Citation, commencement, extent, transitional and savings provisions I1I11

1

These Regulations may be cited as the Local Government and Greater London Authority Elections (Miscellaneous Amendments) Regulations 2023.

2

The following provisions come into force on 31st October 2023—

a

this regulation;

b

regulation 3(1), (2), (7), (10), (15) and (17);

c

regulation 4(1), (2), (7), (10) and (15);

d

in Schedule 1, paragraphs 1, 6, 7(2), 8(2) and (3), 9, 10(2), 11(2) and (3), 12, 13(2) and (3) and 14(2).

3

Subject to paragraph (4), the remainder of these Regulations come into force on 1st November 2023.

4

The following provisions come into force on 31st January 2024—

a

regulation 3(8), (9)(c) and (d), (16) and (18)(c) and (d);

b

regulation 4(8), (9)(c) and (d), (16) and (17)(c) and (d);

c

regulation 5(7), (13), (19), (25), (31), (37) and (38)(e) and (f);

d

in Schedule 1, paragraphs 7(1), 8(1), 10(1), 11(1), 13(1) and 14(1).

5

An amendment made by these Regulations has the same extent as the provision amended.

6

Schedule 1 (transitional and savings provisions) has effect.

Annotations:
Commencement Information
I1

Reg. 1 in force at 31.10.2023, see reg. 1(2)(a)

Amendment of the Parish and Community Meetings (Polls) Rules 1987 I22

1

Rule 6 (application of provisions in the Act of 1983) of the Parish and Community Meetings (Polls) Rules 19875 is amended as follows.

2

In paragraph (a), after “114,” insert “114A6,”.

3

After paragraph (e), insert—

ea

in respect of the election of the chairman of a parish meeting or a poll consequent on a parish meeting—

i

section 114A applies as if, in subsection (2)(b), “or of a proxy for an elector” were omitted;

ii

section 115 does not apply;

eb

in respect of a poll consequent on a community meeting, section 114A does not apply;

Annotations:
Commencement Information
I2

Reg. 2 in force at 1.11.2023, see reg. 1(3)

Amendment of the Local Elections (Principal Areas) (England and Wales) Rules 2006 I3I4I9I33

1I3

The Local Elections (Principal Areas) (England and Wales) Rules 20067 are amended as follows.

2I3

Schedule 2 (rules for conduct of an election of councillors of a principal area where poll is not taken together with poll at another election) is amended in accordance with paragraphs (3) to (9).

I43

In rule 4 (nomination of candidates), for paragraph (3) substitute—

3

If a candidate—

a

commonly uses a surname that is different from any other surname the candidate has,

b

commonly uses a forename that is different from any other forename the candidate has, or

c

otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).

I44

In rule 7 (consent to nomination), in paragraph (b)(i), for “and section 34 of the Localism Act 20118” substitute “, section 34 of the Localism Act 2011 and section 30 of the Elections Act 20229.

I45

In rule 8 (decisions as to validity of nomination papers), in paragraph (2)—

a

omit the “and” after sub-paragraph (a);

b

after paragraph (b) insert—

c

that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.

I46

In rule 9 (publication of statement of persons nominated), in paragraph (3)—

a

for “in addition to another name” substitute “in accordance with rule 4(3)”;

b

for “any other name” substitute “the other surname or forename”.

7I3

In rule 24 (appointment of presiding officers and polling clerks), in paragraph (3)(c) for “mentions” substitute “mentioned”.

I98

In rule 33 (questions to be put to voters)—

a

in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

b

in the table following paragraph (1)—

i

in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

c

Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

d

If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

e

If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

f

If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

ii

omit entry 4;

c

in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

9

In Part 7 (appendix of forms), for—

I4a

the form of nomination paper;

I4b

the form of candidate’s consent to nomination;

I9c

the form of official poll card (to be sent to an elector voting in person); and

I9d

the form of official proxy poll card (to be sent to an appointed proxy voting in person),

substitute the corresponding form set out in Part 1 of Schedule 3 to these Regulations.

10I3

Schedule 3 (rules for conduct of an election of councillors of a principal area where the poll is taken together with the poll at a relevant election or referendum) is amended in accordance with paragraphs (11) to (18).

I411

In rule 4 (nomination of candidates), for paragraph (3) substitute—

3

If a candidate—

a

commonly uses a surname that is different from any other surname the candidate has,

b

commonly uses a forename that is different from any other forename the candidate has, or

c

otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).

