Police Reform and Social Responsibility Act 2011

Section 57

SCHEDULE 9 E+W Supplementary vote system

Modifications etc. (not altering text)

C1 Sch. 9 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(h)

Application E+W

1 E+W This Schedule applies to an election under Chapter 6 of Part 1 of a police and crime commissioner for a police area at which there are three or more candidates.

Commencement Information

I1 Sch. 9 para. 1 in force at 25.4.2012 by S.I. 2012/1129, art. 2(f)

First preference vote and second preference vote E+W

2 E+W In this Schedule—

• “first preference vote” means a vote to the extent that it is given so as to indicate a first preference from among the candidates to be the police and crime commissioner;

• “second preference vote” means a vote to the extent that it is given so as to indicate a second preference from among the candidates to be the police and crime commissioner.

Commencement Information

I2 Sch. 9 para. 2 in force at 25.4.2012 by S.I. 2012/1129, art. 2(f)

Candidate with overall majority of first preference votes E+W

3 E+W If one of the candidates to be the police and crime commissioner receives more than half of all the first preference votes given in the police area, that candidate is to be returned as the police and crime commissioner.

Commencement Information

I3 Sch. 9 para. 3 in force at 25.4.2012 by S.I. 2012/1129, art. 2(f)

No candidate with overall majority of first preference votes E+W

4 (1) If none of the candidates to be the police and crime commissioner receives more than half of all the first preference votes given in the police area, the following provisions of this paragraph apply. E+W

(2) The two candidates who received the greatest number of first preference votes given in the police area remain in the contest.

(3) If, by reason of an equality of first preference votes, three or more candidates are qualified to remain in the contest by virtue of sub-paragraph (2), all of them remain in the contest.

(4) The other candidates are eliminated from the contest.

(5) The number of second preference votes given in the police area for each of the candidates remaining in the contest by votes which did not give a first preference vote to any of those candidates must be ascertained.

(6) That number must be added to the number of first preference votes given for that candidate, to give the total number of preference votes for that candidate.

(7) The person who is to be returned as the police and crime commissioner for the police area is that one of the candidates remaining in the contest who has the greatest total number of preference votes.

(8) If, by reason of an equality of total number of preference votes, two or more candidates remaining in the contest each have the greatest total number of preference votes, the police area returning officer must decide by lots which of them is to be returned as the police and crime commissioner.

Commencement Information

I4 Sch. 9 para. 4 in force at 25.4.2012 by S.I. 2012/1129, art. 2(f)