The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023

Amendment of the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007

3.—(1) The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 are amended as follows.

(2) In Schedule 1 (the mayoral elections rules)—

(a) in rule 6 (nomination of candidates), for paragraph (4) substitute—

“(4) If a candidate—

(a) commonly uses a surname that is different from any other surname the candidate has,

(b) commonly uses a forename that is different from any other forename the candidate has, or

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (3)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (3)(a).”;

(b) in rule 9 (consent to nomination), in paragraph (b)(i), for “and section 34 of the Localism Act 2011” substitute “, section 34 of the Localism Act 2011 and section 30 of the Elections Act 2022”;

(c) in rule 11 (decisions as to validity of nomination papers and home address forms), in paragraph (2)—

(i) omit the “and” after sub-paragraph (a);

(ii) after sub-paragraph (b) insert—

“(c) in the case of a mayoral election held in England, that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.”;

(d) in rule 12 (publication of statement of persons nominated), in paragraph (3)—

(i) for “in addition to another name” substitute “in accordance with rule 6(4)”;

(ii) for “any other name” substitute “the other surname or forename”;

(e) in the Appendix of Forms—

(i) in the list of forms—

(aa) in the entry for form 1, at the end insert “(for use at mayoral elections in Wales)”;

(bb) after the entry for form 1, insert “Form 1A: Nomination paper (for use at mayoral elections in England)”;

(cc) in the entry for form 2, at the end insert “(for use at mayoral elections in Wales)”;

(dd) after the entry for form 2, insert “Form 2A: Candidate’s consent to nomination (for use at mayoral elections in England)”;

(ii) omit the version of form 1 (nomination paper) which applies to mayoral elections in England;

(iii) after form 1 (nomination paper) insert form 1A as set out in Part 1 of Schedule 2 to these Regulations;

(iv) omit the version of form 2 (candidate’s consent to nomination) which applies to mayoral elections in England(1);

(v) after form 2 (candidate’s consent to nomination) insert form 2A as set out in Part 1 of Schedule 2 to these Regulations.

(3) In Schedule 3 (mayoral election (combination of polls) rules)—

(a) in rule 6 (nomination of candidates), for paragraph (4) substitute—

“(4) If a candidate—

(a) commonly uses a surname that is different from any other surname the candidate has,

(b) commonly uses a forename that is different from any other forename the candidate has, or

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (3)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (3)(a).”;

(b) in rule 9 (consent to nomination), in paragraph (b)(i) for “and section 34 of the Localism Act 2011” substitute “, section 34 of the Localism Act 2011 and section 30 of the Elections Act 2022”;

(c) in rule 11 (decisions as to validity of nomination papers and home address forms), in paragraph (2)—

(i) omit the “and” after sub-paragraph (a);

(ii) after sub-paragraph (b) insert—

“(c) in the case of a mayoral election held in England, that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.”;

(d) in rule 12 (publication of statement of persons nominated), in paragraph (3)—

(i) for “in addition to another name” substitute “in accordance with rule 6(4)”;

(ii) for “any other name” substitute “the other surname or forename”;

(e) in the Appendix of Forms—

(i) in the list of forms—

(aa) in the entry for form 1, at the end insert “(for use at mayoral elections in Wales)”;

(bb) after the entry for form 1 insert “Form 1A: Nomination paper (for use at mayoral elections in England)”;

(cc) in the entry for form 2, at the end insert “(for use at mayoral elections in Wales)”;

(dd) after the entry for form 2 insert “Form 2A: Candidate’s consent to nomination (for use at mayoral elections in England)”;

(ii) omit the version of form 1 (nomination paper) which applies to mayoral elections in England;

(iii) after form 1 (nomination paper) insert form 1A as set out in Part 2 of Schedule 2 to these Regulations;

(iv) omit the version of form 2 (candidate’s consent to nomination) which applies to mayoral elections in England(2);

(v) after form 2 (candidate’s consent to nomination) insert form 2A as set out in Part 2 of Schedule 2 to these Regulations.

(1)

Form 2 was substituted, in relation to mayoral elections in England, by S.I. 2019/351 and further substituted, in relation to England, by S.I. 2022/769.

(2)

Form 2 was substituted, in relation to mayoral elections in England, by S.I. 2019/351 and further substituted, in relation to England, by S.I. 2022/769.