The Local Elections (Principal Areas) (England and Wales) Rules 2006

Citation, commencement, extent and revocations

1.—(1) These Rules may be cited as The Local Elections (Principal Areas) (England and Wales) Rules 2006.

(2) These Rules come into force on 2 January 2007 except for the purposes of an election if the last date for the publication of the notice of election for that election was, or will be, prior to 27 March 2007.

(3) These Rules shall not extend to Scotland or Northern Ireland.

(4) Subject to paragraph (2), the statutory instruments listed in column 1 of Schedule 1 to these Rules (which have the reference listed in column 2) are revoked to the extent indicated in column 3 of that Schedule.

Interpretation

2.—(1) In these Rules,

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

“Assembly constituency” shall have the same meaning as in section 2(4) and (5) of the Greater London Authority Act 1999(1);

“the Combination of Polls Regulations” means the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004(2);

“counting observer” shall have the same meaning as in regulation 2(1) of the [F1 Local Authorities (Conduct of Referendums) (England) Regulations 2012];

“counting officer” shall have the same meaning as in regulation 2(1) of the [F1 Local Authorities (Conduct of Referendums) (England) Regulations 2012];

“European Parliamentary election” shall have the same meaning as in section 27(1) of the Representation of the People Act 1985(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 or any person acting on his behalf(4);

“local counting area” shall have the same meaning as in regulation 2(1) of the European Parliamentary Elections Regulations 2004(5);

“mayoral election” means an election conducted under the [F2 Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007];

“petition organiser” shall have the same meaning as in regulation 3 of the Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000(6);

[F3 “police and crime commissioner election” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the 2011 Act;]

“polling observer” shall have the same meaning as in regulation 2(1) of the [F1 Local Authorities (Conduct of Referendums) (England) Regulations 2012];

“principal area” means, in England, a county, district or London borough and, in Wales, a county or county borough;

“referendum” means a referendum conducted under the [F1 Local Authorities (Conduct of Referendums) (England) Regulations 2012];

“voting area” shall have the same meaning as in regulation 2 of the [F1 Local Authorities (Conduct of Referendums) (England) Regulations 2012].

(2) In these Rules, “relevant election or referendum” means one or more of the following—

(a) a Parliamentary election(7);

(b) a European Parliamentary election;

(c) another local government election;

(d) a mayoral election;

(e) a referendum; and

(f) [F4 a police and crime commissioner election,]

the poll at which is taken together with the poll at the principal area election.

(3) In the case of a referendum, a reference to—

(a) a “candidate” shall be construed as a reference to a petition organiser;

(b) an “election agent” or a “counting agent” shall be construed as a reference to a counting

observer;

(c)

a “polling agent” shall be construed as a reference to a polling observer; and

(d)

a “returning officer” shall be construed as a reference to a counting officer.

Textual Amendments

F1 Words in rule 2 substituted (6.4.2014 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Principal Areas) (England and Wales) (Amendment) Rules 2014 (S.I. 2014/494), art. 1(2), rule 2(2)

F2 Words in rule 2 substituted (6.4.2014 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Principal Areas) (England and Wales) (Amendment) Rules 2014 (S.I. 2014/494), art. 1(2), rule 2(3)

F3 Words in rule 2(1) inserted (25.7.2012) by The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917), art. 1(2), Sch. 4 para. 10(2)(a)

F4 Words in rule 2(2) inserted (25.7.2012) by The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917), art. 1(2), Sch. 4 para. 10(2)(b)

Modifications etc. (not altering text)

C1 Rule 2 applied (with modifications) (E.) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 9 (with reg. 27)

C2 Rule 2 modified (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 2 para. 16 (as amended (6.4.2014) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014 (S.I. 2014/333), regs. 1(6), 11 (with reg. 1(7))

Elections Rules

3.  In the application of the parliamentary elections rules to the election of councillors of the council of a principal area where the poll at that election is not taken together with the poll at another election under section 36(3), (3AB) or (3AC) of the 1983 Act(8) or section 15(1) or (2) of the Representation of the People Act 1985(9), adaptations, alterations and exceptions shall be made to those rules so that the election shall be conducted in accordance with the Rules set out in Schedule 2 to these Rules.

Combination of polls

4.  Where the poll at an election of councillors to the council of a principal area is to be taken together with the poll at a relevant election or referendum(10), the Rules set out in Schedule 2 shall apply to the principal area election as shown modified in Schedule 3.

Signed by authority of the Secretary of State

Bridget Prentice

Parliamentary Under Secretary of State

Department for Constitutional Affairs

12th December 2006