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The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007

Type Statutory-Instrument

Publication 2007-03-26

Last updated 2024-12-04

State In force

Department King's Printer of Acts of Parliament

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(b) in rule 37(1H), the reference to paragraph (1) of rule 37 were to paragraph (1) of this rule.

(3) For the purposes of these Rules—

(a) a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1); ...

(b) for a mayoral election in Wales, a person shall be qualified to assist a voter with disabilities to vote if that person is either—

(i) a person who is entitled to vote as an elector at the election; or

(ii) the father, mother, brother, sister, spouse, civil partner, son or daughter of the voter and has attained the age of 18 years.

(c) for a mayoral election in England, a person is qualified to assist a voter with disabilities to vote if that person is aged 18 or over.

(4) Subject to paragraph (5), the name and number in the register of electors of every voter whose vote is given in accordance with this rule and the name and address of the companion must be entered on a list (in these Rules referred to as “the list of voters with disabilities assisted by companions”).

(5) In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name shall be the elector’s number.

(6) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (4) applies as if for “in the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act”.

(7) The declaration made by the companion of a voter with disabilities—

(a) must be in the appropriate form in the Appendix or a form to the like effect,

(b) must be made before the presiding officer at the time when the voter applies to vote with the assistance of the companion, and

(8) No fee or other payment shall be charged in respect of the declaration.

Tendered ballot papers - circumstances where available

40

(1) If a person, representing himself to be—

(a) a particular elector named on the register and not named in the absent voters list, or

(b) a particular person named in the list of proxies as proxy for an elector and not entitled to vote by post as proxy,

applies for a ballot paper after another person has voted in person either as the elector or his proxy, the applicant shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 41, to mark a ballot paper (in these Rules referred to as “a tendered ballot paper”) in the same manner as any other voter.

(2) Paragraph (4) applies if—

(a) a person applies for a ballot paper representing himself to be a particular elector named on the register,

(b) he is also named in the postal voters list, and

(3) Paragraph (4) also applies if—

(a) a person applies for a ballot paper representing himself to be a particular person named as a proxy in the list of proxies,

(b) he is also named in the proxy postal voters list, and

(4) The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 41, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter.

(5) Paragraph (6) applies if, before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents himself to be—

(a) a particular elector named on the register who is also named in the postal voters list, or

(b) a particular person named as a proxy in the list of proxies and who is also named in the proxy postal voters list,

and claims that he has lost or has not received his postal ballot paper.

(6) The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 41, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter.

(7) Paragraphs (1B) to (1N) of rule 37 apply in the case of a person who seeks to mark a tendered ballot paper under this rule at a mayoral election held in England as they apply in the case of a voter who applies for a ballot paper under rule 37(1), but as if, in rule 37(1H) the reference to making a further application under paragraph (1) of rule 37 were to seeking a further time to mark a tendered ballot paper under the paragraph of this rule under which the first such attempt was made.

Tendered ballot papers-general provisions

41

(1) A tendered ballot paper must—

(a) be of a colour differing from that of the other ballot papers;

(b) instead of being put into the ballot box, be given to the presiding officer and endorsed by him with the name of the voter and his number in the register of electors, and set aside in a separate packet.

(2) The name of the voter and his number in the register of electors must be entered on a list (in these Rules referred to as the “tendered votes list”).

(3) In the case of a person voting as proxy for an elector, the number to be endorsed or entered together with the voter’s name shall be the number of that elector.

(4) In the case of an elector who has an anonymous entry, this rule and rule 40 apply subject to the following modifications—

(a) in paragraphs (1)(b) and (2) above, the references to the name of the voter shall be ignored;

(b) otherwise, a reference to a person named on a register or list shall be construed as a reference to a person whose number appears in the register or list (as the case may be).

(5) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, this rule and rule 40 shall apply as if—

(a) in rule 40(1)(a), (2)(a) and (5)(a), for “named on the register” there were substituted “in respect of whom a notice under section 13B(3B) or (3D) of the 1983 Act has been issued”;

(b) in paragraph (1)(b) of this rule for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13B(3B) or (3D) of the 1983 Act”;

(c) in paragraph (2) of this rule, for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13B(3B) or (3D) of the 1983 Act”.

Spoilt ballot papers

42

A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to his satisfaction the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivered (in these Rules referred to as “a spoilt ballot paper”), and the spoilt ballot paper must be immediately cancelled.

Correction of errors on day of poll

43

The presiding officer must keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of the 1983 Act which takes effect on the day of the poll.

Adjournment of poll in case of riot

44

(1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer must adjourn the proceedings till the following day and must forthwith give notice to the returning officer.

(2) Where the poll is adjourned at any polling station—

(a) the hours of polling on the day to which it is adjourned must be the same as for the original day; and

(b) references in these Rules to the close of the poll shall be construed accordingly.

Procedure on close of poll

45

(1) As soon as practicable after the close of the poll, the presiding officer must, in the presence of the polling agents, make up into separate packets, sealed with his own seal and the seals of such polling agents as desire to affix their seals—

(a) each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with the key, if any, attached,

(b) the unused and spoilt ballot papers placed together,

(d) the marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the list of proxies,

(da) in the case of a mayoral election held in England, the ballot paper refusal list completed in accordance with rule 41A,

(e) the lists prepared under rule 19 including the parts which were completed in accordance with rule 37(1)(b) (together referred to in these Rules as “the completed corresponding number lists”),

(f) the certificates as to employment on duty on the day of the poll,

(g) the tendered votes list, the list of voters with disabilities assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters whose votes are so marked by the presiding officer under the heads “disability” and “unable to read”, the list maintained under rule 43 (correction of errors on day of poll), and the declarations made by the companions of voters with disabilities,

and must deliver the packets or cause them to be delivered to the returning officer to be taken charge of by him; but if the packets are not delivered by the presiding officer personally to the returning officer, the arrangements for their delivery shall require the returning officer’s approval.

(2) The marked copies of the register of electors and of the list of proxies must be in one packet but must not be in the same packet as the completed corresponding number lists or the certificates as to employment on duty on the day of the poll.

(3) The packets must be accompanied by a statement (in these Rules referred to as “the ballot paper account”) made by the presiding officer showing the number of ballot papers entrusted to him, and accounting for them under the heads—

(a) ballot papers issued and not otherwise accounted for,

(b) unused ballot papers,

(d) tendered ballot papers.

Attendance at the count

46

(1) The returning officer must make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the close of the poll, and must give to the counting agents notice in writing of the time and place—

(a) at which he will begin to count the votes; and

(b) in the case of a mayoral election in Wales, at which he will begin any count of the second preference votes.

(2) No person other than—

(a) the returning officer and his clerks,

(b) the candidates and one other person chosen by each of them,

(d) the counting agents,

(e) persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000,

may be present at the counting of the votes, unless permitted by the returning officer to attend.

(3) A person not entitled to attend at the counting of the votes shall not be permitted to do so by the returning officer unless he—

(a) is satisfied that the efficient counting of the votes will not be impeded; and

(b) has either consulted the election agents or thought it impracticable to do so.

(4) The returning officer must give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.

(5) In particular, where the votes are counted by sorting the ballot papers according to the candidate for whom the vote is given and then counting the number of ballot papers for each candidate, the counting agents shall be entitled to satisfy themselves that the ballot papers are correctly sorted.

The first count

47

(1) The returning officer must—

(a) in the presence of the counting agents open each ballot box and count and record the number of ballot papers in it;

(b) in the presence of the election agents verify each ballot paper account; and

(2) The returning officer must not count the votes given on any ballot papers until—

(a) in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box, and

(b) in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.

(2A) The returning officer at a mayoral election in England shall then count the votes given on them.

(3) The returning officer at a mayoral election in Wales shall then—

(a) where the election is contested by more than two candidates, count the first preference votes given on them;

(b) where the election is contested by only two candidates, count the votes given on them.

(4) A postal ballot paper must not be taken to be duly returned unless—

(a) it is returned in the manner set out in paragraph (5) and reaches the returning officer or any polling station in the electoral area in question before the close of the poll; and

(b) the postal voting statement, duly signed, is also returned in the manner set out in paragraph (5) and reaches him or such a polling station before that time;

(d) in a case where steps for verifying the date of birth and signature of an elector or proxy have been prescribed by regulations made under the 1983 Act²⁷, the returning officer (having taken such steps) verifies the date of birth and signature of the elector or proxy (as the case may be) and

(e) in England, the postal ballot paper is not one that falls to be rejected in accordance with regulation 79B, 79D, 82B or 82D of the Representation of the People (England and Wales) Regulations 2001.

(5) The manner in which any postal ballot paper or postal voting statement may be returned—

(a) to the returning officer, is by hand or by post;

(b) to a polling station, is by hand.

(5A) A postal ballot paper or postal voting statement that reaches the returning officer or a polling station on or after the close of the poll is treated for the purposes of this rule as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.

(6) The returning officer must not count any tendered ballot paper.

(7) The returning officer, while counting and recording the number of ballot papers and counting the votes, must keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.

(8) The returning officer must verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and must draw up a statement as to the result of the verification, which any election agent may copy.

(9) The returning officer must so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he may exclude the hours between 7 in the evening and 9 on the following morning.

(10) During the time so excluded the returning officer must—

(a) place the ballot papers and other documents relating to the election under his own seal and the seals of such of the counting agents as desire to affix their seals; and

(b) otherwise take proper precautions for the security of the papers and documents.

Rejected ballot papers

48

(1) Any ballot paper—

(a) which does not bear the official mark, or

(b) on which more than one first preference vote is given, or

(c) on which anything is written or marked by which the voter can be identified except the printed number and other unique identifying mark on the back, or

(d) which is unmarked or void for uncertainty as to the first preference vote,

shall, subject to paragraph (2), be void and not counted.

(2) A ballot paper on which the vote is marked—

(a) elsewhere than in the proper place, or

(b) otherwise than by means of a cross, or

shall not for such reason be deemed to be void if—

(i) at an election at which more than two candidates remain validly nominated, an intention that a vote shall be given, by way of a first preference vote, for not more than one of the candidates clearly appears; or

(ii) at any other election, an intention that a vote shall be for one only of the candidates clearly appears,

and (in either case) the way the paper is marked does not itself identify the voter and it is not shown that he can be identified by it.

(3) A ballot paper which is not otherwise void and on which not more than one first preference vote is marked (whether or not a second preference vote is marked) shall be valid as respects that vote, and counted accordingly.

(4) The returning officer must endorse the word “rejected” on any ballot paper which under this rule is not to be counted, and shall add to the endorsement the words “rejection objected to” if any objection is made to his decision by a counting agent.

(5) The returning officer must draw up a statement showing the number of ballot papers rejected, under the several heads of—

(a) want of official mark;

(b) voting for more than one candidate as to the first preference vote;

(d) unmarked or void for uncertainty as to the first preference vote.

(6) In the case of an election where only two candidates remain validly nominated, this rule is to apply as if—

(a) in paragraph (1)(b), for “first preference vote” there were substituted “vote”;

(b) in paragraphs (1)(d), (5)(b) and (d), the words “as to the first preference vote” were omitted;

(7) This rule applies to a mayoral election in England as if—

(a) in paragraph (1)(b) “first preference” were omitted;

(b) in paragraph (1)(d) “as to the first preference vote” were omitted;

(d) in paragraph (2)(ii) “at any other election,” were omitted;

(e) in paragraph (2) after sub-paragraph (ii) the words “(in either case)” were omitted;

(f) paragraph (3) were omitted;

(g) in paragraph (5)(b) and (d) “as to the first preference vote” in both places were omitted;

(h) paragraph (6) were omitted.

Decisions on ballot papers

49

The decision of the returning officer on any question arising in respect of a ballot paper shall be final, but shall be subject to review on an election petition.

Re-count

50

(1) A candidate or his election agent may, if present when the counting or any re-count of the votes or, as the case may be, the first preference votes at a mayoral election in Wales, is completed, require the returning officer to have the votes re-counted or again re-counted but the returning officer may refuse to do so if in his opinion the request is unreasonable.

(2) No step shall be taken on the completion of the counting or any re-count of votes, or as the case may be, the first preference votes at a mayoral election in Wales, until the candidates and election agents present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.

Procedure at conclusion of first count

51

(1) As soon as practicable after the conclusion of the first count (including any re-count), the returning officer must draw up a statement showing—

(a) the total number of ballot papers used;

(b) the total number of rejected ballot papers;

(i) the number of first preference votes given for each candidate; and

(ii) the total number of first preference votes given; and

(d) at an election contested by only two candidates, the number of votes given for each candidate.

(2) As soon as practicable after completion of the statement, the returning officer must—

(a) inform such of the candidates and their election agents as are then present of the contents of the statements prepared in accordance with rule 48(5) and paragraph (1) of this rule; and

(b) give public notice of the contents of those statements.

(3) Where an election is contested by more than two candidates, the returning officer must—

(a) if paragraph 2 of Schedule 2 to the 2000 Act applies (candidate with overall majority of first preference votes), make the declaration required by rule 54(1); or

(b) if paragraph 3 of that Schedule applies, count the second preference votes at the time and place notified in writing to the counting agents.

(4) Where—

(a) an election is contested by only two candidates; and

(b) the total number of votes for each of them is unequal,

the person to be returned as the elected mayor is the candidate to whom the majority of the votes is given.

(5) Where—

(a) an election is contested by only two candidates; and

(b) the total number of votes given for each of them is equal,

the returning officer shall decide by lot which of them is to be returned as the elected mayor.

(6) In a case to which paragraph (4) or (5) applies, the declaration of the person to be returned as the elected mayor shall be made in accordance with rule 54.

(7) This rule applies to a mayoral election in England as if—

(a) in the heading “first” were omitted;

(b) for paragraph (1) there were substituted—

(1) As soon as practicable after the conclusion of the count (including any re-count), the returning officer must draw up a statement showing— (a) the total number of ballot papers used, (b) the total number of rejected ballot papers, and (c) the number of votes given for each candidate.

(3) Where the total number of votes cast for each candidate is unequal, the person to be returned as the elected mayor is the candidate to whom the majority of the votes is given. (4) Where, after the counting of the votes (including any re-count) is completed, an equality of votes is found to exist between any candidates and the addition of a vote would entitle any of those candidates to be returned as the elected mayor, the returning officer must forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote. (5) The declaration of the person to be returned as the elected mayor shall be made in accordance with rule 54.

PART 5 — Mayoral elections in Wales — Further provision: more than two candidates

The count of second preference votes

52

(1) The returning officer must count the number of second preference votes for each of the candidates remaining in the contest given by voters who did not give their first preference vote to any of those candidates.

(2) A ballot paper which is not otherwise void and on which not more than one second preference vote is marked shall be valid as respects that vote and shall be counted accordingly if, but only if, a valid first preference vote has also been marked.

(3) Rules 46(2) to (5), 47(6), (7), (9) and (10), 48 (except paragraph (3)) and 50 (except the words “the votes, or as the case may be,” in both paragraphs where they appear) shall apply in relation to the count of second preference votes as they apply in relation to the count of first preference votes as if references to first preference votes were references to second preference votes.

(4) The returning officer shall not be required to re-examine any decision taken under rule 49.

The calculation of total votes and resolution of equality —mayoral elections in Wales

53

(1) The returning officer must comply with paragraph 3(6) of Schedule 2 to the 2000 Act.

(2) The returning officer must then draw up a statement showing—

(a) the total number of first preference votes given for each candidate,

(b) the total number of second preference votes given for each of the candidates remaining in the contest after the count of the first preference votes,

(d) the number of ballot papers that were—

(i) valid as respects a first preference vote given for a candidate who did not remain in the contest after the count of the first preference votes; and

(ii) rejected for the purposes of the count of second preference votes on the ground that they were unmarked or void for uncertainty as to the second preference vote.

(3) As soon as practicable after completion of the statement, the returning officer must provide such of the election agents for those candidates who remain in the contest as are then present with a copy of the statement, and shall give them a reasonable opportunity to satisfy themselves as to the accuracy of the calculation.

(4) If, after the second preference votes have been counted, the total number of votes given for two or more candidates remaining in the contest is equal, the person to be returned as the elected mayor is the person whom the returning officer decides, in accordance with paragraph 3(8) of Schedule 2 to the 2000 Act, is to be returned as the elected mayor.

PART 6 — Final proceedings in contested and uncontested elections

Declaration of result

54

(1) The returning officer must declare the elected mayor to be the candidate who, in accordance with section 9HC(2) or (3) or section 42(2) or (3) of the 2000 Act or, as the case may be, Schedule 2 to that Act, is to be returned as the elected mayor at that election.

(2) The returning officer must give public notice of—

(a) the name of the successful candidate,

(b) the total number of votes or, at a mayoral election in Wales, first preference votes, given for each candidate,

(c) the number of rejected ballot papers at the election under each head shown in the statement of rejected ballot papers (rule 48(5)), and

(d) at a mayoral election in Wales if second preference votes were counted—

(i) the total number of second preference votes given for each of the candidates remaining in the contest after the count of the first preference votes, and

(ii) the number of ballot papers rejected for the purposes of the count of second preference votes on the ground that they were unmarked or void for uncertainty as to the second preference vote.

(3) In an uncontested election, the returning officer must as soon as practicable after the latest time for the delivery of notices of withdrawals of candidature—

(a) declare to be elected the person remaining validly nominated;

(b) give public notice of the name of the person declared to be elected.

(4) The returning officer must inform the proper officer of the local authority concerned of the result of the election.

Return or forfeiture of candidate’s deposit

55

(1) Unless forfeited in accordance with paragraph (5), the deposit made under rule 10 of these Rules shall be returned to the person making it or his personal representative.

(2) Subject to paragraph (4), the deposit shall be returned not later than the next day after that on which the result of the election is declared.

(3) For the purposes of paragraph (2)—

(a) a day shall be disregarded if it would be disregarded under rule 4 in computing any period of time for the purpose of the timetable for a mayoral election; and

(b) the deposit shall be treated as being returned on a day if a cheque for the amount of the deposit is posted on that day.

(4) If the candidate is not shown as standing nominated in the statement of persons nominated, or if proof of his death has been given to the returning officer before the conclusion of the first count, the deposit shall be returned as soon as practicable after the publication of the statement or after his death, as the case may be.

(5) Where a poll is taken, if, after the conclusion of the first count, the candidate is found not to have polled more than one-twentieth of the total number of votes or, at a mayoral election in Wales, first preference votes votes polled by all the candidates, the deposit shall be forfeited to the local authority of the electoral areas concerned.

PART 7 — Disposal of documents

Sealing up of ballot papers

56

(1) On the completion of the counting at a contested election the returning officer must seal up in separate packets the counted and rejected ballot papers, including ballot papers rejected in part.

(2) The returning officer must not open the sealed packets of—

(a) tendered ballot papers,

(aa) in the case of a mayoral election held in England, the completed ballot paper refusal list,

(b) the completed corresponding number lists,

(d) marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and lists of proxies.

Delivery and retention of documents

57

The returning officer must then forward to the relevant registration officer of the local authority concerned the following documents—

(a) the packets of ballot papers in his possession,

(b) the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts,

(c) the tendered votes lists, the lists of voters with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, the lists maintained under rule 43 and the declarations made by the companions of voters with disabilities,

(ca) in the case of a mayoral election held in England, the packet containing the completed ballot paper refusal list,

(d) the packets of the completed corresponding number lists,

(e) the packets of certificates as to employment on duty on the day of the poll,

(f) the packets containing marked copies of registers (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the postal voters list, of the lists of proxies and of the proxy postal voters list,

endorsing on each packet a description of its contents, the date of the election to which they relate and the name of the electoral area for which the election was held.

Orders for production of documents

58

(1) An order—

(a) for the inspection or production of any rejected ballot papers, including ballot papers rejected in part, in the custody of the relevant registration officer; or

(b) for the opening of a sealed packet of the completed corresponding number lists or certificates as to employment on duty on the day of the poll or for the inspection of any counted ballot papers in his custody,

may be made by a county court, if the court is satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of an election petition.

(1A) An order—

(a) for the opening of the sealed packet containing a completed ballot paper refusal list, or

(b) for the inspection or production of that list,

may be made by the county court if satisfied by evidence on oath that the order is required for the purpose of an election petition relating to a mayoral election held in England.

(2) An order for the opening of a sealed packet of completed corresponding number lists or of certificates as to employment on duty on the day of the poll or for the inspection of any counted ballot papers in the custody of the relevant registration officer may be made by an election court.

(3) An order under this rule may be made subject to such conditions as to—

(a) persons,

(b) time,

(d) production or opening,

as the court making the order may think expedient.

(4) In making and carrying into effect an order for the opening of a packet of completed corresponding number lists or of certificates as to employment on duty on the day of the poll or for the inspection of counted ballot papers, care must be taken that the way in which the vote of any particular elector has been given shall not be disclosed until it has been proved—

(i) that his vote was given; and

(ii) that the vote has been declared by a competent court to be invalid.

(5) An appeal lies to the High Court from any order of a county court under this rule.

(6) Any power given under this rule to a county court may be exercised by any judge of the court otherwise than in open court.

(7) Where an order is made for the production by the relevant registration officer of any document in his possession relating to any specified election—

(a) the production by him or his agent of the document ordered in such manner as may be directed by that order shall be conclusive evidence that the document relates to the specified election; and

(b) any endorsement on any packet of ballot papers so produced shall be prima facie evidence that the ballot papers are what they are stated to be by the endorsement.

(8) The production from proper custody of—

(a) a ballot paper purporting to have been used at any election, and

(b) a completed corresponding number list with a number marked in writing beside the number of the ballot paper,

shall be prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry in the register of electors or on a notice issued under section 13B(3B) or (3D) of the 1983 Act at the time of the election contained the same number as the number written as mentioned in sub-paragraph (b) of this paragraph.

(9) Save as by this rule provided, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the relevant registration officer or open any sealed packets of completed corresponding number lists or of certificates as to employment on duty on the day of the poll.

Retention of documents

59

The relevant registration officer must retain for one year all documents relating to an election forwarded to him in pursuance of these Rules by a returning officer, and then, unless otherwise directed by an order of a county court, the Crown Court, a magistrates’ court or an election court, must cause them to be destroyed.

PART 8 — Death of candidate

Countermand or abandonment of poll on death of a candidate

60

(1) If at a contested election proof is given to the returning officer’s satisfaction before the result of the election is declared that one of the persons named or to be named as candidate in the ballot papers has died, then the returning officer must countermand notice of the poll or, if polling has begun, direct that the poll be abandoned, and the provisions of subsections (1) and (5) of section 39 of the 1983 Act²⁸ apply in respect of any vacancy which remains unfilled.

(2) Subject to paragraph (4), where the poll is abandoned by reason of a candidate’s death no further ballot papers shall be issued, and the presiding officer at any polling station must take the like steps (so far as not already taken) for the delivery to the returning officer of ballot boxes and ballot papers and other documents as he is required to take on the close of the poll in due course.

(3) The returning officer must dispose of ballot papers and other documents in his possession as he is required to do on the completion in due course of the counting of the votes, subject to paragraphs (4) and (5).

(4) It is not necessary for any ballot paper account to be prepared or verified.

(5) The returning officer must seal up all the ballot papers, whether the votes on them have been counted or not, and it is not necessary to seal up counted and rejected ballot papers in separate packets.

(6) The provisions of these Rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at an election apply to any such documents relating to a poll abandoned by reason of a candidate’s death subject to paragraphs (7) and (8).

(7) Ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers.

(8) No order is to be made for—

(a) the inspection or production of any ballot papers, or

(b) for the opening of a sealed packet of the completed corresponding number lists or certificates as to employment on duty on the day of the poll,

unless the order is made by a court with reference to a prosecution.

SCHEDULE 2 — Modifications of Acts and Statutory Instrument

Table 1	Table 1
The Representation of the People Act 1983	The Representation of the People Act 1983
(1)Provision	(2)Modification
Section 31 (polling districts and stations at local government elections)²⁹	In subsection (1)—after “county councillors” insert “or elected mayors of county councils,” andafter “district councillors”, insert “or elected mayors of London borough or district councils”.In subsection (1A), after “county borough councillors”, insert “or elected mayors of county or county borough councils,”.
Section 35 (returning officers: local elections in England and Wales)³⁰	In subsection (1)—after “councillors of the county”, insert “and elected mayors of the county council”; andafter “councillors of the district”, insert “and elected mayors of the district council”.
	In subsection (1A), in paragraph (a), after “councillors of the county or county borough”, insert “and elected mayors of the county or county borough council”.
	In subsection (3), after “London borough councillors”, insert “or the election of an elected mayor of a London borough council”.

Section 36 (local elections in England)	In subsection (3) in paragraph (a), after “such a councillor,” insert “or the election of an elected mayor of a district council”.In subsection (3AC), in paragraph (a), after “such a councillor”, insert “or the election of an elected mayor of the council of a county in England in which there are no district councils”.In subsection (4), after “a London borough)” insert “or the election of an elected mayor of the council of such an area,”.In subsection (6), after “England”, insert “or at an election of an elected mayor of the council of any such area,”.
Section 39 (local elections void etc in England and Wales)	In subsection (2), after “other reason”, insert “a mayoral election or”.In subsection (5), in paragraph (a), after “section 36 or section 36A above”, insert “or, in the case of a mayoral election, regulations under section 9HE of the 2000 Act,”.In subsection (6), in paragraph (a)—in sub-paragraph (i), after “section 36A)” insert “or under Part 1A of the 2000 Act (and the regulations under section 9HE of that Act)”, andomit “, or, as the case may be, the district council, or Welsh county or county borough council,”.
Section 40 (timing as to local elections in England and Wales)³¹	In subsection (1), after “the 1999 Act”, insert “or regulations under section 9HE or 44 of the 2000 Act”.
	In subsection (2), after “the 1999 Act” insert “and (in the case of a mayoral election) regulations under section 9HE or 44 of the 2000 Act”.
	In subsection (3)—after “section 36 above”, insert “or regulations under section 9HE or 44 of the 2000 Act”; andafter “such rules” (in both places) and “those rules”, insert “or regulations (as the case may be)”.
. . .	. .

