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8.—(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 persons subscribing the paper are not as required by law; and
(b)that the paper is not subscribed as so required.
(3) Subject to paragraph (4), the returning officer must, as soon as practicable after each nomination paper has been delivered, examine it and decide whether the candidate has been validly nominated.
(4) If in the returning officer’s opinion a nomination paper breaks rule 5(1) or (3), he must give a decision to that effect—
(a)as soon as practicable after the delivery of the nomination paper, and
(b)in any event, before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers set out in the Table in rule 1.
(5) Where the returning officer decides that a nomination paper is invalid, he must endorse and sign on the paper the fact and the reasons for his decision.
(6) The returning officer must send notice of his decision that a nomination paper is valid or invalid to each candidate at his home address as given in his nomination paper.
(7) The returning officer’s decision that a nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.
(8) Subject to paragraph (7), nothing in this rule prevents the validity of a nomination being questioned on an election petition.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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