Search Legislation

Parliamentary Voting System and Constituencies Act 2011

Status:

This is the original version (as it was originally enacted).

This section has no associated Explanatory Notes

7For rule 49 (equality of votes), and the heading, there is substituted—

Equality of votes: which candidate to be eliminated

49(1)This rule applies to determine which candidate is eliminated under rule 45A(3) above in a case where—

(a)there are two or more candidates with fewer votes than the others but an equal number to each other, or

(b)there are three or more candidates, or remaining candidates, and they all have an equal number of votes to each other.

The candidates with an equal number of votes to each other are referred to in this rule as “the tied candidates”.

(2)The candidate to be eliminated where there has been a previous elimination is—

(a)whichever of the tied candidates was allocated the fewer or fewest votes in accordance with voters’ first preferences, or

(b)if that fails to resolve the tie, whichever of them had the fewer or fewest votes after the next stage of counting (if any),

and so on.

(3)Where there has been no previous elimination, or where there has been a previous elimination but the tie is not resolved under paragraph (2) above, the returning officer shall forthwith decide by lot which of the tied candidates is to be eliminated.

Equality of votes: which candidate to be elected

49A(1)This rule applies to determine which candidate is elected under rule 45A above—

(a)in a case where there are only two remaining candidates and they have an equal number of votes, or

(b)in the case of an election with only two candidates who receive an equal number of votes.

(2)Where paragraph (1)(a) applies, the candidate to be elected is—

(a)whichever of the remaining candidates was allocated the more votes in accordance with voter’s first preferences, or

(b)if that fails to resolve the tie, whichever of them had the more votes after the next stage of counting (if any),

and so on.

(3)Where paragraph (1)(a) above applies but the tie is not resolved under paragraph (2) above, or where paragraph (1)(b) above applies, the returning officer shall forthwith decide by lot which of the two candidates is to be elected.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources