The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005

Article 2(12)

SCHEDULE 12 AMENDMENTS TO SUBORDINATE LEGISLATION RELATING TO LOCAL GOVERNMENT ELECTIONS, GREATER LONDON AUTHORITY ELECTIONS, LOCAL AUTHORITY REFERENDUMS AND LOCAL AUTHORITY MAYORAL ELECTIONS

PART 1 AMENDMENTS TO SUBORDINATE LEGISLATION RELATING TO LOCAL GOVERNMENT ELECTIONS

Local Elections (Principal Areas) Rules 1986

1.—(1) Amend the Local Elections (Principal Areas) Rules 1986(1) as follows.

(2) In Schedule 2 (Rules for conduct of an election of councillors of a principal area where poll is not taken together with poll at another election)—

(a) in rule 29(2), for “husband [wife]” (in each place) substitute “spouse, civil partner”;

(b) in rule 33(3)(b), for “husband, wife” substitute “spouse, civil partner”;

(c) in rule 38(2)(b), for “wives or husbands” substitute “spouses or civil partners”; and

(d) in the Appendix of forms, in the proxy’s official poll card, for “husband, wife”, which appear in the fourth paragraph on the back of the card, substitute “spouse, civil partner”.

(3) In Schedule 3 (Rules for conduct of an election of councillors of a principal area where the poll is taken together with the poll at a relevant election or referendum)—

(a) in rule 29(2), in the first question, for “husband [wife]” substitute “spouse, civil partner”;

(b) in rule 29(2), in the second question, for “husband [wife]” substitute “spouse, civil partner”;

(c) in rule 33(3)(b), for “husband, wife” substitute “spouse, civil partner”;

(d) in rule 38(1B)(b), for “wives or husbands” substitute “spouses or civil partners”; and

(e) in the Appendix of forms, in the proxy’s official poll card, for “husband, wife”, which appear in the fourth paragraph on the back of the card, substitute “spouse, civil partner”.

Local Elections (Parishes and Communities) Rules 1986

2.—(1) Amend the Local Elections (Parishes and Communities) Rules 1986(2) as follows.

(2) In Schedule 2 (Rules for conduct of an election of councillors of a parish or community where poll is not taken together with poll at another election)—

(a) in rule 29(2), for “husband [wife]”(in each place) substitute “spouse, civil partner”;

(b) in rule 33(3)(b), for “husband, wife” substitute “spouse, civil partner”;

(c) in rule 38(2)(b), for “wives or husbands” substitute “spouses or civil partners”; and

(d) in the Appendix of forms, in the proxy’s official poll card, for “husband, wife”, which appear in the fourth paragraph on the back of the card, substitute “spouse, civil partner”.

(3) In Schedule 3 (Rules for conduct of an election of councillors of a parish or community where the poll is taken together with the poll at a relevant election or referendum)—

(a) in rule 29(2), for “husband [wife]” (in each place) substitute “spouse, civil partner”;

(b) in rule 33(3)(b), for “husband, wife” substitute “spouse, civil partner”;

(c) in rule 38(1B)(b), for “wives or husbands” substitute “spouses or civil partners”; and

(d) in the Appendix of forms, in the proxy’s official poll card, for “husband, wife”, which appear in the fourth paragraph on the back of the card, substitute “spouse, civil partner”.

Parish and Community Meetings (Polls) Rules 1987

3.  In the Schedule (Poll rules) to the Parish and Community Meetings (Polls) Rules 1987(3)—

(a) in rule 14(a), for “wives and husbands” substitute “spouses and civil partners”;

(b) in rule 21(3)(b), for “husband, wife” substitute “spouse, civil partner”; and

(c) in rule 26(2)(b), for “wives or husbands” substitute “spouses or civil partners”.

Local Elections (Communities) (Welsh Forms) Order 1987

4.—(1) Amend the Schedule to the Local Elections (Communities) (Welsh Forms) Order 1987(4) as follows.

(2) In Part I, in the further questions to be put to a person applying as a proxy for a ballot paper—

(a) in the first question, for “gwr (gwraig)” substitute “priod, partner sifil”; and

(b) in the second question, for “wêr (gwraig)” substitute “briod, partner sifil”.

(3) In Part III, in the proxy’s official poll card / cerdyn pleidleisio swyddogol y dirprwy—

(a) for “husband, wife”, which appear in the fourth paragraph of the English language text on the back of the card, substitute “spouse, civil partner”; and

(b) for “wr, gwraig”, which appear in the fourth paragraph of the Welsh language text on the back of the card, substitute “briod, partner sifil”.

Local Elections (Principal Areas) (Welsh Forms) Order 1987

5.  Amend the Schedule to the Local Elections (Principal Areas) (Welsh Forms) Order 1987(5) as follows.

(1) In Part I, in the further questions to be put to a person applying as a proxy for a ballot paper—

(a) in the first question, for “gwr (gwraig)” substitute “priod, partner sifil”; and

(b) in the second question, for “wr (gwraig)” substitute “briod, partner sifil”.

(2) In Part III, in the proxy’s official poll card / cerdyn pleidleisio swyddogol y dirprwy—

(a) for “husband, wife”, which appears in the fourth paragraph of the English language text on the back of the card, substitute “spouse, civil partner”; and

(b) for “wr, gwraig”, which appears in the fourth paragraph of the Welsh language text on the back of the card, substitute “briod, partner sifil”.

Local Elections (Communities) (Welsh Forms) Order 2004

6.—(1) Amend the Schedule to the Local Elections (Communities) (Welsh Forms) Order 2004(6) (Forms), as follows.

(2) In Part 1 (Forms in Welsh), in the further questions to be put to a person applying as a proxy for a ballot paper—

(a) in the first question, for “gwr [gwraig]” substitute “priod, partner sifil”; and

(b) in the second question, for “wr, gwraig” substitute “briod, partner sifil”.

(3) In Part 2 (Forms partly in Welsh and partly in English), in the cerdyn pleidleisio swyddogol dirprwy / proxy’s official poll card—

(a) for “husband, wife”, which appears in the fourth paragraph of the English language text on the back of the card, substitute “spouse, civil partner”; and

(b) for “wr, gwraig”, which appears in the fourth paragraph of the Welsh language text on the back of the form, substitute “briod, partner sifil”.

Local Elections (Principal Areas) (Welsh Forms) Order 2004

7.—(1) Amend the Schedule to the Local Elections (Principal Areas) (Welsh Forms) Order 2004(7) (Forms) as follows.

(2) In Part 1 (Forms in Welsh), in the further questions to be put to a person applying as a proxy for a ballot paper—

(a) in the first question, for “gwr [gwraig]” substitute “priod, partner sifil”; and

(b) in the second question, for “wr, gwraig” substitute “briod, partner sifil”.

(3) In Part 2 (Forms partly in Welsh and partly in English), in the cerdyn pleidleisio swyddogol dirprwy / proxy’s official poll card—

(a) for “husband, wife”, which appears in the fourth paragraph of the English language text on the back of the card, substitute “spouse, civil partner”; and

(b) for “wr, gwraig”, which appears in the fourth paragraph of the Welsh language text on the back of the form, substitute “briod, partner sifil”.

PART 2 AMENDMENTS TO SUBORDINATE LEGISLATION RELATING TO GREATER LONDON AUTHORITY ELECTIONS

Greater London Authority Elections (No. 2) Rules 2000

8.—(1) Amend the Greater London Authority Elections (No. 2) Rules 2000(8) as follows.

(2) In Schedule 1 (The Constituency Members Election Rules)—

(a) in rule 30(2), for “husband [wife]” (in each place) substitute “spouse, civil partner”;

(b) in rule 34(3)(b), for “husband, wife” substitute “spouse, civil partner”; and

(c) in rule 39(2)(b), for “husbands or wives” substitute “spouses or civil partners”.

(3) In Schedule 2 (The London Members Election Rules)—

(a) in rule 31(2), for “husband [wife]” (in each place) substitute “spouse, civil partner”;

(b) in rule 35(3)(b), for “husband, wife” substitute “spouse, civil partner”; and

(c) in rule 40(2)(b), for “husbands or wives” substitute “spouses or civil partners”.

(4) In Schedule 3 (The Mayoral Election Rules)—

(a) in rule 31(2), for “husband [wife]” (in each place) substitute “spouse, civil partner”;

(b) in rule 35(3)(b), for “husband, wife” substitute “spouse, civil partner”; and

(c) in rule 40(2)(b), for “husbands or wives” substitute “spouses or civil partners”.

(5) In Schedule 5 (Forms), in form 11 (Proxy’s official poll card), for “husband, wife”, which appear in the fourth paragraph on the back of the card, substitute “spouse, civil partner”.

(6) In Schedule 8 (Rules for conduct of an election of constituency members where the poll is taken together with the poll at any other election or referendum – the Constituency Members Election Rules)—

(a) in rule 32(2), for “husband [wife]” (in each place) substitute “spouse, civil partner”;

(b) in rule 36(3)(b), for “husband, wife” substitute “spouse, civil partner”; and

(c) in rule 41(4)(b), for “husbands or wives” substitute “spouses or civil partners”.

