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

Return or forfeiture of candidate’s deposit

49.—(1) Unless forfeited in accordance with paragraph (5), the deposit made under rule 9 of these Rules shall be returned to the person making it or his personal representative.

(2) Subject to paragraph (4), the deposit shall be returned not later than the next day after that on which the result of the election is declared.

(3) For the purposes of paragraph (2)—

(a) a day shall be disregarded if it would be disregarded under rule 4 in computing any period of time for the purposes of the timetable for an election of the kind in question; and

(b) the deposit shall be treated as being returned on a day if a cheque for the amount of the deposit is posted on that day.

(4) If the candidate is not shown as standing nominated in the statement of persons nominated, or if proof of his death has been given to the returning officer before the first calculation under rule 45, the deposit shall be returned as soon as practicable after the publication of the statement or after his death, as the case may be.

(5) Where a poll is taken, if, after the first calculation under rule 45, the candidate is found not to have polled more than one-twentieth of the total number of first preference votes polled by all the candidates, the deposit shall be forfeited to the local authority of the electoral area concerned.