Section 47 (loan of equipment for local elections)³²	In subsection (2)—omit paragraph (b); andfor “those Acts”, substitute “that Act or Part 1A or Part II of the 2000 Act”.
Section 48 (validity of local elections and legal costs)	In subsection (1), after “section 42 above”, insert “or regulations under section 9HE or 44 of the 2000 Act”.
Section 50 (effect of misdescription)	In paragraph (c)—after “this Part of this Act”, insert “(as applied for the purposes of mayoral elections), and regulations under section 9HE or 44 of the 2000 Act”; andomit “and the parliamentary elections rules,”.
Section 52 (discharge of registration duties)³³	In subsections (1) and (4), after “this Act”, insert “(including any such functions in relation to mayoral elections)”.
Section 54 (payment of expenses of registration)³⁴	In subsection (1) after “this Act”, at the first place where these words appear, insert “(including any such functions in relation to mayoral elections)”.
Section 59A (reports on voter identification requirements in Great Britain)	After subsection (5) insert—5AWhere this subsection applies, a report prepared in accordance with subsection (4) must also include the effect of the mayoral election corresponding requirements on applications made under the provisions of rules made under section 9HE of the Local Government Act 2000 corresponding to rules 37(1), 38(1), 39(1) and 40(1) of the parliamentary elections rules.5BSubsection (5A) applies in respect of an election of a local authority mayor where—athe day of poll for that election is the same day as the poll for the ordinary elections of councillors described in subsection (4),bthe election relates to a local government area to which the duty in subsection (4) otherwise applies, andcthe timing of that election is determined in accordance with regulations 3, 4 or 7 of the Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) Regulations 2012 (timing of elections of mayors other than elections resulting from casual vacancies).5CIn subsection (5A), “mayoral election corresponding requirements” means the requirements corresponding to the voter identification requirements that have effect in relation to mayoral elections in England by virtue of rules made under section 9HE of the Local Government Act 2000..In subsection (6), after paragraph (b) insert—cin 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 made under section 9HE of the Local Government Act 2000 corresponding to rule 40B of the parliamentary elections rules.
Section 61 (other voting offences)³⁵	In subsection (2), in paragraph (a)—in sub-paragraph (ii), after “councillors” insert “or a mayoral election”; andin sub-paragraph (iii), after “ordinary election”, insert “or mayoral election”.In subsection (3) in paragraph (a) (ii) after “councillors”, insert “or at a mayoral election”.In subsection (6A)³⁶, for “rule 40 (1ZC) or (1ZE) of the parliamentary elections rules”, substitute “rule 40 (4) or (6) of the Mayoral Elections Rules”.
Section 67 (appointment of election agent)³⁷	In subsection (2)—after “this Act”, where it first appears, insert “or, in the case of a mayoral election, such of the provisions of this Act as are applied by regulations under section 9HE or 44 of the 2000 Act,”; andafter “this Act”, in the second place, insert “or, in the case of a mayoral election, any applicable provision of this Act,”.
Section 76 (limitation of election expenses)³⁸	For subsection (2) substitute—2That maximum amount is—afor mayoral elections in England, £3,040 together with an additional 8p for every entry in the register of electors to be used at the election;bfor mayoral elections in Wales, £2,362 together with an additional 5.9p for every entry in the register of electors to be used at the election..
Section 85 (penalty for “sitting or voting” where no return and declarations transmitted)³⁹	Omit subsection (2).
Section 85A (disqualification where no return and declarations transmitted after election of Mayor of London)⁴⁰	In subsection (1)—for “an election of the Mayor of London” substitute “a mayoral election”; andfor “Mayor of London”, in the second place, substitute “elected mayor”.
Section 87A (duty of appropriate officer to forward returns and declarations to Electoral Commission).	In subsection (1) after paragraph (b) insert “or, (c) a mayoral election”.
Section 94 (imitation of poll cards)⁴¹	In subsection (2)—after “section 36” insert “above, or regulations made under section 44 of the 2000 Act”; andafter “the rules”, insert “or, as the case may be, the regulations”.
Section 96 (schools and rooms for local election meetings)⁴²	In subsection (1), after “section 36”, insert “above, or regulations made under section 44 of the 2000 Act”.
Section 97 (disturbances at election meetings)⁴³	In subsection (2), in paragraph (b), after “section 36”, insert “above, or regulations made under section 44 of the 2000 Act”.
Section 99 (officials not to act for candidates)	In subsection (1), in paragraph (b), after “section 36”, insert “above, or regulations made under section 44 of the 2000 Act”.
Section 118A (meaning of candidate)⁴⁴	In subsection (3), after “local government Act”, insert “or at an election for a mayor under the 2000 Act”.
Section 199B (translation of certain documents)⁴⁵	In subsection (6), insert after paragraph (b)— ba “In the case of a mayoral election in Wales in the case of an election for a mayor under the 2000 Act, must have printed at the top of the list of candidates the words “Vote (x) for one candidate only” if there are only two candidates, or the words “Vote once (x) in column 1 for your first choice, and Vote once (x) in column 2 for your second choice” if there are more than two candidates;”..
Section 203 (local government provisions as to England and Wales)⁴⁶	In subsection (1)—after the definition of “the 1999 Act”, insert, ““the 2000 Act” means the Local Government Act 2000;”in the definition of “local government election”, at the end of paragraph (b), insert “or (c) any mayoral election;” andafter the definition of “London member”, insert—“mayoral election” means the election of an elected mayor under Part 1A or Part II of the 2000 Act..
	In subsection (1A), at the end, insert “or a mayoral election”.
	In subsection (2), in paragraph (b), after “Authority elections”, insert “or mayoral elections”.
Table 2	Table 2
The Representation of the People Act 1985⁴⁷	The Representation of the People Act 1985⁴⁷

Section 15 (combination of polls at parliamentary ... and local elections)	In subsection (1), at the end of paragraph (b), insert— or,da mayoral election and an election of one or more of the descriptions specified in paragraph (b),.
	Omit subsection (5).
Table 3	Table 3
The Representation of the People Act 2000⁴⁸	The Representation of the People Act 2000⁴⁸
Section 10 (pilot schemes for local elections in England and Wales)	In subsection (2), for “Representation of the People Acts” substitute “Local Government Act 2000”.
	In subsection (7), in paragraph (a) for “Representation of the People Acts” substitute “Local Government Act 2000”.
Section 11 (revision of procedures in the light of pilot schemes)	In subsection (6) for “Rules made under section 36 of the 1983 Act (local election in England and Wales)” substitute “Regulations made under section 9HE or 44 (power to make provision about elections) of the Local Government Act 2000”.
Schedule 4 (absent voting in Great Britain)	In paragraph 1, in sub-paragraph (1)—in the definition of “the appropriate rules”, at the end of paragraph (b), insert “and (c) in the case of a mayoral election, the Mayoral Elections Rules, within the meaning of the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007”;in the definition of “local government election”, at the end insert “and includes a mayoral election”; andafter that definition, insert the following definition—“mayoral election” means an election under regulations under section 9HE or 44 of the Local Government Act 2000;.
	In paragraph 2, in sub-paragraph (6A)⁴⁹ for “rule 40(1ZC) or (1ZE) of the parliamentary elections rules”, substitute “rule 40(4) or (6) of the Mayoral Elections Rules”.
	In paragraph 7, in sub-paragraph (10)⁵⁰ for “rule 40(1ZC) or (1ZE) of the parliamentary elections rules”, substitute “rule 40(4) or (6) of the Mayoral Elections Rules”.
Table 4	Table 4
The Representation of The People (England and Wales) Regulations 2001⁵¹	The Representation of The People (England and Wales) Regulations 2001⁵¹
Regulation 3 (interpretation)	At the end of paragraph (2)(b) insert—, orcthe corresponding rule in the regulations made under section 44 of the 2000 Act in the case of a mayoral election..At the end of paragraph (4), insert—5A reference in these Regulations to a local government election shall, except in paragraph (2)(b) above, include a mayoral election under Part 1A or Part 2 of the 2000 Act.
Regulation 50 (interpretation of Part 4)	At the end of the definition of “Schedule 4” insert “as modified by Schedule 2 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007.”
Regulation 64 (interpretation of Part 5)	At the appropriate place, insert—“candidates” includes a candidate at a mayoral election under Part 1A or Part 2 of the 2000 Act;”.
Regulation 65 (combination of polls)	In paragraph (1), after sub-paragraph (b) insert— , orcsubsection (3), (3AB) or (3AC), as modified by Schedule 2 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007,.
Regulation 82A (postal voting documents handed in to the returning officer)	In paragraph (1), in sub-paragraph (b), after paragraph (i) insert—“(ia) rule 47(5)(a) of the Mayoral Elections rules.”.
Table 5	Table 5
The Electoral Administration Act 2006	The Electoral Administration Act 2006

Section 32 (photographs on ballot papers: piloting)	In subsection (10)—in paragraph (a) in the definition of “local government election” at the end insert “and includes a mayoral election under regulations made under section 44 of the Local Government Act 2000”;for paragraph (b) substitute—ba reference to the area of a local authority means a county, county borough, London borough or district..
Section 44 (access to other election documents: supplementary)	In paragraph (12), at the end insert “subject to modifications made by regulations made under section 44 of the 2000 Act.”.
Section 69 (encouraging electoral participation)	In paragraph (9) at the end, insert—gmayoral elections under regulations made under section 44 of the 2000 Act..

SCHEDULE 3 — Mayoral Election (Combination of Polls) Rules

PART 1 — General provisions

Citation

1

These Rules may be cited as the Mayoral Elections (Combination of Polls) Rules.

Interpretation

2

(1) In these Rules, unless the context indicates otherwise—

“anonymous elector’s document” has the meaning given in regulation 3(1) of the Voter Identification Regulations 2022”;

“the Appendix” means the Appendix to these Rules;

“Assembly constituency” shall have the meaning as in section 2(4) and (5) of the Greater London Authority Act 1999⁵²;

“candidate” means a candidate to be an elected mayor;

“the Combination of Polls Regulations” means the Representation of the People (Combination of Polls)(England and Wales) Regulations 2004⁵³;

“counting observer” shall have the same meaning as in regulation 2(1) of the Referendums Regulations;

“counting officer” shall have the same meaning as in regulation 2(1) of the Referendums Regulations;

“petition organiser” shall have the same meaning as in regulation 3 of the Local Authorities (Referendums)(Petitions and Directions)(England) Regulations 2000⁵⁴;

“polling observer” shall have the same meaning as in regulation 2(1) of the Referendums Regulations;

“returning officer”, in relation to an election means—the proper officer of the London borough concerned or, as the case may be, the person appointed as the returning officer for the election in accordance with subsection (1) or (1A) of section 35 (returning officers: local elections in England and Wales)⁵⁵ of the 1983 Act; andany person appointed under subsection (4) of that section by a person of a description mentioned in paragraph (a);

“temporary electoral identity document” has the meaning given in regulation 3(1) of the Voter Identification Regulations 2022”;

“voting area” shall have the same meaning as in regulation 2 of the Referendums Regulations.

(2) 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;

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

(3) Subject to paragraph (4), other expressions used both in these Rules and in the 1983 Act (as it applies to local government elections) have the same meaning in these Rules as they have in that Act.

(4) Where such expressions are used in relation to a mayoral election, they have the meaning as defined in regulation 2 or modified by regulation 3.

PART 2 — Provisions as to time

Timetable

3

The proceedings at the election shall be conducted in accordance with the following Timetable:

Proceedings	Time
Publication of notice of election	Not later than the twenty-fifth day before the day of election.
Delivery of nomination papers	Not later than 4 in the afternoon on the nineteenth day before the day of election.
Publication of statement as to persons nominated	Not later than 4 in the afternoon on the eighteenth day before the day of election.
Delivery of notices of withdrawal of candidature	Not later than 4 in the afternoon on the nineteenth day before the day of election.
Notice of poll	Not later than the sixth day before the day of election.
Polling	Between the hours of 7 in the morning and 10 at night on the day of election.

Computation of time

4

(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

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 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 1971⁵⁶ in England and Wales.

PART 3 — Stages common to contested and uncontested elections

Notice of election

5

(1) The returning officer shall 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 also state the arrangements which apply for the payment of the deposit required by rule 10 to be made by means of the electronic transfer of funds.

(3) 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

6

(1) Each candidate must be nominated by a separate nomination paper.

(2) A nomination paper must be in the appropriate form in the Appendix or a form to the like effect and shall be delivered at the place fixed for the purpose by the returning officer, which shall be at the offices of the council of the county, county borough, district or London borough in which the electoral area wholly or mainly lies.

(3) A nomination paper must state the candidate’s—

(a) full names, and

(b) home address, in full, and

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

(4) 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 (3)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (3)(a).

(5) The description, if any, which may not comprise more than six words, must consist of either—

(a) that authorised as mentioned in paragraph rule 7(1) or (3); or

(b) the word “Independent”.

(6) The nomination paper must be accompanied by a form (in these Rules 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 (9), qualifying addresses;

(b) the attesting person’s—

(i) full names, and

(ii) home address in full.

Provision in paragraph (2) about delivery of the nomination paper applies also to the home address form.

