C4C13C14C16C15C17C18C19C20 Part I Parliamentary and Local Government Franchise and its Exercise

Annotations:
Modifications etc. (not altering text)

Supplemental provisions as to local government elections

C946 Further provision as to local election voting F8in England.

1

At a local government election for any electoral area no person shall as an elector and no person shall as proxy for any one elector—

a

give more than one vote for any one candidate; or

b

give more votes in all than the total number of councillors to be elected for the electoral area F6in England.

F1but this subsection does not apply in relation to Authority elections (where the votes allowed to be given are as specified in the applicable provisions of section 4, 10 or 16 of the 1999 Act).

2

No person is subject to any incapacity to vote at a local government election F7 in England by reason of his being or acting as returning officer at that election.

46AF9Further provision as to local election voting in Wales

1

Subsection (2) applies to a local government election for an electoral area in Wales where a simple majority system applies.

2

An elector or person acting as proxy for an elector—

a

may not give more than one vote for any one candidate;

b

may not give more votes in all than the total number of councillors to be elected for the electoral ward.

3

Subsection (4) applies to an election for an electoral ward of a county council or county borough council in Wales where a single transferable vote system applies.

4

An elector or a person acting as proxy for an elector may not give more than one vote (whether as first preference or any subsequent preference) for any one candidate.

5

No person is subject to an incapacity to vote at a local government election in Wales by reason of the fact that the person is, or is acting as, the returning officer at that election.

C1C10C2C5C6C7C8C1247 Loan of equipment for local elections.

C31

Any ballot boxes, fittings and compartments provided for parliamentary elections out of moneys provided by Parliament, may, on request, be lent to the returning officer at a local government election on such terms and conditions as F2the Electoral Commission may determine.

2

Any ballot boxes, fittings and compartments provided by or belonging to—

a

a local authority within the meaning of the M1Local Government Act 1972, or

b

a local authority within the meaning of the M2Local Government (Scotland) Act 1973.

as the case may be, shall, on request, and if not required for immediate use by that authority, be lent to the returning officer at an election held under those Acts F3 . . . on such terms and conditions as may be agreed.

C1148 Validity of local elections, and legal costs.

1

No local government election shall be declared invalid by reason of any act or omission of the returning officer or any other person in breach of his official duty in connection with the election or otherwise of rules under section 36 F5, section 36A or section 42 above if it appears to the tribunal having cognizance of the question that—

a

the election was so conducted as to be substantially in accordance with the law as to elections; and

b

the act or omission did not affect its result.

2

A local government election, unless questioned by an election petition within the period fixed by law for those proceedings, shall be deemed to have been to all intents a good and valid election.

3

The council which is required to pay the expenses properly incurred by a returning officer in relation to any local government election may treat those expenses as including all costs properly incurred by the returning officer in connection with or in contemplation of any legal proceedings arising out of the election (including any criminal proceedings against the returning officer), whether or not the proceedings are in fact instituted.

F43A

In the application of subsection (3) above in relation to an Authority election, the Greater London Authority shall be treated as the council which is required to pay the expenses properly incurred by the returning officer.

4

In Scotland the election of a member of a local authority shall not be affected by reason only of any nullity or irregularity in the election of any other member of the authority.