![]() |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] [DONATE] | |
United Kingdom Statutory Instruments |
||
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 No. 1024 URL: https://www.bailii.org/uk/legis/num_reg/2007/20071024.html |
[New search] [Help]
Made | 26th March 2007 | ||
Coming into force | 27th March 2007 |
Interpretation
2.
In these Regulations, —
the poll at which is taken together with the poll at the mayoral election;
Conduct of mayoral elections
3.
—(1) An election for the return of an elected mayor[13] shall be conducted in accordance with the Rules set out in Schedule 1 ("the Mayoral Elections Rules").
(2) The relevant provisions in the enactments referred to in paragraph (3), shall have effect—
subject to the modifications set out in paragraph (4).
(3) The enactments referred to in paragraph (2) are—
(4) The modifications referred to in paragraph (2) are—
(5) In this regulation "relevant provisions" means the provisions which have effect in relation to the conduct of the election of councillors for any county electoral division or district or London borough ward (in England) or any county electoral division or county borough ward (in Wales).
Combination of polls
4.
Where the poll at a mayoral election is taken together with the poll at a relevant election or referendum[16], the Mayoral Elections Rules shall be modified so as to have effect as set out in Schedule 3.
Questioning of mayoral election
5.
For the purposes of section 44(4) of the 2000 Act, Part 3 (legal proceedings) of the 1983 Act shall have effect in relation to the questioning of an election for the return of an elected mayor as it has effect in relation to the questioning of an election under the local government Act [17].
Free delivery of election addresses
6.
—(1) Each candidate at a mayoral election shall be entitled (subject to and in accordance with the provisions of Schedule 4) to have an election address prepared on behalf of the candidate included in a booklet of election addresses—
(2) Candidates' election addresses shall be delivered at the expense of the local authority for whose electoral area the election is held.
(3) Schedule 4 (which makes provisions supplementing paragraph (1) above) shall have effect.
Signed by authority of the Secretary of State
Bridget Prentice,
Parliamentary Under Secretary of State Department for Constitutional Affairs
26th March 2007
1. | Citation |
2. | Interpretation |
3. | Timetable |
4. | Computation of time |
5. | Notice of Election |
6. | Nomination of candidates |
7. | Nomination papers: name of registered political party |
8. | Subscription of nomination paper |
9. | Consent to nomination |
10. | Deposits |
11. | Decisions as to validity of nomination papers |
12. | Publication of statement of persons nominated |
13. | Inspection of nomination papers and consent to nomination |
14. | Correction of minor errors |
15. | Withdrawal of candidature |
16. | Method of election |
17. | Poll to be taken by ballot |
18. | The ballot papers |
19. | The corresponding number list |
20. | The official mark |
21. | Prohibition of disclosure of vote |
22. | Use of schools and public rooms |
23. | Notice of poll |
24. | Postal ballot papers |
25. | Provision of polling stations |
26. | Appointment of presiding officers and polling clerks |
27. | Issue of official poll cards |
28. | Equipment of polling stations |
29. | Appointment of polling and counting agents |
30. | Notification of requirement of secrecy |
31. | Return of postal ballot papers |
32. | Admission to polling station |
33. | Keeping of order in station |
34. | Sealing of ballot boxes |
35. | Questions to be put to voters |
36. | Challenge of voter |
37. | Voting procedure |
38. | Votes marked by presiding officer |
39. | Voting by persons with disabilities |
40. | Tendered ballot papers - circumstances where available |
41. | Tendered ballot papers - general provisions |
42. | Spoilt ballot papers |
43. | Correction of errors on day of poll |
44. | Adjournment of poll in case of riot |
45. | Procedure on close of poll |
46. | Attendance at the count |
47. | The first count |
48. | Rejected ballot papers |
49. | Decisions on ballot papers |
50. | Re-count |
51. | Procedure at conclusion of first count |
52. | The count of second preference votes |
53. | The calculation of total votes and resolution of equality |
54. | Declaration of result |
55. | Return or forfeiture of candidate's deposit |
56. | Sealing up of ballot papers |
57. | Delivery and retention of documents |
58. | Orders for production of documents |
59. | Retention of documents |
60. | Countermand or abandonment of poll on death of a candidate |
Proceeding | Time |
Publication of notice of election | Not later than the twenty-fifth day before the day of election |
Delivery of nomination papers | Not later than noon on the nineteenth day before the day of election |
Publication of statement as to persons nominated | Not later than noon on the seventeenth day before the day of election |
Delivery of notices of withdrawal of candidature | Not later than noon on the sixteenth day before the day of election |
Notice of poll | Not later than the sixth day before the day of election |
Polling | Between the hours of 7 in the morning and 10 at night on the day of election |
shall be disregarded, and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll nor shall the returning officer be obliged to proceed with the counting of the votes on such a day.
(2) In this rule, "bank holiday" means a day which is a bank holiday under the Banking and Financial Dealings Act 1971[19] in England and Wales.
and the notice must state that forms of nomination papers may be obtained at that place and those times.
(2) The notice of election must also state the arrangements which apply for the payment of the deposit required by rule 10 to be made by means of the electronic transfer of funds.
(3) The notice of election must state the date by which—
must reach the returning officer in order that they may be effective for the election.
Nomination of candidates
6.
—(1) Each candidate must be nominated by a separate nomination paper.
(2) A nomination paper must be in the appropriate form in the Appendix or a form to the like effect and shall be delivered at the place fixed for the purpose by the returning officer, which shall be at the offices of the council of the county, county borough, district or London borough in which the electoral area wholly or mainly lies.
(3) A nomination paper must state the candidate's—
and the surname must be placed first in the list of names.
(4) If a candidate commonly uses—
Nomination papers: name of registered political party
7.
—(1) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with a registered political party unless the party is a qualifying party in relation to the electoral area and the description is authorised by a certificate—
(2) In paragraph (1) an authorised description may be either—
(3) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with two or more registered political parties unless the parties are each qualifying parties in relation to the electoral area and the description is a registered description authorised by a certificate—
(4) For the purposes of paragraph (3), a description is a registered description if it is a description registered for use by the parties under section 28B of the Political Parties, Elections and Referendums Act 2000[22].
(5) A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (1) or (3) on behalf of a registered political party's nominating officer.
(6) For the purposes of the application of this rule in relation to an election—
(7) For the purposes of paragraph (6)(a), any day falling within rule 4(1) must be disregarded.
Subscription of nomination paper
8.
—(1) The nomination paper must be subscribed by two electors as proposer and seconder, and by twenty-eight other electors as assenting to the nomination.
(2) Where a nomination paper has the signatures of more than the required number of persons as proposing, seconding or assenting to the nomination of a candidate, the signature or signatures (up to the required number) appearing first on the paper in each category must be taken into account to the exclusion of any others in that category.
(3) The nomination paper must give the electoral number of each person subscribing it.
(4) The returning officer—
(6) But, in this rule, "elector" does not include a person who has an anonymous entry in the register.
Consent to nomination
9.
A person shall not be validly nominated unless his consent to nomination—
Deposits
10.
—(1) A person shall not be validly nominated unless the sum of £500 is deposited by him or on his behalf, with the returning officer at the place and within the time for delivery of nomination papers.
(2) The deposit may be made either—
but the returning officer may refuse to accept a deposit sought to be made by means of a banker's draft if he does not know that the drawer carries on business as a banker in the United Kingdom.
(3) Where the deposit is made on behalf of the candidate, the person making the deposit must at the time he makes it give his name and address to the returning officer (unless they have previously been given to him under section 67 (appointment of election agent) of the 1983 Act).
Decisions as to validity of nomination papers
11.
—(1) Where a nomination paper and the candidate's consent to nomination are delivered in accordance with these Rules, the candidate shall be deemed to stand nominated unless and until—
(5) Where the returning officer decides that a nomination paper is invalid, he must endorse and sign on the paper the fact and the reasons for his decision.
(6) The returning officer must send notice of his decision that a nomination paper is valid or invalid to each candidate at his home address as given in his nomination paper.
(7) The returning officer's decision that a nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.
(8) Subject to paragraph (7), nothing in this rule prevents the validity of a nomination being questioned on an election petition.
Publication of statement of persons nominated
12.
—(1) The returning officer must prepare and publish a statement showing the persons who have been and stand nominated and any other persons who have been nominated, with the reason why they no longer stand nominated.
(2) The statement must show the names, addresses and descriptions of the persons nominated as given in their nomination papers.
(3) If a person's nomination paper gives a commonly used surname or forename in addition to another name, the statement must show the person's commonly used surname or forename (as the case may be) instead of any other name.
(4) Paragraph (3) does not apply if the returning officer thinks—
(5) If paragraph (4) applies, the returning officer must give notice in writing to the candidate of his reasons for refusing to allow the use of a commonly used name.
(6) The statement must show the persons standing nominated arranged alphabetically in the order of their surnames, and if there are two or more of them with the same surname, of their other names.
(7) In the case of a person nominated by more than one nomination paper, the returning officer must take the particulars required by the foregoing provisions of this rule from such one of the papers as the candidate (or the returning officer in default of the candidate) may select.
Inspection of nomination papers and consent to nomination
13.
During ordinary office hours on any day, other than a day specified in rule 4(1), after the latest time for delivery of nomination papers and before the date of the poll, any person may inspect and take copies of, or extracts from, nomination papers and consents to nomination.
Correction of minor errors
14.
—(1) A returning officer may, if he thinks fit, at any time before the publication under rule 12 of the statement of persons nominated, correct minor errors in a nomination paper.
(2) Errors which may be corrected include—
(3) Anything done by a returning officer in pursuance of this rule shall not be questioned in any proceedings other than proceedings on an election petition.
