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

[^key-95b9a9741e5293fa141560244537c7b5]: Sch. 1 Appendix Form 8A substituted (4.12.2024) by The Voter Identification (Amendment of List of Specified Documents) Regulations 2024 (S.I. 2024/1275), reg. 1(1), Sch. 3 Pt. 1 (with reg. 1(5)-(7))

[^key-158823fc1743fd3921b0dd07d3e1dd96]: Sch. 1 Appendix Form 10A substituted (4.12.2024) by The Voter Identification (Amendment of List of Specified Documents) Regulations 2024 (S.I. 2024/1275), reg. 1(1), Sch. 3 Pt. 1 (with reg. 1(5)-(7))

[^key-61281a1dc4ba97f7a1ac032fc5045778]: Sch. 3 Appendix Form 8A substituted (4.12.2024) by The Voter Identification (Amendment of List of Specified Documents) Regulations 2024 (S.I. 2024/1275), reg. 1(1), Sch. 3 Pt. 2 (with reg. 1(5)-(7))

[^key-603647978e270adb125bb12f768af608]: Sch. 3 Appendix Form 10A substituted (4.12.2024) by The Voter Identification (Amendment of List of Specified Documents) Regulations 2024 (S.I. 2024/1275), reg. 1(1), Sch. 3 Pt. 2 (with reg. 1(5)-(7))

SCHEDULE2A — Modification to a provision in the Representation of the People Act 1983 where a mayoral election is taken alone or together with a police and crime commissioner election

TABLE — The Representation of the People Act 1983

(1) Provision

(2) Modification

Section 199B (translation of certain documents)

In subsection (6), insert after paragraph (b)— “(ba) 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.”

SCHEDULE 3A — Modifications to Schedule 3 where a mayoral election is taken together with a police and crime commissioner election

Interpretation

1

In this Schedule, “the PCC Elections Order” means the Police and Crime Commissioner Elections Order 2012.

Modifications to Schedule 3

2

The modifications referred to in regulation 4(2) are those in paragraphs 3 and 4 of this Schedule.

Notice to be displayed in polling station compartments

3

In rule 28(10) of Schedule 3 (equipment of polling stations) from “there shall be exhibited the notice” to the end substitute “the notice at Form 21 in Part 4 of Schedule 4 to the PCC Elections Order must be exhibited”.

Forms

4

In the Appendix of Forms in Schedule 3—

• (a) for Form 3 (ballot paper (two candidates)) including the directions as to printing, substitute Form 3 in the Appendix of Forms in Schedule 1 including the directions as to printing;

• (b) for Form 4 (ballot paper (three or more candidates)) including the directions as to printing, substitute Form 4 in the Appendix of Forms in Schedule 1 including the directions as to printing;

• (c) for Form 7(1) (postal voting statement for use when there is a joint issue and receipt of postal ballot papers) substitute Form 3 in Part 4 of Schedule 2 to the PCC Elections Order;

• (d) for Form 7(2) (postal voting statement for use when a mayoral election is combined with another poll but the postal ballot papers are not combined) substitute the form in the Appendix to this Schedule;

• (e) for Form 8 (official poll card) substitute Form 8 in the Appendix of Forms in Schedule 1;

• (f) for Form 9 (official postal poll card) substitute Form 9 in the Appendix of Forms in Schedule 1;

• (g) for Form 10 (official proxy poll card) substitute Form 10 in the Appendix of Forms in Schedule 1;

• (h) for Form 11 (official proxy postal poll card) substitute Form 11 in the Appendix of Forms in Schedule 1;

• (i) for Form 12 (directions for the guidance of voters) substitute Form 22 in Part 4 of Schedule 4 to the PCC Elections Order;

• (j) for Form 13 (certificate of employment) substitute Form 13 in the Appendix of Forms in Schedule 1;

• (k) for Form 14 (declaration to be made by the companion of a voter with disabilities) substitute Form 23 in Part 4 of Schedule 4 to the PCC Elections Order.

APPENDIX

Inspection of home address forms

13A

• (1) During ordinary office hours on any day, other than a day specified in rule 4(1), after the latest time for delivery of nomination papers and before the date of the poll, a specified person may inspect the home address forms.

• (2) The specified persons are—

• (a) any person standing nominated as a candidate in the same electoral area, or

• (b) the election agent, proposer or seconder of such a person.

• (3) But where a candidate acts as their own election agent, the candidate may nominate another person who shall be entitled to inspect the forms.

• (4) Where a person stands nominated by more than one nomination paper, only the persons subscribing as proposer and seconder—

• (a) to such one of those papers as the candidate may select, or

• (b) in default of such a selection, to that one of those papers which is first delivered in accordance with rule 6(2),

are entitled to inspect the forms as the candidate’s proposer and seconder.

• (5) Nothing in this rule permits any person to take a copy of, or extracts from, any home address forms.

• (6) The returning officer must not permit a home address form to be inspected otherwise than in accordance with this rule, or for some other purpose authorised by law.

Correction of minor errors

Withdrawal of candidature

Method of election

Destruction of home address forms

59A

• (1) The returning officer must destroy each candidate’s home address form—

• (a) on the next working day following the 35th day after the officer returns the name of the mayor elected, or

• (b) if an election petition questioning the election or return is presented before that day, on the next working day following the conclusion of proceedings on the petition or on appeal from such proceedings.

• (2) In this rule, “working day” means a day other than—

• (a) a Saturday or Sunday,

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

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

• (3) For the purposes of paragraph (2), “bank holiday” has the meaning given in rule 4(2).

Inspection of home address forms

13A

• (1) During ordinary office hours on any day, other than a day specified in rule 4(1), after the latest time for delivery of nomination papers and before the date of the poll, a specified person may inspect the home address forms.

• (2) The specified persons are—

• (a) any person standing nominated as a candidate in the same electoral area, or

• (b) the election agent, proposer or seconder of such a person.

• (3) But where a candidate acts as their own election agent, the candidate may nominate another person who shall be entitled to inspect the forms.

• (4) Where a person stands nominated by more than one nomination paper, only the persons subscribing as proposer and seconder—

• (a) to such one of those papers as the candidate may select, or

• (b) in default of such a selection, to that one of those papers which is first delivered in accordance with rule 6(2),

are entitled to inspect the forms as the candidate’s proposer and seconder.

• (5) Nothing in this rule permits any person to take a copy of, or extracts from, any home address form.

• (6) The returning officer must not permit a home address form to be inspected otherwise than in accordance with this rule, or for some other purpose authorised by law.

Correction of minor errors

Withdrawal of candidature

Method of election

Destruction of home address forms

59A

• (1) The returning officer must destroy each candidate’s home address form—

• (a) on the next working day following the 35th day after the officer returns the name of the mayor elected, or

• (b) if an election petition questioning the election or return is presented before that day, on the next working day following the conclusion of proceedings on the petition or on appeal from such proceedings.

• (3) In this rule, “working day” means a day other than—

• (a) a Saturday or Sunday,

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

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

• (4) For the purposes of paragraph (3), “bank holiday” has the meaning given in rule 4(2).

The count of second preference votes —mayoral elections in Wales

The count of second preference votes —mayoral elections in Wales

Refusal to deliver ballot paper: mayoral elections in England

41A

• (1) This rule applies in relation to a mayoral election held in England.

• (2) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as an elector, the officer or a clerk must enter on the ballot paper refusal list—

• (a) the voter’s electoral number, and

• (b) against that number, the reason for the refusal.

• (3) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as a proxy, the officer or a clerk must enter on the ballot paper refusal list—

• (a) the name and address of the voter, and

• (b) against those details, the reason for the refusal.

• (4) Paragraphs (5) and (6) apply where—

• (a) a presiding officer refuses to deliver a ballot paper to a voter under rule 37(1F), and

• (b) the voter makes a further application as permitted by rule 37(1H).

• (5) If a ballot paper is delivered to the voter following that application, the presiding officer or a clerk must note that fact on the ballot paper refusal list.

• (6) If the presiding officer again refuses to deliver a ballot paper to the voter, the presiding officer or a clerk must note that fact on the ballot paper refusal list.

