- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Representation of the People Act 1983. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
12(1)Where a nomination paper and the candidate’s consent to it [F1and the home address form] are delivered and a deposit is made in accordance with these rules, the candidate shall be deemed to stand nominated unless and until—U.K.
(a)the returning officer decides that the nomination paper is invalid; or
[F2(aa)the returning officer decides that the home address form does not comply with rule 6(4); 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 invalid only on one of the following grounds—
(a)that the particulars of the candidate or the persons subscribing the paper are not as required by law;
(b)that the paper is not subscribed as so required; and
(c)that the candidate is disqualified by the Representation of the M1People Act 1981 [F3or by virtue of an order under section 30 of the Elections Act 2022].
(3)[F4Subject to paragraph (3A),] the returning officer shall give his decision on any objection to a nomination paper
[F5(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 Table in rule 1.]
.
[F6(3A)If in the returning officer’s opinion a nomination paper breaks rule 6A(1) [F7or (1B)], he shall give a decision to that effect
[F8(a)as soon as practicable after 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 Table in rule 1.]]
(4)[F9Where 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.
(5)The returning officer’s decision that a nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.
(6)Subject to paragraph (5) above nothing in this rule prevents the validity of a nomination being questioned on an election petition.
Textual Amendments
F1Words in Sch. 1 rule 12(1) inserted (4.9.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 24(4)(a), 43(1); S.I. 2009/2395, art. 2 (with art. 3)
F2Sch. 1 rule 12(1)(aa) inserted (4.9.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 24(4)(b), 43(1); S.I. 2009/2395, art. 2 (with art. 3)
F3Words in Sch. 1 rule 12(2)(c) inserted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 10 para. 4; S.I. 2023/1145, reg. 3(k) (with Sch. para. 1(1))
F4Words in Sch. 1 rule 12(3) inserted (24.3.1999) by 1998 c. 48, s. 13, Sch. 2 para. 3(2); S.I. 1999/393, art. 2
F5Words in Sch. 1 rule 12(3) substituted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 19(6), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(f) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4
F6Sch. 1 rule 12(3A) inserted (24.3.1999) by 1998 c. 48, s. 13, Sch. 2 para. 3(3); S.I. 1999/393, art. 2
F7Words in Sch. 1 rule 12(3A) inserted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77, Sch. 1 para. 130; S.I. 2006/3412, art. 3, Sch. 1 para. 14(aa)(bb)(vi) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4
F8Words in Sch. 1 rule 12(3A) substituted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 19(7), 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(f) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4
F9Words in Sch. 1 rule 12(4) substituted (24.3.1999) by 1998 c. 48, s. 13, Sch. 2 para. 3(4); S.I. 1999/393, art. 2
Modifications etc. (not altering text)
C1Sch. 1 rule 12 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I
C2Sch. 1 rule 12 applied with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)-(8), Sch. 1 Pt. I
Sch. 1 rule 12 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)
C3Sch. 1 rule 12 modified (17.2.1994) by S.I. 1994/342, regs. 1(2)(3), 5(5), 6(5)
C4Sch. 1 rule 12 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(5)-(8), Sch. 1
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: