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

Type Statutory-Instrument
Publication 2006-12-12
Last updated 2024-12-26
State In force
Department King's Printer of Acts of Parliament
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articles Not indexed
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  • “combined county authority mayoral election” means an election of a mayor for a combined county authority under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023;
  • “counting observer” shall have the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2012;
  • “counting officer” shall have the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2012;
  • ...
  • ...
  • “mayoral election” means an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007;
  • “petition organiser” shall have the same meaning as in regulation 3 of the Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000 ;
  • “police and crime commissioner election” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the 2011 Act;
  • “polling observer” shall have the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2012;
  • “principal area” means, a county in England, a district or a London borough;
  • “referendum” means a referendum conducted under the Local Authorities (Conduct of Referendums) (England) Regulations 2012;
  • “temporary electoral identity document” has the same meaning as in regulation 3(1) of the Voter Identification Regulations 2022;
  • “voting area” shall have the same meaning as in regulation 2 of the Local Authorities (Conduct of Referendums) (England) Regulations 2012.
  • (2) In these Rules, “relevant election or referendum” means one or more of the following—
  • (a) a Parliamentary election ;
  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (c) another local government election;
  • (d) a mayoral election; and
  • (da) a combined authority mayoral election;
  • (db) a combined county authority mayoral election;
  • (e) a referendum,
  • (f) a police and crime commissioner election,

the poll at which is taken together with the poll at the parish ... 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.
3

In the application of the parliamentary elections rules to the election of councillors of the council of a parish ... 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 or section 15(1) or (2) of the Representation of the People Act 1985 , 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.

4

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

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 ... councillor.
  • (2) Any request must be made—
  • (a) to the proper officer of the council of the district in which the parish 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 .
  • (3) An election must be held, if requested in accordance with paragraph (2), if the casual vacancy in the office of the parish ... 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 ... 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 ... 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.
6

In the application of those provisions of the 1983 Act referred to in section 187(1) of that Act to an election of parish ... councillors or an election of the chairman of a parish ... 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 for the words “£2,500” there shall be substituted “£1,500”.
7

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

Note—The forms contained in this Appendix may be adapted so far as circumstances require.

Note–The forms contained in this Appendix may be adapted so far as circumstances require.

Editorial notes

52
54

For the definition of “Parliamentary election”, see the Interpretation Act 1978 (c.30), Schedule 1.

55

Section 36(3) was substituted for subsection (3) as originally enacted, by section 17 of the Representation of the People Act 1985 (c.50) and further amended by paragraph 68(8) of Schedule 16 to the Local Government (Wales) Act 1994 (c.19) and subsection (3AB) was inserted by paragraph 68(8) of Schedule 16; subsection (3AC) was inserted by paragraph 17 of Schedule 3 to the Local Government and Rating Act 1997 (c.19).

57
59

Section 187(1) was amended by paragraph 64 of Schedule 4 to the Representation of the People Act 1985 (c.50) and by paragraph 124 of Schedule 1 to the Electoral Administration Act 2006 (c.22).

60

Section 136(2) was amended by paragraph 48 of Schedule 4 to the Representation of the People Act 1985 (c.50) and by paragraph 19(4) of Schedule 18 to the Political Parties, Elections and Referendums Act 2000 (c.41).

66

Section 13B of the 1983 Act was inserted by paragraph 3 of Schedule 2 to the Representation of the People Act 2000 (c.2) and amended by section 11(3) of the Electoral Administration Act 2006 (c.22). Subsections (3B) and (3D) of section 13B were inserted by section 11(4) of the Electoral Administration Act 2006 (c.22).

67

Subsections (1), (2) and (3) of section 66 of the 1983 Act were amended by paragraphs 69, 82, 86(b) and 96 of Schedule 1 to the Electoral Administration Act 2006 (c.22); subsection (6) was amended by paragraph 3 of Schedule 3 to the Representation of the People Act 1985 (c.50).

70

Section 13B of the 1983 Act was inserted by paragraph 3 of Schedule 2 to the Representation of the People Act 2000 (c.2) and amended by section 11(3) of the Electoral Administration Act 2006 (c.22). Subsections (3B) and (3D) of section 13B were inserted by section 11(4) of the Electoral Administration Act 2006 (c.22).

71

Section 13B of the 1983 Act was inserted by paragraph 3 of Schedule 2 to the Representation of the People Act 2000 (c.2) and amended by section 11(3) of the Electoral Administration Act 2006 (c.22). Subsections (3B) and (3D) of section 13B were inserted by section 11(4) of the Electoral Administration Act 2006 (c.22).

79

For the meaning of “parliamentary constituency”, see section 1 of the Parliamentary Constituencies Act 1986 (c.56).

81

Section 13B of the 1983 Act was inserted by paragraph 3 of Schedule 2 to the Representation of the People Act 2000 (c.2) and amended by section 11(3) of the Electoral Administration Act 2006 (c.22). Subsections (3B) and (3D) of section 13B were inserted by section 11(4) of the Electoral Administration Act 2006 (c.22).

