The Combined Authorities (Mayoral Elections) Order 2017

PART 6 U.K. Final proceedings in contested and uncontested elections

Combined authority returning officer's re-count U.K.

57.—(1) Once the combined authority returning officer has received the report of any returning officer on the contents of his or her provisional statement prepared under rule 47(7) [F1 or 54(1)], the combined authority returning officer may direct the returning officer to re-count (or further re-count) the votes.

(2) A re-count directed by the combined authority returning officer under paragraph (1) may be of the votes in all the electoral area, or in such part of the electoral area as the combined authority returning officer considers reasonable.

(3) A returning officer must proceed with a re-count as soon as practicable after receipt of the combined authority returning officer's direction, and if not proceeding forthwith shall notify those counting observers entitled to be present at the re-count of the time and place at which the returning officer will begin to re-count the votes.

Textual Amendments

F1 Words in Sch. 1 rule 57(1) substituted (13.12.2022) by The Combined Authorities (Mayoral Elections) (Amendment) Order 2022 (S.I. 2022/1353), arts. 1(1)(c), 3(11) (with art. 1(2))

Combined authority returning officer's direction to count second preference votes U.K.

F2 58.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 1 rule 58 omitted (13.12.2022) by virtue of The Combined Authorities (Mayoral Elections) (Amendment) Order 2022 (S.I. 2022/1353), arts. 1(1)(c), 3(12) (with art. 1(2))

Returning officer's final statement, central calculation and declaration of result U.K.

59.—(1) When the combined authority returning officer has determined not to direct that any re-count (or further re-count) must take place, he or she must direct the returning officers to draw up a final statement of the matters referred to in rule 47(7) [F3 and 54(1)] and to provide final versions of their statements of rejected ballot papers.

(2) The returning officer, having drawn up the final statement, must—

(a) forthwith inform the combined authority returning officer of its contents, and

(b) as soon as reasonably practicable give the combined authority returning officer notice of the number of rejected ballot papers under each head shown in the final statement of rejected ballot papers.

(3) When authorised by the combined authority returning officer to do so, the returning officer must—

(a) make a declaration of the matters referred to in the final statement, and

(b) give public notice of those matters together with the number of rejected ballot papers under each head shown in the final statement of rejected ballot papers.

(4) The combined authority F4 ... returning officer—

(a) must make arrangements for the making of the calculation under this rule in the presence of the election agents, and

(b) must give to those agents notice in writing of the time and place at which the calculation will begin.

(5) No person other than—

(a) the combined authority F5 ... returning officer and the officer's clerks;

(b) the returning officers and a clerk chosen by each of them;

(c) the candidates and one person chosen by each of them;

(d) the election agents;

(e) persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000 M1 ,

may be present at a calculation, unless permitted by the combined authority returning officer to attend.

(6) A person not entitled to attend a calculation must not be permitted to do so by the combined authority F6 ... returning officer unless the officer—

(a) is satisfied that the efficiency of the calculation will not be impeded, and

(b) has either consulted the election agents or thought it impracticable to do so.

[F7 (7) As soon as the combined authority returning officer has received the information required by paragraph (3) from every returning officer, the combined authority returning officer must ascertain the total number of votes given to each candidate.]

(8) As soon as the combined authority F8 ... 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.

(9) A person informed of the relevant figures under paragraph (8) may require the combined authority 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.

[F9 (10) In paragraphs (8) and (9), “the relevant figures” means the total number of votes given for each candidate.]

(11) Where—

(a) an election is contested F10 ..., and

(b) the total number of votes for [F11 each candidate] is unequal,

the combined authority returning officer must declare the candidate to whom the majority of the votes is given as the person to be returned as the combined authority mayor.

[F12 (12) Where, after the counting of the votes (including any re-count) is completed, an equality of votes is found to exist between any candidates and the addition of a vote would entitle any of those candidates to be returned as mayor, the combined authority returning officer must forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.]

F13 (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15) The combined authority returning officer must give public notice of—

(a) the name of the successful candidate,

(b) the total number of F15 ... votes given for each candidate, [F16 and]

(c) the number of rejected ballot papers at the election under each head shown in the statement of rejected ballot papers (rule 51(5)), F17 ...

F17 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16) In an uncontested election, the combined authority returning officer must as soon as practicable after the latest time for the delivery of notices of withdrawals of candidature—

(a) declare to be elected the person remaining validly nominated,

(b) give public notice of the name of the person declared to be elected.

(17) The combined authority returning officer must inform the proper officer of the combined authority concerned of the result of the election.

