The Local Elections (Parishes and Communities) (England and Wales) Rules 2006

Made: 12th December 2006

Laid before Parliament: 12th December 2006

Coming into force in accordance with rule 1(2)

The Secretary of State makes the following Rules in exercise of the powers conferred upon him by section 36(2) of the Representation of the People Act 1983 .

In accordance with section 7(1) and (2)(d) of the Political Parties, Elections and Referendums Act 2000 he has consulted the Electoral Commission.

Citation, commencement, extent and revocations

1

• (1) These Rules may be cited as The Local Elections (Parishes and Communities) (England and Wales) Rules 2006.

• (2) These Rules come into force on 2 January 2007 except for the purposes of an election if the last date for the publication of the notice of election for that election was, or will be, prior to 27 March 2007.

• (3) These Rules do not extend to Scotland or Northern Ireland.

• (4) Subject to paragraph (2), the Rules specified in Schedule 1 to these Rules are revoked.

Interpretation

2

• (1) In these Rules,

• “1983 Act” means the Representation of the People Act 1983;

• “the Combination of Polls Regulations” means the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004[^f00003];

• “counting observer” shall have the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001[^f00004];

• “counting officer” shall have the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001;

• “European Parliamentary election” shall have the same meaning as in section 27(1) of the Representation of the People Act 1985[^f00005];

• “local counting area” shall have the same meaning as in regulation 2(1) of the European Parliamentary Elections Regulations 2004[^f00006];

• “mayoral election” means an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002[^f00007];

• “petition organiser” shall have the same meaning as in regulation 3 of the Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000[^f00008];

• “polling observer” shall have the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001;

• “principal area” means, in England, a county or district and, in Wales, a county or county borough;

• “referendum” means a referendum conducted under the Local Authorities (Conduct of Referendums) (England) Regulations 2001;

• “voting area” shall have the same meaning as in regulation 2 of the Local Authorities (Conduct of Referendums) (England) Regulations 2001.

• (2) In these Rules, “relevant election or referendum” means one or more of the following—

• (a) a Parliamentary election[^f00009];

• (b) a European Parliamentary election;

• (c) another local government election;

• (d) a mayoral election; and

• (e) a referendum,

the poll at which is taken together with the poll at the parish or community election.

• (3) In the case of a referendum, a reference to—

• (a) a “candidate” shall be construed as a reference to a petition organiser;

• (b) an “election agent” or a “counting agent” shall be construed as a reference to a counting observer;

• (c) a “polling agent” shall be construed as a reference to a polling observer; and

• (d) a “returning officer” shall be construed as a reference to a counting officer.

• (4) Any reference in these Rules to a district shall be construed as a reference to a county in the case of a county in which there are no district councils.

Elections Rules

3

In the application of the parliamentary elections rules to the election of councillors of the council of a parish or community where the poll at that election is not taken together with the poll at another election under section 36(3), (3AB) or (3AC) of the 1983 Act[^f00010] or section 15(1) or (2) of the Representation of the People Act 1985[^f00011], adaptations, alterations and exceptions shall be made to those rules so that the election shall be conducted in accordance with the Rules set out in Schedule 2 to these Rules.

Combination of polls

4

Where the poll at an election of councillors to the council of a parish or community is to be taken together with the poll at a relevant election or referendum,[^f00012] the Rules set out in Schedule 2 shall apply to the parish or community election as shown modified in Schedule 3.

Filling of casual vacancies

5

• (1) A request may be made in accordance with paragraph (2) for an election to fill a casual vacancy in the office of a parish or community councillor.

• (2) Any request must be made—

• (a) to the proper officer of the council of the district in which the parish is situate or the county or county borough in which the community is situate,

• (b) by 10 persons who are named on the register in use at the time of the request as local government electors for the electoral area in which the vacancy has occurred, and

• (c) within 14 days (computed in accordance with rule 2 of the elections rules in Schedule 2 to these Rules) after public notice of the vacancy has been given in accordance with section 87(2) of the Local Government Act 1972[^f00013].

• (3) An election must be held, if requested in accordance with paragraph (2), if the casual vacancy in the office of the parish or community councillor occurs other than within six months before the day on which that councillor would regularly have retired.

