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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

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(1) At the time of the application for a ballot paper (but not afterwards), the questions specified in the second column of the following Table—

(a) may be put by the presiding officer to a person applying for a ballot paper who is mentioned in the first column, ...

(b) in relation to a mayoral election held in Wales, must be put if the letter “R” appears after the question and the candidate or his election or polling agent requires the question to be put: and

(i) (where applicable) the person has answered the previous question in the manner indicated, and

(ii) the letter “R” appears after the question and the candidate or the candidate’s election or polling agent requires the question to be put:

Q. No.	Person applying for ballot paper	Question
1	A person applying as an elector	At a mayoral election held in England, “What is your name?”At a mayoral election held in England, “What is your address?” — Are you the person registered in the register of local government electors for this election as follows?read the whole entry from the register [R]—Have you already voted here or elsewhere at this election otherwise than as proxy for some other person? [R]
2	A person applying as proxy	At a mayoral election held in England, “What is your name?”At a mayoral election held in England, “What is your address?” —Are you the person whose name appears as A.B. in the list of proxies for this election as entitled to vote as proxy on behalf of C.D.? [R]—Have you already voted here or elsewhere at this election as proxy on behalf of C.D.? [R] In relation to a mayoral election held in Wales: —Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of C.D.? [R] In relation to a mayoral election held in England: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors?” [R]If the person answers question (d) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]If the person answers question (e) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]If the person answers question (f) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]
3	A person applying as proxy for an elector with an anonymous entry (instead of the questions at entry 2)	At a mayoral election held in England, “What is your name?”At a mayoral election held in England, “What is your address?” —Are you the person entitled to vote as proxy on behalf of the elector whose number on the register of electors is (read out the number)? [R]—Have you already voted here or elsewhere as proxy on behalf of the elector whose number on the register of electors is (read out the number)? [R]In relation to a mayoral election held in Wales:—Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the person whose number on the register of electors is (read out the number)? [R] In relation to a mayoral election held in England: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors?” [R]If the person answers question (d) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]If the person answers question (e) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]If the person answers question (f) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]
4	In relation to a mayoral election held in Wales: A person applying as proxy if the question at entry 2(c) or 3(c) is not answered in the affirmative	Have you already voted at this election on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild?. [R]
5	A person applying as an elector in relation to whom there is an entry in the postal voters list	At a mayoral election held in England, “What is your name?”At a mayoral election held in England, “What is your address?” —Did you apply to vote by post?—Why have you not voted by post?
6	A person applying as proxy who is named in the proxy postal voters list	At a mayoral election held in England, “What is your name?”At a mayoral election held in England, “What is your address?” —Did you apply to vote by post as proxy?—Why have you not voted by post as proxy?

(2) In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references in the questions at entries 1(a) and 3(a), (b) and (c) to reading from the register shall be taken as references to reading from the notice issued under section 13B(3B) or (3D) of the 1983 Act.

(2A) In the case of a mayoral election held in England, where a clerk—

(a) gives a person the required information (see paragraph (5)),

(b) puts a question specified in paragraph (1) to the person, and

the clerk must refer the matter to the presiding officer, who must put the question to the person again.

(3) In the case of a mayoral election in Wales, a ballot paper must not be delivered to any person required to answer any of the above questions unless he has answered each question satisfactorily.

(3A) In the case of a mayoral election held in England, where the presiding officer—

(a) gives a person the required information,

(b) puts a question specified in paragraph (1) to the person (whether or not following a referral under paragraph (2A)), and

the officer must refuse to deliver a ballot paper to the person (and see rule 41A (procedure where ballot paper is refused under this paragraph)).

(3B) For the purposes of this rule, a person answers the question “What is your name?” or “What is your address?” satisfactorily if—

(a) where one of those questions is put, the answer matches a name or address (as the case may be) in the register of local government electors;

(b) where both those questions are put, the answers match a name and address in that register that relate to the same person.

(3C) In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references to the register in paragraph (3B) are to be read as references to the notice issued under section 13B(3B) or (3D).

(4) Except as authorised by this rule, no inquiry shall be permitted as to the right of any person to vote (and for the purposes of this paragraph, an inquiry relating to the production of identification by a voter is not to be regarded as an inquiry as to the right of the person to vote).

(5) For the purposes of this rule, a person to whom any question is to be put is given “the required information” if the person is first informed that—

(a) a ballot paper will be refused if the person fails to answer each question satisfactorily, and

(b) giving false information may be an offence.

Challenge of voter

36

A person must not be prevented from voting by reason only that—

(a) a candidate or his election or polling agent declares that he has reasonable cause to believe that the person has committed an offence of personation, or

(b) the person is arrested on the grounds that he is suspected of committing or of being about to commit such an offence.

Voting procedure

37

(1) Subject to rule 35(3A) and to paragraphs (1A) to (1N), a ballot paper must be delivered to a voter who applies for one, and immediately before delivery—

(a) in the case of a mayoral election in Wales only, the number and (unless paragraph (2) applies) name of the elector as stated in the copy of the register of electors must be called out;

(b) the number of the elector must be marked on the list mentioned in rule 28(4)(d) beside the number of the ballot paper to be issued to him;

(c) a mark must be placed in the copy of the register of electors against the number of the elector to note that a ballot paper has been received but without showing the particular ballot paper which has been received;

(d) in the case of a person applying for a ballot paper as proxy, a mark must also be placed against his name in the list of proxies.

(1A) Paragraphs (1B) to (1N) apply in the case of a mayoral election held in England.

(1B) A ballot paper must not be delivered to a voter unless the voter produces a specified document to the presiding officer or a clerk.

(1C) The presiding officer or clerk must arrange for the voter to produce any document in a private area of the polling station if the voter so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter.

(1D) Paragraph (1E) applies in relation to a voter where—

(a) the voter produces a specified document to a clerk and the clerk decides that the document raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or

(b) the voter produces a document to a clerk that the clerk reasonably suspects to be a forged document.

(1E) Where this paragraph applies, the clerk must refer the matter and produce the document to the presiding officer, who must proceed as if the voter had produced the document to the presiding officer in the first place.

(1F) The presiding officer must refuse to deliver a ballot paper to a voter where—

(a) the voter produces a specified document to the officer and the officer decides that the document raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or

(b) the voter produces a document to the officer that the officer reasonably suspects to be a forged document.

(1G) Paragraph (1F)(a) does not apply where—

(a) a discrepancy between the name of the holder of a specified document and the name of the elector or proxy that the voter claims to be is resolved to the presiding officer’s satisfaction at the time of the application by the voter producing further proof of identity, and

(b) the presiding officer has no other reason (arising from any document produced by the voter) to doubt that the voter is the elector or proxy that the voter claims to be.

(1H) The refusal to deliver a ballot paper to a voter under paragraph (1F) does not prevent the voter making a further application under paragraph (1), and paragraphs (1B) to (1G) apply on any further application.

(1I) In this rule, a “forged document” means a false document made to resemble a specified document.

(1J) In this rule, a “specified document”—

(a) except in the case of a voter who has an anonymous entry in the register of electors, means a document which for the time being falls within the list specified in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary elections rules);

(b) in the case of a voter who has an anonymous entry in the register of electors, means an anonymous elector’s document which—

(i) was issued by the registration officer for the local authority in whose area the election is held, and

(ii) contains the number—

(aa) allocated to the voter as stated in the copy of the register of electors, or

(bb) where an entry relating to the voter is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice.

(1K) Subject to paragraph (1L), a reference in this rule to a document that is a specified document is a reference to the document regardless of any expiry date relating to it.

(1L) Paragraph (1K) does not apply to a temporary electoral identity document where the date of the poll for the election is after the date for which the document is issued.

(1M) No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s identity, except as permitted by the voter.

(1N) References in this rule to producing a document are to producing it for inspection.

(2) In the case of an elector in respect of a mayoral election in Wales who has an anonymous entry, he must show the presiding officer his official poll card and only his number shall be called out in pursuance of paragraph (1)(a).

(3) In the case of an elector who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (1) is modified as follows—

(a) in sub-paragraph (a), for “copy of the register of electors” substitute “copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act”;

(b) in sub-paragraph (c), for “in the register of electors” substitute “on the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act”.

(4) The voter, on receiving the ballot paper, must forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and must then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper so folded up into the ballot box in the presiding officer’s presence.

(5) The voter must vote without undue delay, and must leave the polling station as soon as he has put his ballot paper into the ballot box.

