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Electoral Law Act (Northern Ireland) 1962

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Decisions as to validity of nomination papersN.I.

10(1)Where a nomination paper and the candidate's consent to it are 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; or

(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 person subscribing the paper are not as required by law;

(b)that the paper is not subscribed as so required.

(3)[F1Subject to paragraph (3A),] The returning officer shall give his decision on any objection to a nomination paper as soon as practicable after it is made.

[F1(3A)If in the returning officer's opinion a nomination paper breaks rule 5A(1), he shall give a decision to that effect as soon as practicable after the last time for the delivery of nomination papers.]

(4)[F1Where the returning officer] decides that a nomination paper is invalid, he shall endorse and sign on the paper the fact and the reasons for his decision.

(5)The decision of the returning officer that a nomination paper is valid shall be final and shall not be questioned in any proceedings whatsoever.

(6)Subject to paragraph (5), nothing in this rule shall prevent the validity of a nomination being questioned on an election petition.

F1SI 2001/417

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