(4) A returning officer must have regard to any guidance issued by the Electoral Commission for the purposes of this rule.
Withdrawal of candidature
15.
—(1) A candidate may withdraw his candidature by notice of withdrawal—
Method of election
16.
If, after any withdrawals under rule 15—
(4) If a candidate who is the subject of a party's authorisation under rule 7(1) so requests, the ballot paper must contain, against the candidate's particulars, the party's registered emblem (or, as the case may be, one of the party's registered emblems).
(5) The candidate's request under paragraph (4) must—
(6) The order of the names in the ballot paper must be the same as in the statement of persons nominated.
The corresponding number list
19.
—(1) The returning officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by him in pursuance of rule 24 or provided by him in pursuance of rule 28.
(2) The list must be in the appropriate form in the Appendix or a form to like effect.
The official mark
20.
—(1) Every ballot paper must contain an appropriate security marking (the official mark).
(2) The official mark must be kept secret, and an interval of not less than five years shall intervene between the use of the same official mark at an election (of whatever description) for the same county, county borough, district or London borough, as the case may be.
(3) The returning officer may use a different official mark for different purposes at the same election.
Prohibition of disclosure of vote
21.
No person who has voted at the election shall, in any legal proceeding to question the election, be required to state for whom he has voted.
Use of schools and public rooms
22.
—(1) The returning officer may use, free of charge, for the purpose of taking the poll or counting the votes—
(2) The use of a room in an unoccupied hereditament for that purpose or those purposes does not render a person liable to any payment by way of council tax or non-domestic rate in respect of that hereditament and any day on which it is so used.
(3) The returning officer must make good any damage done to, and defray any expense incurred by the persons having control over, any such room as is mentioned in paragraph (1) by reason of its being used for the purpose of taking the poll or counting the votes.
Notice of poll
23.
—(1) The returning officer must publish notice of the poll stating—
and he must as soon as practicable after giving such a notice give a copy of it to each of the election agents.
Postal ballot papers
24.
—(1) The returning officer must, in accordance with regulations made under the 1983 Act[23], issue to those entitled to vote by post a ballot paper and a postal voting statement in the appropriate form in the Appendix, or a form to the like effect, together with such envelopes for their return as may be prescribed by such regulations.
(2) The returning officer must also issue to those entitled to vote by post such information as he thinks appropriate about how to obtain—
(3) The postal voting statement must include provision for the form to be signed and for stating the date of birth of the elector or proxy (as the case may be).
(4) In the case of a ballot paper issued to a person at an address in the United Kingdom, the returning officer must ensure that the return of the ballot paper and postal voting statement is free of charge to the voter.
Provision of polling stations
25.
—(1) The returning officer must provide a sufficient number of polling stations and, subject to the following provisions of this rule, must allot the electors to the polling stations in such manner as he thinks most convenient.
(2) One or more polling stations may be provided in the same room.
(3) The polling station allotted to electors from any parliamentary polling district wholly or partly within the electoral area must, in the absence of special circumstances, be in the parliamentary polling place for that district, unless that place is outside the electoral area.
(4) The returning officer must provide each polling station with such number of compartments as may be necessary in which the voters can mark their votes screened from observation.
Appointment of presiding officers and polling clerks
26.
—(1) The returning officer must appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary for the purposes of the election, but he must not appoint any person who has been employed by or on behalf of a candidate in or about the election.
(2) The returning officer may, if he thinks fit, preside at a polling station and the provisions of these Rules relating to a presiding officer shall apply to a returning officer so presiding with the necessary modifications as to things to be done by the returning officer to the presiding officer or by the presiding officer to the returning officer.
(3) A presiding officer may do, by the clerks appointed to assist him, any act (including the asking of questions) which he is required or authorised by these Rules to do at a polling station except order the arrest, exclusion or removal of any person from the polling station.
Issue of official poll cards
27.
—(1) The returning officer must as soon as practicable after the publication of the notice of the election send to electors and their proxies an official poll card.
(2) An elector's official poll card must be sent or delivered to his qualifying address, and a proxy's to his address as shown in the list of proxies.
(3) The official poll card must be in the appropriate form in the Appendix, or a form to the like effect, and must set out—
and different information may be provided in pursuance of sub-paragraph (e) to different electors or descriptions of elector.
(4) In the case of an elector with an anonymous entry, instead of containing the matter mentioned in paragraph (3)(c), the poll card must contain such matter as is specified in the appropriate form in the Appendix.
(5) Paragraph (5) of rule 8 shall apply for the interpretation of this rule.
Equipment of polling stations
28.
—(1) The returning officer must provide each presiding officer with such number of ballot boxes and ballot papers as in the returning officer's opinion may be necessary.
(2) Every ballot box must be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked or, where the box has no lock, the seal being broken.
(3) The returning officer must provide each polling station with—
(4) The reference in paragraph (3)(b) to the copies of the register of electors includes a reference to copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act[24] in respect of alterations to the register.
(5) The returning officer must also provide each polling station with—
(6) A notice in the appropriate form in the Appendix giving directions for the guidance of voters in voting, must be printed in conspicuous characters and exhibited inside and outside every polling station.
(7) The returning officer may also provide copies of the notice mentioned in paragraph (6) in Braille or translated into languages other than English as he considers appropriate, provided that these notices are accurate reproductions in Braille or that other language of that notice.
(8) The device referred to in paragraph (5)(b) must—
(11) Any notice required to be given to a counting agent by the returning officer may be delivered at, or sent by post to, the address stated in the notice of appointment.
(12) A candidate may himself do any act or thing which any polling or counting agent of his, if appointed, would have been authorised to do, or may assist his agent in doing any such act or thing.
(13) A candidate's election agent may do or assist in doing anything which the candidate's polling or counting agent is authorised to do; and anything required or authorised by these Rules to be done in the presence of the polling or counting agent may be done in the presence of a candidate's election agent instead of his polling agent or counting agent.
(14) Where by these Rules any act or thing is required or authorised to be done in the presence of the polling or counting agent, the non-attendance of any agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
Notification of requirement of secrecy
30.
The returning officer must make such arrangements as he thinks fit to ensure that—
Return of postal ballot papers
31.
—(1) Where—
the returning officer must mark the list in the manner prescribed by regulations made under the 1983 Act[26].
(2) Rule 47(4) does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.
Admission to polling station
32.
—(1) The presiding officer must exclude all persons from the polling station except—
(2) The presiding officer must regulate the total number of voters and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.
(3) Not more than one polling agent shall be admitted at the same time to a polling station on behalf of the same candidate.
(4) A constable or person employed by a returning officer must not be admitted to vote in person elsewhere than at his own polling station allotted to him under these Rules, except on production and surrender of a certificate as to his employment which must be in the appropriate form in the Appendix, or a form to the like effect, and signed by an officer of police of or above the rank of inspector or by the returning officer, as the case may be.
(5) Any certificate surrendered under this rule must forthwith be cancelled.
Keeping of order in station
33.
—(1) It is the presiding officer's duty to keep order at his polling station.
(2) If a person misconducts himself in a polling station, or fails to obey the presiding officer's lawful orders, he may immediately, by the presiding officer's order, be removed from the polling station—
and the person so removed shall not, without the presiding officer's permission, again enter the polling station during the day.
(3) Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.
(4) The powers conferred by this rule must not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
Sealing of ballot boxes
34.
Immediately before the commencement of the poll, the presiding officer must—
in such a manner as to prevent its being opened without breaking the seal;
(d) place the box in his view for the receipt of ballot papers; and
(e) keep the box locked and sealed or, as the case may be, sealed.
Questions to be put to voters
35.
—(1) At the time of the application for a ballot paper (but not afterwards), the questions specified in the second column of the following Table—
Q. No. | Person applying for ballot paper | Question |
1 | A person applying as an elector |
(a)— Are you the person registered in the register of local government electors for this election as follows? read the whole entry from the register [R] (b)— Have you already voted [here or elsewhere] at this election otherwise than as proxy for some other person? [R] |
2 | A person applying as proxy |
(a)— Are you the person whose name appears as A.B. in the list of proxies for this election as entitled to vote as proxy on behalf of C.D.? [R] (b)— Have you already voted [here or elsewhere] at this election as proxy on behalf of C.D.? [R] (c)— Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of C.D.? [R] |
3 | A person applying as proxy for an elector with an anonymous entry (instead of the questions at entry 2) |
(a)— Are you the person entitled to vote as proxy on behalf of the elector whose number on the register of electors is (read out the number)? [R] (b)— Have you already voted [here or elsewhere] as proxy on behalf of the elector whose number on the register of electors is (read out the number)? [R] (c)— Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the person whose number on the register of electors is (read out the number)? [R] |
4 | A person applying as proxy if the question at entry 2(c) or 3(c) is not answered in the affirmative | Have you already voted at this election on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild? [R] |
5 | A person applying as an elector in relation to whom there is an entry in the postal voters list |
(a)— Did you apply to vote by post? (b)— Why have you not voted by post? |
6 | A person applying as proxy who is named in the proxy postal voters list |
(a)— Did you apply to vote by post as proxy? (b)— Why have you not voted by post as proxy? |
(2) In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references in the questions at entries 1(a) and 3(a), (b) and (c) to reading from the register shall be taken as references to reading from the notice issued under section 13B(3B) or (3D) of the 1983 Act.
(3) A ballot paper must not be delivered to any person required to answer any of the above questions unless he has answered each question satisfactorily.
(4) Except as authorised by this rule, no inquiry shall be permitted as to the right of any person to vote.
Challenge of voter
36.
A person must not be prevented from voting by reason only that—
Voting procedure
37.