• (7) Entries required by this rule to be made on the ballot paper refusal list must be made as soon as practicable after delivery of a ballot paper to a voter is refused (or, in the case mentioned in paragraph (5), as soon as practicable after the delivery of a ballot paper to a voter).

• (8) For the purposes of paragraph (2)(a), a person’s “electoral number” is the number—

• (a) allocated to the person as stated in the copy of the register of electors, or

• (b) where an entry relating to the person 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.

• (9) Subject to rule 37(1H) and paragraph (10), a refusal to deliver a ballot paper to a voter is final and may not be questioned in any proceeding whatsoever.

• (10) A refusal to deliver a ballot paper to a voter is subject to review on an election petition.

• (11) In this rule—

• (a) except in paragraph (4)(a), any reference to the refusal to deliver a ballot paper (however expressed) is to the refusal to do so under rule 35(3A) or 37(1F), and

• (b) any reference to paragraph (1F) or (1H) of rule 37 includes a reference to that paragraph as applied by rule 38, 39 or 40.

Collection and disclosure of information relating to applications made under rules 37 to 40 at mayoral elections in England

41B

• (1) This rule applies in relation to a mayoral election to which the Secretary of State’s duty under section 59A(4) of the 1983 Act (reports on voter identification requirements in respect of local government elections) applies by virtue of subsection (5A) of that section.

• (2) The presiding officer must—

• (a) collect the information described in regulation 34 of the Voter Identification Regulations 2022 (collection of information by presiding officer) relating to applications made under rules 37(1), 38(1), 39(1) or 40(1), and

• (b) provide that information to the returning officer as soon as practicable after the close of the poll.

• (3) The returning officer must forward the information to the relevant registration officer.

• (4) As soon as reasonably practicable after receiving the information the relevant registration officer must—

• (a) anonymise the information by removing from it all names and electoral numbers of the people to whom the information relates, and

• (b) collate the information in accordance with regulation 35 of the Voter Identification Regulations 2022 (collation of information by relevant registration officer).

The information as anonymised and collated in accordance with this paragraph is referred to in the rest of this rule as “the paragraph (4) information”.

• (5) The relevant registration officer must provide the paragraph (4) information—

• (a) to the Secretary of State, as soon as reasonably practicable after taking the steps required by paragraph (4), and

• (b) where they request the information, to the Electoral Commission.

• (6) The relevant registration officer must not disclose the paragraph (4) information otherwise than in accordance with paragraph (5).

• (7) The relevant registration officer must retain the information anonymised in accordance with paragraph (4)(a) for at least 10 years.

• (8) For the purpose of paragraph (4)(a), a person’s “electoral number” is the number—

• (a) allocated to the person as stated in the copy of the register of electors, or

• (b) where an entry relating to the person 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.

• (9) Except as provided by paragraph (10), a disclosure of information under this rule does not breach—

• (a) any obligation of confidence owed by the presiding officer, the returning officer or a registration officer, or

• (b) any other restriction on the disclosure of information (however imposed).

• (10) Nothing in this rule authorises the making of a disclosure that contravenes the data protection legislation (but in determining whether a disclosure would do so, the duties imposed by paragraphs (2) and (3) are to be taken into account).

• (11) In this rule—

• (a) “the data protection legislation” has the same meaning as in the Data Protection Act 2018;

• (b) references to the relevant registration officer are to the registration officer of the local authority in whose area the election is held.

Spoilt ballot papers

Correction of errors on day of poll

Adjournment of poll in case of riot

Procedure on close of poll

Attendance at the count

The first count

Rejected ballot papers

Decisions on ballot papers

Re-count

Procedure at conclusion of first count

Refusal to deliver ballot paper: mayoral elections in England

41A

• (1) This rule applies in relation to a mayoral election held in England.

• (2) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as an elector, the officer or a clerk must enter on the ballot paper refusal list—

• (a) the voter’s electoral number, and

• (b) against that number, the reason for the refusal.

• (3) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as a proxy, the officer or a clerk must enter on the ballot paper refusal list—

• (a) the name and address of the voter, and

• (b) against those details, the reason for the refusal.