I412

In rule 7 (consent to nomination), in paragraph (b)(i), for “and section 34 of the Localism Act 2011” substitute “, section 34 of the Localism Act 2011 and section 30 of the Elections Act 2022”.

I413

In rule 8 (decisions as to validity of nomination papers), in paragraph (2)—

a

omit the “and” after sub-paragraph (aa);

b

after sub-paragraph (b) insert—

c

that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.

I414

In rule 9 (publication of statement of persons nominated), in paragraph (3)—

a

for “in addition to another name” substitute “in accordance with rule 4(3)”;

b

for “any other name” substitute “the other surname or forename”.

15I3

In rule 24 (appointment of presiding officers and clerks), in paragraph (3)(c) for “mentions” substitute “mentioned”.

I916

In rule 33 (questions to be put to voters)—

a

in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

b

in the table following paragraph (1)—

i

in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

c

Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

d

If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

e

If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

f

If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

ii

omit entry 4;

c

in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

17I3

In rule 37 (voting by persons with disabilities), in paragraph (3) for “voter” in the third place it occurs, substitute “vote”.

18

In Part 7 (appendix of forms), for—

I4a

the form of nomination paper;

I4b

the form of candidate’s consent to nomination;

I9c

the form of official poll card (to be sent to an elector voting in person); and

I9d

the form of official proxy poll card (to be sent to an appointed proxy voting in person),

substitute the corresponding form set out in Part 2 of Schedule 3 to these Regulations.

Amendment of the Local Elections (Parishes and Communities) (England and Wales) Rules 2006 I5I6I10I54

1I5

The Local Elections (Parishes and Communities) (England and Wales) Rules 200610 are amended as follows.

2I5

Schedule 2 (rules for conduct of an election of councillors of a parish where poll is not taken together with poll at another election) is amended in accordance with paragraphs (3) to (9).

I63

In rule 4 (nomination of candidates), for paragraph (3) substitute—

3

If a candidate—

a

commonly uses a surname that is different from any other surname the candidate has,

b

commonly uses a forename that is different from any other forename the candidate has, or

c

otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).

I64

In rule 7 (consent to nomination), in paragraph (b)(i), for “and section 34 of the Localism Act 2011” substitute “, section 34 of the Localism Act 2011 and section 30 of the Elections Act 2022”.

I65

In rule 8 (decisions as to validity of nomination papers), in paragraph (2)—

a

omit the “and” after sub-paragraph (aa);

b

after sub-paragraph (b) insert—

c

that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.

I66

In rule 9 (publication of statement of persons nominated), in paragraph (3)—

a

for “in addition to another name” substitute “in accordance with rule 4(3)”;

b

for “any other name” substitute “the other surname or forename”.

7I5

In rule 24 (appointment of presiding officers and polling clerks), in paragraph (3)(c) for “mentions” substitute “mentioned”.

I108

In rule 33 (questions to be put to voters)—

a

in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

b

in the table following paragraph (1)—

i

in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

c

Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

d

If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

e

If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

f

If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

ii

omit entry 4;

c

in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

9

In Part 7 (appendix of forms), for—

I6a

the form of nomination paper;

I6b

the form of candidate’s consent to nomination;

I10c

the form of official poll card (to be sent to an elector voting in person); and

I10d

the form of official proxy poll card (to be sent to an appointed proxy voting in person),

substitute the corresponding forms set out in Part 1 of Schedule 4 to these Regulations.

10I5

Schedule 3 (rules for conduct of an election of councillors of a parish where the poll is taken together with the poll at a relevant election or referendum) is amended in accordance with paragraphs (11) to (17).

I611

In rule 4 (nomination of candidates), for paragraph (3) substitute—

3

If a candidate—

a

commonly uses a surname that is different from any other surname the candidate has,

b

commonly uses a forename that is different from any other forename the candidate has, or

c

otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).

I612

In rule 7 (consent to nomination), in paragraph (b)(i), for “and section 34 of the Localism Act 2011” substitute “, section 34 of the Localism Act 2011 and section 30 of the Elections Act 2022”.

I613

In rule 8 (decisions as to validity of nomination papers), in paragraph (2)—

a

omit the “and” after sub-paragraph (aa);

b

after sub-paragraph (b) insert—

c

that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.

I614

In rule 9 (publication of statement of persons nominated), in paragraph (3)—

a

for “in addition to another name” substitute “in accordance with rule 4(3)”;

b

for “any other name” substitute “the other surname or forename”.