—(1) A ballot paper must be delivered to a voter who applies for one, and immediately before delivery—
(4) The voter, on receiving the ballot paper, must forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and must then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper so folded up into the ballot box in the presiding officer's presence.
(5) The voter must vote without undue delay, and must leave the polling station as soon as he has put his ballot paper into the ballot box.
Votes marked by presiding officer
38.
—(1) The presiding officer, on the application of a voter—
must, in the presence of the polling agents, cause the voter's vote to be marked on a ballot paper in the manner directed by the voter, and the ballot paper to be placed in the ballot box.
(2) The name and number on the register of electors of every voter whose vote is marked in pursuance of this rule, and the reason why it is so marked, must be entered on a list (in these Rules called "the list of votes marked by the presiding officer").
(3) In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name shall be the elector's number.
(4) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act[28], paragraph (2) applies as if for "on the register of electors of every voter" there were substituted "relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act".
Voting by persons with disabilities
39.
—(1) If a voter makes an application to the presiding officer to be allowed, on the ground of—
the presiding officer must grant the application, and then anything which is by these Rules required to be done to or by that voter in connection with the giving of his vote may be done to, or with the assistance of, the companion.
(3) For the purposes of these Rules—
(8) No fee or other payment shall be charged in respect of the declaration.
Tendered ballot papers - circumstances where available
40.
—(1) If a person, representing himself to be—
(3) Paragraph (4) also applies if—
and claims that he has lost or has not received his postal ballot paper.
(6) The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 41, to mark a ballot paper (in these Rules referred to as a "tendered ballot paper") in the same manner as any other voter.
Tendered ballot papers-general provisions
41.
—(1) A tendered ballot paper must—
Spoilt ballot papers
42.
A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to his satisfaction the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivered (in these Rules referred to as "a spoilt ballot paper"), and the spoilt ballot paper must be immediately cancelled.
Correction of errors on day of poll
43.
The presiding officer must keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of the 1983 Act which takes effect on the day of the poll.
Adjournment of poll in case of riot
44.
—(1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer must adjourn the proceedings till the following day and must forthwith give notice to the returning officer.
(2) Where the poll is adjourned at any polling station—
Procedure on close of poll
45.
—(1) As soon as practicable after the close of the poll, the presiding officer must, in the presence of the polling agents, make up into separate packets, sealed with his own seal and the seals of such polling agents as desire to affix their seals—
Attendance at the count
46.
—(1) The returning officer must make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the close of the poll, and must give to the counting agents notice in writing of the time and place—
(4) The returning officer must give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.
(5) In particular, where the votes are counted by sorting the ballot papers according to the candidate for whom the vote is given and then counting the number of ballot papers for each candidate, the counting agents shall be entitled to satisfy themselves that the ballot papers are correctly sorted.
The first count
47.
—(1) The returning officer must—
(2) The returning officer must not count the votes given on any ballot papers until—
(3) The returning officer shall then—
(4) A postal ballot paper must not be taken to be duly returned unless—
(5) The manner in which any postal ballot paper or postal voting statement may be returned—
(6) The returning officer must not count any tendered ballot paper.
(7) The returning officer, while counting and recording the number of ballot papers and counting the votes, must keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.
(8) The returning officer must verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and must draw up a statement as to the result of the verification, which any election agent may copy.
(9) The returning officer must so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he may exclude the hours between 7 in the evening and 9 on the following morning.
(10) During the time so excluded the returning officer must—
Rejected ballot papers
48.
—(1) Any ballot paper—
shall not for such reason be deemed to be void if—
Decisions on ballot papers
49.
The decision of the returning officer on any question arising in respect of a ballot paper shall be final, but shall be subject to review on an election petition.
Re-count
50.
—(1) A candidate or his election agent may, if present when the counting or any re-count of the votes or, as the case may be, the first preference votes, is completed, require the returning officer to have the votes re-counted or again re-counted but the returning officer may refuse to do so if in his opinion the request is unreasonable.
(2) No step shall be taken on the completion of the counting or any re-count of votes, or as the case may be, the first preference votes, until the candidates and election agents present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.
Procedure at conclusion of first count
51.
—(1) As soon as practicable after the conclusion of the first count (including any re-count), the returning officer must draw up a statement showing—
(d) at an election contested by only two candidates, the number of votes given for each candidate.
(2) As soon as practicable after completion of the statement, the returning officer must—
(3) Where an election is contested by more than two candidates, the returning officer must—
(3) As soon as practicable after completion of the statement, the returning officer must provide such of the election agents for those candidates who remain in the contest as are then present with a copy of the statement, and shall give them a reasonable opportunity to satisfy themselves as to the accuracy of the calculation.
(4) If, after the second preference votes have been counted, the total number of votes given for two or more candidates remaining in the contest is equal, the person to be returned as the elected mayor is the person whom the returning officer decides, in accordance with paragraph 3(8) of Schedule 2 to the 2000 Act, is to be returned as the elected mayor.
(3) In an uncontested election, the returning officer must as soon as practicable after the latest time for the delivery of notices of withdrawals of candidature—
(4) The returning officer must inform the proper officer of the local authority concerned of the result of the election.
Return or forfeiture of candidate's deposit
55.
—(1) Unless forfeited in accordance with paragraph (5), the deposit made under rule 10 of these Rules shall be returned to the person making it or his personal representative.
(2) Subject to paragraph (4), the deposit shall be returned not later than the next day after that on which the result of the election is declared.
(3) For the purposes of paragraph (2)—
Delivery and retention of documents
57.
The returning officer must then forward to the relevant registration officer of the local authority concerned the following documents—
endorsing on each packet a description of its contents, the date of the election to which they relate and the name of the electoral area for which the election was held.
Orders for production of documents
58.
—(1) An order—
(8) The production from proper custody of—
shall be prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry in the register of electors or on a notice issued under section 13B(3B) or (3D) of the 1983 Act at the time of the election contained the same number as the number written as mentioned in sub-paragraph (b) of this paragraph.
(9) Save as by this rule provided, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the relevant registration officer or open any sealed packets of completed corresponding number lists or of certificates as to employment on duty on the day of the poll.
Retention of documents
59.
The relevant registration officer must retain for one year all documents relating to an election forwarded to him in pursuance of these Rules by a returning officer, and then, unless otherwise directed by an order of a county court, the Crown Court, a magistrates' court or an election court, must cause them to be destroyed.
unless the order is made by a court with reference to a prosecution.
(1) Provision |
(2) Modification |
Section 31 (polling districts and stations at local government elections)[31] |
In subsection (1)— (a) after "county councillors" insert "or elected mayors of county councils," and (b) after "district councillors", insert "or elected mayors of London borough or district councils". In subsection (1A), after "county borough councillors", insert "or elected mayors of county or county borough councils,". |
Section 35 (returning officers: local elections in England and Wales)[32] |
In subsection (1)— (a) after "councillors of the county", insert "and elected mayors of the county council"; and (b) after "councillors of the district", insert "and elected mayors of the district council". |
In subsection (1A), in paragraph (a), after "councillors of the county or county borough", insert "and elected mayors of the county or county borough council". |
|
In subsection (3), after "London borough councillors", insert "or the election of an elected mayor of a London borough council". | |
Section 36 (local elections in England and Wales)[33] |
In subsection (3) in paragraph (a), after "such a councillor," insert "or the election of an elected mayor of a district council". |
In subsection (3AB), in paragraph (a), after "such a councillor", insert "or the election of an elected mayor of a Welsh county or county borough council". |
|
In subsection (3AC), in paragraph (a), after "such a councillor", insert "or the election of an elected mayor of the council of a county in England in which there are no district councils". |
|
In subsection (4), after "a London borough)" insert "or the election of an elected mayor of the council of such an area," |
|
In subsection (6), after "Wales", insert "or at an election of an elected mayor of the council of any such area,". |
|
Section 39 (local elections void etc. in England and Wales[34] |
In subsection (2), after "other reason", insert "a mayoral election or". |
In subsection (5), in paragraph (a), after "section 36 above", insert "or, in the case of a mayoral election, regulations under section 44 of that Act,". |
|
In subsection (6), in paragraph (a)— |
|
(a) in sub-paragraph (i), after "section 36)", insert "or under Part 2 of the 2000 Act (and the regulations under section 44)"; and (b) omit ", or, as the case may be, the district council, or Welsh county or county borough council,". |
|
Section 40 (timing as to local elections in England and Wales)[35] |
In subsection (1), after "the 1999 Act", insert "or regulations under section 44 of the 2000 Act". |
In subsection (2), after "the 1999 Act" insert "and (in the case of a mayoral election) regulations under section 44 of the 2000 Act". |
|
In subsection (3)— (a) after "section 36 above", insert "or regulations under section 44 of the 2000 Act"; and (b) after "such rules" (in both places) and "those rules", insert "or regulations (as the case may be)". |
