The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 and shall come into force on the day after the day on which they are made.

(2) These Regulations shall not extend to Scotland or Northern Ireland.

Interpretation

2.—(1) For the purposes of these Regulations—

“1983 Act” means the Representation of the People Act 1983;

“1985 Act” means the Representation of the People Act 1985;

“2000 Act” means the Local Government Act 2000;

“2001 Regulations” means the Representation of the People (England and Wales) Regulations 2001(1);

“2002 Act” means the European Parliamentary Elections Act 2002(2);

“2004 Regulations” means the European Parliamentary Elections Regulations 2004(3);

“GLRO” means the Greater London Returning Officer, being the person who is for the time being the proper officer of the Greater London Authority for the purposes of section 35(2C) of the 1983 Act(4);

“mayoral election” means an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002(5); and

“referendum” means a referendum conducted under the Local Authorities (Conduct of Referendums) (England) Regulations 2001(6).

(2) In the case of a referendum, a reference to a returning officer shall be construed as a reference to a counting officer, within the meaning of regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001.

Revocation

3.  The Representation of the People Regulations 1986(7) are hereby revoked.

Returning officers and polling stations

4.—(1) Where the poll at a parliamentary general election is taken together with the poll at another election or referendum under a relevant enactment—

(a) those functions of the returning officer at the poll at the other election or referendum which are specified in regulation 5 shall be discharged by the returning officer at the parliamentary election for such part of the electoral region, local government area or voting area (as the case may be) as is situated in the parliamentary constituency; and

(b) only polling stations used for the parliamentary election shall be used for the other election or referendum.

(2) Where the above paragraph does not apply and the poll at an ordinary Authority(8) election is taken together with the poll at another election or referendum under a relevant enactment—

(a) those functions of the returning officer at the poll at the other election or referendum which are specified in regulation 5 shall be discharged by the returning officer at the Authority election for such part of the electoral region, local government area or voting area (as the case may be) as is situated in the area for which he acts; and

(b) only polling stations used for the Authority election shall be used for the poll at the other election or referendum.

(3) Where neither of the above paragraphs applies and the poll at an ordinary county council election is taken together with the poll at another election or referendum under a relevant enactment—

(a) those functions of the returning officer at the poll at the other election or referendum which are specified in regulation 5 shall be discharged by the returning officer at the county council election for such part of the electoral region, local government area or voting area (as the case may be) as is situated in the county or county borough; and

(b) only polling stations used for the county council election shall be used for the poll at the other election or referendum.

(4) Where none the above paragraphs applies and the poll at an ordinary principal area council election (other than a county council election) is taken together with the poll at another election or referendum under a relevant enactment—

(a) those functions of the returning officer at the poll at the other election or referendum which are specified in regulation 5 shall be discharged by the returning officer at the principal area council election for such part of the electoral region, local government area or voting area (as the case may be) as is situated in the principal area; and

(b) only polling stations used for the principal area council election shall be used for the poll at the other election or referendum.

(5) Where none of the above paragraphs applies and the poll at a mayoral election is taken together with the poll at an election under a relevant enactment—

(a) those functions of the returning officer at the poll at the other election which are specified in regulation 5 shall be discharged by the returning officer at the mayoral election for such part of the electoral region or local government area (as the case may be) as is situated in the local government area as respects which the mayoral election is held; and

(b) only polling stations used for the mayoral election shall be used for the poll at the other election.

(6) Where none of the above paragraphs applies and the poll at a referendum is taken together with the poll at an election under a relevant enactment—

(a) those functions of the returning officer at the poll at the election which are specified in regulation 5 shall be discharged by the returning officer at the referendum for such part of the electoral region or local government area (as the case may be) as is situated in the voting area; and

(b) only polling stations used for the referendum shall be used for the poll at the election.

(7) Where none of the above paragraphs applies and the poll at an ordinary parish or community council election is taken together with the poll at a European Parliamentary election under a relevant enactment—

(a) those functions of the returning officer at the European Parliamentary election which are specified in regulation 5 shall be discharged by the returning officer at the parish or community council election for such part of the electoral region as is situated in the area of the parish or community council; and

(b) only polling stations used for the parish or community council election shall be used for the European Parliamentary election.

(8) Subject to paragraph (9), where the polls at an election and another election or referendum for related areas (within the meaning of section 15(3) of the 1985 Act) are taken together under section 15(2) of the 1985 Act(9) (including by virtue of section 15(2) and (3) as applied by regulations made under sections 44 and 105 or 45 and 105 of the 2000 Act)—

(a) the returning officers for each election or referendum shall decide which returning officer shall discharge in the related area those functions of the other (or others) which are specified in regulation 5, but the returning officer at a European Parliamentary election shall not discharge those functions; and

(b) the only polling stations which shall be used at each election or referendum are the polling stations used at the election or referendum for which the returning officer who discharges the functions referred to in sub-paragraph (a) above acts as returning officer.

