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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002 URL: http://www.bailii.org/uk/legis/num_reg/2002/20020185.html |
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Made | 31st January 2002 | ||
Coming into force | 1st February 2002 |
1. | Citation and commencement |
2. | Interpretation |
3. | Conduct of mayoral elections |
4. | Forms |
5. | Combination of polls |
6. | Questioning of mayoral elections |
7. | Free delivery of election addresses |
8. | Amendment of the Local Elections (Principal Areas) Rules 1986 |
1. | The Mayoral Elections Rules (including the Appendix of Forms) |
2. | Modifications of Acts and Statutory Instrument |
Table 1 - Representation of the People Act 1983 |
Table 2 - Representation of the People Act 1985 |
Table 3 - Representation of the People Act 2000 |
Table 4 - Representation of the People Regulations 1986 |
3. | Combination of polls |
Part I - | Modifications of - |
Parliamentary Elections Rules,
European Parliamentary Election Rules, Local Elections (Principal Areas) Rules 1986, GLA Elections rules, and Referendums Regulations |
Part II - | Modifications of the Mayoral Elections Rules |
4. | Free delivery of election addresses |
Conduct of mayoral elections
3.
- (1) An election for the return of an elected mayor[12] shall be conducted in accordance with the Rules set out in Schedule 1 to these Regulations ("the Mayoral Elections Rules").
(2) The PPER Act, the RP Act 2000, the Representation of the People Act 1985, the 1986 Regulations, the Elections Regulations and, subject to regulations 5 and 6, the 1983 Act, shall have effect -
subject to the modifications set out in Schedule 2 to these Regulations.
Forms
4.
- (1) Subject to paragraph (2), the Appendix (forms) to the Mayoral Elections Rules shall have effect for the purposes of the application of those Rules.
(2) Form 2 of the forms set out in the Appendix shall have effect for the purposes of the application of those Rules in England only.
Combination of polls
5.
- (1) Where the poll at a mayoral election is taken together with the poll at one or more of -
such of the Regulations and Rules listed in paragraph (2) as are applicable to the election or referendum concerned (other than the mayoral election) shall have effect in relation to the mayoral election; but the provisions specified in column (1) of Part I of Schedule 3 to these Regulations shall have effect subject to the modifications set out in column (2) of that Part.
(2) The Regulations and Rules mentioned in paragraph (1) are -
(3) Where -
the Mayoral Elections Rules shall have effect subject to the modifications set out in Part II of Schedule 3, except that the first of those modifications shall apply only where the poll at the mayoral election is taken together with the poll at a parliamentary or European Parliamentary election.
(4) Where polls are combined as mentioned in paragraph (3), the ballot papers to be used at each election or, as the case may be, the election and the referendum, shall be of a different colour.
Questioning of mayoral elections
6.
For the purposes of section 44(4) of the 2000 Act, Part III (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[15].
Free delivery of election addresses
7.
- (1) Each candidate at a mayoral election shall be entitled (subject to and in accordance with the provisions of Schedule 4 to these Regulations) 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 authority for whose electoral area the election is held.
(3) Schedule 4 to these Regulations (which makes provision supplementing paragraph (1) above) shall have effect.
(4) In this regulation -
"returning officer", in relation to a mayoral election, means -
Amendment of the Local Elections (Principal Areas) Rules 1986
8.
The Local Elections (Principal Areas) Rules 1986 are amended, in paragraph 14 of Schedule 4, in the inserted paragraph (1A) of rule 37, by the insertion, after "an election under the Greater London Authority Elections Rules 2000,"[18] of "or the Mayoral Elections Rules".
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Nick Raynsford
Minister of State Department for Transport, Local Government and the Regions
31st January 2002
1. | Citation |
2. | Interpretation |
3. | Timetable |
4. | Computation of time |
5. | Notice of election |
6. | Nomination of candidates and nomination papers |
7. | Subscription of nomination papers |
8. | Consent to nomination |
9. | Deposits |
10. | Decisions as to validity of nomination papers |
11. | Publication of statement of persons nominated |
12. | Inspection of nomination papers and consent to nomination |
13. | Withdrawal of candidates |
14. | Method of election |
15. | Poll to be taken by ballot |
16. | The ballot papers |
17. | The official mark |
18. | Prohibition of disclosure of vote |
19. | Use of schools and public rooms |
20. | Notice of poll, etc. |
21. | Postal ballot papers |
22. | Provision of polling stations |
23. | Appointment of presiding officers and clerks |
24. | Issue of official poll cards |
25. | Equipment of polling stations |
26. | Appointment of polling and counting agents |
27. | Notification of requirement of secrecy |
28. | Admission to polling station |
29. | Keeping of order in station |
30. | Sealing of ballot boxes |
31. | Questions to be put to voters |
32. | Challenge of voter |
33. | Voting procedure |
34. | Votes marked by presiding officer |
35. | Voting by persons with disabilities |
36. | Tendered ballot papers |
37. | Spoilt ballot papers |
38. | Adjournment of poll in case of riot |
39. | Procedure on close of poll |
40. | Attendance at the first count |
41. | The first count |
42. | Rejected ballot papers |
43. | Decisions on ballot papers |
44. | Re-count |
45. | Procedure at conclusion of first count |
46. | The count of second preference votes |
47. | The second calculation and resolution of equality |
48. | Declaration of result |
49. | Return or forfeiture of candidate's deposit |
50. | Sealing up of ballot papers |
51. | Delivery and retention of documents |
52. | Orders for production of documents |
53. | Public inspection and destruction of documents |
54. | Countermand or abandonment of poll on death of candidate |
(2) 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.
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 8 in the morning and 9 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[22] in England and Wales.
and the notice shall state that forms of nomination papers may be obtained at that place and those times.
(2) The notice of election shall state the date by which -
must reach the returning officer in order that they may be effective for the election.
Nomination of candidates and nomination papers
6.
- (1) Each candidate shall be nominated by a separate nomination paper.
(2) A nomination paper shall be in the appropriate form 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 shall state the candidate's -
and the surname shall be placed first in the list of names.
(4) The description, if any, which may not comprise more than six words, must consist of either -
(5) A nomination paper may not include a description of a candidate that is likely to lead voters to associate the candidate with a registered political party unless -
(6) A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (5) on behalf of a registered political party's nominating officer.
