Statutory Instruments

2024 No. 131

Local Government, England

The Combined Authorities (Mayoral Elections) Order 2017 (Amendment) Regulations 2024

Made

6th February 2024

Coming into force in accordance with regulation 1(2) and (3)

The Secretary of State makes the following Regulations, in exercise of the powers conferred by section 114 of and paragraph 12 of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009(1) (“the 2009 Act”), paragraph 13(1) of Schedule 8 to the Elections Act 2022(2) and sections 27 and 252(1)(c) and (2) of and paragraph 12 of Schedule 2 to the Levelling-up and Regeneration Act 2023(3) (“the 2023 Act”).

The Secretary of State has consulted the Electoral Commission in accordance with paragraph 12(4) of Schedule 5B to the 2009 Act and paragraph 12(4) of Schedule 2 to the 2023 Act.

The Secretary of State considers it expedient to exercise the power in paragraph 12(1) and (2)(c) of Schedule 5B to the 2009 Act to make provision about the limitation of election expenses in relation to combined authority mayoral elections in consequence of changes in the value of money.

In accordance with paragraph 12(5) of Schedule 2 to the 2023 Act, the provisions of these Regulations which relate to the limitation of election expenses by combined county authority mayoral candidates (and the creation of criminal offences in connection with the limitation of such expenses) are made in accordance with a recommendation of the Electoral Commission.

A draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament in accordance with section 117(2) of the 2009 Act and section 252(4) of the 2023 Act.

PART 1Introduction

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Combined Authorities (Mayoral Elections) Order 2017 (Amendment) Regulations 2024.

(2) Regulation 9 comes into force on 1st July 2024.

(3) The remainder of these Regulations come into force on the day after the day on which they are made.

(4) This Part and Part 3 extend to England and Wales and Scotland.

(5) Parts 2, 4 and 5 extend to England and Wales.

PART 2Amendment of the Combined Authorities (Mayoral Elections) Order 2017

Amendment of the Combined Authorities (Mayoral Elections) Order 2017

2. The Combined Authorities (Mayoral Elections) Order 2017(4) is amended in accordance with this Part.

Article 2 (interpretation)

3. In article 2 (interpretation)—

(a)in the appropriate places insert—

““the 2023 Act” means the Levelling-up and Regeneration Act 2023;”;

““CA/CCA returning officer” means the combined authority returning officer or, as the case may be, the combined county authority returning officer;”;

““combined county authority mayor”, in relation to the area of a combined county authority, means the mayor for the area of the authority by virtue of regulations made under section 27(1) of the 2023 Act;”

““combined county authority mayoral election” means an election for the return of a combined county authority mayor;”;

““combined county authority returning officer” means—

(a)

the person appointed under article 6A, or

(b)

any person appointed under section 35(4) of the 1983 Act(5) by a person of a description mentioned in paragraph (a);”;

““election” or “CA/CCA mayoral election” means an election for the return of a combined authority mayor or, as the case may be, a combined county authority mayor;”;

(b)in the definition of “Combined Authority Mayoral Election Rules” omit “Combined Authority”;

(c)in the definition of “candidate”, after “combined authority mayor” insert “or, as the case may be, a combined county authority mayor”;

(d)for the definition of “combined authority mayoral election” substitute—

““combined authority mayoral election” means an election for the return of a combined authority mayor;”;

(e)for the definition of “constituent council” substitute—

““constituent council” means—

(a)

in relation to the area of a combined authority—

(i)

a county council the whole or any part of whose area is within the area of the combined authority, or

(ii)

a district council whose area is within the area of the combined authority;

(b)

in relation to the area of a combined county authority—

(i)

a county council for an area within the combined county authority’s area, or

(ii)

a unitary district council for an area within the combined county authority’s area;”;

(f)in the definition of “electoral area” after “combined authority” insert “or combined county authority”;

(g)in the definition of “relevant election or referendum”—

(i)omit paragraph (e),

(ii)in the closing words, omit “combined authority”;

(h)in the definition of “returning officer” for “combined authority” substitute “CA/CCA”.

Article 3 (conduct of combined authority mayoral elections)

4. In article 3 (conduct of combined authority mayoral elections), in the heading and in paragraphs (1), (2) and (4), for “combined authority” in each place where those words occur substitute “CA/CCA”.

Article 4 (combination of polls)

5. In article 4 (combination of polls), in paragraph (1) for “combined authority” in both places where those words occur substitute “CA/CCA”.

New article 6A

6. After article 6 (combined authority returning officer), insert—

“Combined county authority returning officer

6A.—(1) The combined county authority must appoint one of its officers, or one of the officers of a constituent council, to be the combined county authority returning officer in relation to the election.

(2) The combined county authority returning officer may give, to a returning officer, directions relating to the discharge of the returning officer’s functions at the election, including directions requiring the provision to the combined county authority returning officer of any information which the returning officer has or is entitled to have, directions requiring the returning officer to take specified steps in preparation for the election, directions that the ballot papers must be printed by the combined county authority returning officer and directions that the count of votes must be conducted at a central location.

(3) It is the duty of a returning officer to whom directions are given under paragraph (2) to discharge the returning officer’s functions at the election in accordance with the directions.”.

Article 7 (questioning of combined authority mayoral election)

7. In article 7 (questioning of combined authority mayoral election)—

(a)in the heading, for “combined authority” substitute “a CA/CCA”;

(b)after “2009 Act” insert “and paragraph 12(7) of Schedule 2 to the 2023 Act”;

(c)for “an election for the return of a combined authority mayor” substitute “a CA/CCA mayoral election”.

Article 8 (free delivery of election addresses)

8. In article 8 (free delivery of election addresses)—

(a)in paragraph (1), for “combined authority” in both places where those words occur substitute “CA/CCA”;

(b)in paragraph (2), at the end, insert “or, as the case may be, combined county authority”.

