(1) An independent Assembly candidate who was a candidate in relation to an Assembly general election or an Assembly by-election and who was an independent Assembly candidate on the polling day for the election is, subject to and in accordance with this Act, eligible for payments from the Election Campaigns Fund in respect of the Assembly general election, or the Assembly by-election, if –
(a) the candidate is elected at the Assembly general election or the Assembly by-election; or
(b) the total number of formal first preference votes received by the candidate is at least 4% of the total number of first preference votes in the division in which the candidate was duly nominated for election.
(2) If subsection (1) does not apply, an independent Assembly candidate who was a candidate in relation to an Assembly general election or an Assembly by-election and who was an independent Assembly candidate on the polling day for the election is, subject to and in accordance with this Act, eligible for payments from the Election Campaigns Fund in respect of the Assembly by-election, if –
(a) the independent Assembly candidate appears on the ballot paper, used in the election, as a member of a group of candidates nominated under section 77(4) of the Electoral Act 2004 ; and
(b) in relation to the election, the total number of formal first preference votes received by all Assembly candidates, who were members of that group of candidates so nominated, is at least 4% of the total number of formal first preference votes in the division in which the candidate was duly nominated for election.