(6) The same copy of the register of electors which is used under paragraph (1) for the mayoral election or, where paragraph (3) applies, the same copy of the notice issued under section 13B(3B) or (3B) in the 1983 Act, may be used for each relevant election or referendum, and—

(a) one mark may be placed in that copy of the register or on that notice under paragraph (1)(c) or in the list of proxies under paragraph (1)(d) to denote that a ballot paper has been issued in respect of each election or referendum; but

(b) where a ballot paper has not been issued in respect of a relevant election or referendum, a different mark must be placed in the copy of that register or, as the case may be, on that notice or in that list so as to identify each election or referendum in respect of which a ballot paper was issued.

(7) A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purposes of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.

Votes marked by presiding officer

38

(1) Subject to paragraph (1A), the presiding officer, on the application of a voter—

(a) who is incapacitated by blindness or other disability from voting in the manner directed by these Rules, or

(b) who declares orally that he is unable to read,

must, in the presence of the polling agents, cause the voter’s vote to be marked on a ballot paper in the manner directed by the voter, and the ballot paper to be placed in the ballot box.

(1A) Paragraphs (1B) to (1N) of rule 37 apply in the case of a voter at a mayoral election held in England who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 37(1), but as if—

(a) references to delivering a ballot paper to a voter were to causing a voter’s vote to be marked on a ballot paper, and

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

(2) The name and number on the register of electors of every voter whose vote is marked in pursuance of this rule, and the reason why it is so marked, must be entered on a list (in these Rules called “the list of votes marked by the presiding officer”).

(3) 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.

(4) 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[^f00075], paragraph (2) applies as if for “on 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”.

(5) The same list may be used for the mayoral election and each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election or referendum, unless the list identifies the election or referendum at which the ballot paper was so marked.

Voting by persons with disabilities

39

(1) If a voter makes an application to the presiding officer to be allowed, on the ground of—

(a) blindness or other disability, or

(b) inability to read,

to vote with the assistance of another person by whom he is accompanied (in these Rules referred to as “the companion”), the presiding officer must require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or other disability, or by his inability to read, as to be unable to vote without assistance.

(2) Subject to paragraph (2A), if the presiding officer—

(a) is satisfied that the voter is so incapacitated, and

(b) is also satisfied by a written declaration made by the companion (in these Rules referred to as “the declaration made by the companion of a voter with disabilities”) that the companion—

(i) is a qualified person within the meaning of this rule; and

(ii) has not previously assisted more than one voter with disabilities to vote at the election,

the presiding officer must grant the application, and then anything which is by these Rules required to be done to or by that voter in connection with the giving of his vote may be done to, or with the assistance of, the companion.

(2A) Paragraphs (1B) to (1N) of rule 37 apply in the case of a voter at a mayoral election held in England who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 37(1), but as if—

(a) references to delivering a ballot paper to a voter were to granting a voter’s application, and

(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 same list may be used for the mayoral election and each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that the votes were so given in respect of each election or referendum, unless the list identifies the election or referendum at which the vote was so given.

(8) 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

(9) 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) The same list may be used for the mayoral election and each relevant election or referendum and, where it so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each election or referendum, unless the list identifies the election or referendum at which a tendered ballot paper was marked.

(4) 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.

(5) 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).

(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, 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

(1) 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.

(2) The same list may be used for each relevant election or referendum and, where it so used, an entry in that list shall be taken to mean that ballot papers were issued in respect of each election or referendum, unless the list identifies the election or referendum for which a ballot paper was issued.

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 who discharges the functions specified in regulation 5 of the Combinations of Polls Regulations.

(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 appointed for the purposes of the mayoral election and those appointed for the purposes of each relevant election or referendum, 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 contents of the packets referred to in sub-paragraphs (b), (c) and (f) of paragraph (1) above must not be combined with the contents of the packets made under the corresponding rule that applies at any relevant election or referendum; nor shall the statement prepared under paragraph (5) below be so combined.

(3) References to the returning officer in paragraph (1) above are references to the returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations.

(4) 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.

(5) 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) Where the returning officer at the mayoral election discharges the functions specified in regulation 5 of the Combination of Polls Regulations, he must—

(a) make arrangements for—

(i) discharging the functions referred to in rule 47(1) in the presence of the counting agents appointed for the purposes of the mayoral election and those appointed for the purpose of each relevant election or referendum as soon as practicable after the close of the poll, and

(ii) thereafter counting the votes at the mayoral election in the presence of the agents appointed for the purpose of that election, and

(b) give to the counting agents appointed for the purposes of the mayoral election and those appointed for the purpose of each relevant election or referendum notice in writing of the time and place at which he will begin to discharge the functions under rule 47(1).