New article 9

9. After article 8 insert—

“Application of the Order prior to the establishment of a particular combined authority

9.—(1) Prior to the establishment of a combined authority under section 103 of the 2009 Act(6)—

(a)references in this Order to “the combined authority” are to be read as references to “the proposed combined authority”, and references to “the combined authority mayor”, “the combined authority mayoral election” and “the combined authority area” are to be construed accordingly;

(b)article 6(1) is to be read as if for paragraph (1) there were substituted—

“(1) The constituent councils of the proposed combined authority may appoint one of the officers of a constituent council, to be the combined authority returning officer in relation to the election.”;

(c)any expenses met by the constituent councils of the proposed combined authority in accordance with article 8(2) (as modified by sub-paragraph (a)) must be reimbursed by the combined authority after it has been established;

(d)in Schedule 2, paragraph 1(6)(b) is to be read as if for the modification of the RPA 1983 that inserted subsection (4C) there were substituted—

“(4C) All expenditure properly incurred by a returning officer or a combined authority returning officer in relation to the holding of a combined authority mayoral election before the combined authority has been established may in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the constituent councils of the proposed combined authority, exceed that scale, be paid by those constituent councils, and if so, the combined authority must, once it has been established, reimburse those constituent councils.”.

(2) If the combined authority returning officer appointed in accordance with article 6(1) as modified by paragraph (1)(b) is unable to act after the combined authority is established, a new combined authority returning officer must be appointed in accordance with article 6(1) in unmodified form.”.

New article 10

10. After the inserted article 9 insert—

“Application of the Order prior to the establishment of a particular combined county authority

10.—(1) Prior to the establishment of a combined county authority under section 9 of the 2023 Act—

(a)references in this Order to “the combined county authority” are to be read as references to “the proposed combined county authority”, and references to “the combined county authority mayor”, “the combined county authority mayoral election” and “the combined county authority area” are to be construed accordingly;

(b)article 6A should be read as if for paragraph (1) there were substituted—

“(1) The constituent councils of the proposed combined county authority may appoint one of the officers of a constituent council to be the combined county authority returning officer in relation to the election.”;

(c)any expenses met by the constituent councils of the proposed combined county authority in accordance with article 8(2) (as modified by sub-paragraph (a)) must be reimbursed by the combined county authority after it has been established;

(d)in Schedule 2, paragraph 1(6)(b) is to be read as if for the modification of the RPA 1983 that inserted subsection (4D) there were substituted—

“(4D) All expenditure properly incurred by a returning officer or a combined county authority returning officer in relation to the holding of a combined county authority mayoral election before the combined county authority has been established may in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the constituent councils of the proposed combined county authority, exceed that scale, be paid by those constituent councils, and if so, the combined county authority must, once it has been established, reimburse those constituent councils.”.

(2) If the combined county authority returning officer appointed in accordance with article 6A(1) as modified by paragraph (1)(b) is unable to act after the combined county authority is established, a new combined county authority returning officer must be appointed in accordance with article 6A(1) in unmodified form.”.

Schedule 1 (the Combined Authority Mayoral Elections Rules)

11.—(1) Schedule 1 (the combined authority mayoral elections rules) is amended as follows.

(2) In the heading, omit “Combined Authority”.

(3) In the contents list, in the entry for rule 57, for “Combined authority” substitute “CA/CCA”;

(4) In rule 1 (citation), omit “Combined Authority”.

(5) In the following provisions for “combined authority” substitute “CA/CCA”—

(a)in rule 5 (Notice of Election and provision of information to calculate election expense limits), in paragraphs (1) and (5);

(b)in rule 6 (nomination of candidates), in paragraph (2);

(c)in rule 7 (nomination papers: name of registered political party) in paragraphs (1)(b) and (3)(b).

(6) In rule 8 (subscription of nomination paper)—

(a)in paragraph (6) for “combined authority” in both places where those words occur substitute “CA/CCA”;

(b)in paragraph (7)—

(i)in the definition of “elector”, for “combined authority” substitute “CA/CCA”;

(ii)for the definition of “relevant constituent council” substitute—

““relevant constituent council”—

(a)

in relation to a combined authority, means a district council which is a constituent council, or in the case of an area for which there is no district council, the county council, and

(b)

in relation to a combined county authority, means a constituent council.”.

(7) In rule 9 (consent to nomination) in paragraph (1)—

(a)in sub-paragraph (b) at the beginning insert “where the election is a combined authority mayoral election,”;

(b)after sub-paragraph (b) insert—

“(ba)where the election is a combined county authority mayoral election, is in the appropriate form in the Appendix or a form to the like effect and includes a copy of paragraphs 8 and 9 of Schedule 2 to the 2023 Act, section 34 of the Localism Act 2011(7), section 30 of the Elections Act 2022 and, where the combined county authority mayor is to exercise functions of a police and crime commissioner in accordance with regulations made under Schedule 3 to the 2023 Act, sections 64 to 68 of the Police Reform and Social Responsibility Act 2011(8),”.

(8) In rule 10 (deposits) for “combined authority” in each place where those words occur substitute “CA/CCA”.

(9) In rule 11 (place for delivery of nomination papers and right to attend nomination)—

(a)in paragraph (1)—

(i)for “combined area” substitute “CA/CCA”;

(ii)after “authority” insert “or, as the case may be, combined county authority,”;

(b)in paragraphs (2) and (8), for “combined authority” in each place where those words occur, substitute “CA/CCA”.

(10) In the following provisions for “combined authority” in each place where those words occur substitute “CA/CCA”—

(a)rule 12 (decisions as to validity of nomination papers and home address forms);

(b)rule 13 (publication of statement of persons nominated);

(c)rule 14 (correction of minor errors);

(d)rule 15 (withdrawal of candidature).

(11) In rule 20 (the official mark), in paragraph (2), at the end insert “or, as the case may be, combined county authority”.

(12) In rule 23 (notice of poll), in paragraph (1), for “combined authority” substitute “CA/CCA”.

