SCHEDULES
SCHEDULE 1Supply of register
Supply of free copy of register for electoral purposes and restrictions on use1
1
As soon as practicable after the relevant date, the registration officer must supply each relevant returning officer with as many printed copies of the following as the relevant returning officer may reasonably require for the purposes of the PCC election—
a
the latest revised version of the register published under section 13(1) or (3) of the 1983 Act F19or under the Electoral Registration (Postponement of 2013 Annual Canvass) Order 2013, and
2
In this paragraph—
“relevant date” means—
- a
in the case of an ordinary election of police and crime commissioners, the date which is 60 days before the day determined in accordance with section 50 of the 2011 Act as that on which the poll at the election is to be held;
- b
in the case of an election for a police area held under section 51 of the 2011 Act (election to fill vacancy in office of police and crime commissioner), the date on which the vacancy occurs;
- a
“relevant returning officer”, in relation to a registration officer, means—
- a
a local returning officer for a voting area wholly or partly comprised in the area for which the registration officer acts,
- b
a police area returning officer for a police area in which the whole or part of the area for which the registration officer acts is situated,
but does not include a returning officer who is the same individual as the registration officer.
- a
3
Where a registration officer is under a duty to supply a returning officer with printed copies of a register or notice under this paragraph, the registration officer must also supply a copy of the register or notice in data form.
4
A copy of a register or notice supplied under this paragraph is to be supplied free of charge.
5
No person to whom a copy of a register or notice has been supplied under this paragraph may—
a
supply a copy of that register or those notices to any person,
b
disclose any information contained in them that is not contained in the edited register (within the meaning of regulation 93 of the 2001 Regulations), or
c
make use of any such information,
other than for the purposes of an election.
Supply on request and specific restrictions2
1
The persons or organisations within any of paragraphs 3 to 5 may request the registration officer to supply free of charge the relevant part (within the meaning of those paragraphs) of any of the following—
a
a revised version of the register published under section 13(1) or (3) of the 1983 Act;
2
A request under sub-paragraph (1) must be made in writing and must—
a
specify the documents requested,
b
subject to sub-paragraph (5), state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any subsequent document on publication for so long as the person making the request falls within the category of persons entitled to receive the documents requested, and
c
state whether a printed copy of any of the documents is requested instead of the version in data form.
3
Unless a request has been made in advance of supply under sub-paragraph (2)(c), the copy of a document supplied under this paragraph is to be in data form.
4
The registration officer must supply the relevant part of the documents referred to in sub-paragraph (1) in accordance with a request that has been duly made.
5
A person within paragraph 5 may not make the request set out in sub-paragraph (2)(b).
6
A person who obtains a copy of any document under sub-paragraph (4) may use it for any purpose for which that person would be entitled to obtain that document under this Schedule and any restrictions which apply under whichever of paragraphs 3 to 5 entitles that person to obtain that document for that purpose applies to such use.
Supply of register etc to police and crime commissioner and restrictions on use3
1
This paragraph applies to a person elected to the office of police and crime commissioner for a police area in which the whole or part of the area for which the registration officer acts is situated.
2
For the purposes of paragraph 2(1), the relevant part of the documents listed in that provision is so much of them as relates to any part of the police area for which the police and crime commissioner is elected as falls within the area for which the registration officer acts.
3
No person to whom this paragraph applies who has been supplied with a copy of a register or notices under paragraph 2 may—
a
supply a copy of that register or those notices to any person,
b
disclose any information contained in them that is not contained in the edited register (within the meaning of regulation 93 of the 2001 Regulations), or
c
make use of any such information,
other than for purposes in connection with the office of police and crime commissioner or for electoral purposes.
Supply of register etc to candidates and restrictions on use4
1
This paragraph applies to a candidate for election at a PCC election.
2
For the purposes of paragraph 2(1), the relevant part of the documents listed in that provision is the whole of them.
3
No candidate for election at a PCC election who has been supplied with a copy of a register or notices under paragraph 2 may—
a
supply a copy of that register or those notices to any person,
b
disclose any information contained in them that is not contained in the edited register (within the meaning of regulation 93 of the 2001 Regulations), or
c
make use of any such information,
other than for the purpose of complying with the controls on donations set out in Schedule 5.
Supply of register etc to certain candidates and restrictions on use5
1
This paragraph applies to a candidate for election as a police and crime commissioner for a police area in which the whole or part of the area for which the registration officer acts is situated.
2
For the purposes of paragraph 2(1), the relevant part of the documents listed in that provision is so much of them as relates to any part of the police area for which the candidate is standing as falls within the area for which the registration officer acts.
3
No candidate to whom this paragraph applies who has been supplied with a copy of a register or notices under paragraph 2 may—
a
supply a copy of that register or those notices to any person,
b
disclose any information contained in them that is not contained in the edited register (within the meaning of regulation 93 of the 2001 Regulations), or
c
make use of any such information,
other than for electoral purposes.
SCHEDULE 2Absent voting in PCC elections
Form 1 | Proxy paper (paragraph 5(5)) |
Form 2 | Postal voting statement where PCC election taken alone (paragraph 30(2)) |
Form 3 | Combination with mayoral election only: postal voting statement where proceedings on issue and receipt of postal ballot papers combined (paragraph 30(3)) |
Form 4 | Other combinations: postal voting statement where proceedings on issue and receipt of postal ballot papers not combined (paragraph 30(5)) |
Form 5 | Completed statement of the number of postal ballot papers issued (paragraph 59(1)(b)) |
PART 1Manner of voting at PCC election and entitlement to absent vote
Manner of voting at PCC elections1
1
This paragraph applies to determine the manner of voting of a person (“P”) entitled to vote as an elector at a PCC election.
2
P may vote in person at the polling station to which he or she is allotted under the PCC elections rules, unless P is entitled as an elector to vote by post or by proxy at the PCC election.
3
P may vote by post if P is entitled as an elector to vote by post at the PCC election.
4
If P is entitled to vote by proxy at the PCC election, P may so vote unless, before a ballot paper has been issued for P to vote by proxy, P applies at the polling station to which he or she is allotted under the PCC elections rules for a ballot paper for the purpose of voting in person, in which case P may vote in person there.
5
If—
a
P is not entitled to vote by post or by proxy at a PCC election, but
b
P cannot reasonably be expected to go in person to the polling station to which P is allotted under the PCC elections rules by reason of the particular circumstances of P's employment, either as a constable or by a local returning officer, on the date of the poll for a purpose connected with the PCC election,
P may vote in person at any polling station in the same voting area as the allotted polling station.
F225A
In sub-paragraph (5), a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for civilian staff).
6
Nothing in the preceding provisions of this paragraph applies to a person to whom section 7 of the 1983 Act (mental patients who are not detained offenders) applies and who is liable, by virtue of any enactment, to be detained in the mental hospital in question, whether the person is registered by virtue of that provision or not; and such a person may vote—
a
in person (where the person is granted permission to be absent from the hospital and voting in person does not breach any condition attached to that permission), or
b
by post or by proxy (where the person is entitled to vote by post or, as the case may be, by proxy in the PCC election).
7
Nothing in the preceding provisions of this paragraph applies to a person to whom section 7A of the 1983 Act (persons remanded in custody) applies, whether the person is registered by virtue of that provision or not; and such a person may vote only by post or by proxy (where the person is entitled to vote by post or, as the case may be, by proxy in the PCC election).
8
Sub-paragraph (2) does not prevent a person, at the polling station to which he or she is allotted, marking a tendered ballot paper in pursuance of rule 40 of the PCC elections rules (votes marked by presiding officer).
Entitlement to absent vote at PCC elections2
1
A person entitled to vote in a PCC election is entitled to vote by post or by proxy if sub-paragraph (2) or (3) (as the case may be) applies to the person.
2
This sub-paragraph applies to a person who is shown in the postal voters list mentioned in paragraph 4(2) as entitled to vote by post in a PCC election.
3
This sub-paragraph applies to a person who is shown in the list of proxies mentioned in paragraph 4(3) as entitled to vote by proxy in a PCC election.
Application to vote by post or proxy at a particular PCC election3
1
Where a person applies to the registration officer to vote by post at a particular PCC election, the officer must grant the application if—
a
the officer is satisfied that the applicant is or will be registered in the register of electors, and
b
the application contains the applicant's signature and date of birth and meets the requirements set out in Part 2 of this Schedule.
2
Where a person applies to the registration officer to vote by proxy at a particular PCC election, the officer must grant the application if—
a
the officer is satisfied that the applicant's circumstances on the date of the poll will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the polling station to which the applicant is, or is likely to be, allotted under the PCC elections rules,
b
the officer is satisfied that the applicant is or will be registered in the register of electors, and
c
the application contains the applicant's signature and date of birth and meets the requirements set out in Part 2 of this Schedule.
3
Where a person who has an anonymous entry in the register applies to the registration officer to vote by proxy at a particular PCC election, the registration officer must grant the application if it meets the requirements set out in Part 2 of this Schedule.
4
Nothing in sub-paragraph (1), (2) or (3) applies to—
a
5
But if a person is included in a record mentioned in sub-paragraph (4) and is shown in the record as voting by post, the person may, in respect of a particular PCC election, apply to the registration officer—
a
for his or her ballot paper to be sent to a different address from that shown in the record, or
b
to vote by proxy.
6
The registration officer must grant an application under sub-paragraph (5) if—
a
in the case of any application, it meets the requirements set out in Part 2 of this Schedule, and
b
in the case of an application to vote by proxy, the officer is satisfied that the applicant's circumstances on the date of the poll will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the polling station to which the applicant is, or is likely to be allotted, under the PCC elections rules.
7
The registration officer may dispense with the requirement under sub-paragraph (1)(b) or (2)(c) for the applicant to provide a signature if the officer is satisfied that the applicant is unable—
a
to provide a signature because of any disability the applicant has, or
b
to provide a signature because the applicant is unable to read or write, or
c
to sign in a consistent and distinctive way because of any such disability or inability.
8
The registration officer must keep a record of those whose applications under this paragraph have been granted showing—
a
their dates of birth, and
b
except in cases where the registration officer in pursuance of sub-paragraph (7) has dispensed with the requirement to provide a signature, their signatures.
9
The record kept under sub-paragraph (8) must be retained by the registration officer for the period specified in paragraph 26 of this Schedule (the personal identifiers record).
Absent voter lists4
1
The registration officer must, in respect of each PCC election, keep the two special lists mentioned in sub-paragraphs (2) and (3).
2
The first of those lists (“the postal voters list”) is a list of—
a
the persons who F157are registered in the register of electors and are for the time being shown as voting by post in the record referred to in paragraph 3(4)(a) or (b), together with (in each case) the addresses provided in their applications under, as the case may be—
i
paragraph 3 of Schedule 4 to the Representation of the People Act 2000,
ii
paragraph 3 of Schedule 2 to the European Parliamentary Elections Regulations 2004, or
iii
paragraph 3(5)(a) of this Schedule,
as the address to which their ballot papers are to be sent;
b
the persons whose application under paragraph 3(1) of this Schedule to vote by post at the PCC election have been granted, together with the addresses provided in their applications as the address to which their ballot papers are to be sent.
3
The second list (“the list of proxies”) is a list of—
a
the persons who F158are registered in the register of electors and are for the time being shown as voting by proxy in the record referred to in paragraph 3(4)(a) or (b), together with (in each case) the names and addresses of the proxies appointed under, as the case may be—
i
paragraph 6 of Schedule 4 to the Representation of the People Act 2000,
ii
paragraph 6 of Schedule 2 to the European Parliamentary Elections Regulations 2004;
b
the persons whose application under paragraph 3(2), (3) or (5)(b) of this Schedule to vote by proxy at the PCC election have been granted, together with (in each case) the names and addresses of the proxy appointed under paragraph 5 of this Schedule.
4
In the case of a person who has an anonymous entry in the register of electors, the postal voters list or list of proxies (as the case may be) must contain only—
a
the person's electoral number, and
b
the period for which the anonymous entry has effect.
5
The registration officer must, forthwith on completion of the compilation of those special lists, supply to the local returning officer for any voting area wholly or partly comprised in the area for which the registration officer acts so much of those lists as relate to that voting area.
Proxies at PCC elections: appointment5
1
Subject to the following provisions of this paragraph, any person is capable of being appointed proxy to vote for another (“the elector”) at a PCC election.
2
The elector cannot have more than one person at a time appointed as proxy to vote for the elector at a PCC election in the same police area.
3
A person is capable of being appointed to vote as proxy at a PCC election only if—
a
the person is not subject to any legal incapacity (age apart) to vote at that election as an elector, and
4
The registration officer must make the appointment if the application meets the requirements set out in Part 2 of this Schedule and the registration officer is satisfied that—
a
the elector is or will be—
i
registered in the register of electors, and
ii
entitled to vote by proxy at that election by virtue of an application under paragraph 3(2), (3) or (5)(b) (proxy vote at particular PCC election), and
b
the proxy is capable of being, and willing to be, appointed.
5
The appointment of a proxy under this paragraph must be made by means of a proxy paper issued by the registration officer in Form 1 set out in Part 4 of this Schedule or a proxy paper to the like effect.
6
The appointment may be cancelled by the elector by giving notice to the registration officer.
7
The appointment also ceases to be in force on the issue of a proxy paper appointing a different person to vote for the elector at a PCC election in the same police area.
8
Subject to sub-paragraphs (6) and (7), the appointment remains in force for the particular election to which it relates.
Proxies at PCC elections: entitlement to vote6
1
Subject to the following provisions of this paragraph, where a relevant proxy appointment is in force, the person appointed is entitled to vote as proxy for the person for whom the appointment was made (“the elector”).
2
In sub-paragraph (1) “relevant proxy appointment” means—
a
in relation to an elector who is included in the list of proxies by virtue of paragraph 4(3)(a)(i), an appointment under paragraph 6 of Schedule 4 to the Representation of the People Act 2000;
b
in relation to an elector who is included in the list of proxies by virtue of paragraph 4(3)(a)(ii), an appointment under paragraph 6 of Schedule 2 to the European Parliamentary Elections Regulations 2004;
c
in relation to an elector who is included in the list of proxies by virtue of paragraph 4(3)(b), an appointment under paragraph 5 of this Schedule.
3
A person is capable of voting as proxy at a PCC election only if—
a
the person is not subject to any legal incapacity (age apart) to vote at that election as an elector, and
4
A person is not capable of voting as proxy at a PCC election unless on the date of the poll he or she has attained the age of eighteen.
5
A person is not entitled to vote as proxy at the same ordinary PCC election in any police area on behalf of more than two others of whom that person is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.
Voting as proxy7
1
A person entitled to vote as proxy for another (“the elector”) at a PCC election may do so in person at the polling station to which the elector is allotted under the PCC elections rules unless the person is entitled to vote by post as proxy for the elector at the election, in which case the person may vote by post.
2
Where a person is entitled to vote by post as proxy for an elector at a PCC election, the elector may not apply for a ballot paper for the purpose of voting in person at the election.
3
A person entitled to vote as proxy for an elector at a PCC election is entitled so to vote by post if the person is included in the list kept under sub-paragraph (7) in respect of the election.
4
Where a person applies to the registration officer to vote by post as proxy at a particular PCC election, the registration officer must grant the application if the conditions set out in sub-paragraph (5) are satisfied.
5
Those conditions are—
a
that the registration officer is satisfied that the elector is or will be registered in the register of electors, and
b
that the applicant is the subject of a relevant proxy appointment within the meaning of paragraph 6(2)(c), and
c
that the application contains the applicant's signature and date of birth and meets the requirements set out in Part 2 of this Schedule.
6
In the case of a particular PCC election, a person who is the subject of a relevant proxy appointment within the meaning of paragraph 6(2)(a) or (b) and who—
a
is included in the record kept under paragraph 7(6) of Schedule 4 to the Representation of the People Act 2000 (record of proxies who have applied to vote by post), or
b
is included in the record kept under paragraph 7(6) of Schedule 2 to the European Parliamentary Elections 2004 (record of proxies who have applied to vote by post),
may apply to the registration officer for his or her ballot paper for the PCC election to be sent to a different address from that shown in the record, and the officer must grant the application if it meets the requirements set out in Part 2 of this Schedule.
7
The registration officer must, in respect of each PCC election, keep a special list (“the proxy postal voters list”) of—
a
the proxies who—
i
were appointed as mentioned in paragraph 4(3)(a)(i), and
ii
are for the time being included in the record kept under paragraph 7(6) of Schedule 4 to the Representation of the People Act 2000 (record of proxies who have applied to vote by post),
together with the addresses provided in their applications under paragraph 7(4)(a) or (7) of that Schedule or under sub-paragraph (6) (as the case may be) as the addresses to which their ballot papers are to be sent;
b
the proxies who—
i
were appointed as mentioned in paragraph 4(3)(a)(ii), and
ii
are for the time being included in the record kept under paragraph 7(6) of Schedule 2 to the European Parliamentary Elections Regulations 2004 (record of proxies who have applied to vote by post),
together with the addresses provided in their applications under paragraph 7(4)(a) or (7) of that Schedule or under sub-paragraph (6) (as the case may be) as the addresses to which their ballot papers are to be sent;
c
the proxies—
i
who were appointed as mentioned in paragraph 4(3)(b), and
ii
whose applications under sub-paragraph (4) have been granted,
together with the addresses provided in their application under sub-paragraph (4) as the addresses to which their ballot papers are to be sent.
8
In the case of a person who has an anonymous entry in the register of electors, the special list mentioned in sub-paragraph (7) must contain only—
a
the person's electoral number, and
b
the period for which the anonymous entry has effect.
9
The registration officer must, forthwith on the completion of the compilation of that special list, supply to the local returning officer for any voting area wholly or partly comprised in the area for which the registration officer acts so much of that list as relates to that voting area.
10
Sub-paragraph (2) does not prevent a person, at the polling station to which the person is allotted, marking a tendered ballot paper in the circumstances set out in case 3, 4, 5 or 6 of rule 42 of the PCC elections rules, if the person would otherwise be able to do so.
11
The registration officer may dispense with the requirement under sub-paragraph (5)(c) for the applicant to provide a signature if the officer is satisfied that the applicant is unable—
a
to provide a signature because of any disability the applicant has, or
b
to provide a signature because the applicant is unable to read or write, or
c
to sign in a consistent and distinctive way because of any such disability or inability.
12
The registration officer must also keep a record in relation to those whose applications under sub-paragraph (4), have been granted showing—
a
their dates of birth, and
b
except in cases where the registration officer in pursuance of sub-paragraph (11) has dispensed with the requirement to provide a signature, their signatures.
13
The record kept under sub-paragraph (12) must be retained by the registration officer for the period specified in paragraph 26 of this Schedule (the personal identifiers record).
Use of personal identifier information8
1
The registration officer must either—
a
provide the local returning officer for a PCC election with a copy of the information in relation to electors entitled to vote at the election which is contained in records kept by the registration officer in pursuance of—
i
paragraphs 3(9), 4(6) and 7(12) of Schedule 4 to the Representation of the People Act 2000 (dates of birth and signatures of certain electors and proxies),
ii
paragraphs 3(9), 4(7) and 7(13) of Schedule 2 to the European Parliamentary Elections Regulations 2004 (dates of birth and signatures of certain electors and proxies),
iii
paragraphs 3(8) and 7(12) of this Schedule, or
b
give the local returning officer access to such information.
2
Information contained in records kept by a registration officer in pursuance of paragraph 3(8) or 7(12) may be disclosed by the registration officer (subject to the conditions prescribed in Part 2 of this Schedule) to—
a
any other registration officer if the officer thinks that to do so will assist the other registration officer in the performance of his or her duties;
b
any person exercising functions in relation to the preparation or conduct of legal proceedings under this Order or the Representation of the People Acts.
Offences as to declarations or forms used for purposes of postal and proxy vote applications9
A person who—
a
in any declaration or form used for any of the purposes of this Part of this Schedule makes a statement knowing it to be false, or
b
attests an application under paragraph 3 knowing—
i
that he or she is not authorised to do so, or
ii
that it contains a statement which is false,
is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Other offences as to postal and proxy vote applications10
1
A person (“P”) commits an offence if P—
a
engages in an act specified in sub-paragraph (2) at a PCC election, and
b
intends, by doing so, to deprive another of an opportunity to vote or to make for P or another a gain of a vote to which P or the other is not otherwise entitled or a gain of money or property.
2
These are the acts—
a
applying for a postal or proxy vote as some other person (whether that other person is living or dead or is a fictitious person);
b
otherwise making a false statement in, or in connection with, an application for a postal or proxy vote;
c
inducing the registration officer or local returning officer to send a postal ballot paper or any communication relating to a postal or proxy vote to an address which has not been agreed to by the person entitled to the vote;
d
causing a communication relating to a postal or proxy vote or containing a postal ballot paper not to be delivered to the intended recipient.
3
In sub-paragraph (1)(b) property includes any description of property.
4
In sub-paragraph (2) a reference to a postal vote or a postal ballot paper includes a reference to a proxy postal vote or a proxy postal ballot paper (as the case may be).
5
A person who commits an offence under sub-paragraph (1) or who aids, abets, counsels or procures the commission of such an offence is guilty of a corrupt practice.
PART 2Applications for absent vote
General requirements for applications for absent vote11
1
An application under Part 1 of this Schedule must state—
a
the full name of the applicant,
b
except in a case within paragraph (c), the address in respect of which the applicant is registered or has applied to be (or is treated as having applied to be) registered in the register,
c
in the case of an application under paragraph 7(4) or 7(6) (applications relating to postal proxy voting), the proxy's address, together with the name of the elector for whom the applicant will act as proxy and the elector's address for the purposes of paragraph (b),
d
in the case of a person applying to vote by post, the address to which the ballot paper should be sent,
e
in the case of an application to vote by proxy, the grounds on which the elector claims to be entitled to an absent vote,
f
in the case of a person who is unable to provide a signature (or a consistent or distinctive signature), the reasons for requesting the waiver of any requirement under paragraph 3 or 7 to provide a signature and the name and address of any person who has assisted in the completion of the application, and
g
where the applicant has, or has applied for, an anonymous entry, that fact.
2
The application must be made in writing and must be dated.
3
Where an application is required to contain a signature and date of birth, the information must be set out in a manner that is sufficiently clear and unambiguous as to be capable of electronic scanning into the record by configuring the information as follows—
a
the signature must appear against a background of white unlined paper of at least five centimetres long and two centimetres high, and
b
the applicant's date of birth must be set out numerically configured in the sequence of date, month and year, namely [d][d][m][m][y][y][y][y].
4
Sub-paragraph (3)(a) does not apply where the application contains a request that the registration officer waive the requirement for a signature.
5
An application under Part 1 of this Schedule must—
a
state that it is made for a particular PCC election, and
b
identify the election in question.
6
An application to vote by proxy must also include an application for the appointment of a proxy which meets the requirements of paragraph 14.
7
An application under Part 1 of this Schedule may be combined with an application for an absent vote made under the 2001 Regulations, including those Regulations as applied by regulations made under sections 9HE and 105, 9MG and 105, 44 and 105 or 45 and 105 of the Local Government Act 2000 M4 or sections 52ZQ and 113 of the Local Government Finance Act 1992 M5.
Additional requirements: applications where address for ballot papers differs from address in application12
1
Sub-paragraph (2) applies where—
a
in the case of an application to vote by post under paragraph 3(1), the addresses stated in accordance with paragraph 11(1)(b) and (d) are different;
b
in the case of an application by a proxy to vote by post under paragraph 7(4), the proxy's address stated in accordance with paragraph 11(1)(c) and the address stated in accordance with paragraph 11(1)(d) are different.
2
The application must set out why the applicant's circumstances will be or are likely to be such that the applicant requires the ballot paper to be sent to the address stated in accordance with paragraph 11(1)(d).
3
Sub-paragraph (2) does not apply where an applicant has, or has applied for, an anonymous entry.
Additional requirements: applications for ballot papers to be sent to different address from address in record13
1
Sub-paragraph (2) applies to an application—
a
under paragraph 3(5)(a) of this Schedule by a person shown as voting by post in the record kept under paragraph 3 of Schedule 4 to the Representation of the People Act 2000 or paragraph 3 of Schedule 2 to the European Parliamentary Elections Regulations 2004, or
b
under paragraph 7(6) of this Schedule by a person shown as voting by post in the record kept under paragraph 7(6) of Schedule 4 to the Representation of the People Act 2000 or paragraph 7(6) of Schedule 2 to the European Parliamentary Elections Regulations 2004,
for the ballot paper to be sent to a different address from that shown in the record.
2
The application must set out why the applicant's circumstances will be or are likely to be such that the applicant requires the ballot paper to be sent to that address.
3
Sub-paragraph (2) does not apply where an applicant has, or has applied for, an anonymous entry.
Additional requirements: applications for the appointment of a proxy in respect of a particular PCC election14
1
Sub-paragraph (2) applies to an application for the appointment of a proxy under paragraph 3.
2
The application must state the full name and address of the person whom the applicant (“P”) wishes to appoint as proxy, together with the person's family relationship (if any) with P and—
a
if it is signed only by P, must contain a statement that P has consulted the person so named and that that person is capable of being and willing to be appointed to vote as P's proxy, or
b
if it is also signed by the person to be appointed as proxy, must contain a statement that the person is capable of being and willing to be appointed to vote as P's proxy.
3
The application must set out why the applicant's circumstances on the date of the poll for the election in respect of which it is made will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the applicant's allotted polling station.
4
Where an application under F24paragraph 3(2)—
a
is made on the grounds of the applicant's disability, and
b
is made after 5 pm on the sixth day before the date of the poll at the PCC election for which it is made,
the requirements of paragraph 15 apply to the matters to be specified and as to the attestation.
5
Where an application mentioned in sub-paragraph (4) is made, the person attesting the application must state, in addition to the matters specified in paragraph 15, to the best of the attestor's knowledge and belief, the date upon which the applicant became disabled.
F235A
Where an application under paragraph 3(2)—
a
is made on grounds relating to the applicant’s occupation, service or employment; and
b
is made after 5 p.m. on the sixth day before the date of the poll at the PCC election for which it is made,
the requirements of paragraph 15A apply to the matters to be specified and as to attestation.
6
Where an application under F25paragraph 3(2) is made by a person to whom paragraph 1(6) applies after 5pm on the sixth day before the date of the poll at the election for which it is made, the requirements of sub-paragraph (7) apply to the matters to be specified and as to attestation.
7
Where an application mentioned in sub-paragraph (6) is made—
a
the application must additionally state the name and address of the hospital at which the applicant is liable to be detained, and
b
the application must be attested by or on behalf of a manager, within the meaning of section 145(1) of the Mental Health Act 1983 M6, of the hospital at which the applicant is liable to be detained, and the attestation must state—
i
the name of the person attesting the application,
ii
that the person is authorised to make the attestation,
iii
the person's position in the hospital at which the applicant is liable to be detained, and
iv
the statutory provision under which the applicant is liable to be detained in the hospital.
8
This paragraph does not apply where an applicant has an anonymous entry.
9
In this paragraph and in paragraph 15, references to an “allotted polling station”, in relation to an elector, are to the polling station to which the elector is, or is likely to be, allotted under the PCC elections rules.
Additional requirements referred to in paragraph 14(4)15
1
This paragraph applies to an application to vote by proxy which is made in the circumstances set out in paragraph 14(4).
2
The application must specify the disability by reason of which it is made and must be attested and signed by—
a
a registered medical practitioner,
b
a registered nurse,
c
a registered dentist as defined by section 53(1) of the Dentists Act 1984 M7,
d
a registered dispensing optician or a registered optometrist within the meaning of the Opticians Act 1989 M8,
e
a registered pharmacist as defined in article 3(1) of the Pharmacy Order 2010 M9,
f
a registered osteopath as defined by section 41 of the Osteopaths Act 1993 M10,
g
a registered chiropractor as defined by section 43 of the Chiropractors Act 1994 M11,
h
a Christian Science practitioner,
i
a person registered as a member of a profession to which the Health Professions Order 2002 M12 for the time being extends,
j
the person carrying on a care home registered under Part 2 of the Care Standards Act 2000 M13 where the applicant states that he or she is resident in that care home,
F161ja
the person registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 in respect of a care home service (within the meaning of that Act) provided wholly or mainly to persons aged 18 or over where the applicant states that he or she is resident at a place where that service is provided;
k
the warden of premises forming one of a group of premises provided for persons of pensionable age or disabled persons for which there is a resident warden, where the applicant states that he or she is resident in the premises where the warden works,
l
a manager within the meaning of section 145(1) of the Mental Health Act 1983 (interpretation), or on behalf of such a manager, F146...
m
n
a person registered in the register for social workers maintained in accordance with section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016.
3
A person who qualifies—
a
by virtue of any of paragraphs (a) to (i) of sub-paragraph (2), may not attest an application for these purposes unless—
i
that person is treating the applicant for the disability specified in the application, or
ii
the applicant is receiving care from that person in respect of that disability, or
b
by virtue of F148paragraph (m) or (n) of sub-paragraph (2), may not attest an application for these purposes unless—
i
that person is treating the applicant for the disability specified in the application,
ii
the applicant is receiving care from that person in respect of that disability, or
iii
that person has arranged care or assistance for the applicant in respect of that disability.
4
The person (“A”) attesting the application must state—
a
A's name and address and the qualification by virtue of which A attests the application;
b
where A is a person referred to in sub-paragraph (3)(a), that—
i
A is treating the applicant for the disability specified in the application, or
ii
the applicant is receiving care from A in respect of that disability,
c
where A is a person referred to in sub-paragraph (3)(b), that—
i
A is treating the applicant for the disability specified in the application,
ii
the applicant is receiving care from A in respect of that disability, or
iii
A has arranged care or assistance for the applicant in respect of that disability,
d
that, to the best of A's knowledge and belief, the applicant has the disability specified in the application and that the applicant cannot reasonably be expected to go in person to the allotted polling station or to vote unaided there by reason of that disability, and
e
that, to the best of A's knowledge and belief, the disability specified in the application is likely to continue either indefinitely or for a period specified by A.