(2) Where the returning officer at the mayoral election does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations, he shall—

(a) make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the delivery of the ballot papers to him by the person who does discharge those functions; and

(b) give to the counting agents notice in writing of the time, if by then he has received the ballot papers, and of the place at which he will begin to count the votes; and

(3) 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, and

(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 under rule 47(2) to (13), unless permitted by the returning officer to attend.

(4) No person other than a person entitled to be present at the counting of the votes at the mayoral election under rule 47(2) to (13) or at a relevant election or referendum may be present at the proceedings under rule 47(1) unless permitted by the returning officer to attend.

(5) A person not entitled to attend at the proceedings under rule 47(1) or the counting of the votes under rule 47(2) to (13) shall not be permitted to do so by the returning officer unless he—

(a) is satisfied that the efficient separation of the ballot papers or, as the case may be, 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.

(6) 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.

(7) 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) Where the returning officer at the mayoral election discharges the functions specified in regulation 5 of the Combination of Polls Regulations, he must—

(a) in the presence of the counting agents appointed for the purposes of the mayoral election and each relevant election or referendum open each ballot box and count and record separately the number of ballot papers used in each election;

(b) in the presence of the election agents appointed for the purposes of the mayoral election and each relevant election or referendum verify each ballot paper account;

(c) count such of the postal ballot papers as have been duly returned and record separately the number counted at the mayoral election and each relevant election or referendum;

(d) separate the ballot papers relating to the mayoral election from the ballot papers relating to each relevant election or referendum;

(e) make up into packets the ballot papers for each relevant election or referendum and seal them up into separate containers endorsing on each a description of the area to which the ballot papers relate;

(f) deliver or cause to be delivered to the returning officer for the relevant election or referendum to which the ballot papers relate—

(i) those containers, together with a list of them and of the contents of each; and

(ii) the ballot paper accounts together with a copy of the statement as to the result of their verification in respect of that election; and

(g) at the same time deliver or cause to be delivered to that officer packets that so relate containing—

(i) the unused and spoilt ballot papers,

(ii) the tendered ballot papers.

(iii) the certificates as to employment on duty on the day of the poll.

(2) After completion of the proceedings under paragraph (1), the returning officer shall mix together all of the ballot papers used at the mayoral election and count the votes given on them.

(3) Where separate ballot boxes are used, no vote for any candidate shall be rendered invalid by the ballot paper being placed in the ballot box intended for use at any relevant election or referendum.

(4) Where the returning officer at the mayoral election does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations, he must—

(a) on receipt of containers containing the ballot papers from the returning officer who does discharge those functions, and after the time specified in the notice given under rule 46(2), in the presence of the counting agents, open each container;

(b) where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at a relevant election or referendum under regulation 65 of the Elections Regulations, or under that regulation as applied by these Regulations or regulations made under sections 9MG and 105 or sections 45 and 105 of the Local Government Act 2000([^f00076], count such of the postal ballot papers as have been duly returned and record the number counted; and

(c) mix together the postal ballot papers and the ballot papers from all of the containers and count the votes given on them.

(5) Paragraph (12) does not apply to proceedings under paragraph (4).

(6) The returning officer at a mayoral election in Wales must 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

(6A) The returning officer at a mayoral election in England must then count the votes given on the ballot papers.

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

(a) it is returned in the manner set out in paragraph (8) and reaches the returning officer or any polling station in the appropriate electoral area before the close of the poll;

(b) the postal voting statement, duly signed, is also returned in the manner set out in paragraph (8) 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 Act[^f00077], the returning officer (having taken such steps) verifies the date of birth and signature of the elector or proxy 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.

(8) 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.

(8A) 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.

(9) The appropriate electoral area in respect of any voter shall be—

(a) the area which is common to the parliamentary constituency, electoral area, ... local authority area or voting area (as the case may be) in which the polls at the mayoral election and any relevant election or referendum are being taken together; and

(b) in respect of which polls the voter has been issued with a postal ballot paper.

(10) The returning officer must not count any tendered ballot papers.

(11) While counting and recording the number of ballot papers and counting the votes, the returning officer 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.

(12) 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.

(13) 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.

(14) 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 paragraphs (2) and (3), 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 votes shall be given, by way of a first preference vote, for not more than one of the candidates clearly appears;

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

and (in each 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 each 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 shall—

(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 shall—

(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(3) to (7), 47(10), (11), (13) and (14), 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 shall 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 must 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), 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 an election of the kind in question; 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 first calculation under rule 51, 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 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.