(13) In rule 27 (issue of official poll cards), in paragraph (3)—

(a)in sub-paragraph (a), after “authority” insert “or combined county authority”;

(b)in sub-paragraph (b), after “election” insert “or, as the case may be, combined county authority mayoral election,”.

(14) In rule 28 (equipment of polling stations)—

(a)in paragraph (6)—

(i)in the opening words, for “combined authority” substitute “CA/CCA”;

(ii)in sub-paragraph (b), at the beginning insert “where the election is a combined authority mayoral election”;

(iii)after sub-paragraph (b) insert—

“(ba)where the election is a combined county authority mayoral election, the following notice which must be exhibited in every compartment of every polling station—

*[Specify name of combined county authority] COMBINED COUNTY AUTHORITY MAYORAL ELECTION

Vote for ONLY ONE CANDIDATE by putting a cross [x] in the box next to your choice.

PUT NO OTHER MARK ON THE BALLOT PAPER OR YOUR VOTE MAY NOT COUNT.

*Complete as necessary.;

(b)in paragraph (7), for “combined authority” in both places where those words occur, substitute “CA/CCA”.

(15) In rule 29 (appointment of polling and counting agents), in paragraph (8) for “(5)” substitute “(7)”.

(16) In rule 32 (admission to polling station)—

(a)in paragraph (1)(h), for “combined authority” in both places where those words occur substitute “CA/CCA”;

(b)in paragraph (4), for “combined authority” in both places where those words occur substitute “CA/CCA”.

(17) In rule 35 (questions to be put to voters), in paragraph (1), in the Table, in the first and second entries in the third column (question), in question (b), after “mayor” insert “or a combined county authority mayor”.

(18) In rule 37 (voting procedure), in paragraph (1I)(b)(i) omit “constituent”.

(19) In rule 41 (tendered ballot papers – general provisions), in paragraph (5)(b), after “relating” insert “to”.

(20) In rule 41B (collection and disclosure of information relating to applications made under rules 37 to 40)(9), in paragraph (11)(b) omit “constituent”.

(21) In rule 46 (attendance at verification)—

(a)in paragraph (3)—

(i)in sub-paragraph (f), for “combined authority” in both places where those words occur, substitute “CA/CCA”;

(ii)in the closing words, for “papers” substitute “paper accounts”;

(b)in paragraph (4)—

(i)in the opening words, for “papers” substitute “paper accounts”;

(ii)in sub-paragraph (a) for “counting of the votes” substitute “conduct of those proceedings”.

(22) In rule 47 (procedure at verification of ballot paper accounts)—

(a)in paragraph (6)—

(i)for “combined authority” substitute “CA/CCA”;

(ii)omit “this” the second place it occurs;

(b)in paragraph (8), for “combined authority” substitute “CA/CCA”.

(23) In the following provisions for “combined authority” in each place where those words occur substitute “CA/CCA”—

(a)rule 48 (additional steps: verification and count carried out at different places), in paragraphs (3) to (5);

(b)rule 49 (attendance at the count), in paragraph (2);

(c)rule 51 (rejected ballot papers), in paragraph (6);

(d)rule 54 (procedure at conclusion of count), in paragraph (2)(b);

(e)rule 57 (combined authority returning officer’s re-count), including in the heading.

(24) In rule 59 (returning officer’s final statement, central calculation and declaration of result)—

(a)in paragraphs (1) to (9), for “combined authority” in each place where those words occur substitute “CA/CCA”;

(b)in paragraph (11), in the closing words—

(i)for “combined authority” in the first place where those words occur substitute “CA/CCA”;

(ii)after “mayor” insert “or, as the case may be, combined county authority mayor”;

(c)in paragraphs (12), (15) and (16), for “combined authority” substitute “CA/CCA”;

(d)in paragraph (17)—

(i)for “combined authority” in the first place where those words occur substitute “CA/CCA”;

(ii)after “combined authority” in the second place where those words occur insert “or, as the case may be, combined county authority,”.

(25) In rule 60 (return or forfeiture of candidate’s deposit)—

(a)in paragraphs (3)(a) and (4), for “combined authority” substitute “CA/CCA”;

(b)in paragraph (5), after “authority” insert “or, as the case may be, combined county authority”.

(26) In rule 61 (sealing up of ballot papers), in paragraph (1) omit “, including ballot papers rejected in part”.

(27) In rule 62 (delivery and retention of documents), for “constituent authority” substitute “council”.

(28) In rule 63 (orders for production of documents), in paragraph (1)(a), omit “, including ballot papers rejected in part,”.

(29) In rule 64A (destruction of home address forms), for “combined authority” substitute “CA/CCA”.

(30) In rule 65 (countermand or abandonment of poll on death of a candidate), in paragraph (1), for “combined authority” in both places where those words occur substitute “CA/CCA”.

(31) In the Appendix of forms—

(a)in the Notes preceding the list of forms—

(i)omit “Combined Authority”;

(ii)at the end insert—

“Where the forms are to be used in relation to a combined county authority mayoral election, rather than a combined authority mayoral election—

(a)for “combined authority” in each place where those words occur in a form substitute “combined county authority”;

(b)in Form 2 (form of candidate’s consent to nomination)—

(i)for “paragraph 9 or 9A of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009” in each place where those words occur substitute “paragraph 8 or 9 of Schedule 2 to the Levelling-up and Regeneration Act 2023”;

(ii)for “paragraph 9A of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009” substitute “paragraph 9 of Schedule 2 to the Levelling-up and Regeneration Act 2023”;”;

(b)in Form 2 (form of candidate’s consent to nomination) for “Section 9A” substitute “paragraph 9A”;

(c)for Form 13 (certificate of employment) substitute Form 13 set out in Part 1 of the Schedule to these Regulations.

Schedule 2 (modifications of Acts and statutory instruments)

12.—(1) Schedule 2 (modifications of Acts and statutory instruments) is amended as follows.