5
Where A is a person referred to in sub-paragraph (2)(l), A must (instead of the matters specified in sub-paragraph (4)(a)) state in the attestation—
a
A's name,
b
that A is authorised to attest the application,
c
A's position in the hospital at which the applicant is liable to be detained or is receiving treatment, and
d
if applicable, the statutory provision under which the applicant is detained, or liable to be detained, at the hospital.
6
Sub-paragraphs (2) to (5) do not apply where—
a
the application is based on the applicant's F141severe sight-impairment and the applicant is registered F100by the local authority which is specified in the application as—
i
a blind person under section 29(4)(g) of the National Assistance Act 1948; or
ii
a person who is severely sight-impaired under section 77(1) of the Care Act 2014 (registers of sight-impaired adults),
b
c
the application states that the applicant is in receipt of the enhanced rate of the mobility component of personal independence payment (payable under section 79(2) of the Welfare Reform Act 2012) because of the disability specified in the applicationF3, or
d
the application states that the applicant is in receipt of armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 because of the disability specified in the application..
7
The fact that an applicant is registered F142... F101as severely sight-impaired by a local authority under section 77(1) of the Care Act 2014 (registers of sight-impaired adults)F143or in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014 is sufficient evidence that the applicant is eligible to vote by proxy on the grounds set out in paragraph 3(3)(c).
F4Additional requirements referred to in paragraph 14(5A)15A
1
This paragraph applies to an application to vote by proxy which is made in the circumstances set out in paragraph 14(5A).
2
The application must (in addition to providing the information required by paragraph 14(2) and (3)) state—
a
where the applicant is self-employed, that fact;
b
where the applicant is employed, the name of the applicant’s employer;
c
that the reason provided in accordance with paragraph 14(3) relates to the applicant’s occupation, service or employment; and
d
the date on which the applicant became aware of that reason.
3
Sub-paragraphs (4), (5) and (6) apply unless the applicant is or will be registered as a service voter.
4
The application must be attested and signed—
a
where the applicant is self-employed, by a person who—
i
is aged 18 years or over;
ii
knows the applicant; and
iii
is not related to the applicant,
b
where the applicant is not self-employed, by the applicant’s employer or by another employee to whom this function is delegated by the employer.
5
The person attesting an application under sub-paragraph (4) (the “attestor”) must certify that the statements required by sub-paragraph (2) and the information required by paragraph 14(3) are true to the best of the attestor’s knowledge and belief.
6
The attestor must also state—
a
the attestor’s name and address; and
b
if the attestor is attesting where the applicant is self-employed, that the attestor is aged 18 years or over, and that the attestor knows, but is not related to, the applicant; or
c
if the attestor is attesting as or on behalf of the employer of the applicant, that the attestor is the employer or the position the attestor holds in the employment of that employer.
7
For the purposes of this paragraph—
a
one person (‘A’) is related to another (‘B’) if A is the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of B;
b
“service voter” means a person who has made a service declaration in accordance with section 15 of the 1983 Act and is registered or entitled to be registered in pursuance of it.
Closing date for applications16
1
Subject to sub-paragraph (2), an application under paragraph 3(2) F26... or 5(4) is to be refused if it is received by the registration officer after 5 pm on the sixth day before the date of the poll at the PCC election for which it is made.
2
Where an application made under paragraph 3(2) F27...is made—
a
on the grounds of the applicant's disability and the applicant became disabled after 5pm on the sixth day before the date of the poll at the PCC election for which it is made, or
F28aa
on grounds relating to the applicant’s occupation, service or employment and the applicant became aware of those grounds after 5 p.m. on the sixth day before the date of the poll at the election for which it is made, or
b
by a person to whom paragraph 1(6) applies,
the application, or an application under paragraph 5(4) made by virtue of that application, is to be refused if it is received after 5pm on the day of the poll at the PCC election for which it is made.
3
An application under paragraph 3(1)F29, 3(5) or 7(6) is to be refused if it is received by the registration officer after 5 pm on the eleventh day before the date of the poll at the PCC election for which it is made.
4
A notice under paragraph 5(6) by an elector cancelling a proxy's appointment is to be disregarded for the purposes of a particular PCC election if it is received by the registration officer after 5 pm on the eleventh day before the date of the poll at that election.
F304A
Sub-paragraph (4B) applies to—
a
any application or notice mentioned in sub-paragraphs (1) to (4);
b
any application or notice mentioned in regulation 56 of the 2001 Regulations or paragraph 26 of Schedule 2 to the European Parliamentary Elections Regulations 2004, that would otherwise have effect in relation to a PCC election by virtue of paragraphs 2 and 4(2)(a) or 4(3)(a).
4B
An application or notice to which this sub-paragraph applies must be disregarded for the purposes of the particular PCC election if, before the application or notice is considered by the registration officer, the elector or proxy has returned a postal ballot paper to the local returning officer (except where it has been returned in accordance with paragraph 41 or 42 (spoilt and lost postal ballot papers)).
5
In computing a period of days for the purposes of this paragraph—
a
a Saturday or Sunday,
b
Christmas Eve, Christmas Day, Good Friday or a bank holiday, or
c
a day appointed for public thanksgiving or mourning,
is to be disregarded.
Grant or refusal of applications17
1
Where the registration officer grants an application to vote by post, the officer must notify the applicant.
2
Where the registration officer grants an application for the appointment of a proxy, the officer must confirm in writing to the elector that the proxy has been appointed, the proxy's name and address, and the duration of the appointment.
3
Where the registration officer refuses an application under Part 1 of this Schedule, the officer must notify the applicant, stating the reason for the refusal.
4
Where the registration officer grants an application made under—
a
paragraph 3(5)(a) by a person shown as voting by post in the record kept under paragraph 3 of Schedule 4 to the Representation of the People Act 2000 or paragraph 3 of Schedule 2 to the European Parliamentary Elections Regulations 2004, or
b
paragraph 7(6) by a person shown as voting by post in the record kept under paragraph 7(6) of Schedule 4 to the Representation of the People Act 2000 or paragraph 7(6) of Schedule 2 to the European Parliamentary Elections Regulations 2004,
the officer must notify the applicant.
5
The registration officer must, where practicable, notify the elector of the following, in each case stating the reason—
a
where the appointment of a proxy is cancelled by the elector, that the appointment has been cancelled, or
b
where the appointment otherwise ceases to be in force, that the appointment has ceased.
6
Where, under paragraph 16, a registration officer refuses an application or disregards a notice for the purposes of any PCC election, the officer must notify the applicant of this.
Cancellation of proxy appointment18
1
Sub-paragraph (2) applies where the appointment of a proxy—
a
is cancelled by notice given to the registration officer under paragraph 5(6),
b
otherwise ceases to be in force under paragraph 5(7).
2
The registration officer must notify the person whose appointment as proxy has been cancelled, has expired or is no longer in force, unless the registration officer has previously been notified by that person that the person no longer wishes to act as proxy.
Marked register for polling stations19
To indicate that an elector or the elector's proxy is entitled to vote by post and is for that reason not entitled to vote in person, the letter “A” is to be placed against the entry of that elector in any copy of the register, or part of it, provided for a polling station.
Absent voting lists: supply of copies etc20
1
Any person who, in accordance with any of the provisions listed in sub-paragraph (2), is entitled to be supplied with copies of the full register is also a person entitled to request that the registration officer supply the relevant part (within the meaning of the listed provisions) of a copy of any of the following information which the registration officer keeps—
a
the current version of the information which would, in the event of a particular PCC election, be included in the postal voters list, the list of proxies or the proxy postal voters list;
b
the current or final version of the postal voters list, the list of proxies or the proxy postal voters lists.
2
The listed provisions are—
a
paragraph 3 of Schedule 1 (supply of full register etc to police and crime commissioner and restrictions on use);
b
paragraph 5 of Schedule 1 (supply of full register etc to certain candidates and restrictions on use);
c
regulation 105 of the 2001 Regulations (supply of full register etc to local constituency parties and restrictions on use);
d
regulation 106 of the 2001 Regulations (supply of full register etc to registered political parties and restrictions on use).
3
A request under sub-paragraph (1) must be made in writing and must specify—
a
the information (or the relevant parts of the information) requested,
b
whether the request is made only in respect of the current lists or whether it includes a request for the supply of any final list, and
c
whether a printed copy is requested or a copy in data form.
4
In response to a request under sub-paragraph (1) that has been duly made, the registration officer must—
a
as soon as practicable after receipt of the request, supply the current version of information requested;
b
as soon as practicable after 5pm on the eleventh day before the day of the poll, supply a copy of any postal voters list or proxy postal voters list requested.
5
As soon as practicable after 5pm on the sixth day before the day of the poll the registration officer must—
a
make a copy of the postal voters list, the list of proxies or the proxy postal voters list available for inspection at the registration officer's office in accordance with paragraph 21;
b
send a copy of those lists to each relevant returning officer (within the meaning of paragraph 1 of Schedule 1); and
c
supply a final copy of the postal voters list, the list of proxies or the proxy postal voters list in response to every request under sub-paragraph (1) that has been duly made.
F315A
The registration officer must, on a request made at any time, supply a relevant returning officer (within the meaning of paragraph 1 of Schedule 1) with a copy of the postal voters list, the list of proxies or the proxy postal voters list.
6
As soon as practicable after 5pm on the day of the poll, the registration officer must supply to every person who received a copy of the list of proxies under sub-paragraph (5)(c) a further copy of that list which is updated to include any additions to the list that were made in consequence of any application within paragraph 16(2)F32... which was granted before 5pm on the day of the poll.
7
Any information or lists supplied under this paragraph are to be supplied free of charge.
8
A person who obtains any information under this paragraph may use it only for—
a
F162purposes mentioned in Article 89(1) of the GDPR (archiving in the public interest, scientific or historical research and statistics); or
b
electoral purposes,
and such use is also subject to the restrictions specified in paragraphs 23 and 24 or, where the request to the registration officer is made by reference to a provision listed in sub-paragraph (2), subject to any restrictions which would apply to the use of the full register under whichever of the listed provisions entitled the person to obtain the information.
9
Any person who has obtained or is entitled to obtain a copy of information covered by sub-paragraph (1) may—
a
supply a copy of the information to a processor for the purpose of processing the information, or
b
procure that a processor processes and supplies to that person any copy of the information which the processor has obtained under this paragraph,
for use in respect of the purposes for which that person is entitled to obtain such information.
10
A processor may not disclose information covered by sub-paragraph (1) except to the person who supplied it to the processor or to any other person, or an employee of such a person, who is entitled to obtain a copy of that information under this paragraph.
F16311
In this paragraph, “the GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation).
Absent voting lists: inspection21
1
Any person is entitled to request that the registration officer make available for inspection a copy of any of the information specified in paragraph 20(1).
2
A request under sub-paragraph (1) must be made in writing and must specify—
a
the information (or relevant parts of the information) requested,
b
whether the request is made only in respect of the current lists or whether it includes a request for the inspection of any final list,
c
who will inspect the information,
d
the date on which they wish to inspect the information, and
e
whether they would prefer to inspect the information in printed or data form.
3
The registration officer must make a copy of the information available for inspection under supervision as soon as practicable after the date of receipt of a request under sub-paragraph (1) that has been duly made.
4
Where inspection takes place by providing a copy of the information on a computer screen or otherwise in data form, the registration officer shall ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to—
a
search it by electronic means by reference to the name of any person, or
b
copy or transmit any part of that copy by electronic, or any other means.
5
A person who inspects a copy of information provided under sub-paragraph (3), whether in printed or in data form, may not—
a
make copies of any part of it, or
b
record any particulars in it,
otherwise than by means of hand-written notes.
6
Subject to any direction by the F103Minister under article 6, any duty on a registration officer to supply a copy or make information available for inspection under this paragraph imposes only a duty to provide that information in the form in which the registration officer holds it.
Supply and inspection of absent voting lists: general provisions22
1
For the purposes of paragraphs 20 and 21—
a
a “current copy” of records or lists is a copy of the records or lists as kept by the registration officer at 9 a.m. on the date it is supplied,
b
“processor” means a person who provides a service which consists of putting information into a data form and any reference to a processor includes a reference to a processor's employees, and
c
any period of days is to be calculated in accordance with paragraph 16(5).
2
The registration officer must ensure that, in supplying or disclosing information covered by paragraph 20(1)(a) in accordance with paragraph 20 or 21, the registration officer does not supply or disclose any record relating to—
a
a person who has an anonymous entry, or
b
the proxy of a person who has an anonymous entry.
Restrictions on supply and disclosure of absent voter records or lists23
1
This paragraph applies to—
a
the registration officer,
b
any deputy registration officer, and
c
any person appointed to assist a registration officer or who in the course of that person's employment is assigned to assist any such officer in that officer's registration duties.
2
Where the registration officer is also the local returning officer at a PCC election (and thereby has access to the information covered by paragraph 20(1) without being supplied with a copy of it), this paragraph also applies to—
a
the registration officer acting in the capacity of local returning officer, and
b
any person appointed to assist the local returning officer or who in the course of that person's employment is assigned to assist that officer in that officer's duties in respect of the PCC election.
3
No person to whom this paragraph applies may—
a
supply to any person a copy of the information covered by paragraph 20(1), or
b
disclose any of that information,
otherwise than in accordance with an enactment, including this Order.
4
Nothing in sub-paragraph (3) applies to the supply or disclosure by a person to whom this paragraph applies to another such person in connection with that other person's registration duties or for the purposes of an election or referendum.
Restriction on use of absent voter records or lists or the information contained in them24
1
This paragraph applies to any person who has obtained access to the information covered by paragraph 20(1) by any means.
2
No person to whom this paragraph applies may—
a
supply a copy of the information or any part of that information,
b
disclose any of that information, or
c
make use of any such information,
other than for a permitted purpose specified in sub-paragraph (3).
3
The permitted purposes are—
F164a
purposes mentioned in Article 89(1) of the GDPR (archiving in the public interest, scientific or historical research and statistics), or
b
electoral purposes.
F1654
In this paragraph, “the GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation).
Supply and inspection of absent voting lists: offences25
1
A person is guilty of an offence—
a
if the person contravenes paragraph 20(8) or (10), 21(5), 23(3) or 24(2), or
b
if the person is an appropriate supervisor of a person (“P”) who contravenes any of those provisions and the supervisor failed to take appropriate steps.
2
P is not guilty of an offence under sub-paragraph (1) if—
a
P had an appropriate supervisor, and
b
P has complied with all the requirements imposed on P by P's appropriate supervisor.
3
A person who is not P or an appropriate supervisor is not guilty of an offence under sub-paragraph (1) if the person takes all reasonable steps to ensure that he or she complies with the provisions specified in sub-paragraph (1)(a).
4
In sub-paragraphs (1)(b), (2) and (3)—
a
an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which P is employed or under whose direction or control P is;
b
appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the provisions specified in sub-paragraph (1)(a).
5
A person guilty of an offence as mentioned in sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
The personal identifiers record26
1
The registration officer must maintain a record (“the personal identifiers record”), apart from the other records and lists which the officer is required to keep under Part 1 of this Schedule, of the signatures and dates of birth provided by persons whose applications under paragraph 3(1) or (2) or paragraph 7(4) were granted, until the expiry of twelve months from the date of the poll for the purposes of which the person's application for an absent vote was granted under paragraph 3(1) or (2) or paragraph 7(4).
2
The personal identifiers record must contain the following information in respect of each absent voter on the postal voters list, list of proxies or proxy postal voters list—
a
name,
b
date of birth, and
c
signature, or a record of the waiver by the registration officer of the requirement for a signature.
3
The registration officer may disclose information held in the personal identifiers records to—
a
any candidate or agent attending proceedings on receipt of postal ballot papers, in accordance with and for the purposes referred to in F33paragraph 51;
b
any person attending proceedings on receipt of postal ballot papers, who is entitled to do so by virtue of any of sections 6A to 6D of the 2000 Act M15, but only to the extent required to permit them to observe the proceedings.
Applications requiring applicants' signature27
1
In order to be satisfied that an application complies with any requirements of this Schedule for the application to contain the applicant's signature and a statement of the applicant's date of birth, the registration officer may refer to—
a
any signature and date of birth previously provided by the applicant to the registration officer or a returning officer, or
b
any signature and date of birth previously provided by the applicant to the council by which the registration officer was appointed which the officer is authorised to inspect under regulation 35 of the 2001 Regulations for the purposes of the officer's registration duties.
2
The registration officer may take such steps as appear necessary in order to be satisfied as to whether the applicant is unable to provide a signature (or a consistent or distinctive signature) due to any disability or inability to read or write.
PART 3Issue and receipt of ballot papers
Interpretation28
In this Part of this Schedule—
“agent” includes the election agent and a person appointed to attend in the election agent's place;
“ballot paper envelope” and “covering envelope” have the meaning given in paragraph 38;
“issue” includes the original or any subsequent issue;
“postal voters' ballot box” means the ballot box referred to in paragraph 45(1)(a);
“receptacle for ballot paper envelopes” and other references to specified receptacles means the receptacles listed in paragraph 45(5);
“spoilt postal ballot paper” means a ballot paper referred to in paragraph 41;
“valid postal voting statement” means a postal voting statement which, in accordance with paragraph F34...51, the local returning officer is satisfied is duly completed.
Combination of polls29
1
Where the poll at a PCC election is to be taken together under a relevant provision with the poll at one or more other elections or local referendums, the proceedings on the issue and receipt of postal ballot papers in respect of each election or local referendum may, if the returning officers and counting officers concerned agree, be taken together.
2
F134In sub-paragraph (1), “relevant provision” means the provisions of section 15(1) or (2) of the Representation of the People Act 1985, as they have effect in relation to PCC elections by virtue of article 13 of this Order.
F1353
Where the poll at a PCC election is to be taken together with the poll at an Assembly election under article 16A of the 2007 Order, the proceedings on the issue and receipt of postal ballot papers in respect of each election may, if the returning officers concerned agree, be taken together.
Form of postal voting statementF8...30
1
This paragraph specifies the form of the postal voting statement which is to be used for the purposes of rule 25 of the PCC elections rules.
2
Form 2 or a form to like effect is to be used at a PCC election taken alone.
F353
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F36Where—
a
the proceedings at a PCC election and another election or referendum are taken together, and
b
the proceedings on the issue and receipt of postal ballot papers at both elections are taken together,
the form of the postal voting statement which is to be used is the form of that statement which is required to be used at that other election or referendumF37, with the addition of the appropriate voting instructions for PCC elections.
5
Form 4 or a form to like effect is to be used where—
a
the proceedings at a PCC election and another election or referendum are taken together, but
b
the proceedings the proceedings on the issue and receipt of postal ballot papers are not taken together.
6
In this paragraph—
a
references to a numbered form are to the form of that number which is set out in Part 4 of this Schedule;
F38b
the “appropriate voting instructions for PCC elections” are—
i
where there are three or more candidates—
Vote by putting a cross [X] in the box
In column 1 next to your first choice candidate
In column 2 next to your second choice candidate
Your first and second choices should be different.
ii
where there are two candidates—
Vote for only one candidate by putting a cross [X] in the box next to your choice.
Persons entitled to be present at proceedings on issue of postal ballot papers31
Without prejudice to the provisions of section 6A, 6B, 6C, 6D or 6E of the 2000 Act, no person may be present at the proceedings on the issue of postal ballot papers other than—
a
the police area returning officer,
b
the local returning officer, and
c
the clerks of either officer.
Persons entitled to be present at proceedings on receipt of postal ballot papers32
Without prejudice to the provisions of section 6A, 6B, 6C, 6D or 6E of the 2000 Act, no person may be present at the proceedings on the receipt of postal ballot papers other than—
a
the police area returning officer,
b
the local returning officer,
c
the clerks of either officer,
d
a candidate,
e
an agent (including an agent appointed under paragraph 33),
f
a sub-agent, and
g
where the proceedings on the receipt of postal ballot papers are taken together with those proceedings at another election or a local referendum, persons entitled to be present at the proceedings for any such other election or local referendum.
Agents of candidates who may attend proceedings on receipt of postal ballot papers33
1
Each candidate may appoint one or more agents to attend the proceedings on the receipt of the postal ballot papers up to the number authorised by the local returning officer in respect of each candidate and so long as the number authorised is the same in the case of each candidate.
2
Notice in writing of the appointment stating the names and addresses of the persons appointed must be given by the candidate to the local returning officer before the time fixed for the opening of the postal voters' ballot box.
3
Agents may be appointed and notice of appointment given to the local returning officer by the candidate's election agent instead of by the candidate.
4
Where postal ballot papers for more than one election or local referendum are issued together under paragraph 29, the officer to whom notice must be given under sub-paragraph (2), (3) or (5) is the returning or counting officer who issues the ballot papers.
5
If an agent dies or becomes incapable of acting, the candidate may appoint another agent and must forthwith give to the local returning officer notice in writing of the name and address of the agent appointed.
6
In this Part of this Schedule references to agents are to be taken as references to agents whose appointments have been duly made and notified and, in the case of agents appointed under sub-paragraph (1), who are within the number authorised by the local returning officer.
7
A candidate may do any act or thing which any agent of the candidate, if appointed, would have been authorised to do, or may assist such an agent in doing any such act or thing.
8
Where in this Part of this Schedule any act or thing is required or authorised to be done in the presence of the candidates or their agents, the non-attendance of any such persons or person at the time and place appointed for the purpose does not, if the act or thing is otherwise duly done, invalidate the act or thing done.
Notification of requirement of secrecy34
The local returning officer must make such arrangements as the officer thinks fit to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy in writing of the provisions of sub-paragraphs (5) and (7) of article 22 (requirement of secrecy).
F7Time when postal ballot papers etc. are to be issued35
Postal ballot papers and postal voting statements must be issued by the local returning officer as soon as it is practicable to do so.
Procedure on issue of postal ballot paper36
1
The number of the elector as stated in the register must be marked on the corresponding number list, next to the number and unique identifying mark of the ballot paper issued to that elector.
2
A mark must be placed in the postal voters list or the proxy postal voters list against the number of the elector to denote that a ballot paper has been issued to the elector or the elector's proxy, but without showing the particular ballot paper issued.
3
The number of a postal ballot paper must be marked on the postal voting statement sent with that paper.
4
Where postal ballot papers for more than one election or local referendum are issued together under paragraph 29—
a
one mark must be placed in the postal voters list or the proxy postal voters list under sub-paragraph (2) to denote that ballot papers have been issued in respect of all those elections or local referendums except that, where postal ballot papers are not so issued, a different mark must be placed in the postal voters list or the proxy postal voters list to indicate the election or local referendum in respect of which the ballot paper was issued, and
b
the number of each ballot paper must be marked on the postal voting statement under sub-paragraph (3).
5
At a PCC election where the proceedings at that election and another election or a local referendum are taken together but the proceedings on the issue and receipt of postal ballot papers are not, the colour of the postal ballot paper must also be marked on the postal voting statement sent with the ballot paper.
6
Subject to sub-paragraph (7), the address to which the postal ballot paper, postal voting statement and the envelopes referred to in paragraph 38 are to be sent is—
a
in the case of an elector, the address shown in the postal voters list;
b
in the case of a proxy, the address shown in the proxy postal voters list.
7
Where a person has an anonymous entry in the register, the items specified in sub-paragraph (6) must be sent (as the case may be) to the address to which postal ballot papers should be sent as mentioned paragraph 4(2) or 7(7).
Refusal to issue postal ballot paper37
Where a local returning officer is satisfied that two or more entries in the postal voters list, or the proxy postal voters list or in each of those lists relate to the same elector, the officer must not issue more than one ballot paper in respect of that elector at any one election.
Envelopes38
1
Sub-paragraphs (2) and (3) prescribe the envelopes which must be issued to a postal voter in addition to the ballot paper and postal voting statement (which are issued under rule 25 of the PCC elections rules).
2
There must be issued an envelope for the return of the postal ballot paper or, as the case may be, ballot papers and the postal voting statement (referred to as a “covering envelope”) which is to be marked with the letter “B”.
3
There must also be issued a smaller envelope (referred to as a “ballot paper envelope”) which is to be marked with—
a
the letter “A”,
b
the words “ballot paper envelope”, and
c
unless the envelope has a window through which the number on the ballot paper (or ballot papers) can be displayed, the number of the ballot paper or, as the case may be, ballot papers.
4
Sub-paragraphs (5) and (6) apply where—
a
by virtue of provisions applied by article 13, the poll at a PCC election is taken together with the polls at an another election or local referendum, but
b
the proceedings on the issue and receipt of ballot papers are not taken together under paragraph 29.
5
The envelopes referred to in sub-paragraph (2) must also be marked “Covering envelope for the [insert colour of ballot paper] coloured ballot paper”.
6
On the envelopes referred to in in sub-paragraph (3), after the words “Ballot paper envelope”, the words “for the [insert colour of ballot paper] coloured ballot paper”.
Sealing up of completed corresponding number lists and security of special lists39
1
As soon as practicable after the issue of each batch of postal ballot papers, the local returning officer must make up into a packet the completed corresponding number lists of those ballot papers which have been issued and must seal the packet.
2
Until the time referred to in paragraph 48(11), the local returning officer must take proper precautions for the security of the marked copy of the postal voters list and the proxy postal voters list.
Delivery of postal ballot papers40
1
For the purposes of delivering postal ballot papers, the local returning officer may use—
a
a postal operator within the meaning of Part 3 of the Postal Services Act 2011 M16,
b
a commercial delivery firm, or
c
clerks appointed under rule 27 of the PCC elections rules.
2
Where the services of a universal postal service provider or commercial delivery firm are to be used, envelopes addressed to postal voters must be counted and delivered by the local returning officer with such form of receipt to be endorsed by that provider or firm as may be arranged.
3
Postage must be prepaid on envelopes addressed to the postal voters (except where sub-paragraph (1)(c) applies).
4
Return postage must be prepaid on all covering envelopes where the address provided by the postal voter for the receipt of the postal ballot paper is within the United Kingdom.
Spoilt postal ballot papers41
1
Where a postal voter (“PV”) has inadvertently dealt with PV's postal ballot paper or postal voting statement in such a manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt ballot paper”) or, as the case may be, a postal voting statement (referred to as “a spoilt postal voting statement”), PV may return (either by hand or by post) to the local returning officer the spoilt ballot paper or, as the case may be, the spoilt postal voting statement.
2
Where PV exercises the entitlement conferred by sub-paragraph (1), PV must also return—
a
the postal ballot paper or, as the case may be, the postal voting statement, whether spoilt or not,
b
where the postal ballot papers for more than one election or local referendum have been issued together under paragraph 29, all other ballot papers so issued, whether spoilt or not, and
c
the envelopes supplied for the return of the documents mentioned in paragraph 38.
3
Subject to sub-paragraph (4), on receipt of the documents referred to in sub-paragraph (1) (and, where applicable, sub-paragraph (2)), the local returning officer must issue another postal ballot paper or, as the case may be, ballot papers except where those documents are received after 5 pm on the day of the poll.
4
Where the local returning officer receives the documents referred to in sub-paragraph (1) (and, where applicable sub-paragraph (2)), after 5 pm on the day before the day of the poll, the local returning officer must only issue another postal ballot paper or, as the case may be, ballot papers if PV returned the documents by hand.
5
The following provisions apply to the issue of a replacement postal ballot paper under sub-paragraph (3)—
a
paragraph 36 (except sub-paragraph (2)),
b
paragraphs 38 and 39, and
c
subject to sub-paragraph (8), paragraph 40.
6
Any postal ballot paper or postal voting statement, whether spoilt or not, returned in accordance with sub-paragraph (1) or (2) must be immediately cancelled.
7
The local returning officer, as soon as practicable after cancelling those documents, must make up those documents in a separate packet and must seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet must be opened and the additional cancelled documents included in it and the packet must again be made up and sealed.
8
Where PV applies in person—
a
by 5 pm on the day before the day of the poll, the local returning officer may hand a replacement postal ballot paper to PV, or
b
after 5 pm on the day before the day of the poll, the local returning officer may only hand a replacement postal ballot paper to PV,
instead of delivering it in accordance with paragraph 40.
9
The local returning officer must enter in a list kept for the purpose (“the list of spoilt postal ballot papers”)—
a
the name and number of the elector as stated in the register (or the electoral number alone in the case of an elector who has an anonymous entry),
b
the number of any postal ballot paper issued under this paragraph, and
c
where PV is a proxy, PV's name and address.
Lost postal ballot papers42
1
Where a postal voter claims either to have lost or not to have received—
a
the postal ballot paper, or
b
the postal voting statement, or
c
one or more of the envelopes supplied for their return,
by the fourth day before the day of the poll, the postal voter may apply (whether or not in person) to the local returning officer for a replacement ballot paper.
2
Such an application must include evidence of the postal voter's identity.
3
Where a postal voter exercises the entitlement conferred by sub-paragraph (1), the postal voter must return—
a
the documents referred to in sub-paragraph (1)(a) to (c) , and
b
where the postal ballot papers for more than one election or local referendum have been issued together under paragraph 29, all other ballot papers so issued,
which the postal voter has received and which have not been lost.
4
Any postal ballot paper or postal voting statement returned in accordance with sub-paragraph (3) must be immediately cancelled.
5
The local returning officer, as soon as practicable after cancelling those documents, must make up those documents in a separate packet and must seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet must be opened and the additional cancelled documents included in it and the packet must be again made up and sealed.
6
Subject to sub-paragraph (7), where the application is received by the local returning officer before 5 pm on the day of the poll and the local returning officer—
a
is satisfied as to the postal voter's identity, and
b
has no reason to doubt that the postal voter has either lost or has not received the original postal ballot paper or the postal voting statement or one or more of the envelopes provided for their return,
the local returning officer must issue another postal ballot paper or, as the case may be, ballot papers.
7
Where the application is received by the local returning officer after 5 pm on the day before the day of the poll, the officer must only issue another postal ballot paper or, as the case may be, ballot papers if the postal voter applies in person.
8
The local returning officer must enter in a list kept for the purpose (“the list of lost postal ballot papers”)—
a
the name and number of the elector as stated in the register (or the electoral number alone in the case of an elector who has an anonymous entry),
b
the number of any postal ballot paper issued under this paragraph, and
c
where the postal voter is a proxy, the proxy's name and address.
