The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2012

Draft Regulations laid before Parliament under section 105(6) of the Local Government Act 2000, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2012 No.

Local Government, England And Wales

The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2012

Made

***

Coming into force in accordance with regulation 1

The Lord President of the Council, in exercise of the powers conferred by sections 44 and 105 of the Local Government Act 2000(1), makes the following Regulations.

The Lord President of the Council has consulted the Electoral Commission about these Regulations in accordance with section 44(3A) of the Local Government Act 2000.

In accordance with section 105(6) of the Local Government Act 2000, a draft of these Regulations has been laid before and approved by a resolution of each House of Parliament.

Citation and commencement

1.  These Regulations may be cited as the Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2012 and come into force on the day after the day on which they are made.

Amendment of the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007

2.—(1) The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007(2) are amended as follows.

(2) In regulation 3 (conduct of mayoral elections)—

(a) at the beginning of paragraph (4)(c), insert the words “Subject to paragraph (4A)”;

(b) after paragraph (4), insert—

“(4A) Where the poll at a mayoral election is taken alone, or is taken together with a poll at a police and crime commissioner election(3) but not with a poll at any other relevant election or referendum, section 199B of the 1983 Act(4) (translation of certain documents) has effect in relation to the conduct of the mayoral election subject to the modification in the Table in Schedule 2A instead of the modification to that section in Table 1 of Schedule 2.”.

(3) Regulation 4 (combination of polls) is renumbered as paragraph (1) of that regulation.

(4) After that paragraph as so renumbered insert—

“(2) Where the poll at a mayoral election is taken together with a poll at a police and crime commissioner election and is not also taken together with a poll at any other relevant election or referendum, Schedule 3 has effect subject to the modifications set out in Schedule 3A.”.

(5) In Schedule 1 (the Mayoral Elections Rules), in rule 5(3) (notice of election) for “returning officer” substitute “registration officer”.

(6) In the Appendix of Forms in Schedule 1, for the forms listed below substitute the corresponding forms in Schedule 1 to these Regulations—

(a) Form 3 (ballot paper (two candidates)) including the directions as to printing;

(b) Form 4 (ballot paper (three or more candidates)) including the directions as to printing;

(c) Form 7 (postal voting statement);

(d) Form 8 (official poll card);

(e) Form 9 (official postal poll card);

(f) Form 10 (official proxy poll card);

(g) Form 11 (official proxy postal poll card);

(h) Form 12 (directions for the guidance of voters);

(i) Form 13 (certificate of employment);

(j) Form 14 (declaration to be made by the companion of a voter with disabilities).

(7) After Schedule 2 (modifications of Acts and statutory instrument) insert, as Schedule 2A, the Schedule set out in Schedule 2 to these Regulations.

(8) In Schedule 3 (the Mayoral Election (Combination of Polls) Rules) in rule 5(3) (notice of election) for “returning officer” substitute “registration officer”.

(9) After Schedule 3 insert, as Schedule 3A, the Schedule set out in Schedule 3 to these Regulations.

Parliamentary Secretary (Minister for Political and Constitutional Reform)

Cabinet Office

[Date]

Regulation 2(6)

SCHEDULE 1 Amended forms for use at a mayoral election not taken together with another election or referendum

Regulation 2(7)

SCHEDULE 2 Schedule 2A to be inserted into the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007

Regulation 3

“SCHEDULE 2A Modification to a provision in the Representation of the People Act 1983 where a mayoral election is taken alone or together with a police and crime commissioner election

TABLE The Representation of the People Act 1983

(1) Provision

(2) Modification

Section 199B (translation of certain documents)

In subsection (6), insert after paragraph (b)— “(ba) in the case of an election for a mayor under the 2000 Act, must have printed at the top of the list of candidates the words “Vote (x) for one candidate only” if there are only two candidates, or the words “Vote once (x) in column 1 for your first choice, and vote once (x) in column 2 for your second choice” if there are more than two candidates.””

Regulation 2(9)

SCHEDULE 3 Schedule 3A to be inserted into the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007

Regulation 4

“SCHEDULE 3A Modifications to Schedule 3 where a mayoral election is taken together with a police and crime commissioner election

Interpretation

1.   In this Schedule, “the PCC Elections Order” means the Police and Crime Commissioner Elections Order 2012(5).

Modifications to Schedule 3

2.   The modifications referred to in regulation 4(2) are those in paragraphs 3 and 4 of this Schedule.

Notice to be displayed in polling station compartments

3.   In rule 28(10) of Schedule 3 (equipment of polling stations) from “there shall be exhibited the notice” to the end substitute “the notice at Form 21 in Part 4 of Schedule 4 to the PCC Elections Order must be exhibited”.

