Representation of the People Act 1983

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Point in time view as at 20/03/1995. This version of this provision has been superseded.

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Representation of the People Act 1983, Section 36 is up to date with all changes known to be in force on or before 02 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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36 Local elections in England and Wales.E+W+S

(1)Elections of councillors for local government areas in England and Wales shall be conducted in accordance with rules made by the Secretary of State.

(2)Rules made under this section shall apply the parliamentary elections rules in Schedule 1 to this Act, subject to such adaptations, alterations and exceptions as seem appropriate to the Secretary of State.

[F1F2(3)Where the polls at—

(a)the ordinary election of district councillors for any district ward or an election to fill a casual vacancy occurring in the office of such a councillor, and

(b)the ordinary election of parish F3. . . councillors for any parish F3. . . or an election to fill a casual vacancy occurring in the office of such a councillor,

are to be taken on the same day and the elections are for related electoral areas, the polls at those elections shall be taken together.

[F1(3AB)Where the polls at—

(a)the ordinary election of councillors for any electoral division of a Welsh county or county borough or an election to fill a casual vacancy occurring in the office of such a councillor, and

(b)the ordinary election of community councillors for any community or an election to fill a casual vacancy occurring in the office of such a councillor,

are to be taken on the same day and the elections are for related electoral areas, the polls at those elections shall be taken together.]]

(3A)For the purposes of this section electoral areas are related if they are coterminous or if one is situated within the other.

[F4(3AA)]

F5(3B)Where the polls at any elections are combined under this section the cost of taking the combined polls (excluding any cost solely attributable to one election) and any cost attributable to their combination shall be apportioned equally among the elections.

(3C)The Secretary of State may by regulations make such provision as he thinks fit in connection with the combining of polls at any elections under this section including provision modifying the Representation of the People Acts in relation to such elections.

(4)All expenditure properly incurred by a returning officer in relation to the holding of an election of a councillor for a principal area (that is, a county, [F6a county borough], a district or a London borough) shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council for that area, exceed that scale, be paid by that council.

[F7(4A)]

F8(5)All expenditure properly incurred by a returning officer in relation to the holding of an election of a parish or community councillor shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council of the district in which the parish or the community is situated, exceed that scale, be paid by the district council, but any expenditure so incurred [F9shall, if the district council so require, be repaid to that council by the council of the parish or community for which the election is held.].

(6)Before a poll is taken at an election of a councillor for any local government area in England and Wales the council of that area or, in the case of an election of a parish or community councillor, the council who appointed the returning officer shall, at the request of the returning officer or of any person acting as returning officer, advance to him such reasonable sum in respect of his expenses at the election as he may require.

(7)Rules made under this section shall be—

(a)made by statutory instrument;

(b)subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1S. 36(3AB) inserted (20.3.1995) by 1994 c. 19, s. 66(6), Sch. 16 para. 68(8) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/546, art. 3, Sch.