The Parish and Community Meetings (Polls) Rules 1987

Application of provisions in the Act of 1983

6.  In the application of those provisions of the Representation of the People Act 1983 referred to in section 187(1) of that Act(1) to the election of the chairman of a parish meeting or to a poll consequent on a parish or community meeting the following adaptations, alterations and exceptions shall have effect–

(a) where the poll is to be taken on any question other than that of the election of the chairman of a parish meeting or of an appointment to any other office, the only provisions of those referred to in section 187(1) which are to apply are sections 60, 66(2), 113, 114, 115, 119(3), 160(4) and (5), 168(4), 169(5), 173(6), 174(5) and (6), 176(7), 177, 179, 180, 181(8), 186 and 189;

(b) references to the proper officer of the authority for which the election was held shall be taken as references to the returning officer;

(c) references to the authority for which the election was held shall be taken as references to the parish and references to the area thereof shall be construed accordingly except that in section 130(6) for the words “area of the authority for which the election was held” there shall be substituted “district in which the parish is situate”;

(d) in sections 60(2) and 99(1), for the words “local government election” there shall be substituted “election under the local government Act”;

(e) in section 66, subsection (4) and any reference to an election agent or the proxy for an elector shall be omitted and in subsections (2)(b), (3)(b), (c) and (d) and (5) after the words “the candidate for whom” there shall be inserted “or the manner in which”;

(f) in section 136(2)(b)(9), for the words “£2,500” there shall be substituted “£1,500”;

(g) references to an election under the local government Act shall be deemed to include a reference to a poll consequent on a parish or community meeting.

(1)

Section 187(1) was repealed in part by Schedule 5 to the Representation of the People Act 1985 (c. 50) (“the Act of 1985”).

(2)

Section 66(6) was amended by paragraph 3 of Schedule 3 to the Act of 1985.

(3)

Subsections (2) and (3) of section 119 were substituted by section 19(4) of the Act of 1985.

(4)

Section 168 was amended by paragraph 8 of Schedule 3 to, and paragraph 57 of Schedule 4 to, the Act of 1985.

(5)

Section 169 was amended by paragraph 9 of Schedule 3 to the Act of 1985 and repealed in part by Schedule 5 to that Act.

(6)

Section 173(a) was repealed in part by Schedule 5 to the Act of 1985.

(7)

Section 176 was amended by paragraph 61 of Schedule 4 to the Act of 1985 and repealed in part by Schedule 5 to that Act.

(8)

Section 181 was amended by paragraph 63 of Schedule 4 to the Act of 1985 and repealed in part by Schedule 5 to that Act and Schedule 2 to the Prosecution of Offences Act 1985 (c. 23).

(9)

Section 136(2)(b) was amended by paragraph 48(b) of Schedule 4 to the Act of 1985.