Electoral (Amendment) Act 2009

17.

Amendment of article 84 of Local Elections Regulations.

17.— The Local Elections Regulations are amended by substituting the following sub-article for sub-article (2) of article 84:

“(2) Where the total of the votes of the two or more lowest candidates, together with any surplus not transferred, is less than the number of votes credited to the next highest candidate, the returning officer shall in one operation exclude such two or more lowest candidates provided that—

( a) in cases where the second lowest candidate, or someone on his or her behalf, made a deposit in accordance with article 15 at the election concerned, the number of votes credited to that candidate is greater than one quarter of the quota, or

( b) in cases where any one of such two or more lowest candidates, or someone on his or her behalf, made a deposit in accordance with article 15 at the election concerned and the number of votes credited to any such candidate does not exceed one quarter of the quota, it is clear that the exclusion of the candidates separately in accordance with sub-article (1) and the transfer of any untransferred surplus could not result in a number of votes exceeding one quarter of the quota being credited to that candidate.”.