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Change in hours for nomination of candidates, etc., before nomination day

Parliamentary Elections Act 1954

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—(1) Despite any other provision of this Act but subject to subsection (3), at any time before the day of nomination appointed for any election in any electoral division, the Returning Officer may change the hours for nomination proceedings to another time, because of —(a)riot or open violence;(b)the threat of riot or open violence;(c)storm, tempest, flood or an occurrence of a similar kind;(d)a health hazard;(e)a fire or the activation of fire safety equipment (such as sprinklers or alarms); or(f)any other reason related to the safety of assistants, clerks, candidates and other persons authorised under section 31(1) to be present at the place of nomination, or to difficulties in the physical conduct of nomination proceedings.(2) Any change in the hours for nomination proceedings to another time under subsection (1) must be —(a)by notice in the Gazette describing the change in the hours for nomination proceedings; or(b)if publication under paragraph (a) is not practicable, by notice published in such manner as will secure adequate publicity in the electoral division for which the election is to be held describing the change in the hours for nomination proceedings,and any change so made is valid and sufficient.(3) In changing the hours for nomination proceedings under subsection (1), the Returning Officer may specify such other times in the day but —(a)must specify a period of one hour for the Returning Officer to receive nomination papers;(b)must specify a period of 90 minutes for the making of objections to any nomination paper;(c)must specify the latest time by which a candidate must make his or her deposit for the purposes of section 28, may correct errors in the nomination papers and may withdraw his or her candidature; (d)must specify the time at which the nomination of a candidate who is the subject of multiple nominations described in section 32A is void; and(e)must specify the latest time by which a candidate may make his or her indication (regarding his or her name) to the Returning Officer under section 105(1).(4) Any changes in time under subsection (1) in lieu of the hours fixed by the notice of the issue of the writ under section 25 for an election in an electoral division are deemed to be the hours for nomination proceedings so fixed, and sections 27, 27A, 27B, 28, 29, 29A, 30, 32, 32A and 33 apply with such modifications as are necessary.

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