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

(a) tendered ballot papers, or

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

(b) certificates as to employment on duty on the day of the poll.

(3) Where the returning officer discharges the functions referred to in regulation 5 of the Combinations of Polls Regulations, he must also not open the sealed packets of—

(a) the completed corresponding number lists, or

(b) 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 lists of proxies.

Delivery and retention of documents

57

(1) The returning officer must then forward to the relevant registration officer 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,

(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, and

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.

(2) At an election where the returning officer does not discharge the functions referred to in regulation 5 of the Combination of Polls Regulations, paragraph (1) shall have effect as if sub-paragraphs (c), (d) and (f) were omitted.

(3) In this rule and in rules 58, 59 and 60 references to the relevant registration officer are to—

(a) the registration officer for the local authority in whose area the mayoral election is held;

(b) if the electoral area of the relevant election or referendum comprises any part of the area of more than one local authority, the registration officer of the local authority in whose area the greater or greatest (as the case may be) number of electors is registered;

(c) if the returning officer discharges the functions referred to in regulation 5 of the Combination of Polls Regulations, the registration officer of the local authority in whose area the mayoral election is held,

and for these purposes “local authority” does not include the Greater London Authority.

Orders for production of documents

58

(1) An order—

(a) for the inspection or production of any rejected ballot papers, 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 (local elections void etc. in England and Wales) of the 1983 Act[^f00078] apply in respect of any vacancy which remains unfilled.

(2) Neither the countermand of the poll at the mayoral election nor the direction that the poll be abandoned shall affect the poll at each relevant election or referendum.

(3) Where the poll at the mayoral election is abandoned by reason of a candidate’s death no further ballot papers shall be issued.

(4) Subject to paragraph (6), at the close of the poll at any relevant election or referendum the presiding officer 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 would be required to do if the poll at the mayoral election had not been abandoned.

(5) The returning officer must dispose of ballot papers used at the mayoral election (at which the candidate has died) as he is required to do on the completion in due course of the counting of the votes subject to paragraphs (6) and (7).

(6) It is not necessary for any ballot paper account at that election to be prepared or verified.

(7) The returning officer, having separated the ballot papers relating to each relevant election or referendum must take no step or further step for the counting of the ballot papers used at the mayoral election (at which a candidate has died) or of the votes cast at that mayoral election.

(8) The returning officer must seal up all those ballot papers used at the mayoral election, 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.

(9) The provisions of these Rules as to the inspection, production, retention and destruction of ballot papers and other documents by the relevant registration officer relating to a poll at the mayoral election apply to any such documents relating to a poll abandoned by reason of a candidate’s death, subject to paragraphs (10) and (11).

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

(11) 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 of 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 4 — Free delivery of election addresses

1

In this Schedule—

“candidate” means a person who stands nominated as a candidate at the election;

“election” means an election for the return of an elected mayor;

“election address” shall be construed in accordance with paragraph 2;

“elector” in relation to an election, means a person entitled, in accordance with section 9HD(1) or 43(1) of the 2000 Act, to vote at that election;

“election booklet” shall be construed in accordance with paragraph 5;

“print” means print by whatever means (and “printer” shall be construed accordingly); and

“registered political party” means a party which was registered under Part 2 (registration of political parties) of the Political Parties, Elections and Referendums Act 2000[^f00079] at the time by which the notice of election is required to be published.

2

For the purposes of regulation 6 and this Schedule, an election address, in relation to a candidate, is a statement prepared by the candidate’s election agent which complies with the provisions of paragraphs 3 and 4.

3

(1) An election address must contain matter relating to the election only.

(2) In particular, an election address must not contain—

(a) any advertising material (other than material promoting the candidate as a candidate at the election);

(b) any other material appearing to be included with a view to commercial gain; or

(3) An election address may include representations of the registered emblem, or (as the case may be) one of the registered emblems, of a registered political party if the address is prepared on behalf of an authorised party candidate.

(4) Where an election address is prepared on behalf of an authorised party candidate, the address may contain a description registered under section 28A[^f00080] or, if the description is registered for use by candidates of two or more parties, under section 28B of the Political Parties, Elections and Referendums Act 2000.

(5) In sub-paragraph (3) “authorised party candidate”, in relation to a registered political party, means a candidate who has been authorised to use the emblem or description in question 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 for the election.