15I5

In rule 24 (appointment of presiding officers and polling clerks), in paragraph (3)(c) for “mentions” substitute “mentioned”.

I1016

In rule 33 (questions to be put to voters)—

a

in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

b

in the table following paragraph (1)—

i

in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

c

Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

d

If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

e

If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

f

If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

ii

omit entry 4;

c

in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

17

In Part 7 (appendix of forms), for—

I6a

the form of nomination paper;

I6b

the form of candidate’s consent to nomination;

I10c

the form of official poll card (to be sent to an elector voting in person); and

I10d

the form of official proxy poll card (to be sent to an appointed proxy voting in person),

substitute the corresponding form set out in Part 2 of Schedule 4 to these Regulations.

Amendment of the Greater London Authority Elections Rules 2007 I7I115

I71

The Greater London Authority Elections Rules 200711 are amended as follows.

I72

Schedule 1 (the constituency members election rules) is amended in accordance with paragraphs (3) to (7).

I73

In rule 6 (nomination of candidates), for paragraph (3) substitute—

3

If a candidate—

a

commonly uses a surname that is different from any other surname the candidate has,

b

commonly uses a forename that is different from any other forename the candidate has, or

c

otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).

I74

In rule 7 (consent to nomination), in paragraph (2)(b)(iii), after “(offences)” insert “or section 30 of the Elections Act 2022 (disqualification orders)”.

I75

In rule 9 (decisions as to validity of nomination papers), in paragraph (2)—

a

omit the “or” after sub-paragraph (a);

b

after sub-paragraph (b) insert “or”;

c

after sub-paragraph (b) insert—

c

that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.

I76

In rule 10 (publication of statement of persons nominated), in paragraph (3)—

a

for “in addition to another name” substitute “in accordance with rule 6(3)”;

b

for “any other name” substitute “the other surname or forename”.

I117

In rule 36 (questions to be put to voters)—

a

in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

b

in the table following paragraph (1)—

i

in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

c

Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

d

If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

e

If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

f

If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

ii

omit entry 4;

c

in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

I78

Schedule 2 (the London members election rules) is amended in accordance with paragraphs (9) to (13).

I79

In rule 8 (nomination papers: general provisions) for paragraph (2) substitute—

2

If an individual candidate or a candidate included on a party list—

a

commonly uses a surname that is different from any other surname the candidate has,

b

commonly uses a forename that is different from any other forename the candidate has, or

c

otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with rule 6(2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with rule 6(2)(a).

I710

In rule 9 (consent to nomination), in paragraph (2)(c)(iii), after “(offences)” insert “or section 30 of the Elections Act 2022 (disqualification orders)”.

I711

In rule 11 (decisions as to validity of nomination papers), in paragraph (4), after “by law”, insert “or that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate”.

I712

In rule 12 (publication of statement of persons nominated), in paragraph (2)—

a

for “in addition to another name” substitute “in accordance with rule 8(2)”;

b

for “any other name” substitute “the other surname or forename”.

I1113

In rule 37 (questions to be put to voters)—

a

in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

b

in the table following paragraph (1)—

i

in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

c

Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

d

If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

e

If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

f

If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

ii

omit entry 4;

c

in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

I714

Schedule 3 (the mayoral election rules) is amended in accordance with paragraphs (15) to (19).

I715

In rule 6 (nomination of candidates), for paragraph (3) substitute—

3

If a candidate—

a

commonly uses a surname that is different from any other surname the candidate has,

b

commonly uses a forename that is different from any other forename the candidate has, or

c

otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).

I716

In rule 8 (consent to nomination), in paragraph (2)(b)(iii), after “(offences)” insert “or section 30 of the Elections Act 2022 (disqualification orders)”.

I717

In rule 10 (decisions as to validity of nomination papers), in paragraph (2), after sub-paragraph (c) insert—

d

that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.

I718

In rule 11 (publication of statement of persons nominated), in paragraph (3)—

a

for “in addition to another name” substitute “in accordance with rule 6(3)”;

b

for “any other name” substitute “the other surname or forename”.

I1119

In rule 36 (questions to be put to voters)—

a

in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

b

in the table following paragraph (1)—

i

in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

c

Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

d

If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

e

If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

f

If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

ii

omit entry 4;

c

in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

I720

Schedule 5 (the constituency members election rules) is amended in accordance with paragraphs (21) to (25).