(7) In this rule, "registered political party" means a party which was registered under Part II (registration of political parties) of the PPER Act at the time by which the notice of election is required to be published by virtue of rule 1 ("the relevant time"); and a registered political party is a qualifying party in relation to an electoral area if, at the relevant time, it was registered in respect of England or Wales in the Great Britain register maintained under that Part.
Subscription of nomination paper
7.
- (1) The nomination paper shall 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 shall be taken into account to the exclusion of any others in that category.
(3) The nomination paper shall give the electoral number of each person subscribing it.
(4) The returning officer -
but it is not necessary for a nomination or consent to nomination to be on a form supplied by the returning officer.
(5) In this rule, "elector" means a person who, on the last day for publication of notice of the election, is registered in the register of local government electors for the electoral area in question; but if he is then below voting age, only if it appears from the register that he will be of voting age on the day fixed for the poll.
Consent to nomination
8.
A person shall not be validly nominated unless his consent to nomination -
Deposits
9.
- (1) A person shall not be validly nominated as a candidate unless the sum of £500 is deposited by him or on his behalf, with the returning officer at the place and during 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 shall 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
10.
- (1) Where a nomination paper and the candidate's consent to it are delivered in accordance with these Rules, the candidate shall be deemed to stand nominated unless and until -
(2) The returning officer is entitled to hold the nomination paper of a person invalid only on one of the following grounds -
(3) Subject to paragraph (4), as soon as practicable after each nomination paper has been delivered, the returning officer shall examine it and decide whether the candidate has been validly nominated.
(4) If the returning officer is of the opinion that a nomination paper contravenes rule 6(5), he shall give a decision to that effect as soon as practicable after the last time for the delivery of nomination papers.
(5) Where the returning officer decides that a nomination paper is invalid, he shall endorse and sign on the paper the fact and the reasons for his decision.
(6) The returning officer shall, as soon as practicable after making such a decision as is mentioned in paragraph (4) or (5), send notice of it to the 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
11.
- (1) The returning officer shall 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 shall show the names, addresses and descriptions of the persons nominated as given in their nomination papers.
(3) The statement shall 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.
(4) In the case of a person nominated by more than one nomination paper, the returning officer shall 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
12.
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.
Withdrawal of candidature
13.
- (1) A candidate may withdraw his candidature by notice of withdrawal -
(2) Where a candidate is outside the United Kingdom, a notice of withdrawal signed by his election agent and accompanied by a written declaration also so signed of the candidate's absence from the United Kingdom shall be of the same effect as a notice of withdrawal signed by the candidate; but where the candidate stands nominated by more than one nomination paper a notice of withdrawal under this paragraph shall be effective if, and only if, it is accompanied, in addition to that declaration, by a written statement signed by the candidate that the person giving the notice is authorised to do so on the candidate's behalf during his absence from the United Kingdom.
Method of election
14.
If, after any withdrawals under rule 13 -
(4) If a candidate who is the subject of a party's authorisation under rule 6(5) so requests, the ballot paper shall 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 request must -
(6) The names of the candidates shall be 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.
The official mark
17.
- (1) Every ballot paper shall be marked with an official mark, which shall perforate the ballot paper.
(2) The official mark shall 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 official mark used for ballot papers issued for the purpose of voting by post shall not be used at the same election for ballot papers issued for the purpose of voting in person.
Prohibition or disclosure of vote
18.
No person who has voted at the election shall, in any legal proceedings to question the election, be required to state for whom he has voted.
Use of schools and public rooms
19.
- (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 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 shall 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, etc.
20.
- (1) The returning officer shall publish notice of the poll stating -
and paragraph (6) of rule 16 shall apply in relation to the order in which names and particulars appear on the notice of the poll as it applies in relation to ballot papers.
(2) The returning officer shall, not later than the time of the publication of the notice of the poll, also give public notice of -
and he shall as soon as practicable after giving such a notice give a copy of it to each of the election agents.
Postal ballot papers
21.
The returning officer shall, in accordance with regulations made under the 1983 Act, issue to those entitled to vote by post a postal ballot paper and a declaration of identity in the appropriate forms, or forms to the like effect, together with such envelopes for their return (whether free of charge or otherwise) as may be prescribed by such regulations.
Provision of polling stations
22.
- (1) The returning officer shall provide a sufficient number of polling stations and, subject to the following provisions of this rule, shall 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 shall, 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 shall 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 clerks
23.
- (1) The returning officer shall 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 shall 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 this Part relating to a presiding officer shall apply to the 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 this Part 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
24.
- (1) The returning officer shall as soon as practicable send to electors and their proxies an official poll card, but a card need not be sent to any person -
(2) An elector's official poll card shall 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 shall be in the appropriate form, or a form to the like effect, and shall set out -
Equipment of polling stations
25.
- (1) The returning officer shall provide each presiding officer with such number of ballot boxes and such ballot papers as in the returning officer's opinion may be necessary.
(2) Every ballot box shall 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 shall provide each polling station with -
(4) The returning officer shall also provide each polling station with -
(5) The device referred to in paragraph (4)(b) must be capable of being attached firmly to a ballot paper and of being removed from it after use without damage to the paper.
(6) On the right-hand side of the device there shall be tabs of equal size which satisfy the conditions in paragraphs (7) to (10).
(7) The tabs shall be capable of being positioned on the ballot paper so that each one is above one of the spaces, to the right of the particulars of the candidates, on which the vote is to be marked ("the relevant space").
(8) Each tab shall be numbered so that, when the device is positioned over a ballot paper, the number of each tab corresponds to that of the candidate whose particulars are to the left of the relevant space covered by the tab in question.
(9) Each number on the tab shall be in raised form so that it can be clearly identified by touch.
(10) Each tab shall be capable of being lifted so as to reveal the relevant space and so that there is sufficient room to allow a voter to mark a cross on that space.
(11) Notices in the appropriate forms, for the guidance of voters, shall be exhibited -
Appointment of polling and counting agents, etc
26.
- (1) Subject to paragraphs (3) to (5), before the commencement of the poll each candidate may appoint polling agents to attend at polling stations for the purpose of detecting personation; and counting agents to attend at the count.