(6) An election address must—

(a) contain a statement to the effect that it has been prepared by the candidate’s election agent;

(b) give the name and address of the election agent; and

(7) Where a candidate’s home address has been withheld in accordance with rule 6(7) of Schedule 1 or Schedule 3 to these Regulations, the reference to the address of the candidate in sub-paragraph (6)(c) is to be read as a reference to the information mentioned in rule 6(7)(b).

4

(1) Subject to any requirements imposed by or under this paragraph, the format of a candidate’s election address may be determined by the candidate (and, in particular, may consist of a combination of words, pictures and artwork).

(2) An election address must be printed on not more than two sides of A5 paper, but if such an address is printed on two sides of such paper—

(a) it must, when submitted to the returning officer for inclusion in the election booklet, be accompanied by a second version printed on a single side of such paper; and

(b) if the total number of candidates from whom election addresses have been accepted by the returning officer by the last time for delivery of nomination papers for the election exceeds 15, the version to be included in the election booklet shall be the second version.

(3) An election address must—

(a) comply with such requirements as to typographical layout, margins and use of colour as the returning officer may determine; and

(b) comply with such other requirements as he may determine with a view to facilitating its reproduction as a page or pages of the election booklet.

(4) An election address must, when submitted to the returning officer for inclusion in the election booklet, be accompanied—

(a) where the address is to contain a photograph of the candidate, by two identical copies of the photograph, of which one is signed on the back by the candidate; and

(b) in any case, by such copies of anything contained in the address as the returning officer may reasonably require in connection with the reproduction of the address.

5

(1) For the purposes of this Schedule, the election booklet is a document prepared by the returning officer which contains the election addresses of all candidates who—

(a) desire their election addresses to be included in the booklet; and

(b) have submitted—

(i) those addresses, and

(ii) any additional material required under paragraph 4(4),

to the returning officer before the last time for the delivery of nomination papers for the election.

(2) If—

(a) it appears to the returning officer that any of the requirements of paragraphs 3 and 4 has not been complied with in relation to an election address, or

(b) a candidate fails to make the payment required by paragraph 8 in respect of an election address,

the returning officer shall decline to include the address in the election booklet.

6

(1) The order in which the candidates’ election addresses appear in the election booklet shall be determined by lot drawn by the returning officer as soon as reasonably practicable after the last time for the delivery of nomination papers for the election.

(2) The election booklet may include, in addition to candidates’ election addresses, a statement by the returning officer—

(a) explaining the nature and purpose of the election booklet;

(b) listing in alphabetical order, the names of all the candidates at the election (whether or not their election addresses are included in the booklet); and

(3) The election booklet must—

(a) contain a statement that it has been published by the returning officer; and

(b) give the name and address of the returning officer and those of the printer of the booklet.

(4) Subject to sub-paragraphs (1) to (3), the form of the election booklet shall be determined by the returning officer.

(5) The election agent of each candidate whose election address has been accepted by the returning officer for inclusion in the booklet shall be given an opportunity to attend at a time and place notified to him by the returning officer in order to check, and submit to the returning officer typographical corrections to, the proof of the candidate’s address.

(6) If the election agent of any such candidate fails to avail himself of that opportunity, the returning officer may—

(a) make such typographical corrections to the proof as appear to him to be appropriate; and

(b) proceed with the printing and distribution of the election booklet without further reference to the candidate or his election agent (and without incurring any liability for any errors in the candidate’s address).

(7) No person other than—

(a) the candidate on whose behalf an election address included in the election booklet was prepared, or

(b) the candidate’s election agent,

shall incur any civil or criminal liability in respect of the publication of that address in the election booklet or its dissemination in accordance with paragraph 7.

7

(1) Copies of the election booklet shall be delivered by the returning officer, in envelopes addressed to individual electors, at such time and by such means as the returning officer may determine.

(2) The returning officer may disseminate the contents of the election booklet by such other means as he may determine.

8

(1) Each candidate by whom an election address is submitted to the returning officer for inclusion in the election booklet shall pay to the returning officer such reasonable sum (which shall be the same for each such candidate) as the returning officer may determine by way of contribution towards the expenses incurred by him in respect of the printing of the election booklet.

(2) The payment required by sub-paragraph (1) shall be made at such time, and in such manner, as the returning officer may determine.

(3) A candidate shall be entitled to a full refund of any such payment if, but only if, the candidate has given notice of withdrawal of his candidature before the last time for the withdrawal of candidates.