(7) The home address form—

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

(b) if it does so, must—

(i) if that address is in the United Kingdom, state the relevant area;

(ii) if that address is outside the United Kingdom, state the country within which it is situated.

(8) The home address form must also state, in relation to each qualifying address, which of the qualifications mentioned in paragraph (9) that address relates to.

(9) In this rule, “qualifying address”, in relation to a candidate, means—

(a) if the candidate declares in their consent to nomination that they are qualified to be elected as mayor by virtue of being registered as a local government elector at a particular address, that address;

(b) if the candidate declares in that consent that they are qualified to be elected as mayor by virtue of owning or occupying land or other premises in a particular area, a description and the address of that land or those premises;

(c) if the candidate declares in that consent that they are qualified to be elected as mayor by virtue of their principal or only place of work being in a particular area, the address in full of that place of work;

(d) if the candidate declares in that consent that they are qualified to be elected as mayor by virtue of residing in a particular area, the address, or addresses, in full at which the candidate has so resided.

(10) 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 9(c);

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

Nomination papers: name of registered political party

7

(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 Timetable in rule 3.

(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 2000⁵⁷, or

(b) a description of the party registered under section 28A⁵⁸ 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 Timetable in rule 3.

(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 2000⁵⁹.

(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 electoral area is in England or Wales and the party was on the relevant day registered in respect of that part of Great Britain in the Great Britain register maintained under that Part of that Act.

(7) For the purposes of paragraph (6)(a), any day falling within rule 4(1) must be disregarded.

Subscription of nomination paper

8

(1) The nomination paper must be subscribed by two electors as proposer and seconder, and by twenty-eight other electors as assenting to the nomination.

(2) Where a nomination paper has the signatures of more than the required number of persons as proposing, seconding or assenting to the nomination of a candidate, the signature or signatures (up to the required number) 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.

(5) In this rule “elector”—

(a) means a person who is registered in the register of local government electors for the electoral area in question on the last day for the publication of notice of the election; and

(b) includes a person then shown in the register as below voting age if (but only if) it appears from the register that he will be of voting age on the day fixed for the poll.

(6) But, in this rule, “elector” does not include a person who has an anonymous entry in the register.

9

A person shall not be validly nominated unless his consent to nomination—

(a) is given in writing, on or within one month before the last day for the delivery of nomination papers,

(b) is in the appropriate form in the Appendix or a form to the like effect and includes—

(i) for a nomination in England, a copy of sections 80 , 81 and 81A of the Local Government Act 1972 , section 78A of the Local Government Act 2000 , section 34 of the Localism Act 2011 and section 30 of the Elections Act 2022; or

(ii) for a nomination in Wales, a copy of sections 80 and 81 of the Local Government Act 1972 and sections 78A and 79 of the Local Government Act 2000.

(d) is delivered at the place and within the time for the delivery of nomination papers.

Deposits

10

(1) A person shall not be validly nominated unless the sum of £500 is deposited by him or on his behalf, with the returning officer at the place and within the time for delivery of nomination papers.

(2) The deposit may be made either—

(a) by the deposit of any legal tender, or

(b) by means of a banker’s draft, or

(c) with the returning officer’s consent, in any other manner (including by means of a debit or credit card or the electronic transfer of funds),

but the returning officer may refuse to accept a deposit sought to be made by means of a banker’s draft if he does not know that the drawer carries on business as a banker in the United Kingdom.

(3) Where the deposit is made on behalf of the candidate, the person making the deposit must at the time he makes it give his name and address to the returning officer (unless they have previously been given to him under section 67 (appointment of election agent) of the 1983 Act).

Decisions as to validity of nomination papers and home address forms

11

(1) Where a nomination paper and the candidate’s consent to nomination and home address form are delivered in accordance with these Rules, the candidate shall be deemed to stand nominated unless and until—

(a) the returning officer decides that the nomination paper is invalid, or

(aa) the returning officer decides that the candidate’s home address form—

(i) does not comply with the requirements of rule 6(6) or (8), or

(ii) if the form contains a statement under rule 6(7)(a), does not comply with the signature requirement in that rule or the requirements of rule 6(7)(b), or

(b) proof is given to the returning officer’s satisfaction of the candidate’s death, or

(2) The returning officer is entitled to hold the nomination paper of a person invalid only on one of the following grounds—

(a) that the particulars of the candidate or of the persons subscribing the paper are not as required by law; ...

(b) that the paper is not subscribed as so required.

(c) in the case of a mayoral election held in England, that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.

(3) Subject to paragraph (4), the returning officer must, as soon as practicable after each nomination paper has nomination paper and home address form have been delivered, examine them and decide whether the candidate has been validly nominated.

(4) If in the returning officer’s opinion a nomination paper breaks rule 7(1) or (3), he must give a decision to that effect—

(a) as soon as practicable after the delivery of the nomination paper, and

(b) in any event, before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers set out in the Timetable in rule 3.

(5) Where the returning officer decides that a nomination paper is invalid, he must endorse and sign on the paper the fact and the reasons for his decision.

(6) The returning officer must send notice of his decision that a nomination paper is valid or invalid to each candidate at his home address as given in his nomination paper home address form.

(7) The returning officer’s decision that a nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.

(8) Subject to paragraph (7), nothing in this rule prevents the validity of a nomination being questioned on an election petition.

Publication of statement of persons nominated

12

(1) The returning officer must prepare and publish a statement showing the persons who have been and stand nominated and any other persons who have been nominated, with the reason why they no longer stand nominated.

(2) The statement must show the names, addresses and descriptions of the persons nominated as given in their nomination papers and home address forms.

(3) If a person’s nomination paper gives a commonly used surname or forename in accordance with rule 6(4), the statement must show the person’s commonly used surname or forename (as the case may be) instead of the other surname or forename.

(4) Paragraph (3) does not apply if the returning officer thinks—

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