Modifications etc. (not altering text)
C1Parliamentary election rules modified (N.I.) (prosp.) by Representation of the People Act 1985 (c. 50, SIF 42), s. 10, Sch. 1 paras. 8–23
C2Paras. 3–7 of Pt. II of Sch. 1 to Representation of the People Act 1985 (c. 50, SIF 42) have effect (N.I.) (prosp.) by virtue of s. 10 of, and Sch. 1 para. 2 to, that Act as additional rules in Sch. 1 to this Act
C3Sch. 1 applied with modifications (S.) by S.I. 1986/2213, Rules 2, 5
Sch. 1 applied (with modifications) (E.W.S.) (28.4.1999) by 1985 c. 50, s. 15(1)(2) (as applied (with modifications) (28.4.1999) by S.I. 1999/1214, reg. 8, Sch. 3) (which S.I. was revoked (23.3.2004) by S.I. 2004/293, reg. 126)
C4Sch. 1 modified (E.W.) by S.I. 1986/1081, regs. 2, 97, 98, 100 (which S.I. was revoked (23.3.2004) by S.I. 2004/294, reg. 3)
C5Sch. 1 extended (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 6(1)-(4)
C6Sch. 1 modified (N.I.) (10.4.2001) by Elections Act 2001 (c. 7), s. 4, Sch. (as amended (16.12.2010) by S.I. 2010/2977, arts. 2(2), 6; (15.9.2014) by S.I. 2014/1116, arts. 1(1), 9; and (4.4.2024) by S.I. 2024/382, art. 1(2), Sch. 5 (with art. 1(3)))
C7Sch. 1 modified (S.) by The Representation of the People (Scotland) Regulations 1986 (S.I. 1986/1111), regs. 2, 95, 96, 98 (as amended (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 36 (with reg. 1(6)(7)))
C8Sch. 1 modified (E.W.) (23.3.2004) by The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (S.I. 2004/294), reg. 8, Sch. 2 (as amended (22.5.2014) by S.I. 2014/920, regs. 1(1), 2(7), 3-6; (7.5.2015) by S.I. 2015/654, regs. 1(1), 2); (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 37 (with reg. 1(6)(7)) and (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 4)
Textual Amendments
F1Sch. 1 rules 60-65 substituted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) for Sch. 1 rule 60 by Electoral Administration Act 2006 (c. 22), ss. 24, 77; S.I. 2006/3412, art. 3, Sch. 1 para. 14(k) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4
61(1)This rule applies if at an election mentioned in rule 60(1) the majority of votes is given to the deceased candidate.U.K.
(2)Rule 50(1) (declaration of result) does not apply but the returning officer must—
(a)declare that the majority of votes has been given to the deceased candidate,
(b)declare that no member is returned, and
(c)give public notice of the total number of votes given for each candidate together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.
(3)Rule 53 (return or forfeiture of candidate's deposit) does not apply in relation to the remaining candidates.
(4)The returning officer must not return the writ and the proceedings with reference to the election must be commenced afresh subject to the following provisions of this rule.
(5)The writ for the election must be taken to have been received on the first working day after the end of the period of seven days starting on the day of the election mentioned in rule 60(1).
(6)No fresh nomination is necessary in the case of a person shown in the statement of persons nominated as standing nominated, and no other nomination may be made.
(7)The last day on which a notice of withdrawal of candidature by a person who stands nominated by virtue of paragraph (6) may be delivered is the seventh working day after the day on which the writ is taken to be received.
(8)Rule 9 (deposit) does not apply.
(9)The poll must be held on a day in the period which starts [F221] working days after the day on which the writ is taken to have been received and ends [F327] working days after that day.
(10)For the purposes of this rule a working day is a day which is not a day specified in rule 2(1)(a) to (c).]
Textual Amendments
F2Word in Sch. 1 rule 61(9) substituted (6.4.2014) by Electoral Registration and Administration Act 2013 (c. 6), ss. 14(5)(a), 27(1); S.I. 2014/414, art. 3(a) (with art. 4)
F3Word in Sch. 1 rule 61(9) substituted (6.4.2014) by Electoral Registration and Administration Act 2013 (c. 6), ss. 14(5)(b), 27(1); S.I. 2014/414, art. 3(a) (with art. 4)
Modifications etc. (not altering text)
C9Sch. 1 rule 61 applied (with modifications) 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)