I721

In rule 6 (nomination of candidates), for paragraph (3) substitute—

3

If a candidate—

a

commonly uses a surname that is different from any other surname the candidate has,

b

commonly uses a forename that is different from any other forename the candidate has, or

c

otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).

I722

In rule 7 (consent to nomination), in paragraph (2)(b)(iii), after “(offences)” insert “or section 30 of the Elections Act 2022 (disqualification orders)”.

I723

In rule 9 (decisions as to validity of nomination papers), in paragraph (2)—

a

omit the “or” after sub-paragraph (a);

b

at the end of sub-paragraph (b) insert “or”;

c

after sub-paragraph (b) insert—

c

that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.

I724

In rule 10 (publication of statement of persons nominated), in paragraph (3)—

a

for “in addition to another name” substitute “in accordance with rule 6(3)”;

b

for “any other name” substitute “the other surname or forename”.

I1125

In rule 36 (questions to be put to voters)—

a

in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

b

in the table following paragraph (1)—

i

in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

c

Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

d

If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

e

If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

f

If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

ii

omit entry 4;

c

in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

I726

Schedule 6 (the London members election rules) is amended in accordance with paragraphs (27) to (31).

I727

In rule 8 (nomination papers: general provisions), for paragraph (2) substitute—

2

If an individual candidate or candidate included on a party list—

a

commonly uses a surname that is different from any other surname the candidate has,

b

commonly uses a forename that is different from any other forename the candidate has, or

c

otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with rule 6(2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with rule 6(2)(a).

I728

In rule 9 (consent to nomination), in paragraph (2)(c)(iii), after “(offences)” insert “or section 30 of the Elections Act 2022 (disqualification orders)”.

I729

In rule 11 (decisions as to validity of nomination papers), in paragraph (4), after “by law” insert “or that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate”.

I730

In rule 12 (publication of statement of persons nominated), in paragraph (2)—

a

for “in addition to another name” substitute “in accordance with rule 8(2)”;

b

for “any other name” substitute “the other surname or forename”.

I1131

In rule 37 (questions to be put to voters)—

a

in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

b

in the table following paragraph (1)—

i

in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

c

Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

d

If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

e

If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

f

If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

ii

omit entry 4;

c

in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

I732

Schedule 7 (the mayoral election rules) is amended in accordance with paragraphs (33) to (37).

I733

In rule 6 (nomination of candidates), for paragraph (3) substitute—

3

If a candidate—

a

commonly uses a surname that is different from any other surname the candidate has,

b

commonly uses a forename that is different from any other forename the candidate has, or

c

otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).

I734

In rule 8 (consent to nomination), in paragraph (2)(b)(iii), after “(offences)” insert “or section 30 of the Elections Act 2022 (disqualification orders)”.

I735

In rule 10 (decisions as to validity of nomination papers), in paragraph (2)—

a

omit the “and” after sub-paragraph (b);

b

after sub-paragraph (c) insert—

d

that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.

I736

In rule 11 (publication of statement of persons nominated), in paragraph (3)—

a

for “in addition to another name” substitute “in accordance with rule 6(3)”;

b

for “any other name” substitute “the other surname or forename”.

I1137

In rule 36 (questions to be put to voters)—

a

in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

b

in the table following paragraph (1)—

i

in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

c

Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

d

If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

e

If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

f

If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

ii

omit entry 4;

c

in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

38

In Schedule 10 (Schedule of forms) for—

I7a

Form 1 (Nomination paper (constituency and individual London member candidates));

I7b

Form 2 (Nomination paper (London member party list candidates));

I7c

Form 3 (Nomination paper (Mayor of London candidates));

I7d

Form 4 (candidate’s consent to nomination);

I11e

Form 12 (official poll card); and

I11f

Form 14 (official proxy poll card),

substitute the corresponding form set out in Schedule 5 to these Regulations.

Amendment of the Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) Regulations 2012 I86

In regulation 10 of the Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) Regulations 2012 (filling of casual vacancies: supplementary)12, in paragraph (1), after sub-paragraph (c) insert—

ca

in the case of disqualification by virtue of an order under section 30 of the Elections Act 2022 (disqualification orders), on the date the office is vacated in accordance with section 31 of that Act (vacation of office etc);

Annotations:
Commencement Information
I8

Reg. 6 in force at 1.11.2023, see reg. 1(3)

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Lee RowleyParliamentary Under Secretary of StateDepartment for Levelling Up, Housing and Communities