The Police and Crime Commissioner Elections Order 2012

Publication of statement of persons nominated U.K.

13.—(1) The police area returning officer must prepare a statement showing—

(a) the persons who have been and stand nominated, and

(b) any other persons who have been nominated together with the reason why they no longer stand nominated.

(2) The statement must show the names, addresses and descriptions of the persons nominated as given in their nomination papers and the home address forms.

(3) If a person's nomination paper gives a commonly used surname or forename [F1 in accordance with rule 5(3)], the statement must show the person's commonly used surname or forename (as the case may be) instead of [F2 the other surname or forename].

(4) Paragraph (3) does not apply if the police area returning officer thinks—

(a) that the use of the person's commonly used name is likely to mislead or confuse electors, or

(b) that the commonly used name is obscene or offensive.

(5) If paragraph (4) applies, the police area returning officer must give notice in writing to the candidate of the reasons for refusing to allow the use of a commonly used name.

(6) The statement of persons nominated must show the persons standing nominated arranged alphabetically in the order of their surnames, and if there are two or more of them with the same surname, of their other names.

(7) In relation to a nominated person in whose case the home address form (or, if the person is nominated by more than one nomination paper, any of the home address forms) contains—

(a) the statement mentioned in rule 5(7)(a), and

(b) the information mentioned in rule 5(7)(b),

the reference in paragraph (2) to the person's address shall be read as a reference to the information mentioned in rule 5(7)(b).

[F3 (7A) In the case of a person nominated by more than one nomination paper, the returning officer must take the particulars required by paragraphs (1) to (7) from such one of the papers as the candidate (or the returning officer in default of the candidate) may select.]

(8) Where—

(a) two or more of the names shown on the statement are the same or so similar as to be likely to cause confusion,

(b) paragraph (7) applies in relation to each of the persons in question, and

(c) the information mentioned in rule 5(7)(b) is the same for each of them,

the police area returning officer may cause any of their particulars to be shown on the statement with such amendments or additions as the officer thinks appropriate in order to reduce the likelihood of confusion.

(9) Where it is practicable to do so before the publication of the statement, the police area returning officer must consult any person whose particulars are to be amended or added to under paragraph (8).

(10) The police area returning officer must give notice in writing to any person whose particulars are amended or added to under paragraph (8).

(11) Anything done by a police area returning officer in pursuance of paragraph (8) must not be questioned in any proceedings other than proceedings on a PCC election petition.

(12) A police area returning officer must have regard to any guidance issued by the Commission for the purposes of paragraph (8).

(13) The police area returning officer—

(a) must give public notice of the statement prepared under this rule, and

(b) must send a copy of it to the Commission.

Textual Amendments

F1 Words in Sch. 3 rule 13(3) substituted (1.11.2023) by The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023 (S.I. 2023/1141), regs. 1(2), 4(4)(c)(i) (with reg. 1(6)(b)(8))

F2 Words in Sch. 3 rule 13(3) substituted (1.11.2023) by The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023 (S.I. 2023/1141), regs. 1(2), 4(4)(c)(ii) (with reg. 1(6)(b)(8))

F3 Sch. 3 rule 13(7A) inserted (4.3.2016) by The Police and Crime Commissioner Elections (Amendment) Order 2016 (S.I. 2016/300), arts. 1(2), 11(4) (with art. 1(3))