Textual Amendments

F3 Words in Sch. 1 rule 59(1) substituted (13.12.2022) by The Combined Authorities (Mayoral Elections) (Amendment) Order 2022 (S.I. 2022/1353), arts. 1(1)(c), 3(13)(a) (with art. 1(2))

F4 Word in Sch. 1 rule 59(4) omitted (13.12.2022) by virtue of The Combined Authorities (Mayoral Elections) (Amendment) Order 2022 (S.I. 2022/1353), arts. 1(1)(c), 3(13)(b) (with art. 1(2))

F5 Word in Sch. 1 rule 59(5)(a) omitted (13.12.2022) by virtue of The Combined Authorities (Mayoral Elections) (Amendment) Order 2022 (S.I. 2022/1353), arts. 1(1)(c), 3(13)(b) (with art. 1(2))

F6 Word in Sch. 1 rule 59(6) omitted (13.12.2022) by virtue of The Combined Authorities (Mayoral Elections) (Amendment) Order 2022 (S.I. 2022/1353), arts. 1(1)(c), 3(13)(b) (with art. 1(2))

F7 Sch. 1 rule 59(7) substituted (13.12.2022) by The Combined Authorities (Mayoral Elections) (Amendment) Order 2022 (S.I. 2022/1353), arts. 1(1)(c), 3(13)(c) (with art. 1(2))

F8 Word in Sch. 1 rule 59(8) omitted (13.12.2022) by virtue of The Combined Authorities (Mayoral Elections) (Amendment) Order 2022 (S.I. 2022/1353), arts. 1(1)(c), 3(13)(b) (with art. 1(2))

F9 Sch. 1 rule 59(10) substituted (13.12.2022) by The Combined Authorities (Mayoral Elections) (Amendment) Order 2022 (S.I. 2022/1353), arts. 1(1)(c), 3(13)(d) (with art. 1(2))

F10 Words in Sch. 1 rule 59(11)(a) omitted (13.12.2022) by virtue of The Combined Authorities (Mayoral Elections) (Amendment) Order 2022 (S.I. 2022/1353), arts. 1(1)(c), 3(13)(e) (with art. 1(2))

F11 Words in Sch. 1 rule 59(11)(b) substituted (13.12.2022) by The Combined Authorities (Mayoral Elections) (Amendment) Order 2022 (S.I. 2022/1353), arts. 1(1)(c), 3(13)(f) (with art. 1(2))

F12 Sch. 1 rule 59(12) substituted (13.12.2022) by The Combined Authorities (Mayoral Elections) (Amendment) Order 2022 (S.I. 2022/1353), arts. 1(1)(c), 3(13)(g) (with art. 1(2))

F13 Sch. 1 rule 59(13) omitted (13.12.2022) by virtue of The Combined Authorities (Mayoral Elections) (Amendment) Order 2022 (S.I. 2022/1353), arts. 1(1)(c), 3(13)(h) (with art. 1(2))

F14 Sch. 1 rule 59(14) omitted (13.12.2022) by virtue of The Combined Authorities (Mayoral Elections) (Amendment) Order 2022 (S.I. 2022/1353), arts. 1(1)(c), 3(13)(h) (with art. 1(2))

F15 Words in Sch. 1 rule 59(15)(b) omitted (13.12.2022) by virtue of The Combined Authorities (Mayoral Elections) (Amendment) Order 2022 (S.I. 2022/1353), arts. 1(1)(c), 3(13)(i) (with art. 1(2))

F16 Word in Sch. 1 rule 59(15)(b) inserted (13.12.2022) by The Combined Authorities (Mayoral Elections) (Amendment) Order 2022 (S.I. 2022/1353), arts. 1(1)(c), 3(13)(i) (with art. 1(2))

F17 Sch. 1 rule 59(15)(d) and word omitted (13.12.2022) by virtue of The Combined Authorities (Mayoral Elections) (Amendment) Order 2022 (S.I. 2022/1353), arts. 1(1)(c), 3(13)(j) (with art. 1(2))

Marginal Citations

M1 2000 c. 41. Sections 6A to 6D were inserted by the Electoral Administration Act 2006 (c. 22), section 29.

Return or forfeiture of candidate's deposit U.K.

60.—(1) Unless forfeited in accordance with paragraph (5), the deposit made under rule 10 of these Rules shall be returned to the person making it or that person's personal representative.

(2) Subject to paragraph (4), the deposit shall be returned not later than the next day after that on which the result of the election is declared.

(3) For the purposes of paragraph (2)—

(a) a day shall be disregarded if it would be disregarded under rule 4 in computing any period of time for the purpose of the timetable for a combined authority mayoral election, and

(b) the deposit shall be treated as being returned on a day if a cheque for the amount of the deposit is posted on that day.

(4) If the candidate is not shown as standing nominated in the statement of persons nominated, or if proof of the candidate's death has been given to the combined authority returning officer before the conclusion of the F18 ... count, the deposit shall be returned as soon as practicable after the publication of the statement or after the death, as the case may be.

(5) Where a poll is taken, if, after the conclusion of the F19 ... count, the candidate is found not to have polled more than one-twentieth of the total number of F19 ... votes polled by all the candidates, the deposit shall be forfeited to the combined authority.

Textual Amendments

F18 Word in Sch. 1 rule 60(4) omitted (13.12.2022) by virtue of The Combined Authorities (Mayoral Elections) (Amendment) Order 2022 (S.I. 2022/1353), arts. 1(1)(c), 3(14)(a) (with art. 1(2))

F19 Words in Sch. 1 rule 60(5) omitted (13.12.2022) by virtue of The Combined Authorities (Mayoral Elections) (Amendment) Order 2022 (S.I. 2022/1353), arts. 1(1)(c), 3(14)(b) (with art. 1(2))