(2) The same person may be appointed as a polling agent or counting agent by more than one candidate.
(3) Not more than four polling agents, or such greater number as the returning officer may by notice allow, shall be permitted to attend at any particular polling station.
(4) If the number of such agents appointed to attend at a particular polling station exceeds that number, the returning officer shall determine by lot which agents are permitted to attend, and only the agents on whom the lot falls shall be deemed to have been duly appointed.
(5) The returning officer may limit the number of counting agents, but in doing so shall ensure that -
(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, shall be given by the candidate, or as the case may be, the election agent, to the returning officer and shall be so given not later than the fifth day (computed like any period of time in the Timetable in rule 3) before the day of the poll.
(8) If an agent dies, or becomes incapable of acting, the candidate, or as the case may be, the election agent, may appoint another person in his place, and shall forthwith give to the returning officer notice in writing of the name and address of that other person.
(9) The foregoing provisions of this rule shall be without prejudice to the requirements of section 72(1) of the 1983 Act as to the appointment of paid polling agents, and 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.
(10) In the following provisions of this Part references to polling agents and counting agents shall be taken as references to agents -
(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 a polling or counting agent of his 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 agents, 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
27.
The returning officer shall make such arrangements as he thinks fit to ensure that -
Admission to polling station
28.
- (1) The presiding officer shall regulate the number of voters to be admitted to the polling station at the same time, and shall exclude all other persons except -
(2) Not more than one polling agent shall be admitted at the same time to a polling station on behalf of the same candidate.
(3) A constable or person employed by the returning officer shall 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 shall be in the appropriate form, or a form to the like effect, and signed by an officer of the police of or above the rank of inspector or by the returning officer, as the case may be.
(4) Any certificate surrendered under this rule shall forthwith be cancelled.
Keeping of order in station
29.
- (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 shall 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
30.
Immediately before the commencement of the poll, the presiding officer shall -
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
31.
- (1) The presiding officer may, and if required by a candidate or his election or polling agent shall, put to any person applying for a ballot paper at the time of his application, but not afterwards, the following questions or either of them -
(b) in the case of a person applying as proxy -
(2) In the case of a person applying as proxy, the presiding officer may, and if required as mentioned above shall, put the following additional question -
and if that question is not answered in the affirmative the following question -
(3) A ballot paper shall not be delivered to any person required to answer the above questions or any of them unless he has answered the questions or question satisfactorily.
(4) Save as by this rule authorised, no inquiry shall be permitted as to the right of any person to vote.
Challenge of voter
32.
- (1) If at any time a person applies for a ballot paper for the purpose of voting in person, or after he has applied for a ballot paper for that purpose and before he has left the polling station, a candidate or his election or polling agent -
the presiding officer may order a constable to arrest the applicant, and the order of the presiding officer shall be sufficient authority for the constable so to do.
(2) A person against whom a declaration is made under this rule shall not by reason of it be prevented from voting.
(3) A person arrested under the provisions of this rule shall be dealt with as a person taken into custody by a constable for an offence without a warrant.
Voting procedure
33.
- (1) A ballot paper shall be delivered to a voter who applies for one, and immediately before delivery -
(2) The voter, on receiving the ballot paper shall 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 shall then show to the presiding officer the back of the paper, so as to disclose the official mark, and put the ballot paper so folded up into the ballot box in the presiding officer's presence.
(3) The voter shall vote without undue delay, and shall leave the polling station as soon as he has put his ballot paper into the ballot box.
Votes marked by presiding officer
34.
- (1) The presiding officer, on the application of a voter -
shall, 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, shall 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.
Voting by persons with disabilities
35.
- (1) If a voter makes an application to the presiding officer to be allowed, on the ground of -
to vote with the assistance of another person by whom he is accompanied (in these Rules referred to as "the companion"), the presiding officer shall require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or other incapacity, or by his inability to read, as to be unable to vote without assistance.
(2) If the presiding officer -
the presiding officer shall 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 -
(4) Subject to paragraph 95), the name and number in the register of electors of every voter whose vote is given in accordance with this rule, and the name and address of the companion, shall be entered on a list (in these Rules referred to as "the list of voters with disabilities assisted by companions").
(5) 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.
(6) The declaration made by the companion -
(7) No fee or other payment shall be charged in respect of the declaration.
Tendered ballot papers
36.
- (1) If a person, representing himself to be -
applies for a ballot paper after another person has voted in person either as the elector or his proxy, the applicant shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these Rules referred to as "a tendered ballot paper") in the same manner as any other voter.
(2) A tendered ballot paper shall -
(3) The name of the voter and his number on the register of electors shall be entered on a list (in these Rules referred to as the "tendered votes list").
(4) In the case of a person voting as proxy for an elector, the number to be endorsed or entered together with the voter's name shall be the number of that elector.
Spoilt ballot papers
37.
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 on 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 shall be immediately cancelled.
Adjournment of polling case of riot
38.
- (1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer shall adjourn the proceedings till the following day and shall forthwith give notice to the returning officer.
(2) Where the poll is adjourned at any polling station -
Procedure on close of poll
39.
- (1) As soon as practicable after the close of the poll, the presiding officer shall, 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 -
and shall deliver the packets or cause them to be delivered to the returning officer to be taken charge of by him; but if the packets are not delivered by the presiding officer personally to the returning officer, the arrangements for their delivery shall require the returning officer's approval.
(2) The marked copies of the register of electors and of the list of proxies shall be in one packet but shall not be in the same packet as the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll.
(3) The packets shall be accompanied by a ballot paper account showing the number of ballot papers entrusted to the presiding officer, and accounting for them under the heads -
Attendance at the count
40.
- (1) The returning officer shall make arrangements for carrying out, as soon as practicable after the close of the poll, the counting of the votes cast at the election in the presence of the counting agents appointed for the purposes of the election; and he shall give to those agents notice in writing of the time and place -
(2) No person other than -
may be present at the count, unless permitted by the returning officer to attend.
(3) A person not entitled to attend the count shall not be permitted to do so by the returning officer unless -
(4) The returning officer shall 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
41.