(4) If the total amount of the payments made by candidates under this paragraph exceeds the total amount of the expenses incurred by the returning officer in respect of the printing of the election booklet, the returning officer shall

(a) divide the amount of the excess between those candidates in equal shares, and

(b) send to each of those candidates a payment in respect of his share.

9

(1) The amount of any payment made by a candidate under paragraph 8 (or, if sub-paragraph (4) of that paragraph applies, the net amount of any such payment after deducting the payment under that sub-paragraph) shall be taken, for the purposes of Part 2 (the Election campaign) of the 1983 Act (as modified for the purposes of mayoral elections by regulation 3(2) and (4) of, and Table 1 of Schedule 2 to, these Regulations), to be an amount of election expenses incurred by the candidate in relation to the election.

(2) Nothing in section 75(1) (restriction on third party election expenditure) of the 1983 Act (as modified as mentioned in sub-paragraph (1)) shall be taken to apply, in relation to any candidate, to any expenses incurred by the returning officer in consequence of the relevant provisions.

Signed

Signed by authority of the Secretary of State

Bridget Prentice, — Parliamentary Under Secretary of State — Department for Constitutional Affairs — 26th March 2007

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations re-enact Regulations made in 2002 (“the 2002 Regulations”) to make provision for the conduct of elections of mayors of county, district and London borough councils (in England) and county and county borough councils (in Wales) under the Local Government Act 2000 (c. 2) (“the 2000 Act”).

The principal changes made to the 2002 Regulations are to implement the changes made by the Electoral Administration Act 2006 (c. 22) (“the 2006 Act”) for mayoral elections.

Regulation 3 and Schedules 1 and 2 provide for the conduct of a mayoral election. The changes which reflect the 2006 Act are summarised at the end of this note.

The Mayoral Elections Rules as contained in Schedule 1 are similar to those which apply in relation to the election of councillors at local authority elections. They apply when the mayoral election is not combined with any other poll. However, each candidate’s nomination paper must be subscribed by 30 electors, and a deposit of £500 must be paid. If there are three or more mayoral candidates, the elected mayor will be returned under the supplementary vote system, for which provision is made in section 42(3) of, and Schedule 2 to, the 2000 Act. (The supplementary vote system is also used for the election of the Mayor of London under the Greater London Authority Act 1999 where there are three or more candidates.)

Regulation 3 and Schedule 2 also apply other electoral legislation, with modifications, to facilitate the conduct of mayoral elections. The reference in the 2002 Regulations to the Political Parties, Elections and Referendums Act 2000 (c. 41) was unnecessary and in consequence has been omitted from these Regulations.

Regulation 4 makes provision for the rules for the conduct of mayoral elections to be modified when combined with other polls. The rules for conducting such elections are again set out in full (the Mayoral Elections (Combination of Polls) Rules), in Schedule 3.

Regulation 5 provides for mayoral elections to be questioned using the same procedures (in Part 3 of the Representation of the People Act 1983 (c. 3)) that apply to the questioning of local authority elections.

Regulation 6 and Schedule 4 provide for the free delivery of election addresses. The provisions are generally comparable to those that apply at Greater London Authority elections. Candidates at mayoral elections who wish to have their election addresses included in the election booklet prepared and distributed by the returning officer are required to pay a contribution of such reasonable amount as the returning officer may determine towards the expenses incurred by the returning officer in printing the election booklet.

The provisions of the Mayoral Elections Rules and the Mayoral Elections (Combination of Polls) Rules (collectively, “the Rules”) which reflect changes made by the 2006 Act include the following.

The Rules reflect changes made to nomination procedures. Candidates may use their common names on nomination forms and papers. The rules on the use of authorised descriptions by candidates standing on behalf of registered political parties are amended to reflect amendments made to the Political Parties, Elections and Referendums Act 2000 (c. 41) (in sections 28A and 28B). Returning officers will be able to correct minor errors on nomination papers.

The Rules reflect new security measures introduced by the 2006 Act. Security markings on ballot papers are provided for; so too are unique identifying marks. Counterfoils on ballot papers are replaced by corresponding number lists. Requirements are imposed requiring postal voters and postal proxies to provide both their signature and date of birth when returning postal ballot papers.

The Rules reflect alterations as to the circumstances in which a person may give a tendered vote. New requirements are introduced as to the information and accessibility of information to be provided by returning officers to electors.

The Rules reflect changes made as to the persons who may be admitted to a polling station and the count to observe elections.

Amendments are made to provide for transmission of information to a presiding officer of alterations to the electoral register taking effect on the day of the poll. Amendments consequential upon the introduction of a scheme for the anonymous registration of certain electors are made.