9
The following provisions apply to the issue of a replacement postal ballot paper under sub-paragraph (6)—
a
paragraph 36 (except sub-paragraph (2)),
b
paragraphs 38 and 39, and
c
subject to sub-paragraph (10), paragraph 40.
10
Where a postal voter applies in person—
a
by 5 pm on the day before the day of the poll, the local returning officer may hand a replacement postal ballot paper to the postal voter, or
b
after 5 pm on the day before the day of the poll, the local returning officer may only hand a replacement postal ballot paper to the postal voter,
instead of delivering it in accordance with paragraph 40.
F5Cancellation of postal ballot papers42A
1
Where, after the nineteenth day before the date of the poll at a PCC election the registration officer grants a relevant application or receives a relevant notice, and the application or notice is not to be disregarded for the purposes of that election under paragraph 16, the registration officer must notify the local returning officer who must immediately cancel any postal ballot paper issued to the elector or proxy and, in the case of an application under paragraph 3(5)(a) or 7(6) (postal ballot paper to be sent to different address), must issue a replacement postal ballot paper.
2
Where a person returns a postal ballot paper that has been or is to be cancelled in accordance with sub-paragraph (1) (whether to the registration officer or the local returning officer), it must be dealt with as follows—
a
the ballot paper, together with any other ballot papers, postal voting statements or covering envelopes which are returned to the registration officer, must be given by the registration officer to the local returning officer;
b
any document returned in accordance with this sub-paragraph but not cancelled in accordance with sub-paragraph (1) must be immediately cancelled;
c
the local returning officer, as soon as practicable after receiving and cancelling those documents, must make up those documents in a separate packet and must seal the packet, and if on any subsequent occasion documents are returned in accordance with this sub-paragraph, the sealed packet must be opened, the additional cancelled documents included in it and the packet must be again made up and sealed.
3
The local returning officer must enter in a list kept for the purpose of recording postal ballot papers cancelled under this paragraph (“the list of cancelled postal ballot papers”)—
a
the name and number of the elector as stated in the register of electors (or, in the case of an elector who has an anonymous entry, their electoral number alone);
b
the number of the cancelled postal ballot paper;
c
the number of any replacement postal ballot paper issued under sub-paragraph (1); and
d
where the postal voter is a proxy, their name and address.
4
Paragraphs 36 (except sub-paragraph (2)), 38, 39 and 40 apply to a replacement postal ballot paper issued under sub-paragraph (1).
5
For the purposes of this paragraph—
a
a relevant application is an application under—
i
paragraph 3(5)(a) (postal ballot paper to be sent to different address),
ii
paragraph 3(5)(b) (voting by proxy by person recorded as voting by post),
iii
paragraph 5(4) (appointment of proxy),
iv
paragraph 7(6) (application from postal proxy voter for postal ballot paper to be sent to different address),
v
a provision mentioned in regulation 78A(1)(a) to (g) of the 2001 Regulations that would otherwise have effect in relation to the PCC election by virtue of paragraph 4, or
vi
a provision mentioned in paragraph 54A(1)(a) to (g) of Schedule 2 to the European Parliamentary Elections Regulations 2004 that would otherwise have effect in relation to the PCC election by virtue of paragraph 4,
b
a relevant notice is a notice under—
i
paragraph 5(6) (cancellation of proxy appointment), or
ii
paragraph 6(10) of Schedule 4 to the Representation of the People Act 2000 or paragraph 6(9) of Schedule 2 to the European Parliamentary Elections Regulations 2004 that would otherwise have effect in relation to a PCC election by virtue of paragraph 4 of this Schedule.
6
In computing the period of nineteen days for the purposes of sub-paragraph (1)—
a
a Saturday or Sunday,
b
Christmas Eve, Christmas Day, Good Friday or a bank holiday, or
c
a date appointed for public thanksgiving or mourning,
is to be disregarded.
Alternative means of returning postal ballot paper or postal voting statement43
1
For the purposes of rule 49(2) of the PCC elections rules, the manner in which a postal ballot paper or postal voting statement at a PCC election for any police area may be returned to a polling station is by hand.
2
For those purposes, the manner in which such a paper or statement may be returned to the local returning officer, is by hand or by post.
3
Subject to sub-paragraph (4), the presiding officer of the polling station must deliver, or cause to be delivered, any postal ballot paper or postal voting statement returned to that station to the local returning officer in the same manner and at the same time as the presiding officer delivers, or causes to be delivered, the packets referred to in rule 47(1) of the PCC elections rules.
4
The local returning officer may collect, or cause to be collected, any postal ballot paper or postal voting statement which by virtue of sub-paragraph (3) the presiding officer of a polling station would otherwise be required to deliver or cause to be delivered to the local returning officer.
5
Where the local returning officer collects, or causes to be collected, any postal ballot paper or postal voting statement in accordance with sub-paragraph (4) the presiding officer must first make it (or them) up into a packet (or packets) sealed with the presiding officer's own seal and the seals of such polling agents as are present and desire to affix their seals.
Notice of opening of postal ballot paper envelopes44
1
The local returning officer must give to each candidate not less than 48 hours' notice in writing of each occasion on which a postal voters' ballot box and the envelopes contained in it is to be opened.
2
Such a notice must specify—
a
the time and place at which such an opening is to take place, and
b
the number of agents a candidate may appoint under paragraph 33 to attend each opening.
Postal ballot boxes and receptacles45
1
The local returning officer must provide a separate ballot box for the reception of—
a
the covering envelopes when returned by the postal voters (“postal voters' ballot box”), and
b
postal ballot papers (“postal ballot box”).
2
Each such ballot box must be marked “postal voters' ballot box” or “postal ballot box” (as the case may be) and marked with—
a
the name of both the police area and the voting area in relation to which it is to be used at the PCC election, and
b
where the proceedings at that election and another election or a local referendum are taken together, the name of the parliamentary constituency, local counting area, voting area or, as the case may be, the relevant local authority for which the election or local referendum is held.
3
The postal ballot box must be shown to those agents present on the occasion of opening the first postal voters' ballot box as being empty.
4
The local returning officer must then lock the ballot box (if it has a lock) and apply the officer's seal in such manner as to prevent its being opened without breaking the seal; any of the agents present who wish to add their seals may then do likewise.
5
The local returning officer must provide the following receptacles—
a
the receptacle for rejected votes,
F39b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
the receptacle for ballot paper envelopes,
d
the receptacle for rejected ballot paper envelopes,
e
the receptacle for rejected votes (verification procedure), and
f
the receptacle for postal voting statements (verification procedure).
6
The local returning officer must take proper precautions for the safe custody of every ballot box and receptacle referred to in this paragraph.
Receipt of covering envelope46
1
The local returning officer must, immediately on receipt (whether by hand or by post) of a covering envelope (or an envelope which is stated to include a postal vote) before the close of the poll, place it unopened in a postal voters' ballot box.
2
Where an envelope, other than a covering envelope issued by the local returning officer—
a
has been opened, and
b
contains a ballot paper envelope, postal voting statement or ballot paper,
the first-mentioned envelope, together with its contents, must be placed in a postal voters' ballot box.
Opening of postal voters' ballot box47
1
Each postal voters' ballot box must be opened by the local returning officer in the presence of the agents.
2
So long as the local returning officer ensures that there is at least one sealed postal voters' ballot box for the reception of covering envelopes up to the time of the close of the poll, the other postal voters' ballot boxes may previously be opened by the officer.
3
The last postal voters' ballot box and the postal ballot box must be opened at the verification of the ballot paper accounts under rule 49 of the PCC elections rules.
Opening of covering envelopes48
1
When a postal voters' ballot box is opened, the local returning officer must count and record the number of covering envelopes (including any envelope which is stated to include a postal vote and any envelope described in paragraph 46(2)).
F402
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The local returning officer must open separately each covering envelope (including an envelope described in paragraph 46(2)).
F424
The procedure in paragraph 51 applies where a covering envelope (including an envelope to which paragraph 46(2) applies) contains a postal voting statement.
5
Where the covering envelope does not contain the postal voting statement separately, the local returning officer must open the ballot paper envelope to ascertain whether the postal voting statement is inside.
F436
Where a covering envelope does not contain a postal voting statement (whether separately or not) the local returning officer must mark the covering envelope “provisionally rejected”, attach its contents (if any) and place it in the receptacle for rejected votes.
F417
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
In carrying out the procedures in this paragraph and paragraphs 50 to 56, the local returning officer—
a
must keep the ballot papers face downwards and must take proper precautions for preventing any person from seeing the votes made on the ballot papers, and
b
must not be permitted to view the corresponding number list used at the issue of postal ballot papers.
9
Where an envelope opened in accordance with sub-paragraph (3) contains a postal voting statement, the local returning officer must place a mark in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned.
10
A mark made under sub-paragraph (9) must be distinguishable from and not obscure the mark made under paragraph 36(2).
11
As soon as practicable after the last covering envelope has been opened, the local returning officer must make up into a packet the copy of the marked postal voters list and proxy postal voters list that have been marked in accordance with sub-paragraph (9) and must seal such a packet.
Confirming receipt of postal voting statements49
1
An elector or a proxy voter who is shown in the postal voters list or proxy postal voters list may make a request, at any time between the first issue of postal ballot papers under paragraph 35 and the close of the poll, that the local returning officer confirm—
a
whether a mark is shown in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned, and
b
whether the number of the ballot paper issued to the elector or the elector's proxy has been recorded on either of the lists kept by the local returning officer under sub-paragraphs (2) and (3) of paragraph 55.
2
A request under sub-paragraph (1) must—
a
be made by any method specified by the local returning officer, and
b
include any evidence of the voter's identity requested by that officer.
3
Where a request is received in accordance with sub-paragraph (2) the local returning officer must satisfy himself or herself that the request has been made by the elector or their proxy and, if satisfied that it was, provide confirmation of the matters under sub-paragraph (1).
Procedure in relation to postal voting statementsF4450
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Procedure in relation to postal voting statements: personal identifier verification51
F451
This paragraph applies in the circumstances described in paragraph 48(4).
2
The local returning officer must satisfy himself or herself that the postal voting statement is duly completed and as part of that process must compare the date of birth and the signature on the postal voting statement against the date of birth and signature contained in the personal identifier record relating to the person to whom the postal ballot paper was addressed.
3
Where the local returning officer is not satisfied that the postal voting statement is duly completed, the officer must mark the statement “rejected”, attach to it the ballot paper envelope, or if there is no such envelope F46but there is a ballot paper, the ballot paper, and, subject to sub-paragraph (4), place it in the receptacle for rejected votes (verification procedure).
4
Before placing a postal voting statement in the receptacle for rejected votes (verification procedure), the local returning officer must show it to the agents and must permit them to view the entries in the personal identifiers record which relate to the person to whom the postal ballot paper was addressed, and if any of them object to the officer's decision, the officer must add the words “
rejection objected to
”
.
5
The local returning officer must then examine the number (or numbers) on the postal voting statement against the number (or numbers) on the ballot paper envelope and, where they are the same, the officer must place the statement and the ballot paper envelope respectively in the receptacle for postal voting statements (verification procedure) and the receptacle for ballot paper envelopes.
6
Where—
a
the number on a valid postal voting statement is not the same as the number on the ballot paper envelope, or
b
that envelope has no number on it (or only one number when the postal voting statement has more than one),
the local returning officer must open the envelope.
7
Sub-paragraph (8) applies where—
a
there is a valid postal voting statement but no ballot paper envelope,
b
the ballot paper envelope has been opened under sub-paragraph (6), or
c
the ballot paper envelope has been opened under paragraph 48(5).
8
In the circumstances described in sub-paragraph (7), the local returning officer must place—
a
in the postal ballot box, any ballot paper the number on which is the same as the number on the valid postal voting statement;
b
in the receptacle for rejected votes (verification procedure), any other ballot paper, with the valid postal voting statement attached and marked “provisionally rejected”;
c
in the receptacle for rejected votes (verification procedure), any valid postal voting statement marked “provisionally rejected” where—
i
there is no ballot paper, or
ii
in the case of a statement on which the number of more than one ballot paper appears, there is not a sufficient number of ballot papers and, in such a case, the local returning officer must mark the statement to indicate which ballot paper is missing;
d
in the receptacle for postal voting statements (verification procedure), any valid statement not disposed of under paragraph (b) or (c).
Postal voting statements: additional personal identifier verificationF4752
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Opening of ballot paper envelopes53
1
The local returning officer must open separately each ballot paper envelope placed in the receptacle for ballot paper envelopes.
2
The local returning officer must—
a
place in the postal ballot box any ballot paper the number on which is the same as the number (or one of the numbers) on the ballot paper envelope,
b
place in the receptacle for rejected votes any other ballot paper which must be marked “provisionally rejected” and to which the ballot paper envelope is to be attached, and
c
place in the receptacle for rejected ballot paper envelopes any ballot paper envelope which must be marked “provisionally rejected” because it does not contain either a ballot paper or, where more than one number appears on the ballot paper envelope, a sufficient number of ballot papers (and indicating in each case the missing ballot papers).
Retrieval of cancelled postal ballot papers54
1
Where it appears to the local returning officer that a cancelled postal ballot paper has been placed—
a
in a postal voters' ballot box,
b
in the receptacle for ballot paper envelopes, or
c
in a postal ballot box,
the officer must proceed as follows.
2
The local returning officer must, on at least one occasion on which a postal voters ballot box is opened in accordance with paragraph 47, also open any postal ballot box and the receptacle for ballot paper envelopes and—
a
retrieve the cancelled ballot paper,
b
show the ballot paper number on the cancelled ballot paper to the agents,
c
retrieve the postal voting statement that relates to a cancelled ballot paper from the receptacle for postal voting statements F48(verification procedure),
d
attach any cancelled postal ballot paper to the postal voting statement to which it relates,
e
place the cancelled documents in a separate packet and deal with that packet in the manner provided for by paragraph 41(7) F49or 42A(2), and
f
unless the postal ballot box has been opened for the purposes of the counting of votes under rule 52 of the PCC elections rules, re-lock (if it has a lock) and re-seal the postal ballot box in the presence of the agents.
3
Whilst retrieving a cancelled ballot paper in accordance with sub-paragraph (2), the local returning officer and the officer's staff—
a
must keep the ballot papers face downwards and must take proper precautions for preventing any person seeing the votes made on the ballot papers, and
b
must not be permitted to view the corresponding number list used at the issue of postal ballot papers.
Lists of rejected postal ballot papers55
1
In respect of any election, the local returning officer must keep F50lists relating to rejected postal ballot papers as required by this paragraph.
2
In the first list, the officer must record the ballot paper number of any postal ballot paper for which no valid postal voting statement was received with it.
3
In the second list, the officer must record the ballot paper number of any postal ballot paper which is entered on a valid postal voting statement where that ballot paper is not received with the postal voting statement.
F514
In the third list, the officer must record, for every postal voting statement in the receptacle for rejected votes (verification procedure) immediately prior to sealing—
a
the elector’s name and address (and the name and address of the proxy if the elector has a proxy);
b
the elector’s number on the register of electors (and that of the proxy if the elector has a proxy);
c
the specified reason or reasons for the rejection of the postal voting statement; and
d
any other information relating to the rejection that the officer considers appropriate, but not the ballot paper number.
5
The specified reasons that may be given under sub-paragraph (4)(c) for the rejection of a postal voting statement are as follows—
a
the signature does not match the example held on the personal identifiers record;
b
the date of birth does not match the one held on the personal identifiers record;
c
the signature field is blank; or
d
the date of birth field is blank.
Checking of lists of rejected ballot papers56
1
Where the local returning officer receives a valid postal voting statement without the postal ballot paper (or papers or, as the case may be, all of the papers) to which it relates, the officer may, at any time prior to the close of the poll, check the list kept under paragraph 55(2) to see whether the number (or numbers) of a postal ballot paper to which the statement relates is entered in that list.
2
Where the local returning officer receives a postal ballot paper without the postal voting statement to which it relates, the officer may, at any time prior to the close of the poll, check the list kept under paragraph 55(3) to see whether the number of that ballot paper is entered in that list.
3
The local returning officer must conduct the checks required by sub-paragraphs (1) and (2) as soon as practicable after the receipt of the packets from every polling station in, as the case may be, the voting area, parliamentary constituency, local counting area, electoral area or local authority area.
4
Where the ballot paper number in the list matches that number on a valid postal voting statement or, as the case may be, the postal ballot paper, the local returning officer must retrieve that statement or paper.
5
The local returning officer must then take the appropriate steps under this Part of this Schedule as though any document earlier marked “provisionally rejected” had not been so marked and must amend the document accordingly.
Sealing of packets57
1
As soon as practicable after the completion of the procedure under paragraph 56(3) and (4), the local returning officer must make up into separate packets the contents of—
a
the receptacle of rejected votes,
F52b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
the receptacle of rejected ballot paper envelopes,
d
the lists of F53spoilt, lost and cancelled postal ballot papers,
e
the receptacle of rejected votes (verification procedure), and
f
the receptacle of postal voting statements (verification procedure),
and must seal up such packets.
2
Any document in those packets marked “provisionally rejected” is to be deemed to be marked “rejected”.
Abandoned poll58
1
Where a poll is abandoned or countermanded after postal ballot papers have been issued, by reason of the death of a candidate, the local returning officer—
a
must not take any step or further step to open covering envelopes or deal with the contents in accordance with the provisions of this Part of this Schedule, and
b
must, notwithstanding paragraphs 48 to 53, treat all unopened covering envelopes and the contents of those that have been opened as if they were counted ballot papers.
2
Paragraph (1) does not apply where ballot papers for more than one election have been issued together under paragraph 29.
Forwarding of documents59
1
The local returning officer must forward to the relevant registration officer at the same time as the local returning officer forwards the documents mentioned in rule 66 of the PCC elections rules—
a
any packets referred to in paragraphs 39, 41(7), 42(5)F54, 42A(2), 48(11) and 57 (subject to paragraph 58), endorsing on each packet a description of its contents, the date of the election to which it relates and the name of the police area for which the election was held and the name of the voting area for which the local returning officer acts, F55...
b
a completed statement of the number of postal ballot papers issued, which is to be in Form 5 set out in Part 4 of this Schedule or a form to like effect,
F56c
any list compiled under paragraph 55(4).
2
Where, under a relevant provision (within the meaning of paragraph 29(2)), the poll at a PCC election is taken together with the poll at one or more other elections or local referendums, a separate statement in the form described in sub-paragraph (1)(b) must be completed for each election or local referendum.
F1362A
Where the poll at a PCC election is taken together with the poll at an Assembly election under article 16A of the 2007 Order, a separate statement in the form described in sub-paragraph (1)(b) must be completed for the PCC election.
3
Where—
a
any covering envelopes are received by the local returning officer after the close of the poll (apart from those delivered in accordance with the provisions of paragraph 43(3)),
b
any envelopes addressed to postal voters are returned as undelivered too late to be readdressed, or
c
any spoilt postal ballot papers are returned too late to enable other postal ballot papers to be issued,
the local returning officer must put them unopened in a separate packet, seal up such packet and endorse and forward it at a subsequent date in the manner described in sub-paragraph (1).
4
Rules 67 and 68 of the PCC elections rules apply to any packet or document forwarded under this paragraph F57except that in applying those rules the list compiled under paragraph 55(4) must be treated in the same manner as a counted ballot paper.
5
A copy of the statement referred to in sub-paragraph (1)(b) must be provided by the local returning officer to the F104Minister and the Commission in the period which starts 10 days after the day of the poll and ends 15 days after that day.
6
For the purposes of computing the period referred to in sub-paragraph (5)—
a
a Saturday or Sunday,
b
Christmas Eve, Christmas Day, Good Friday or a bank holiday, or
c
a day appointed for public thanksgiving or mourning,
is to be disregarded.
7
In sub-paragraph (3)(c), “spoilt postal ballot paper” has the meaning given in paragraph 41.
F6Notification of a rejected postal voting statement59A
1
Where a relevant absent voter appears on the list compiled under paragraph 55(4)—
a
the registration officer responsible for the personal identifiers record that contains information in respect of the absent voter must notify the absent voter (and the elector if the absent voter is a proxy) that the ballot paper concerned was rejected because the local returning officer was not satisfied that the postal voting statement was duly completed;
b
the registration officer must send the notification within the period of three months beginning with the date of the poll at which the ballot paper was rejected; and
c
the notification must include information as to which of the specified reasons referred to in paragraph 55(5) applied to the postal voting statement.
2
The registration officer is not obliged to send a notification—
a
to any person who is no longer shown as voting by post in the relevant record at the time the registration officer proposes to send the notification; or
b
where the registration officer suspects that an offence may have been committed in relation to the postal ballot paper, the postal voting statement or the absent voter’s registration as an elector.
3
A notification issued under sub-paragraph (1) may also include any other information that the registration officer considers appropriate, but a notification must not include information held on the personal identifiers record.
4
For the purposes of this paragraph and paragraph 59B, a “relevant absent voter” means an absent voter who—
a
appears on the postal voters list by virtue of paragraph 4(2)(a), or
b
appears as a proxy on the list of proxies by virtue of paragraph 4(3)(a).
F6Requirement to provide fresh signatures following rejection of a postal voting statement59B
1
This paragraph applies where a relevant absent voter is notified under paragraph 59A that the signature does not match the example held on the personal identifiers record, and the absent voter continues to be shown on the record kept under paragraph 3 of Schedule 4 to the Representation of the People Act 2000 or paragraph 3 of Schedule 2 to the European Parliamentary Elections Regulations 2004 as voting by post.
2
Where this paragraph applies, the registration officer may require the absent voter to provide a fresh signature for the personal identifiers record in accordance with regulation 60B(2) to (11) of the 2001 Regulations or, as the case may be, paragraph 31B(2) to (11) of Schedule 2 to the European Parliamentary Elections Regulations 2004.
PART 4Forms referred to in Parts 1 to 3 of this Schedule
Forms60
These are the forms referred to in Parts 1 to 3 of this Schedule M17.
Form 1 | Proxy paper (paragraph 5(5)) |
Form 2 | Postal voting statement where PCC election taken alone (paragraph 30(2)) |
Form 3 | F58. . . |
Form 4 | F59Postal voting statement where polls are combined but proceedings on issue and receipt of postal ballot papers are not combined |
Form 5 | Completed statement of the number of postal ballot papers issued (paragraph 59(1)(b)) |
F81Form 2: Postal voting statement where PCC election taken alone
Form 3 F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F82Form 4: Postal voting statement where polls are combined but proceedings on issue and receipt of postal ballot papers are not combined
F83Form 5: Statement of the number of postal ballot papers issued
SCHEDULE 3Rules for the conduct of PCC elections where poll not taken together with poll at another election
Form 6 | Nomination of candidates (rule 5) |
Form 7 | Consent to nomination (rule 8) |
Form 8A | Ballot paper (three or more candidates) (rule 19(1)(a)) |
Form 8B | Ballot paper (two candidates only) (rule 19(1)(b)) |
Form 9 | Corresponding number list for issue of postal ballot papers at a PCC election (rule 20(2)) |
Form 10 | Corresponding number list for use in polling station at a PCC election (rule 20(3)) |
Form 11 | Official poll card (rule 28) |
Form 12 | Official postal poll card (rule 28) |
Form 13 | Official proxy poll card (rule 28) |
Form 14 | Official postal proxy poll card (rule 28) |
Form 15 | Notice for guidance of voters for exhibition in voting compartment (rule 30(1)(a)) |
Form 16 | Notice for guidance of voters for exhibition inside and outside polling station (rule 30(1)(b)) |
Form 17 | Certificate as to employment on duty on the day of the poll (rule 34(4)) |
Form 18 | Declaration to be made by companion of a voter with disabilities (rule 41) |
PART 1Rules for all PCC elections
GENERAL PROVISIONS
Timetable1
F9The proceedings at the PCC election are to be conducted in accordance with the following Table.
F10Proceeding | Time |
|---|---|
Publication of notice of election | Not later than the 25th day before the day of the election |
Delivery of nomination papers | F122Between 10 am and 4 pm on any day after the date of publication of the notice of election but not later than the 19th day before the day of the election |
F123The making of objections to nomination papers | (1) Subject to paragraph (2), during the hours allowed for delivery of nomination papers on the last day for their delivery and the hour following. (2) No objection may be made in the afternoon of that last day except to a nomination paper delivered within 24 hours of the last time for its delivery and, in the case of a nomination paper so delivered, no objection may be made to the sufficiency or nature of the particulars of the candidate unless made at or immediately after the time of the delivery of the nomination paper. |
Delivery of notices of withdrawals of candidature | Not later than 4 p.m. on the 19th day before the day of the election |
Publication of statement of persons nominated | Not later than 4 p.m. on the 18th day before the day of the election |
Notice of poll | Not later than the 6th day before the day of the election |
Polling | Between 7 a.m. and 10 p.m. on the day of the election |
Modification of timetable for the ordinary election in 2012F112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Computation of time3
In computing any period of time for the purposes of rules 1 and 2—
a
a Saturday or Sunday,
b
Christmas Eve, Christmas Day, Good Friday or a bank holiday, or
c
a day appointed for public thanksgiving or mourning,
is to be disregarded, and any such day is not to be treated as a day for the purpose of any proceedings up to the completion of the poll nor is the police area returning officer or local returning officer obliged to proceed with the counting of the votes on such a day.
PART 2Stages common to contested and uncontested elections
NOTICE OF ELECTION
Notice of PCC election4
1
Each police area returning officer must give public notice of the PCC election stating—
a
the place and times at which nomination papers are to be delivered, and
b
the date of the poll in the event of a contest,
and the notice must state that forms of nomination papers may be obtained at that place and those times.
2
The notice of election must also state the arrangements which apply for making the payment required by rule 9 by means of the electronic transfer of funds.
3
The notice of election must state the date by which—
a
applications to vote by post or by proxy, and
b
other applications and notices about postal or proxy voting,
must reach the registration officer in order that they may be effective for the election.
4
The police area returning officer must send a copy of the notice of election to the local returning officer for each voting area wholly or partly comprised in the police area.
5
As soon as practicable after receipt of the copy of the notice of the PCC election, the local returning officer must give public notice of it at a place within the voting area for which the officer acts.
NOMINATION OF CANDIDATES
Nomination of candidates5
1
Each candidate must be nominated by a separate nomination paper, in Form 6 F124(in English or at a PCC election in Wales, in English or in Welsh) in Part 8 of this Schedule delivered to the police area returning officer at the place fixed for the purpose—
a
by the candidate in person, or
b
by the proposer or seconder of the candidate, or
c
by the candidate's election agent on the candidate's behalf if the agent's name and address have been previously given to the returning officer as required by article 26 or are so given at the time the nomination paper is delivered.
2
The nomination paper must state the candidate's—
a
full names, and
b
if desired, description,
and the surname must be placed first in the list of names.
3
If a candidate commonly uses—
a
a surname which is different from any other surname the candidate has, or
b
a forename which is different from any other forename the candidate has,
the nomination paper may state the commonly used surname or forename in addition to the other name.
4
A candidate's description (if any) can only be—
a
one authorised as mentioned in rule 6(1) or (3), or
b
the word “Independent”.
5
The nomination paper must be accompanied by a form (in these rules referred to as “the home address form”) which states the candidate's—
a
full names, and
b
home address in full.
6
Provision in paragraph (1) above about the delivery of the nomination paper applies also to the home address form.
7
The home address form—
a
may contain a statement made and signed by the candidate that he or she requires the home address not to be made public, and
b
if it does so, must contain a statement confirming that the candidate is registered in the register of electors for an electoral area in respect of an address within the police area.
F1258
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nomination papers: name of registered political party6
1
A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with a registered political party unless—
a
the party is a qualifying party in relation to the police area, and
b
the use of the description is authorised by a certificate that is—
i
issued by or on behalf of the registered nominating officer of the party, and
ii
received by the police area returning officer before the last time for the delivery of nomination papers set out in the Table in rule 1.
2
In paragraph (1) an authorised description must be—
a
the name of the party registered under section 28 of the 2000 Act M18, or
b
a description of the party registered under section 28A of that Act M19.
3
A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with two or more registered political parties unless—
a
the parties are each qualifying parties in relation to the police area,
b
the description is a registered description, and
c
the use of the description is authorised by a certificate that is—
i
issued by or on behalf of the registered nominating officer of each of the parties, and
ii
received by the police area returning officer before the last time for the delivery of nomination papers set out in the Table in rule 1.
4
For the purposes of paragraph (3), “registered description” means a joint description registered for use by the parties under section 28B of 2000 Act M20.
5
A person is guilty of a corrupt practice if the person fraudulently purports to be authorised to issue a certificate under paragraph (1) or (3) on behalf of a registered political party's nominating officer.
6
For the purposes of the application of this rule in relation to a PCC election—
a
“registered political party” means a party which was registered under Part 2 of the 2000 Act on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at that PCC election, and
b
a registered political party is a qualifying party in relation to a police area in England or Wales if the party was on the relevant day registered in respect of England or Wales (as the case may be) in the Great Britain register maintained under that Part of that Act.
7
For the purposes of paragraph (6)(a), any day specified in rule 3 is to be disregarded.
Subscription of nomination paper7
1
The nomination paper must be subscribed by 2 electors as proposer and seconder, and by 98 other electors as assenting to the nomination.
2
Where a nomination paper has the signatures of more than the required number of persons as proposing, seconding or assenting to the nomination of a candidate, the signature or signatures (up to the required number) that appear first on the paper in each category are to be taken into account to the exclusion of any others in that category.
3
The nomination paper must give the electoral number of each person subscribing it.
4
The police area returning officer—
a
must supply any elector with as many forms of nomination paper and forms of consent to nomination as may be required at the place and during the time for delivery of nomination papers, and
b
must at any elector's request prepare a nomination paper for signature,
but it is not necessary for a nomination or consent to nomination to be on a form that was supplied by the police area returning officer.
5
In this rule “elector”—
a
means a person who, on the last day for the publication of notice of the PCC election, is registered in the register of electors in respect of an address that is within the police area in question, and
b
includes a person then shown in the register as below voting age if (but only if) it appears from the register that the person will be of voting age on the day fixed for the poll.