- (1) The returning officer shall -
(2) The returning officer shall not count the votes given on any ballot papers until -
(3) The returning officer shall then -
(4) A postal ballot paper shall not be taken to be duly returned unless -
(5) The manner in which any postal ballot paper or declaration of identity may be returned -
(6) The returning officer shall not count any tendered ballot paper.
(7) While counting and recording the number of ballot papers and counting the votes, the returning officer shall keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers.
(8) The returning officer shall 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 shall draw up a statement as to the result of the verification, which any election agent may copy.
(9) The returning officer shall so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he may exclude the hours between 5 in the afternoon and 10 on the following morning.
(10) During the time so excluded the returning officer shall -
Rejected ballot papers
42.
- (1) Any ballot paper -
shall be void and not counted.
(2) A ballot paper on which a vote is marked -
shall not for such reason be void if -
and (in each case) the way the paper is marked does not itself identify the voter and it is not shown that he can be identified by it.
(3) A ballot paper which is not otherwise void and on which not more than one first preference vote is marked (whether or not a second preference vote is marked) shall be valid as respects that vote, and counted accordingly.
(4) The returning officer shall endorse the word "rejected" on any ballot paper which under this rule is not to be counted, and shall add to the endorsement the words "rejection objected to" if any objection to his decision is made by a counting agent.
(5) The returning officer shall draw up a statement showing the number of ballot papers rejected under the several heads of -
Decisions on ballot papers
43.
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
44.
- (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 the 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
45.
- (1) As soon as practicable after the conclusion of the first count (including any re-count), the returning officer shall 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 -
(4) Where -
the person to be returned as the elected mayor is the candidate to whom the majority of the votes is given.
(5) Where -
the returning officer shall decide by lot which of them is to be returned as the elected mayor.
(6) In a case to which paragraph (4) or (5) applies, the declaration of the person to be returned as the elected mayor shall be made in accordance with rule 48.
(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 shall give them a reasonable opportunity to satisfy themselves as to the accuracy of the calculation.
(4) If, after the second calculation, 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 shall as soon as practicable after the latest time for the delivery of notices of withdrawals of candidature -
(4) The returning officer shall inform the proper officer of the local authority concerned of the result of the election.
Return or forfeiture of candidate's deposit
49.
- (1) Unless forfeited in accordance with paragraph (5), the deposit made under rule 9 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) -
(4) If the candidate is not shown as standing nominated in the statement of persons nominated, or if proof of his death has been given to the returning officer before the first calculation under rule 45, the deposit shall be returned as soon as practicable after the publication of the statement or after his death, as the case may be.
(5) Where a poll is taken, if, after the first calculation under rule 45, the candidate is found not to have polled more than one-twentieth of the total number of first preference votes polled by all the candidates, the deposit shall be forfeited to the local authority of the electoral area concerned.
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
52.
- (1) An order -
may be made by a county court, if the court is satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purposes of an election petition.
(2) An order for the opening of a sealed packet of counterfoils and certificates or for the inspection of any counted ballot papers in the custody of the proper officer may be made by an election court.
(3) An order under this rule may be made subject to such conditions as to -
as the court making the order think expedient; but in making and carrying into effect an order for the opening of a packet of counterfoils and certificates or for the inspection of counted ballot papers, care shall be taken that the way in which the vote of any particular elector has been given shall not be disclosed until it has been proved -
(4) An appeal lies to the High Court from any order of a county court under this rule.
(5) Any power given under this rule to a county court may be exercised by any judge of the court otherwise than in open court.
(6) Where an order is made for the production by the proper officer of any document in his possession relating to any specified election -
(7) The production from proper custody of a ballot paper purporting to have been used at any election, and of a counterfoil marked with the same printed number and having a number marked on it in writing, shall be primae facie evidence that the elector whose vote was given by that ballot paper was the person who at the time of the election had affixed to his name in the register of electors the same number as the number written on the counterfoil.
(8) Save as by this rule provided, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the proper officer or open any sealed packets of counterfoils and certificates.
Public inspection and destruction of documents
53.
- (1) The proper officer shall retain for six months amongst the records of the local authority 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 or an election court, shall cause them to be destroyed.
(2) Those documents, except ballot papers, counterfoils and certificates as to employment on duty on the day of the poll, shall be open to public inspection at such time and in such manner as the local authority may determine.
(3) The proper officer shall, on request, supply copies of or extracts from the documents in his possession that are open to public inspection on payment of such fees and subject to such conditions as may be determined by the local authority.
(3) The provisions of these Rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at an election apply to any such documents relating to a poll abandoned by reason of a candidate's death, with the following modifications -
Form 1 | Nomination paper |
Form 2 | Candidate's consent to nomination |
Form 3 | Ballot paper (two candidates) |
Form 4 | Ballot paper (three or more candidates) |
Form 5 | Declaration of identity |
Form 6 | Elector's official poll card |
Form 7 | Proxy's official poll card |
Form 8 | Notice for guidance of voters |
Form 9 | Notices for display in polling booths |
Form 10 | Certificate of employment |
Form 11 | Declaration to be made by the companion of a voter with disabilities |
Candidate's surname | Other names in full | Description (if any) | Home address in full |
Distinctive letter(s) | Number | |
Proposer |
|
|
Seconder |
|
|
We, the undersigned, being local government electors for the Council's area, do hereby assent to the foregoing nomination | ||
Signatures | ||
1 |
|
|
2 |
|
|
3 |
|
|
4 |
|
|
27 |
|
|
28 |
|
|
*Delete whichever is inappropriate | *(a) | I am registered as a local government elector for the election named above in respect of (qualifying address in full) |
|
||
in the (insert name of electoral area) | ||
and my electoral number (see Note below) is ; or |
||
*(b) |
I have during the whole of the 12 months preceding that day or those days occupied as owner or tenant the following land or other premises in that area at (description and address of land or premises) |
|
; or |
||
*(c) |
my principal or only place of work during those 12 months has been in that area at (give address of place of work and, where appropriate, name of employer) |
|
; or |
||
*(d) |
I have during those 12 months resided in that area at (give address in full) |
|
|
(b) no rule shall be printed on the face except the horizontal rule separating the direction mentioned in sub-paragraph (a)(i) from the particulars of the candidates and the horizontal rules separating the particulars of the candidates and the vertical rules separating those particulars from the numbers on the left-hand side and the spaces on the right where the vote is to be marked;
(c) the whole space between the top and the bottom of the paper shall be equally divided between the direction mentioned in sub-paragraph (a)(i) and each candidate by the horizontal rules mentioned in sub-paragraph (b).
