The Police and Crime Commissioner Elections Order 2012

1Citation and commencement

2Interpretation

3Meaning of “candidate”

PART 2Exercise of franchise for PCC elections

4Effect of register of electors

5Effect of misdescription

6Discharge of registration duties

7Payment of expenses of registration

8Effect of registration appeals

Conduct of elections

9Supply of register of electors

10Polling districts and places at PCC elections

11Manner of voting at PCC elections

12Conduct of PCC elections

13Combination of polls

13ACombination of polls: Senedd Cymru

14Further provision about persons involved in conduct of PCC elections

15Validity of PCC election

16Loan of equipment for PCC elections

18Other voting offences

19Breach of official duty

20Tampering with nomination papers, ballot papers etc

21False statements in nomination papers etc

22Requirement of secrecy

23Prohibition on publication of exit polls

PART 3The election campaign

Registration, funding and expenditure of political parties and others

24Amendment of Political Parties, Elections and Referendums Act 2000

25Amendment of section 62 of the Electoral Administration Act 2006

The election agent

26Appointment of election agent

27Nomination of sub-agent

28Office of election agent and sub-agent

29Effect of default of election agent's appointment

Donations to candidates

30Control of donations to candidates

Candidate election expenses

31Payment of candidate election expenses through election agent

32Candidate election expenses which may be paid otherwise than by election agent

33Candidate election expenses incurred otherwise than for election purposes

34Prohibition of candidate election expenses not authorised by election agent

35Limitation of candidate election expenses

36Power to vary provisions about candidate election expenses

37Time for sending in and paying claims

38Disputed claims

39Election agent's claim

40Return as to candidate election expenses

41Declarations as to candidate election expenses

42Circumstances in which no return or declaration required

43Penalty for failure as respects return or declarations

44Disqualification where no return and declarations transmitted after PCC election

45Authorised excuses for failures as to return and declarations

46Court's power to require information from election agent or sub-agent

47Police area returning officer to forward returns and declarations to the Commission

48Publication of time and place for inspection of returns and declarations

49Inspection of returns and declarations

50Meaning of “election expenses”

51Property, goods, services etc provided free of charge or at a discount

52Publication of election addresses of candidates

53Broadcasting from outside United Kingdom

54Broadcasting of local items during election

55Imitation poll cards

Election meetings

56Schools and rooms for PCC election meetings

57Making arrangements for the purposes of article 56

58Disturbances at election meetings

Agency by election officials and canvassing by police officers

59Officials not to act for candidates

60Illegal canvassing by police officers

Other illegal practices, payments or employments

61False statements as to candidates

62Corrupt withdrawal from candidature

63Payments for exhibition of election notices

64Details to appear on election publications

65Prohibition of paid canvassers

66Providing money for illegal purposes

Bribery, treating and undue influence

69Undue influence

70Rights of creditors

71Savings as to PCC elections

72Interpretation of Part 3

73Computation of time for purposes of Part 3

PART 4Legal Proceedings

74Application to PCC elections of existing provisions about legal proceedings

75Persons reported personally guilty of corrupt and illegal practices

76Avoidance of election for employing corrupt agent

77Incapacities on conviction of corrupt or illegal practice

78Incapacity to hold public or judicial office: Scotland

PART 5Miscellaneous and supplemental

79Duty to notify appropriate officer of failure of PCC election

80Consequences where PCC election fails or is declared void

81Validity of acts where PCC election declared void

82Access to marked registers and other documents open to public inspection after an election

83Advertisements

85Translations etc of certain documents

86Public notices and declarations

87Sending of applications and notices; electronic signatures and related certificates

88Publication of documents

89Interference with notices

SCHEDULE 1Supply of register

1Supply of free copy of register for electoral purposes and restrictions on use

2Supply on request and specific restrictions

3Supply of register etc to police and crime commissioner and restrictions on use

4Supply of register etc to candidates and restrictions on use

5Supply of register etc to certain candidates and restrictions on use

SCHEDULE 2Absent voting in PCC elections

PART 1Manner of voting at PCC election and entitlement to absent vote

1Manner of voting at PCC elections

2Entitlement to absent vote at PCC elections

3Application to vote by post or proxy at a particular PCC election

4Absent voter lists

5Proxies at PCC elections: appointment

6Proxies at PCC elections: entitlement to vote

7Voting as proxy

8Use of personal identifier information

9Offences as to declarations or forms used for purposes of postal and proxy vote applications

