Presidential Elections Act, 1993
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Nomination by county councils and county borough corporations. |
16.—(1). A council of a county or a corporation of a county borough may, by resolution (of the intention to propose which not less than 3 clear days' notice has been given in writing to every person who, at the time when such notice is given, is a member of the council or the corporation, as appropriate) resolve to nominate one named person to be a candidate at a presidential election. | |
(2) A resolution under this section shall not be passed before the date of the making of the presidential election order in respect of the presidential election to which the resolution relates and, subject to sections 30 and 31 , such a resolution shall not be rescinded. | ||
(3) A resolution passed under this section shall be given effect to by means of a nomination paper in the form prescribed for this purpose sealed with the seal of the council or corporation concerned. | ||
(4) A nomination paper referred to in this section shall state the names (the surname being stated first), address and occupation (if any) of the person thereby nominated to be a candidate and shall also state all such matters as are required by the nomination paper to be stated therein. | ||
(5) A nomination paper referred to in this section which is delivered to the presidential returning officer in accordance with section 14 and which is regular and valid on its face shall (unless the contrary is shown) be conclusive evidence that the resolution mentioned therein was duly proposed and passed in accordance with this section on the date stated in that behalf in the nomination paper at a meeting properly convened and held of the council or corporation whose seal is affixed to the nomination paper. | ||
(6) The presidential returning officer shall furnish free of charge a nomination paper or papers to any council of a county or corporation of a county borough applying therefor. | ||
(7) Without prejudice to sections 30 and 31 , where, in accordance with section 14 , the presidential returning officer receives from the council of the same county or the corporation of the same county borough 2 or more nomination papers which are regular and valid on their face and which purport to nominate different persons to be candidates at the said election, the following provisions shall have effect: | ||
(a) any 2 or more of such nomination papers which purport to give effect to resolutions passed on the same day shall be invalid, and all (if any) of such nomination papers which purport to give effect to a resolution passed on a subsequent day shall also be invalid, | ||
(b) subject and without prejudice to paragraph (a), that one (if any) of such nomination papers which purports to give effect to a resolution passed on a day earlier than that on which any of the resolutions to which the others of such nomination papers purport to give effect was passed, shall alone be regarded and the others of such nomination papers shall be invalid. | ||
(8) Four valid nomination papers each nominating the same person to be a candidate in pursuance of a resolution passed in accordance with this section by the council of a different county or the corporation of a different county borough shall be necessary to constitute a nomination of the person by councils of counties or corporations of county boroughs. | ||
(9) The exercise of the powers conferred by this section shall be, in the case of the council of a county, a reserved function for the purposes of the County Management Acts, 1940 to 1991, and, in the case of the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough. |