(7) In Schedule 9 (Rules for conduct of an election of London members of the London Assembly where the poll is taken together with the poll at any other election or referendum – the London Members Election Rules)—

(a) in rule 33(2), for “husband [wife]” (in each place) substitute “spouse, civil partner”;

(b) in rule 37(3)(b), for “husband, wife” substitute “spouse, civil partner”; and

(c) in rule 42(4)(b), for “husbands or wives” substitute “spouses or civil partners”.

(8) In Schedule 10 (Rules for conduct of an election of the Mayor of London where the poll is taken together with the poll at any other election or referendum – the Mayoral Election Rules)—

(a) in rule 33(2), for “husband [wife]” (in each place) substitute “spouse, civil partner”;

(b) in rule 37(3)(b), for “husband, wife” substitute “spouse, civil partner”; and

(c) in rule 42(4)(b), for “husbands or wives” substitute “spouses or civil partners”.

PART 3 AMENDMENTS TO SUBORDINATE LEGISLATION RELATING TO LOCAL AUTHORITY REFERENDUMS

Local Authorities (Conduct of Referendums) (England) Regulations 2001

9.—(1) Amend the Local Authorities (Conduct of Referendums) (England) Regulations 2001(9) as follows.

(2) In Schedule 3 (Application, with modifications, of Acts and Statutory Instruments)—

(a) in table 2 (Representation of the People Act 1983), in the modification of section 61 subsections (2) to (4), for “husband, wife”, which appear in the modified section 61(4), substitute “spouse, civil partner”; and

(b) in table 3 (Local Elections (Principal Areas) Rules 1986), in the modification of rule 29, for “husband [wife]”, which appear in the substituted rule 29(2B), (in each place) substitute “spouse, civil partner”.

(3) In Schedule 5 (Combination of Polls) in Part II (Combined polls at referendums: modifications to Schedule 3 to the Principal Areas Rules) for “husband [wife]”, which appear in the substituted rule 29(2B), (in each place) substitute “spouse, civil partner”.

PART 4 AMENDMENTS TO THE SUBORDINATE LEGISLATION RELATING TO LOCAL AUTHORY MAYORAL ELECTIONS

Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002

10.—(1) Amend the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002(10) as follows.

(2) In Schedule 1 (The Mayoral Elections Rules)—

(a) in rule 31(2), for “husband, wife” (in each place) substitute “spouse, civil partner”;

(b) in rule 35(3)(b)(ii), for “husband, wife” substitute “spouse, civil partner”;

(c) in rule 40(2)(b), for “husbands or wives” substitute “spouses or civil partners”; and

(d) in the Appendix of forms, in form 7 (Proxy’s official poll card), for “husband, wife”, which appear in the fourth paragraph on the back of the card, substitute “spouse, civil partner”.

(3) In Schedule 3 (Rules for the conduct of a Mayoral election where the poll is taken together with the poll at a relevant election or referendum – the Mayoral Elections (Combination of Polls) Rules)—

(a) in rule 31(2), in the first question, for “husband [wife]” substitute “spouse, civil partner”;

(b) in rule 31(2), in the second question, for “husband, wife” substitute “spouse, civil partner”;

(c) in rule 35(3)(b)(ii), for “husband, wife” substitute “spouse, civil partner”;

(d) in rule 40(1B)(b), for “wives or husbands” substitute “spouses or civil partners”; and

(e) in the Appendix of forms, in form 7 (Proxy’s official poll card), for “husband, wife”, which appear in the fourth paragraph on the back of the card, substitute “spouse, civil partner”.

(1)

S.I. 1986/2214, relevant amending instruments are S.I. 1990/158, 2001/81, 2004/223.

(2)

S.I. 1986/2215, relevant amending instruments are S.I. 2001/80, 2004/224.

(3)

S.I. 1987/1, to which there is an amendment not relevant to this Order.

(4)

S.I. 1987/561, to which there are amendments not relevant to this Order.

(5)

S.I. 1987/562, to which there are amendments not relevant to this Order.

(6)

S.I. 2004/1233.

(7)

S.I. 2004/1234.

(8)

S.I. 2000/427, amended by S.I. 2001/3789, 2004/227; there is another amending instrument which is not relevant.

(9)

S.I. 2001/1298, to which there are amendments not relevant to this Order.

(10)

S.I. 2002/185, amended by S.I. 2004/225.