6
But in this rule, “elector” does not include a person who has an anonymous entry in the register.
Consent to nomination8
A person is not validly nominated unless that person's consent to nomination—
a
is given in writing on or within the period of 31 days before the last day for the delivery of nomination papers,
b
is in Form 7 set out in Part 8 of this Schedule or a form to like effect
c
is attested by one witness, and
d
is delivered at the place and within the time for the delivery of nomination papers.
Deposit9
1
A person is not validly nominated unless the sum of £5,000 is deposited by or on behalf of the person with the police area returning officer at the place and during the time for delivery of nomination papers.
2
The deposit may be made either—
a
by the deposit of any legal tender, or
b
by means of a banker's draft, or
c
with the police area returning officer's consent, in any other manner (including by means of a debit or credit card or the electronic transfer of funds),
but the police area returning officer may refuse to accept a deposit sought to be made by means of a banker's draft if the officer does not know that the drawer carries on a business as a banker in the United Kingdom.
3
Where the deposit is made on behalf of a candidate, the person making the deposit must at the time it is made give the person's name and address to the police area returning officer (unless those details have previously been supplied to the officer under article 26 (appointment of election agent)).
Place for delivery of nomination papers and right to attend nomination10
1
The police area returning officer must fix the place in the police area at which nomination papers are to be delivered to the officer, and must attend there during the time for their delivery and for the making of objections to them.
2
Except for the purpose of delivering a nomination paper or of assisting the police area returning officer, no other person is entitled to attend the proceedings during the time for delivery of nomination papers or for making objections to them unless that person is—
a
a person standing nominated as a candidate, or
b
the election agent, proposer or seconder of such a person, or
c
a person who is entitled to attend by virtue of section 6A or 6B of the 2000 Act M21.
3
Where a candidate is the candidate's own election agent, the candidate may name one other person and that person is entitled to attend in place of the election agent.
4
Where a person stands nominated by more than one nomination paper, only the persons subscribing as proposer and seconder—
a
to such one of those papers as the candidate may select, or
b
in default of such a selection, to that one of those papers which is first delivered,
are entitled to attend as the person's proposer and seconder.
5
The right to attend conferred by this rule includes the right—
a
to inspect, and
b
to object to the validity of,
any nomination paper and associated home address form.
6
Paragraph (5) does not apply to a person mentioned in paragraph (2)(c).
7
One other person chosen by each candidate is entitled to be present at the delivery of the candidate's nomination, and may afterwards (so long as the candidate stands nominated) attend the proceedings referred to in paragraph (2) but without the right referred to in paragraph (5).
8
The police area returning officer must not permit a home address form to be inspected otherwise than in accordance with this rule, or for some other purpose authorised by law.
Decisions as to validity of nomination papers11
1
Where a nomination paper and the candidate's consent to it and the home address form are delivered and a deposit is made in accordance with these rules, the candidate is deemed to stand nominated unless and until—
a
the police area returning officer decides that the nomination paper is invalid, or
b
the police area returning officer decides that the home address form does not comply with rule 5(5) or (7), or
c
proof is given to the police area returning officer's satisfaction of the candidate's death, or
d
the candidate withdraws.
2
The police area returning officer is entitled to hold a nomination paper invalid only on one of the following grounds—
a
that the particulars of the candidate or the persons subscribing the paper are not as required by law;
b
that the paper is not subscribed as so required.
3
Subject to paragraph (4), the police area returning officer must, as soon as practicable after each nomination paper has been delivered, examine it and decide whether the candidate has been validly nominated.
4
If in the police area returning officer's opinion a nomination paper breaks rule 6(1) or (3), the officer must give a decision to that effect.
5
Any decision under paragraph (4) must be given—
a
as soon as practicable after the delivery of the nomination paper, and
b
in any event, before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers set out in the Table in rule 1.
6
Where the police area returning officer decides that a nomination paper is invalid, the officer must—
a
endorse on the paper the fact that the nomination is invalid and the reasons for the decision, and
b
sign the paper.
7
The police area returning officer's decision that a nomination paper is valid is final and may not be questioned in any proceeding whatsoever.
8
Subject to paragraph (7), nothing in this rule prevents the validity of a nomination being questioned on a PCC election petition.
Correction of minor errors12
1
At any time before the publication under rule 13 of the statement of persons nominated, a police area returning officer may correct minor errors in a nomination paper or a home address form.
2
Errors that may be corrected include—
a
errors as to a person's electoral number;
b
obvious errors of spelling in relation to the details of a candidate;
c
in the home address form, errors as to the information mentioned in rule 5(7)(b).
3
Anything done by a police area returning officer in pursuance of this rule may not be questioned in any proceeding other than proceedings on a PCC election petition.
4
A police area returning officer must have regard to any guidance issued by the Commission for the purposes of this rule.
Publication of statement of persons nominated13
1
The police area returning officer must prepare a statement showing—
a
the persons who have been and stand nominated, and
b
any other persons who have been nominated together with the reason why they no longer stand nominated.
2
The statement must show the names, addresses and descriptions of the persons nominated as given in their nomination papers and the home address forms.
3
If a person's nomination paper gives a commonly used surname or forename in addition to another name, the statement must show the person's commonly used surname or forename (as the case may be) instead of any other name.
4
Paragraph (3) does not apply if the police area returning officer thinks—
a
that the use of the person's commonly used name is likely to mislead or confuse electors, or
b
that the commonly used name is obscene or offensive.
5
If paragraph (4) applies, the police area returning officer must give notice in writing to the candidate of the reasons for refusing to allow the use of a commonly used name.
6
The statement of persons nominated must show the persons standing nominated arranged alphabetically in the order of their surnames, and if there are two or more of them with the same surname, of their other names.
7
In relation to a nominated person in whose case the home address form (or, if the person is nominated by more than one nomination paper, any of the home address forms) contains—
a
the statement mentioned in rule 5(7)(a), and
b
the information mentioned in rule 5(7)(b),
the reference in paragraph (2) to the person's address shall be read as a reference to the information mentioned in rule 5(7)(b).
F1267A
In the case of a person nominated by more than one nomination paper, the returning officer must take the particulars required by paragraphs (1) to (7) from such one of the papers as the candidate (or the returning officer in default of the candidate) may select.
8
Where—
a
two or more of the names shown on the statement are the same or so similar as to be likely to cause confusion,
b
paragraph (7) applies in relation to each of the persons in question, and
c
the information mentioned in rule 5(7)(b) is the same for each of them,
the police area returning officer may cause any of their particulars to be shown on the statement with such amendments or additions as the officer thinks appropriate in order to reduce the likelihood of confusion.
9
Where it is practicable to do so before the publication of the statement, the police area returning officer must consult any person whose particulars are to be amended or added to under paragraph (8).
10
The police area returning officer must give notice in writing to any person whose particulars are amended or added to under paragraph (8).
11
Anything done by a police area returning officer in pursuance of paragraph (8) must not be questioned in any proceedings other than proceedings on a PCC election petition.
12
A police area returning officer must have regard to any guidance issued by the Commission for the purposes of paragraph (8).
13
The police area returning officer—
a
must give public notice of the statement prepared under this rule, and
b
must send a copy of it to the Commission.
Local publication of statement under rule 1314
1
Immediately following publication of the statement of persons nominated, the police area returning officer must forward a copy of it to the local returning officer for each voting area wholly or partly comprised in the police area.
2
As soon as practicable after receipt of the copy of the statement, the local returning officer must give public notice of it at a place within the voting area for which the officer acts.
Withdrawal of candidates15
1
A candidate may withdraw from being a candidate by notice of withdrawal—
a
signed by the candidate and attested by one witness, and
b
delivered to the police area returning officer at the place for delivery of nomination papers.
2
Where a candidate (“A”) is outside the United Kingdom, a notice of withdrawal which is accompanied by a written declaration of A's absence from the United Kingdom is of the same effect as a notice signed by A if both the notice and the declaration are signed by A's proposer.
Nomination in more than one police area16
1
A candidate who is validly nominated for more than one police area must withdraw from being a candidate in all those police areas except one.
2
Any such candidate who does not withdraw is deemed to have withdrawn from being a candidate in all police areas.
METHOD OF ELECTION
Method of election: contested and uncontested election17
If, after any withdrawals under rule 15 or 16—
a
three or more candidates remain validly nominated, a poll must be taken in accordance with Parts 3 and 4 of these rules;
b
only two candidates remain validly nominated, a poll must be taken in accordance with Part 3;
c
only one candidate remains validly nominated, that person must be declared to be elected in accordance with Part 5.
PART 3Contested PCC elections
GENERAL PROVISIONS
Poll to be taken by ballot18
The votes at the poll must be given by ballot.
The ballot papers19
1
The ballot of every voter must consist of a ballot paper which—
a
in the case of an election with three or more candidates, must be in Form 8A set out in Part 8 of this Schedule;
b
in the case of an election with two candidates only, must be in Form 8B set out in Part 8 of this Schedule,
and which is printed according to the directions specified in that Part.
2
The persons remaining validly nominated for the police area after any withdrawals (and no other persons) are entitled to have their names shown on the ballot paper.
3
Each ballot paper must—
a
contain the names and other particulars of the candidates as shown in the statement of persons nominated,
b
be capable of being folded up, and
c
have a number and other unique identifying mark printed on the back.
4
If a request is made by or on behalf of a candidate whose description is authorised under rule 6(1) or (3) by a registered party, the ballot paper must contain the party's registered emblem (or one of its registered emblems) adjacent to the candidate's particulars.
5
A request under paragraph (4) must—
a
be made in writing to the police area returning officer, and
b
be received by the officer before the last time for the delivery of nomination papers set out in the Table in rule 1.
6
The order of the names in the ballot paper must be the same as in the statement of persons nominated (see rule 13).
Corresponding number list20
1
The local returning officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers which are to be issued by the officer in pursuance of rule 25 or provided by the officer in pursuance of rule 29(1).
2
The corresponding number list to be prepared for the purpose of rule 25(1) (postal ballot papers) and of paragraph 36(1) of Schedule 2 (procedure on issue of postal ballot paper) must be in Form 9 set out in Part 8 of this Schedule or a form to like effect.
3
The corresponding number list to be prepared for the purpose of rule 29(3)(d) (equipment of polling stations) and of rule 39(2)(b) (voting procedure) must be in Form 10 set out in Part 8 of this Schedule or a form to like effect.
The official mark21
1
Every ballot paper must contain an appropriate security marking (the official mark).
2
The official mark must be kept secret.
3
An interval of not less than five years must intervene between the use of the same official mark at PCC elections for the same police area.
4
A police area returning officer or local returning officer may use a different official mark for different purposes at the same PCC election.
Prohibition of disclosure of vote22
In any legal proceeding to question a PCC election, no person who has voted at the election may be required to state for whom he or she has voted.
Use of schools and public rooms23
1
The local returning officer may use, free of charge, for the purpose of taking the poll or counting the votes—
a
a room in a school maintained or assisted by—
i
in relation to England, a county council in England, a metropolitan district council, a non-metropolitan district council for an area for which there is no county council or the Council of the Isles of Scilly, or
ii
in relation to Wales, a county council or a county borough council in Wales;
b
a room in a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school;
c
a room the expense of maintaining which is met by—
i
in relation to England, a county council in England, a district council, a parish council or the Council of the Isles of Scilly, or
ii
in relation to Wales, a county council or a county borough council in Wales or a community council.
2
The local returning officer must make good—
a
any damage done to any such room, and
b
defray any expense incurred by the persons having control over any such room,
by reason of its being used for that purpose.
ACTION TO BE TAKEN BEFORE THE POLL
Notice of poll24
1
The police area returning officer must give public notice of the poll stating—
a
the day and hours fixed for the poll, and
b
the particulars of each candidate remaining validly nominated.
2
The order of the names in the notice of the poll must be the same as in the statement of persons nominated M22.
3
No later than the time of publication of the notice of the poll, the local returning officer must give public notice of—
a
the situation of each polling station in the voting area for which the officer acts, and
b
the description of voters entitled to vote there.
4
As soon as practicable after giving the notice required by paragraph (3), the local returning officer must send a copy of it to each of the election agents.
Postal ballot papers25
1
The local returning officer must, in accordance with Part 3 of Schedule 2, issue to those entitled to vote by post—
a
a ballot paper, and
b
a postal voting statement in the appropriate form prescribed by paragraph 30 of Schedule 2,
together with envelopes for their return that comply with the requirements of paragraph 38 of Schedule 2.
2
The local returning officer must also issue to those entitled to vote by post whatever information the officer thinks appropriate about how to obtain—
a
translations into languages other than English of any directions to or guidance for voters sent with the ballot paper;
b
a translation into Braille of such directions or guidance;
c
graphical representations of such directions or guidance;
d
the directions or guidance in any other form (including any audible form).
3
In the case of a ballot paper issued to a person at an address in the United Kingdom, the local returning officer must ensure that the return of the ballot paper and postal voting statement is free of charge to the voter.
Provision of polling stations26
1
The local returning officer must provide a sufficient number of polling stations and, subject to the following provisions of this rule, must allot the electors to the polling stations in whatever manner the officer thinks most convenient.
2
One or more polling stations may be provided in the same room.
3
The polling station to which electors from any parliamentary polling district wholly or partly within the voting area are allotted must, in the absence of special circumstances, be in the parliamentary polling place for that district unless that place is outside the voting area.
4
The local returning officer must provide each polling station with however many compartments are necessary in which the voters can mark their votes screened from observation.
Appointment of presiding officers and polling clerks27
1
The local returning officer must appoint and pay—
a
a presiding officer to attend at each polling station, and
b
however many clerks are necessary for the purposes of the election.
2
The local returning officer must not appoint any person who has been employed by or on behalf of a candidate in the PCC election.
3
The local returning officer may, if the officer thinks fit, preside at a polling station.
4
In a case within paragraph (3), the provisions of these rules relating to the presiding officer apply to the local returning officer so presiding, with the necessary modifications as to things to be done by the local returning officer to the presiding officer or by the presiding officer to the local returning officer.
5
A presiding officer may do, by the clerks appointed to assist the presiding officer, any act (including the asking of questions) which the presiding officer is required or authorised by these rules to do at a polling station except order the arrest, exclusion or removal of any person from the polling station.
Issue of official poll cards28
1
The local returning officer must as soon as practicable after the publication of the notice of the PCC election send to electors and their proxies an official poll card as follows—
a
an official poll card sent to an elector must be in Form 11 set out in Part 8 of this Schedule or a form to like effect;
b
an official postal poll card sent to an elector must be in Form 12 set out in Part 8 of this Schedule or a form to like effect;
c
an official poll card sent to the proxy of an elector must be in Form 13 set out in Part 8 of this Schedule or a form to like effect;
d
an official postal poll card sent to the proxy of an elector must be in Form 14 set out in Part 8 of this Schedule or a form to like effect.
2
An official poll card may be adapted in order to comply with any requirements as to delivery and may also contain such additional information as the local returning officer thinks appropriate.
3
An elector's official poll card must be sent or delivered to his or her qualifying address, and a proxy's to his or her address as shown in the list of proxies.
4
Rule 7(5) applies for the interpretation of this rule.
Equipment of polling stations29
1
The local returning officer must provide each presiding officer with however many ballot boxes and ballot papers the local returning officer thinks are necessary.
2
Every ballot box must be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked or, where the box has no lock, the seal being broken.
3
The local returning officer must provide each polling station with—
a
materials to enable voters to mark the ballot papers;
b
copies of the register of electors used for the PCC election which contains the entries relating to the electors allotted to the station (or, in the case of a register only part of which contains those entries, that part);
c
the parts of any special lists prepared for the PCC election corresponding to each register or part of a register provided under sub-paragraph (b);
d
a list prepared under rule 20 which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station.
4
The reference in paragraph (3)(b) to the copies of the register of electors includes a reference to copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act M23 in respect of alterations to the register.
5
The local returning officer must also provide each polling station with—
a
at least one large version of the ballot paper for the assistance of voters who are partially sighted which complies with article 85(6) and which must be displayed inside the polling station;
b
an enlarged hand-held sample copy of the ballot paper for the assistance of voters who are partially sighted which must be clearly marked as a specimen provided only for the guidance of voters;
c
a device for enabling voters who are blind or partially sighted to vote without any need for assistance from the presiding officer or any companion (within the meaning of rule 41).
6
The device mentioned in paragraph (5)(c) must—
a
allow a ballot paper to be inserted into and removed from, or attached to and detached from the device, easily and without damage to the paper,
b
hold the ballot paper firmly in place during use, and
c
provide suitable means for the voter—
i
to identify the spaces on the ballot paper on which the voter may mark his or her vote,
ii
to identify the candidate to which each such space refers, and
iii
to mark his or her vote on the space the voter has chosen.
7
The local returning officer must also provide each polling station with the notices for the guidance of voters that are provided to the local returning officer under rule 30(1) and—
a
the notices referred to in rule 30(1)(a) must be exhibited in every voting compartment, and
b
the notices referred to in rule 30(1)(b) must be exhibited outside the polling station and in the communal areas inside it.
8
Where information about the supplementary vote system is provided to the local returning officer under rule 30(3), the local returning officer must also provide each polling station with that information.
9
Any information provided to a polling station under paragraph (8) must be exhibited there.
10
Where proof has been given to the police area returning officer's satisfaction of the death of a candidate, the police area returning officer must request each local returning officer for a voting area wholly or partly comprised in the police area to provide each presiding officer with a sufficient number of notices to this effect for display in every compartment of every polling station.
Notices for the guidance of voters30
1
The police area returning officer must prepare and provide each local returning officer with—
F12a
notices for the guidance of voters for exhibition in voting compartments at polling stations—
i
in the form—
Vote by putting a cross [X] in the box
In column 1 next to your FIRST CHOICE candidate
In column 2 next to your SECOND CHOICE candidate
Your first and second choices should be different.
in the case of an election with three or more candidates; or
ii
in the form—
Vote for ONLY ONE CANDIDATE by putting a cross [X] in the box next to your choice.
in the case of an election with two candidates only; and
b
notices for the guidance of voters in Form 16 set out in Part 8 of this Schedule which are for exhibition outside and in the communal areas inside polling stations.
2
The police area returning officer may also provide versions of a notice in such other form described in article 85(2) or (3) as the police area returning officer thinks appropriate and, if the local returning officer agrees, these may also be exhibited inside and outside the polling station.
3
Where the Commission publishes information about the supplementary vote system to be used at PCC elections, the police area returning officer may provide each local returning officer with a copy of that information for exhibition at a polling station.
Appointment of polling and counting agents31
1
Before the commencement of the poll, each candidate may appoint—
a
polling agents to attend at polling stations for the purpose of detecting personation, and
b
counting agents to attend at the counting of the votes.
2
For each count, one (but no more than one) counting agent may be designated as a person authorised to require a re-count under rule 54.
3
A designation under paragraph (2) must be made at the same time as the person's appointment as a counting agent.
4
Not more than—
a
four polling agents, or
b
such greater number as the local returning officer may by notice allow,
are permitted to attend at any particular polling station.
5
If the number of polling agents appointed to attend at a particular polling station exceeds the permitted number—
a
the local returning officer must determine by lot which agents are permitted to attend, and
b
only the agents so determined are to be deemed as duly appointed.
6
The local returning officer may limit the number of counting agents so long as—
a
the number is the same in the case of each candidate, and
b
the number allowed to a candidate is not (except in special circumstances) less than the number obtained by dividing the number of clerks employed on the counting by the number of candidates.
7
A candidate who appoints a polling agent or a counting agent must give the local returning officer notice of the appointment no later than the 5th day F127(computed in accordance with rule 3) before the day of the poll.
8
If a polling or counting agent dies, or becomes incapable of acting, the candidate may appoint another agent and must forthwith give the local returning officer notice of the appointment.
9
A notice under paragraph (7) or (8) must—
a
be in writing, and
b
give the name and address of the agent appointed.
10
Any appointment authorised by this rule may be made and the notice of appointment given by the candidate's election agent, instead of by the candidate.
11
In the following provisions of these rules references to polling agents and counting agents are to be read as references to agents—
a
whose appointments have been duly made and notified, and
b
where the number of agents is restricted, who are within the permitted numbers.
12
Any notice required to be given to a counting agent by the local returning officer may be delivered at, or sent by post to, the address stated in the notice of appointment.
13
A candidate may do anything, or assist a polling agent or counting agent in doing anything, which such an agent is authorised to do on appointment by the candidate.
14
A candidate's election agent may do or assist in doing anything which a polling or counting agent appointed by the candidate is authorised to do; and anything required or authorised by these rules to be done in the presence of the polling or counting agents may be done in the presence of a candidate's election agent instead of the polling agent or counting agent.
15
Where by these rules anything is required or authorised to be done in the presence of the polling or counting agents, the non-attendance of any agent or agents at the time and place appointed for the purpose does not invalidate the thing (if the thing is otherwise duly done).
Notification of requirement of secrecy32
F131
The local returning officer must make whatever arrangements the officer thinks are appropriate to ensure that—
a
every person attending at a polling station (otherwise than for the purpose of voting or assisting a voter with disabilities to vote or as a constable on duty there) has been given a copy in writing of the provisions of article 22(1), (4) and (7), and
b
every person attending at the verification of ballot paper accounts or the counting of the votes (other than any constable on duty there) has been given a copy in writing of the provisions of article 22(2), (3) and (7).
F142
In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).
Return of postal ballot papers33
1
Where—
a
a postal vote has been returned in respect of a person who is entered in the postal voters list, or
b
a proxy postal vote has been returned in respect of a proxy who is entered in the proxy postal voters list,
the local returning officer must mark the list in the manner specified in paragraph 48 of Schedule 2.
2
Rule 49(2) does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.
THE POLL
Admission to polling stations34
1
The presiding officer must exclude from the polling station everyone except—
a
voters,
b
persons under the age of 18 who accompany voters to the polling station,
c
the police area returning officer and the local returning officer,
d
the candidates and their election agents,
e
the polling agents appointed to attend at the polling station,
f
the clerks appointed to attend at the polling station,
g
persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act M24,
h
the constables on duty, and
i
the companions of voters with disabilities.
2
The presiding officer must regulate the total number of voters and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.
3
Not more than one polling agent may be admitted at the same time to a polling station on behalf of the same candidate.
4
A constable or a person employed by a local returning officer may be admitted to vote in person elsewhere than at the polling station allotted under these rules only on production and surrender of a certificate (in these rules referred to as “a certificate as to employment on duty on the day of the poll”) that—
a
confirms that the person is a constable, or as the case be, is employed by a local returning officer,
b
is in Form 17 set out in Part 8 of this Schedule or a form to like effect, and
c
is signed by an officer of police of or above the rank of inspector or, as the case may be, by the local returning officer.
5
A certificate surrendered under this rule must forthwith be cancelled.
F156
In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).
Keeping of order in polling station35
1
It is the presiding officer's duty to keep order at the officer's polling station.
2
If a person engages in misconduct in a polling station, or fails to obey the presiding officer's lawful orders, the person may immediately, by the presiding officer's order, be removed from the polling station—
a
by a constable in or near that station, or
b
by any other person authorised in writing by the local returning officer to discharge this function.
3
A person so removed may not, without the presiding officer's permission, re-enter the polling station during the day.
4
A person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.
5
The powers conferred by this rule may not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity to vote at that station.
Sealing of ballot boxes36
1
Immediately before the commencement of the poll, the presiding officer must show anyone present in the polling station that the ballot box is empty.
2
The presiding officer must then—
a
lock the box (if it has a lock) and place his or her seal on it in a manner that prevents it from being opened without breaking the seal, and
b
place the box in his or her view for the receipt of ballot papers, and keep it so locked (if it has a lock) and sealed.
Questions to be put to voters37
1
At the time of the application (but not afterwards), the questions specified in the second column of the following table—
a
may be put by the presiding officer to a person applying for a ballot paper who is mentioned in the first column, and
b
must be put if the letter “R” appears after the question and the candidate or an election or polling agent requires the question to be put:
Person applying for ballot paper | Questions | |
|---|---|---|
1 | A person applying as a elector | (a) Are you the person registered in the register of electors as follows (read out the whole entry from the register)? [R] (b) Have you already voted in this election of a police and crime commissioner, here or elsewhere, otherwise than as a proxy for some other person? [R] |
2 | A person applying as proxy | (a) Are you the person whose name appears as A B in the list of proxies for this election of a police and crime commissioner as the person entitled to vote as proxy on behalf of C D? [R] (b) Have you already voted in this election of a police and crime commissioner, here or elsewhere, as the person entitled to vote as proxy on behalf of C D? [R] (c) Are you the spouse, civil partner, parent, grandparent, brother/ sister child or grandchild of C D? [R] |
3 | A person applying as proxy for an elector with an anonymous entry (instead of the questions at entry 2) | (a) Are you the person entitled to vote as proxy on behalf of the elector whose number on the register of electors is (read out the number from the register)? [R] (b) Have you already voted in this election of a police and crime commissioner, here or elsewhere, as proxy on behalf of the elector whose number on the register of electors is (read out the number from the register)? [R] (c) Are you the spouse, civil partner, parent, grandparent, brother/ sister child or grandchild of the elector whose number on the register of electors is (read out the number from the register)? [R] |
4 | A person applying as proxy if the question at entry 2(c) or 3(c) (if applicable) is not answered in the affirmative | Have you already voted in this election of a police and crime commissioner, here or elsewhere, on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother/ sister child or grandchild? [R] |
5 | A person applying as an elector in relation to whom there is an entry in the postal voters list | (a) Did you apply to vote by post? (b) Why have you not voted by post? |
6 | A person applying as proxy who is named in the proxy postal voters list | (a) Did you apply to vote by post as proxy? (b) Why have you not voted by post as proxy? |
2
In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, references in the table to reading from the register are to be read as references to reading from that notice.
3
A ballot paper must not be delivered to any person required to answer any of the above questions unless the person has answered each question satisfactorily.
4
Except as authorised by this rule, no inquiry is permitted as to the right of any person to vote.
Challenge of voter38
A person must not be prevented from voting by reason only that—
a
a candidate or the candidate's election or polling agent declares that there is reasonable cause to believe that the person has committed an offence of personation, or
b
the person is arrested on suspicion of committing or of being about to commit an offence of personation.
Voting procedure39
1
A ballot paper must be delivered to a voter who applies for one subject to any provision of these rules to the contrary.
2
Immediately before delivery—
a
the number and (unless paragraph (3) applies) name of the elector as stated in the copy of the register of electors must be called out,
b
the number of the elector must be marked on the list mentioned in rule 29(3)(d) beside the number of the ballot paper to be issued to the elector,
c
a mark must be placed in the register of electors against the number of the elector to note that a ballot paper has been received but without showing the particular ballot paper which has been received, and
d
in the case of a person applying for a ballot paper as proxy, a mark must also be placed against the person's name in the list of proxies.
3
An elector who has an anonymous entry must show the presiding officer his or her official poll card and only the number is to be called out in pursuance of paragraph (2)(a).
4
In the case of an elector who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (2) is modified as follows—
a
the reference in sub-paragraph (a) to the copy of the register of electors is to be read as a copy of the notice;
b
the reference in sub-paragraph (c) to a mark being placed in the register of electors is to be read as a mark being made on the copy of the notice.
5
Immediately after receiving the ballot paper, the voter must—
a
proceed into one of the compartments in the polling station and there secretly mark the paper and fold it up so as to conceal the vote, and
b
then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper so folded up into the ballot box in the presiding officer's presence.
6
The voter must vote without undue delay, and must leave the polling station as soon as he or she has put the ballot paper into the ballot box.
F167
A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.
Votes marked by the presiding officer40
1
This rule applies where a voter applies to the presiding officer to mark the voter's ballot paper and the voter—
a
is incapacitated by blindness or other disability from voting in the manner directed by these rules, or
b
declares orally that he or she is unable to read.
2
The presiding officer must, in the presence of the polling agents—
a
cause the voter's vote to be marked on a ballot paper in the manner directed by the voter, and
b
cause the ballot paper to be placed in the ballot box.
3
The name of every voter whose vote is marked in pursuance of this rule must be entered on a list (in these rules called “the list of votes marked by the presiding officer”), together with—
a
the voter's number on the register of electors, and
b
the reason for the vote being marked in pursuance of this rule.
4
In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name is the elector's number.
5
In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the reference in paragraph (3)(a) to the voter's number on the register of electors is to be read as a reference to the number relating to the voter on the notice.
Voting by persons with disabilities41
1
Paragraph (2) applies where a voter applies to the presiding officer, on the ground of blindness or other disability or inability to read, to be allowed to vote with the assistance of an accompanying person (in these rules referred to as the “companion”).
2
The presiding officer must grant the application if—
a
the voter makes an oral or written declaration that he or she is so incapacitated by blindness or other disability, or by an inability to read, as to be unable to vote without assistance,
b
the presiding officer is satisfied that the voter is so incapacitated, and
c
the presiding officer is satisfied by a written declaration made by the companion (in these rules referred to as “the declaration made by the companion of a voter with disabilities”) that the companion—
i
is a person qualified to assist the voter, and
ii
has not previously assisted more than one voter with disabilities to vote in the PCC election.
3
For the purposes of paragraph (2)(c), a person is qualified to assist a voter with disabilities to vote if the person—
a
is entitled to vote as an elector at the PCC election, or
b
is the father, mother, brother, sister, spouse, civil partner, son or daughter of the voter and has attained the age of 18 years.
4
The declaration made by the companion—
a
must be in Form 18 set out in Part 8 of this Schedule,
b
must be made before the presiding officer at the time when the voter applies to vote with the assistance of the companion, and
c
must forthwith be given to the presiding officer,
and the presiding officer must attest and retain the declaration.
5
No fee or other payment may be charged in respect of the declaration.
6
If the presiding officer grants an application under this rule, anything which is by these rules required to be done to or by the voter in connection with the giving of his or her vote may be done to, or with the assistance of, the companion.
7
The name of every voter whose vote is given in accordance with this rule must be entered on a list (in these rules referred to as “the list of voters with disabilities assisted by companions”) together with—
a
the voter's number on the register of electors, and
b
the name and address of the companion.