The Rules reflect changes made regarding the retention and inspection of election documents after the poll.

The new forms which are appended to the Rules reflect the changes made by the 2006 Act.

Footnotes

[^f00001]: 2000 c.22.

[^f00002]: Subsections (3A) and (3B) of section 44 were inserted by the Political Parties, Elections and Referendums Act 2000 c.41 Schedule 21, paragraph 18(1), (2).

[^f00003]: S.I. 2002/185.

[^f00004]: S.I. 2004/225.

[^f00005]: S.I. 2005/2114.

[^f00006]: 1983 c.2.

[^f00007]: S.I. 2001/341, amended by S.I. 2001/1700, 2002/1871, 2004/226, 2006/752 and 2006/2910.

[^f00010]: See the Representation of the People Act 1983 (c.2); section 203(1) was amended by paragraphs 39(1) and (4) of Schedule 3 to the Greater London Authority Act 1999 (c.29).

[^f00011]: For the definition of “Parliamentary election”, see the Interpretation Act 1978 (c.30), Schedule 1.

[^f00012]: Section 35(1) was amended, and section 35(1A) inserted, by the Local Government (Wales) Act 1994 (c.19), Schedule 16, paragraph 68(7). Subsections (1), (1A) and (3) of section 35 are modified, for the purposes of mayoral elections, by regulation 3(2) of, and Table 1 in Schedule 2 to, these Regulations. For the definition of “proper officer”, relevant to section 35(3), see section 202(1) of the Representation of the People Act 1983, as substituted by the Greater London Authority Act 1999, Schedule 3, and section 270 of the Local Government Act 1972 (c.70).

[^f00013]: For the definition of “elected mayor”, see section 39(1) of the Local Government Act 2000. For other provisions of that Act relevant to mayoral elections and voting at such elections, see, in particular, sections 41 to 43.

[^f00014]: 2000 c.2.

[^f00015]: 2006 c.22.

[^f00016]: Provisions as to the combination of polls at elections, including mayoral elections, are contained in section 36 of the Representation of the People Act 1983 (as applied by Schedule 2 of these Regulations); section 15 of the Representation of the People Act 1985 (as similarly applied); and the Local Authorities (Conduct of Referendums) (England) (Regulations) 2001.

[^f00017]: The definition of “local government Act” is to be found in section 203(1) of the Representation of the People Act 1983.

[^f00018]: As to the persons entitled to vote at mayoral elections, see section 43(1) of the Local Government Act 2000.

[^f00019]: 1971 c.80.

[^f00020]: Section 28 of the Political Parties, Elections and Referendums Act 2000 (c.41) was amended by S.I. 2004/366 and by section 48 of the Electoral Administration Act 2006 (c.22).

[^f00021]: Section 28A of the Political Parties, Elections and Referendums Act 2000 (c.41) was inserted by section 49(1) of the Electoral Administration Act 2006 (c.22).

[^f00022]: Section 28B of the Political Parties, Elections and Referendums Act 2000 (c.41) was inserted by section 49(1) of the Electoral Administration Act 2006 (c.22).

[^f00023]: See the Representation of the People (England and Wales) Regulations 2001 S.I. 2001/341 as amended by S.I. 2002/1871, 2006/752 and S.I. 2006/2910.

[^f00024]: 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).

[^f00025]: 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).

[^f00026]: See regulation 84A of the Representation of the People (England and Wales) Regulations 2001 S.I. 2001/341 as amended by S.I. 2006/2910.

[^f00027]: Sections 6A to 6F of the Political Parties, Elections and Referendums Act 2000 (c.41) were inserted by section 29 of the Electoral Administration Act 2006 (c.22).

[^f00028]: 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).

[^f00029]: See regulations 85 and 85A of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341), which were inserted by S.I. 2006/2910.

[^f00030]: Subsection (1) of section 39 was amended by the Local Government Act 1985 (c.51), Schedule 17, and the Representation of the People Act 1985 (c.50), section 19(2).

[^f00031]: Subsection (1) of section 31 was amended by the Local Government Act 1985 (c.51), Schedule 17, and the Local Government (Wales) Act (c.19), Schedule 16. Subsection (1A) was inserted by the Local Government (Wales) Act 1994, Schedule 16.

[^f00032]: Subsection (1) was amended, and subsection (1A) inserted, by the Local Government (Wales) Act 1994, Schedule 16.

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