3.
The direction mentioned in sub-paragraph (a)(i) shall be printed in large capitals.
4.
The surname of each candidate shall in both cases be printed by itself in large capitals, and his full particulars shall be set out below it and shall be printed in ordinary type except that small capitals shall be used -
5.
Where an emblem is to be printed against a candidate's name -
6.
The number on the back of the ballot paper shall be printed in small characters.
3.
The direction mentioned in paragraph 2(a) shall be printed in large capitals.
4.
The surname of each candidate shall in all cases be printed by itself in large capitals, and his full particulars shall be set out below it and shall be printed in ordinary type except that small capitals shall be used -
5.
Where an emblem is to be printed against a candidate's particulars -
6.
The number on the back of the ballot paper shall be printed in small characters.
Notice B - for use where there are three or more candidates
*Delete whichever is inappropriate | *(a) | as a constable |
*(b) | by me | |
Signature |
||
*Returning officer/police officer (inspector or above). | ||
Date |
*State the relationship of the companion to the voter |
I am the * of the voter and have attained the age of 18 years], and I have not previously assisted any person [except E.F. of ] to vote at this election. |
(Signed) A.B. |
Date |
(1) | (2) |
Provision | Modifications (if any) |
Section 31 (polling districts and stations at local government elections)[26] |
In subsection (1) -
(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)[27] |
In subsection (1) -
(b) after "councillors of the district", insert "and elected mayors of 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". |
Section 36 (local elections in England and Wales)[28] |
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)[29] |
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) -
(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)[30] |
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) -
(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)[31] | Omit subsection (1). |
Section 47 (loan of equipment for local elections)[32] |
In subsection (2) -
(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) -
(b) omit "and the parliamentary elections rules,". |
Section 52 (discharge of registration duties)[33] | 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)[34] |
In subsection (1) -
(b) omit "(except in Northern Ireland)".
Omit subsection (2) and paragraph (b) of subsections (3) and (4). |
Section 61 (other voting offences)[35] |
In subsection (2), in paragraph (a) -
(b) in sub-paragraph (iii), after "ordinary election", insert "or mayoral election". |
Section 67 (appointment of election agent)[36] |
In subsection (2) -
(b) after "this Act", in the second place, insert "or, in the case of a mayoral election, any applicable provision of this Act,". |
Section 75 (no election expenses to be incurred by persons other than candidate, election agent or persons authorised by him)[37] |
Omit subsections (1)(d), (1A), (4) and (7) In subsection (1ZA)[38], for "a candidate at a local government election", substitute "a candidate at a mayoral election". |
Section 76 (limitation of election expenses)[39] |
For subsection (2), substitute - " (2) That maximum amount is £2,000 together with an additional 5p for every entry in the register of electors to be used at the election." |
Section 76A (power to vary provisions about election expenses)[40] | |
Section 85 (penalty for sitting and voting where no return and declarations transmitted)[41] | Omit subsection (2). |
Section 85A (disqualification where no return and declarations transmitted after election of Mayor of London)[42] |
In subsection (1) -
(b) for "Mayor of London", in the second place, substitute "elected mayor". |
Section 90D (modification of sections 90A to 90C in relation to election of London members of the London Assembly)[43] | Omit. |
Section 93 (broadcasting during elections) | In subsection (2), in paragraph (b), after "section 36 above", insert "or regulations made under section 44 of the 2000 Act". |
Section 94 (imitation of poll cards)[44] |
In subsection (2) -
(b) after "the rules", insert "or, as the case may be, the regulations". |
Section 96 (schools and rooms for local election meetings)[45] | In subsection (1), after "section 36", insert "above, or regulations made under section 44 of the 2000 Act". |
Section 97 (disturbances at election meetings)[46] | 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)[47] | In subsection (3), after "local government Act", insert "or at an election for a mayor under the Local Government Act 2000". |
Section 173A (incapacity to hold public or judicial office in Scotland)[48] | |
Section 203 (local government provisions as to England and Wales)[49] |
In subsection (1) -
" "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 (2), in paragraph (b), after "Authority elections", insert "or mayoral elections". |
TABLE 2
THE REPRESENTATION OF THE PEOPLE ACT 1985[50]
(1) | (2) |
Provision | Modification |
Section 15 (combination of polls at parliamentary, European Parliamentary and local elections) |
In subsection (1), at the end of paragraph (c), insert - " or,
Omit subsection (5). |
TABLE 3
THE REPRESENTATION OF THE PEOPLE ACT 2000[51]
(1) | (2) |
Provision | Modification |
Schedule 4 (absent voting in Great Britain) |
In paragraph 1, in sub-paragraph (1) -
(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;". |
TABLE 4
THE REPRESENTATION OF THE PEOPLE REGULATIONS 1986[52]
(1) | (2) |
Provision | Modification |
Regulation 97 (returning officers and polling stations) |
Omit paragraph (1). In paragraphs (2) and (3) -
(b) in sub-paragraphs (a) and (b), after "government election", insert "or, as the case may be, the mayoral election".
