C3Part 1Police reform
CHAPTER 6Police and crime commissioners: elections and vacancies
Disqualification
I1C1C264Disqualification from election as police and crime commissioner
1
A person is disqualified from being elected to the office of police and crime commissioner for a police area F4in England at any election unless—
a
the person has attained the age of 18 when nominated as a candidate at the election, and
b
on each relevant day, the person is registered in the register of local government electors for an electoral area in respect of an address in the police area.
F31A
A person is disqualified from being elected to the office of police and crime commissioner for a police area in Wales at any election unless—
a
the person has attained the age of 18 when nominated as a candidate at the election, and
b
on each relevant day subsection (1B) or (1C) applies.
1B
This subsection applies if—
a
the person is registered in a register of parliamentary electors in respect of an address within the police area, and
b
the registration is not in pursuance of an overseas elector's declaration.
1C
This subsection applies if—
a
the person is disqualified as a peer from voting as an elector at parliamentary elections, or is a F5qualifying EU citizen or an EU citizen with retained rights, and
b
the person is registered in a register of local government electors in respect of an address within the police area.
2
In this section “relevant day”, in relation to a person who is a candidate at an election, means—
a
the day on which the person is nominated as a candidate at the election;
b
the day of the poll at the election.
C43
A person is disqualified from being elected to the office of police and crime commissioner for a police area at an ordinary election if the person has been nominated as a candidate for election as police and crime commissioner for any other police area at that election.
F13A
A person is disqualified from being elected to the office of police and crime commissioner for a police area at an ordinary election if the person—
a
has been nominated as a candidate for election as mayor for the area of a combined authority at an election to be held on the same day; and
b
by virtue of an order under section 107F(1) of the Local Democracy, Economic Development and Construction Act 2009, the mayor would exercise functions of a police and crime commissioner in relation to the area.
C44
A person is disqualified from being elected to the office of police and crime commissioner for a police area at an election other than an ordinary election if—
a
the person is police and crime commissioner for any other police area, or
b
the person has been nominated as a candidate for election as police and crime commissioner for any other police area for which an election is held on the same day.
F24A
A person is disqualified from being elected to the office of police and crime commissioner for a police area at an election other than an ordinary election if—
a
the person is a mayor who, by virtue of an order under section 107F(1) of the Local Democracy, Economic Development and Construction Act 2009, exercises functions of a police and crime commissioner for the area of a combined authority; or
b
the person has been nominated as a candidate for election as a mayor who, by virtue of such an order, would exercise such functions and the election would take place on the same day.
Pt. 1 applied (with modifications) (10.5.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(4), 35(1) (with art. 35(3), Sch. 6)