8
In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name is the elector's number.
9
In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the reference in paragraph (7)(a) to the voter's number on the register of electors is to be read as a reference to the number relating to the voter on the notice.
10
For the purposes of these rules, a person is a voter with disabilities if the person has made a declaration under paragraph (2)(a).
Tendered ballot papers: circumstances where available42
1
In the following cases a person is entitled to mark a ballot paper (a “tendered ballot paper”) in the same manner as any other voter if, in cases 1 to 6, the person satisfactorily answers the questions permitted by law to be asked at the poll. Rule 43 makes further provision about tendered ballot papers.
2
Case 1 is that—
a
a person applies for a ballot paper,
b
the person claims—
i
to be a particular elector named on the register, and
ii
not to be named in the postal voters list or the list of proxies, and
c
another person has already voted in person either as that elector or as proxy for that elector.
3
Case 2 is that—
a
a person applies for a ballot paper,
b
the person claims to be—
i
a particular person named in the list of proxies as proxy for an elector, and
ii
not entitled to vote by post as proxy, and
c
another person has already voted in person either as that elector or as proxy for that elector.
4
Case 3 is that—
a
a person applies for a ballot paper,
b
the person claims to be a particular elector named on the register,
c
the person is also named in the postal voters list, and
d
the person claims not to have made an application to vote by post.
5
Case 4 is that—
a
a person applies for a ballot paper,
b
the person claims to be a particular person named as a proxy in the list of proxies,
c
the person is also named in the proxy postal voters list, and
d
the person claims not to have made an application to vote by post as proxy.
6
Case 5 is that, before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper—
a
a person claims to be a particular elector named on the register and also named in the postal voters list, and
b
the person claims to have lost or not received the postal ballot paper.
7
Case 6 is that, before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper—
a
a person claims to be a particular person named as a proxy in the list of proxies and also named in the proxy postal voters list, and
b
the person claims to have lost or not received the postal ballot paper.
8
In the case of an elector who has an anonymous entry, the references in this rule to a person named on a register or list are to be read as references to a person whose number appears on the register or list (as the case may be).
9
In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references in this rule to a person named on the register are to be read as references to a person in respect of whom such a notice has been issued.
Tendered ballot papers: general provisions43
1
Tendered ballot papers must be a different colour from the other ballot papers.
2
Tendered ballot papers must be given to the presiding officer instead of being put into the ballot box.
3
On receiving a tendered ballot paper from a voter the presiding officer must endorse it with the voter's name and number on the register of electors.
4
The presiding officer must set tendered ballot papers aside in a separate packet.
5
The name and number on the register of electors of every voter whose vote is marked in pursuance of rule 42 must be entered on a list (in these rules referred to as the “tendered votes list”).
6
In the case of a person voting as proxy for an elector, the number to be endorsed or entered together with the voter's name is the elector's number.
7
In the case of an elector who has an anonymous entry, the references in paragraphs (3) and (5) to the name of the voter are to be ignored.
8
In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references in paragraphs (3) and (5) to the voter's number on the register of electors are to be read as references to the number relating to the voter on the notice.
Spoilt ballot papers44
1
This rule applies if a voter has inadvertently dealt with his or her ballot paper in a manner which means that it cannot conveniently be used as a ballot paper and—
a
the voter delivers the ballot paper (in these rules referred to as “a spoilt ballot paper”) to the presiding officer, and
b
proves the fact of the inadvertence to the satisfaction of the officer.
2
The voter may obtain a replacement ballot paper and the spoilt ballot paper must be cancelled immediately.
Correction of errors on the day of the poll45
The presiding officer must keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of the 1983 Act that takes effect on the day of the poll.
Adjournment of poll in case of riot46
1
Where the proceedings at a polling station are interrupted or obstructed by riot or open violence, the presiding officer must adjourn the proceedings till the following day and must give notice to the local returning officer as soon as practicable.
2
Where the poll is adjourned at a polling station—
a
the hours of polling on the day to which it is adjourned must be the same as for the original day, and
b
references in these rules to the close of the poll are to be read accordingly.
3
As soon as practicable after receiving notice of the adjournment of a poll, the local returning officer must inform the police area returning officer of that fact and of the cause of its adjournment.
Procedure on close of poll47
1
As soon as practicable after the close of the poll, the presiding officer must, in the presence of the polling agents, make up into separate packets—
a
each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with the key (if any) attached;
b
the unused and spoilt ballot papers placed together;
c
the tendered ballot papers;
d
the marked copies of the registers of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the list of proxies;
e
the lists prepared under rule 20, including the parts that were completed in accordance with rule 39(2)(b) (together referred to in these rules as “the completed corresponding number lists”);
f
the certificates as to employment on duty on the day of the poll;
g
the tendered votes list, the list of voters with disabilities assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters whose votes are so marked by the presiding officer under the heads “disability” and “unable to read”, the list maintained under rule 45, and the declarations made by the companions of voters with disabilities.
2
The marked copies of the registers of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the list of proxies must be in one packet and must not be in the same packet as the completed corresponding number lists or the certificates as to employment on duty on the day of the poll.
3
The packets must be sealed with—
a
the presiding officer's seal, and
b
the seals of any polling agents who want to affix their seals.
4
The presiding officer must deliver the packets, or cause them to be delivered, to the local returning officer to be taken charge of by that officer.
5
If the packets are not delivered by the presiding officer personally to the local returning officer, their delivery must be in accordance with arrangements approved by the local returning officer.
6
The packets must be accompanied by a statement (in these rules referred to as “the ballot paper account”) made by the presiding officer showing the number of ballot papers entrusted to him or her, and accounting for them under the following heads—
a
ballot papers issued and not otherwise accounted for,
b
unused ballot papers,
c
spoilt ballot papers, and
d
tendered ballot papers.
COUNTING OF VOTES
Verification of ballot paper accounts
Attendance at verification48
1
The local returning officer must make arrangements for the verification of the ballot paper accounts in the presence of the counting agents as soon as practicable after the close of the poll.
2
The local returning officer must give the counting agents notice in writing of the time and place at which the verification of the ballot paper accounts will begin.
3
A person may be present at the verification of the ballot paper accounts only if—
a
the person is within paragraph (4), or
b
the person is permitted by the local returning officer to attend.
4
The persons within this paragraph are—
a
the police area returning officer and the local returning officer;
b
the clerks of either officer;
c
the candidates and one other person chosen by each of them;
d
the election agents;
e
the counting agents;
f
persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act.
5
The local returning officer may give a person permission under paragraph (3)(b) only if the local returning officer is satisfied that the person's attendance will not impede the efficient verification of the ballot paper accounts.
6
The local returning officer must give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as the local returning officer can give them consistently with the orderly conduct of the proceedings and the discharge of the local returning officer's duties.
Procedure at verification of ballot paper accounts49
1
The local returning officer must, in the presence of the counting agents—
a
open the ballot boxes from each polling station and count and record the number of ballot papers in each box;
b
verify each ballot paper account;
c
count such of the postal ballot papers as have been duly returned and record the number counted.
2
A postal ballot paper is not to be taken to be duly returned unless—
a
it is returned in the manner specified in paragraph 43(1) or (2) of Schedule 2 and, before the close of the poll, it reached the local returning officer or a polling station in the voting area for which the officer acts,
b
the postal voting statement, duly signed, is also returned in the manner specified in paragraph 43(1) or (2) of Schedule 2 and, before the close of the poll, it reached the local returning officer or a polling station in the voting area for which the officer acts,
c
the postal voting statement also states the date of birth of the elector or proxy (as the case may be), and
d
F17... the local returning officer verifies the date of birth and signature of the elector or proxy (as the case may be).
F182A
A postal ballot paper or postal voting statement that reaches the local returning officer or a polling station on or after the close of the poll is treated for the purposes of paragraph (2) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.
3
The local returning officer, while counting and recording the number of ballot papers, must keep the ballot papers with their faces upwards and take all proper precautions for preventing anyone from seeing the numbers or other unique identifying marks printed on the back of the papers.
4
Unless otherwise directed by the police area returning officer, the local returning officer must determine the hours during which the procedure under this rule is to be carried out and must take proper precautions for the security of the ballot papers and documents.
5
The local returning officer must—
a
verify each ballot paper account by comparing it with the number of ballot papers recorded by the local returning officer, and the unused and spoilt ballot papers in the local returning officer's possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list);
b
draw up a statement as to the result of the verification.
6
Once the statement is drawn up the local returning officer must inform the police area returning officer of the contents of the statement.
7
Any counting agent present at the verification may copy the statement.
Additional steps: verification and count carried out at different places50
1
This rule applies where the votes at a PCC election are to be counted at a place other than that at which the procedures for the verification of the ballot paper accounts are carried out.
2
The local returning officer must on completing the procedure under rule 49—
a
make up into packets the ballot papers and the postal ballot papers for the PCC election and seal them up into containers endorsing on each the description of the voting area and the police area to which those ballot papers relate; and
b
deliver or cause to be delivered to the place at which the counting of the votes is to be carried out—
i
those containers together with a list of them and of the contents of each, and
ii
the ballot paper accounts together with a copy of the statement as to the result of their verification.
3
If the packets are not delivered by the local returning officer personally, their delivery must be in accordance with arrangements approved by the police area returning officer.
4
The police area returning officer may give a local returning officer for any voting area wholly or partly comprised in the police area directions which, once the packets have been delivered to the place where the votes at the PCC election are to be counted, require the local returning officer to take specified steps for the carrying out of further specified verification procedures in relation to the ballot papers and other documents relating to the PCC election.
5
In paragraph (4), “specified” means specified by the police area returning officer in directions given under that paragraph.
The first count
Attendance at the first count51
1
The local returning officer must make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the close of the poll.
2
The local returning officer must give the counting agents notice in writing of the time and place at which the counting of votes will begin.
3
A person may be present at the counting of the votes given in a voting area only if—
a
the person is within paragraph (4), or
b
the person is permitted by the local returning officer to attend,
but, where the votes given in two or more voting areas are to be counted at the same place, the persons who may be present at that place are those who would be entitled to be present at the count for each voting area.
4
The persons within this paragraph are—
a
the police area returning officer and the local returning officer;
b
the clerks of either officer;
c
the candidates and one other person chosen by each of them;
d
the election agents;
e
the counting agents;
f
persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act.
5
The local returning officer may give a person permission under paragraph (3)(b) only if the local returning officer—
a
is satisfied that the person's attendance will not impede the efficient counting of the votes, and
b
has consulted the election agents or thought it impracticable to do so.
6
The local returning officer must give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as the local returning officer can give them consistently with the orderly conduct of the proceedings and the discharge of the local returning officer's duties.
7
In particular where the votes are counted by sorting the ballot papers according to the candidate for whom the vote is given and then counting the number of ballot papers for each candidate, the counting agents must be allowed to satisfy themselves that the ballot papers are correctly sorted.
The first count52
1
Where the containers referred to in rule 50 are delivered to the place where the counting of votes is to be carried out, the local returning officer must open in the presence of the counting agents all the packets of ballot papers other than those containing unused, spoilt or tendered ballot papers.
2
The local returning officer must not count the votes given on any ballot papers until—
a
in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box;
b
in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.
3
The local returning officer must then—
a
where the election is contested by three or more candidates, count the number of first preference votes given for each candidate;
b
where the election is contested by only two candidates, count the votes given for each candidate.
4
The local returning officer must not count any tendered ballot paper.
5
The local returning officer, while counting the votes, must keep the ballot papers with their faces upwards and take all proper precautions for preventing anyone from seeing the numbers or other unique identifying marks printed on the back of the papers.
6
The local returning officer must so far as practicable proceed continuously with the counting of votes, allowing only time for refreshment, except that the local returning officer may exclude the whole or any part of the period between 7 pm and 9 am on the next day.
7
During the time so excluded the local returning officer must—
a
place the ballot papers and other documents relating to the PCC election under the local returning officer's seal and the seals of any of the counting agents who want to affix their seals, and
b
otherwise take proper precautions for the security of the papers and documents.
Rejected ballot papers53
1
Any ballot paper—
a
which does not bear the official mark;
b
on which more than one first preference vote is given;
c
on which anything is written or marked by which the voter can be identified (except the printed number and other unique identifying mark on the back);
d
which is unmarked;
e
which is void for uncertainty as to the first preference vote,
is, subject to paragraph (2), void and not to be counted.
2
A ballot paper on which the vote is marked—
a
elsewhere than in the proper place, or
b
otherwise than by means of a cross, or
c
by more than one mark,
is not for that reason void if condition A or condition B is met.
3
Condition A is that—
a
three or more candidates remain validly nominated,
b
an intention that a first preference vote be given for not more than one of the candidates clearly appears, and
c
the way the paper is marked does not itself identify the voter and it is not shown that the voter can be identified from it.
4
Condition B is that—
a
paragraph (3)(a) does not apply,
b
an intention that a vote is for one only of the candidates clearly appears, and
c
the way the paper is marked does not itself identify the voter and it is not shown that the voter can be identified from it.
5
A ballot paper—
a
which is not otherwise void, and
b
on which not more than one first preference vote is marked (whether or not a second preference vote is marked),
is valid as respects that first preference vote and must be counted accordingly.
6
The local returning officer must endorse the word “rejected” on any ballot paper which under this rule is not be to counted and must add to the endorsement the words “rejection objected to” if any objection is made to the officer's decision by a counting agent.
7
The local returning officer must draw up a statement showing the number of rejected ballot papers under the several heads of—
a
want of an official mark;
b
voting for more than one candidate as to the first preference vote;
c
writing or mark by which the voter could be identified;
d
unmarked as to the first preference vote;
e
void for uncertainty.
8
In the case of an election where only two candidates remain validly nominated, this rule is to have effect as if—
a
in paragraph (1)(b), for “first preference vote” there were substituted “
vote
”
;
b
in paragraphs (1)(e) and (7)(b) and (d), the words “as to the first preference vote” were omitted;
c
paragraph (5) were omitted.
Re-count54
1
A person within paragraph (3) who is present on completion of the counting (or any re-count) of the votes in a voting area may require that the votes be re-counted or again re-counted.
2
The local returning officer may refuse to have the votes re-counted if in the local returning officer's opinion the requirement is unreasonable.
3
The persons within this paragraph are—
a
the candidates;
b
the election agents;
c
the counting agents who, in relation to the count or re-count, are authorised under rule 31(2).
4
No step is to be taken on the completion of the counting (or any re-count) of votes until the persons within paragraph (3) who are present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.
Direction to conduct a re-count55
1
The police area returning officer may direct a local returning officer to have the votes re-counted.
2
The police area returning officer may give a direction under paragraph (1) only if the police area returning officer has reason to doubt the accuracy of the counting of the votes in the voting area for which the local returning officer acts.
3
A local returning officer who is given a direction under paragraph (1) must—
a
begin the re-count as soon as practicable, and
b
if the officer does not begin the re-count immediately, notify the counting agents of the time and place at which it will take place.
Decisions on ballot papers56
The decision on any question arising in respect of a ballot paper which is made by the local returning officer is final, but may be subject to review on a PCC election petition.
Procedure at conclusion of the first count57
1
As soon as practicable after the conclusion of the count (including any re-count), the local returning officer must draw up a statement showing—
a
the total number of ballot papers used,
b
the total number of rejected ballot papers,
c
at an election contested by three or more candidates—
i
the total number of first preference votes given, and
ii
the number of first preference votes given for each candidate;
d
at an election contested by only two candidates, the number of votes given for each candidate.
2
As soon as practicable after the statement is drawn up under paragraph (1), the local returning officer must inform the police area returning officer of its contents.
3
As soon as practicable after being authorised to do so by the police area returning officer, the local returning officer must—
a
inform such of the candidates and their election agents as are then present of the contents of—
i
the statement prepared in accordance with paragraph (1), and
ii
the statement prepared in accordance with rule 53(7), and
b
give public notice of the contents of those statements.
The central calculation
Attendance at the central calculation58
1
The police area returning officer—
a
must make arrangements for the making of the calculation under rule 59 in the presence of the election agents, and
b
must give to those agents notice in writing of the time and place at which the calculation will begin.
2
No person other than—
a
the police area returning officer and the officer's clerks;
b
the local returning officers and a clerk chosen by each of them;
c
the candidates and one person chosen by each of them;
d
the election agents;
e
persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act,
may be present at a calculation, unless permitted by the police area returning officer to attend.
3
A person not entitled to attend a calculation must not be permitted to do so by the police area returning officer unless the officer—
a
is satisfied that the efficiency of the calculation will not be impeded, and
b
has either consulted the election agents or thought it impracticable to do so.
The first calculation and resolution of equality59
1
As soon as the police area returning officer has received the information required by rule 57 from every local returning officer, the police area returning officer must—
a
in relation to an election contested by three or more candidates, ascertain the total of the first preference votes given in the police area to each candidate;
b
in relation to an election contested by only two candidates, ascertain the total number of votes given in the police area to each candidate.
2
As soon as the police area returning officer has ascertained the result of the calculation, the officer must inform such of the election agents as are then present of the relevant figures and must give them a reasonable opportunity to satisfy themselves as to the accuracy of the calculation.
3
A person informed of the relevant figures under paragraph (2) may require the police area returning officer to make a calculation again but the officer may refuse to do so if in the officer's opinion the request is unreasonable.
4
In paragraphs (2) and (3), “the relevant figures” means—
a
in the case of an election contested by three or more candidates—
i
the number of first preference votes given in the police area for each candidate, and
ii
the calculation undertaken by the police area returning officer for the purpose of ascertaining whether a candidate is to be returned in accordance with paragraph 3 of Schedule 9 to the 2011 Act (candidate with overall majority of first preference votes);
b
in the case of an election contested by only two candidates, the total number of votes given in the police area for each candidate.
5
Where an election is contested by three or more candidates—
a
if paragraph 3 of Schedule 9 to the 2011 Act applies (candidate with overall majority of first preference votes), the declaration of the person to be returned to the office of police and crime commissioner for the police area must be made in accordance with rule 62;
b
if paragraph 4(1) of Schedule 9 to the 2011 Act applies (no candidate with overall majority of first preference votes), the police area returning officer must proceed with the second calculation in accordance with Part 4 of these Rules.
6
Where an election is contested by only two candidates and the total number of votes given for each of them is unequal, the person to be returned to the office of police and crime commissioner for the police area is the candidate to whom the majority of the votes is given.
7
Where an election is contested by only two candidates and the total number of votes given for each of them is equal, the person to be returned to the office of police and crime commissioner for the police area is the person whom the police area returning officer decides, in accordance with paragraph 4(8) of Schedule 9 to the 2011 Act, is to be returned to that office.
8
In a case to which paragraph (6) or (7) applies, the declaration of the person to be returned to the office of police and crime commissioner for the police area must be made in accordance with rule 62.
PART 4Further provision: three or more candidates
Counting of second preference votes60
1
As soon as the police area returning officer has determined that paragraph 4(1) of Schedule 9 to the 2011 Act applies, the police area returning officer must direct every local returning officer to count the second preference votes for the candidates who are not eliminated from the contest.
2
A local returning officer who is given a direction under paragraph (1) must—
a
notify the counting agents for candidates not eliminated from the contest of the time and place at which the count of second preference votes will take place,
b
count the number of second preference votes given in the voting area for each of the candidates remaining in the contest M25 by votes which did not give a first preference vote to any of those candidates,
c
draw up a statement of the number of second preference votes given to each remaining candidate,
d
as soon as practicable after the statement is drawn up under sub-paragraph (c), inform the police area returning officer of its contents, and
e
as soon as practicable after being authorised to do so by the police area returning officer—
i
inform such of the candidates and their election agents as are then present of the contents of the statement prepared in accordance with sub-paragraph (c) and the statement prepared in accordance with rule 53(5) (as applied by paragraph (4) of this rule), and
ii
give public notice of the contents of those statements.
3
A ballot paper—
a
which is not otherwise void, and
b
on which not more than one second preference vote is marked,
is valid as respects that second preference vote and must be counted accordingly if (and only if) a valid first preference vote has been marked.
4
The following provisions have effect in relation to the counting of the second preference votes as they have effect in relation to the counting of votes under rule 52—
a
rule 51(3) to (7),
b
rule 52(4) to (6),
c
rule 53(1), (2), (4) and (5),
d
rule 54,
e
rule 55, and
f
rule 56.
5
In their application by virtue of paragraph (4), those provisions have effect as if—
a
references to candidates were to candidates not eliminated from the contest,
b
references to election agents or counting agents were to election agents or counting agents appointed by such candidates, and
c
references to first preference votes were to second preference votes.
6
A local returning officer may not be required to re-examine any decision taken under rule 56.
The second calculation and resolution of equality61
1
Once the police area returning officer has received from each local returning officer the statement required by rule 60(2)(c), the police area returning officer must comply with paragraph 4(5) and (6) of Schedule 9 to the 2011 Act.
2
As soon as the police area returning officer has ascertained the result of the second calculation, the officer must provide such of the election agents for those candidates who remain in the contest as are then present with a copy of the relevant figures and must give them a reasonable opportunity to satisfy themselves as to the accuracy of the calculation.
3
A person informed of the relevant figures under paragraph (2) may require the police area returning officer to make a calculation again but the officer may refuse to do so if in the officer's opinion the request is unreasonable.
4
In paragraphs (2) and (3), “the relevant figures” means—
a
the number of second preference votes given in the police area for each of the candidates remaining in the contest, and
b
the calculation undertaken by the police area returning officer for the purpose of ascertaining the total number of first and second preference votes given to each of those candidates.
5
If, after the second calculation, the total number of votes given for two or more candidates is equal, the person to be returned the office of police and crime commissioner for the police area is the person whom the police area returning officer decides, in accordance with paragraph 4(8) of Schedule 9 to the 2011 Act, is to be returned to that office.
6
Rule 58(2) and (3) has effect in relation to the calculation to be made under this rule as it has effect in relation to the calculation made under rule 59 but as if the reference to candidates was to candidates not eliminated from the contest and the reference to election agents or counting agents was to election agents or counting agents appointed by such candidates.
PART 5Final proceedings in contested and uncontested elections
Declaration of result62
1
In a contested election, the police area returning officer must declare to be elected as police and crime commissioner for the police area the candidate who—
a
in accordance with section 57(2) of the 2011 Act (elections with only two candidates) is to be returned as the commissioner;
b
in accordance with Schedule 9 to the 2011 Act (elections with three or more candidates) is to be returned as the commissioner.
2
The police area returning officer must give public notice of—
a
the name of the person declared to be elected and the person's authorised description, if any, under rule 6(1) or (3),
b
the total number of first preference votes given for each candidate,
c
the number of rejected ballot papers under each head shown in the statement of rejected ballot papers (rule 53(5)), and
d
if second preference votes were counted—
i
the total number of second preference votes given for each of the candidates remaining in the contest after the count of the first preference votes, and
ii
the number of ballot papers rejected for the purposes of the count of second preference votes on the ground that they were unmarked or void for uncertainty as to the second preference vote.
3
In an uncontested election, the police area returning officer must as soon as practicable after the latest time for the delivery of notices of withdrawals of candidature—
a
declare to be elected the candidate remaining validly nominated, and
b
give public notice of the name of the person declared to be elected and the person's authorised description, if any, under rule 6(1) or (3).
4
The police area returning officer must send a copy of the notice given under paragraph (2) or (3) to—
a
the F105Minister, and
b
the local returning officer.
5
As soon as practicable after receipt of the copy of the notice under paragraph (4)(b), the local returning officer must give public notice of it at a place within the voting area for which the officer acts.
Return or forfeiture of candidate's deposit63
1
Unless forfeited in accordance with paragraph (5), the deposit made under rule 9 must either be returned to the person making it or to his or her personal representative.
2
Subject to paragraph (4), the deposit must be returned not later than the next day after that on which the result of the election is declared.
3
For the purposes of paragraph (2)—
a
a day is to be disregarded if it would be disregarded under rule 3 in computing any period of time for the purpose of a PCC election, and
b
the deposit is to be treated as being returned on a day if a cheque for the amount of the deposit is posted on that day.
4
If—
a
the candidate is not shown as standing nominated in the statement of persons nominated, or
b
proof of the candidate's death has been given to the police area returning officer,
the deposit must be returned as soon as practicable after the publication of that statement or after the candidate's death (as the case may be).
5
Where a poll is taken and, after the first calculation under rule 59, the candidate is found not to have polled more than 5 per cent. of the total number of first preference votes polled by all the candidates, the candidate's deposit is forfeited to Her Majesty.
Destruction of home address forms64
The police area returning officer must destroy each candidate's home address form—
a
on the next working day following the 21st day after the police area returning officer has declared the name of the person elected to the office of police and crime commissioner, or
b
if a PCC election petition questioning the election is presented before that day, on the next working day following the conclusion of proceedings on the petition or on appeal from such proceedings.
PART 6Disposal of documents
Sealing up of ballot papers65
1
On the completion of the counting at a contested election the local returning officer must seal up in separate packets—
a
the counted ballot papers, and
b
the rejected ballot papers.
2
The local returning officer may not open the sealed packets of—
a
tendered ballot papers,
b
the completed corresponding number lists,
c
certificates as to employment on duty on the day of the poll, or
d
marked copies of the registers of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and lists of proxies.
Delivery of documents66
1
The local returning officer must—
a
endorse on each of the sealed packets a description of its contents, the date of the PCC election to which they relate and the name of the police area for which the election was held, and
b
forward the documents specified in paragraph (2) to the relevant registration officer.
2
The documents referred to in paragraph (1) are—
a
the packets of ballot papers in the local returning officer's possession;
b
the ballot paper accounts and the statements of—
i
rejected ballot papers, and
ii
the result of the verification of the ballot paper accounts;
c
the tendered votes lists, the lists of voters with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, the lists maintained under rule 45 and the declarations made by the companions of voters with disabilities;
d
the packets of the completed corresponding number lists;
e
the packets of certificates as to employment on duty on the day of the poll;
f
the packets containing marked copies of the registers (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and marked copies of the postal voters list, of the lists of proxies and of the proxy postal voters list;
g
the documents to be forwarded under paragraph 59 of Schedule 2.
Orders for production of documents67
1
An order—
a
for the inspection or production of any rejected ballot papers in the custody of the relevant registration officer,
b
for the opening of a sealed packet of completed corresponding number lists or of certificates as to employment on duty on the day of the poll, or
c
for the inspection of any counted ballot papers in the custody of the relevant registration officer,
may be made by a county court if the court is satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers or for the purpose of a PCC election petition.
2
An election court may make an order—
a
for the opening of a sealed packet of completed corresponding number lists or of certificates as to employment on duty on the day of the poll, or
b
for the inspection of any counted ballot papers in the custody of the relevant registration officer.
3
An order under this rule may be made subject to whatever conditions the court thinks expedient as to—
a
persons,
b
time,
c
place and mode of inspection, or
d
production or opening.
4
In making and carrying into effect an order for the opening of a packet of completed corresponding number lists or certificates or for the inspection of counted ballot papers, care must be taken to avoid disclosing the way in which the vote of any particular voter has been given until it has been proved—
a
that the vote was given, and
b
that the vote has been declared by a competent court to be invalid.
5
An appeal lies to the High Court from any order of a county court under this rule.
6
A power given under this rule to a court may be exercised by any judge of the court otherwise than in open court.
7
Where an order is made for the production by the relevant registration officer of any document in the registration officer's possession relating to any specified PCC election—
a
the production by the registration officer or the registration officer's agent of the document ordered in the manner directed by the order is conclusive evidence that the document relates to the specified election;
b
any endorsement on any packet of ballot papers so produced is prima facie evidence that the ballot papers are what they are stated to be by the endorsement.
8
The production from proper custody of—
a
a ballot paper purporting to have been used at any election, and
b
a completed corresponding number list with a number marked in writing beside the number of the ballot paper,
is prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry on the register of electors (or on a notice issued under section 13B(3B) or (3D) of the 1983 Act at the time of the election) contained the same number as the number written as mentioned in sub-paragraph (b).
9
Unless authorised by this rule, nobody may—
a
inspect any rejected or counted ballot papers in the possession of the relevant registration officer, or
b
open any sealed packets of completed corresponding number lists or certificates as to employment on duty on the day of the poll.
Retention of documents by relevant registration officer68
1
A registration officer must retain for one year all documents relating to a PCC election which are—
a
specified in rule 66(2), and
b
forwarded to the registration officer in pursuance of these rules,
and then, unless otherwise directed by an order of a county court, a Crown Court, a magistrates' court or an election court, must have them destroyed.
2
While the documents are retained under paragraph (1) they must be open to public inspection.
3
Paragraph (2) does not apply to—
a
ballot papers;
b
the completed corresponding number lists;
c
certificates as to employment on duty on the day of the poll.
4
The relevant registration officer must, on request, supply copies of or extracts from the marked copies of—
a
the register of electors (including notices issued under section 13B(3B) or (3D) of the 1983 Act),
b
the postal voters list,
c
the list of proxies and
d
the proxy postal voters list,
to any person who, in accordance with Schedule 10, is entitled to be supplied with them.
5
Schedule 10 contains other provision about the inspection of, and access to, documents retained under this rule.
PART 7Death of candidate
Countermand or abandonment of poll on death of a candidate69
1
If at a contested election proof is given to the police area returning officer's satisfaction before the result of the election is declared that one of the persons named or to be named as a candidate in the ballot papers has died, then the police area returning officer must—
a
countermand notice of the poll, or
b
if polling has begun, direct that the poll be abandoned,
and notify the appropriate officer for the police area in accordance with article 79.
2
Subject to paragraph (4), where the poll is abandoned by reason of a candidate's death—
a
no further ballot papers are to be issued, and
b
the presiding officer at any polling station must take the like steps (so far as not already taken) for the delivery to the local returning officer of ballot boxes and ballot papers and other documents as the presiding officer is required to take on the close of the poll in due course.
3
The local returning officer must dispose of ballot papers and other documents in the officer's possession as the officer is required to do on the completion in due course of the counting of the votes, subject to paragraphs (4) and (5).
4
It is not necessary for any ballot paper account to be prepared or verified.