(2) In paragraph 1 (the Representation of the People Act 1983)—

(a)in sub-paragraphs (1) to (3) for “combined authority” in each places those words occur substitute “CA/CCA”;

(b)in sub-paragraph (4) in the modified subsection (1) for “combined authority” substitute “CA/CCA”;

(c)in sub-paragraph (5)—

(i)in the inserted paragraph 2D, after “council” in the first place it occurs, insert “of a combined authority”;

(ii)after the inserted paragraph 2F insert—

“(2FA) Where, in relation to an area within the area of the combined county authority, there is a unitary county council or a unitary district council, that council must appoint an officer of the council to be the returning officer for the election of a combined county authority mayor.

(2FB) Where, in relation to an area within the area of the combined county authority, there is both a district council and a county council, the district council must appoint an officer of the council to be the returning officer for the election of a combined county authority mayor.”;

(d)in sub-paragraph (6)—

(i)in paragraph (a), at the end insert “or combined county authority mayor”;

(ii)in paragraph (b), after the inserted subsection (4C) insert—

“(4D) All expenditure properly incurred by a returning officer or a combined county authority returning officer in relation to the holding of a combined county authority mayoral election must, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the combined county authority, exceed that scale, be paid by the combined county authority.”;

(iii)in paragraph (c), in the modified subsection (6B)—

(aa)for “combined authority” in the first place where those words occur substitute “CA/CCA”;

(bb)at the end, insert “or to the combined county authority, as the case may be”;

(e)in sub-paragraph (7)—

(i)in paragraphs (a) and (b), for “combined authority” substitute “CA/CCA”;

(ii)for paragraph (c), substitute—

“(c)in subsection (5) for paragraph (a) there were substituted—

“(a)rules under—

(i)section 36 or section 36A above,

(ii)in the case of a combined authority mayoral election, an order under paragraph 12 of Schedule 5B to the 2009 Act, or

(iii)in the case of a combined county authority mayoral election, regulations made under paragraph 12 of Schedule 2 to the 2023 Act,

relating to the notice to be given of an election and the manner in which an election is to be conducted apply in relation to the election so ordered to be held as they applied or would have applied in relation to the election which has not been duly held or has failed or become void;”;”;

(iii)in paragraph (d)(i), after “Schedule 5B to that Act)” insert “or Chapter 1 of Part 2 of the 2023 Act (and the regulations made under paragraph 12 of Schedule 2 to that Act)”;

(f)in sub-paragraph (8)—

(i)in paragraph (a), after “2009 Act” insert “or regulations made under paragraph 3 or paragraph 12 of Schedule 2 to the 2023 Act”,

(ii)in paragraph (b), after “2009 Act” insert “and (in the case of a combined county authority mayoral election) paragraph 2 or regulations made under paragraph 3 or paragraph 12 of Schedule 2 to the 2023 Act”,

(iii)in paragraph (c)(i), after “Act” insert “or an order under paragraph 3 or paragraph 12 of Schedule 2 to the 2023 Act”;

(g)in sub-paragraph (10)(b), after “2009 Act” insert “or Chapter 1 of Part 2 of the 2023 Act”;

(h)in sub-paragraph (11), after “Act” insert “or regulations made under paragraph 12 of Schedule 2 to the 2023 Act”;

(i)in sub-paragraph (12)(a)—

(i)for “combined authority” substitute “CA/CCA”;

(ii)after “Act” in the second place it occurs insert “or regulations under paragraph 12 of Schedule 2 to the 2023 Act”;

(j)in sub-paragraphs (13) and (14) for “combined authority” substitute “CA/CCA”;

(k)in sub-paragraph (14A)—

(i)in paragraph (a)—

(aa)for the modified subsection (5A), substitute—

“(5A) Where this subsection applies, a report prepared in accordance with subsection (4) must also include the effect—

(a)in the case of a combined authority, of the combined authority mayoral election corresponding requirements on applications made under the provisions of rules made under paragraph 12 of Schedule 5B to the 2009 Act,

(b)in the case of a combined county authority, of the combined county authority mayoral election corresponding requirements on applications made under the provisions of rules made under paragraph 12 of Schedule 2 to the 2023 Act,

corresponding to rules 37(1), 38(1), 39(1) and 40(1) of the parliamentary elections rules.”,

(bb)in the modified subsection (5B), for “combined authority” substitute “CA/CCA”;

(cc)for the modified subsection (5C), substitute—

“(5C) In subsection (5A)—

(a)“combined authority mayoral election corresponding requirements” means the requirements corresponding to the voter identification requirements that have effect in relation to combined authority mayoral elections by virtue of rules made under paragraph 12 of Schedule 5B to the 2009 Act;

(b)“combined county authority mayoral election corresponding requirements” means the requirement corresponding to the voter identification requirements that have effect in relation to combined county authority mayoral elections by virtue of rules made under paragraph 12 of Schedule 2 to the 2023 Act.”;

(ii)in paragraph (b), for the modified paragraph (c) in subsection (6) substitute—

“(c)in the case of a report under subsection (4) to which subsection (5A) applies, information provided to the Secretary of State under any provision of rules—

(i)in relation to combined authorities, made under paragraph 12 of Schedule 5B to the 2009 Act,

(ii)in relation to combined county authorities, made under paragraph 12 of Schedule 2 to the 2023 Act,

corresponding to rule 40B of the parliamentary elections rules.”;

(l)in sub-paragraph (15)—

(i)in paragraphs (a) and (b), in the modified subsections (2B) and (3AA), for “combined authority” substitute “CA/CCA”;

(ii)in paragraph (c), omit “Combined Authority”;

(m)in sub-paragraph (16), in the modified paragraph (ab), omit “Combined Authority”;

(n)in sub-paragraph (17)—

(i)in paragraph (a), after “2009 Act,” insert “or, in the case of a combined county authority mayoral election, such of the provisions of this Act as are applied by regulations made under paragraph 12 of Schedule 2 to the 2023 Act,”;

