(1)  If a person nominated as a candidate for an election dies before noon on nomination day –

(a) nominations for that election may be lodged until noon on the day after nomination day; and

(b) candidates are to be announced as soon as practicable after noon on the day after nomination day.

(2)  If, in relation to an Assembly election, a person nominated as a candidate dies after noon on nomination day and before polling day, and –

(a) there are no more than 7 candidates remaining, the election is to proceed in accordance with section 88 as if the remaining candidates were the only candidates nominated; or

(b) there are more than 7 candidates remaining, the election is to proceed in accordance with section 89 and the votes cast for the deceased candidate are to be counted as votes cast for the candidate next in order of the elector's preference.

(3)  If, in relation to a Council election, a person nominated as a candidate dies after noon on nomination day and before polling day, the election fails.

(4)  If a candidate dies on or after polling day for an election, the count for that election is to be conducted as if the candidate had not died and, if that candidate receives sufficient votes to be elected, a vacancy is taken to have occurred in his or her seat as if he or she had died on the day after the declaration of the poll.

(5)  If, in accordance with subsection (4) , a vacancy is taken to have occurred –

(a) in the case of an Assembly election, that vacancy is to be filled as provided by Part 9 ; and

(b) in the case of a Council election, that vacancy is to be filled as provided by section 74 .