10Other offences as to postal and proxy vote applications

PART 2Applications for absent vote

11General requirements for applications for absent vote

Additional requirements for certain applications

12Additional requirements: applications where address for ballot papers differs from address in application

13Additional requirements: applications for ballot papers to be sent to different address from address in record

14Additional requirements: applications for the appointment of a proxy in respect of a particular PCC election

14AAdditional requirements: applications for the appointment of a proxy on grounds relation to voter identification

15Additional requirements referred to in paragraph 14(4)

15AAdditional requirements referred to in paragraph 14(5A)

15BAdditional requirements for an application under paragraph 3(2) for a proxy vote: grounds related to voter identification

Determination of applications

16Closing date for applications

16AGrounds relating to voter identification

17Grant or refusal of applications

Changes affecting proxy votes

18Cancellation of proxy appointment

Evidence of entitlement to absent vote

19Marked register for polling stations

20Absent voting lists: supply of copies etc

21Absent voting lists: inspection

22Supply and inspection of absent voting lists: general provisions

23Restrictions on supply and disclosure of absent voter records or lists

24Restriction on use of absent voter records or lists or the information contained in them

25Supply and inspection of absent voting lists: offences

26The personal identifiers record

27Applications requiring applicants' signature

PART 3Issue and receipt of ballot papers

28Interpretation

Issue of postal ballot papers etc

29Combination of polls

30Form of postal voting statement...

31Persons entitled to be present at proceedings on issue of postal ballot papers

32Persons entitled to be present at proceedings on receipt of postal ballot papers

33Agents of candidates who may attend proceedings on receipt of postal ballot papers

34Notification of requirement of secrecy

35Time when postal ballot papers etc. are to be issued

36Procedure on issue of postal ballot paper

37Refusal to issue postal ballot paper

39Sealing up of completed corresponding number lists and security of special lists

40Delivery of postal ballot papers

41Spoilt postal ballot papers

42Lost postal ballot papers

42ACancellation of postal ballot papers

Receipt of postal ballot papers etc

43Alternative means of returning postal ballot paper or postal voting statement

44Notice of opening of postal ballot paper envelopes

45Postal ballot boxes and receptacles

46Receipt of covering envelope

47Opening of postal voters' ballot box

48Opening of covering envelopes

49Confirming receipt of postal voting statements

50Procedure in relation to postal voting statements

51Procedure in relation to postal voting statements: personal identifier verification

52Postal voting statements: additional personal identifier verification

53Opening of ballot paper envelopes

54Retrieval of cancelled postal ballot papers

55Lists of rejected postal ballot papers

56Checking of lists of rejected ballot papers

57Sealing of packets

58Abandoned poll

59Forwarding of documents

59ANotification of a rejected postal voting statement

59BRequirement to provide fresh signatures following rejection of a postal voting statement

PART 4Forms referred to in Parts 1 to 3 of this Schedule

SCHEDULE 3Rules for the conduct of PCC elections where poll not taken together with poll at another election