(ii)in paragraph (b), for “combined authority” substitute “CA/CCA”;

(iii)in paragraph (c), in the modified paragraph (c), for “combined authority” substitute “CA/CCA”;

(o)in sub-paragraph (18)(a), for “combined authority” substitute “CA/CCA”;

(p)in sub-paragraph (19), after the modified paragraph (c) insert—

“(d)of an election agent for a combined county authority mayoral election must be within the combined county authority area for which the election of the combined county authority mayor is held, and that of a sub-agent must be in the area within which that sub-agent is appointed to act”;

(q)in sub-paragraph (20)—

(i)in paragraph (a), for “combined authority” substitute “CA/CCA”;

(ii)in paragraph (b), in the modified subsection (7A), omit “Combined Authority”;

(r)in sub-paragraph (21), in the inserted modified subsection (2)—

(i)for “£2,362” substitute “£3,040”,

(ii)for “5.9p” substitute “8p”;

(s)in sub-paragraph (23)—

(i)in paragraph (a), for “combined county” substitute “CA/CCA”;

(ii)in paragraph (b), after “mayor” insert “or, as the case may be, the combined county authority mayor”;

(t)in sub-paragraph (24), for “combined authority” substitute “CA/CCA”;

(u)in sub-paragraph (25)—

(i)in paragraph (a) after “Act” insert “, or regulations made under paragraph 12 of Schedule 2 to the 2023 Act”;

(ii)in paragraph (b), after “order” insert “or regulations”;

(v)in each of sub-paragraphs (26) and (27), after “Act” each time that word occurs, insert “, or regulations made under paragraph 12 of Schedule 2 to the 2023 Act”;

(w)in sub-paragraph (28), after “Act” insert “, or regulations made under paragraph 12 of Schedule 2 to the 2023 Act”;

(x)in sub-paragraph (29)—

(i)for “or” substitute “,”;

(ii)after “2009 Act” insert “or at an election for a combined county authority mayor under the 2023 Act”;

(y)in sub-paragraph (30), after the inserted paragraph (ba) insert—

“(bb)in the case of an election for a combined county authority mayor under the 2023 Act, must have printed at the top of the list of candidates the words “Vote (x) for one candidate only”.”;

(z)in sub-paragraph (31)—

(i)in paragraph (a), after the inserted definition of “the 2009 Act” insert—

““the 2023 Act” means the Levelling-up and Regeneration Act 2023;”;

(ii)in paragraph (b), after the inserted definition of the “combined authority returning officer” insert—

““CA/CCA mayoral election” means a combined authority mayoral election or, as the case may be, a combined county authority mayoral election;

“combined county authority” means an authority established under section 9 of the 2023 Act;

“combined county authority mayoral election” means the election of a mayor for a combined county authority under Chapter 1 of Part 2 of the 2023 Act;

“combined county authority returning officer” has the same meaning as in article 2 of the Combined Authorities (Mayoral Elections) Order 2017;”;

(iii)in paragraph (c), after inserted sub-paragraph (d) insert—

“(e)the combined county authority area for which the election of a combined county authority mayor is held under the 2023 Act;”;

(iv)in paragraph (d), in the inserted paragraph (c), for “combined authority” substitute “CA/CCA”;

(v)in paragraph (e), for “combined authority” substitute “CA/CCA”.

(3) In paragraph 2 (Representation of the People Act 1985) for “combined authority” in both places where those words occur substitute “CA/CCA”.

(4) In paragraph 3 (Representation of the People Act 2000)—

(a)in sub-paragraph (1), for “combined authority” substitute “CA/CCA”;

(b)in sub-paragraph (1A)—

(i)for paragraphs (a) and (b) substitute—

“(a)in subsections (2) and (7)(a), for “Representation of the People Acts” in both places where those words occur, there were substituted—

(i)“Local Democracy, Economic Development and Construction Act 2009” in the case of a combined authority mayoral election, and

(ii)“Levelling-up and Regeneration Act 2023” in the case of a combined county authority mayoral election;”;

(ii)in paragraph (c), after the inserted sub-paragraph (iii) insert—

“(iv)a combined county authority established by regulations made under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023”;

(c)in sub-paragraph (1B)—

(i)in paragraphs (a) and (b), after “area”, in the second place it occurs, insert “or, as the case may be, combined county authority area”;

(ii)in paragraph (c), after “elections)” insert “or regulations made under paragraph 12 of Schedule 2 to the Levelling-up and Regeneration Act 2023 (mayors for combined county authority areas: further provision about elections)”;

(d)in sub-paragraph (2)—

(i)in paragraph (a)—

(aa)in sub-paragraph (i) in the inserted paragraph (c) for “combined authority mayoral election, the Combined Authority” substitute “CA/CCA mayoral election, the”

(bb)for sub-paragraph (ii) substitute—

“(ii)after that definition, there were inserted the following definitions—

“CA/CCA mayoral election” means a combined authority mayoral election or, as the case may be combined county authority mayoral election;

“combined authority mayoral election” means an election of a mayor for a combined authority in accordance with Part 6 of the Local Democracy, Economic Development and Construction Act 2009;

“combined county authority mayoral election” means an election for a mayor for a combined county authority in accordance with Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023;”;

(cc)in sub-paragraph (iii), for “combined authority” substitute “CA/CCA”;

(ii)in paragraphs (b) and (c) omit “Combined Authority”.

