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|
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Conduct of elections etc. |
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24 | Omission of references to Maundy Thursday |
| |
Part 4 of Schedule 1 contains amendments which omit the words “Maundy |
| 5 |
Thursday” from certain enactments specifying the days which are to be |
| |
disregarded for the purposes of election timetables and the computation of |
| |
periods relating to elections. |
| |
| |
25 | Use of candidates’ common names |
| 10 |
(1) | Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as |
| |
| |
(2) | In rule 6 (nomination of candidates), after paragraph (2) insert— |
| |
“(2A) | If a candidate commonly uses— |
| |
(a) | a surname which is different from any other surname he has, |
| 15 |
| |
(b) | a forename which is different from any other forename he |
| |
| |
| the nomination paper may state the commonly used surname or |
| |
forename in addition to the other name.” |
| 20 |
(3) | In rule 14 (publication of statement of persons nominated), after paragraph (2) |
| |
| |
“(2A) | If a person’s nomination paper gives a commonly used surname or |
| |
forename in addition to another name, the statement shall show the |
| |
person’s commonly used surname or forename (as the case may be) |
| 25 |
instead of any other name. |
| |
(2B) | Paragraph (2A) above does not apply if the returning officer thinks— |
| |
(a) | that the use of the person’s commonly used name may be |
| |
likely to mislead or confuse electors, or |
| |
(b) | that the commonly used name is obscene or offensive. |
| 30 |
(2C) | If paragraph (2B) above applies, the returning officer must give |
| |
notice in writing to the candidate of his reasons for refusing to allow |
| |
the use of a commonly used name.” |
| |
(4) | In the Appendix of forms, in the Form of nomination paper, for the first table |
| |
|
| |
|
| |
|
following the words “candidate at the said election” substitute— |
| |
|
(5) | In the Appendix of forms, in the Note following the Form of nomination paper, |
| 10 |
after paragraph 2 insert— |
| |
“2A | Where a candidate commonly uses a name which is different from |
| |
any other name he has, the commonly used name may also appear |
| |
on the nomination paper, but if it does so, the commonly used name |
| |
(instead of any other name) will appear on the ballot paper. |
| 15 |
2B | But the ballot paper will show the other name if the returning officer |
| |
| |
(a) | that the use of the commonly used name may be likely to |
| |
mislead or confuse electors, or |
| |
(b) | that the commonly used name is obscene or offensive.” |
| 20 |
26 | Candidate not to stand in more than one constituency |
| |
In Schedule 1 to the 1983 Act (parliamentary elections rules), in rule 8(3) |
| |
(candidate’s consent to nomination), after paragraph (b) insert— |
| |
“(c) | shall state that he is not a candidate at an election for any other |
| |
constituency the poll for which is to be held on the same day as |
| 25 |
that for the election to which the consent relates,”. |
| |
27 | Offences as to false statements in nomination papers |
| |
(1) | Section 65A of the 1983 Act (false statements in nomination papers) is amended |
| |
| |
(2) | In subsection (1), after paragraph (b) insert “or |
| 30 |
(c) | a certificate authorising for the purposes of rule 6A of the |
| |
parliamentary elections rules the use by a candidate of a |
| |
description if he knows that the candidate is standing at an |
| |
election in another consituency in which the poll is to be held |
| |
on the same day as the poll at the election to which the |
| 35 |
| |
(3) | After subsection (1) insert— |
| |
“(1A) | A person is guilty of a corrupt practice if, in the case of any relevant |
| |
election, he makes in any document in which he gives his consent to his |
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nomination as a candidate— |
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(a) | a statement of his date of birth, |
| |
|
| |
|
| |
|
(b) | a statement as to his qualification for being elected at that |
| |
| |
(c) | a statement that he is not a candidate at an election for any other |
| |
constituency the poll for which is to be held on the same day as |
| |
the poll at the election to which the consent relates, or |
| 5 |
(d) | a statement that he has not been selected or authorised to stand |
| |
in the name or on behalf of any registered party, organisation or |
| |
| |
| which he knows to be false in any particular. |
| |
(1B) | For the purposes of subsection (1A), a statement as to a candidate’s |
| 10 |
qualification is a statement— |
| |
(a) | that he is qualified for being elected, |
| |
(b) | that he will be qualified for being elected, or |
| |
(c) | that to the best of his knowledge and belief he is not disqualified |
| |
| 15 |
(4) | In subsection (2)(b) at the beginning insert “except for the purposes of |
| |
subsections (1)(c) and (1A)(c),”. |
| |
| |
| |
In Schedule 1 to the 1983 Act (parliamentary elections rules) for rule 60 |
| 20 |
(countermand or abandonment of poll on death of candidate) and the cross- |
| |
heading preceding it substitute— |
| |
| |
60 (1) | This rule applies if at a contested election proof is given to the |
| |
returning officer’s satisfaction before the result of the election is |
