5.—(1) The CRO must publish notice of the election stating—
(a)the place and times at which nomination papers are to be delivered, and
(b)the date of the poll in the event of a contest,
and the notice must state that forms of nomination papers may be obtained at that place and those times.
(2) The notice of election must state the arrangements (if any) which apply for the payment of the deposit required by rule 8 by means of the electronic transfer of funds.
(3) The notice of election must state the date by which—
(a)applications to vote by post or by proxy, and
(b)other applications and notices about postal or proxy voting,
must reach the registration officer for local government electors in order that they may be effective for the election.
6.—(1) Each candidate must be nominated by a separate nomination paper, which must be—
(a)in the appropriate form, and
(b)delivered to the place fixed for the purpose by the CRO, which must be at the offices of a local authority within the Assembly constituency, before the last time for the delivery of nomination papers.
(2) The nomination paper must state the candidate’s—
(a)full names,
(b)home address, in full, and
(c)if desired, description,
and the surname must be placed first in the list of names.
(3) If a candidate commonly uses—
(a)a surname which is different from any other surname he has, or
(b)a forename which is different from any other forename he has,
the nomination paper may state the commonly used surname or forename, or both surname and forename, in addition to the other name.
(4) The description (if any) can only be—
(a)one authorised as mentioned in paragraph (5) or (7), or
(b)the word “Independent”.
(5) A nomination paper may not include a description of a candidate that is likely to lead electors to associate the candidate with a registered party unless—
(a)the party is a qualifying party in relation to the electoral area, and
(b)the description is authorised by a certificate—
(i)issued by or on behalf of the registered nominating officer of the party, and
(ii)received by the CRO before the last time for the delivery of nomination papers set out in the timetable in rule 3.
(6) In paragraph (5) an authorised description may be either—
(a)the name of the party registered under section 28 of the Political Parties, Elections and Referendums Act 2000(1), or
(b)a description of the party registered under section 28A(2) of that Act.
(7) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with two or more registered political parties unless the parties are each qualifying parties in relation to the electoral area and the description is a registered description authorised by a certificate—
(a)issued by or on behalf of the registered nominating officer of each of the parties, and
(b)received by the CRO before the last time for the delivery of nomination papers set out in the timetable in rule 3.
(8) For the purposes of paragraph (7), a description is a registered description if it is a description registered for use by the parties under section 28B of the 2000 Act(3).
(9) A person will be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (5) or (7) on behalf of a registered party’s nominating officer.
(10) For the purposes of the application of these rules in relation to an election—
(a)“registered party” means a party which was registered under Part 2 of the 2000 Act on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at that election,
(b)a registered party is a qualifying party in relation to an electoral area if on the relevant day the party was registered in respect of England in the Great Britain register maintained under that Part of that Act.
(11) For the purposes of paragraph (10)(a), any day falling within rule 4(1) must be disregarded.
7. A person will not be validly nominated unless his consent to nomination—
(a)is given in writing in the appropriate form, or a form to like effect, on or within one month before the last day for the delivery of nomination papers,
(b)is attested by one witness whose name and address must be given, and
(c)is delivered at the place and within the time for delivery of nomination papers.
(2) A candidate’s consent given under this rule must—
(a)state the day, month and year of his birth, and
(b)contain a statement that to the best of the candidate’s knowledge and belief he is not disqualified from being elected by reason of—
(i)any disqualification set out in section 21 (disqualification from being the Mayor or an Assembly member) of the 1999 Act, or
(ii)any decision made under section 79 (decisions of case tribunals) the Local Government Act 2000.
8.—(1) A person will not be validly nominated unless the sum of £1,000 is deposited by him or on his behalf with the CRO at the place and within the time for delivery of nomination papers.
(2) The deposit may be made either—
(a)by the deposit of any legal tender, or
(b)by means of a banker’s draft, or
(c)with the CRO’s consent, in any other manner including by means of a debit or credit card or the electronic transfer of funds,
but the CRO may refuse to accept a deposit sought to be made by means of a banker’s draft if he does not know that the drawer carries on business as a banker in the United Kingdom.
(3) Where the deposit is made on behalf of the candidate, the person making the deposit must at the time he makes it give his name and address to the CRO, unless they have previously been given to him under section 67 (appointment of election agent) of the 1983 Act.
9.—(1) Where a nomination paper and the candidate’s consent to it are delivered, and the deposit is made, in accordance with this Part of these Rules, the candidate must be deemed to stand nominated unless and until—
(a)the CRO decides that the nomination paper is invalid, or
(b)proof is given to the CRO’s satisfaction of the candidate’s death, or
(c)the candidate withdraws.
(2) The CRO is entitled to hold a nomination paper invalid only on the grounds—
(a)that the particulars of the candidate on the nomination paper are not as required by law; or
(b)that the paper breaks rule 6(5) or (7).
(3) Subject to paragraph (4), the CRO 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 CRO’s opinion a nomination paper breaks rule 6(5) or (7), 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 end of the period for the delivery of nomination papers set out in the timetable in rule 3.
(5) Where the CRO 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 CRO must, as soon as practicable after making a decision under paragraph (3) or (4) that a nomination paper is valid or invalid, send notice of that decision to the candidate at his home address as given in his nomination paper.
(7) The CRO’s decision that a nomination paper is valid is final and must 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.
10.—(1) The CRO must prepare and publish a statement showing the persons who have been and stand nominated and any other persons who have been nominated together with the reason why they no longer stand nominated.
