The Police and Crime Commissioner Elections Order 2012

The first calculation and resolution of equality

59.—(1) As soon as the police area returning officer has received the information required by rule 57 from every local returning officer, the police area returning officer must—

(a) in relation to an election contested by three or more candidates, ascertain the total of the first preference votes given in the police area to each candidate;

(b) in relation to an election contested by only two candidates, ascertain the total number of votes given in the police area to each candidate.

(2) As soon as the police area returning officer has ascertained the result of the calculation, the officer must inform such of the election agents as are then present of the relevant figures and must give them a reasonable opportunity to satisfy themselves as to the accuracy of the calculation.

(3) A person informed of the relevant figures under paragraph (2) may require the police area returning officer to make a calculation again but the officer may refuse to do so if in the officer’s opinion the request is unreasonable.

(4) In paragraphs (2) and (3), “the relevant figures” means—

(a) in the case of an election contested by three or more candidates—

(i) the number of first preference votes given in the police area for each candidate, and

(ii) the calculation undertaken by the police area returning officer for the purpose of ascertaining whether a candidate is to be returned in accordance with paragraph 3 of Schedule 9 to the 2011 Act (candidate with overall majority of first preference votes);

(b) in the case of an election contested by only two candidates, the total number of votes given in the police area for each candidate.

(5) Where an election is contested by three or more candidates—

(a) if paragraph 3 of Schedule 9 to the 2011 Act applies (candidate with overall majority of first preference votes), the declaration of the person to be returned to the office of police and crime commissioner for the police area must be made in accordance with rule 62;

(b) if paragraph 4(1) of Schedule 9 to the 2011 Act applies (no candidate with overall majority of first preference votes), the police area returning officer must proceed with the second calculation in accordance with Part 4 of these Rules.

(6) Where an election is contested by only two candidates and the total number of votes given for each of them is unequal, the person to be returned to the office of police and crime commissioner for the police area is the candidate to whom the majority of the votes is given.

(7) Where an election is contested by only two candidates and the total number of votes given for each of them is equal, the person to be returned to the office of police and crime commissioner for the police area is the person whom the police area returning officer decides, in accordance with paragraph 4(8) of Schedule 9 to the 2011 Act, is to be returned to that office.

(8) In a case to which paragraph (6) or (7) applies, the declaration of the person to be returned to the office of police and crime commissioner for the police area must be made in accordance with rule 62.