|
Section 46 (further provision as to local election voting)[36] | Omit subsection (1). |
Section 47 (loan of equipment for local elections)[37] |
In subsection (2)— (a) omit paragraph (b); and (b) for "those Acts", substitute "that Act or Part II of the 2000 Act". |
Section 48 (validity of local elections and legal costs) |
In subsection (1), after "section 42 above", insert "or regulations under section 44 of the 2000 Act". |
Section 50 (effect of misdescription) |
In paragraph (c)— (a) after "this Part of this Act", insert "(as applied for the purposes of mayoral elections), and regulations under section 44 of the 2000 Act"; and (b) omit "and the parliamentary elections rules,". |
Section 52 (discharge of registration duties)[38] |
In subsections (1) and (4), after "this Act", insert "(including any such functions in relation to mayoral elections)". |
Section 54 (payment of expenses of registration)[39] |
In subsection (1) after "this Act", at the first place where these words appear, insert "(including any such functions in relation to mayoral elections)". |
Section 61 (other voting offences)[40] |
In subsection (2), in paragraph (a)— (a) in sub-paragraph (ii), after "councillors" insert "or a mayoral election"; and (b) in sub-paragraph (iii), after "ordinary election", insert "or mayoral election". In subsection (3) in paragraph (a) (ii) after "councillors", insert "or at a mayoral election". In subsection (6A)[41], for "rule 40 (1ZC) or (1ZE) of the parliamentary elections rules", substitute "rule 40 (4) or (6) of the Mayoral Elections Rules". |
Section 67 (appointment of election agent)[42] |
In subsection (2)— (a) after "this Act", where it first appears, insert "or, in the case of a mayoral election, such of the provisions of this Act as are applied by regulations under section 44 of the 2000 Act,"; and (b) after "this Act", in the second place, insert "or, in the case of a mayoral election, any applicable provision of this Act,". |
Section 76 (limitation of election expenses)[43] |
For subsection (2), substitute— "(2) That maximum amount is £2,362 together with an additional 5.9p for every entry in the register of electors to be used at the election." |
Section 85 (penalty for "sitting or voting" where no return and declarations transmitted)[44] |
Omit subsection (2). |
Section 85A (disqualification where no return and declarations transmitted after election of Mayor of London)[45] |
In subsection (1)— (a) for "an election of the Mayor of London" substitute "a mayoral election"; and (b) for "Mayor of London", in the second place, substitute "elected mayor". |
Section 87A (duty of appropriate officer to forward returns and declarations to Electoral Commission). |
In subsection (1) after paragraph (b) insert "or, (c) a mayoral election". |
Section 94 (imitation of poll cards)[46] |
In subsection (2)— (a) after "section 36" insert "above, or regulations made under section 44 of the 2000 Act"; and (b) after "the rules", insert "or, as the case may be, the regulations". |
Section 96 (schools and rooms for local election meetings)[47] |
In subsection (1), after "section 36", insert "above, or regulations made under section 44 of the 2000 Act". |
Section 97 (disturbances at election meetings)[48] |
In subsection (2), in paragraph (b), after "section 36", insert "above, or regulations made under section 44 of the 2000 Act". |
Section 99 (officials not to act for candidates) |
In subsection (1), in paragraph (b), after "section 36", insert "above, or regulations made under section 44 of the 2000 Act". |
Section 118A (meaning of candidate)[49] |
In subsection (3), after "local government Act", insert "or at an election for a mayor under the 2000 Act". |
Section 199B (translation of certain documents)[50] |
In subsection (6), insert after paragraph (b)— “(ba) in the case of an election for a mayor under the 2000 Act where there are more than two candidates, must have printed the words " Vote ONCE [X]in Column One for your First Choice, Vote ONCE in Column Two for your Second Choice" both at the top and immediately below the list of candidates;“. |
Section 203 (local government provisions as to England and Wales)[51] |
In subsection (1)— (a) after the definition of "the 1999 Act", insert, “"the 2000 Act" means the Local Government Act 2000;“ (b) in the definition of "local government election", at the end of paragraph (b), insert "or (c) any mayoral election;" and (c) after the definition of "London member", insert— “"mayoral election" means the election of an elected mayor under Part II of the 2000 Act.“. |
In subsection (1A), at the end, insert "or a mayoral election". |
|
In subsection (2), in paragraph (b), after "Authority elections", insert "or mayoral elections". |
(1) Provision |
(2) Modification |
Section 15 (combination of polls at parliamentary, European Parliamentary and local elections) |
In subsection (1), at the end of paragraph (c), insert— “or, (d) a mayoral election and an election of one or more of the descriptions specified in paragraphs (a) to (c),“. |
Omit subsections (5) and (5A)[53]. |
(1) Provision |
(2) Modification |
Schedule 4 (absent voting in Great Britain) |
In paragraph 1, in sub-paragraph (1)— |
(a) in the definition of "the appropriate rules", at the end of paragraph (b), insert "and (c) in the case of a mayoral election, the Mayoral Elections Rules, within the meaning of the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007"; |
|
(b) in the definition of "local government election", at the end insert "and includes a mayoral election"; and |
|
(c) after that definition, insert the following definition— “"mayoral election" means an election under regulations under section 44 of the Local Government Act 2000;“. |
|
In paragraph 2, in sub-paragraph (6A)[55] for "rule 40(1ZC) or (1ZE) of the parliamentary elections rules", substitute "rule 40(4) or (6) of the Mayoral Elections Rules". |
|
In paragraph 7, in sub-paragraph (10)[56] for "rule 40(1ZC) or (1ZE) of the parliamentary elections rules", substitute "rule 40(4) or (6) of the Mayoral Elections Rules". |
(1) Provision |
(2) Modification |
Regulation 3 (interpretation) |
At the end of paragraph (2)(b) insert— “, or (c) the corresponding rule in the regulations made under section 44 of the 2000 Act in the case of a mayoral election.“. At the end of paragraph (4), insert— "(5) A reference in these Regulations to a local government election shall, except in paragraph (2)(b) above, include a mayoral election under Part 2 of the 2000 Act." |
Regulation 50 (interpretation of Part 4) |
At the end of the definition of "Schedule 4" insert "as modified by Schedule 2 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007." |
Regulation 64 (interpretation of Part 5) |
At the appropriate place, insert— "candidates" includes a candidate at a mayoral election under Part 2 of the 2000 Act;“. |
Regulation 65 (combination of polls) |
After paragraph (b) insert— “, or (c) subsection (3), (3AB) or (3AC), as modified by Schedule 2 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007,“. |
(1) Provision |
(2) Modification |
Section 32 (photographs on ballot papers: piloting) |
In subsection (10)— (a) in paragraph (a) in the definition of "local government election" at the end insert "and includes a mayoral election under regulations made under section 44 of the Local Government Act 2000"; (b) for paragraph (b) substitute— "(b) a reference to the area of a local authority means a county, county borough, London borough or district.". |
Section 44 (access to other election documents: supplementary) |
In paragraph (12), at the end insert "subject to modifications made by regulations made under section 44 of the 2000 Act.". |
Section 69 (encouraging electoral participation) |
In paragraph (9) at the end, insert— "(g) mayoral elections under regulations made under section 44 of the 2000 Act.". |
1. | Citation |
2. | Interpretation |
3. | Timetable |
4. | Computation of time |
5. | Notice of election |
6. | Nomination of candidates |
7. | Nomination papers: name of registered political party |
8. | Subscription of nomination paper |
9. | Consent to nomination |
10. | Deposits |
11. | Decisions as to validity of nomination papers |
12. | Publication of statement of persons nominated |
13. | Inspection of nomination papers and consent to nomination |
14. | Correction of minor errors |
15. | Withdrawal of candidature |
16. | Method of election |
17. | Poll to be taken by ballot |
18. | The ballot papers |
19. | The corresponding number list |
20. | The official mark |
21. | Prohibition of disclosure of vote |
22. | Use of schools and public rooms |
23. | Notice of poll |
24. | Postal ballot papers |
25. | Provision of polling stations |
26. | Appointment of presiding officers and polling clerks |
27. | Issue of official poll cards |
28. | Equipment of polling stations |
29. | Appointment of polling and counting agents |
30. | Notification of requirement of secrecy |
31. | Return of postal ballot papers |
32. | Admission to polling station |
33. | Keeping of order in station |
34. | Sealing of ballot boxes |
35. | Questions to be put to voters |
36. | Challenge of voter |
37. | Voting procedure |
38. | Votes marked by presiding officer |
39. | Voting by persons with disabilities |
40. | Tendered ballot papers - circumstances where available |
41. | Tendered ballot papers-general provisions |
42. | Spoilt ballot papers |
43. | Correction of errors on day of poll |
44. | Adjournment of poll in case of riot |
45. | Procedure on close of poll |
46. | Attendance at the count |
47. | The first count |
48. | Rejected ballot papers |
49. | Decisions on ballot papers |
50. | Re-count |
51. | Procedure at conclusion of first count |
52. | The count of second preference votes |
53. | The calculation of total votes and resolution of equality |
54. | Declaration of result |
55. | Return or forfeiture of candidate's deposit |
56. | Sealing up of ballot papers |
57. | Delivery and retention of documents |
58. | Orders for production of documents |
59. | Retention of documents |
60. | Countermand or abandonment of poll on death of a candidate |
(2) In the case of a referendum, a reference to—
(3) Subject to paragraph (4), other expressions used both in these Rules and in the 1983 Act (as it applies to local government elections) have the same meaning in these Rules as they have in that Act.
(4) Where such expressions are used in relation to a mayoral election, they have the meaning as defined in regulation 2 or modified by regulation 3.
Proceedings | Time |
Publication of notice of election | Not later than the twenty-fifth day before the day of election. |
Delivery of nomination papers | Not later than noon on the nineteenth day before the day of election, except that where the poll at the mayoral election is combined with the poll at a European Parliamentary election, nomination papers may be delivered until 4 in the afternoon. |
Publication of statement as to persons nominated | Not later than noon on the seventeenth day before the day of election. |
Delivery of notices of withdrawal of candidature | Not later than noon on the sixteenth day before the day of election. |
Notice of poll | Not later than the sixth day before the day of election. |
Polling | Between the hours of 7 in the morning and 10 at night on the day of election. |
shall be disregarded, and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll nor shall the returning officer be obliged to proceed with the counting of votes on such a day.
(2) In this rule, "bank holiday" means a day which is a bank holiday under the Banking and Financial Dealings Act 1971[63] in England and Wales.
and the notice must state that forms of nomination papers may be obtained at that place and those times.