5
The local returning officer must seal up all the ballot papers (whether the votes on them have been counted or not) and it is not necessary to seal up counted and rejected ballot papers in separate packets.
6
The provisions of this Order as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at a PCC election apply to any documents relating to a poll abandoned by reason of a candidate's death subject to the modifications in paragraphs (7) and (8).
7
Ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers.
8
No order may be made for—
a
the inspection or production of any ballot papers, or
b
the opening of a sealed packet of completed corresponding number lists or certificates as to employment on duty on the day of the poll,
unless the order is made by a court with reference to a prosecution.
PART 8Forms referred to in Parts 1 to 7 of this Schedule
Forms70
These are the forms referred to in Parts 1 to 7 of this ScheduleM26.
Form 6 F128(in English and in Welsh) | Nomination of candidates (rule 5)F129F130F149F150F151F152F153 |
Form 7 | |
Form 8A | Ballot paper (three or more candidates) (rule 19(1)(a)) |
Form 8B | |
Form 9 | Corresponding number list for issue of postal ballot papers at a PCC election (rule 20(2)) |
Form 10 | Corresponding number list for use in polling station at a PCC election (rule 20(3)) |
Form 11 | Official poll card (rule 28) |
Form 12 | Official postal poll card (rule 28) |
Form 13 | Official proxy poll card (rule 28) |
Form 14 | Official postal proxy poll card (rule 28) |
Form 15 | F79. . . |
Form 16 | Notice for guidance of voters for exhibition inside and outside polling station (rule 30(1)(b)) |
Form 17 | Certificate as to employment on duty on the day of the poll (rule 34(4)) |
Form 18 | Declaration to be made by companion of a voter with disabilities (rule 41) |
F84Form 11: Official poll card
Front of card
Back of card
Form 12: Official postal poll card (to be sent to a voter voting by post)
Front of card
Back of card
Form 13: Official proxy poll card
Front of card
Back of card
Form 14: Official postal proxy poll card
Front of card
Back of card
F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Form 16: Notice for guidance of voters for exhibition inside and outside polling station
F86Form 17: Certificate as to employment on duty on the day of the poll
Form 18: Declaration to be made by companion of a voter with disabilities
SCHEDULE 4Combination of polls
PART 1Application to PCC elections of existing provisions in Acts
1
1
Section 15 of the Representation of the People Act 1985 (combination of polls at parliamentary, European Parliamentary and local elections) M27 applies for the purposes of PCC elections.
2
In its application by virtue of this paragraph, that section has effect as if it provided—
Combination of polls at parliamentary, European Parliamentary, local elections, mayoral elections, referendums and elections of police and crime commissioners15
1
Where the polls at—
a
a parliamentary general election and a European Parliamentary general election;
b
an ordinary local government election and a parliamentary general election;
c
an ordinary local government election and a European Parliamentary general election;
d
an ordinary election in England or Wales of police and crime commissioners and one or more of the following—
i
a parliamentary general election,
ii
a European Parliamentary general election,
iii
an ordinary local government election in England or Wales,
iv
an election in England for the return of an elected mayor as defined by section 9H(1) of the Local Government Act 2000 M28,
v
an election in Wales for the return of an elected mayor as defined by section 39(1) of the Local Government Act 2000,
F144vi
an election in England for the return of a mayor as provided for in an order made under section 107A of the Local Democracy, Economic Development and Construction Act 2009,
are to be taken on the same date, they shall be taken together.
2
Where the polls at elections for related areas are to be taken on the same date but are not required by subsection (1) above or section 36 of the principal Act to be taken together, they may nevertheless be so taken if the returning officer for each election thinks fit.
3
In subsection (2) above and subsection (4) below, a reference to elections—
a
includes—
i
European Parliament elections,
ii
ordinary elections in England or Wales of police and crime commissioners,
iii
elections for police areas in England or Wales held under section 51 of the Police Reform and Social Responsibility Act 2011 (election to fill vacancy in office of police and crime commissioner),
iv
a referendum in England under Part 1A of the Local Government Act 2000 M29,
v
a referendum in Wales under Part 2 of the Local Government Act 2000,
vi
a referendum in England or Wales under Chapter 4ZA of Part 1 of the Local Government Finance Act 1992M30,
F145vii
an election in England for the return of a mayor as provided for in an order made under section 107A of the Local Democracy, Economic Development and Construction Act 2009, but
b
does not include elections under the local government Act which are not local government elections.
3A
For the purposes of subsection (2) above—
a
two areas are related if one is coterminous with or situated wholly or partly within the other, and
b
the reference to the returning officer for an election includes the counting officer for a referendum listed in subsection (3)(a)(iv), (v) or (vi) above.
4
Where the polls at any elections are combined under this section the cost of taking the combined polls (excluding any cost solely attributable to one election) and any cost attributable to their combination shall be apportioned equally among the elections.
PART 2Amendment of existing provisions in secondary legislation
2
1
The European Parliamentary Elections Regulations 2004 M31 are amended as follows.
2
In paragraph 40(1) of Schedule 2 (interpretation of Part 4 of that Schedule), in the definition of “relevant election or referendum”, after paragraph (c) insert—
ca
an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011;
3
In paragraph 2(1) of Schedule 3 (definitions for the purposes of modifications of the European Parliamentary elections rules set out in Schedule 1 to the European Parliamentary Elections Regulations 2004) M32—
a
after “any provision of the European Parliamentary Elections rules modified by this Schedule—” insert—
“police and crime commissioner election” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011;
b
in the definition of “relevant election or referendum”, after paragraph (d) insert—
e
a police and crime commissioner election,
3
The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 M33 are amended in accordance with paragraphs 4 to 9.
4
In regulation 2 (interpretation)—
a
after the definition of “2002 Act” insert—
“2011 Act” means the Police Reform and Social Responsibility Act 2011;
b
after the definition of “mayoral election” insert—
“PCC election” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the 2011 Act;
5
1
Regulation 4 (returning officers and polling stations) is amended as follows.
2
In paragraphs (1)(a), (2)(a), (3)(a) and (4)(a), for “local government area or voting area” substitute “
local government area, voting area or police area
”
.
3
In paragraphs (5)(a) and (6)(a) for “the electoral region or local government area” substitute “
the electoral region, local government area or police area
”
.
4
For paragraph (7), substitute —
7
Where none of the above paragraphs applies and the poll at an ordinary parish or community council election is taken together with the poll at another election under a relevant enactment—
a
those functions of the returning officer at the other election which are specified in regulation 5 shall be discharged by the returning officer at the parish or community council election for such part of the electoral region or police area as is situated in the area of the parish or community council; and
b
only polling stations used for the parish or community council election shall be used for the poll at the other election.
5
After paragraph (7) insert—
7A
Where none of the above paragraphs applies and the poll at a PCC election is taken together with the poll at a European Parliamentary election under a relevant enactment—
a
those functions of the returning officer at the European Parliamentary election which are specified in regulation 5 shall be discharged by the returning officer at the PCC election for such part of the electoral region as is situated in the police area; and
b
only polling stations used for the PCC election shall be used for the European Parliamentary election.
6
In paragraph (8), for “(including by virtue of section 15(2) and (3) as applied by regulations made under sections 44 and 105 or 45 and 105 of the 2000 Act)” substitute “
(including by virtue of section 15(2) and (3) as applied by orders or regulations made under any of the listed provisions)
”
.
7
In paragraph (9), for “paragraphs (1) to (7) above” substitute “
paragraphs (1) to (7A) above
”
.
8
In paragraph (10)—
a
after the definition of “county council election” insert—
“the listed provisions” means—
- a
sections 52ZQ and 113 of the Local Government Finance Act 1992,
- b
sections 9HE and 105, 9MG and 105, 44 and 105 or 45 and 105 of the 2000 Act,
- c
sections 58 and 154 of the 2011 Act;
“police area” means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London);
b
in the definition of “relevant enactment”, for the words from “and includes” to the end substitute “
and includes a reference to each section as applied in orders or regulations made under any of the listed provisions;
”
.
9
In paragraph (11), after sub-paragraph (b) insert—
c
the returning officer at a PCC election, shall be construed as including a reference to the police area returning officer.
6
1
Regulation 5 (functions at combined polls) is amended as follows.
2
In paragraph (1), after sub-paragraph (e) insert—
f
at a PCC election, by those rules in an Order made under sections 58 and 154 of the 2011 Act which correspond to the rules specified in paragraph (2);
3
In paragraph (3)—
a
omit “and” at the end of sub-paragraph (a);
b
after sub-paragraph (b) insert—
; and
c
the provisions in an Order made under sections 58 and 154 of the 2011 Act which correspond to that regulation and that Part.
7
In regulation 6(5) (modification of provisions about expenses in the 1983 Act)—
a
omit “and” at the end of sub-paragraph (a);
b
after sub-paragraph (a) insert—
ab
any provision in Chapter 6 of Part 1 of the 2011 Act which corresponds to that provision; and
c
in sub-paragraph (b), for the words from “regulations made under” to the end substitute “
orders or regulations made under any of the listed provisions.
”
8
In regulation 8 (modification of parliamentary elections rules)—
a
omit “or” at the end of sub-paragraph (a);
b
after sub-paragraph (b) insert—
or
c
the poll at a mayoral election, referendum or PCC election in accordance with orders or regulations made under any of the listed provisions.
9
In paragraph 2 of Schedule 2 (definitions for the purposes of modifications of the parliamentary elections rules set out in Schedule 1 to the 1983 Act) M34—
a
after the definition of “mayoral election” insert—
“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;
b
in the definition of “relevant election or referendum”, after paragraph (d) insert—
e
a police and crime commissioner election,
10
1
The Local Elections (Principal Areas) (England and Wales) Rules 2006 M35 are amended as follows.
2
In rule 2 (interpretation)—
a
in paragraph (1), after the definition of “petition organiser” insert—
“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;
b
in paragraph (2), after paragraph (e) of the definition of “relevant election or referendum” insert—
f
a police and crime commissioner election,
11
1
The Local Elections (Parishes and Communities) (England and Wales) Rules 2006 M36 are amended as follows.
2
In rule 2 (interpretation)—
a
in paragraph (1), after the definition of “petition organiser” insert—
“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;
b
in paragraph (2), in the definition of “relevant election or referendum”, after paragraph (e) insert—
f
a police and crime commissioner election,
12
1
The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 M37 are amended as follows.
2
In regulation 2 (interpretation)—
a
after the definition of “local government election” insert—
“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;
b
in the definition of “relevant election or referendum”, after paragraph (e) insert—
f
a police and crime commissioner election,
F603
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 3Modifications to PCC elections rules
C113
1
The PCC election rules are modified in accordance with paragraphs 14 to 45.
2
In this Part of this Schedule and in any provision of the PCC elections rules modified by this Part—
“combined polls” means the polls to be taken together by virtue of provisions applied by article 13;
“relevant election or referendum” means an election or local referendum the poll for which is, by virtue of provisions applied by article 13, to be taken together with the poll for a PCC election;
“the relevant returning or counting officer” means the returning or counting officer discharging functions under regulation 5 of the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004, as that regulation has effect in relation to PCC elections by virtue of provisions applied by article 13.
3
In relation to a referendum under Part 1A of the Local Government Act 2000 M38, expressions used in this Part of this Schedule are to be read as follows—
“counting agent” means a counting observer as defined by regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2012;
“counting officer” means a person referred to in regulation 9 of those Regulations;
“polling agent” means a polling observer as defined by regulation 2(1) of those Regulations;
“elector” means voter as defined by rule 2(1) of the Local Government Act Referendums (Combination of Polls) Rules contained in Schedule 5 to those Regulations.
4
In relation to a referendum under Chapter 4ZA of Part 1 of the Local Government Finance Act 1992 M39, expressions used in this Part of this Schedule are to be read as follows—
“counting agent” means a counting observer as defined by regulation 2(1) of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012;
“counting officer” means a person referred to in regulation 15 of those Regulations;
“polling agent” means a polling observer as defined by regulation 2(1) of those Regulations;
“elector” means voter as defined by rule 2(1) of the Local Government Finance Act Referendums (Combination of Polls) Rules contained in Schedule 5 to those Regulations.
GENERAL PROVISIONS
Computation of time14
In rule 3, after “nor is” insert “
the relevant returning or counting officer or
”
.
CONTESTED PCC ELECTIONS: GENERAL PROVISIONS
The ballot papers15
In rule 19(3)—
a
omit “ and” at the end of sub-paragraph (b); and
b
at the end of sub-paragraph (c) insert—
and
- d
be of a different colour from the ballot papers used for any relevant election or referendum.
Corresponding number lists: proceedings on issue and receipt of ballot papers combined16
After rule 19 insert—
Corresponding number lists: proceedings on issue and receipt of ballot papers combined19A
1
This rule applies where proceedings on the issue and receipt of ballot papers at combined polls are taken together by virtue of F137paragraph 29(1) of Schedule 2 to this Order and regulation 65 of the 2001 Regulations.
2
The relevant returning or counting officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers which are to be issued by the officer in pursuance of rule 25 or provided by the officer in pursuance of rule 29(1).
3
The corresponding number list to be prepared for the purpose of rule 24(1) (postal ballot papers) and of paragraph 37(1) of Schedule 2 (procedure on issue of postal ballot paper) must be in Form 19 set out in Part 4 of Schedule 4 to this Order or a form to like effect.
4
The corresponding number list to be prepared for the purpose of rule 29(3)(d) (equipment of polling stations) and of rule 39(2)(b) (voting procedure) must be in Form 20 set out in Part 4 of Schedule 4 to this Order or a form to like effect.
Corresponding number lists: proceedings on issue and receipt of ballot papers not combined17
1
Rule 20 is modified as follows.
2
For the title substitute “
Corresponding number lists: proceedings on issue and receipt of ballot papers not combined
”
.
3
Before paragraph (1) insert—
A1
This rule applies where proceedings on the issue and receipt of ballot papers are not taken together by virtue of F138paragraph 29(1) of Schedule 2 to this Order and regulation 65 of the 2001 Regulations.
Use of schools and public rooms18
For rule 23 substitute—
23
1
The local returning officer and the relevant returning or counting officer may use, free of charge, for relevant purposes—
a
a room in a school maintained or assisted by—
i
in relation to England, a county council in England, a metropolitan district council, a non-metropolitan district council for an area for which there is no county council or the Council of the Isles of Scilly, or
ii
in relation to Wales, a county council or a county borough council in Wales;
b
a room in a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school;
c
a room the expense of maintaining which is met by—
i
in relation to England, a county council in England, a district council, a parish council or the Council of the Isles of Scilly, or
ii
in relation to Wales, a county council or a county borough council in Wales or a community council.
2
That officer must make good—
a
any damage done to any such room, and
b
defray any expense incurred by the persons having control over any such room,
by reason of its being used for the relevant purpose.
3
In paragraphs (1) and (2) “relevant purposes” means—
a
in the case of the local returning officer, the counting of votes, and
b
in the case of the relevant returning or counting officer, the taking of the poll and the discharging of the functions under rule 49.
ACTION TO BE TAKEN BEFOR0E THE POLL
Notice of poll19
In rule 24, for paragraph (3) substitute—
3
No later than the time of publication of the notice of poll, the relevant returning or counting officer must give public notice of—
a
the situation of each polling station;
b
the description of voters entitled to vote there.
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 each relevant election or referendum;
b
specify—
i
the parliamentary constituency, local counting area, voting area or, as the case may be, the relevant local authority for which the election is held, and
ii
in the case of an election to fill a casual vacancy, the electoral area for which the election is held;
c
where polls for two or more elections are to be taken together in part only of the voting area, specify that part.
Postal ballot papers20
In rule 25, after paragraph (3) insert—
4
Where proceedings on the issue and receipt of postal ballot papers are taken together in respect of combined polls, references in this rule to “local returning officer” are to be read as references to “relevant returning or counting officer”.
Provision of polling stations21
In rule 26, in paragraphs (1) and (4), for “local returning officer” (in each place) substitute “
relevant returning or counting officer
”
.
Appointment of presiding officers and polling clerks22
In rule 27, in paragraphs (1) to (4), for “local returning officer” (in each place) substitute “
relevant returning or counting officer
”
.
Issue of official poll cards23
In rule 28, after paragraph (4) insert—
5
If the local returning officer and the returning officer or counting officer for each relevant election or referendum thinks fit, an official poll card issued under this rule may be combined with an official poll card issued at each relevant election or referendum.
6
Where official poll cards are combined under paragraph (5), the form to be used is the form of the official poll card which is required to be used at the relevant election or referendum with such adaptations as are necessary to enable it to be used in relation to the PCC election.
Equipment of polling stations24
1
Rule 29 is modified as follows.
2
In paragraphs (1), (3), (5), (8) and (9), for “local returning officer” (in each place) substitute “
relevant returning or counting officer
”
.
3
After paragraph (1) insert—
1A
The ballot box used for the poll for the PCC election may, if the relevant returning or counting officer thinks fit, be the same as that used for each other relevant election or referendum.
1B
Where separate ballot boxes are used, each must be clearly marked to show—
a
the poll to which it relates, and
b
the colour of ballot papers that should be placed in it.
4
After paragraph (5) insert—
5A
The versions of the ballot paper referred to in paragraph (5)(a) and (b) must be printed on paper of the same colour as that of the ballot papers for use at the PCC election.
5
For paragraph (7) substitute—
7
The relevant returning or counting officer must also provide each polling station with notices for the guidance of voters which are in the appropriate form and—
a
notices which are for exhibition in voting compartments at polling stations must be so exhibited, and
b
notices for exhibition outside and in the communal areas inside polling stations must be so exhibited.
Notices for the guidance of voters25
For rule 30 substitute—
Appropriate form for notice for the guidance of voters30
1
The appropriate form for the notices for the guidance of voters to be provided under rule 29 is the form specified in paragraph F61(3).
F622
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Where the poll at the PCC election and the poll at another election or referendum are taken together F63...—
a
the appropriate form for notices for exhibition in voting compartments at polling stations is the form which is required for notices that are exhibited in the compartments of polling stations at that other election or referendumF64, with the addition of the appropriate voting instructions for PCC elections, and
b
the appropriate form for notices for exhibition outside and in the communal areas inside polling stations is the form known as “directions for the guidance of the voters in voting” which is required to be exhibited inside and outside polling stations at that other election or referendum.
F653A
For the purposes of this rule, the “appropriate voting instructions for PCC elections” are—
a
where there are three or more candidates—
Vote by putting a cross [X] in the box
In column 1 next to your FIRST CHOICE candidate
In column 2 next to your SECOND CHOICE candidate
Your first and second choices should be different.
b
where there are two candidates—
Vote for ONLY ONE CANDIDATE by putting a cross [X] in the box next to your choice.
4
The relevant returning or counting officer may also provide versions of the notice in such other form described in article 85(2) or (3) as the officer thinks appropriate.
5
Where the Commission publishes information about the supplementary vote system to be used at PCC elections, the police area returning officer may provide each relevant returning or counting officer with a copy of that information for exhibition at a polling station.
Appointment of polling and counting agents26
In rule 31, after paragraph (7), insert—
7A
Notices of the appointment of polling agents and counting agents which are required by paragraphs (7) and (8) to be given to the local returning officer must be given to the relevant returning or counting officer.
Notification of requirement of secrecy27
For rule 32 substitute—
32
1
The relevant returning or counting officer must make such arrangements as the officer thinks appropriate to ensure that—
a
every person attending at a polling station (otherwise than for the purpose of voting or assisting a voter with disabilities to vote or as a constable on duty there) has been given a copy in writing of the provisions of article 22(1), (4) and (7);
b
every person attending at the verification of ballot paper accounts (other than any constable on duty there) has been given a copy in writing of the provisions of article 22(2), (3) and (7).
2
The local returning officer must make such arrangements as the officer thinks appropriate to ensure that every person attending at the counting of the votes (other than any constable on duty there) has been given a copy in writing of the provisions of article 22(2) and (7).
F663
In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).
Return of postal ballot papers28
1
Rule 33 is modified as follows.
2
For paragraph (1) substitute—
1
Where proceedings on the issue and receipt of postal ballot papers are taken together in respect of combined polls and—
a
a postal vote has been returned in respect of a person who is entered in the postal voters list, or
b
a proxy postal vote has been returned in respect of a proxy who is entered in the proxy postal voters list,
the relevant returning or counting officer must mark the list in the manner specified in paragraph 48 of Schedule 2.
3
After that paragraph insert—
1A
Where proceedings on the issue and receipt of postal ballot papers are not taken together in respect of combined polls, the reference in paragraph (1) to “the relevant returning or counting officer” is to be read as a reference to “the local returning officer”.
CONTESTED PCC ELECTIONS: THE POLL
Admission to polling station29
1
Rule 34 is modified as follows.
2
In paragraph (1)—
a
omit “and” at the end of paragraph (h);
b
after sub-paragraph (i) insert—
and
j
persons who would be entitled to be admitted to the polling station at a relevant election or referendum if the poll for that election or referendum were held on its own.
3
In paragraph (4), after “local returning officer” (in each place) insert “
or relevant returning or counting officer
”
.
Keeping of order in polling station30
In rule 35, in paragraph (2)(b) for “local returning officer” substitute “
relevant returning or counting officer
”
.
Voting procedure31
In rule 39, F67after paragraph (7) insert—
F688
The same copy of the register of electors or, where paragraph (4) applies, the same copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act, may be used for each relevant election or referendum, and—
a
one mark may be placed in that copy of the register or on that notice under paragraph (2)(c) or in the list of proxies under paragraph (2)(d) to denote that a ballot paper has been issued in respect of each relevant election or referendum; but
b
where a ballot paper has not been issued in respect of a relevant election or referendum, a different mark must be placed in the copy of that register or, as the case may be, on that notice or in that list so as to identify each relevant election or referendum in respect of which a ballot paper was issued.
Votes marked by the presiding officer32
In rule 40, after paragraph (5) insert—
6
If the relevant returning or counting officer thinks fit, the same list may be used for each relevant election or referendum and, where it is so used, an entry in that list is to be taken to mean that the ballot papers were marked by the presiding officer in respect of each relevant election or referendum, unless the list identifies the relevant election or referendum at which the ballot paper was so marked.
Voting by persons with disabilities33
1
Rule 41 is modified as follows.
2
In paragraph (4), for sub-paragraph (a) substitute—
a
must be in the appropriate form, as specified in paragraphF69... (4B) (as the case may be),
3
After paragraph (4) insert—
F704A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4B
Where the poll at the PCC election and another election or referendum are taken together F71..., the appropriate form for the declaration is the form which is required for declarations made by the companion of a voter with disabilities at that other election or referendum.
4
After paragraph (9) insert—
9A
If the relevant returning or counting officer thinks fit, the same list may be used for each relevant election or referendum and, where it is so used, an entry in that list is to be taken to mean that the votes were given in accordance with this rule in respect of each relevant election or referendum, unless the list identifies the relevant election or referendum at which the vote was so given.
Tendered ballot papers: general provisions34
In rule 43, after paragraph (5) insert—
5A
If the relevant returning or counting officer thinks fit, the same list may be used for each relevant election or referendum and, where it is so used, an entry in that list is to be taken to mean that tendered ballot papers were marked in respect of each relevant election or referendum, unless the list identifies the relevant election or referendum at which a tendered ballot paper was marked.
Correction of errors on the day of the poll35
In rule 45—
a
renumber the existing provision as paragraph (1); and
b
after that paragraph insert—
2
The same list may be used for each relevant election or referendum 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 relevant election or referendum, unless the list identifies the relevant election or referendum for which a ballot paper was issued.
F1393
In paragraph (2) a reference to a “relevant election” includes a reference to the PCC election.
Adjournment of poll in case of riot36
1
Rule 46 is modified as follows.
2
In paragraph (1), for “local returning officer” substitute “
relevant returning or counting officer
”
.
3
In paragraph (3), for “local returning officer” substitute “
relevant returning or counting officer
”
.
Procedure on close of the poll37
1
Rule 47 is modified as follows.
2
In paragraph (1), for “in the presence of the polling agents” substitute “
in the presence of the polling agents appointed for the purposes of the PCC election and for the purposes of each relevant election or referendum
”
.
3
After paragraph (1) insert—
1A
The contents of the packets referred to in sub-paragraphs (b), (c) and (f) of paragraph (1) must not be combined with the contents of the packets made up under the corresponding rule that applies at any relevant election or referendum.
4
In paragraph (4), for “the local returning officer” substitute “
the relevant returning or counting officer
”
.
5
In paragraph (5), for “the local returning officer” (in both places) substitute “
the relevant returning or counting officer
”
.
6
After paragraph (6) insert—
7
The ballot paper account prepared under paragraph (6) in respect of the PCC election must not be combined with the ballot paper account for any relevant election or referendum.
COUNTING OF VOTES
Attendance at verification38
For rule 48 substitute—
Attendance at verification48
1
This rule and rules 49 and 50 do not apply where the local returning officer is not the relevant returning or counting officer.
2
But where the local returning officer is the relevant returning or counting officer, the officer must—
a
make arrangements for the verification of the ballot paper accounts to be carried out as soon as practicable after the close of the poll and in the presence of the counting agents appointed for the purposes of the PCC election and those appointed for the purposes of each relevant election or referendum, and
b
give the counting agents appointed for the purposes of the PCC election and those appointed for the purposes of each relevant election or referendum notice in writing of the time and place at which the verification of the ballot paper accounts will begin.
3
A person may be present at the verification of the ballot paper accounts only if—
a
the person is entitled to be present at the first count of the votes for the PCC election or at the counting of the votes for a relevant election or referendum, or
b
the person is permitted by the relevant returning or counting officer to attend.
4
Permission under paragraph (3)(b) may be given only if the relevant returning or counting officer is satisfied that the person's attendance will not impede the efficient verification of the ballot paper accounts.
5
The relevant returning or counting officer must give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer's duties.
Procedure at verification of ballot paper accounts39
For rule 49 substitute—
Procedure at verification of ballot paper accounts49
1
Where the local returning officer is the relevant returning or counting officer, the officer must—
a
in the presence of the counting agents appointed for the purposes of the PCC election and the counting agents appointed for the purposes of each relevant election or referendum—
i
open the ballot boxes from each polling station,
ii
in relation to the PCC election and to each of the relevant elections or referendums, count and record separately the number of ballot papers relating to that election or referendum, and
iii
verify each ballot paper account;
b
where proceedings on the issue and receipt of postal ballot papers for the PCC election and each relevant election or referendum are taken together, count the postal ballot papers that have been duly returned and record separately the number counted at the PCC election and each relevant election or referendum;
c
separate the ballot papers relating to the PCC election from the ballot papers relating to each relevant election or referendum;
d
make up into packets the ballot papers for each relevant election or referendum and seal them up into separate containers endorsing on each a description of the area to which the ballot papers relate;
e
deliver or cause to be delivered to the returning or counting officer for each relevant election or referendum to which the ballot papers relate—
i
those containers together with a list of them and of the contents of each, and
ii
the ballot paper accounts together with a copy of the statement as to the result of their verification in respect of the election or referendum;
f
at the same time deliver or cause to be delivered to that officer packets that relate to the relevant election or referendum containing—
i
the unused and spoilt ballot papers;
ii
the tendered ballot papers;
iii
the certificates as to employment on duty on the day of the poll.
2
A postal ballot paper is not to be taken to be duly returned unless—
a
it is returned in the manner specified in paragraph 43(1) or (2) of Schedule 2 and, before the close of the poll, it reached the relevant returning or counting officer or a polling station in the appropriate area (as defined in paragraph (3)),
b
the postal voting statement, duly signed, is also returned in the manner specified in paragraph 43(1) or (2) of Schedule 2 and, before the close of the poll, it reached the relevant returning or counting officer or a polling station in the appropriate area,
c
the postal voting statement also states the date of birth of the elector or proxy (as the case may be), and
d
F72... the relevant returning or counting officer verifies the date of birth and signature of the elector or proxy (as the case may be).
F732A
A postal ballot paper or postal voting statement that reaches the relevant returning or counting officer or a polling station on or after the close of the poll is treated for the purposes of paragraph (2) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.
3
The “appropriate area” in respect of any voter is—
a
the area which is common to the areas in which the polls at the PCC election and the relevant election or referendum are being taken together, and
b
in respect of which polls the voter has been issued with a ballot paper.
4
Where separate ballot boxes are used, no vote for any candidate is rendered invalid by the ballot paper being placed in the ballot box intended for use at any relevant election or referendum.
5
The relevant returning or counting officer, while counting and recording the number of postal ballot papers, must keep the ballot papers with their faces upwards and take all proper precautions for preventing anyone from seeing the numbers or other unique identifying marks printed on the back of the papers.
6
Unless otherwise directed by the police area returning officer, the relevant returning or counting officer must determine the hours during which the procedure under this rule is to be carried out and must take proper precautions for the security of the ballot papers and documents.
7
The relevant returning or counting officer must verify each ballot paper account by comparing it with the number of ballot papers recorded by the relevant returning or counting officer, and the unused and spoilt ballot papers in the relevant returning or counting officer's possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and must draw up a statement as to the result of the verification.
8
Any counting agent for a PCC election present at the verification may copy the statement drawn up under paragraph (7).
9
Any counting agent for a relevant election or referendum present at the verification may copy the statement drawn up under paragraph (7).
10
Once the statement relating to the PCC election is drawn up, the relevant returning or counting officer must inform the police area returning officer of the contents of the statement.
Additional steps: verification and count carried out at different places40
1
Rule 50 is modified as follows.
2
For paragraph (1) substitute—
1
This rule applies where—
a
the local returning officer is the relevant returning or counting officer, and
b
the votes at the PCC election are to be counted at a place other than that at which the procedures for the verification of the ballot paper accounts are carried out.
3
In paragraphs (2), (3) and (4) (in each place), for “local returning officer” substitute “
relevant returning or counting officer
”
.
Attendance at the first count41
1
Rule 51 is modified as follows.
2
For paragraph (1) substitute—
1
Where the local returning officer is the relevant returning or counting officer, the local returning officer must—
a
make arrangements for the votes at the PCC election to be counted as soon as practicable after the close of the poll in the presence of the counting agents appointed for the purposes of that election, and
b
give the counting agents notice in writing of the time and place at which the counting of votes will begin.
