SCHEDULES

SCHEDULE 10The alternative vote system: further amendments

PART 2Amendments of other provisions of the 1983 Act

19

1

In section 139 (trial of election petition), in subsection (6) the words “the parliamentary elections rules or”, in both places, are repealed.

2

After that subsection there is inserted—

6A

If the petition relates to an election conducted under the parliamentary elections rules and it appears that there is an equality of votes between any candidates (a “tie”)—

a

rule 49, 49A or 62 of those rules (whichever is relevant) shall apply for the purposes of the petition;

b

where under rule 49 or 49A the tie falls to be resolved by lot—

i

any decision made by lot by the returning officer under that rule shall, in so far as it resolves the tie, be effective also for the purposes of the petition, and

ii

in so far as the tie is not resolved by such a decision, the court shall resolve it by lot.