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The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002

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Decisions as to validity of nomination papers

10.—(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 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), as soon as practicable after each nomination paper has been delivered, the returning officer shall examine it and decide whether the candidate has been validly nominated.

(4) If the returning officer is of the opinion that a nomination paper contravenes rule 6(5), he shall give a decision to that effect as soon as practicable after the last time for the delivery of nomination papers.

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

(6) The returning officer shall, as soon as practicable after making such a decision as is mentioned in paragraph (4) or (5), send notice of it to the 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.

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