| 25 |
declared that one of the persons named or to be named in the ballot |
| |
papers as an independent candidate has died. |
| |
(2) | Subject to this rule and rules 61 and 62, these rules apply to the |
| |
election as if the candidate had not died. |
| |
(3) | The following provisions of these rules do not apply in relation to the |
| 30 |
| |
(a) | rule 32(1)(c) and (d) (admission to polling station); |
| |
(b) | rule 44(2)(b) to (d) (attendance at count); |
| |
(c) | rule 53(4) (forfeiture of deposit). |
| |
(4) | If only two persons are shown as standing nominated in the |
| 35 |
statement of persons nominated the returning officer must— |
| |
(a) | if polling has not begun, countermand the notice of poll; |
| |
(b) | if polling has begun, direct that the poll is abandoned; |
| |
(c) | subject to rule 65, treat the election as an uncontested |
| |
| 40 |
(5) | For the purposes of this rule a person is named or to be named on the |
| |
ballot papers as an independent candidate if the description (if any) |
| |
|
| |
|
| |
|
on his nomination paper is not authorised as mentioned in rule 6A(1) |
| |
| |
Deceased independent candidate wins |
| |
61 (1) | This rule applies if at an election mentioned in rule 60(1) the majority |
| |
of votes is given to the deceased candidate. |
| 5 |
(2) | Rule 50(1) (declaration of result) does not apply but the returning |
| |
| |
(a) | declare that the majority of votes has been given to the |
| |
| |
(b) | declare that no member is returned, and |
| 10 |
(c) | give public notice of the total number of votes given for each |
| |
candidate together with the number of rejected ballot papers |
| |
under each head shown in the statement of rejected ballot |
| |
| |
(3) | Rule 53 (return or forfeiture of candidate’s deposit) does not apply in |
| 15 |
relation to the remaining candidates. |
| |
(4) | The returning officer must not return the writ and the proceedings |
| |
with reference to the election must be commenced afresh subject to |
| |
the following provisions of this rule. |
| |
(5) | The writ for the election must be taken to have been received on the |
| 20 |
first working day after the end of the period of seven days starting |
| |
on the day of the election mentioned in rule 60(1). |
| |
(6) | No fresh nomination is necessary in the case of a person shown in the |
| |
statement of persons nominated as standing nominated, and no |
| |
other nomination may be made. |
| 25 |
(7) | The last day on which a notice of withdrawal of candidature by a |
| |
person who stands nominated by virtue of paragraph (6) may be |
| |
delivered is the seventh working day after the day on which the writ |
| |
| |
(8) | Rule 9 (deposit) does not apply. |
| 30 |
(9) | The poll must be held on a day in the period which starts 15 working |
| |
days after the day on which the writ is taken to have been received |
| |
and ends 19 working days after that day. |
| |
(10) | For the purposes of this rule a working day is a day which is not a |
| |
day specified in rule 2(1)(a) to (c). |
| 35 |
Deceased independent candidate with equality of votes |
| |
62 | In an election mentioned in rule 60(1), if— |
| |
(a) | rule 49 applies (equality of votes), and |
| |
(b) | any of the candidates to whom that rule applies is a deceased |
| |
| 40 |
| the deceased candidate must be ignored. |
| |
|
| |
|
| |
|
| |
63 (1) | This rule applies if— |
| |
(a) | 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 |
| 5 |
ballot paper has died, and |
| |
(b) | that person is standing in the name of a registered political |
| |
| |
(2) | The returning officer must— |
| |
(a) | countermand notice of the poll, or |
| 10 |
(b) | if polling has begun, direct that the poll be abandoned. |
| |
(3) | The proceedings with reference to the election must be commenced |
| |
afresh subject to the following provisions of this rule. |
| |
(4) | The writ for the election must be taken to have been received on the |
| |
first working day after the end of the period of seven days starting |
| 15 |
on the day the proof is given to the returning officer. |
| |
(5) | No fresh nomination is necessary in the case of a person shown in the |
| |
statement of persons nominated as standing nominated. |
| |
(6) | No other nomination may be made except for a person standing in |
| |
the name of the same registered political party in whose name the |
| 20 |
deceased candidate was standing. |
| |
(7) | The last day on which a nomination mentioned in paragraph (6) may |
| |
be delivered is the seventh working day after the day on which the |
| |
writ is taken to be received. |
| |
(8) | The last day on which a notice of withdrawal of candidature by a |
| 25 |
person who stands nominated by virtue of paragraph (5) or in |
| |
pursuance of paragraph (6) may be delivered is the seventh working |
| |
day after the day on which the writ is taken to be received. |
| |
(9) | The poll must be held on a day in the period which starts 15 working |
| |
days after the day on which the writ is taken to have been received |
| 30 |
and ends 19 working days after that day. |
| |
(10) | For the purposes of this rule— |
| |
(a) | a person stands in the name of a registered political party if |
| |
his nomination paper contains a description which is |
| |
authorised as mentioned in rule 6A(1) or (1B); |
