Sch. 2 (2) If the returning officer declares the candidate or candidates to be elected under subclause (1)(a), the declaration must be made— Sch. 2 (a) in the case of a by-election, immediately cl. 10(2)(a) after 12 noon on the 32nd day before amended by Nos 76/1995 election day; or s. 13(c), 54/1998 s. 13(1), 35/2008 s. 26(1)(2). (b) in the case of any other election, in Sch. 2 cl. 10(2)(b) accordance with clause 23. amended by No. 109/2003 s. 36(2). (2A) If a by-election is required following the death or Sch. 2 cl. 10(2A) resignation of a candidate, the vacancy is deemed inserted by No. 109/2003 to have occurred on election day. s. 36(3). (3) If there are no candidates for an election the election fails and the returning officer must give public notice that the election has failed. (4) A vacancy caused if there is no candidate or the Sch. 2 cl. 10(4) amended by number of candidates is less than the number of Nos 76/1995 vacancies is to be treated as an extraordinary s. 13(c), 54/1998 vacancy occurring on the 32nd day before election s. 13(1), 35/2008 day. s. 26(1). (4A) A vacancy to which subclause (4) applies is to be Sch. 2 cl. 10(4A) filled at a by-election held using the voters' roll inserted by certified for the general election in respect of No. 109/2003 s. 36(4). which the vacancy has arisen. * * * * * Sch. 2 cl. 10(5) repealed by No. 15/1992 s. 17(d).
(2) If the returning officer declares the candidate or candidates to be elected under subclause (1)(a), the declaration must be made— Sch. 2 cl. 10(2)(a) amended by Nos 76/1995 s. 13(c), 54/1998 s. 13(1), 35/2008 s. 26(1)(2). (a) in the case of a by-election, immediately after 12 noon on the 32nd day before election day; or Sch. 2 cl. 10(2)(b) amended by No. 109/2003 s. 36(2). (b) in the case of any other election, in accordance with clause 23. Sch. 2 cl. 10(2A) inserted by No. 109/2003 s. 36(3). (2A) If a by-election is required following the death or resignation of a candidate, the vacancy is deemed to have occurred on election day. (3) If there are no candidates for an election the election fails and the returning officer must give public notice that the election has failed. Sch. 2 cl. 10(4) amended by Nos 76/1995 s. 13(c), 54/1998 s. 13(1), 35/2008 s. 26(1). (4) A vacancy caused if there is no candidate or the number of candidates is less than the number of vacancies is to be treated as an extraordinary vacancy occurring on the 32nd day before election day. Sch. 2 Sch. 2 cl. 10(4A) inserted by No. 109/2003 s. 36(4). (4A) A vacancy to which subclause (4) applies is to be filled at a by-election held using the voters' roll certified for the general election in respect of which the vacancy has arisen. Sch. 2 cl. 10(5) repealed by No. 15/1992 s. 17(d). * * * * *