• (4) Paragraphs (5) and (6) apply where—

• (a) a presiding officer refuses to deliver a ballot paper to a voter under rule 37(1F), and

• (b) the voter makes a further application as permitted by rule 37(1H).

• (5) If a ballot paper is delivered to the voter following that application, the presiding officer or a clerk must note that fact on the ballot paper refusal list.

• (6) If the presiding officer again refuses to deliver a ballot paper to the voter, the presiding officer or a clerk must note that fact on the ballot paper refusal list.

• (7) Entries required by this rule to be made on the ballot paper refusal list must be made as soon as practicable after delivery of a ballot paper to a voter is refused (or, in the case mentioned in paragraph (5), as soon as practicable after the delivery of a ballot paper to a voter).

• (8) For the purposes of paragraph (2)(a), a person’s “electoral number” is the number—

• (a) allocated to the person as stated in the copy of the register of electors, or

• (b) where an entry relating to the person 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.

• (9) Subject to rule 37(1H) and paragraph (10), a refusal to deliver a ballot paper to a voter is final and may not be questioned in any proceeding whatsoever.

• (10) A refusal to deliver a ballot paper to a voter is subject to review on an election petition.

• (11) In this rule—

• (a) except in paragraph (4)(a), any reference to the refusal to deliver a ballot paper (however expressed) is to the refusal to do so under rule 35(3A) or 37(1F), and

• (b) any reference to paragraph (1F) or (1H) of rule 37 includes a reference to that paragraph as applied by rule 38, 39 or 40.

Collection and disclosure of information relating to applications made under rules 37 to 40 at mayoral elections in England

41B

• (1) This rule applies in relation to a mayoral election to which the Secretary of State’s duty under section 59A(4) of the 1983 Act (reports on voter identification requirements in respect of local government elections) applies by virtue of subsection (5A) of that section.

• (2) The presiding officer must—

• (a) collect the information described in regulation 34 of the Voter Identification Regulations 2022 (collection of information by presiding officer) relating to applications made under rules 37(1), 38(1), 39(1) or 40(1), and

• (b) provide that information to the returning officer as soon as practicable after the close of the poll.

• (3) The returning officer must forward the information to the relevant registration officer.

• (4) As soon as reasonably practicable after receiving the information the relevant registration officer must—

• (a) anonymise the information by removing from it all names and electoral numbers of the people to whom the information relates, and

• (b) collate the information in accordance with regulation 35 of the Voter Identification Regulations 2022 (collation of information by relevant registration officer).

The information as anonymised and collated in accordance with this paragraph is referred to in the rest of this rule as “the paragraph (4) information”.

• (5) The relevant registration officer must provide the paragraph (4) information—

• (a) to the Secretary of State, as soon as reasonably practicable after taking the steps required by paragraph (4), and

• (b) where they request the information, to the Electoral Commission.

• (6) The relevant registration officer must not disclose the paragraph (4) information otherwise than in accordance with paragraph (5).

• (7) The relevant registration officer must retain the information anonymised in accordance with paragraph (4)(a) for at least 10 years.

• (8) For the purpose of paragraph (4)(a), a person’s “electoral number” is the number—

• (a) allocated to the person as stated in the copy of the register of electors, or

• (b) where an entry relating to the person 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.

• (9) Except as provided by paragraph (10), a disclosure of information under this rule does not breach—

• (a) any obligation of confidence owed by the presiding officer, the returning officer or a registration officer, or

• (b) any other restriction on the disclosure of information (however imposed).

• (10) Nothing in this rule authorises the making of a disclosure that contravenes the data protection legislation (but in determining whether a disclosure would do so, the duties imposed by paragraphs (2) and (3) are to be taken into account).

• (11) In this rule—

• (a) “the data protection legislation” has the same meaning as in the Data Protection Act 2018;

• (b) references to the relevant registration officer are to the registration officer of the local authority in whose area the election is held.

Spoilt ballot papers

Correction of errors on day of poll

Adjournment of poll in case of riot

Procedure on close of poll

Attendance at the count

The first count

Rejected ballot papers

Decisions on ballot papers

Re-count

Procedure at conclusion of first count