The Police and Crime Commissioner Elections Order 2012

[F1 PART 5 U.K. Application of Parts 3 and 4 to PCC elections combined with [F2 Senedd] elections

Textual Amendments

F1 Sch. 4 Pt. 5 inserted (4.3.2016) by The Police and Crime Commissioner Elections (Amendment) Order 2016 (S.I. 2016/300), arts. 1(2), 6(3) (with art. 1(3))

F2 Word in Sch. 4 Pt. 5 heading substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 62(2) (with reg. 1(6)(7))

Introduction U.K.

46.— (1) In the application of Part 3 to a combined election—

(a) a reference to a relevant election is to be construed as a reference to [F3 a Senedd] election;

(b) a reference to a counting officer or a relevant referendum is to be disregarded; and

(c) a provision having effect only in relation to England is to be disregarded.

(2) In paragraph (1) the reference to a “combined election” is a reference to a PCC election taken together with [F4 a Senedd] election.

Textual Amendments

F3 Words in Sch. 4 para. 46(1)(a) substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 62(3) (with reg. 1(6)(7))

F4 Words in Sch. 4 para. 46(2) substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 62(3) (with reg. 1(6)(7))

Modification of paragraph 13 (interpretation) U.K.

47.— (1) In paragraph 13—

(a) for sub-paragraph (2) substitute—

“(2) In this Part of this Schedule and in any provisions of the PCC elections rules modified by this Part—

(a) “ [F5 Senedd] constituency” and “[F5 Senedd] electoral region” mean [F6 a Senedd] constituency or (as the case may be) electoral region as provided by section 2 of the Government of Wales Act 2006;

(b) “combined polls” means the polls to be taken together by virtue of article 16A of the 2007 Order; and

(c) a reference to the relevant returning officer is a reference to the returning officer exercising functions by virtue of paragraph 2 of Schedule 4 to the 2007 Order (as it applies to combined polls by virtue of paragraph 1 of Schedule 4A to that Order).”;

(b) omit sub-paragraphs (3) and (4).

Textual Amendments

F5 Word in Sch. 4 para. 47(1)(a) substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 62(4)(a) (with reg. 1(6)(7))

F6 Words in Sch. 4 para. 47(1)(a) substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 62(4)(b) (with reg. 1(6)(7))

Modification of paragraphs 16 and 17 (corresponding number lists) U.K.

48.— (1) In paragraph 16, in paragraph (1) of inserted rule 19A (corresponding number lists: proceedings on issue and receipt of ballot papers combined) for “paragraph 29 of Schedule 2 to this Order and regulation 65 of the 2001 Regulations” substitute “paragraph 29(3) of Schedule 2 to this Order and paragraph 2 of Schedule 3 to the 2007 Order”.

(2) In paragraph 17, in inserted paragraph (A1) of rule 20 (corresponding number lists: proceedings on issue and receipt of ballot papers not combined) for “paragraph 29 of Schedule 2 to this Order and regulation 65 of the 2001 Regulations” substitute “paragraph 29(3) of Schedule 2 to this Order and paragraph 2 of Schedule 3 to the 2007 Order”.

Modification of paragraph 19 (notice of poll) U.K.

49.   In paragraph 19, for inserted paragraph (3A) of rule 24 (notice of poll) substitute—

“(3A) A notice published under paragraph (3) must, in addition—

(a) state that the poll for the PCC election is to be taken together with the poll for the [F7 Senedd] election;

(b) specify the [F7 Senedd] constituency or electoral region for which the [F7 Senedd] election is held;

(c) where polls for the elections are to be taken together in only part of the voting area, specify that part.”.

Textual Amendments

F7 Word in Sch. 4 para. 49 substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 62(5) (with reg. 1(6)(7))

[F8 Modification of paragraph 23 (issue of official poll cards) U.K.

49A.   In paragraph 23 (issue of official poll cards), in the inserted text, in paragraph (5A) after sub-paragraph (a) insert—

“(aa) a Senedd election,”.]

Textual Amendments

F8 Sch. 4 para. 49A inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 62(6) (with reg. 1(6)(7))

Modification of paragraph 35 (correction of errors on day of the poll) U.K.

50.   In paragraph 35—

(a) for inserted paragraph (2) of rule 45 (correction of errors on day of poll) substitute—

“(2) Where the poll at a PCC election is taken together with [F9 a Senedd] election the same list may be used for each election and, where it is so used, an entry in that list is to be taken to mean that ballot papers were issued in respect of each election, unless the list identifies the election for which a ballot paper was issued.”;

(b) omit paragraph (3).

Textual Amendments

F9 Words in Sch. 4 para. 50 substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 62(7) (with reg. 1(6)(7))

Modification of paragraph 42 (the F10 ... count) U.K.

51.   In paragraph 42 (the F11 ... count), in inserted paragraph (1C) of rule 52 after “parliamentary constituency” insert “ [F12 Senedd] constituency,”.

Textual Amendments

F10 Word in Sch. 4 para. 51 heading omitted (21.12.2022) (with application in accordance with art. 1(2) of the amending S.I.) by virtue of The Police and Crime Commissioner Elections and Welsh Forms (Amendment) Order 2022 (S.I. 2022/1354), art. 6(6)(a)

F11 Word in Sch. 4 para. 51 omitted (21.12.2022) with application in accordance with art. 1(2) of the amending S.I.) by virtue of The Police and Crime Commissioner Elections and Welsh Forms (Amendment) Order 2022 (S.I. 2022/1354), art. 6(6)(b)

F12 Word in Sch. 4 para. 51 substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 62(8) (with reg. 1(6)(7))

Countermand or abandonment of poll on death of candidate U.K.

52.   After paragraph 44 (rule 66: delivery of documents) insert—

“Countermand or abandonment of poll on death of candidate

44A.   In rule 69 (countermand or abandonment of poll on death of candidate) after paragraph (5) insert—

• “(5A) Neither the countermand of the notice of the poll at the PCC election nor the direction that the poll be abandoned affects the poll at the [F13 Senedd] election.””]

Textual Amendments

F13 Word in Sch. 4 para. 52 substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 62(9) (with reg. 1(6)(7))