3
For paragraph (2) substitute—
2
Where the local returning officer is not the relevant returning or counting officer, the local returning officer must—
a
make arrangements for counting the votes at the PCC election in the presence of the counting agents appointed for the purposes of that election as soon as practicable after delivery to the local returning officer of the ballot papers for that election, and
b
give the counting agents notice in writing of the time and place at which the counting of votes will begin.
The first count42
1
Rule 52 is modified as follows.
2
Before paragraph (1) substitute—
A1
Where the local returning officer is the relevant returning or counting officer, the officer must—
a
on completion of the proceedings under rule 49, and
b
if applicable, on receipt of the containers referred to in rule 50,
proceed to count the votes in accordance with paragraphs (1) and (2) to (7).
3
After paragraph (1) insert—
1A
Where the local returning officer is not the relevant returning or counting officer, the officer must, on receipt of the containers containing the ballot papers from the relevant returning or counting officer—
a
open in the presence of the counting agents all the packets of ballot papers other than those containing unused, spoilt or tendered ballot papers,
b
where the proceedings on the issue and receipt of postal ballot papers for the PCC election and each relevant election or referendum are not taken together, count the postal ballot papers that have been duly returned for the PCC election and record the number counted, and
c
proceed to count the votes in accordance with paragraphs (1B), (1C) and (2) to (7).
1B
For the purposes of paragraph (1A)(b), a postal ballot paper is not to be taken to be duly returned unless—
a
it is returned in the manner specified in paragraph 43(1) or (2) of Schedule 2 and, before the close of the poll, it reached the local returning officer or a polling station in the appropriate area (as defined in paragraph (1C)),
b
the postal voting statement, duly signed, is also returned in the manner specified in paragraph 43(1) or (2) of Schedule 2 and, before the close of the poll, it reached the local returning officer or a polling station in the appropriate area,
c
the postal voting statement also states the date of birth of the elector or proxy (as the case may be), and
d
F74... the local returning officer verifies the date of birth and signature of the elector or proxy (as the case may be).
F751BA
A postal ballot paper or postal voting statement that reaches the local returning officer or a polling station on or after the close of the poll is treated for the purposes of paragraph (2) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.
1C
The “appropriate area” in respect of any voter is the area—
a
which is common to the parliamentary constituency, electoral area, local counting area, local authority area or voting area (as the case may be) in which the polls at the PCC election and any relevant election or referendum are being taken together, and
b
in respect of which polls the voter has been issued with a ballot paper.
4
In paragraph (5), after “while” insert “
counting and recording the number of postal ballot papers and
”
.
Sealing up of ballot papers43
1
Rule 65 is amended as follows.
2
For paragraph (2) substitute—
2
The local returning officer may not open the sealed packets of—
a
tendered ballot papers, or
b
certificates as to employment on duty on the day of the poll.
3
After that paragraph insert—
3
The relevant returning or counting officer may not open the sealed packets of —
a
the completed corresponding number lists, or
b
marked copies of the registers of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and lists of proxies
Delivery of documents44
For rule 66 substitute—
66
1
Where the local returning officer is the relevant returning or counting officer, the officer must—
a
endorse on each of the sealed packets a description of its contents, the date of the poll to which they relate and, in the case of a PCC election, the name of the police area for which that election was held, and
b
then forward the documents specified in paragraph (2) to the relevant registration officer.
2
The documents referred to in paragraph (1) are—
a
the packets of ballot papers in the officer's possession;
b
the ballot paper accounts and the statements of—
i
rejected ballot papers, and
ii
the result of the verification of the ballot paper accounts;
c
the tendered votes lists, the lists of voters with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, the lists maintained under rule 45 and the declarations made by the companions of voters with disabilities;
d
the packets of the completed corresponding number lists;
e
the packets of certificates as to employment on duty on the day of the poll;
f
the packets containing marked copies of the registers (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and marked copies of the postal voters list, of the lists of proxies and of the proxy postal voters list;
g
any documents in the officer's possession which are to be forwarded under paragraph 59 of Schedule 2.
3
Where the local returning officer is not the relevant returning or counting officer, the local returning officer must take the steps set out in paragraph (1) in relation to all the documents listed in paragraph (2) apart from those listed in sub-paragraphs (c), (d) and (f).
PART 4Forms referred to in Part 3 of this Schedule
Forms45
These are the forms referred to in Part 3 of this Schedule M40.
Form 19 | Corresponding number list for issue of postal ballot papers where proceedings on issue and receipt of ballot papers combined |
Form 20 | Corresponding number list for use in polling station when a PCC election is combined with another relevant election or referendum |
Form 21 | F76. . . |
Form 22 | F76. . . |
Form 23 | F76. . . |
Form 21
F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Form 22
F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Form 23
F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F133PART 5Application of Parts 3 and 4 to PCC elections combined with Assembly elections
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))
Introduction46
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 an Assembly 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 an Assembly election.
Modification of paragraph 13 (interpretation)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
“Assembly constituency” and “Assembly electoral region” mean an Assembly 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).
Modification of paragraphs 16 and 17 (corresponding number lists)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)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 Assembly election;
b
specify the Assembly constituency or electoral region for which the Assembly election is held;
c
where polls for the elections are to be taken together in only part of the voting area, specify that part.
Modification of paragraph 35 (correction of errors on day of the poll)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 an Assembly 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).
Modification of paragraph 42 (the first count)51
In paragraph 42 (the first count), in inserted paragraph (1C) of rule 52 after “parliamentary constituency” insert “Assembly constituency,”.
Countermand or abandonment of poll on death of candidate52
After paragraph 44 (rule 66: delivery of documents) insert—
Countermand or abandonment of poll on death of candidate44A
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 Assembly election.
SCHEDULE 5Control of donations to candidates
PART 1Introductory
1
1
This Schedule has effect for controlling donations to candidates at a PCC election.
2
The following provisions have effect for the purposes of this Schedule.
3
“Relevant donation”, in relation to a candidate at a PCC election, means a donation to the candidate or the candidate's election agent for the purpose of meeting election expenses incurred by or on behalf of the candidate.
4
In sub-paragraph (3) the reference to a donation for the purpose of meeting election expenses incurred by or on behalf of a candidate includes a reference to a donation for the purpose of securing that any such expenses are not so incurred; and a donation is to be taken as being a donation for either of those purposes if, having regard to all the circumstances, it must be reasonably assumed to be such a donation.
5
“Donation” is to be construed in accordance with paragraphs 2 to 4.
6
In relation to a donation received by a candidate at a PCC election, references to a permissible donor falling within section 54(2) of the 2000 Act are to be read as if section 54(2) did not include a party registered in the Northern Ireland register maintained by the Commission under Part 2 of that Act.
2
1
“Donation”, in relation to a candidate at a PCC election, means (subject to paragraph 4)—
a
any gift to the candidate or the candidate's election agent of money or other property;
b
any sponsorship provided in relation to the candidate (as defined by paragraph 3);
c
any money spent (otherwise than by the candidate, the candidate's election agent or any sub-agent) in paying any election expenses incurred by or on behalf of the candidate;
d
any money lent to the candidate or the candidate's election agent otherwise than on commercial terms;
e
the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the candidate (including the services of any person).
2
Where—
a
any money or other property is transferred to a candidate or the candidate's election agent pursuant to any transaction or arrangement involving the provision by or on behalf of the candidate of any property, services or facilities or other consideration of monetary value, and
b
the total value in monetary terms of the consideration so provided by or on behalf of the candidate is less than the value of the money or (as the case may be) the market value of the property transferred,
the transfer of the money or property (subject to sub-paragraph (4)) constitutes a gift to the candidate or (as the case may be) the candidate's election agent for the purposes of sub-paragraph (1)(a).
3
In determining—
a
for the purposes of sub-paragraph (1)(d), whether any money lent to a candidate or the candidate's election agent is so lent otherwise than on commercial terms, or
b
for the purposes of sub-paragraph (1)(e), whether any property, services or facilities provided for the use or benefit of a candidate is or are so provided otherwise than on such terms,
regard is to be had to the total value in monetary terms of the consideration provided by or on behalf of the candidate in respect of the loan or the provision of the property, services or facilities.
4
Where (apart from this sub-paragraph) anything would be a donation both by virtue of sub-paragraph (1)(b) and by virtue of any other provision of this paragraph, sub-paragraph (1)(b) (together with paragraph 3) applies in relation to it to the exclusion of the other provision of this paragraph.
5
The reference in sub-paragraph (1)(c) to money spent as mentioned in that provision is a reference to money so spent by a person (other than the candidate, the candidate's election agent or any sub-agent) out of the person's own resources (with no right to reimbursement out of the resources of the candidate, the candidate's election agent or any sub-agent); and where, by virtue of sub-paragraph (1)(c), money so spent constitutes a donation to the candidate, the candidate is treated as receiving an equivalent amount on the date on which the money is paid to the creditor in respect of the expenses in question.
6
In this paragraph—
a
any reference to anything being given or transferred to a candidate or the candidate's election agent includes a reference to its being given or transferred either directly or indirectly through any third person;
b
“gift” includes a bequest or any other form of testamentary disposition.
3
1
For the purposes of this Schedule, sponsorship is provided in relation to a candidate if—
a
any money or other property is transferred to the candidate or to any person for the benefit of the candidate, and
b
the purpose (or one of the purposes) of the transfer is (or must, having regard to all the circumstances, reasonably be assumed to be)—
i
to help the candidate with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the candidate, or
ii
to secure that to any extent any such expenses are not so incurred.
2
In sub-paragraph (1) “defined expenses” means expenses in connection with—
a
any conference, meeting or other event organised by or on behalf of the candidate,
b
the preparation, production or dissemination of any publication by or on behalf of the candidate, or
c
any study or research organised by or on behalf of the candidate.
3
The following do not, however, constitute sponsorship by virtue of sub-paragraph (1) —
a
the making of any payment in respect of—
i
any charge for admission to any conference, meeting or other event, or
ii
the purchase price of, or any other charge for access to, any publication,
b
the making of any payment in respect of the inclusion of an advertisement in any publication where the payment is made at the commercial rate payable for the inclusion of such an advertisement in any such publication.
4
The F106Minister may, on the recommendation of the Commission, by order made by statutory instrument amend sub-paragraph (2) or (3).
5
Any order under sub-paragraph (4) may not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
6
For the purposes of section 1 of the Statutory Instruments Act 1946 M41 (definition of “Statutory Instrument”), the power to make an order which is conferred by sub-paragraph (4) is to be taken to be conferred by an Act of Parliament.
7
In this paragraph “publication” means a publication made available in whatever form and by whatever means (whether or not to the public at large or any section of the public).
4
1
None of the following is to be regarded as a donation—
a
the provision of any facilities provided in pursuance of any right conferred on a candidate at a PCC election by this Order;
b
the provision by an individual of the individual's own services which are provided voluntarily in the individual's own time and free of charge;
c
any interest accruing to a candidate or the candidate's election agent in respect of any donation which is dealt with by the candidate or (as the case may be) the candidate's election agent in accordance with section 56(2)(a) or (b) of the 2000 Act (as applied by paragraph 7).
2
There is also to be disregarded any donation whose value (determined in accordance with paragraph 5) is not more than £50.
5
1
The value of any donation falling within paragraph 2(1)(a) (other than money) is to be taken as being the market value of the property in question.
2
Where, however, paragraph 2(1)(a) applies by virtue of paragraph 2(2), the value of the donation is to be taken as being the difference between—
a
the value of the money, or the market value of the property, in question, and
b
the total value in monetary terms of the consideration provided by or on behalf of the candidate or the candidate's election agent.
3
The value of any donation falling within paragraph 2(1)(b) is to be taken as being the value of the money, or (as the case may be) the market value of the property, transferred as mentioned in paragraph 3(1); and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question is to be disregarded.
4
The value of any donation falling within paragraph 2(1)(d) or (e) is to be taken as being the amount representing the difference between—
a
the total value in monetary terms of the consideration that would have had to be provided by or on behalf of the candidate or the candidate's election agent in respect of the loan or the provision of the property, services or facilities if—
i
the loan had been made, or
ii
the property, services or facilities had been provided,
on commercial terms, and
b
the total value in monetary terms of the consideration (if any) actually so provided by or on behalf of the candidate or the candidate's election agent.
5
Where a donation such as is mentioned in sub-paragraph (4) confers an enduring benefit on the donee over a particular period, the value of the donation—
a
is to be determined at the time when it is made, but
b
is to be so determined by reference to the total benefit accruing to the donee over that period.
6
In this paragraph “market value” in relation to any property, means the price which might reasonably be expected to be paid for the property on a sale in the open market.
PART 2Controls on donations
6
1
A relevant donation received by a candidate or the candidate's election agent must not be accepted if—
a
the person by whom the donation would be made is not, at the time of its receipt by the candidate or (as the case may be) the candidate's election agent, a permissible donor falling within section 54(2) of the 2000 Act, or
b
the candidate or (as the case may be) the candidate's election agent is (whether because the donation is given anonymously or by reason of any deception or concealment or otherwise) unable to ascertain the identity of the person offering the donation.
2
For the purposes of this Schedule, any relevant donation received by a candidate or the candidate's election agent which is an exempt trust donation is to be regarded as a relevant donation received by the candidate or the candidate's election agent from a permissible donor; and section 162 of the 2000 Act (interpretation: exempt trust donations) applies for the purposes of this Schedule as it applies for the purposes of that Act.
3
But, for the purposes of this Schedule, any relevant donation received by a candidate or the candidate's election agent from a trustee of any property (in the trustee's capacity as such) which is not—
a
an exempt trust donation, or
b
a relevant donation transmitted by the trustee to the candidate or the candidate's election agent on behalf of beneficiaries under the trust who are—
i
persons who at the time of its receipt by the candidate or the candidate's election agent are permissible donors falling within section 54(2) of the 2000 Act, or
ii
the members of an unincorporated association which at that time is such a permissible donor,
is to be regarded as a relevant donation received by the candidate or the candidate's election agent from a person who is not such a permissible donor.
4
Where any person (“the principal donor”) causes an amount (“the principal donation”) to be received by a candidate or the candidate's election agent by way of a relevant donation—
a
on behalf of the principal donor and one or more other persons, or
b
on behalf of two or more other persons,
then for the purposes of this Part each individual contribution by a person falling within paragraph (a) or (b) of more than £50 is treated as if it were a separate donation received from that person.
5
In relation to each such separate donation, the principal donor must ensure that, at the time when the principal donation is received by the candidate or the candidate's election agent, the candidate or (as the case may be) the candidate's election agent is given—
a
(except in the case of a donation which the principal donor is treated as making) all such details in respect of the person treated as making the donation as are required by virtue of paragraph 11(c), and
b
(in any case) all such details in respect of the donation as are required by virtue of paragraph 11(a).
6
Where—
a
any person (“the agent”) causes an amount to be received by a candidate or the candidate's election agent by way of a donation on behalf of another person (“the donor”), and
b
the amount of the donation is more than £50,
the agent must ensure that, at the time when the donation is received by the candidate or the candidate's election agent, the candidate or (as the case may be) the candidate's election agent is given all such details in respect of the donor as are required by virtue of paragraph 11(c).
7
A person commits an offence if, without reasonable excuse, the person fails to comply with sub-paragraph (5) or (6).
8
A person guilty of an offence under sub-paragraph (7) is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum or to a term of imprisonment not exceeding 6 months (or both);
b
on conviction on indictment, to a fine or to a term of imprisonment not exceeding one year (or both).
7
1
Sections 56 to 60 of the 2000 Act apply for the purposes of this Schedule in relation to—
a
a relevant donation received by a candidate or the candidate's election agent, and
b
the candidate or (as the case may be) the election agent,
as they apply in relation to a donation received by a registered party and the registered party.
2
In the application of sections 56 to 60 of that Act in accordance with sub-paragraph (1)—
a
section 56(1) has effect as if the reference to the particulars relating to a donor which would be required to be included in a donation report by virtue of paragraph 2 of Schedule 6 to that Act (if the donation were a recordable donation within the meaning of that Schedule) were a reference to the particulars which are required to be included in a return by virtue of paragraph 11(c) of this Schedule,
b
section 56(3) has effect as if the reference to the party were omitted and the reference to the treasurer of the party were a reference to the candidate or (as the case may be) the candidate's election agent, and
c
section 56(4) has effect as if the reference to the treasurer of the party were a reference to the candidate or (as the case may be) the candidate's election agent.
8
1
Sub-paragraph (2) applies in relation to any relevant donation received by a candidate after the deadline for appointing an election agent (unless the candidate is, or is deemed to be, also acting as the election agent at the time of receipt of the donation).
2
The candidate must, on receipt of any such donation as is mentioned in sub-paragraph (1), forthwith deliver to the candidate's election agent—
a
the donation,
b
where paragraph 6(5) or (6) applies in relation to the donation, the information provided to the candidate in pursuance of that provision, and
c
any other information which the candidate has about the donation and its donor which might reasonably be expected to assist the election agent in the discharge of any duties imposed on the agent, in relation to the donation, under this Part or Part 3 of this Schedule.
3
Where a donation is delivered to an election agent in accordance with sub-paragraph (2), the donation is treated for the purposes of paragraph 6(1) to (4) and the provisions applied by paragraph 7 as if it had been—
a
originally received by the election agent, and
b
so received by the agent on the date on which it was received by the candidate.
4
Where a candidate receives a relevant donation before the deadline for appointing an election agent but at a time when an appointment of a person (other than the candidate) as election agent is in force the candidate must either—
a
forthwith deliver the donation and the information mentioned in sub-paragraph (2)(b) and (c) to the election agent, or
b
(if the candidate fails to make such delivery) deal with the donation in accordance with section 56 of the 2000 Act.
5
Sub-paragraph (3) has effect in relation to any relevant donation delivered to an election agent in accordance with sub-paragraph (4)(a) as it has effect in relation to a donation delivered to the election agent in accordance with sub-paragraph (2).
6
Sub-paragraph (7) applies where—
a
a relevant donation received by a candidate before the deadline for appointing an election agent has been dealt with by the candidate in accordance with section 56 of the 2000 Act either because—
i
it was received by the candidate at a time when no appointment of another person as the candidate's election agent was in force, or
ii
although such an appointment was in force, the candidate was by virtue of sub-paragraph (4)(b) required to deal with the donation, and
b
an appointment of a person (other than the candidate) as election agent is in force at, or at any time after—
i
the deadline for appointing an election agent, or
ii
if later, the time when the candidate has dealt with the donation in accordance with section 56 of the 2000 Act.
7
Subject to sub-paragraph (9), the candidate must, as soon as reasonably practicable after the relevant time, deliver to the election agent—
a
the donation (if it has been accepted by the candidate), and
b
any information which the candidate has about the donation and the donor which might reasonably be expected to assist the election agent in the discharge of any duties imposed on the agent, in relation to the donation, under Part 3 of this Schedule.
8
The relevant time for the purposes of sub-paragraph (7) is—
a
the time mentioned in sub-paragraph (6)(b)(i) or (ii) (as the case may be) if the appointment of another person as election agent is in force at that time, or
b
otherwise, the time when any such appointment subsequently comes into force.
9
The duty imposed on a candidate by sub-paragraph (7)(a) does not apply to any relevant donation to the extent to which it has been lawfully used by the candidate for the purpose of paying election expenses.
10
In this paragraph—
a
any reference to the deadline for appointing an election agent is a reference to the latest time by which an election agent may in accordance with article 26(1) be named as election agent by the candidate, and
b
any reference to any provision of section 56 of the 2000 Act is a reference to that provision as applied by paragraph 7.
9
Section 61 of the 2000 Act applies for the purposes of this Schedule as if—
a
any reference to donations were to relevant donations,
b
any reference to a registered party were, in relation to a relevant donation, a reference to a candidate or (as the case may be) the candidate's election agent, and
c
any reference in subsection (2) to the treasurer of a registered party were, in relation to a relevant donation, a reference to either the candidate or the candidate's election agent (or both).
PART 3Reporting of Donations
10
1
The candidate's election agent must include in any return required to be delivered under article 40 a statement of relevant donations which complies with paragraphs 11 and 12.
2
If the statement states that the candidate's election agent has seen, in relation to an individual donor, a certificate of anonymous registration, the statement must be accompanied by a copy of that certificate.
3
“Certificate of anonymous registration” means a certificate issued in pursuance of regulation 45G of the 2001 Regulations M42.
11
The statement must record, in relation to each relevant donation accepted by the candidate or the candidate's election agent—
a
the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5,
b
the date when the donation was accepted by the candidate or the candidate's election agent,
c
the information about the donor which is, in connection with recordable donations to registered parties, required to be recorded in donation reports by virtue of paragraph 2 of Schedule 6 to the 2000 Act, and
d
such other information as may be required by regulations made by the Commission.
12
1
This paragraph applies to relevant donations falling within paragraph 6(1)(a) or (b).
2
Where paragraph 6(1)(a) applies, the statement must record—
a
the name and address of the donor,
b
the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5,
c
the date when the donation was received, and the date when, and the manner in which, it was dealt with in accordance with section 56(2)(a) of the 2000 Act, and
d
such other information as is required by regulations made by the Commission.
3
Where paragraph 6(1)(b) applies, the statement must record—
a
details of the manner in which the donation was made,
b
the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5,
c
the date when the donation was received, and the date when, and the manner in which, it was dealt with in accordance with section 56(2)(b) of the 2000 Act, and
d
such other information as is required by regulations made by the Commission.
4
In this paragraph any reference to any provision of section 56 of the 2000 Act is a reference to that provision as applied by paragraph 7.
SCHEDULE 6Return and declarations as to candidate election expenses
1
These are the forms referred to in articles 34(7) and 41(1), (2) and (5) M43. Form 24: Return of expenses incurred in support of a candidate (article 34(7)) Form 25: Declaration of expenses incurred in support of a candidate (article 34(7)) Form 26: Election agent's declaration as to election expenses (article 41(1)) Form 27: Candidate's declaration as to election expenses (article 41(2)) Form 28: Declaration as to election expenses by candidate who is his or her own election agent (article 41(5))
SCHEDULE 7Candidate election expenses
PART 1List of Matters
1
Advertising of any nature (whatever the medium used). Expenses in respect of such advertising include agency fees, design costs and other costs in connection with preparing, producing, distributing or otherwise disseminating such advertising or anything incorporating such advertising and intended to be distributed for the purpose of disseminating it.
2
Unsolicited material addressed to electors (whether addressed to them by name or intended for delivery to households within any particular area). Expenses in respect of such material include design costs and other costs in connection with preparing, producing or distributing such material (including the cost of postage).
3
Transport (by any means) of persons to any place. Expenses in respect of the transport of such persons include the costs of hiring a means of transport for a particular period.
4
Public meetings (of any kind). Expenses in respect of such meetings include costs incurred in connection with the attendance of persons at such meetings, the hire of premises for the purposes of such meetings or the provision of goods, services or facilities at them.
5
The services of an election agent or any other person whose services are engaged in connection with the candidate's election.
6
Accommodation and administrative costs.
PART 2General Exclusions
7
The payment of any deposit required by rule 9 of the PCC elections rules.
F1707A
1
Any matter that is reasonably attributable to the candidate’s disability, to the extent that the expenses in respect of the matter are reasonably incurred.
2
In this paragraph, “disability” has the same meaning as in section 6 of the Equality Act 2010.
8
The publication of any matter, other than an advertisement, relating to the election in—
a
a newspaper or periodical;
b
a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru;
9
The preparation and submission of a candidate's election address in accordance with article 52.
10
The provision of any facilities provided in pursuance of any right conferred on candidates at an election by this Order other than facilities in respect of which expenses fall to be defrayed by virtue of article 56(4).
11
The provision by an individual of his or her own services which the individual provides voluntarily in his or her own time and free of charge.
12
1
Accommodation which is the candidate's sole or main residence.
2
The provision by any other individual of accommodation which is the individual's sole or main residence if the provision is made free of charge.
13
1
Transport by a means of transport which was acquired by the candidate principally for the candidate's own personal use.
2
Transport provided free of charge by any other individual if the means of transport was acquired by the individual principally for the individual's own personal use.
14
1
Computing or printing equipment which was acquired by the candidate principally for the candidate's own personal use.
2
The provision by any other individual of computing or printing equipment which was acquired by the individual principally for the individual's own personal use if the provision is made free of charge.
PART 3Supplemental
15
1
The Commission may prepare, and from time to time revise, a code of practice giving—
a
guidance as to the matters which do, or do not, fall within Part 1 or Part 2 of this Schedule;
b
guidance (supplementing the definition in article 50) as to the cases or circumstances in which expenses are, or are not, to be regarded as incurred for the purposes of a candidate's election.
2
Once the Commission have prepared a draft code under this paragraph, they must submit it for approval to the F107Minister.
3
4
Once the F107Minister has approved a draft code, the F107Minister must lay a copy of the draft, whether—
a
in its original form, or
b
in a form which incorporates any modifications determined under sub-paragraph (3),
before each House of Parliament.
5
If the draft incorporates any such modifications, the F107Minister must at the same time lay before each House a statement of the reasons for making them.
6
If, within the 40-day period, either House resolves not to approve the draft, the F107Minister must take no further steps in relation to the draft code.
7
If no such resolution is made within the 40-day period—
a
the F107Minister must issue the code in the form of the draft laid before Parliament, and
b
the code is to come into force on such date as the F107Minister may by order appoint,
and the Commission must arrange for it to be published in such manner as they think appropriate.
8
Sub-paragraph (6) does not prevent a new draft code from being laid before Parliament.
9
In this paragraph, “the 40-day period”, in relation to a draft code, means—
a
if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and
b
in any other case, the period of 40 days beginning with the day on which the draft is laid before each House.
10
For the purposes of calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
11
In this paragraph references to a draft code include a revised draft code.
16
1
2
Any order under sub-paragraph (1) may not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
3
The F109Minister may make an order under sub-paragraph (1) either—
a
where the order gives effect to a recommendation of the Commission, or
b
after consultation with the Commission.
4
For the purposes of section 1 of the Statutory Instruments Act 1946 M46 (definition of “Statutory Instrument”), the power to make an order which is conferred by sub-paragraph (1) is to be taken to be conferred by an Act of Parliament.
SCHEDULE 8Election addresses of candidates
PART 1Requirements as to election addresses and website
Interpretation1
In this Schedule—
“election address”, in relation to a candidate at F95a PCC election, means a statement that is prepared on behalf of the candidate for inclusion on the website;
“the website” means the website of election addresses referred to in article 52(1).
Deadline for submission of election addresses to police area returning officer2
As soon as reasonably practicable after the publication of notice of F96a PCC election, the police area returning officer must give public notice of the latest time for the submission of election addresses of candidates to the officer.
Content of election address to be determined by candidate3
Subject to the requirements imposed by paragraphs 4, 5 and 6, the candidate may determine the content of the election address.
Preparation and submission of election address4
1
A candidate's election address—
a
must be prepared by the candidate's election agent using Form 29 set out in Part 2 of this Schedule, and
b
must be submitted to the police area returning officer before the time specified by the officer under paragraph 2.
2
An election address must—
a
contain a statement to the effect that it has been prepared by the candidate's election agent, and
b
give the name and address of the election agent.
3
The election address must be completed in English or Welsh.
4
The election address must be submitted in electronic form unless the police area returning officer is satisfied that there is good reason for it being submitted in hard copy form.
5
When submitting an election address under sub-paragraph (4), the candidate's election agent may also submit a translation into Welsh or English (as the case may be) which is a complete and accurate translation.
Content of election address5
1
An election address must specify the candidate's name and must contain matter relating to the F97... PCC election only.
2
In particular, an election address must not contain—
a
any advertising material (other than material promoting the candidate as a candidate at the PCC election), or
b
any material referring to any other candidate for election at the F98... PCC election, or
c
any material appearing to the police area returning officer—
i
to be included with a view to commercial gain, or
ii
to be indecent, obscene or offensive, or
iii
to be such that its publication or distribution would be likely to amount to the commission of an offence.
3
Any photograph showing the candidate which is included in an election address—
a
must show no other person, and
b
must comply with sub-paragraph (2).
4
An election address may include a representation of the registered emblem, or (as the case may be) one of the registered emblems, of a registered political party, if the address is prepared on behalf of an authorised party candidate.
5
Where an election address is prepared on behalf of an authorised party candidate, the address may contain a description registered under section 28A of the 2000 Act or, if the description is registered for use by candidates of two or more parties, under section 28B of that Act.
6
For the purposes of sub-paragraphs (4) and (5)—
“authorised party candidate”, in relation to a registered political party, means a candidate who has been authorised to use the emblem or description in question by a certificate which—
- a
is issued by or on behalf of the registered nominating officer of the party where the description is registered under section 28A of the 2000 Act M47, or of each of the parties where the description is registered under section 28B of that Act, and
- b
is received by the police area returning officer before the last time for the delivery of nomination papers set out in the Table in rule 1 of the PCC elections rules;
- a
“registered political party” has the meaning given in rule 6(6)(a) of the PCC elections rules.
Formatting and length of election address6
1
An election address must—
a
in relation to any part of the form in Part 2 in which a maximum number of words is specified, not exceed the number of words there specified,
b
comply with the requirements as to formatting which are specified in the form, and
c
comply with such other requirements as the F110Minister may specify with a view to facilitating its inclusion on the website.
2
An election address must also be capable of being produced in hard copy form.
Duty of police area returning officer in relation to election address7
1
In this paragraph “relevant requirements” means the requirements imposed by paragraphs 4, 5 and 6.
2
Where an election address is delivered to the police area returning officer on or before the time specified by the officer under paragraph 2, the officer must consider whether it complies with the relevant requirements.
3
If the police area returning officer considers that it does not comply with one or more relevant requirements, the officer—
a
must return it to the candidate's election agent, specifying each respect in which the officer considers that it does not comply, and
b
may make any minor corrections which the officer reasonably considers necessary to secure that the election address does comply with those requirements.
4
A candidate's election agent may re-submit an election address at any time before the time specified by the police area returning officer under paragraph 2.
5
Once the police area returning officer is satisfied that an election address complies with the relevant requirements, the officer must send the address to the F111Minister together with a statement that the officer is so satisfied.