(5) In paragraph 4 (the Political Parties, Elections and Referendums Act 2000)—

(a)in sub-paragraph (1), for “combined authority” substitute “CA/CCA”;

(b)in sub-paragraph (2)—

(i)in paragraph (a), after the inserted sub-paragraph (2A) insert—

“(2B) “Combined county authority” means a combined county authority established by regulations made under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023.”;

(ii)in each of paragraphs (b) and (c), after “combined authority” insert “or, as the case may be, a combined county authority”;

(iii)in paragraph (d), after the inserted paragraph (d) insert—

“(e)if the holder of a relevant elective office is a mayor of a combined county authority, the combined county authority of which that person is the mayor.”;

(c)in sub-paragraph (3)—

(i)in paragraph (a), after the inserted sub-paragraph (2A) insert—

“(2B) “Combined county authority” means a combined county authority established by regulations made under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023.”;

(ii)in paragraph (b), after the inserted paragraph (d) insert—

“(e)if the holder of a relevant elective office is a mayor of a combined county authority, the combined county authority of which he is the mayor.”.

(6) In paragraph 5 (the Representation of the People (England and Wales) Regulations 2001)—

(a)in sub-paragraph (1), for “combined authority” insert “CA/CCA”;

(b)in sub-paragraph (2)—

(i)in paragraph (a), in the inserted sub-paragraph (c), after “authority” insert “or a combined county authority”;

(ii)in paragraph (b), in the inserted paragraph (5), after “2009” insert “and an election for a mayor for a combined county authority under regulations made under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023”;

(c)in sub-paragraph (4), in the inserted definition of “candidate”, after “2009” insert “and a candidate at a combined county authority mayoral election under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023”;

(d)in sub-paragraph (6), for “combined authority” substitute “CA/CCA”;

(e)in sub-paragraph (6A), omit “Combined Authority”;

(f)in sub-paragraph (7)—

(i)in paragraph (a), after the inserted sub-paragraph (h) insert—

“(i)the mayor for the area of a combined county authority by virtue of regulations made under section 27(1) of the Levelling-up and Regeneration Act 2023 where the registration area falls wholly or partly within the area of the combined county authority”;

(ii)in paragraph (b), after the inserted sub-paragraph (h) insert—

“(i)in the case of a mayor falling within paragraph (1)(i) above, is so much of them as relates to any part of the area of the combined county authority for which that mayor is elected as falls within the registration area.”.

(7) In paragraph 6 (the Electoral Administration Act 2006)—

(a)in sub-paragraph (1), for “combined authority” substitute “CA/CCA”;

(b)in sub-paragraph (2)—

(i)in paragraph (a), after “combined authority” insert “or, as the case may be “combined county authority”;

(ii)in paragraph (b), after “combined authority’s” insert “or, as the case may be “combined county authority’s”;

(c)in sub-paragraph (4), after the inserted paragraph (g) insert—

“(h)elections for mayors for combined county authorities under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023”.

Schedule 3 (combined authority mayoral election (combination of polls) rules)

13.—(1) Schedule 3 (combined authority mayoral election (combination of polls) rules) is amended as follows.

(2) In the heading, omit “Combined Authority”.

(3) In the contents list, in the entry for rule 57, for “Combined authority” substitute “CA/CCA”.

(4) In rule 1 (citation), omit “Combined Authority”.

(5) In the following provisions, for “combined authority” substitute “CA/CCA”—

(a)rule 2 (interpretation) in paragraph (4);

(b)rule 5 (notice of election and provision of information to calculate election expense limits), in paragraphs (1) and (5);

(c)rule 6 (nomination of candidates), in paragraph (2);

(d)rule 7 (nomination papers: name of registered political party), in paragraphs (1)(b) and (3)(b).

(6) In rule 8 (subscription of nomination paper)—

(a)in paragraph (6), for “combined authority” in both places where those words occur, substitute “CA/CCA”;

(b)in paragraph (7)—

(i)in the definition of “elector”, for “combined authority” substitute “CA/CCA”;

(ii)for the definition of “relevant constituent council” substitute—

““relevant constituent council”—

(a)

in relation to a combined authority, means a district council which is a constituent council, or in the case of an area for which there is no district council, the county council, and

(b)

in relation to a combined county authority, means a constituent council.”.

(7) In rule 9 (consent to nomination)—

(a)in paragraph (1)(b) at the beginning insert “where the election is a combined authority mayoral election,”;

(b)after paragraph (1)(b) insert—

“(ba)where the election is a combined county authority mayoral election, is in the appropriate form in the Appendix or a form to the like effect and includes a copy of paragraphs 8 and 9 of Schedule 2 to the 2023 Act, section 34 of the Localism Act 2011, section 30 of the Elections Act 2022 and, where the combined county authority mayor is to exercise functions of a police and crime commissioner in accordance with regulations made under Schedule 3 to the 2023 Act, sections 64 to 68 of the Police Reform and Social Responsibility Act 2011,”.

(8) In rule 10 (deposits)—

(a)in paragraph (1), for “combined authority” substitute “CA/CCA”;

(b)in paragraph (2)—

(i)in sub-paragraph (c), after “with the” insert “CA/CCA”;

(ii)in the closing words, for “combined authority” in both places where those words occur substitute “CA/CCA”;

(c)in paragraph (3), for “combined authority” in both places where those words occur substitute “CA/CCA”.

(9) In rule 11 (place for delivery of nomination papers and right to attend nomination)—

(a)in paragraph (1)—

(i)for “combined area” substitute “CA/CCA”;

(ii)after “authority” insert “or, as the case may be, combined county authority,”;

(b)in paragraphs (2) and (8), for “combined authority” substitute “CA/CCA”.

(10) In rule 12 (decisions as to validity of nomination papers and home address forms) and rule 13 (publication of statement of persons nominated), for “combined authority” in each place where those words occur substitute “CA/CCA”.

(11) In rule 14 (correction of minor errors)—

(a)in paragraphs (1) and (3), for “combined authority” substitute “CA/CCA”;

(b)in paragraph (4) after “The” insert “CA/CCA”.

(12) In rule 15 (withdrawal of candidature), in paragraph (1)(b), for “combined authority” substitute “CA/CCA”.

(13) In rule 20 (the official mark), in paragraph (2), at the end insert “or, as the case may be, combined county authority”.