Forms

4.   In the Appendix of Forms in Schedule 3—

(a) for Form 3 (ballot paper (two candidates)) including the directions as to printing, substitute Form 3 in the Appendix of Forms in Schedule 1 including the directions as to printing;

(b) for Form 4 (ballot paper (three or more candidates)) including the directions as to printing, substitute Form 4 in the Appendix of Forms in Schedule 1 including the directions as to printing;

(c) for Form 7(1) (postal voting statement for use when there is a joint issue and receipt of postal ballot papers) substitute Form 3 in Part 4 of Schedule 2 to the PCC Elections Order;

(d) for Form 7(2) (postal voting statement for use when a mayoral election is combined with another poll but the postal ballot papers are not combined) substitute the form in the Appendix to this Schedule;

(e) for Form 8 (official poll card) substitute Form 8 in the Appendix of Forms in Schedule 1;

(f) for Form 9 (official postal poll card) substitute Form 9 in the Appendix of Forms in Schedule 1;

(g) for Form 10 (official proxy poll card) substitute Form 10 in the Appendix of Forms in Schedule 1;

(h) for Form 11 (official proxy postal poll card) substitute Form 11 in the Appendix of Forms in Schedule 1;

(i) for Form 12 (directions for the guidance of voters) substitute Form 22 in Part 4 of Schedule 4 to the PCC Elections Order;

(j) for Form 13 (certificate of employment) substitute Form 13 in the Appendix of Forms in Schedule 1;

(k) for Form 14 (declaration to be made by the companion of a voter with disabilities) substitute Form 23 in Part 4 of Schedule 4 to the PCC Elections Order.

APPENDIX

”

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make changes to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (“the Mayoral Elections Regulations”).

Regulation 2(6) and Schedule 1 replace certain forms in Schedule 1 to the Mayoral Elections Regulations (the Mayoral Elections Rules). These forms are to be used where a poll at a mayoral election is taken alone.

The effect of regulations 2(3), 2(4) and 2(9) and Schedule 3 is that where a poll at a mayoral election is taken together with a poll at an election of a police and crime commissioner (but is not taken together with a poll at any other election or referendum), forms in Schedules 1 and 3A to the Mayoral Elections Regulations, and forms in the Police and Crime Commissioner Elections Order 2012, will be used instead of the equivalent forms in Schedule 3 to the Mayoral Elections Regulations (the Mayoral Elections (Combination of Polls) Rules).

Regulations 2(2) and 2(7) and Schedule 2 make consequential changes to the Mayoral Elections Regulations, which affect the application to mayoral elections of section 199B of the Representation of the People Act 1983 (translation etc of certain documents). The effect is to modify the words that will appear on an enlarged version of the mayoral ballot paper that is displayed at polling stations where a poll at a mayoral election is taken alone, or is taken together with a poll at a police and crime commissioner election but no other poll.

Regulations 2(5) and 2(8) correct a minor error in rule 5(3) of the Mayoral Elections Rules and in rule 5(3) of the Mayoral Elections (Combination of Polls) Rules. References to the “returning officer” in these rules are replaced with references to the “registration officer”.

A full Impact Assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.

(1)

2000 c.22. Sections 44(3A) and (3B) were inserted by section 158(1) of, and paragraphs 18(1) and (2) of Schedule 21 to, the Political Parties, Elections and Referendums Act 2000 (c.41). The powers conferred on the Secretary of State by section 44 were made exercisable concurrently by the Lord President of the Council and the Secretary of State by the Lord President of the Council Order 2010 (S.I. 2010/1837).

(2)

S.I. 2007/1024, amended by S.I. 2012/xxxx; there are other amending instruments but none is relevant.

(3)

A definition of “police and crime commissioner election” was inserted into regulation 2 of S.I. 2007/1024 by article 13(2) of, and paragraph 12 of Schedule 4 to, the Police and Crime Commissioner Elections Order 2012 (S.I. 2012/xxxx).

(4)

“the 1983 Act” is defined in regulation 2 of S.I. 2007/1024 to mean the Representation of the People Act 1983 (c.2). Section 199B was inserted by section 36 of the Electoral Administration Act 2006 (c.22).

(5)

S.I. 2012/xxxx.