82

Regulation 5 of the Combination of Polls Regulations has been amended by S.I. 2006/3278.

83

Subsections (1), (2) and (3) of section 66 of the 1983 Act were amended by paragraphs 69, 82, 86(b) and 96 of Schedule 1 to the Electoral Administration Act 2006 (c.22); subsection (6) was amended by paragraph 3 of Schedule 3 to the Representation of the People Act 1985 (c.50).

89

For the meaning of “parliamentary constituency”, see section 1 of the Parliamentary Constituencies Act 1986 (c.56).

94

Sch. 2 rule 10(2)(c) inserted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 2(6)(b)

96

Sch. 2 Pt. 7 Form of Front of Ballot Paper and Directions as to Printing the Ballot Paper substituted (2.3.2015 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) Rules 2015 (S.I. 2015/104), rules 1(2), 2(3)(b), Sch. 1

99

Sch. 2 rule 8(2)(aa) inserted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 2(4)(b)

103

Words in Sch. 3 rule 10(1) inserted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 3(6)(a)

109

Words in Sch. 2 rule 7(b)(i) omitted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by virtue of The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 2(3)

113

Sch. 2 Pt. 7 Form of Back of Ballot Paper substituted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 2(9)(d), Sch. 1

116

Words in Sch. 2 rule 25(1) substituted (2.3.2015 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) Rules 2015 (S.I. 2015/104), rules 1(2), 2(2)

121

Sch. 3 rule 4(5)-(7) inserted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 3(2)(c)

123

Sch. 3 rule 50A inserted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 3(8)

129

Sch. 2 rule 11A inserted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 2(7)

130

Sch. 2 Pt. 7 Form of Front of Ballot Paper substituted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 2(9)(c), Sch. 1

136

Sch. 3 Pt. 7 Form of Front of Ballot Paper and Directions as to Printing the Ballot Paper substituted (2.3.2015 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) Rules 2015 (S.I. 2015/104), rules 1(2), 3(3)(c), Sch. 2

138

Sch. 3 rule 4(2)(b) omitted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by virtue of The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 3(2)(b)

142

Sch. 2 rule 9(6A)-(6E) inserted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 2(5)(c)

144

Words in Sch. 2 rule 10(1) inserted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 2(6)(a)

146

Sch. 2 rule 8(3) substituted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 2(4)(c)

148

Sch. 3 rule 11A inserted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 3(7)

150

Words in Sch. 3 rule 25(1) substituted (2.3.2015 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) Rules 2015 (S.I. 2015/104), rules 1(2), 3(2)

152

Words in Sch. 2 rule 8(6) substituted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 2(4)(d)

153

Sch. 3 rule 8(2)(aa) inserted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 3(4)(b)

154

Words in Sch. 2 rule 4(5)-(7) inserted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 2(2)(c)

156

Sch. 3 rule 10(2)(c) inserted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 3(6)(b)

160

Sch. 3 rule 9(6A)-(6E) inserted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 3(5)(c)

161

Sch. 3 rule 8(3) substituted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 3(4)(c)

164

Words in Sch. 3 rule 7(b)(i) omitted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by virtue of The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 3(3)

165

Words in Sch. 3 rule 8(6) substituted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 3(4)(d)

174

Sch. 2 rule 50A inserted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 2(8)

177

Word in Sch. 3 rule 9(2) omitted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by virtue of The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 3(5)(a)

178

Sch. 2 rule 9(2A) inserted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 2(5)(b)

179

Word in Sch. 2 rule 4(2)(a) inserted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 2(2)(a)

180

Words in Sch. 3 rule 8(1) inserted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 3(4)(a)

185

Sch. 3 rule 9(2A) inserted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 3(5)(b)

186

Word in Sch. 3 rule 4(2)(a) inserted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 3(2)(a)

188

Words in Sch. 2 rule 8(1) inserted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 2(4)(a)

192

Word in Sch. 2 rule 9(2) omitted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by virtue of The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 2(5)(a)

196

Sch. 2 rule 4(2)(b) omitted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by virtue of The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 2(2)(b)

198

Rule 5 modified (coming into force in accordance with art. 1(2) of the amending S.I.) by The Daventry (Electoral Changes) Order 2012 (S.I. 2012/160), arts. 1(2), 9

201

Sch. 3 Pt. 7 Form of Front of Ballot Paper substituted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 3(9)(c), Sch. 2

202

Sch. 3 Pt. 7 Form of Back of Ballot Paper substituted (E.) (2.5.2019 with effect in accordance with rule 1(2) of the amending S.I.) by The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018 (S.I. 2018/1309), rules 1(2), 3(9)(d), Sch. 2

203

Sch. 2 Pt. 7 Form of the Front of Ballot Paper omitted (W.) (10.3.2022) by virtue of The Local Elections (Miscellaneous and Consequential Amendments) (Wales) Regulations 2022 (S.I. 2022/263), reg. 1(2), Sch. 2 para. 8(12)(c) (with reg. 12(d))

204

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