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

Functions at combined polls E+W

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(1) 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(2) 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(3) which correspond to the rules specified in paragraph (2)(4));

(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)(5);

(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)(6);

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(7).

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

(a) rule 23(2) (notice of situation of polling stations etc)(8);

(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)(9);

(c) rule 25 (provision of polling stations)(10);

(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)(11);

(f) rule 31(a) (notification of requirement of secrecy at polling stations)(12);

(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)(13).

(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.

Commencement Information

I1 Reg. 5 in force at 23.3.2004, see reg. 1(1)

(1)

Amended by the Representation of the People Act 1985 (c. 50), the Representation of the People Act 2000 (c. 2), and S.I. 1996/739. Other amendments are not relevant to these Regulations.

(2)

Amended by section 22 of the European Parliament (Representation) Act 2003 (c. 7).

(3)

Amended by section 17 of the Representation of the People Act 1985 (c. 50), Part I of Schedule 9, and Schedule 17 to the Local Government Act 1985 (c. 51), Part I of Schedule 13 to the Education Reform Act 1988 (c. 40), paragraph 68(8) of Schedule 16, and Schedule 18 to the Local Government (Wales) Act 1994 (c. 19), paragraph 17 of Schedule 3 to the Local Government and Rating Act 1997 (c. 29), paragraphs 1 and 4(1) to (4) of Schedule 3 to the Greater London Authority Act 1999 (c. 29) and Part 1 of the Schedule to S.I. 1999/1730.

(4)

S.I. 1986/2214, S.I. 1986/2215 and S.I. 2000/427; which were amended by S.I. 2004/223, S.I. 2004/224 and S.I. 2004/227 respectively.

(5)

S.I. 2002/185; which was amended by S.I. 2004/225.

(6)

S.I. 2001/1298; which was amended by S.I. 2004/226.

(7)

In Part V Regulation 72 was amended by Regulation 12 of S.I. 2002/1871, Regulation 77 was amended by Regulation 13(1), (2) and (3) of S.I. 2002/1871 and Regulation 85 by Regulation 2(1) of 2002/1871.

(8)

Amended by paragraph 77 of Schedule 4, and Schedule 5 to the Representation of the People Act 1985 (c. 50).

(9)

Substituted by paragraphs 3 and 10(1) and (3) of Schedule 6 to the Representation of the People Act 2000 (c. 2).

(10)

Rule 25(4) was amended by paragraph 5(5)(b) of Schedule 1 to S.I. 1996/739.

(11)

Rule 29(3A) was inserted by section 13(1) and (2) of the Representation of the People Act 2000 (c. 2) and rule 29(5) was amended by paragraph 79 of Schedule 4 to the Representation of the People Act 1985 (c. 50).

(12)

Substituted by paragraph 80 of Schedule 4 to the Representation of the People Act 1985 (c. 50).

(13)

Rule 45(1) and (1A) were substituted for (1), as originally enacted, by paragraph 82 of Schedule 4 to the Representation of the People Act 1985 (c. 50).