Citation, commencement and extent

1.-(1) These Regulations may be cited as the Representation of the People (Combination of Polls) (England and Wales) (Amendment) Regulations 2015 and come into force on 7th May 2015.

(2) These Regulations extend to England and Wales only.

Amendment to the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004

2.-(1) Paragraph 22 of Schedule 2 to the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004(7) is amended as follows.

(2) For the substituted paragraph (1AB) for rule 45 of the parliamentary elections rules substitute-

"(1AB) The returning officer shall count the votes given on the ballot papers used at the parliamentary election, but shall not count-

(a)the votes given on postal ballot papers until the proceedings under paragraph (1)(c) and (d) above have been completed in relation to those papers and they have been mixed with the ballot papers from at least one ballot box; or

(b)the votes given on ballot papers from a ballot box until the proceedings under paragraph (1)(a), (b) and (d) have been completed in relation to those papers and they have been mixed with the ballot papers from at least one other box."

(3) For the substituted paragraph (1AC)(c) for rule 45 of the parliamentary elections rules substitute-

"(c)count the votes given on the ballot papers, but shall not count-

(i)the votes given on postal ballot papers until they have been mixed with the ballot papers from at least one ballot box; or

(ii)the votes given on ballot papers from a ballot box until they have been mixed with the ballot papers from at least one other ballot box."

3.  After paragraph 24 of Schedule 2 to the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004, insert-

"24A.  In rule 50 (declaration of result), after paragraph (2) insert-

"(3) But the returning officer shall not declare a candidate to be elected under paragraph (1) or (2)-

(a)in a case where the returning officer discharges the functions specified in Regulation 5 of the Combination of Polls Regulations, until after the returning officer has completed proceedings under rule 45(1) (as substituted by Regulation 8 of those Regulations);

(b)in a case where the returning officer does not discharge the functions specified in Regulation 5 of the Combination of Polls Regulations, until after proceedings corresponding to those mentioned in sub-paragraph (a) have been completed by the returning officer who does discharge those functions ("the other returning officer").

(4) The corresponding proceedings referred to in paragraph (3)(b) are proceedings under provision corresponding to rule 45(1) (as substituted by Regulation 8 of the Combination of Polls Regulations) made by or under any enactment in relation to the election or referendum at which the other returning officer has functions.""

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend Schedule 2 to the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 ("the Combination of Polls Regulations"), which sets out modifications to the Parliamentary Elections Rules that have effect when a poll at a parliamentary election is combined with a poll at another election or referendum.

Regulation 2 makes amendments to paragraph 22 of Schedule 2, which modifies rule 45 of the Parliamentary Elections Rules, in relation to the count.

Regulation 2(2) provides that, where a parliamentary election is combined with another election or referendum, the returning officer at the parliamentary election may begin the count of the votes given on parliamentary ballot papers once they have been verified, separated from the ballot papers relating to the other elections and referendums and mixed with the ballot papers from at least one other ballot box or, in the case of postal ballot papers, with the ballot papers from at least one ballot box.

This will enable the count to begin before completion of the proceedings in rule 45(1) of the Parliamentary Elections Rules, as substituted by paragraph 22 of Schedule 2.

Regulation 3 inserts new paragraph 24A into Schedule 2, which modifies rule 50 of the Parliamentary Elections Rules, in relation to declaration of result. It provides that the returning officer must not declare the result of the count until the proceedings in rule 45(1), as substituted by paragraph 22 of Schedule 2, have been completed.

For the application of these Regulations to elections of Police and Crime Commissioners, see the Police and Crime Commissioner Elections Order 2015.

A full regulatory impact assessment has not been produced for this instrument because no impact on the private, voluntary or public sectors is foreseen.