- (1) If a candidate who has made the required deposit is not elected, and the number of votes polled by him does not exceed, in the case of a constituency returning one or two members, one-eighth of the total number of votes polled, or in the case of a constituency returning more than two members one-eighth of the number of votes polled divided by the number of members to be elected, the amount deposited shall be forfeited to His Majesty; but in any other case that amount shall be returned to the candidate:
Provided that where a candidate is nominated at a General Election in more than one constituency he shall in no case recover his deposit more than once, and in such case the deposits shall be forfeited to His Majesty except such one as the Treasury direct to be returned to the candidate. - (2) For the purposes of this Section the number of votes polled shall be deemed to be the number of ballot papers (other than spoilt ballot papers) counted; and where the election is held under the system of the alternative or the transferable vote the number of votes polled by a candidate shall be the number of votes polled by him as first preferences.
§ Lords Amendments:
§ In Sub-section (1), after the word "candidate" ["returned to the candidate"], insert the words "where the candidate is elected, as soon as he has taken the oath as a member, and, where the candidate is not elected, as soon as practicable after the result of the election is declared."—Agreed to.
§ In Sub-section (2), after the word "system" ["the system of the alternative"], leave out the words "the alternative or."—Disagreed with.