(1)  The sum deposited with the returning officer or the Commissioner in accordance with section 77(8) is to be held in an approved account until the writ for the election is returned.

(2)  The deposit is to be returned to a candidate if the candidate –

(a) withdraws the nomination under section 83 ; or

(b) is elected; or

(c) at any stage of the scrutiny, obtained a number of votes which is not less than 20% of –

(i) in the case of an Assembly election, a quota as defined in Schedule 4 ; or

(ii) in the case of a Council election, an absolute majority of votes as defined in Schedule 5 .

(3)  If a candidate dies before polling day, the deposit is to be returned to the candidate's personal representatives.

(4)  If an election fails, the deposit is to be returned to each candidate.

(5)  The deposit is to be forfeited to the Crown and paid by the returning officer into the Treasury to the credit of the Public Account unless it is returned to the candidate under subsection (2) , (3) or (4) .