In paragraph (5) -
(b) in sub-paragraphs (a) and (b), after "district council election", insert "or, as the case may be, the mayoral election". |
Regulation 98 (functions at combined polls) |
In paragraph (1) -
" (d) at a mayoral election, by the rules in regulations made under section 44 of the Local Government Act 2000 which correspond to the rules specified in paragraph (2) below;"and (b) for "regulation 78 above" substitute "regulation 65 of the Representation of the People (England and Wales) Regulations 2001". |
(1) | (2) |
Provision | Modification |
The Representation of the People Regulations 1986 (S.I. 1986/1081) | |
Regulation 100 (modification of parliamentary elections rules) |
In paragraph (6), in the substituted paragraph (5) of rule 29, in the section headed "COUNCIL ELECTION", the end insert - " *[vote once for your first choice and once for your second choice]." In paragraph (21), in the substituted guidance -
"
*[Except in the mayoral election, mark a cross (X) in the box on the right hand side of each ballot paper opposite the name of the candidate you are voting for.] *[In the mayoral election vote once for your first choice and once for your second choice.]";
"
Vote only *[for the number of candidates] *[as] specified on each ballot paper."; and
"
*Delete as necessary". |
The Local Elections (Principal Areas) Rules 1986 (S.I. 1986/2214) | |
In Schedule 4 (modifications to the Rules in Schedule 2 to apply where the poll at an election of councillors of a principal area is taken together with the poll at another election under section 15(1) or (2) of the Representation of the People Act 1985) |
In paragraph 6, in the substituted paragraph (5) of rule 23, in the section headed "*[Specify name of council] COUNCIL ELECTION", at the end insert - " *[vote once for your first choice and once for your second choice.]". In paragraph 14[53], in the substituted paragraph (1A) of rule 37, after "(No. 2) Rules 2000", insert "a mayoral election,". In paragraph 21, in the form set out in sub-paragraph (2) -
"
*[At the mayoral election, vote once for your first choice and once for your second choice.]"; and
(b) in paragraph 3, after "you are voting for.", insert "*[At the mayoral election vote once for your first choice and once for your second choice.]"; and |
The Local Elections (Parishes and Communities) Rules 1986 (S.I. 1986/2215) | |
In Schedule 4 (modifications to the Rules in Schedule 2 to apply where the poll at an election of parish or community councillors is taken together with the poll at another election under section 15(2) of the Representation of the People Act 1985) |
In paragraph 5, in the substituted paragraph (5) of rule 23, in the section headed "*[Specify name of council] COUNCIL ELECTION", at the end insert - " *[vote once for your first choice and once for your second choice.]". In paragraph 20, in the form set out in sub-paragraph (2) -
"
*[At the mayoral election, vote once for your first choice and once for your second choice.]"; and
(b) in paragraph 3, after "you are voting for.", insert "*[At the mayoral election vote once for your first choice and once for your second choice.]"; and |
The European Parliamentary Elections Regulations 1999 (S.I. 1999/1214) | |
In Part I (England and Wales) of Schedule 2 (application with modifications of provisions of subordinate legislation) | Omit the entry for Form H in Schedule 2 to the Representation of the People Regulations 1986. |
Schedule 3 (modification of European Parliamentary Elections Rules for combined polls) |
In paragraph 6, in the substituted paragraph (5) of rule 29, in the section headed "COUNCIL ELECTION", at the end insert - " *[vote once for your first choice and once for your second choice.]" In paragraph 22, in the substituted guidance -
"
At the *[parliamentary election] *[local government election] *[mayoral election] mark a cross (X) in the box on the right hand side of each ballot paper opposite the name of the candidate you are voting for. *[At the mayoral election vote once for your second choice.]";
(c) after paragraph 5, add -
"
*Delete as necessary".
(ii) after the second sentence, insert "*[At the mayoral election, vote once for your first choice and once for your second choice.]";
(b) in paragraph 3 -
(ii) after "you are voting for.", insert "*[At the mayoral election vote once for your first choice and once for your second choice.]"". |
The Greater London Authority Elections (No. 2) Rules 2000 (S.I. 2000/427) | |
Rule 4 (forms) |
Number the existing rule as "(1)", and add the following paragraph - " (2) Where the poll at a GLA election is taken together with the poll at an election under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002, Forms 8 and 9 in Schedule 5 may be adapted as the circumstances require.". |
Rule 8 (combination of polls) | In paragraph (2), after "London borough", insert "or at an election under the Local Authorities (Mayoral Elections) (England and Wales) (Regulations 2002,". |
In Schedule 8 (modifications to apply where the poll at GLA election is taken together with the poll at another election under section 15(1) or (2) of the Representation of the People Act 1985) |
After paragraph 1, insert the following paragraph - " 2. For the purposes of rule 8(2) of the Greater London Authority Elections (No. 2) Rules 2000, references to a London borough election in the modifications set out in column (2) of the Table below shall be treated as including references to an election under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002; and the provisions so modified shall have effect accordingly.". |
The Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) | |
Regulation 66 (form of declaration of identity), in so far as it applies to Form H, and, in Schedule 3, Form H. |
In Form H -
"
*[At the mayoral election, vote once for your first choice and once for your second choice.]";
|
The Local Authorities (Conduct of Referendums) (England) Regulations 2001 (S.I. 2001/1298) | |
Regulation 14 (combination of polls: general) |
In paragraph (2), after sub-paragraph (h), insert -
|
Regulation 15 (combination of referendum and election polls: supplementary provisions relating to referendums) | In paragraph (4), after "Principal Areas Rules", insert "or, as the case may be, the Mayoral Elections Rules,". |
Regulation 16 (combination of referendum and election polls: supplementary provisions relating to elections) | In paragraph (6), at the end, add "; or, where the poll at the referendum is combined with the poll at an election of an elected mayor, as further modified by the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002." |
Part V (combined polls at referendums: modifications of the Rules in Schedule 2 to the Principal Areas Rules, as modified by Schedule 4 to those Rules) of Schedule 5 |
In the entry in column (2) relevant to the entry in column (1) for the form of declaration of identity for use where postal ballots are taken together, in paragraph (a)(i) of the modifications relevant to the back of the form, after "once only.", insert - " *[At the mayoral election, vote once for your first choice and once for your second choice.]". In the entry in column (2) in which is substituted the form of directions for the guidance of the voters in voting -
(ii) for "election.", substitute "election.]"; and (iii) at the end, add -
"
*[At the mayoral election, vote once for your first choice and once for your second choice.]"; and
"
*To be completed or deleted by the returning officer as the circumstances require.". |
(1) | (2) |
Rule | Modification (see also regulation 5(3) and (4)) |
3 (timetable) | For "8 in the morning and 9" substitute "7 in the morning and 10". |
19 (notice of poll) |
Add at the end - " (4) The notice published under paragraph (3) shall -
(b) specify the constituency, electoral division, ward or voting area, as the case may be, for which the other election or referendum is held; and (c) where the polls are to be taken together in part of a constituency, division, ward or voting area only, specify that part." |
23 (issue of official poll cards) |
Add at the end - " (5) An official poll card issued under this rule may be combined with the official poll card issued at the other election, or, as the case may be, the referendum." |
