The General Optical Council (Membership) Order of Council 2001

29.—(1) Any protest under paragraph 27, or any report by the Returning Officer under paragraph 28 of this Scheme, shall be considered by the Council at their next meeting.

(2) The Council shall afford the person concerned an opportunity of making a reply in writing to the protest or the report, and may if they think fit hear oral statements from representatives of the persons signing the protest, from the Returning Officer and from the person concerned.

(3) If the Council are satisfied—

(a) that the expenditure incurred by him or on his behalf in the conduct or management of the election exceeded the limit specified in paragraph 24 of this Scheme,

(b) that he has failed to furnish a true and complete return of expenditure as required by paragraph 25 of this Scheme,

(c) that the election of the person concerned was furthered by such conduct as is described in paragraph 27(b) of this Scheme, or

(d) that this election was in some other respect not in accordance with the requirements of this Scheme,

then (unless, in case (d), it appears to the Council that the election was conducted substantially in accordance with the requirements of this Scheme and that non-compliance with those requirements did not affect the result) the Council may declare that person’s election invalid, and in that event the resulting vacancy shall be filled by a further election as provided by paragraph 23 of this Scheme.

(4) If the Council declare the election of any person invalid they shall forthwith proceed to consider whether in the circumstances of the case they should also declare that person to be disqualified from being nominated as a candidate in such further election, and if they declare him so disqualified any nomination of that person shall be rejected as invalid by the Returning Officer.