Local Government (General) Regulation 2021

If, after the first preferences have been counted and transfers of surpluses have been made, fewer than the number of candidates required to be elected have obtained the quota, the candidate lowest on the poll is excluded.

The votes of the excluded candidate are to be transferred to the continuing candidates as follows—

the total number of ballot-papers of the excluded candidate on which first preferences are recorded and which express a next available preference for a particular continuing candidate are to be transferred (each ballot-paper at a transfer value of one) to that continuing candidate and added to the number of votes of the continuing candidate,

the total number (if any) of other votes obtained by the excluded candidate on transfers under this Schedule are to be transferred from the excluded candidate in the order of the transfers on which the excluded candidate obtained them (the votes obtained on the earliest transfer being transferred first) as follows—

the total number of ballot-papers transferred to the excluded candidate from a particular candidate and expressing a next available preference for a particular continuing candidate are to be multiplied by the transfer value at which the votes were transferred to the excluded candidate,

the number so obtained (disregarding any fraction) is to be added to the number of votes of the continuing candidate,

all those ballot papers are to be transferred to the continuing candidate.

Any exhausted ballot-papers are set aside as finally dealt with.

The same process of exclusion and transfer is repeated until all the candidates, except the number required to be elected, have been excluded. At that point, the continuing candidates who have not already been elected are elected.

Whenever it becomes necessary to exclude a candidate and two or more candidates have the same number of votes and are lowest on the poll, the one who was lowest on the poll at the last count or transfer at which they had an unequal number of votes is first excluded.

If those candidates have had equal numbers of votes at all preceding counts or transfers, or there has been no preceding count, the returning officer decides by lot which candidate is first excluded.

This section is subject to section 11 of this Schedule, and if at any time there is one remaining vacancy which can be filled under that section, no further exclusion under this section can be made.