The Local Elections (Communities) (Wales) Rules 2021

1Title and commencement

2Transitional provision

3Interpretation

4Conduct of elections to a community council

5Filling of casual vacancies

6Modifications of the 1983 Act

7Form of election expenses

SCHEDULE 1Rules for conduct of an election of councillors for a community where poll is not taken together with poll at another election

2Computation of time

PART 1Notice of Election, Nomination and Method of Election

Notice of Election

3Notice of election

4Duty of returning officer to supply forms of nomination etc.

5Nomination of candidates

6Nomination papers: descriptions

7Addition of “Wales”, “Welsh”, “Cymru” or “Cymreig”

8Nomination papers: statements of party membership

9Home address forms

10Decisions as to validity of nomination papers

11Nomination in more than one electoral area

12Withdrawal of candidates

13Publication of statement of persons nominated

14Use of commonly used names in statement of persons nominated

15Names that are the same or similar

16Correction of minor errors in a nomination paper or home address form

17Inspection of nomination papers

18Inspection of home address forms

19Adjournment of nomination proceedings in the case of riot

Method of Election

20Decision as to whether election contested and declaration of result if uncontested

PART 2The Poll at Contested Elections

General Provisions

21Poll to be taken by ballot

22The ballot papers

23Corresponding number list

24The official mark

25Prohibition of disclosure of vote

26Use of schools and public rooms

Action to be taken before the poll

27Notice of poll

28Postal ballot papers

29Provision of polling stations

30Appointment of presiding officers and clerks

31Issue of official poll cards

32Equipment of polling stations

33Appointment of polling and counting agents

34Polling and counting agents: supplemental provision

35Notification of requirement of secrecy

36Return of postal ballot papers

37Admission to polling station

38Keeping of order in station

39Sealing of ballot boxes

40Questions that may be put to voters

41Challenge of voter

42Voting procedure

43Voters with a disability or unable to read: marking of votes by presiding officer

44Voters with a disability or unable to read: assistance of companions

45Voting with the assistance of a companion: supplemental provision

46Tendered ballot papers: circumstances where available

47Duties of presiding officer in relation to tendered ballot papers

48Spoilt ballot papers

49Correction of errors on day of poll

50Adjournment of poll in case of riot

51Procedure on close of poll

PART 3Counting of Votes and Declaration of Result at Contested Elections

52Arrangements for the counting of votes

53Attendance at the counting of votes

54The count: steps

55The count: general

56The count: rejected ballot papers

58Equality of votes

59Decision on ballot papers

60Declaration of result

PART 4Disposal of Documents

61Sealing up of ballot papers at contested elections

62Delivery of documents to registration officer at contested elections

63Production etc. of documents

64Orders for the production etc. of documents: supplemental provision

65Retention and destruction of documents forwarded to registration officer

66Destruction of home address forms by returning officer

PART 5Death of Candidate

67Countermand or abandonment of poll on death of a candidate

APPENDICESNote: The forms contained in these Appendices may be adapted so far as circumstances require.

SCHEDULE 2Rules for conduct of an election of councillors for a community where poll is taken together with poll at a relevant election

2Computation of time

PART 6Notice of Election, Nomination and Method of Election

Notice of Election

3Notice of election

4Duty of returning officer to supply forms of nomination etc.

5Nomination of candidates

6Nomination papers: descriptions

7Addition of “Wales”, “Welsh”, “Cymru” or “Cymreig”

8Nomination papers: statements of party membership

9Home address forms

10Decisions as to validity of nomination papers

11Nomination in more than one electoral area

12Withdrawal of candidates

13Publication of statement of persons nominated

14Use of commonly used names in statement of persons nominated

15Names that are the same or similar

16Correction of minor errors in a nomination paper or home address form

17Inspection of nomination papers

18Inspection of home address forms

19Adjournment of nomination proceedings in the case of riot

Method of Election

20Decision as to whether election contested and declaration of result if uncontested

PART 7The Poll at Contested Elections

General Provisions

21Poll to be taken by ballot

22The ballot papers

23Corresponding number list

24The official mark

25Prohibition of disclosure of vote

26Use of schools and public rooms

Action to be taken before the poll

27Notice of poll

28Postal ballot papers

29Provision of polling stations

30Appointment of presiding officers and clerks

31Issue of official poll cards

32Equipment of polling stations

33Appointment of polling and counting agents

34Polling and counting agents: supplemental provision

35Notification of requirement of secrecy

36Return of postal ballot papers

37Admission to polling station

38Keeping of order in station

39Sealing of ballot boxes

40Questions that may be put to voters

41Challenge of voter

42Voting procedure

43Voters with a disability or unable to read: marking of votes by presiding officer

44Voters with a disability or unable to read: assistance of companions

45Voting with the assistance of a companion: supplemental provision

46Tendered ballot papers: circumstances where available

47Duties of presiding officer in relation to tendered ballot papers

48Spoilt ballot papers

49Correction of errors on day of poll

50Adjournment of poll in case of riot

51Procedure on close of poll

PART 8Counting of Votes and Declaration of Result at Contested Elections

52Overview of rules and interpretation

53Attendance at proceedings under this Part

54Preliminary and general duties where returning officer is co-ordinating returning officer

55Separation of ballot papers etc. where returning officer is co-ordinating returning officer

56Preliminary and general duties where returning officer is not the co-ordinating returning officer

57Opening of containers etc. where returning officer is not the co-ordinating returning officer

58Further provision about postal ballot papers

59The count: general

60The count: rejected ballot papers

62Equality of votes

63Decision on ballot papers

64Declaration of result

PART 9Disposal of Documents

65Sealing up of ballot papers at contested elections

66Delivery of documents to registration officer at contested elections

67Production etc. of documents

68Orders for the production etc. of documents: supplemental provision

69Retention and destruction of documents forwarded to registration officer

70Destruction of home address forms by returning officer

PART 10Death of Candidate

71Countermand or abandonment of poll on death of a candidate

APPENDICESNote: The forms contained in these Appendices may be adapted so far as circumstances require.

SCHEDULE 3Form of election expenses

2021 No. 1460 (W. 375)

Local Government, Wales

Representation Of The People, Wales

The Local Elections (Communities) (Wales) Rules 2021

Made15 December 2021

Coming into force17 December 2021

The Welsh Ministers, in exercise of the powers conferred by section 89(6) of the Local Government Act 19721 and sections 36A(1), (3) to (6) and (9) and 187(1) of the Representation of the People Act 19832, make the following Rules.

In accordance with section 36A(7) of the Representation of the People Act 1983, the Welsh Ministers have consulted such persons as they considered appropriate.

In accordance with section 36A(10) of the Representation of the People Act 1983, a draft of this instrument has been laid before and approved by a resolution of Senedd Cymru.