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11.—(1) Where a nomination paper and the candidate’s consent to it (and, where required, a declaration and certificate under rule 7(1) and (3)) are delivered and a deposit is made in accordance with these rules, the candidate must 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 of a candidate invalid only on one of the following grounds—
(a)that the particulars of the candidate are not as required by law,
(b)that the nomination paper does not otherwise comply with the requirement set out in rule 4(1), or
(c)that the candidate is disqualified by the Representation of the People Act 1981 (which applies in respect of the office of MEP by virtue of section 10(1)(a) of the 2002 Act).
(3) The returning officer must give his decision on any objection to a nomination paper—
(a)as soon as practicable after it is made, 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 timetable.
(4) If in the returning officer’s opinion a nomination paper breaches 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 timetable.
(5) Where the returning officer decides that a nomination paper is invalid, he must endorse on the paper the fact and the reasons for his decision and sign the paper.
(6) The returning officer’s decision that a nomination paper is valid is final and may not be questioned in any proceeding whatsoever.
(7) Subject to paragraph (6), nothing in this rule prevents the validity of a nomination being questioned on a European Parliamentary election petition.]
Textual Amendments
F1Sch. 1 substituted (27.3.2009) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2009 (S.I. 2009/813), regs. 1(2), 38, Sch. 1
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