The Combined Authorities (Mayoral Elections) Order 2017

Decisions as to validity of nomination papers

12.—(1) Where a nomination paper and the candidate’s consent to nomination are delivered in accordance with these Rules, the candidate shall be deemed to stand nominated unless and until—

(a) the combined authority returning officer decides that the nomination paper is invalid, or

(b) where it applies, the combined authority returning officer decides that rule 6(7) has not been complied with, or

(c) proof is given to the combined authority returning officer’s satisfaction of the candidate’s death, or

(d) the candidate withdraws.

(2) The combined authority returning officer is entitled to hold the nomination paper of a person invalid only on one of the following grounds—

(a) that the particulars of the candidate or of 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 combined authority 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 combined authority returning officer’s opinion a nomination paper breaks rule 7(1) or (3), the combined authority returning officer 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 last time for delivery of nomination papers set out in the Timetable in rule 3.

(5) Where the combined authority returning officer decides that a nomination paper is invalid, the combined authority returning officer must endorse and sign on the paper the fact and the reasons for that decision.

(6) The combined authority returning officer must send notice of the decision that a nomination paper is valid or invalid to each candidate at the candidate’s home address as given in the nomination paper.

(7) The combined authority 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.