(2) The notice of election must also state the arrangements which apply for the payment of the deposit required by rule 10 to be made by means of the electronic transfer of funds.
(3) The notice of election must state the date by which—
must reach the returning officer in order that they may be effective for the election.
Nomination of candidates
6.
—(1) Each candidate must be nominated by a separate nomination paper.
(2) A nomination paper must be in the appropriate form in the Appendix or a form to the like effect and shall be delivered at the place fixed for the purpose by the returning officer, which shall be at the offices of the council of the county, county borough, district or London borough in which the electoral area wholly or mainly lies.
(3) A nomination paper must state the candidate's—
and the surname must be placed first in the list of names.
(4) If a candidate commonly uses—
Nomination papers: name of registered political party
7.
—(1) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with a registered political party unless the party is a qualifying party in relation to the electoral area and the description is authorised by a certificate—
(2) In paragraph (1) an authorised description may be either—
(3) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with two or more registered political parties unless the parties are each qualifying parties in relation to the electoral area and the description is a registered description authorised by a certificate—
(4) For the purposes of paragraph (3), a description is a registered description if it is a description registered for use by the parties under section 28B of the Political Parties, Elections and Referendums Act 2000[66].
(5) A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (1) or (3) on behalf of a registered political party's nominating officer.
(6) For the purposes of the application of this rule in relation to an election—
(7) For the purposes of paragraph (6)(a), any day falling within rule 4(1) must be disregarded.
Subscription of nomination paper
8.
—(1) The nomination paper must be subscribed by two electors as proposer and seconder, and by twenty-eight other electors as assenting to the nomination.
(2) Where a nomination paper has the signatures of more than the required number of persons as proposing, seconding or assenting to the nomination of a candidate, the signature or signatures (up to the required number) appearing first on the paper in each category must be taken into account to the exclusion of any others in that category.
(3) The nomination paper must give the electoral number of each person subscribing it.
(4) The returning officer—
(6) But, in this rule, "elector" does not include a person who has an anonymous entry in the register.
Consent to nomination
9.
A person shall not be validly nominated unless his consent to nomination—
Deposits
10.
—(1) A person shall not be validly nominated unless the sum of £500 is deposited by him or on his behalf, with the returning officer at the place and within the time for delivery of nomination papers.
(2) The deposit may be made either—
but the returning officer may refuse to accept a deposit sought to be made by means of a banker's draft if he does not know that the drawer carries on business as a banker in the United Kingdom.
(3) Where the deposit is made on behalf of the candidate, the person making the deposit must at the time he makes it give his name and address to the returning officer (unless they have previously been given to him under section 67 (appointment of election agent) of the 1983 Act).
Decisions as to validity of nomination papers
11.
—(1) Where a nomination paper and the candidate's consent to nomination are delivered in accordance with these Rules, the candidate shall be deemed to stand nominated unless and until—
(5) Where the returning officer decides that a nomination paper is invalid, he must endorse and sign on the paper the fact and the reasons for his decision.
(6) The returning officer must send notice of his decision that a nomination paper is valid or invalid to each candidate at his home address as given in his nomination paper.
(7) The returning officer's decision that a nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.
(8) Subject to paragraph (7), nothing in this rule prevents the validity of a nomination being questioned on an election petition.
Publication of statement of persons nominated
12.
—(1) The returning officer must prepare and publish a statement showing the persons who have been and stand nominated and any other persons who have been nominated, with the reason why they no longer stand nominated.
(2) The statement must show the names, addresses and descriptions of the persons nominated as given in their nomination papers.
(3) If a person's nomination paper gives a commonly used surname or forename in addition to another name, the statement must show the person's commonly used surname or forename (as the case may be) instead of any other name.
(4) Paragraph (3) does not apply if the returning officer thinks—
(5) If paragraph (4) applies, the returning officer must give notice in writing to the candidate of his reasons for refusing to allow the use of a commonly used name.
(6) The statement must show the persons standing nominated arranged alphabetically in the order of their surnames, and if there are two or more of them with the same surname, of their other names.
(7) In the case of a person nominated by more than one nomination paper, the returning officer must take the particulars required by the foregoing provisions of this rule from such one of the papers as the candidate (or the returning officer in default of the candidate) may select.
Inspection of nomination papers and consent to nomination
13.
During ordinary office hours on any day, other than a day specified in rule 4(1), after the latest time for delivery of nomination papers and before the date of the poll, any person may inspect and take copies of, or extracts from, nomination papers and consents to nomination.
Correction of minor errors
14.
—(1) A returning officer may, if he thinks fit, at any time before the publication under rule 12 of the statement of persons nominated, correct minor errors in a nomination paper.
(2) Errors which may be corrected include—
(3) Anything done by a returning officer in pursuance of this rule shall not be questioned in any proceedings other than proceedings on an election petition.
(4) A returning officer must have regard to any guidance issued by the Electoral Commission for the purposes of this rule.
Withdrawal of candidature
15.
—(1) A candidate may withdraw his candidature by notice of withdrawal—
Method of election
16.
If, after any withdrawals under rule 15—
(4) If a candidate who is the subject of a party's authorisation under rule 7(1) so requests, the ballot paper must contain, against the candidate's particulars, the party's registered emblem (or, as the case may be, one of the party's registered emblems).
(5) The candidate's request under paragraph (4) must—
(6) The order of the names in the ballot paper must be the same as in the statement of persons nominated.
The corresponding number list
19.
—(1) The returning officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by him in pursuance of rule 24 or provided by him in pursuance of rule 28.
(2) The list must be in the appropriate form in the Appendix or a form to like effect.
The official mark
20.
—(1) Every ballot paper must contain an appropriate security marking (the official mark).
(2) The official mark must be kept secret, and an interval of not less than five years shall intervene between the use of the same official mark at an election (of whatever description) for the same county, county borough, district or London borough, as the case may be.
(3) The returning officer may use a different official mark for different purposes at the same election.
Prohibition of disclosure of vote
21.
No person who has voted at the election shall, in any legal proceeding to question the election, be required to state for whom he has voted.
Use of schools and public rooms
22.
—(1) The returning officer may use, free of charge, for the purpose of taking the poll or counting the votes—
(2) The use of a room in an unoccupied hereditament for that purpose or those purposes does not render a person liable to any payment by way of council tax or non-domestic rate in respect of that hereditament and any day on which it is so used.
(3) The returning officer must make good any damage done to, and defray any expense incurred by the persons having control over, any such room as is mentioned in paragraph (1) by reason of its being used for the purpose of taking the poll or counting the votes.
Notice of poll
23.
—(1) The returning officer must publish notice of the poll stating—
Postal ballot papers
24.
—(1) The returning officer must, in accordance with regulations made under the 1983 Act[68], issue to those entitled to vote by post a ballot paper and a postal voting statement in the appropriate form in the Appendix, or a form to like effect, together with such envelopes for their return as may be prescribed by such regulations.
(2) The returning officer must also issue to those entitled to vote by post such information as he thinks appropriate about how to obtain—
(3) The postal voting statement must include provision for the form to be signed and for stating the date of birth of the elector or proxy (as the case may be).
(4) In the case of a ballot paper issued to a person at an address in the United Kingdom, the returning officer must ensure that the return of the ballot paper and postal voting statement is free of charge to the voter.
Provision of polling stations
25.
—(1) The returning officer must provide a sufficient number of polling stations and, subject to the following provisions of this rule, must allot the electors to the polling stations in such manner as he thinks most convenient.
(2) One or more polling stations may be provided in the same room.
(3) The polling station allotted to electors from any parliamentary polling district wholly or partly within the electoral area must, in the absence of special circumstances, be in the parliamentary polling place for that district, unless that place is outside the electoral area.
(4) The returning officer must provide each polling station with such number of compartments as may be necessary in which the voters can mark their votes screened from observation.
Appointment of presiding officers and polling clerks
26.
—(1) The returning officer must appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary for the purposes of the election, but he must not appoint any person who has been employed by or on behalf of a candidate in or about the election.
(2) The returning officer may, if he thinks fit, preside at a polling station and the provisions of these Rules relating to a presiding officer shall apply to a returning officer so presiding with the necessary modifications as to things to be done by the returning officer to the presiding officer or by the presiding officer to the returning officer.
(3) A presiding officer may do, by the clerks appointed to assist him, any act (including the asking of questions) which he is required or authorised by these Rules to do at a polling station except order the arrest, exclusion or removal of any person from the polling station.
Issue of official poll cards
27.
—(1) The returning officer must as soon as practicable after the publication of the notice of the election send to electors and their proxies an official poll card.
(2) An elector's official poll card must be sent or delivered to his qualifying address, and a proxy's to his address as shown in the list of proxies.
(3) The official poll card must be in the appropriate form in the Appendix, or a form to the like effect, and must set out—
and different information may be provided in pursuance of sub-paragraph (e) to different electors or descriptions of elector.
(4) In the case of an elector with an anonymous entry, instead of containing the matter mentioned in paragraph (3)(c), the poll card must contain such matter as is specified in the appropriate form in the Appendix.
(5) Paragraph (5) of rule 8 shall apply for the interpretation of this rule.
(6) If the returning officer and the returning officer for each relevant election or referendum think fit, an official poll card issued under this rule may be combined with the official poll card issued at every relevant election or referendum.
Equipment of polling stations
28.
—(1) The returning officer must provide each presiding officer with such number of ballot boxes and ballot papers as in the returning officer's opinion may be necessary.
(2) The same ballot box may be used for the poll at the mayoral election and the poll at every relevant election or referendum, if the returning officer thinks fit.