6
The police area returning officer must notify the candidate of the date on which the candidate's election address is sent to the F111Minister and of any minor corrections which the officer has made.
Deadline for submission of election addresses to F112Minister8
1
No election address may be included on the website unless it is received by the F113Minister before midnight on the 18th day before the day of the election.
2
Candidate's right to comment in advance on the election address in template form9
1
As soon as reasonably practicable after the receipt of an election address submitted in accordance with paragraphs 7 and 8, the F114Minister must provide the police area returning officer with a copy of the election address as it will appear on the website.
2
The police area returning officer must forward each copy of the election address provided under sub-paragraph (1) to the election agent of the candidate whose election address it is, together with a notice which—
a
invites the election agent to check the content of the copy against the content submitted by the election agent, and
b
specifies the latest time for submission to the officer of any comments or corrections which the election agent may have.
3
Where any comments on or corrections to an election address are received by the police area returning officer at or before the time specified under sub-paragraph (2)(b), the officer—
a
must make such changes to the copy of the address provided under sub-paragraph (1) as the officer considers to be consistent with the requirements imposed by paragraphs 4, 5 and 6, and
b
may make any typographical corrections which the officer considers necessary.
4
As soon as reasonably practicable after the time specified under sub-paragraph (2)(b), the police area returning officer must return the copy of the election address to the F115Minister with such changes (if any) as have been made to the address under this paragraph.
Election addresses included in the website10
1
This paragraph applies where—
a
a copy of the election address of a candidate for any police area is returned to the F116Minister under paragraph 9(4), and
b
the candidate's name is shown in the statement of persons nominated for that area M48.
2
The election address is to be included on the website.
3
The step described in sub-paragraph (2) is to be taken as soon as reasonably practicable after the latest time set out in the Table in rule 1 of the PCC elections rules for the delivery of notices of withdrawals of candidature.
Liability for election addresses11
No person other than—
a
the candidate in respect of whom an election address is included on the website, and
b
the candidate's election agent,
is to incur any civil or criminal liability in respect of the publication of the content of that election address on the website or its distribution in accordance with paragraph 13.
The website12
1
The F117Minister must take all reasonable steps to ensure that the website is generally accessible and properly protected.
2
The website must be capable of being searched according to—
a
candidate name;
b
police area;
c
postcode;
d
such other criteria as the F118Minister considers appropriate.
3
Any list of the names of candidates for a police area which results from a search carried out on the website must appear in alphabetical order.
4
Any list of the names of candidates for a police area which appears on the website must be accompanied by a statement prepared by the police area returning officer.
5
The statement referred to in sub-paragraph (4) must specify—
a
the date of the PCC election,
b
the nature and purpose of the website,
c
all the candidates for the police area in the order in which are to appear on the ballot paper, and
d
any description of a candidate referred to in paragraph 5(5).
6
The statement referred to in sub-paragraph (4) must also include—
a
the name and contact details of the police area returning officer,
b
the name and contact details of the website provider, and
c
any other information for voters which the Commission may supply to the F119Minister which is appropriate for inclusion on the website.
7
The information referred to in sub-paragraph (6)(c) may include information about the office of police and crime commissioner, the system of voting to be used at PCC elections and how to vote in a manner to ensure that the vote is validly given.
Request for printed version of election addresses13
1
The F120Minister must, on a request made by any person, send to that person a printed version of the election addresses of candidates for any police area in which the person is entitled to vote as an elector.
2
The police area returning officer must forward to the F120Minister any request for a printed version which is received by the officer.
3
As soon as reasonably practicable after receipt of a request made by any person, the F120Minister must send to that person—
a
a printed copy of the election addresses of those candidates for the police area whose election addresses appear on the website,
b
a list of all the candidates who then remain validly nominated for that police area, and
c
a copy of the statement referred to in paragraph 12(4).
4
The F120Minister may arrange for the taking of steps to ensure that the election addresses of candidates for a police area are, so far as practicable, available—
a
on request in large print, braille and on audio tape;
b
in the offices of each local authority wholly or partly comprised in the police area;
c
in public libraries in the police area;
F99d
in any other premises to which the public normally have access in the police area.
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 listed in the first column of the table apply for the purposes of PCC elections.
2
In their application by virtue of this paragraph, those provisions have effect—
a
with the modifications (if any) shown in the second column of the table, and
b
with any other necessary modifications, including in particular those set out in sub-paragraph (3).
3
Except where the context otherwise requires—
a
a reference to a provision that is applied by this Schedule has effect as a reference to that provision as so applied;
b
expressions are to be construed in accordance with the definitions listed in article 2 of this Order.
4
The provisions of the 1983 Act that apply for the purpose of PCC elections by virtue of this paragraph are in addition to the provisions of that Act that would apply for those purposes in any event.
5
Articles 75 to 78 contain further provision as to the application of provisions in Part 3 of the 1983 Act.
Provision | Modification |
|---|---|
Section 127 (method of questioning local election) | In the title, for “local election” substitute |
For “An election under the local government Act” substitute | |
Section 128 (presentation of petition questioning local election) | In the title, for “local election” substitute |
In subsection (1), for “an election under the local government Act” substitute | |
In subsection (2), for “any returning officer” substitute | |
In subsection (3), omit paragraph (b). | |
For subsection (4) substitute— | |
“(4) In England and Wales the prescribed officer shall send a copy of the petition to the appropriate officer for the police area for which the election was held, who shall publish it in the police area.” | |
Section 129(1) to (8) (time for presentation or amendment of petition questioning local election) | In the title, for “local election” substitute |
In subsection (1), for “an election under the local government Act” substitute | |
In subsection (5)(a), for “the appropriate officer” substitute | |
After subsection (5), insert— | |
“(5A) For the purposes of subsection (5)— | |
“the date of the allowance of an authorised excuse” has the meaning assigned to it by article 45(9) of the Police and Crime Commissioner Elections Order 2012; | |
“declaration as to election expenses” means a declaration made under article 41 of the Police and Crime Commissioner Elections Order 2012; | |
“return as to election expenses” means a return made under article 40 of the Police and Crime Commissioner Elections Order 2012”. | |
In subsection (6), omit the second paragraph. | |
In subsection (7), for paragraph (b) substitute— | |
“(b) to a corrupt practice under article 34 of the Police and Crime Commissioner Elections Order 2012 as if it were an illegal practice.” | |
Section 130 (election court for local election in England and Wales, and place of trial) | In the title, for “local election in England and Wales” substitute |
In subsection (1), for “an election in England and Wales under the local government Act” substitute | |
In subsection (2) for “any local government area in which he resides” substitute | |
In subsection (3)(a), for “elections in England and Wales under the local government Act” substitute | |
In subsection (6), for “the area of the authority for which the election was held” substitute | |
In subsection (7), for “the local government area” substitute | |
Section 131 (accommodation of and attendance on court) | In subsection (1)— |
(a) for “The proper officer of the authority for which the election was held” substitute | |
(b) for “shall be paid by that authority” substitute | |
Section 132 (remuneration and allowances) | In subsection (2), for the words from “in the first instance” to the end substitute |
Section 133 (repayments under sections 131 and 132) | In subsection (1)— |
(a) for “the proper officer of the authority” (in both places) substitute | |
(b) for “or to the Treasury” substitute | |
Section 136 (security for costs) | For subsection (2) substitute— |
“(2) The security shall be such amount not exceeding £5,000 as the High Court, or a judge of the High Court, directs on an application made by the petitioner and shall be given in the prescribed manner by recognisance entered by any number of sureties not exceeding four or by a deposit of money, or partly in one way and partly in the other.” | |
Section 137 (petition at issue) | |
Section 138(1) to (4) (list of petitions) | In subsection (1), omit the words from “and the petitions” to the end. |
In subsection (3), omit “In the case of a petition questioning an election under the local government Act”. | |
In subsection (4) omit “or to elections under the local government Act held at the same time for more than one electoral area in the same local government area”. | |
Section 139(1) to (6) (trial of petition) | In subsection (1), for the words from “not less than” to the end substitute |
For subsection (3) substitute— | |
“(3) The trial of an election petition shall be proceeded with notwithstanding that the respondent has ceased to hold the office of police and crime commissioner to which his election is questioned by the petition.” | |
For subsection (4) substitute— | |
“(4) On the trial of a petition, unless the court otherwise directs, any charge of a corrupt practice or illegal practice may be gone into, and evidence in relation to it received, before any proof has been given of agency on behalf of any candidate in respect of the corrupt or illegal practice.” | |
For subsection (6) substitute— | |
“(6) If it appears that there is an equality of votes between any candidates at an election conducted under the PCC elections rules, and that the addition of a vote would entitle any of those candidates to be declared elected then— | |
(a) any decision under the provisions as to equality of votes in the PCC elections rules shall, in so far as it determines the question between those candidates, be effective also for the purposes of the petition, and | |
(b) in so far as that question is not determined by such a decision, the court shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote.” | |
Section 140(1) to (6) (witnesses) | In subsection (1), omit the words from “but this subsection” to the end. |
Section 141 (duty to answer relevant questions) | In subsection (1), omit paragraph (a)(ii). |
In subsection (2), omit paragraph (b). | |
Section 143 (expenses of witnesses) | In subsection (2), omit the second paragraph. |
Section 145(1) and (2) to (6) (conclusion of trial of local election petition) | In the title, for “local election petition” substitute |
In subsection (1), for “an election under the local government Act” substitute | |
In subsection (3), for “in the area of the authority for which the election was held or in any electoral area of that authority's area” substitute | |
In subsection (6), for “the proper officer of the authority for which the election was held” substitute | |
Section 146(1), (3) and (4) (special case for determination of High Court) | In subsection (3)— (a) omit the words from the beginning to “local government Act”; |
(b) for “the proper officer of the authority for which the election was held” substitute | |
In subsection (4), omit the second paragraph. | |
Section 147 (withdrawal of petition) | In subsection (1), omit the second paragraph. |
In subsection (2), for “the constituency or local government area” substitute | |
Section 154(1) and (2) (costs of petition) | |
Section 155 (neglect or refusal to pay) | For subsection (1) substitute— |
“(1) Subsection (2) below applies if a petitioner neglects or refuses for three months after demand to pay to any person summoned as a witness on his behalf or to the respondent any sum certified to be due to that person or the respondent for his costs, and the neglect or refusal is, within one year after the demand, proved to the satisfaction of the High Court.” | |
For subsection (2) substitute— | |
“(2) Where subsection (1) applies, every person who under this Act entered into a recognisance relating to that petition shall be held in default of the recognisance, and— | |
(a) the prescribed officer shall thereupon certify the recognisance to be forfeited, and | |
(b) it shall be dealt with as if forfeited by the Crown Court.” | |
Section 156 (further provision as to costs) | |
Section 157(1), (2), (3) and (6) (appeals and jurisdiction) | In subsection (2)— |
(a) for “Subject to the provisions of this Act and of the rules made under it,” substitute | |
(b) for “an election under the local government Act” substitute | |
In subsection (3), after “subject to the provisions of” insert | |
In subsection (6), “elections under the local government Act” substitute “elections under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011”. | |
Section 158 (report as to candidate guilty of corrupt or illegal practice) | In subsection (1) omit “section 144 or”. |
In subsection (2), for “at a parliamentary election” substitute | |
In subsection (3), omit the second paragraph. | |
Section 159(1) and (4) (candidate reported guilty of corrupt or illegal practice) | In subsection (4) after “this Act” insert |
Section 161 (justice of the peace) | |
Section 162 (member of legal and certain other professions) | |
Section 163 (holder of licence or certificate under the Licensing Acts) | |
Section 164 (avoidance for general corruption etc) | In subsection (3), for “An election under the local government Act” substitute |
After subsection (3) insert— | |
“(4) The reference to promoting or procuring a person's election includes doing so by prejudicing the electoral prospects of another candidate at the election.” | |
Section 166(2) and (3) (votes to be struck off for corrupt or illegal practices) | In subsection (3), for the words from “an incapacity to vote” to the end substitute |
Section 167(1), (1A) and (2) (application for relief) | In subsection (1), for the words from “if in respect of” to the end substitute |
In subsection (2)— | |
(a) for “this Act” (in each place) substitute | |
(b) in paragraph (c), for “in the constituency or, as the case may be, the area of the authority” substitute | |
Section 168 (prosecutions for corrupt practices) | In subsection (1)(a), in sub-paragraph (i), for “corrupt practice under section 60 or 62A above” substitute |
Section 169 (prosecutions for illegal practices) | |
Section 170 (conviction of illegal practice on charge of corrupt practice etc) | |
Section 174 (mitigation and remission etc) | |
Section 175 (illegal payments or employments) | In subsection (2), omit the words from “and if an offence” to the end. |
Section 176 (time limit for prosecutions) | In subsection (1)— |
(a) for “this Act” substitute | |
(b) omit “(or, in Northern Ireland, the Magistrates' Courts (Northern Ireland) Order 1981)”; | |
(c) omit “or Order”. | |
For subsection (2), substitute— | |
“(2) For the purposes of this section, the laying of an information shall be deemed to be the commencement of a proceeding.” | |
In subsection (2C)— | |
(a) omit “or Crown Prosecutor”; | |
(b) for “rule 57 of the parliamentary elections rules” substitute | |
In subsection (2D), for paragraph (a) substitute— | |
“(a) directing the registration officer not to cause the documents to be destroyed at the expiry of the period of one year mentioned in rule 68 of the PCC elections rules,”. | |
Section 177 (local election punishable summarily) | In the title, for “local election” substitute |
For subsection (1) substitute— | |
“(1) A prosecution for any offence punishable summarily in reference to an election under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011— | |
(a) may be instituted before any magistrates' court in the county in which the whole or part of the police area for which the election is held is situated or which it adjoins; and | |
(b) the offence shall be deemed for all purposes to have been committed within the jurisdiction of that court.” | |
Section 178 (prosecution of offences committed outside the United Kingdom) | For “an offence under this Act” substitute |
Section 179 (offences by associations) | For paragraph (b) substitute— |
“(b) any offence under article 64 of the Police and Crime Commissioner Elections Order 2012 (details to appear on election publications),”. | |
After “by this Act” insert | |
Section 180 (evidence by certificate of holding of elections) | In this section— |
(a) omit “and” at the end of paragraph (a); | |
(b) omit paragraph (b); | |
(c) for “the certificate of the returning officer” substitute | |
Section 180A (evidence by certificate of electoral registration) | |
Section 181(1) to (3A), (5) and (6) (Director of Public Prosecutions) | In subsection (1), for “any offence under this Act” substitute |
In subsection (5), for “the Treasury” substitute | |
In subsection (6), for “the Treasury” (in both places) substitute | |
Section 183(1) and (2) (costs) | In subsection (1), for “under Part 2 or this Part of this Act” substitute |
Section 184 (service of notices) | In subsection (1)(a), for the words from “in the constituency” to the end substitute |
In section 185 (interpretation), the definition of “candidate”, “costs”, “Licensing Acts”, “money” and “pecuniary award”, “payment”, “prescribed”. | In the definition of candidate, for the words from “has the same meaning” to the end substitute |
In the definition of “Licensing Acts”, for the words from “means” to the end substitute | |
In the definition of “prescribed” for the words from “means” to the end substitute | |
Section 186 (computation of time) | In this section— |
(a) for “Section 119 above” substitute | |
(b) for “as for Part 2 of this Act” substitute |
PART 2Election Petition Rules 1960
2
1
The Election Petition Rules 1960 M50 apply for the purposes of PCC elections.
2
In the application by virtue of this paragraph of any provision of those Rules which is listed in the first column of the table, that provision has effect—
a
with the modifications (if any) shown in the second column of the table, and
b
with any other necessary modifications, including in particular those set out in sub-paragraph (3).
3
Except where the context otherwise requires—
a
a reference to a provision that is applied by this Schedule has effect as a reference to that provision as so applied;
b
expressions are to be construed in accordance with the definitions listed in article 2 of this Order.
Provision | Modification |
|---|---|
Rule 2 (definitions) | In paragraph (2)— |
(a) omit the definition of “local election petition”; | |
(b) in the definition of “petition” for the words from “means” to the end substitute | |
(c) for the definition of “constituency” substitute | |
(d) in the definition of “returning officer”, for the words from “means” to the end substitute | |
In paragraph (3), for “the prescribed officer in relation to elections under the local government Act” substitute | |
In paragraph (4), for “Subject to the provisions of the Act and these Rules,” substitute | |
Rule 4 (form of petition) | In paragraph (1)— |
(a) in sub-paragraph (a), omit “section 121(1) or”; | |
(b) in sub-paragraph (b), omit the words from “showing” to the end; | |
(c) in sub-paragraph (c), omit “subsection (2) or (3) of section 122 of”. | |
Rule 6 (notice to be given to respondent and DPP) | In paragraph (1), omit “section 121(2) or”. |
Rule 9 (display etc of notice of time and place of trial) | In paragraph (3), omit the words from the beginning to “and in any other case”. |
In paragraph (4), for “in his constituency” substitute | |
Rule 12 (application for leave to withdraw a petition) | In paragraph (2)(b), for “in the constituency” substitute |
In paragraph (4), for “in his constituency” substitute | |
Rule 14 (petition abated in the event of a petitioner's death) | In paragraph (1)— |
(a) in sub-paragraph (b), for “in his constituency” substitute | |
(b) in sub-paragraph (c), for “in the constituency” substitute | |
Rule 16 | Omit rule 16 |
Rule 19 (computation of time) | In paragraph (1), for “section 119 of the Act” substitute |
In paragraph (2), for “section 119(2) of the Act” substitute | |
Schedule (form of election petition) | In the preamble, for “And in the matter of a Parliamentary (or Local Government) Election for (state place)” substitute |
In paragraph 1, omit “(or in the case of a parliamentary election claims to have had a right to be elected or returned at the above election)”. | |
For paragraph 2, substitute— | |
“2 That the election was held on the .. .. .. ..day of .. .. .. .., 20 .. .., when E.F., G.H. and J.K. were candidates, and on the .. .. .. ..day of .. .. .. ..20 .. .., and E.F. was declared to be duly elected as police and crime commissioner”. | |
In paragraph 4, omit “in section 122(2) or (3) or” | |
For the prayer, substitute— | |
“The Petitioner(s) therefore pray(s)— | |
(1) That it may be determined that the said E.F. was not duly elected and that the election was void (or that the said J.K. was duly elected and ought to have been returned) (or as the case may be). | |
(2) That the Petitioner(s) may have such further or other relief as may be just.” |
SCHEDULE 10Access to marked registers and other documents open to public inspection after an election
Interpretation of this Schedule1
1
In this Schedule references to the “marked register or lists” means any part of the marked copies of—
a
the full register,
b
c
the postal voters list,
d
the list of proxies, and
e
the proxy postal voters list,
which were forwarded to the relevant registration officer under paragraph 59 of Schedule 2 (retention of postal ballot papers, etc) or rule 66 of the PCC elections rules (retention of documents).
2
In this Schedule—
a
“full register” and “edited register” have the same meaning as in the 2001 Regulations;
b
“processor” means a person who provides a service which consists of putting information into data form and any reference to a processor includes a reference to the processor's employees;
F166c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F166d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
e
any reference to an employee of any person who has access to a copy of the full register includes a reference to any person working or providing services for the purposes of that person or employed by or on behalf of, or working for, any person who is so working or who is supplying such a service.
3
Subject to any direction given by the F121Minister under article 6, any duty of a relevant registration officer to supply records or lists or make them available for inspection under this Schedule imposes only a duty to provide that information in the form in which the relevant registration officer holds it.
Supply of marked registers and lists after an election2
1
Any person who, in accordance with any of the provisions listed in sub-paragraph (2), is entitled to be supplied with copies of the full register at the time of a particular PCC election is also a person entitled to request that a relevant registration officer supply copies of the relevant part (within the meaning of the listed provisions) of the marked register or lists the relevant registration officer is required to keep.
2
The listed provisions are—
a
paragraph 3 of Schedule 1 (supply of full register etc to police and crime commissioner and restrictions on use);
b
paragraph 5 of Schedule 1 (supply of full register etc to candidates and restrictions on use);
c
regulation 100 of the 2001 Regulations (supply of free copy of full register etc to Commission and restrictions on use);
d
regulation 105 of the 2001 Regulations (supply of full register etc to local constituency parties and restrictions on use);
e
regulation 106 of the 2001 Regulations (supply of full register etc to registered political parties and restrictions on use);
f
regulation 109 of the 2001 Regulations (supply of full register etc to police forces and other agencies and restrictions on use);
g
regulation 113 of the 2001 Regulations (sale of full register to government departments and other bodies).
3
A person who was entitled to request copies of the marked register or lists under sub-paragraph (1) by being in a category of persons covered by sub-paragraph (2)(a), (b), (d) or (e) before a particular PCC election, is entitled to request those documents regardless of whether that person remains in an entitled category after the election for which the marked register or list was prepared.
4
A request under sub-paragraph (1) must be made in writing and must—
a
specify which of the marked register or lists (or the relevant part of the register or lists) is requested,
b
state whether a printed copy is requested or a copy in data form, and
c
state the purposes for which the marked register or lists will be used and why the supply or purchase of a copy of the full register or unmarked lists would not be sufficient to achieve those purposes.
5
The relevant registration officer must supply a copy of the relevant part of the marked register or lists where a request is duly made, and—
a
the relevant registration officer is satisfied that the requestor needs to see the marks on the marked register or lists in order to achieve the purpose for which it is requested, and
b
the relevant registration officer has received payment of a fee calculated in accordance with paragraph 6.
6
If the relevant registration officer is not satisfied in accordance with sub-paragraph (5)(a) the relevant registration officer must inform the requestor of the relevant registration officer's decision under this paragraph; and
a
where the request relates to the marked register, provide the requestor with information concerning the availability of the published full register for inspection in accordance with regulation 43 of the 2001 Regulations (publication of register);
b
where the request relates to the marked lists, provide information concerning the availability of the unmarked lists in accordance with paragraphs 20 and 21 of Schedule 2 (absent voting lists: supply of copies and inspection).
7
A person who obtains a copy of any part of a marked register or list under this paragraph may use it only for the permitted purposes specified in paragraph 5(3), and such use is also subject to—
a
any conditions specified in paragraph 5, or
b
where the request to the registration officer is made by reference to a provision specified in sub-paragraph (8), any conditions which would apply to the use of the full register under whichever of the listed provisions entitled that person to obtain that document.
8
The specified provisions are—
a
paragraph 3(3)of Schedule 1;
b
paragraph 5(3) of Schedule 1;
c
regulation 100(3) of the 2001 Regulations;
d
regulation 105(4) of the 2001 Regulations;
e
regulation 106(3) of the 2001 Regulations;
f
regulation 109(3) of the 2001 Regulations;
g
regulation 113 of the 2001 Regulations.
9
Where a person has been supplied with a marked register or list, or any information contained in it (that is not contained in the edited register), by a person to whom a provision specified in sub-paragraph (8) applies, the restrictions in that provision also apply to the person to whom the register, list or information was supplied, as they apply to that other person.
10
Any person who has obtained or is entitled to obtain a copy of the marked register or lists under this paragraph may—
a
supply a copy of the marked register or lists to a processor for the purpose of processing the information it contains, or
b
procure that a processor processes and supplies to the person any copy of the information in the marked register or lists which the processor has obtained under this paragraph,
for use in respect of the purposes for which that person is entitled to obtain such copy or information (as the case may be).
11
A processor may not disclose the marked register or lists or the information contained in them except to the person who supplied it to the processor or any other person, or an employee of such a person, who is entitled to obtain a copy of the marked register or lists under this Schedule.
Inspection of documents open to public inspection3
1
Any person is entitled to request that the relevant registration officer make available for inspection a copy of any of the following documents (referred to in this Schedule as “the documents open to public inspection”)—
a
the marked register or lists;
b
such other documents relating to a PCC election as the relevant registration officer is required by or under any enactment to retain for any period except—
i
ballot papers;
ii
completed corresponding number lists;
iii
certificates as to employment on the day of the election;
F78iv
the list required to be compiled under paragraph 55(4) of Schedule 2.
2
A request under sub-paragraph (1) must be made in writing and must specify—
a
which documents are requested,
b
the purposes for which the information in any document will be used,
c
where the request is to inspect the marked register or lists, any reason why inspecting the full register or unmarked lists would not be sufficient to achieve those purposes,
d
who will inspect the documents,
e
the date on which they wish to inspect the documents, and
f
whether they would prefer to inspect the documents in printed or data form.
3
Subject to sub-paragraph (5), the relevant registration officer must make the documents open to public inspection available for inspection under supervision not later than 10 days after the date of receipt of a request that has been duly made.
4
In computing the period referred to in sub-paragraph (3)—
a
a Saturday or Sunday,
b
Christmas Eve, Christmas Day, Good Friday or a bank holiday, or
c
a day appointed for public thanksgiving or mourning,
is to be disregarded.
5
Where a request has been made to inspect copies of the marked register or lists under sub-paragraph (2) and the relevant registration officer is not satisfied that the purposes of the requestor cannot be met by inspection of the full register, the relevant registration officer must—
a
inform the requestor of the relevant registration officer's decision under this paragraph, and
b
provide the requestor with information concerning the availability of the published full register for inspection in accordance with regulation 43 of the 2001 Regulations.
6
A person who obtains a copy of or information in any document open to public inspection under this paragraph may use it only for the permitted purposes specified in paragraph 5, and such use is also subject to—
a
any conditions specified in paragraph 5,
b
any conditions specified in sub-paragraph (8), and
c
any conditions which would apply to the use of the full register under regulation 109 of the 2001 Regulations where such a person had obtained a copy of that document under sub-paragraph (9).
7
Where inspection takes place by providing the records or lists on a computer screen or otherwise in data form, the relevant registration officer must ensure that the manner in which, and equipment on which, that copy is provided do not permit any person consulting that copy to—
a
search it by electronic means by reference to the name of any person; or
b
copy or transmit any part of that copy by electronic or any other means.
8
Subject to sub-paragraph (9), a person who inspects a copy of a document open to public inspection, whether a printed copy or in data form, may not—
a
make copies of any part of it, or
b
record any particulars in it,
except that a person who inspects a copy of the marked register or lists may make hand-written notes.
9
The relevant registration officer must, on request, supply free of charge copies of any documents open to public inspection—
a
to the Security Service, the Government Communications Headquarters, or the Secret Intelligence Service;
b
to a person who has inspected those documents and who is entitled to be supplied with a copy of the marked register or lists by virtue of being a person to whom regulation 109 of the 2001 Regulations applies.
Restrictions on use, supply and disclosure of documents by registration officer and staff4
1
This paragraph applies to—
a
the relevant registration officer,
b
any deputy registration officer, and
c
any person appointed to assist a relevant registration officer or who in the course of that person's employment is assigned to assist the relevant registration officer.
2
A person to whom this paragraph applies must not—
a
supply to any person a copy of the documents open to public inspection,
b
disclose information contained in those documents (and not contained in the edited register), or
c
make use of any such information,
otherwise than in accordance with an enactment, including this Order.
3
Nothing in sub-paragraph (2) applies to the supply or disclosure by a person (“P”) to whom this paragraph applies to another such person in connection with P's registration duties or for the purposes of an election or referendum.
Other restrictions on use of documents or information contained in them5
1
This paragraph applies to any person who has obtained access to a copy of the documents open to public inspection or information contained in them by any means.
2
No person to whom this paragraph applies may—
a
supply a copy of the documents open to public inspection or any part of those documents,
b
disclose any information contained in those documents (that is not contained in the edited register), or
c
make use of any such information,
other than for a permitted purpose specified sub-paragraph (3) or (4).
3
Where a person obtains copies of the information in the marked register or lists in accordance with paragraph 2(1) or inspects information in accordance with paragraph 3(1), the permitted purposes are—
F167a
purposes mentioned in Article 89(1) of the GDPR (archiving in the public interest, scientific or historical research and statistics), or
b
electoral purposes.
4
Where a copy of any information was supplied in the circumstances to which paragraph 3(9) applies, the permitted purposes are—
a
the prevention and detection of crime and the enforcement of the criminal law (whether in England and Wales or elsewhere), or
b
the vetting of a relevant person (within the meaning of regulation 109(5) of the 2001 Regulations) for the purpose of safeguarding national security.
F1685
In this paragraph, “the GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation).
Calculating the fee for supply of marked registers or lists6
1
The fee to be paid in accordance with paragraph 2(5)(b) by a person making a request for a copy of the whole or of any part of the marked register or lists is set out in sub-paragraph (2).
2
The fee shall be the sum of £10, plus for a copy—
a
in printed form, £2 for each 1,000 entries (or remaining part of 1,000 entries) covered by the request, and
b
in data form, £1 for each 1,000 entries (or remaining part of 1,000 entries) covered by the request.
3
For the purposes of this paragraph, a request for a copy of the whole or the same part of the marked register or lists in both a printed and data form may be treated as two separate requests.
Failure to comply with conditions relating to supply etc of certain documents7
1
A person is guilty of an offence—
a
if the person fails to comply with any of the provisions specified in sub-paragraph (2), or
b
if the person is an appropriate supervisor of a person (“P”) who fails to comply with such a provision and the supervisor failed to take appropriate steps.
2
The specified provisions are paragraphs 2(7), (9) and (11), 3(6) and (8), 4(2) and 5(2).
3
P is not guilty of an offence under sub-paragraph (1) if—
a
P had an appropriate supervisor, and
b
P has complied with all the requirements imposed on P by P's appropriate supervisor.
4
A person who is not P or an appropriate supervisor is not guilty of an offence under sub-paragraph (1) if the person takes all reasonable steps to ensure that he or she complies with the provisions specified in sub-paragraph (2).
5
In sub-paragraphs (1)(b), (3) and (4)—
a
an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which P is employed or under whose direction or control P is;
b
appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the provisions specified in sub-paragraph (2).
6
A person guilty of an offence as mentioned in sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Words in Sch. 4 substituted (4.3.2016) by The Police and Crime Commissioner Elections (Amendment) Order 2016 (S.I. 2016/300), arts. 1(2), 6(2) (with art. 1(3))