(14) In rule 23 (notice of poll), in paragraphs (1) and (4)(a), for “combined authority” substitute “CA/CCA”’.

(15) In rule 27 (issue of official poll cards), in paragraph (3)—

(a)in sub-paragraph (a), after “authority” insert “or combined county authority”;

(b)in sub-paragraph (b), after “election” in the second place it occurs, insert “or, as the case may be, combined county authority mayoral election”.

(16) In rule 28 (equipment of polling stations)—

(a)in paragraph (2), for “combined authority” substitute “CA/CCA”;

(b)in paragraph (8)—

(i)for “combined authority” in the opening words substitute “CA/CCA”;

(ii)in sub-paragraph (a), after “voting,” insert “which”,

(iii)in sub-paragraph (b), in the notice—

(aa)after “choice” in the third place it occurs insert—

“*[Specify name of combined county authority] COMBINED COUNTY AUTHORITY MAYORAL ELECTION

Vote for ONLY ONE CANDIDATE by putting a cross [x] in the box next to your choice.”;

(bb)in the sentence beginning with the word “Alternatively”, for “combined authority” substitute “CA/CCA”;

(c)in paragraph (9), for “combined authority” in both places where those words occur substitute “CA/CCA”.

(17) In rule 29 (appointment of polling and counting agents), in paragraph (8) for “(5)” substitute “(7)”.

(18) In rule 32 (admission to polling station), in paragraphs (1) and (4), for “combined authority” in each place where those words occur, substitute “CA/CCA”.

(19) In rule 35 (questions to be put to voters), in paragraph (1), in the Table, in the first and second entries, in the third column—

(i)in question (a) after “mayor” insert “or, as the case may be, a combined county authority mayor,”;

(ii)in question (b) after “mayor” insert “or a combined county authority mayor,”.

(20) In rule 37 (voting procedure)—

(a)in paragraph (1I)(b)(i) omit “constituent”;

(b)in paragraph (6), in the opening words, for “combined authority” substitute “CA/CCA”.

(21) In rule 38 (votes marked by presiding officer), in paragraph (5), for “combined authority” substitute “CA/CCA”.

(22) In rule 39 (voting by persons with disabilities), in paragraph (7), for “combined authority” substitute “CA/CCA”.

(23) In rule 41 (tendered ballot papers – general provisions), in paragraph (3)—

(a)for “combined authority” substitute “CA/CCA”;

(b)after “it” insert “is”.

(24) In rule 41B (collection and disclosure of information relating to applications made under rules 37 to 40), in paragraph (11)(b), omit “constituent”.

(25) In rule 43 (correction of errors on day of poll) in paragraph (2), after “it” insert “is”.

(26) In rule 46 (attendance at verification)—

(a)in paragraphs (1) and (2), for “combined authority” in each place where those words occur substitute “CA/CCA”;

(b)in paragraph (3)—

(i)in sub-paragraph (f), for “combined authority” in both places where those words occur substitute “CA/CCA”;

(ii)in the closing words, for “papers” substitute “paper accounts”;

(c)in paragraph (4) —

(i)in the opening words, for “papers” substitute “paper accounts”;

(ii)in sub-paragraph (a) for “counting of the votes” substitute “conduct of those proceedings”.

(27) In rule 47 (procedure at verification of ballot paper accounts)—

(a)for “combined authority” in each place where those words occur substitute “CA/CCA;

(b)in paragraph (7) omit “this” in the second place it occurs.

(28) In the following provisions, for “combined authority” in each place where those words occur substitute “CA/CCA”—

(a)rule 48 (additional steps: verification and count carried out at different places);

(b)rule 49 (attendance at the count);

(c)rule 50 (the count);

(d)rule 51 (rejected ballot papers);

(e)rule 54 (procedure at conclusion of count).

(f)rule 57 (combined authority returning officer’s re-count), including in the heading.

(29) In rule 59 (returning officer’s final statement, central calculation and declaration of result)(10)—

(a)in paragraphs (1) to (9), for “combined authority” in each place where those words occur substitute “CA/CCA”;

(b)in paragraph (12)—

(i)for “combined authority” in the first place where those words occur substitute “CA/CCA”;

(ii)after “mayor” insert “or, as the case may be, combined county authority mayor”;

(c)in paragraphs (13), (16) and (17) for “combined authority” in each place where those words occur substitute “CA/CCA”;

(d)in paragraph (18), at the beginning insert “Where the election is a combined authority mayoral election,”;

(e)after paragraph (18), insert—

“(19) Where the election is a combined county authority mayoral election, the combined county authority returning officer must inform the proper officer of the combined county authority concerned of the result of the election.”.

(30) In rule 60 (return or forfeiture of candidate’s deposit)—

(a)in paragraphs (3)(a) and (4), for “combined authority” substitute “CA/CCA”;

(b)in paragraph (5), after “authority” insert “or, as the case may be combined county authority”.

(31) In rule 61 (sealing up of ballot papers), in paragraph (1) omit “, including ballot papers rejected in part”.

(32) In rule 62 (delivery and retention of documents)—

(a)in paragraph (1), omit “constituent”;

(b)in paragraph (3)—

(i)for “60, 61 and 62” substitute “63, 64 and 65”;

(ii)omit “constituent”.

(33) In rule 63 (orders for production of documents), in paragraph (1)(a), omit “, including ballot papers rejected in part,”.

(34) In rule 64A (destruction of home address forms), in paragraph (1), for “combined authority” substitute “CA/CCA”.

(35) In rule 65 (countermand or abandonment of poll on death of a candidate), for “combined authority” in each place where those words occur substitute “CA/CCA”.

