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41.—(1) If, at the end of any stage of the count, the number of votes credited to a candidate exceeds the quota and one or more vacancies remain to be filled, the returning officer must (unless rule 45 applies) sort the ballot papers received by that candidate into further parcels so that they are grouped—
(a)according to the next available preference given on those papers; and
(b)if no such preference is given, as a parcel of non-transferable papers.
(2) The returning officer must—
(a)transfer each parcel of ballot papers referred to in paragraph (1)(a) to the continuing candidate for whom the next available preference is given on those papers; and
(b)credit the candidate with an additional number of votes calculated in accordance with paragraph (3).
(3) The vote on a ballot paper transferred under paragraph (2) has a value (the “transfer value”) calculated as follows—
Where—
=
the value which is calculated by multiplying the surplus of the transferring candidate by the value of the ballot paper when received by that candidate, and
=
the total number of votes credited to the transferring candidate.
(4) For the purposes of paragraph (3)—
“transferring candidate” means the candidate from whom the ballot paper is being transferred; and
“the value of the ballot paper” means—
for a ballot paper on which a first preference vote is given for the transferring candidate, one; and
for any other ballot paper, the transfer value of the ballot paper when received by the transferring candidate.
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