| 35 |
(b) | a registered political party is a party which is registered |
| |
under Part 2 of the Political Parties, Elections and |
| |
| |
(c) | a working day is a day which is not a day specified in rule |
| |
| 40 |
Speaker of the House of Commons seeking re-election |
| |
64 (1) | This rule applies if at a contested election— |
| |
(a) | one of the candidates is the Speaker of the House of |
| |
Commons seeking re-election, and |
| |
|
| |
|
| |
|
(b) | proof is given to the returning officer’s satisfaction before the |
| |
result of the election is declared that that candidate has died. |
| |
(2) | The returning officer must— |
| |
(a) | countermand notice of the poll, or |
| |
(b) | if polling has begun, direct that the poll be abandoned. |
| 5 |
(3) | The proceedings with reference to the election must be commenced |
| |
afresh subject to the following provisions of this rule. |
| |
(4) | The writ for the election must be taken to have been received on the |
| |
first working day after the end of the period of seven days starting |
| |
on the day the proof is given to the returning officer. |
| 10 |
(5) | The last day on which— |
| |
| |
(b) | notice of withdrawal of candidature, |
| |
| may be delivered is the seventh working day after the day on which |
| |
the writ is taken to be received. |
| 15 |
(6) | The poll must be held on a day in the period which starts 15 working |
| |
days after the day on which the writ is taken to have been received |
| |
and ends 19 working days after that day. |
| |
(7) | For the purposes of this rule a working day is a day which is not a |
| |
day specified in rule 2(1)(a) to (c). |
| 20 |
| |
65 (1) | This rule applies to— |
| |
(a) | a poll which is abandoned in pursuance of rule 60(4)(b) as if |
| |
it were a poll at a contested election; |
| |
(b) | a poll which is abandoned in pursuance of rule 63(2)(b) or |
| 25 |
| |
(2) | The presiding officer at a polling station must take the like steps (so |
| |
far as not already taken) for the delivery to the returning officer of |
| |
ballot boxes and of ballot papers and other documents as he is |
| |
required to take on the close of the poll. |
| 30 |
(3) | The returning officer must dispose of ballot papers and other |
| |
documents in his possession as is he required to do on the |
| |
completion of the counting of the votes. |
| |
(4) | It is not necessary for a ballot paper account to be prepared or |
| |
| 35 |
(5) | No step or further step is to be taken for the counting of the ballot |
| |
| |
(6) | The returning officer must seal up all the ballot papers (whether the |
| |
votes on them have been counted or not) and it is not necessary to |
| |
seal up counted and rejected ballot papers in separate packets. |
| 40 |
(7) | The provisions of these rules as to the inspection, production, |
| |
retention and destruction of ballot papers and other documents |
| |
relating to a poll at an election apply subject to paragraphs (8) and |
| |
| |
|
| |
|
| |
|
(8) | Ballot papers on which the votes were neither counted nor rejected |
| |
must be treated as counted ballot papers. |
| |
(9) | No order is to be made for— |
| |
(a) | the production or inspection of any ballot papers, or |
| |
(b) | the opening of a sealed packet of the completed |
| 5 |
corresponding number lists or of certificates as to |
| |
employment on the day of the poll, |
| |
| unless the order is made by a court with reference to a prosecution.” |
| |
| |
29 | Amount of expenses which may be incurred by third party |
| 10 |
(1) | Section 75 of the 1983 Act (prohibition of expenses not authorised by election |
| |
agent) is amended as follows. |
| |
| |
(a) | after “be incurred” insert “during the relevant period”; |
| |
(b) | omit from “but paragraph (c) or (d) of” to the end. |
| 15 |
(3) | After subsection (1) insert— |
| |
“(1ZZA) | Paragraph (c) or (d) of subsection (1) above does not restrict the |
| |
publication of any matter relating to the election in— |
| |
(a) | a newspaper or other periodical, |
| |
(b) | a broadcast made by the British Broadcasting Corporation or by |
| 20 |
| |
(c) | a programme included in any service licensed under Part 1 or 3 |
| |
of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting |
| |
| |
(1ZZB) | Subsection (1) above does not apply to any expenses incurred by any |
| 25 |
| |
(a) | which do not exceed in the aggregate the permitted sum (and |
| |
are not incurred by that person as part of a concerted plan of |
| |
| |
(b) | in travelling or in living away from home or similar personal |
| 30 |
| |
(4) | In subsection (1ZA) for “subsection (1)(ii)” in each place where it occurs |
| |
substitute “subsection (1ZZB)(a)”. |
| |
(5) | After subsection (7) insert— |
| |
“(8) | In this section, “the relevant period” means— |
| 35 |
(a) | in relation to a parliamentary general election, the period of |
| |
four months ending with the date of the poll for the election; |
| |
(b) | in relation to a local government election (other than an election |
| |
under section 89 of the Local Government Act 1972 to fill a |
| |
casual vacancy), the period of four months ending with the date |
| 40 |
of the poll for the election; |
| |
(c) | in relation to a by-election or an election under section 89 of the |
| |
Local Government Act 1972 to fill a casual vacancy, the period |
| |
|
| |
|