• (4) Where a casual vacancy in any such office is required to be filled by election, the election must be held on a day appointed by the returning officer, being a day falling within the period of 60 days (so computed) beginning with the day on which public notice of the vacancy was given.

• (5) Subject to paragraph (6) below, where a casual vacancy in any such office is not required to be filled by election, the parish or community council must, as soon as practicable after the expiry of the period of 14 days referred to in paragraph (2)(c), co-opt a person to fill the vacancy.

• (6) In the case of a casual vacancy occurring in the office of a parish or community councillor within six months before the day on which that councillor would regularly have retired, paragraph (5) shall have effect with the substitution of the word “may” for “must”; and any vacancy not so filled must be filled at the next ordinary election.

Modification of the 1983 Act

6

In the application of those provisions of the 1983 Act referred to in section 187(1) of that Act[^f00014] to an election of parish or community councillors or an election of the chairman of a parish or community council the following modifications shall have effect—

• (a) for any reference to the proper officer of the authority there shall be substituted a reference to the returning officer, and

• (b) in section 136(2)(b) of that Act[^f00015] for the words “£2,500” there shall be substituted “£1,500”.

Form of declaration

7

A declaration as to election expenses at an election of parish or community councillors must be in the form in Schedule 4 to these Rules, or a form to the like effect.

SCHEDULE 1 — Revocations

S.I. number	Rules
S.I. 1986/2215	The Local Elections (Parishes and Communities) Rules 1986
S.I. 1987/260	The Local Elections (Parishes and Communities) (Amendment) Rules 1987
S.I. 1990/157	The Local Elections (Parishes and Communities) (Amendment) Rules 1990
S.I. 1998/585	The Local Elections (Parishes and Communities) (Amendment) Rules 1998
S.I. 1999/395	The Local Elections (Parishes and Communities) (Amendment) Rules 1999
S.I. 2001/80	The Local Elections (Parishes and Communities) (Amendment) Rules 2001
S.I. 2004/224	The Local Elections (Parishes and Communities) (Amendment) (England and Wales) Rules 2004
S.I.2004/1040	The Local Elections (Parishes and Communities) (Amendment) (No. 2) (England and Wales) Rules 2004
S.I.2006/390	Rule 3 of The Local Elections (Principal Areas and Parishes and Communities) (England and Wales) (Amendment) Rules 2006

SCHEDULE 2 — Rules for Conduct of an Election of Councillors of a Parish ... where Poll is not taken together with Poll at another Election

PART 1 — Provisions as to Time

Timetable

1

The proceedings at the election shall be conducted in accordance with the following Table.

Computation of time

2

• (1) In computing any period of time for the purposes of the Timetable—

• (a) a Saturday or Sunday,

• (b) Christmas Eve, Christmas Day, Good Friday or a bank holiday, or

• (c) a day appointed for public thanksgiving or mourning,

shall be disregarded, and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll nor shall the returning officer be obliged to proceed with the counting of the votes on such a day.

• (2) In this rule “bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.

PART 2 — Stages Common to Contested and Uncontested Elections

Notice of election

3

• (1) The returning officer must publish notice of the election stating—

• (a) the place and times at which nomination papers are to be delivered, and

• (b) the date of the poll in the event of a contest,

and the notice must state that forms of nomination papers may be obtained at that place and those times.

• (2) The notice of election must state the date by which—

• (a) applications to vote by post or by proxy, and

• (b) other applications and notices about postal or proxy voting,

must reach the registration officer in order that they may be effective for the election.

Nomination of candidates

4

• (1) Each candidate must be nominated by a separate nomination paper, in the form in the Appendix, delivered at the place fixed for the purpose by the returning officer.

• (2) The nomination paper must state the candidate's—

• (a) full names, and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) if desired, description,

and the surname must be placed first in the list of names.

• (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).

• (4) The description, if any, must not exceed 6 words in length, and need not refer to his rank, profession or calling so long as, with the candidate's other particulars, it is sufficient to identify him.