(3) Every ballot box must be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked or, where the box has no lock, the seal being broken.
(4) The returning officer must provide each polling station with—
(5) The reference in paragraph (4)(b) to the copies of the register of electors includes a reference to copies of any notices issued by section 13B(3B) or (3D) of the 1983 Act[69] in respect of alterations to the register.
(6) The returning officer must also provide each polling station with—
(7) Where notwithstanding paragraph (2) above separate ballot boxes are to be used, each ballot box must be clearly marked with—
(8) A notice in the appropriate form in the Appendix giving directions for the guidance of voters in voting, must be printed in conspicuous characters and exhibited inside and outside every polling station.
(9) The returning officer may also provide copies of the notice mentioned in paragraph (8) in Braille or translated into languages other than English as he considers appropriate, provided that these notices are accurate reproductions in Braille or that other language of that notice.
(10) In every compartment of every polling station there shall be exhibited the notice—
(6) For the purposes of the calculations required by paragraph (5), a counting agent appointed for more than one candidate is a separate agent for each of the candidates for whom he has been appointed.
(7) Notice in writing of the appointment, stating the names and addresses of the persons appointed, must be given by the candidate to the returning officer and must be so given not later than the fifth day (disregarding any day referred to rule 4(1)) before the day of the poll.
(8) Notices of the appointment of polling agents and counting agents which are required by paragraphs (7) and (9) to be given to the returning officer must be given to that returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations[71].
(9) If an agent dies, or becomes incapable of acting, the candidate may appoint another person in his place, and must forthwith give to the returning officer notice in writing of the name and address of that other person.
(10) Any appointment for a candidate authorised by this rule may be made and the notice of appointment given to the returning officer by the candidate's election agent, instead of by the candidate.
(11) In the following provisions of these Rules references to polling agents and counting agents shall be taken as references to agents—
(12) Any notice required to be given to a counting agent by the returning officer may be delivered at, or sent by post to, the address stated in the notice of appointment.
(13) A candidate may himself do any act or thing which any polling or counting agent of his, if appointed, would have been authorised to do, or may assist his agent in doing any such act or thing.
(14) A candidate's election agent may do or assist in doing anything which the candidate's polling or counting agent is authorised to do; and anything required or authorised by these Rules to be done in the presence of the polling or counting agent may be done in the presence of a candidate's election agent instead of his polling agent or counting agent.
(15) Where by these Rules any act or thing is required or authorised to be done in the presence of the polling or counting agent, the non-attendance of any agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
Notification of requirement of secrecy
30.
The returning officer must make such arrangements as he thinks fit to ensure that—
Return of postal ballot papers
31.
—(1) Where—
the returning officer must mark the list in the manner prescribed by regulations made under the 1983 Act[73].
(2) Rule 47(7) does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.
Admission to polling station
32.
—(1) The presiding officer must exclude all persons from the polling station except—
(2) The presiding officer must regulate the total number of voters and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.
(3) Not more than one polling agent shall be admitted at the same time to a polling station on behalf of the same candidate.
(4) A constable or person employed by a returning officer must not be admitted to vote in person elsewhere than at his own polling station allotted to him under these Rules, except on production and surrender of a certificate as to his employment which must be in the appropriate form in the Appendix, or a form to the like effect, and signed by an officer of police of or above the rank of inspector or by the returning officer, as the case may be.
(5) Any certificate surrendered under this rule must forthwith be cancelled.
Keeping of order in station
33.
—(1) It is the presiding officer's duty to keep order at his polling station.
(2) If a person misconducts himself in a polling station, or fails to obey the presiding officer's lawful orders, he may immediately, by the presiding officer's order, be removed from the polling station—
and the person so removed shall not, without the presiding officer's permission, again enter the polling station during the day.
(3) Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.
(4) The powers conferred by this rule must not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
Sealing of ballot boxes
34.
Immediately before the commencement of the poll, the presiding officer must—
in such a manner as to prevent its being opened without breaking the seal;
(d) place the box in his view for the receipt of ballot papers; and
(e) keep the box locked and sealed or, as the case may be, sealed.
Questions to be put to voters
35.
—(1) At the time of the application for a ballot paper (but not afterwards), the questions specified in the second column of the following Table—
Q. No. | Person applying for ballot paper | Question |
1 | A person applying as an elector |
(a)— Are you the person registered in the register of local government electors for this election as follows? read the whole entry from the register [R] (b)—Have you already voted here or elsewhere at this election otherwise than as proxy for some other person? [R] |
2 | A person applying as proxy |
(a)—Are you the person whose name appears as A.B. in the list of proxies for this election as entitled to vote as proxy on behalf of C.D.? [R] (b)—Have you already voted here or elsewhere at this election as proxy on behalf of C.D.? [R] (c)—Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of C.D.? [R] |
3 | A person applying as proxy for an elector with an anonymous entry (instead of the questions at entry 2) |
(a)—Are you the person entitled to vote as proxy on behalf of the elector whose number on the register of electors is (read out the number)? [R] (b)—Have you already voted here or elsewhere as proxy on behalf of the elector whose number on the register of electors is (read out the number)? [R] (c)—Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the person whose number on the register of electors is (read out the number)? [R] |
4 | A person applying as proxy if the question at entry 2(c) or 3(c) is not answered in the affirmative | Have you already voted at this election on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild?. [R] |
5 | A person applying as an elector in relation to whom there is an entry in the postal voters list |
(a)—Did you apply to vote by post? (b)—Why have you not voted by post? |
6 | A person applying as proxy who is named in the proxy postal voters list |
(a)—Did you apply to vote by post as proxy? (b)—Why have you not voted by post as proxy? |
(2) In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references in the questions at entries 1(a) and 3(a), (b) and (c) to reading from the register shall be taken as references to reading from the notice issued under section 13B(3B) or (3D) of the 1983 Act.
(3) A ballot paper must not be delivered to any person required to answer any of the above questions unless he has answered each question satisfactorily.
(4) Except as authorised by this rule, no inquiry shall be permitted as to the right of any person to vote.
Challenge of voter
36.
A person must not be prevented from voting by reason only that—
Voting procedure
37.
—(1) A ballot paper must be delivered to a voter who applies for one, and immediately before delivery—
Votes marked by presiding officer
38.
—(1) The presiding officer, on the application of a voter—
must, in the presence of the polling agents, cause the voter's vote to be marked on a ballot paper in the manner directed by the voter, and the ballot paper to be placed in the ballot box.
(2) The name and number on the register of electors of every voter whose vote is marked in pursuance of this rule, and the reason why it is so marked, must be entered on a list (in these Rules called "the list of votes marked by the presiding officer").
(3) In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name shall be the elector's number.
(4) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act[75], paragraph (2) applies as if for "on the register of electors of every voter" there were substituted "relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act".
(5) The same list may be used for the mayoral election and each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election or referendum, unless the list identifies the election or referendum at which the ballot paper was so marked.
Voting by persons with disabilities
39.
—(1) If a voter makes an application to the presiding officer to be allowed, on the ground of—
the presiding officer must grant the application, and then anything which is by these Rules required to be done to or by that voter in connection with the giving of his vote may be done to, or with the assistance of, the companion.
(3) For the purposes of these Rules—
(9) No fee or other payment shall be charged in respect of the declaration.
Tendered ballot papers - circumstances where available
40.
—(1) If a person, representing himself to be—
(3) Paragraph (4) also applies if—
and claims that he has lost or has not received his postal ballot paper.
(6) The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 41, to mark a ballot paper (in these Rules referred to as a "tendered ballot paper") in the same manner as any other voter.
Tendered ballot papers-general provisions
41.
—(1) A tendered ballot paper must—
Spoilt ballot papers
42.
A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to his satisfaction the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivered (in these Rules referred to as "a spoilt ballot paper"), and the spoilt ballot paper must be immediately cancelled.
Correction of errors on day of poll
43.
—(1) The presiding officer must keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of the 1983 Act which takes effect on the day of the poll.
(2) The same list may be used for each relevant election or referendum and, where it so used, an entry in that list shall be taken to mean that ballot papers were issued in respect of each election or referendum, unless the list identifies the election or referendum for which a ballot paper was issued.
Adjournment of poll in case of riot
44.
—(1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer must adjourn the proceedings till the following day and must forthwith give notice to the returning officer who discharges the functions specified in regulation 5 of the Combinations of Polls Regulations.
(2) Where the poll is adjourned at any polling station—
Procedure on close of poll
45.
—(1) As soon as practicable after the close of the poll, the presiding officer must, in the presence of the polling agents appointed for the purposes of the mayoral election and those appointed for the purposes of each relevant election or referendum, make up into separate packets, sealed with his own seal and the seals of such polling agents as desire to affix their seals—
Attendance at the count
46.
—(1) Where the returning officer at the mayoral election discharges the functions specified in regulation 5 of the Combination of Polls Regulations, he must—
(b) give to the counting agents appointed for the purposes of the mayoral election and those appointed for the purpose of each relevant election or referendum notice in writing of the time and place at which he will begin to discharge the functions under rule 47(1).
(6) The returning officer must give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.
(7) In particular, where the votes are counted by sorting the ballot papers according to the candidate for whom the vote is given and then counting the number of ballot papers for each candidate, the counting agents shall be entitled to satisfy themselves that the ballot papers are correctly sorted.
The first count
47.
—(1) Where the returning officer at the mayoral election discharges the functions specified in regulation 5 of the Combination of Polls Regulations, he must—
(g) at the same time deliver or cause to be delivered to that officer packets that so relate containing—
(5) Paragraph (12) does not apply to proceedings under paragraph (4).
