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The Police and Crime Commissioner Elections Order 2012

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Police and Crime Commissioner Elections Order 2012 No. 1917

Return or forfeiture of candidate’s deposit

This section has no associated Explanatory Memorandum

63.—(1) Unless forfeited in accordance with paragraph (5), the deposit made under rule 9 must either be returned to the person making it or to his or her personal representative.

(2) Subject to paragraph (4), the deposit must be returned not later than the next day after that on which the result of the election is declared.

(3) For the purposes of paragraph (2)—

(a)a day is to be disregarded if it would be disregarded under rule 3 in computing any period of time for the purpose of a PCC election, and

(b)the deposit is to be treated as being returned on a day if a cheque for the amount of the deposit is posted on that day.

(4) If—

(a)the candidate is not shown as standing nominated in the statement of persons nominated, or

(b)proof of the candidate’s death has been given to the police area returning officer,

the deposit must be returned as soon as practicable after the publication of that statement or after the candidate’s death (as the case may be).

(5) Where a poll is taken and, after the first calculation under rule 59, the candidate is found not to have polled more than 5 per cent. of the total number of first preference votes polled by all the candidates, the candidate’s deposit is forfeited to Her Majesty.

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