(2) The statement must show the names, addresses and descriptions of the persons nominated as given in their nomination papers.
(3) If a person’s nomination paper gives a commonly used surname or forename, or both surname and forename, in addition to another name, the statement must show the person’s commonly used surname or forename, or both surname and forename (as the case may be) instead of any other name.
(4) Paragraph (3) does not apply if the CRO thinks—
(a)that the use of the person’s commonly used name may be likely to mislead or confuse electors, or
(b)that the commonly used name is obscene or offensive.
(5) If paragraph (4) applies, the CRO must give notice in writing to the candidate of his reasons for refusing to allow the use of a commonly used name.
(6) The statement must show the persons standing nominated arranged alphabetically in the order of their surnames, and if there are two or more of them with the same surname, of their other names.
(7) In the case of a person nominated by more than one nomination paper, the CRO must take the particulars required by the foregoing provisions of this rule from such one of the papers as the candidate (or the CRO in default of the candidate) may select.
(8) At an ordinary election, in addition to publishing the statement under paragraph (1), the CRO must arrange for a copy of the statement to be delivered to the GLRO as soon as possible after all decisions which are required to be made under rule 9 have been made.
11.—(1) A CRO may, if he thinks fit, at any time before the publication under rule 10 of the statement of persons nominated, correct minor errors in a nomination paper.
(2) Errors which may be corrected include—
(a)errors as to a person’s electoral number,
(b)obvious errors of spelling in relation to the details of a candidate.
(3) Anything done by a CRO in pursuance of this rule may not be questioned in any proceedings other than proceedings on an election petition.
(4) A CRO must have regard to any guidance issued by the Electoral Commission for the purposes of this rule.
12.—(1) During ordinary office hours, in the period starting 24 hours after the latest time for the delivery of nomination papers and before the date of the poll, any person may inspect and take copies of, or extracts from, nomination papers and consents to nomination.
(2) Inspection under paragraph (1) may not take place on a day that is specified in rule 4(1).
13.—(1) At an ordinary election, the GLRO must, before the last time for delivery of notices of withdrawal, review the statements of persons nominated which are delivered under rule 10(8).
(2) If, having reviewed the statements in accordance with paragraph (1), it appears to the GLRO that a candidate has been validly nominated for more than one Assembly constituency, the GLRO must, before the last time for delivery of notices of withdrawal, inform the CRO for each Assembly constituency in which that candidate has been validly nominated of—
(a)the candidate’s name and particulars in the statement of persons nominated, and
(b)the name of each Assembly constituency in which the candidate appears to have been validly nominated.
(3) If practicable, before the last time for delivery of notices of withdrawal, the GLRO may also inform each candidate who is the subject of the communication under paragraph (2)—
(a)that he appears to have been validly nominated in more than one Assembly constituency, and
(b)of the name of each Assembly constituency in which he appears to have been validly nominated.
(4) A candidate who is validly nominated for more than one Assembly constituency, must withdraw from his candidature, in accordance with rule 14, in all those Assembly constituencies except one.
(5) If a CRO is notified of a candidate’s name in accordance with paragraph (2), and he receives a notice of withdrawal in respect of that candidate in accordance with rule 14, he must, before the last time for delivery of notices of withdrawal, inform—
(a)the CRO of each Assembly constituency in which that candidate has been validly nominated, and
(b)the GLRO.
(6) If a candidate does not comply with paragraph (4), each CRO who has been informed of the candidate’s name under paragraph (2) must, after the last time for the delivery of notices of withdrawal, deem that candidate to have withdrawn from his candidature in each Assembly constituency.
(7) If a candidate is deemed to have withdrawn his candidature in accordance with paragraph (6), each CRO must, as soon as practicable, notify that candidate in writing that his candidature has been deemed to be withdrawn in respect of that Assembly constituency.
14.—(1) A candidate may withdraw his candidature by notice of withdrawal—
(a)signed by him and attested by one witness, whose name and address must be given, and
(b)delivered to the CRO at the place for delivery of nomination papers,
by the end of the period for the delivery of notices of withdrawals of candidature in the timetable in rule 3.
(2) Where a candidate is outside the United Kingdom, a notice of withdrawal signed by his election agent and accompanied by a written declaration also so signed of the candidate’s absence from the United Kingdom will be of the same effect as a notice of withdrawal signed by the candidate; but where the candidate stands nominated by more than one nomination paper a notice of withdrawal under this paragraph will be effective if, and only if, it is accompanied, in addition to that declaration, by a written statement signed by the candidate that the person giving the notice is authorised to do so on the candidate’s behalf during his absence from the United Kingdom.
15.—(1) If, after any withdrawals in accordance with rule 14, the number of persons remaining validly nominated for the Assembly constituency exceeds one, a poll must be taken in accordance with Part 4 of these Rules.
(2) If, after any withdrawals in accordance with rule 14, only one person remains validly nominated for the Assembly constituency, that person must be declared to be elected in accordance with Part 5.
Section 28 of the Political Parties, Elections and Referendums Act 2000 (c.41) was amended by S.I. 2004/366 and by section 48 of the Electoral Administration Act 2006 (c.22).
Section 28A of the Political Parties, Elections and Referendums Act 2000 (c.41) was inserted by section 49(1) of the Electoral Administration Act 2006 (c.22).
Section 28B of the Political Parties, Elections and Referendums Act 2000 (c.41) was inserted by section 49(1) of the Electoral Administration Act 2006 (c.22).