(6) The returning officer must then—
(7) A postal ballot paper must not be taken to be duly returned unless—
(8) The manner in which any postal ballot paper or postal voting statement may be returned—
(9) The appropriate electoral area in respect of any voter shall be—
(10) The returning officer must not count any tendered ballot papers.
(11) While counting and recording the number of ballot papers and counting the votes, the returning officer must keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.
(12) The returning officer must verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and must draw up a statement as to the result of the verification, which any election agent may copy.
(13) The returning officer must so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he may exclude the hours between 7 in the evening and 9 on the following morning.
(14) During the time so excluded the returning officer must—
Rejected ballot papers
48.
—(1) Any ballot paper—
shall not for such reason be deemed to be void if—
Decisions on ballot papers
49.
The decision of the returning officer on any question arising in respect of a ballot paper shall be final, but shall be subject to review on an election petition.
Re-count
50.
—(1) A candidate or his election agent may, if present when the counting or any re-count of the votes, or as the case may be, the first preference votes, is completed, require the returning officer to have the votes re-counted or again re-counted but the returning officer may refuse to do so if in his opinion the request is unreasonable.
(2) No step shall be taken on the completion of the counting or any re-count of votes, or as the case may be, the first preference votes, until the candidates and election agents present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.
Procedure at conclusion of first count
51.
—(1) As soon as practicable after the conclusion of the first count (including any re-count), the returning officer must draw up a statement showing—
(d) at an election contested by only two candidates, the number of votes given for each candidate.
(2) As soon as practicable after completion of the statement, the returning officer shall—
(3) Where an election is contested by more than two candidates, the returning officer shall—
(3) As soon as practicable after completion of the statement, the returning officer shall provide such of the election agents for those candidates who remain in the contest as are then present with a copy of the statement, and must give them a reasonable opportunity to satisfy themselves as to the accuracy of the calculation.
(4) If, after the second preference votes have been counted, the total number of votes given for two or more candidates remaining in the contest is equal, the person to be returned as the elected mayor is the person whom the returning officer decides, in accordance with paragraph 3(8) of Schedule 2 to the 2000 Act, is to be returned as the elected mayor.
(3) In an uncontested election, the returning officer must as soon as practicable after the latest time for the delivery of notices of withdrawals of candidature—
(4) The returning officer must inform the proper officer of the local authority concerned of the result of the election.
Return or forfeiture of candidate's deposit
55.
—(1) Unless forfeited in accordance with paragraph (5), the deposit made under rule 10 of these Rules shall be returned to the person making it or his personal representative.
(2) Subject to paragraph (4), the deposit shall be returned not later than the next day after that on which the result of the election is declared.
(3) For the purposes of paragraph (2)—
(3) Where the returning officer discharges the functions referred to in regulation 5 of the Combinations of Polls Regulations, he must also not open the sealed packets of—
Delivery and retention of documents
57.
—(1) The returning officer must then forward to the relevant registration officer the following documents—
and for these purposes "local authority" does not include the Greater London Authority.
Orders for production of documents
58.
—(1) An order—
(8) The production from proper custody of—
shall be prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry in the register of electors or on a notice issued under section 13B(3B) or (3D) of the 1983 Act at the time of the election contained the same number as the number written as mentioned in sub-paragraph (b) of this paragraph.
(9) Save as by this rule provided, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the relevant registration officer or open any sealed packets of completed corresponding number lists or of certificates as to employment on duty on the day of the poll.
Retention of documents
59.
The relevant registration officer must retain for one year all documents relating to an election forwarded to him in pursuance of these Rules by a returning officer, and then, unless otherwise directed by an order of a county court, the Crown Court, a magistrates' court or an election court, must cause them to be destroyed.
unless the order is made by a court with reference to a prosecution.
2.
For the purposes of regulation 6 and this Schedule, an election address, in relation to a candidate, is a statement prepared by the candidate's election agent which complies with the provisions of paragraphs 3 and 4.
3.
—(1) An election address must contain matter relating to the election only.
(2) In particular, an election address must not contain—
(3) An election address may include representations of the registered emblem, or (as the case may be) one of the registered emblems, of a registered political party if the address is prepared on behalf of an authorised party candidate.
(4) Where an election address is prepared on behalf of an authorised party candidate, the address may contain a description registered under section 28A[80] or, if the description is registered for use by candidates of two or more parties, under section 28B of the Political Parties, Elections and Referendums Act 2000.
(5) In sub-paragraph (3) "authorised party candidate", in relation to a registered political party, means a candidate who has been authorised to use the emblem or description in question by a certificate—
(6) An election address must—
4.
—(1) Subject to any requirements imposed by or under this paragraph, the format of a candidate's election address may be determined by the candidate (and, in particular, may consist of a combination of words, pictures and artwork).
(2) An election address must be printed on not more than two sides of A5 paper, but if such an address is printed on two sides of such paper—
(3) An election address must—
(4) An election address must, when submitted to the returning officer for inclusion in the election booklet, be accompanied—
5.
—(1) For the purposes of this Schedule, the election booklet is a document prepared by the returning officer which contains the election addresses of all candidates who—
to the returning officer before the last time for the delivery of nomination papers for the election.
(2) If—
the returning officer shall decline to include the address in the election booklet.
6.
—(1) The order in which the candidates' election addresses appear in the election booklet shall be determined by lot drawn by the returning officer as soon as reasonably practicable after the last time for the delivery of nomination papers for the election.
(2) The election booklet may include, in addition to candidates' election addresses, a statement by the returning officer—
(3) The election booklet must—
(4) Subject to sub-paragraphs (1) to (3), the form of the election booklet shall be determined by the returning officer.
(5) The election agent of each candidate whose election address has been accepted by the returning officer for inclusion in the booklet shall be given an opportunity to attend at a time and place notified to him by the returning officer in order to check, and submit to the returning officer typographical corrections to, the proof of the candidate's address.
(6) If the election agent of any such candidate fails to avail himself of that opportunity, the returning officer may—
(7) No person other than—
shall incur any civil or criminal liability in respect of the publication of that address in the election booklet or its dissemination in accordance with paragraph 7.
7.
—(1) Copies of the election booklet shall be delivered by the returning officer, in envelopes addressed to individual electors, at such time and by such means as the returning officer may determine.
(2) The returning officer may disseminate the contents of the election booklet by such other means as he may determine.
8.
—(1) Each candidate by whom an election address is submitted to the returning officer for inclusion in the election booklet shall pay to the returning officer such reasonable sum (which shall be the same for each such candidate) as the returning officer may determine by way of contribution towards the expenses incurred by him in respect of the printing of the election booklet.
(2) The payment required by sub-paragraph (1) shall be made at such time, and in such manner, as the returning officer may determine.
(3) A candidate shall be entitled to a full refund of any such payment if, but only if, the candidate has given notice of withdrawal of his candidature before the last time for the withdrawal of candidates.
(4) If the total amount of the payments made by candidates under this paragraph exceeds the total amount of the expenses incurred by the returning officer in respect of the printing of the election booklet, the returning officer shall
9.
—(1) The amount of any payment made by a candidate under paragraph 8 (or, if sub-paragraph (4) of that paragraph applies, the net amount of any such payment after deducting the payment under that sub-paragraph) shall be taken, for the purposes of Part 2 (the Election campaign) of the 1983 Act (as modified for the purposes of mayoral elections by regulation 3(2) and (4) of, and Table 1 of Schedule 2 to, these Regulations), to be an amount of election expenses incurred by the candidate in relation to the election.
(2) Nothing in section 75(1) (restriction on third party election expenditure) of the 1983 Act (as modified as mentioned in sub-paragraph (1)) shall be taken to apply, in relation to any candidate, to any expenses incurred by the returning officer in consequence of the relevant provisions.
