The Health Board Elections (Scotland) Regulations 2009

PART 12SPECIAL RULES RELATING TO INELIGIBLE CANDIDATES

Special rules where candidate becomes ineligible after end of nomination period

57.—(1) This rule applies if a candidate, during the period from the end of the nomination period to the declaration of the result of the poll—

(a)dies; or

(b)becomes disqualified from being a candidate within the meaning of rule 10(2).

(2) If the result of the poll is such that the candidate is not declared to be elected as an elected member, the result of the poll stands.

(3) If the result of the poll is such that the candidate is declared to be elected as an elected member the returning officer must, when declaring the result, declare that—

(a)the candidate is no longer eligible to be a candidate (or has died); and

(b)accordingly there is a vacancy to be filled in accordance with paragraph 11 of Schedule 1A to the 1978 Act.