• (5) The nomination paper must be accompanied by a form (in this Schedule referred to as the “home address form”) which states—

• (a) the candidate’s—

• (i) full names,

• (ii) home address in full, and

• (iii) qualifying address or, if the candidate declares they are qualified by more than one of the qualifications mentioned in paragraph (7), qualifying addresses;

• (b) which of the qualifications mentioned in paragraph (7) the qualifying address or qualifying addresses stated relate to;

• (c) the attesting person’s—

• (i) full names, and

• (ii) home address in full.

Provision in paragraph (1) above about delivery of the nomination paper applies also to the home address form.

• (6) The home address form—

• (a) may contain a statement made and signed by the candidate that he requires the home address not to be made public, and

• (b) if it does so, must—

• (i) where the candidate’s home address is in United Kingdom, state the name of the relevant area;

• (ii) where the candidate’s home address is outside the United Kingdom, state the country in which it is situated.

• (7) In this rule—

• “attesting person”, in relation to a candidate, means the person who attests the candidate’s consent to nomination in accordance with rule 7(c);

• “qualifying address” means—where the candidate has selected option (a) on the Consent to Nomination form, the address in full in respect of which the candidate is so registered as a local government elector;where the candidate has selected option (b) on the Consent to Nomination form, a description and the address of that land or premises which the candidate has occupied as owner or tenant;where the candidate has selected option (c) on the Consent to Nomination form, the address of that place of work; andwhere the candidate has selected option (d) on the Consent to Nomination form, the address or addresses in full where the candidate has so resided;

• “relevant area” means—in relation to a home address in England—if the address is within a district for which there is a district council, that district;if the address is within a county in which there are no districts with councils, that county;if the address is within a London borough, that London borough;if the address is within the City of London (including the Inner and Middle Temples), the City of London; andif the address is within the Isles of Scilly, the Isles of Scilly;in relation to a home address in Wales—if the address is within a county, that county;if the address is within a county borough, that county borough;in relation to a home address in Scotland, the local government area in which the address is situated;in relation to a home address in Northern Ireland, the local government district in which it is situated.

Nomination papers: name of registered political party

5

• (1) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with a registered political party unless the party is a qualifying party in relation to the electoral area and the description is authorised by a certificate—

• (a) issued by or on behalf of the registered nominating officer of the party, and

• (b) received by the returning officer before the last time for the delivery of nomination papers set out in the Table in rule 1.

• (2) In paragraph (1) an authorised description may be either—

• (a) the name of the party registered under section 28 of the Political Parties, Elections and Referendums Act 2000 , or

• (b) a description of the party registered under section 28A of that Act .

• (3) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with two or more registered political parties unless the parties are each qualifying parties in relation to the electoral area and the description is a registered description authorised by a certificate—

• (a) issued by or on behalf of the registered nominating officer of each of the parties, and

• (b) received by the returning officer before the last time for the delivery of nomination papers set out in the Table in rule 1.

• (4) For the purposes of paragraph (3), a description is a registered description if it is a description registered for use by the parties under section 28B of the Political Parties, Elections and Referendums Act 2000 .

• (5) A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (1) or (3) on behalf of a registered political party's nominating officer.

• (6) For the purposes of the application of this rule in relation to an election—

• (a) “registered political party” means a party which was registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at that election;

• (b) a registered political party is a qualifying party in relation to an electoral area if the party was on the relevant day registered in respect of England in the Great Britain register maintained under that Part of that Act.

• (7) For the purposes of paragraph (6)(a) of this rule, any day falling within rule 2(1) must be disregarded.

Subscription of nomination paper

6

• (1) The nomination paper must be subscribed by two electors as proposer and seconder.

• (2) Where a nomination paper has the signatures of more than the required number of persons as proposing or seconding the nomination of a candidate, the signature appearing first on the paper in each category must be taken into account to the exclusion of any others in that category.

• (3) The nomination paper must give the electoral number of each person subscribing it.

• (4) The returning officer—

• (a) must supply any elector with as many forms of nomination paper and forms of consent to nomination as may be required at the place and during the time for delivery of nomination papers, and

• (b) must at any elector's request prepare a nomination paper for signature,

but it is not necessary for a nomination or consent to nomination to be on a form supplied by the returning officer.