24 (equipment of polling stations) |
For paragraph (5) substitute - " (5) In every compartment of every polling station there shall be exhibited notices in the appropriate forms, which shall be printed on paper of the same colour as that of the ballot papers for use at the election or referendum to which the notice in question relates." |
25 (appointment of polling and counting agents) |
At the end of paragraph (6) add - " Notices of the appointment of polling agents which are required by this paragraph and paragraphs (7) and (8) to be given to the returning officer shall be given to the returning officer who discharges the functions specified in regulation 98 of the Representation of the People Regulations 1986"[54] |
32 (voting procedure) |
At the end add - " (4) The same copy of the register of electors may be used under paragraph (1) for each election or, as the case may be, the mayoral election and the referendum, and one mark may be placed in that register under paragraph (1)(d) to denote that a ballot paper has been received in respect of both the mayoral election and, as the case may be, the other election or the referendum; except that, where a ballot paper has been issued in respect of the mayoral election or, as the case may be, the other election or the referendum." |
33 (votes marked by presiding officer) |
At the end of paragraph (2) add - " The same list may be used for both polls 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 poll, unless the list identifies the poll at which the ballot paper was so marked." |
34 (voting by persons with disabilities) |
At the end of paragraph (4) add - " The same list may be used for both polls and, where it is so used, an entry in that list shall be taken to mean that the votes were so given in respect of each poll, unless the list identifies the poll at which the vote was so given." |
35 (tendered ballot papers) |
At the end of paragraph (3) add - " The same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each election, unless the list identifies the election at which a tendered ballot paper was marked." |
37 (adjournment of poll in case of riot) |
At the end of paragraph (1) insert - " who discharges the functions specified in regulation 98 of the Representation of the People Regulations 1986" |
38 (procedure on close of poll) |
After paragraph (1) insert - " (1A) The contents of the packets referred to in sub-paragraphs (b), (c) and (e) of paragraph (1) shall not be combined with the contents of the packets made under the corresponding rule that applies at a parliamentary, European Parliamentary, county, county borough, district, London borough or GLA election, or at a referendum, as the case may be; nor shall the statement prepared under paragraph (3) be so combined." |
39 (attendance at the first count) |
For paragraph (1) substitute - " (1) Where the returning officer discharges the functions specified in regulation 98 of the Representation of the People Regulations 1986, he shall make arrangements for discharging the functions referred to in rule 40 (as modified in accordance with Part II of Schedule 3 to the Mayoral Elections (England and Wales) Regulations 2002 in the presence of the counting agents appointed for the purposes of the mayoral election as soon as practicable after the close of the poll and for thereafter counting the votes at that election in the presence of those agents; and he shall give to those counting agents notice in writing of the time and place at which he will begin to discharge the functions under that rule (as so modified). (1A) Where the returning officer does not discharge the functions first mentioned in paragraph 91), he shall make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the delivery of the ballot papers to him by the person who does discharge those functions; and he shall give to those counting agents notice in writing of the time and place at which he will begin to count the votes.". In paragraph (2), before at the counting of the votes insert at the proceedings under rule 39(1) or. In paragraph (3) -
(b) before "the efficient" insert "the efficient separation and verification of the ballot papers or, as the case may be,". |
41 (the first count) |
For paragraphs (1) and (2) substitute - " (1) Where the returning officer at the mayoral election discharges the functions specified in regulation 98 of the Representation of the People Regulations 1986, he shall -
(b) in the presence of the election agents appointed for the purposes of the mayoral election verify each ballot paper account; (c) count such of the postal ballot papers as have been duly returned and record separately the number counted at each election; (d) separate the ballot papers relating to the mayoral election from the ballot papers relating to the parliamentary election, the European Parliamentary election or, as the case may be, the London borough election; (e) make up into packets the ballot papers for each election other than the mayoral election and seal them up in separate contains endorsing on each a description of the area to which the ballot papers relate; (f) deliver or cause to be delivered to the returning officer for the election to which the ballot papers relate -
(ii) the ballot paper accounts together with a copy of the statement as to the result of their verification in respect of that election; and
(g) at the same time deliver to that officer packets that so relate containing -
(ii) the tendered ballot papers, and (iii) the counterfoils of the used ballot papers and the certificate as to employment on duty on the day of the poll.
(2) After completion of the proceedings under paragraph (1), the returning officer shall mix together all of the ballot papers used at the mayoral election and count the votes given on them.
(b) where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at another election under regulation 65 of the Representation of the People (England and Wales) Regulations 2001, count such of the postal ballot papers as have been duly returned and record the number counted; and (c) mix together the postal ballot papers and the ballot papers from all of the containers and count the votes given on them.
(2B) Paragraph (6) does not apply to proceedings under paragraph (1) or (2).". |
50 (delivery and retention of documents) |
Add at the end of paragraph (1) - " At an election where the returning officer does not discharge the functions referred to in regulation 98 of the Representation of the People Regulations 1986, this paragraph shall have effect as if sub-paragraphs (c) and (e) were omitted." |
53 (countermand or abandonment of poll on death of candidate) |
At the end of paragraph (1) add - " Provided that neither the countermand of the poll at the mayoral election nor the direction that the poll be abandoned shall affect the poll at the parliamentary, European Parliamentary, local authority or GLA election or, as the case may be, the referendum.". For paragraph (2) substitute - " (2) Where the poll at the mayoral election is abandoned by reason of a candidate's death, no further ballot papers shall be delivered in any polling station and, at the close of the poll for the parliamentary, European Parliamentary, local authority or GLA election or, as the case may be, the referendum, the presiding officer shall take the like steps for the delivery to the returning officer of ballot boxes and of papers and other documents as he would be required to do if the poll at the mayoral election had not been abandoned, and the returning officer shall dispose of ballot papers used at the election (at which a candidate has died) as he is required to do on the completion in due course of the counting of the votes, but -
(b) the returning officer, having separated the ballot papers relating to the parliamentary, European Parliamentary, local authority or GLA election or, as the case may be, the referendum, shall take no step or further step for the counting of the ballot papers used at the mayoral election (at which a candidate has died) or of the votes and shall seal up all of those ballot papers, whether the votes on them have been counted or not, and it shall not be necessary to seal up counted and rejected ballot papers in separate packets." |
2.
