The Representation of the People (Combination of Polls) (England and Wales) (Amendment) Regulations 2014

Draft Regulations laid before Parliament under section 201(2) of the Representation of the People Act 1983 and section 105(6) of the Local Government Act 2000 for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2014 No. 0000

Representation Of The People, England And Wales

The Representation of the People (Combination of Polls) (England and Wales) (Amendment) Regulations 2014

Made

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Coming into force in accordance with regulation 1(1)

The Lord President of the Council, in exercise of the powers conferred by section 15(5) of the Representation of the People Act 1985(1), and sections 9HE(1)(a), (2)(d) and (3)(a) and (b), 9MG(2), (3) and (4), 44(1)(a), (2)(d) and (3)(a) and (b) and 105(2)(a) of the Local Government Act 2000(2), makes the following Regulations.

The Lord President of the Council has consulted the Electoral Commission as required by sections 9HE(4) and 44(3A)(3) of the Local Government Act 2000 and section 7(1) and (2)(e) of the Political Parties, Elections and Referendums Act 2000(4).

Having regard to section 27(2) of the Representation of the People Act 1985 and in accordance with section 201(2)(5) of the Representation of the People Act 1983 and section 105(6) of the Local Government Act 2000(6), a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Representation of the People (Combination of Polls) (England and Wales) (Amendment) Regulations 2014 and come into force on 22nd May 2014.

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

(3) In these Regulations “the 2004 Regulations” means the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004(7).

Mayoral election and referendum

2.—(1) The 2004 Regulations are amended as follows.

(2) In regulation 2(1), and paragraph 2 of Schedule 2—

(a) in the definition of “mayoral election” for “the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002” substitute “the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007”(8); and

(b) in the definition of “referendum” for “the Local Authorities (Conduct of Referendums) (England) Regulations 2001” substitute “the Local Authorities (Conduct of Referendums) (England) Regulations 2012”(9).

(3) In regulation 2(2), and paragraph 3(a) of Schedule 2, for “the Local Authorities (Conduct of Referendums) (England) Regulations 2001” substitute “the Local Authorities (Conduct of Referendums) (England) Regulations 2012”.

(4) In regulation 4(10), in the definition of “the listed provisions” in sub-paragraph (b) for “, 44 and 105 or 45 and 105” substitute “or 44 and 105”.

(5) In regulation 5—

(a) in paragraph (1)(d), after “sections” insert “9HE and 105, or”;

(b) in paragraph (1)(e), for “45” substitute “9MG”; and

(c) in paragraph (3)(b), for “44 and 105 or 45 and 105” substitute “9HE and 105, 9MG and 105 or 44 and 105”.

(6) In regulation 8(1)(b), for “44 and 105 or 45 and 105” substitute “9HE and 105, 9MG and 105 or 44 and 105”.

(7) In rule 45(1AC)(b) of the parliamentary elections rules, as substituted by paragraph 22 of Schedule 2, for “44 and 105 or 45 and 105” substitute “9HE and 105, 9MG and 105 or 44 and 105”.

Notice for polling station compartments

3.  For paragraph 9 of Schedule 2 to the 2004 Regulations substitute—

“9.   For paragraph (5) of rule 29 (equipment of polling stations) substitute—

“(5) In every compartment of every polling station there must be exhibited the notice:

“PARLIAMENTARY ELECTION

([Specify colour] ballot paper)

Vote for ONLY ONE CANDIDATE by putting a cross [X] in the box next to your choice.

*EUROPEAN PARLIAMENTARY ELECTION

([Specify colour] ballot paper)

Vote ONLY ONCE by putting a cross [X] in the box next to your choice.

*[Specify name of council] COUNCIL ELECTION

([Specify colour] ballot paper)

*[Vote for NO MORE THAN … CANDIDATES by putting a cross [X] in the box next to EACH of your choices.]

*[Vote ONLY ONCE by putting a cross [X] in the box next to your choice.]

*ELECTION OF THE MAYOR OF LONDON

([Specify colour] ballot paper)

#On the ballot paper for the election of the Mayor, vote ONCE for your first choice and ONCE for your second choice.