(9) Where the polls at two or more elections or referendums are taken together other than under a relevant enactment, but one or more such polls are also taken together with the poll at another election or a referendum under a relevant enactment, paragraphs (1) to (7) above shall apply as if—

(a) each election (other than a mayoral election) were an ordinary election; and

(b) the polls at each election or referendum were taken together under a relevant enactment.

(10) In this regulation—

“county council election” mean an election of councillors of a county or county borough;

“principal area” means any of the following—

(a)

a county, district or London borough in England, or

(b)

a county or county borough in Wales;

“principal area council election” means an election of councillors or London Borough councillors (as the case may be) of a principal area; and

“relevant enactment” means any of the following—

(a)

section 15(1) of the 1985 Act; or

(b)

section 36(3), (3AB) or (3AC) of the 1983 Act(10),

and includes a reference to each section as applied in regulations made under sections 44 and 105 or 45 and 105 of the 2000 Act.

(11) In this regulation, except the first reference in paragraph (8)(a), any reference to a returning officer which applies to—

(a) the returning officer at a European Parliamentary election, shall be construed as including a reference to the local returning officer,

(b) the returning officer at an Authority election, shall be construed as a reference to the constituency returning officer(11) for the Assembly constituency in which the functions specified in regulation 5 are to be discharged.

Functions at combined polls

5.—(1) The functions referred to in regulation 4 are the functions conferred—

(a) at a parliamentary election by those rules in the parliamentary elections rules in Schedule 1 to the 1983 Act(12) which are specified in paragraph (2);

(b) at a European Parliamentary election, by those rules in the regulations made under section 7 of the 2002 Act(13) which correspond to the rules specified in paragraph (2);

(c) at a local government election, by those rules in the rules made under section 36 of the 1983 Act(14) which correspond to the rules specified in paragraph (2)(15));

(d) at a mayoral election, by those rules in regulations made under sections 44 and 105 of the 2000 Act which correspond to the rules specified in paragraph (2)(16);

(e) at a mayoral referendum, by those rules in regulations made under sections 45 and 105 of the 2000 Act which correspond to the rules specified in paragraph (2)(17);

and, where the proceedings on the issue and receipt of postal ballot papers at more than one election or referendum are taken together under regulation 65 of the 2001 Regulations, the functions conferred by Part 5 of those Regulations(18).

(2) The rules referred to in paragraph (1) are—

(a) rule 23(2) (notice of situation of polling stations etc)(19);

(b) where the proceedings on the issue and receipt of postal ballot papers at more than one election or referendum are taken together under regulation 65 of the 2001 Regulations, rule 24 (postal ballot papers)(20);

(c) rule 25 (provision of polling stations)(21);

(d) rule 26(1) and (2) (appointment of presiding officers and clerks) to the extent that that rule concerns the appointment of presiding officers and clerks to assist them;

(e) rule 29 (equipment of polling stations)(22);

(f) rule 31(a) (notification of requirement of secrecy at polling stations)(23);

(g) rule 32(3) (signature of certificate as to employment);

(h) rule 33(2)(b) (authorisation to order removal of persons from polling station); and

(i) in rule 45 (the count), paragraph (1), as substituted by paragraph 22 of Schedule 2, and paragraph (5)(24).

(3) In this regulation, references to regulation 65 and Part 5 of the 2001 Regulations include references to—

(a) the provisions in regulations made under section 7 of the 2002 Act which correspond to that regulation and that Part; and

(b) that regulation and that Part as applied by regulations made under sections 44 and 105 or 45 and 105 of the 2000 Act.

Modification of provisions about expenses in the 1983 Act

6.—(1) Where those functions of a returning officer at an election or referendum which are specified in regulation 5 are discharged by the returning officer at another election or referendum under regulation 4, references to the returning officer or his charges or expenditure in—

(a) subsections (3), (4), (4A), (4B), (5), (7) and (8) of section 29 (payments by and to returning officer)(25) of the 1983 Act;

(b) section 30 (taxation of returning officer’s account) of the 1983 Act; and

(c) subsections (4) to (6A)(26) of section 36 (local elections in England and Wales) of the 1983 Act,

shall, to the extent that such functions are so discharged, be construed as references to the returning officer who discharges those functions and his charges or expenditure in respect of those functions.

(2) The reference in section 36(6) of the 1983 Act to the returning officer or a person acting as returning officer requesting an advance in respect of his expenses shall, to the extent that those expenses relate to the functions specified in regulation 5, include a reference to the returning officer who under regulation 4 discharges those functions at the local government election, mayoral election or referendum.

(3) In relation to elections and referendums the polls at which are taken together under section 15(1) or (2) of the 1985 Act the Secretary of State may under section 29(3) of the 1983 Act include special provision for services rendered and expenses incurred in respect of the functions specified in regulation 5 and in respect of the remuneration of presiding officers and clerks by the returning officer who discharges those functions by virtue of regulation 4.

