was the Speaker of the House of Commons |
|
|
|
|
Modification
of arrangements for poll following death of candidate |
|
5 |
61 (1) |
If this rule applies,
a new candidate may be nominated in place of the |
|
|
deceased
candidate provided that the conditions in paragraph (2) are |
|
|
|
|
(2) |
The conditions
are that the new candidate— |
|
|
(a) |
must be nominated
not more than 7 days after the day on |
|
10 |
which
proof was given to the returning officer of the death; |
|
|
|
|
(b) |
must use the same
description as the deceased candidate. |
|
|
(3) |
If a new candidate
is nominated under paragraph (1), the Timetable |
|
|
in
rule 1 of these rules shall have effect as if for the entry relating
to |
|
15 |
polling
there were substituted— |
|
|
|
|
In the case of a general
election |
|
|
|
|
|
or
a by-election, between the |
|
|
|
|
|
hours
of 7 in the morning and |
|
|
|
|
|
10
at night on the day fixed by |
|
|
20 |
|
|
the
returning officer, which |
|
|
|
|
|
shall
not be earlier than the day |
|
|
|
|
|
originally
fixed for the poll, nor |
|
|
|
|
|
later
than the twenty-eighth |
|
|
|
|
|
day
after the day on which |
|
|
25 |
|
|
|
|
|
|
|
returning
officer of the death.” |
|
|
|
|
(4) |
If the day fixed
under paragraph (3) (“the new polling day”) is later
|
|
|
than
the day originally fixed for the poll, a new candidate may be
|
|
|
nominated
in place of any candidate who has withdrawn his |
|
30 |
candidature
(“the former candidate”) provided that the conditions
in |
|
|
paragraphs
(5) and (6) are satisfied. |
|
|
(5) |
The conditions
in this paragraph are that the former candidate was |
|
|
(and
the new candidate is)— |
|
|
(a) |
the candidate
of a registered political party whose candidate |
|
35 |
received
10 per cent or more of the votes cast in that |
|
|
constituency
at the previous general election; or |
|
|
(b) |
the candidate of
a registered political party- |
|
|
(i) |
which did not
contest that constituency at the |
|
|
previous
general election, and |
|
40 |
(ii) |
whose candidates
received 5 per cent or more of the |
|
|
total
number of votes cast at that election; and |
|
|
(c) |
a candidate in
that constituency only. |
|
|
(6) |
The conditions
in this paragraph are that the new candidate— |
|
|
|
|
|
|
|
|
|
(a) |
must
be nominated not more than 7 days after the day on |
|
|
which
the new polling day was fixed; |
|
|
(b) |
must use the same
description as the former candidate; and |
|
|
(c) |
must satisfy the
returning officer that the withdrawal of the |
|
|
former
candidate is wholly or mainly attributable to the |
|
5 |
change
in the date of the poll. |
|
|
(7) |
If no new candidate
is nominated under paragraph (1)— |
|
|
(a) |
the candidacy
of the deceased candidate shall be null and |
|
|
|
|
(b) |
if the ballot
papers have been printed, the returning officer |
|
10 |
may
arrange for them to be reprinted without that person's |
|
|
name
and other particulars if he is satisfied that reprinted |
|
|
ballot
papers will be available before the day fixed for the |
|
|
|
|
Death
of independent etc. candidate |
|
15 |
|
|
(a) |
the candidacy
of the deceased candidate shall be null and |
|
|
|
|
(b) |
if the ballot
papers have been printed, the returning officer |
|
|
may
arrange for them to be reprinted without that person's |
|
20 |
name
and other particulars if he is satisfied that reprinted |
|
|
ballot
papers will be available before the day fixed for the |
|
|
|
|
Countermand
or abandonment of poll on death of Speaker of House of Commons
seeking re- |
|
|
|
25 |
63 (1) |
If this rule applies
the returning officer shall countermand notice of |
|
|
the
poll or, if polling has begun, direct that the poll be abandoned,
|
|
|
and
all proceedings with reference to the election shall be |
|
|
commenced
afresh in all respects as if the writ had been received 7 |
|
|
days
after the day on which proof was given to the returning officer
|
|
30 |
of
the death except that— |
|
|
(a) |
no fresh nomination
shall be necessary in the case of a person |
|
|
shown
in the statement of persons nominated as standing |
|
|
|
|
(b) |
in the case of
a general election, as in the case of a by-election, |
|
35 |
the
time for delivery of nomination papers and the time for |
|
|
polling
shall be determined in accordance with the third |
|
|
column
in the Timetable in rule 1 of these rules (with the |
|
|
necessary
modification of any reference to the date on which |
|
|
|
40 |
(2) |
Where the poll
is abandoned by reason of the death of the Speaker of |
|
|
the
House of Commons seeking re-election the proceedings at or |
|
|
consequent
on that poll shall be interrupted, and the presiding |
|
|
officer
at any polling station shall take the like steps (so far as not
|
|
|
already
taken) for the delivery to the returning officer of ballot boxes
|
|
45 |
and
of ballot papers and other documents as he is required to take
on |
|
|
the
close of the poll in due course, and the returning officer shall
|
|
|
dispose
of ballot papers and other documents in his possession as he |
|
|
|
|
|
|
|
|
|
is
required to do on the completion in due course of the counting
of |
|
|
|
|
(a) |
it shall not be
necessary for any ballot paper account to be |
|
|
prepared
or verified; and |
|
|
(b) |
the returning
officer, without taking any step or further step |
|
5 |
for
the counting of the ballot papers or of the votes shall seal |
|
|
up
all the ballot papers, whether the votes on them have been |
|
|
counted
or not, and it shall not be necessary to seal up |
|
|
counted
and rejected ballot papers in separate packets. |
|
|
(3) |
The provisions
of these rules as to the inspection, production, |
|
10 |
retention
and destruction of ballot papers and other documents |
|
|
relating
to a poll at an election apply to any such documents relating
|
|
|
to
a poll abandoned by reason of a candidate's death, with the |
|
|
|
|
(a) |
ballot papers
on which the votes were neither counted nor |
|
15 |
rejected
shall be treated as counted ballot papers; and |
|
|
(b) |
no order shall
be made for the production or inspection of |
|
|
any
ballot papers or for the opening of a sealed packet of |
|
|
counterfoils
or certificates as to employment on duty on the |
|
|
day
of the poll unless the order is made by a court with |
|
20 |
reference
to a prosecution.” |
|
|
2 |
Citation
and commencement |
|
|
(1) |
This Act may be cited as
the Representation of the People (Amendment) Act |
|
|
2005, and is included among
the Acts which may be cited as the Representation |
|
|
|
25 |
(2) |
This Act comes into force
at the end of the period of two months beginning |
|
|
with the day on which this
Act is passed. |
|
|
|
|
|