[2] Subsections (3A) and (3B) of section 44 were inserted by the Political Parties, Elections and Referendums Act 2000 c.41 Schedule 21, paragraph 18(1), (2).back
[7] S.I. 2001/341, amended by S.I. 2001/1700, 2002/1871, 2004/226, 2006/752 and 2006/2910.back
[8] S.I.2001/1298, amended by S.I2004/226.back
[9] 1985 c.50. Section 27(1) was amended by the European Communities (Amendment) Act 1986 (c.58), section 3(1).back
[10] See the Representation of the People Act 1983 (c.2); section 203(1) was amended by paragraphs 39(1) and (4) of Schedule 3 to the Greater London Authority Act 1999 (c.29).back
[11] For the definition of "Parliamentary election", see the Interpretation Act 1978 (c.30), Schedule 1.back
[12] Section 35(1) was amended, and section 35(1A) inserted, by the Local Government (Wales) Act 1994 (c.19), Schedule 16, paragraph 68(7). Subsections (1), (1A) and (3) of section 35 are modified, for the purposes of mayoral elections, by regulation 3(2) of, and Table 1 in Schedule 2 to, these Regulations. For the definition of "proper officer", relevant to section 35(3), see section 202(1) of the Representation of the People Act 1983, as substituted by the Greater London Authority Act 1999, Schedule 3, and section 270 of the Local Government Act 1972 (c.70).back
[13] For the definition of "elected mayor", see section 39(1) of the Local Government Act 2000. For other provisions of that Act relevant to mayoral elections and voting at such elections, see, in particular, sections 41 to 43.back
[16] Provisions as to the combination of polls at elections, including mayoral elections, are contained in section 36 of the Representation of the People Act 1983 (as applied by Schedule 2 of these Regulations); section 15 of the Representation of the People Act 1985 (as similarly applied); and the Local Authorities (Conduct of Referendums) (England) (Regulations) 2001.back
[17] The definition of "local government Act" is to be found in section 203(1) of the Representation of the People Act 1983.back
[18] As to the persons entitled to vote at mayoral elections, see section 43(1) of the Local Government Act 2000.back
[20] Section 28 of the Political Parties, Elections and Referendums Act 2000 (c.41) was amended by S.I. 2004/366 and by section 48 of the Electoral Administration Act 2006 (c.22).back
[21] Section 28A of the Political Parties, Elections and Referendums Act 2000 (c.41) was inserted by section 49(1) of the Electoral Administration Act 2006 (c.22).back
[22] Section 28B of the Political Parties, Elections and Referendums Act 2000 (c.41) was inserted by section 49(1) of the Electoral Administration Act 2006 (c.22).back
[23] See the Representation of the People (England and Wales) Regulations 2001 S.I. 2001/341 as amended by S.I. 2002/1871, 2006/752 and S.I. 2006/2910.back
[24] Section 13B of the 1983 Act was inserted by paragraph 3 of Schedule 2 to the Representation of the People Act 2000 (c.2) and amended by section 11(3) of the Electoral Administration Act 2006 (c.22). Subsections (3B) and (3D) of section 13B were inserted by section 11(4) of the Electoral Administration Act 2006 (c.22).back
[25] Subsections (1), (2) and (3) of section 66 of the 1983 Act were amended by paragraphs 69, 82, 86(b) and 96 of Schedule 1 to the Electoral Administration Act 2006 (c.22); subsection (6) was amended by paragraph 3 of Schedule 3 to the Representation of the People Act 1985 (c.50).back
[26] See regulation 84A of the Representation of the People (England and Wales) Regulations 2001 S.I. 2001/341 as amended by S.I. 2006/2910.back
[27] Sections 6A to 6F of the Political Parties, Elections and Referendums Act 2000 (c.41) were inserted by section 29 of the Electoral Administration Act 2006 (c.22).back
[28] Section 13B of the 1983 Act was inserted by paragraph 3 of Schedule 2 to the Representation of the People Act 2000 (c.2) and amended by section 11(3) of the Electoral Administration Act 2006 (c.22). Subsections (3B) and (3D) of section 13B were inserted by section 11(4) of the Electoral Administration Act 2006 (c.22).back
[29] See regulations 85 and 85A of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341), which were inserted by S.I. 2006/2910.back
[30] Subsection (1) of section 39 was amended by the Local Government Act 1985 (c.51), Schedule 17, and the Representation of the People Act 1985 (c.50), section 19(2).back
[31] Subsection (1) of section 31 was amended by the Local Government Act 1985 (c.51), Schedule 17, and the Local Government (Wales) Act (c.19), Schedule 16. Subsection (1A) was inserted by the Local Government (Wales) Act 1994, Schedule 16.back
[32] Subsection (1) was amended, and subsection (1A) inserted, by the Local Government (Wales) Act 1994, Schedule 16.back
[33] Section 36(4) was amended by the Local Government Act 1985, Schedule 17, and the Local Government (Wales) Act 1994, Schedule 16. Subsections (3AB) and (3AC) were inserted by the Local Government (Wales) Act 1994 and the Local Government and Rating Act 1997 (c.29), respectively.back
[34] Subsection (1) was amended by the Local Government Act 1985, section 19(2) and Schedule 17. Subsection (2) was amended by the Greater London Authority Act 1999, Schedule 3. Subsection (6) was amended by the Local Government (Wales) Act 1994, Schedule 16 and the Greater London Authority Act 1999, Schedule 3.back
[35] Subsection (1) was amended by the Representation of the People Act 1985 (c.50), sections 16(2) and 19(1) and the Greater London Authority Act 1999, Schedule 3. Subsection (2) was amended by the Greater London Authority Act 1999, Schedule 3.back
[36] Subsection (1) was amended by the Greater London Authority Act 1999, Schedule 3.back
[37] Subsection (1) was amended by S.I. 1991/1728, regulation 4.back
[38] Subsections (1) to (3) were amended, and subsection (4) substituted, by the Representation of the People Act 1985, Schedule 4, paragraph 12. Subsection (4) was amended by the Local Government (Wales) Act 1994, Schedule 16.back
[39] Subsections (1) and (3) were amended by the Representation of the People Act 1985, Schedule 4, paragraph 14.back
[40] Amended by the Representation of the People Act 1985, Schedules 2 and 5 and by the Greater London Authority Act 1999 (c.29), Schedule 3, paragraphs 1 and 10.back
[41] Subsection (6A) and rule 40 (1ZC) and (1ZE) were inserted by the Electoral Administration Act 2006 (c. 22), section 38.back
[42] Subsection (4) was amended by the Representation of the People Act 1985, Schedule 4, paragraph 20. There are other amendments not relevant to these Regulations.back
[43] Amended by the Political Parties and Representation of the People Act 2000, section 132.back
[44] Subsection (1) was amended, and subsection (3) substituted, by the Representation of the People Act 1985, Schedule 4. Subsection (2A) was inserted by the Greater London Authority Act 1999, Schedule 3, paragraph 25.back
[45] Inserted by the Greater London Authority Act 1999, Schedule 3, paragraph 25.back
[46] Amended by the Representation of the People Act 1985, Schedule 4.back
[47] Subsection (1) was amended by the Greater London Authority Act 1999, Schedule 3, paragraphs 1 and 29. Subsection (2) was amended by the Representation of the People Act 1985, Schedule 4. Subsection (4) was amended by the Police and Criminal Evidence Act 1984 (c.60), Schedule 7.back
[48] Subsection (2) was amended by the Representation of the People Act 1985, Schedule 4.back
[49] Section 118A was inserted by the Political Parties, Elections and Referendums Act 2000, section 135(2).back
[50] Section 199B was inserted by the Electoral Administration Act 2006, section 36.back
[51] Amended by the Greater London Authority Act 1999, Schedule 3, paragraphs 1 and 39.back
[53] Subsection (5A) was inserted by paragraph 7(1) of Schedule 7 to the Local Government Act 2003 (c.26.)back
[55] Sub-paragraph (6A) of paragraph 2 was inserted by section 38(6)(a) of the Electoral Administration Act 2006 (c.22).back
[56] Sub-paragraph (10) of paragraph 7 was inserted by section 38(6)(b) of the Electoral Administration Act 2006 (c.22).back
[57] S.I.2001/341, amended by S.I. 2001/1700, 2002/1871, 2004/226, 2006/752 and 2006/2910.back
[59] S.I. 2004/294, amended by S.I. 2006/3278.back
[62] Section 35(1) was amended; and section 35(1A) inserted, by the Local Government (Wales) Act 1994 (c.19), Schedule 16, paragraph 68(7). Subsections (1), (1A) and (3) of section 35 are modified, for the purposes of mayoral elections, by regulation 3(2) of, and Table 1 in Schedule 2 to, these Regulations. For the definition of "proper officer", relevant to section 35(3), see section 202(1) of the Representation of the People Act 1983, as substituted by the Greater London Authority Act 1999, Schedule 3, and section 270 of the Local Government Act 1972 (c.70).back
[64] Section 28 of the Political Parties, Elections and Referendums Act 2000 (c.41) was amended by S.I. 2004/366 and by section 48 of the Electoral Administration Act 2006 (c.22).back
[65] Section 28A of the Political Parties, Elections and Referendums Act 2000 (c.41) was inserted by section 49(1) of the Electoral Administration Act 2006 (c.22).back
[66] Section 28B of the Political Parties, Elections and Referendums Act 2000 (c.41) was inserted by section 49(1) of the Electoral Administration Act 2006 (c.22).back
[67] For the meaning of "parliamentary constituency", see section 1 of the Parliamentary Constituencies Act 1986 (c.56)back
[68] See the Representation of the People (England and Wales) Regulations 2001 S.I. 2001/341 as amended by S.I. 2002/1871, 2006/752 and S.I. 2006/2910.back
[69] Section 13B of the 1983 Act was inserted by paragraph 3 of Schedule 2 to the Representation of the People Act 2000 (c.2) and amended by section 11(3) of the Electoral Administration Act 2006 (c.22). Subsections (3B) and (3D) of section 13B were inserted by section 11(4) of the Electoral Administration Act 2006 (c.22).back
[71] Regulation 5 of the Combination of Polls Regulations has been amended by S.I. 2006/3278.back
[72] Subsections (1), (2) and (3) of section 66 of the 1983 Act were amended by paragraphs 69, 82, 86(b) and 96 of Schedule 1 to the Electoral Administration Act 2006 (c.22); subsection (6) was amended by paragraph 3 of Schedule 3 to the Representation of the People Act 1985 (c.50).back
[73] See regulation 84A of the Representation of the People (England and Wales) Regulations 2001 S.I. 2001/341 as amended by S.I. 2006/2910.back
[74] Sections 6A to 6F of the Political Parties, Elections and Referendums Act 2000 (c.41) were inserted by section 29 of the Electoral Administration Act 2006 (c.22).back
[75] Section 13B of the 1983 Act was inserted by paragraph 3 of Schedule 2 to the Representation of the People Act 2000 (c.2) and amended by section 11(3) of the Electoral Administration Act 2006 (c.22). Subsections (3B) and (3D) of section 13B were inserted by section 11(4) of the Electoral Administration Act 2006 (c.22).back
[77] See regulations 85 and 85A of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341), which were inserted by S.I. 2006/2910.back
[78] Subsection (1) of section 39 was amended by the Local Government Act 1985 (c.51), Schedule 17, and the Representation of the People Act 1985 (c.50), section 19(2).back
[80] Sections 28A and 28B of the Political Parties, Elections and Referendums Act 2000 (c.41) were inserted by section 49 of the Electoral Administration Act 2006 (c.22).back
© Crown copyright 2007