The Local Elections (Principal Areas) (England and Wales) Rules 2006

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules provide for the conduct of elections of councillors of the council of a principal area, that is a county, county borough, district or London borough. They replace the Local Elections (Principal Areas) Rules 1986, as amended (“the 1986 Rules”), which are revoked by Schedule 1 to these Rules.

The rules in Schedule 2 to these Rules, like the rules in Schedule 2 to the 1986 Rules, apply with adaptations, alterations and exceptions, the parliamentary elections rules (contained in Schedule 1 to the Representation of the People Act 1983) for the purpose of the conduct of principal area elections.

The Rules differ from the 1986 Rules by including, with relevant alterations and exceptions, the amendments made to the parliamentary elections rules by provisions of the Electoral Administration Act 2006 (c.22) (“the 2006 Act”). Particular changes resulting from the 2006 Act are mentioned below.

The Rules reflect changes made to nomination procedures. Candidates may use their common names on nomination forms and ballot papers. The minimum age for a candidate is reduced from 21 to 18. The rules on the use of authorised descriptions by candidates standing on behalf of registered political parties are amended to reflect amendments made to the Political Parties, Elections and Referendums Act 2000 (c.41) (in sections 28A and 28B). Returning officers will be able to correct minor errors on nomination papers.

The Rules reflect new security measures introduced by the 2006 Act. Security markings on ballot papers are provided for; so too are unique identifying marks. Counterfoils on ballot papers are replaced by corresponding number lists. Requirements are imposed requiring postal voters and postal proxies to provide both their signature and date of birth when returning postal ballot papers.

The Rules reflect alterations as to the circumstances in which a person may give a tendered vote. New requirements are introduced as to the information and accessibility of information to be provided by returning officers to electors.

The Rules reflect the changes made as to the persons who may be admitted to a polling station and the count to observe elections.

Amendments are made to provide for transmission of information to a presiding officer of alterations to the electoral register taking effect on the day of the poll. Amendments consequential upon the introduction of a scheme for the anonymous registration of certain electors are made.

The Rules reflect the changes made regarding the retention and inspection of election documents after the poll.

Consequential amendments are made to all the existing forms prescribed for use at these elections. New forms to implement the 2006 Act changes, which were prescribed in the Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), have been applied by these Rules with relevant modifications for the purposes of principal area elections.

Schedule 3 to these Rules sets out, as modified, the rules in Schedule 2 which apply when the poll at a principal area election is taken together with the poll at a relevant election or referendum, meaning a Parliamentary election, a European Parliamentary election, another local government election (which includes Greater London Authority elections in London), or a referendum or election for an elected mayor held under the Local Government Act 2000 (c.22).

Schedule 3 also incorporate modifications to the parliamentary elections rules made by the Combination of Polls (England and Wales) Regulations 2004 (S.I. 2004/294 as amended by 2006/3278) and regulation 65 of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341).