(4) In relation to elections and referendums the polls at which are taken together under section 15(1) or (2) of the 1985 Act or section 36(3), (3AB) or (3AC) of the 1983 Act—

(a) the council for a county, county borough, district or London borough;

(b) the Greater London Authority;

(c) the council for the district in which a parish is situated;

(d) the council for the county or county borough in which a community is situated,

may, in fixing a scale under subsections (4), (4B), (5) and (5A) respectively of section 36 of the 1983 Act(27) include special provision for expenses incurred in respect of the functions specified in regulation 5 and in respect of the remuneration of presiding officers and clerks by the returning officer who discharges those functions by virtue of regulation 4.

(5) In this regulation, references to any provision of an enactment include references to—

(a) any provision in regulations made under section 7 of the 2002 Act which corresponds to that provision; and

(b) that provision as applied by regulations made under sections 44 and 105 or 45 and 105 of the 2000 Act.

Modifications for 2004

7.—(1) This regulation shall have effect for the purposes of the European Parliamentary general election in 2004, the ordinary Authority election in 2004 the poll at which is to be taken together with the poll at that election and any other election or referendum the poll at which is to be taken together with the poll at the European Parliamentary election.

(2) In the case of the London electoral region—

(a) section 6(2)(28) of the 2002 Act shall not apply; and

(b) the returning officer for that electoral region shall be the GLRO,

but for all purposes he shall be treated as if he were the returning officer by virtue of provision made under section 6(2) of the 2002 Act.

(3) In the case of the London electoral region—

(a) in addition to any deputy the returning officer may appoint under regulation 7 of the 2004 Regulations, there shall be a designated deputy returning officer (“the designated deputy”);

(b) the designated deputy shall be the person who is the acting returning officer for the parliamentary constituency of Croydon Central;

(c) the designated deputy shall be entitled to recover charges in respect of services properly rendered by him as if he were a returning officer for the London electoral region, but for all other purposes he shall be treated as if he were a deputy appointed under regulation 7 of the 2004 Regulations.

(4) In the definition of a local counting area in regulation 2 of the 2004 Regulations so far as it applies to England and Wales the reference to a parliamentary constituency shall have effect as if it were a reference to—

(a) a district in England or a London borough;

(b) the City of London (including the Inner and Middle Temples), the Isle of Wight or the Isles of Scilly; or

(c) a county or county borough in Wales.

(5) In relation to each local counting area in England and Wales (within the meaning of paragraph (4))—

(a) section 6(5A)(a) of the 2002 Act and regulation 6(2) of the 2004 Regulations shall not apply; and

(b) the local returning officer for that local counting area shall be—

(i) except in the City of London local counting area, the person who is the returning officer for elections of councillors or for elections of London borough councillors (as the case may be) of the local government area that is coterminous with the local counting area; and

(ii) in the City of London local counting area, the person who is the returning officer at an election of a constituency member of the London Assembly for the Assembly constituency which includes the area of the City of London,

but for all purposes he shall be treated as if he were the local returning officer for that local counting area by virtue of section 6(5A)(a) of the 2002 Act and regulation 6(2) of the 2004 Regulations.

(6) Regulation 65 of the 2001 Regulations, and—

(a) that regulation as applied by regulations made under sections 44 and 105 or 45 and 105 of the 2000 Act; and

(b) paragraph 27 of Schedule 2 to the 2004 Regulations,

shall have effect as if for the words “may” to “agree” there were substituted the word “must”.

(7) The GLRO may include in an election booklet prepared by him under article 7 of the Greater London Authority Elections (Election Addresses) Order 2003(29) information for voters at the European Parliamentary election in the London electoral region that has been agreed by him with the Electoral Commission—

(a) about the system of voting at the European Parliamentary election;

(b) about how to vote at that election in a manner that will ensure a vote is regarded as validly cast,

but which—

(aa) does not contain any advertising material;

(bb) does not contain any material referring to an individual candidate or a registered party standing at the election or to the holder, at any time, of the office of member of the European Parliament; and

(cc) must be printed on not more than one side of A5 paper.

(8) Where the votes at the Authority election are counted by electronic means, as respects each local counting area comprised in the London electoral region the 2004 Regulations shall have effect as if Part 1 of Schedule 3 to those regulations were substituted by Schedule 1 to these Regulations.

Modification of parliamentary elections rules

8.—(1) Where the poll at a parliamentary election is to be taken with—

(a) the poll at an election under subsection (1) or (2) of section 15 of the 1985 Act; or

(b) the poll at a mayoral election or a referendum in accordance with regulations made under section 44 and 105 or 45 and 105 of the 2000 Act,

or two or more such polls, the parliamentary elections rules in Schedule 1 to the 1983 Act shall have effect subject to the provisions of Schedule 2.

Amendments to 2001 Regulations

9.  The amendments to the 2001 Regulations specified in Schedule 3 shall have effect.

Signed on behalf of the Secretary of State for Constitutional Affairs

Christopher Leslie

Parliamentary Under Secretary of State

Department for Constitutional Affairs

22nd March 2004