For the purposes of regulation 7 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) 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 in question by a certificate -
(5) 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 by such date as he may determine.
(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 date determined in accordance with paragraph 5(1)(b).
(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 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 II (the election campaign), of the 1983 Act (as modified for the purposes of mayoral elections by regulation 3(2) 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 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.
Part II of Schedule 3 sets out modifications to the Mayoral Elections Rules (the Rules in Schedule 1 to the Regulations).
The modifications have effect -
As indicated in regulation 5, the first modification in Part II of Schedule 3 (which relates to the hours of polling) applies only where the poll at the mayoral election is taken together with the poll at a parliamentary or European Parliamentary election.
Regulation 6 provides for mayoral elections to be questioned using the same procedures (in Part III of the Representation of the People Act 1983) that apply to the questioning of local authority elections.
Regulation 7 and Schedule 4 provide for the free delivery of election addresses. The provisions are generally comparable to those that apply at Greater London Authority elections. Candidates at mayoral elections who wish to have their election addresses included in the election booklet prepared and distributed by the returning officer are required to pay a contribution of such reasonable amount as the returning officer may determine towards the expenses incurred by the returning officer in printing the election booklet.
Regulation 8 makes a consequential amendment to the Local Elections (Principal Areas) Rules 1986.
It is intended that provisions relating to the combination of polls at a mayoral election and an election of members of the National Assembly for Wales should be contained in a future statutory instrument.
[2] Subsections (3A) and (3B) were inserted by the Political Parties, Elections and Referendums Act 2000, Schedule 21, paragraph 18.back
[6] S.I. 1986/1081; amended by S.I. 1990/520, 1991/1198 and 1728, 1992/722, 1994/342, 1995/1948 and 2001/341.back
[9] S.I. 2000/427, amended by S.I. 2000/1040.back
[10] S.I. 2001/1298, to which there are amendments not relevant to these Regulations.back
[12] 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
[13] S.I. 1986/2214; amended by S.I. 1987/261, 1990/158, 1995/1948, 1998/578 and 2001/81.back
[14] S.I. 1986/2215; amended by S.I. 1987/260, 1990/157, 1995/1804, 1995/1948, 1998/585 and 2001/80.back
[15] The definition of "local government Act" is to be found in section 203(1) of the Representation of the People Act 1983.back
[16] As to the persons entitled to vote at mayoral elections, see section 43(1) of the Local Government Act 2000.back
[17] 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
[18] These words were inserted by S.I. 2000/427, rule 7.back
[19] 1983 c.2. Relevant amendments are made by the Greater London Authority Act 1999 (c.29), Schedule 3, paragraph 3.back
[21] 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
[23] Section 66(6) was amended by paragraph 3 of Schedule 3 to the Representation of the People Act 1985 (c.50).back
[24] 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). See also the definition of "local government area" in subsection (1) of section 203 of the Representation of the People Act 1983 (c.2), amended by the Greater London Authority Act 1999, Schedule 3, paragraph 39(4), and subsection (2) of that section, as substituted by paragraph 39(6) of that Schedule.back
[25] Section 80 was amended by the Local Government Finance Act 1982 (c.32), Schedule 5, paragraph 5(1) and Schedule 6, Part IV, by the Representation of the People Act 1983 (c.2), Schedule 8, paragraph 12, the Transport Act 1985 (c.67), Schedule 8, the Education Reform Act 1988 (c.40), Schedule 13, Part I, the Local Government and Housing Act 1989 (c.42), Schedule 11, paragraph 21, the Environment Act 1995 (c.25), Schedule 10, paragraph 10, the Local Government Act 2000, Schedule 3, paragraph 8, and S.I. 2001/2237. Section 81 was amended by the Insolvency Act 1985 (c.65), Schedule 8, paragraph 22, the Local Government Act 1985 (c.50) Schedule 17, the Education Reform Act 1988, Schedule 13, Part II.back
[26] Subsection (1) of section 31 was amended by the Local Government Act 1985 (c.51), Schedule 17, and the Local Government (Wales) Act 1994 (c.19), Schedule 16. Subsection (1A) was inserted by the Local Government (Wales) Act 1994, Schedule 16. Subsection (1B) was added by the Greater London Authority Act 1999 (c.29), Schedule 3.back
[27] Subsection (1) was amended, and subsection (1A) inserted, by the Local Government (Wales) Act 1994.back
[28] 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
[29] 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.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
[30] 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
[31] Subsection (1) was amended by the Greater London Authority Act 1999, Schedule 3.back
[32] Subsection (1) was amended by S.I. 1991/1728, regulation 4.back
[33] 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
[34] Subsections (1) and (3) were amended by the Representation of the People Act 1985, Schedule 4, paragraph 14.back
[35] 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
[36] 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
[37] Amended by the Greater London Authority Act 1999, Schedule 3, paragraph 19, and the Political Parties and Representation of the People Act 2000, section 131.back
[38] Subsection (1ZA) was inserted by the Political Parties and Representation of the People Act 2000, section 131(3).back
[39] Amended by the Political Parties and Representation of the People Act 2000, section 132.back
[40] Substituted by the Political Parties and Representation of the People Act 2000, section 133.back
[41] 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
[42] Inserted by the Greater London Authority Act 1999, Schedule 3, paragraph 26.back
[43] Sections 90A to 90D were inserted by the Political Parties and Representation of the People Act 2000, section 134.back
[44] Amended by the Representation of the People Act 1985, Schedule 4.back
[45] 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
[46] Subsection (2) was amended by the Representation of the People Act 1985, Schedule 4.back
[47] Section 118A was inserted by the Political Parties and Representation of the People Act 2000, section 135(2).back
[48] Section 173A (with section 173) was substituted by the Political Parties and Representation of the People Act 2000, section 136.back
[49] Amended by the Greater London Authority Act 1999, Schedule 3, paragraphs 1 and 39.back
[53] Paragraph 14 was amended by S.I. 2000/427.back