The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023

PART 3 U.K. Local authority mayoral elections

Interpretation U.K.

7.  In this Part—

“mayoral election rules” means the rules set out in Schedules 1 and 3 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007;

“ongoing local authority mayoral election” means a relevant local authority mayoral election for which the date of poll as specified in the notice of election is on or after 31st January 2024;

“relevant local authority mayoral election” means an election in England for the return of an elected mayor as defined by section 9H(1) of the Local Government Act 2000(1) for which the notice of election is published in accordance with rule 5 of the mayoral election rules on or before 30th January 2024.

Commencement Information

I1 Sch. 2 para. 7 in force at 31.10.2023, see reg. 1(2)

Questions for proxies at certain local authority mayoral elections U.K.

8.—(1) The amendments made by regulation 14(3) and (7) do not apply in respect of an ongoing local authority mayoral election.

(2) Rule 35 of the mayoral election rules applies in respect of a relevant local authority mayoral election as if—

(a) in the table following paragraph (1)—

(i) in entry 2 (proxy), in the column headed “Question”—

(aa) after question (b) there were inserted—

“(ba) At a mayoral election held in England: “Were you appointed as proxy on behalf of CD before 31st October 2023?” [R]”;

(bb) in question (c), after “in Wales” there were inserted “in all cases, and at a mayoral election in England where the person answers question (ba) in the positive”;

(ii) in entry 3 (proxy for an anonymous elector), in the column headed “Question”—

(aa) after question (b) there were inserted—

“(ba) At a mayoral election held in England: “Were you appointed as proxy on behalf of the person whose number on the register of elections is (read out the number from the register) before 31st October 2023?” [R]”;

(bb) in question (c), after “in Wales” there were inserted “in all cases, and at a mayoral election in England where the person answers question (ba) in the positive”;

(b) in paragraph (2), after “3(a), (b)” there were inserted “, (ba)”.

Commencement Information

I2 Sch. 2 para. 8(1) in force at 31.1.2024, see reg. 1(3)(i)

I3 Sch. 2 para. 8(2) in force at 31.10.2023, see reg. 1(2)

Poll card forms for certain local authority mayoral elections U.K.

9.—(1) The amendments made by regulation 14(5) and (9) do not apply in respect of an ongoing local authority mayoral election.

(2) Form 8A (elector’s official poll card (for use at mayoral elections in England)) and Form 10A (official proxy poll card (for use at mayoral elections in England)) in the mayoral election rules apply in respect of a relevant local authority mayoral election as if, on the front of the form, before the text that begins “vote as a proxy at this election” there were inserted “(in the case of a proxy appointed before 31st October 2023)”.

(3) Form 9 (official postal poll card) and Form 11 (official proxy postal poll card) in the mayoral election rules apply in respect of a relevant local authority mayoral election as if on the back of the form, before the text that begins “vote as a proxy at this election” there were inserted “(in the case of a proxy appointed before 31st October 2023)”.

[F1 (4) Sub-paragraph (5) applies in respect of an election in England for the return of an elected mayor as defined by section 9H(1) of the Local Government Act 2000 for which—

(a) the notice of election is published in accordance with rule 5 of the mayoral election rules on or after 31st January 2024, and

(b) the date of poll stated in that notice is on or before 1st May 2024.

(5) Form 9 (official postal poll card) and Form 11 (official proxy postal poll card) in the mayoral election rules apply as if, on the back of the form, for the text that begins “vote as a proxy at this election” and ends with “grandchild” there were substituted—

“(in the case of a proxy appointed on or after 31st October 2023) vote as a proxy on behalf of more than four electors, of which no more than two may be on behalf of other domestic electors (a domestic elector is one who is not an overseas or service elector)”.]

Textual Amendments

F1 Sch. 2 para. 9(4)(5) inserted (31.1.2024) by The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2024 (S.I. 2024/99), regs. 1(1), 2(3)

Commencement Information

I4 Sch. 2 para. 9(1) in force at 31.1.2024, see reg. 1(3)(i)

I5 Sch. 2 para. 9(2)(3) in force at 31.10.2023, see reg. 1(2)

(1)

Section 9H was inserted by paragraph 1 of Schedule 2 to the Localism Act 2011 (c. 20).