153GApplication for cancellation of nomination if candidate incapacitated after close of nominations

1. An application may be made for the cancellation of the nomination of a candidate if,—

2. in the case of a candidate whose name is included on a list submitted under section 127, the candidate becomes incapacitated after the submission of the list and before the declaration required by section 193(5):
3. in the case of a constituency candidate, the candidate becomes incapacitated after the close of nominations and before the declaration of the result of the poll.

4. An application under subsection (1) must be made as follows:

5. if the candidate was nominated under section 143,—
   1. the application must be made by the 2 registered electors who nominated the candidate or, if either or both of them are unavailable or unable to act for any reason, then by the candidate’s agent:
   2. the application must be made to the Returning Officer for the district:
6. if the candidate was nominated in a bulk nomination schedule or in accordance with section 146K, or is a candidate whose name is included on a list submitted under section 127,—
   1. the application must be made by the secretary of the party:
   2. the application must be made to the Electoral Commission.

7. The application must be made on a form provided by the Electoral Commission, and must be witnessed by a Justice of the Peace or a solicitor.

8. The application must be accompanied by a certificate signed by a medical practitioner that certifies—

9. as to the candidate’s condition; and
10. that, in the practitioner’s opinion, the candidate is incapacitated within the meaning of section 151A.

11. The application—

12. must be submitted to the Returning Officer or, as the case requires, the Electoral Commission—
    1. as soon as practicable after the candidate becomes incapacitated; and
    2. before the declaration of the result of the poll; and
13. may be submitted by hand, post, or electronically.