(36) In the Appendix of forms—

(a)in the Notes preceding the list of forms—

(i)omit “Combined Authority”;

(ii)at the end insert—

“Where the forms are to be used in relation to a combined county authority mayoral election, rather than a combined authority mayoral election—

(a)for “combined authority” in each place where those words occur in a form substitute “combined county authority”;

(b)in Form 2 (form of candidate’s consent to nomination)—

(i)for “paragraph 9 or 9A of Schedule 5B of the Local Democracy, Economic Development and Construction Act 2009” in each place where those words occur substitute “paragraph 8 or 9 of Schedule 2 to the Levelling-up and Regeneration Act 2023”;

(ii)for “paragraph 9A of Schedule 5B of the Local Democracy, Economic Development and Construction Act 2009” substitute “paragraph 9 of Schedule 2 to the Levelling-up and Regeneration Act 2023”;”;

(b)in Form 2 (form of candidate’s consent to nomination) for “Section 9A” substitute “paragraph 9A”;

(c)for Form 13 (certificate of employment) substitute form 13 set out in Part 2 of the Schedule to these Regulations.

Schedule 5 (free delivery of election addresses)

14.—(1) Schedule 5 (free delivery of election addresses) is amended as follows.

(2) In paragraph 1—

(a)omit the definition of “election”;

(b)for the definition of “elector” substitute—

““elector” means—

(a)

in relation to a combined authority mayoral election, a person entitled, in accordance with paragraph 6 of Schedule 5B to the 2009 Act, to vote in that election;

(b)

in relation to a combined county authority mayoral election, a person entitled, in accordance with paragraph 5 of Schedule 2 to the 2023 Act, to vote at that election;”.

(3) In paragraphs 3(5)(b) and 4, for “combined authority” in each place those words occur substitute “CA/CCA”.

(4) In paragraph 5—

(a)the first unnumbered sub-paragraph becomes sub-paragraph (1);

(b)in that sub-paragraph and sub-paragraph (2), for “combined authority” in each place where those words occur substitute “CA/CCA”.

(5) In paragraphs 6 to 9, for “combined authority” in each place where those words occur substitute “CA/CCA”.

PART 3Amendment of the Voter Identification Regulations 2022

The Voter Identification Regulations 2022

15.—(1) The Voter Identification Regulations 2022(11) are amended as follows.

(2) In regulation 3 (interpretation)—

(a)in paragraph (1), after the definition for “combined authority mayoral election” insert—

““combined county authority mayoral election” means an election for the mayor as provided for in regulations made under Schedule 2 of the Levelling-up and Regeneration Act 2023;”;

(b)in paragraph (4), in the table—

(i)in the entry for “A combined authority mayoral election”, in the corresponding entry in the second column, after “The” insert “combined authority”;

(ii)after that entry insert—

“A combined county authority mayoral election

The combined county authority returning officer within the meaning of article 2 of the Combined Authorities (Mayoral Elections) Order 2017”;

(c)in paragraph (5)(c), after sub-paragraph (iv) insert—

“(iva)in the case of a combined county authority mayoral election, paragraph 12(1)(a) of Schedule 2 to the Regeneration and Levelling-up Act 2023,”.

(3) In regulation 34(1)(b) (collection of information by the presiding officer) after “election” in the second place it occurs insert “, a combined county authority mayoral election”.

PART 4Combination of Polls Held in Combination with a Combined County Authority Mayoral Election – Amendment of Secondary Legislation

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

16.—(1) The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004(12) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a)after the definition of “2011 Act” insert—

““2023 Act” means the Levelling-up and Regeneration Act 2023;”;

(b)after the definition of “combined authority mayoral election” insert—

““combined county authority mayoral election” means an election for a mayor for a combined county authority under Chapter 1 of Part 2 of the 2023 Act;”.

(3) In regulation 4 (returning officers and polling stations)—

(a)in paragraphs (1)(a), (2)(a), (3)(a), (4)(a), (5)(a), (6)(a) and (7)(a), for “or combined authority area” substitute “, combined authority area or combined county authority area”;

(b)in paragraph (9)(a), for “or a combined authority mayoral election” substitute “, a combined authority mayoral election or a combined county authority mayoral election”;

(c)in paragraph (10)—

(i)after the definition of “combined authority area” insert—

““combined county authority area” means the area of the combined county authority established by regulations made under section 9 of the 2023 Act;”;

(ii)in the definition of “listed provisions” after sub-paragraph (d) insert—

“(e)section 252 of, and paragraph 12 of Schedule 2 to the 2023 Act;”;

(d)in paragraph (11), after sub-paragraph (d) insert—

“(e)the returning officer at a combined county authority mayoral election must be construed as including a reference to the combined county authority returning officer.”.

(4) In regulation 5 (functions at combined polls)—

(a)in paragraph (1), after sub-paragraph (g) insert—

“(h)at a combined county authority mayoral election, by those rules in regulations made under section 252 of, and paragraph 12 of Schedule 2 to, the 2023 Act which correspond to the rules specified in paragraph (2);”;

(b)in paragraph (3)—

(i)omit “and” at the end of sub-paragraph (c);

(ii)after sub-paragraph (d) insert— “; and

(e)that regulation and that part as applied by regulations made under section 252 of, and paragraph 12 of Schedule 2 to, the 2023 Act.”.

(5) In regulation 8 (modification of parliamentary elections rules) in paragraph (1)(c) for “or combined authority mayoral election” substitute “, combined authority mayoral election or combined county authority mayoral election”.

(6) In paragraph 2 of Schedule 2 (definitions for the purposes of modifications of the parliamentary election rules set out in Schedule 1 to the 1983 Act)—

(a)after the definition of “combined authority mayoral election” insert—

““combined county authority mayoral election” means an election for a mayor for a combined county authority under Chapter 1 of Part 2 of the 2023 Act;”;

(b)in the definition of “relevant election or referendum”, after sub-paragraph (ca) insert—

“(cb)a combined county authority mayoral election,”.

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

17. In rule 2 of the Local Elections (Principal Areas) (England and Wales) Rules 2006(13) (interpretation)—

(a)in paragraph (1), after the definition of “combined authority mayoral election” insert—