PART 1Rules for all PCC elections

GENERAL PROVISIONS

2Modification of timetable for the ordinary election in 2012

3Computation of time

PART 2Stages common to contested and uncontested elections

NOTICE OF ELECTION

4Notice of PCC election

NOMINATION OF CANDIDATES

5Nomination of candidates

6Nomination papers: name of registered political party

7Subscription of nomination paper

8Consent to nomination

10Place for delivery of nomination papers and right to attend nomination

11Decisions as to validity of nomination papers

12Correction of minor errors

13Publication of statement of persons nominated

14Local publication of statement under rule 13

15Withdrawal of candidates

16Nomination in more than one police area

METHOD OF ELECTION

17Method of election: contested and uncontested election

PART 3Contested PCC elections

GENERAL PROVISIONS

18Poll to be taken by ballot

19The ballot papers

20Corresponding number list

21The official mark

22Prohibition of disclosure of vote

23Use of schools and public rooms

ACTION TO BE TAKEN BEFORE THE POLL

24Notice of poll

25Postal ballot papers

26Provision of polling stations

27Appointment of presiding officers and polling clerks

28Issue of official poll cards

29Equipment of polling stations

30Notices for the guidance of voters

31Appointment of polling and counting agents

32Notification of requirement of secrecy

33Return of postal ballot papers

34Admission to polling stations

35Keeping of order in polling station

36Sealing of ballot boxes

37Questions to be put to voters

38Challenge of voter

39Voting procedure

40Votes marked by the presiding officer

41Voting by persons with disabilities

42Tendered ballot papers: circumstances where available

43Tendered ballot papers: general provisions

43ARefusal to deliver ballot paper

44Spoilt ballot papers

45Correction of errors on the day of the poll

46Adjournment of poll in case of riot

47Procedure on close of poll

COUNTING OF VOTES

Verification of ballot paper accounts

48Attendance at verification

49Procedure at verification of ballot paper accounts

50Additional steps: verification and count carried out at different places

The first count

51Attendance at the ... count

52The first count

53Rejected ballot papers

55Direction to conduct a re-count

56Decisions on ballot papers

57Procedure at conclusion of the first count

The central calculation

58Attendance at the central calculation

59The ... calculation and resolution of equality

PART 4Further provision: three or more candidates

60Counting of second preference votes

61The second calculation and resolution of equality

PART 5Final proceedings in contested and uncontested elections

62Declaration of result

63Return or forfeiture of candidate's deposit

64Destruction of home address forms

PART 6Disposal of documents

65Sealing up of ballot papers

66Delivery of documents

67Orders for production of documents

68Retention of documents by relevant registration officer

PART 7Death of candidate

69Countermand or abandonment of poll on death of a candidate

PART 8Forms referred to in Parts 1 to 7 of this Schedule

SCHEDULE 4Combination of polls

PART 1Application to PCC elections of existing provisions in Acts

Representation of the People Act 1985

1(1) Section 15 of the Representation of the People Act...

PART 2Amendment of existing provisions in secondary legislation

The European Parliamentary Elections Regulations 2004

2(1) The European Parliamentary Elections Regulations 2004 are amended as...

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

3The Representation of the People (Combination of Polls) (England and...

4In regulation 2 (interpretation)— (a) after the definition of “2002...

5(1) Regulation 4 (returning officers and polling stations) is amended...

6(1) Regulation 5 (functions at combined polls) is amended as...

7In regulation 6(5) (modification of provisions about expenses in the...

8In regulation 8 (modification of parliamentary elections rules)—

9In paragraph 2 of Schedule 2 (definitions for the purposes...

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

10(1) The Local Elections (Principal Areas) (England and Wales) Rules...

The Local Elections (Parishes and Communities) (England and Wales) Rules 2006

11(1) The Local Elections (Parishes and Communities) (England and Wales)...

The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007

12(1) The Local Authorities (Mayoral Elections) (England and Wales) Regulations...

PART 3Modifications to PCC elections rules

13(1) The PCC election rules are modified in accordance with...

GENERAL PROVISIONS

14Computation of time

CONTESTED PCC ELECTIONS: GENERAL PROVISIONS

15The ballot papers

16Corresponding number lists: proceedings on issue and receipt of ballot papers combined

17Corresponding number lists: proceedings on issue and receipt of ballot papers not combined

18Use of schools and public rooms

ACTION TO BE TAKEN BEFOR0E THE POLL

19Notice of poll

20Postal ballot papers

21Provision of polling stations

22Appointment of presiding officers and polling clerks

23Issue of official poll cards

24Equipment of polling stations

25Notices for the guidance of voters

26Appointment of polling and counting agents

27Notification of requirement of secrecy

28Return of postal ballot papers

CONTESTED PCC ELECTIONS: THE POLL

29Admission to polling station

30Keeping of order in polling station

31Voting procedure

32Votes marked by the presiding officer

33Voting by persons with disabilities

34Tendered ballot papers: general provisions

35Correction of errors on the day of the poll

36Adjournment of poll in case of riot

37Procedure on close of the poll

COUNTING OF VOTES

38Attendance at verification

39Procedure at verification of ballot paper accounts

40Additional steps: verification and count carried out at different places

41Attendance at the first count

42The first count

43Sealing up of ballot papers

44Delivery of documents

PART 4Forms referred to in Part 3 of this Schedule

PART 5Application of Parts 3 and 4 to PCC elections combined with Senedd elections

47Modification of paragraph 13 (interpretation)

48Modification of paragraphs 16 and 17 (corresponding number lists)

49Modification of paragraph 19 (notice of poll)

49AModification of paragraph 23 (issue of official poll cards)

50Modification of paragraph 35 (correction of errors on day of the poll)

51Modification of paragraph 42 (the ... count)

52Countermand or abandonment of poll on death of candidate

SCHEDULE 5Control of donations to candidates

PART 1Introductory

Operation and interpretation of Schedule

1(1) This Schedule has effect for controlling donations to candidates...