*ELECTION OF THE LONDON ASSEMBLY

#On the constituency members ballot paper ([specify colour]) vote for ONE candidate only.

#On the London members ballot paper ([specify colour]) vote for ONE party or individual candidate only.

*[Specify other] ELECTION/REFERENDUM

([Specify colour] ballot paper)

[Specify voting instructions in accordance with the legislation governing the election or referendum]

PUT NO OTHER MARK ON THE BALLOT PAPER OR YOUR VOTE MAY NOT COUNT.

*[PLEASE DO NOT FOLD THE BALLOT PAPERS FOR [specify the election(s) and/or referendum(s) at which the votes are to be counted electronically]. Post them, face downwards, in the [*appropriate] ballot box.]

*Complete or omit as necessary.

#Alternatively, insert such information as the GLRO may decide.”””

Form of directions for the guidance of voters in voting

4.  For paragraph 28 of that Schedule substitute—

“28.   In the Appendix of forms, for the form of directions for the guidance of voters in voting substitute the form of those directions as set out in the Appendix of Forms to this Schedule.”

Form of declaration by companion of a voter with disabilities

5.  For paragraph 29 of that Schedule substitute—

“29.   In the Appendix of forms, for the form of declaration to be made by the companion of a voter with disabilities substitute the form of that declaration in the Appendix of Forms to this Schedule.”

Appendix of Forms

6.  At the end of Schedule 2 to the 2004 Regulations insert the Appendix of Forms in the Schedule.

Revocations

7.  Regulation 4(12) and (13) of the Representation of the People (Combination of Polls) (England and Wales) (Amendment) Regulations 2006(10) are revoked.

Signed by authority of the Lord President of the Council

Minister of State

Cabinet Office

Date

Regulation 6

SCHEDULE APPENDIX OF FORMS

Form of directions for the guidance of the voters in voting

Form of declaration to be made by the companion of a voter with disabilities

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (S.I. 2004/294) (the “2004 Regulations”).

Regulations 3 to 6 amend Schedule 2 to the 2004 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 3 replaces the notice that must be displayed in polling compartments. Regulations 4 to 6 replace the guidance for voters and the form of the declaration to be made by the companion of a voter with disabilities.

Regulation 2 makes various amendments consequential on the enactment of the Localism Act 2011 (c.20), the making of the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024) and the making of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 (S.I. 2012/323).

Regulation 7 revokes redundant provisions in the Representation of the People (Combination of Polls) (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/3278).

For the application of these Regulations to elections of Police and Crime Commissioners, see the Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. xxxx/yyyy).

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

(1)

1985 c.50. The power conferred on the Secretary of State by section 15(5) was made exercisable concurrently by the Lord President of the Council and the Secretary of State by the Lord President of the Council Order 2010 (S.I. 2010/1837).

(2)

2000 c.22. Sections 9HE and 9MG were inserted by section 21 of and paragraph 1 of Schedule 2 to the Localism Act 2011 (c.20). The powers conferred on the Secretary of State were made exercisable concurrently by the Lord President of the Council and the Secretary of State by S.I. 2010/1837 and the Transfer of Functions (Elections and Referendums) Order 2013 (S.I. 2013/2597).

(3)

Section 44(3A) was inserted by the Political Parties, Elections and Referendums Act 2000 (c.41), Schedule 21, paragraph 18(1) and (2).

(4)

2000 c.41.

(5)

Section 201(2) was substituted by section 24 of and paragraph 69 of Schedule 4 to the Representation of the People Act 1985 and amended by section 158 of and paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 and S.I. 1991/222.

(6)

Section 105(6) was amended by section 100 of and paragraphs 11 and 14 of Schedule 3 to the Local Government Act 2003 (c.26) and sections 22 and 237 of , paragraphs 8 and 70 of Schedule 3 to, paragraphs 7 and 52 of Schedule 4 to, and Schedule 25 to the Localism Act 2011.

(7)

S.I. 2004/294, amended by S.I. 2006/3278, 2007/1025, 2012/1917.

(8)

S.I. 2007/1024, amended by S.I. 2010/1172, 2011/926, 2011/1043, 2012/1917, 2012/2059.

(9)

S.I. 2012/323.

(10)

S.I. 2006/3278.