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

Returning officers and polling stations E+W

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(1) 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(2) (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(3),

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(4) for the Assembly constituency in which the functions specified in regulation 5 are to be discharged.

Commencement Information

I1 Reg. 4 in force at 23.3.2004, see reg. 1(1)

(1)

See section 203 of the Representation of the People Act 1983 (c. 2): an “Authority election” means (a) any election of the Mayor of London; (b) any election of a constituency member of the London Assembly; or (c) the election of the London members of the London Assembly at an ordinary election.

(2)

The section heading and subsections (1) and (3) were amended by section 3 of the of the European Communities Amendment Act 1986 (c. 58), substituting the words “European Parliament” for “European Assembly”.

(3)

Subsection (3) was substituted, for subsection (3), as originally enacted, by section 17 of the Representation of the People Act 1985 (c. 50) and further amended by paragraph 68(8) of Schedule 16 to, and Schedule 18 to, the Local Government (Wales) Act 1994 (c. 19); subsection (3AB) was inserted by paragraph 68(8) of Schedule 16 to the Local Government (Wales) Act 1994;and subsection (3AC) was inserted by paragraph 17 of Schedule 3 to the Local Government and Rating Act 1997 (c. 29).

(4)

See the Greater London Authority (Assembly Constituencies and Returning Officers) Order 1999 (S.I. 1999/3380).