2021 No. 293
Local Government, England
Police, England And Wales

The Mayoral and Police and Crime Commissioner Elections (Coronavirus, Nomination of Candidates) (Amendment) Order 2021

Made
Coming into force
The Minister for the Cabinet Office makes this Order in exercise of the powers conferred by sections 9HE(1) and 105(2) of the Local Government Act 20001 (the “LGA 2000”), paragraph 12(1) of Schedule 5B to the Local Democracy, Economic Development and Construction Act 20092 (“the 2009 Act”) and sections 58(1) and 154(5) of the Police Reform and Social Responsibility Act 20113 (“the 2011 Act”).
The Minister for the Cabinet Office has consulted the Electoral Commission in accordance with section 9HE(4) of the LGA 2000, paragraph 12(4) of Schedule 5B to the 2009 Act and section 7(2)(hc) of the Political Parties, Elections and Referendums Act 20004.
In accordance with section 105(6) of the LGA 2000, section 117(2) of the 2009 Act5 and section 154(2)(b) of the 2011 Act, a draft of this Order has been laid before and approved by resolution of each House of Parliament.

Citation, commencement, extent and application1.

(1)

This Order may be cited as the Mayoral and Police and Crime Commissioner Elections (Coronavirus, Nomination of Candidates) (Amendment) Order 2021.

(2)

This Order comes into force on the day after the day on which it is made.

(3)

Any amendment made by this Order has the same extent and application as the provision amended, except for the amendments made by article 3 which apply to England only.

Expiry and saving2.

(1)

This Order expires at the end of 28th February 2022.

(2)

Despite paragraph (1), this Order continues to have effect after that date in relation to an election where—

(a)

the notice of the election is published on or before 28th February 2022, and

(b)

the poll for that election takes place on or after that date.

Amendment of the Local Authorities (Mayoral Elections) (England and Wales) Regulations 20073.

(1)

The Local Authorities (Mayoral Elections) (England and Wales) Regulations 20076 are amended as follows.

(2)

In Schedule 1 (the mayoral elections rules), in rule 8 (subscription of nomination paper)—

(a)

in paragraph 1, omit “, and by twenty-eight other electors as assenting”;

(b)

in paragraph 2, for “, seconding or assenting to” substitute “or seconding”.

(3)

In Schedule 3 (mayoral election combination of polls rules), in rule 8 (subscription of nomination paper)—

(a)

in paragraph 1, omit “, and by twenty-eight other electors as assenting”;

(b)

in paragraph 2, for “, seconding or assenting to” substitute “or seconding”.

Amendment of the Police and Crime Commissioner Elections Order 20124.

In Schedule 3 to the Police and Crime Commissioner Elections Order 20127 (rules for the conduct of PCC elections where poll not taken together with poll at another election), in rule 7 (subscription of nomination paper)—

(a)

in paragraph (1), for “by 98 other electors as assenting to the nomination” substitute “subscribed as assented to by that number of other electors as calculated in accordance with paragraph (1A)”;

(b)

after paragraph (1), insert—

“(1A)

The number of other electors which must subscribe a nomination paper is—

  • 2V – 2

  • where V is the number of voting areas wholly or partly comprised in the police area.”.

Amendment of the Combined Authorities (Mayoral Elections) Order 20175.

(1)

The Combined Authorities (Mayoral Elections) Order 20178 is amended as follows.

(2)

In Schedule 1 (the combined authority mayoral elections rules), in rule 8 (subscription of nomination paper)—

(a)

in paragraph (1)—

(i)

for “paragraphs (2) and (3)” substitute “paragraph (2)”;

(ii)

for “by at least ninety-eight other electors as assenting to the nomination” substitute “subscribed as assented to by that number of other electors as calculated in accordance with paragraph (1A)”;

(b)

after paragraph (1), insert—

“(1A)

The number of other electors which must subscribe a nomination paper is—

  • 2C – 2

  • where C is the number of relevant constituent councils.”;

(c)

in paragraph (2), for “10” substitute “2”;

(d)

omit paragraph (3).

(3)

In Schedule 3 (combined authority mayoral election (combination of polls) rules), in rule 8 (subscription of nomination paper)—

(a)

in paragraph (1)—

(i)

for “paragraphs (2) and (3)” substitute “paragraph (2)”;

(ii)

for “by at least ninety-eight other electors as assenting to the nomination” substitute “subscribed as assented to by that number of other electors as calculated in accordance with paragraph (1A)”;

(b)

after paragraph (1), insert—

“(1A)

The number of other electors which must subscribe a nomination paper is—

  • 2C – 2

  • where C is the number of relevant constituent councils.”;

(c)

in paragraph (2), for “10” substitute “2”;

(d)

omit paragraph (3).

Chloe Smith
Minister of State for the Constitution and Devolution
Cabinet Office
EXPLANATORY NOTE
(This note is not part of the Order)

This Order amends Schedules 1 and 3 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024), Schedule 3 to the Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917) and Schedules 1 and 3 to the Combined Authorities (Mayoral Elections) Order 2017 (S.I. 2017/67). It reduces the number of subscribing electors that are required on a candidate nomination form for Police and Crime Commissioner, Combined Authority Mayoral and Local Authority Mayoral elections. This is to reduce the amount of person to person contact that may be needed as part of the nomination process, in order to reduce the risk of exposure to and transmission of the Coronavirus.

Article 2 provides for the expiry of these amendments at the end of 28th February 2022, except in respect of elections which have been commenced (by the issuing of the notice of election) on or before but not concluded on that date.

An impact assessment has not been produced for this instrument as no, or no significant, impact on business, charities or the public or voluntary sector is foreseen.