23. (1) If at 12 noon on the day (disregarding any excluded day) next following the F71[latest date for receiving nominations specified in rule 10(3)] —

(a) the number of candidates standing nominated exceeds the number of representatives to be elected, the returning officer shall adjourn the European election and shall take a poll in accordance with this Act, or

(b) the number of candidates standing nominated is equal to or less than the number of representatives to be elected, the returning officer shall forthwith declare the candidates standing nominated to be elected, make a return to the F72[chief returning officer] in accordance with rule 92(2) and give public notice in accordance with rule 92(3).

(2) Where, at the time specified in paragraph (1), the number of candidates standing nominated in a constituency is less than the number of representatives to be elected, a fresh election shall be held in the constituency in accordance with the provisions of this Act to fill the vacancy or vacancies in the Parliament arising from the deficiency in the number of candidates standing nominated and the poll at the fresh election shall be taken on such day, being a day within the period of six months beginning on the day appointed by the order under section 10 for the taking of the poll at the original election, as the Minister by order directs.