The Local Elections (Principal Areas) (Wales) Rules 2021

Title and commencement E+W

1.  The title of these Rules is the Local Elections (Principal Areas) (Wales) Rules 2021 and they come into force on 17 December 2021.

Commencement Information

I1 Rule 1 in force at 17.12.2021, see rule 1

Transitional provision E+W

2.  The coming into force of these Rules does not affect the conduct of an election of councillors to a county council or county borough council if, in the event of the election being contested, the poll would take place before 5 May 2022.

Commencement Information

I2 Rule 2 in force at 17.12.2021, see rule 1

Interpretation E+W

3.—(1) In these Rules—

“the 1983 Act” (“Deddf 1983”) means the Representation of the People Act 1983;

“the Combination of Polls Regulations” (“Rheoliadau Cyfuno Pleidleisiau”) means the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004(1);

“county” (“sir”) means a county in Wales;

“county borough” (“bwrdeistref sirol”) means a county borough in Wales;

“excluded day” (“diwrnod eithriedig”) means a day that is—

(a)

a Saturday;

(b)

a Sunday;

(c)

Christmas Eve;

(d)

Christmas Day;

(e)

Good Friday;

(f)

a day that is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971(2);

(g)

[F1 a day appointed for public thanksgiving or mourning;]

“home address information” (“gwybodaeth am gyfeiriad cartref”) in relation to a person nominated—

(a)

in Schedule 1, has the meaning given by rule 13(3) of that Schedule, and

(b)

in Schedule 2, has the meaning given by rule 13(3) of that Schedule;

“principal area” (“prif ardal”) means a county or county borough.

(2) For the purposes of these Rules, an election is a “relevant election” if it is one of the following elections and the poll at the election is taken together with the poll at an election of councillors to a county council or county borough council—

(a) a parliamentary election;

(b) an election of councillors to a community council;

(c) a mayoral election, that is, an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007(3);

(d) a police and crime commissioner election, that is, an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011(4).

(3) In these Rules, unless otherwise indicated, the following words and expressions have the same meaning as in the 1983 Act (see section 202(1)(5) of that Act)—

“anonymous entry” (“cofnod dienw”);

“disability” (“anabledd”)

“election court” (“llys etholiad”);

“election petition” (“deiseb etholiad”);

“elector” (“etholwr”);

“list of proxies” (“rhestr dirprwyon”);

“postal voters list” (“rhestr pleidleiswyr post”);

“proxy postal voters list” (“rhestr pleidleiswyr post drwy ddirprwy”);

“proper officer” (“swyddog priodol”);

“record of anonymous entries” (“cofnod cofnodion dienw”);

“voter” (“pleidleisiwr”).

Textual Amendments

F1 Words in rule 3(1) inserted (10.3.2022) by The Local Elections (Miscellaneous and Consequential Amendments) (Wales) Regulations 2022 (S.I. 2022/263), regs. 1(2), 5(2) (with reg. 12(b))

Commencement Information

I3 Rule 3 in force at 17.12.2021, see rule 1

Section 22(3)(a) of the Political Parties, Elections and Referendums Act 2000: use of “Annibynnol” E+W

4.  For the purposes of section 22(3)(a) of the Political Parties, Elections and Referendums Act 2000(6), the description “Annibynnol” may be given in a candidate’s nomination paper at an election of councillors to a county council or county borough council in Wales, instead of, or in addition to, the description “Independent”.

Commencement Information

I4 Rule 4 in force at 17.12.2021, see rule 1

Conduct of elections to the council of a principal area E+W

5.—(1) Schedule 1 sets out the rules that apply to the conduct of an election of councillors to a county council or county borough council where the poll at the election is not taken together with the poll at another election.

(2) References in the rules in Schedule 1 to the returning officer are references to the returning officer at the election of councillors to a county council or county borough council.

(3) Schedule 2 sets out the rules that apply to the conduct of an election of councillors to a county council or county borough council where the poll at the election is taken together with the poll at one or more relevant elections.

(4) References in the rules in Schedule 2 to the co-ordinating returning officer are references to the returning officer who, under regulation 4 of the Combination of Polls Regulations, is responsible for discharging functions specified in regulation 5 of those Regulations.

(5) References in the rules in Schedule 2 to the returning officer are references to the returning officer at the election of councillors to a county council or county borough council (whether or not that person is also the co-ordinating returning officer), unless a particular rule otherwise provides.

(6) Where a rule in Schedule 1 or 2 requires the returning officer to publish a document, then (unless the rule provides otherwise) the document must be published—

(a) online, and

(b) in such other ways as the returning officer considers appropriate for bringing the contents of the document to the attention of the public.

(7) Where a rule in Schedule 1 or 2 requires or authorises a notice to be given, the notice may be—

(a) sent by post,

(b) sent electronically, or

(c) delivered personally.

Commencement Information

I5 Rule 5 in force at 17.12.2021, see rule 1

Rebecca Evans

Minister for Finance and Local Government, one of the Welsh Ministers