Donations: general rules

2(1) “Donation”, in relation to a candidate at a PCC...

3(1) For the purposes of this Schedule, sponsorship is provided...

Payments etc not to be regarded as donations

4(1) None of the following is to be regarded as...

Value of donations

5(1) The value of any donation falling within paragraph 2(1)(a)...

PART 2Controls on donations

Prohibition on accepting donations from impermissible donors

6(1) A relevant donation received by a candidate or the...

Acceptance or return of donations

7(1) Sections 56 to 60 of the 2000 Act apply...

Transfer of donations received by candidate to election agent

8(1) Sub-paragraph (2) applies in relation to any relevant donation...

Evasion of restrictions on donations

9Section 61 of the 2000 Act applies for the purposes...

PART 3Reporting of Donations

Statement of relevant donations

10(1) The candidate's election agent must include in any return...

Donations from permissible donors

11The statement must record, in relation to each relevant donation...

Donations from impermissible donors

12(1) This paragraph applies to relevant donations falling within paragraph...

SCHEDULE 6Return and declarations as to candidate election expenses

1These are the forms referred to in articles 34(7) and...

SCHEDULE 7Candidate election expenses

PART 1List of Matters

1Advertising of any nature (whatever the medium used). Expenses in...

2Unsolicited material addressed to electors (whether addressed to them by...

3Transport (by any means) of persons to any place. Expenses...

4Public meetings (of any kind). Expenses in respect of such...

5The services of an election agent or any other person...

6Accommodation and administrative costs.

PART 2General Exclusions

7The payment of any deposit required by rule 9 of...

7A(1) Any matter that is reasonably attributable to the candidate’s...

8The publication of any matter, other than an advertisement, relating...

9The preparation and submission of a candidate's election address in...

10The provision of any facilities provided in pursuance of any...

11The provision by an individual of his or her own...

12(1) Accommodation which is the candidate's sole or main residence....

13(1) Transport by a means of transport which was acquired...

14(1) Computing or printing equipment which was acquired by the...

PART 3Supplemental

15(1) The Commission may prepare, and from time to time...

Power to amend Parts 1 and 2

16(1) The Secretary of State may by order made by...

SCHEDULE 8Election addresses of candidates

PART 1Requirements as to election addresses and website

1Interpretation

2Deadline for submission of election addresses to police area returning officer

3Content of election address to be determined by candidate

4Preparation and submission of election address

5Content of election address

6Formatting and length of election address

7Duty of police area returning officer in relation to election address

8Deadline for submission of election addresses to Secretary of State

9Candidate's right to comment in advance on the election address in template form

10Election addresses included in the website

11Liability for election addresses

13Request for printed version of election addresses

PART 2Form in which election address to be submitted

SCHEDULE 9Application to PCC elections of existing provisions about legal proceedings

PART 1Representation of the People Act 1983

1(1) The provisions of Part 3 of the 1983 Act...

PART 2Election Petition Rules 1960

2(1) The Election Petition Rules 1960 apply for the purposes...

SCHEDULE 10Access to marked registers and other documents open to public inspection after an election

1Interpretation of this Schedule

2Supply of marked registers and lists after an election

3Inspection of documents open to public inspection

4Restrictions on use, supply and disclosure of documents by registration officer and staff

5Other restrictions on use of documents or information contained in them

6Calculating the fee for supply of marked registers or lists

7Failure to comply with conditions relating to supply etc of certain documents

2012 No. 1917

Police, England And Wales

The Police and Crime Commissioner Elections Order 2012

Made24th July 2012

Coming into force in accordance with article 1(2)

M1This Order is made by the Secretary of State in exercise of the powers conferred by sections 58(1) and (5) and 154(5) of the Police Reform and Social Responsibility Act 2011 .

M2The Secretary of State has consulted the Electoral Commission about this Order in accordance with section 7(2)(hc) of the Political Parties, Elections and Referendums Act 2000 .

In accordance with section 154(2)(b) of the Police Reform and Social Responsibility Act 2011, a draft of this Order has been approved by a resolution of each House of Parliament.