The Police and Crime Commissioner Elections Order 2012
- (4) Where postal ballot papers for more than one election or local referendum are issued together under paragraph 29, the officer to whom notice must be given under sub-paragraph (2), (3) or (5) is the returning or counting officer who issues the ballot papers.
- (5) If an agent dies or becomes incapable of acting, the candidate may appoint another agent and must forthwith give to the local returning officer notice in writing of the name and address of the agent appointed.
- (6) In this Part of this Schedule references to agents are to be taken as references to agents whose appointments have been duly made and notified and, in the case of agents appointed under sub-paragraph (1), who are within the number authorised by the local returning officer.
- (7) A candidate may do any act or thing which any agent of the candidate, if appointed, would have been authorised to do, or may assist such an agent in doing any such act or thing.
- (8) Where in this Part of this Schedule any act or thing is required or authorised to be done in the presence of the candidates or their agents, the non-attendance of any such persons or person at the time and place appointed for the purpose does not, if the act or thing is otherwise duly done, invalidate the act or thing done.
Notification of requirement of secrecy
34
The local returning officer must make such arrangements as the officer thinks fit to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy in writing of the provisions of paragraphs (6) and (8) of article 22 (requirement of secrecy).
Time when postal ballot papers are to be issued
35
Postal ballot papers and postal voting statements must be issued by the local returning officer as soon as it is practicable to do so.
Procedure on issue of postal ballot paper
36
- (1) The number of the elector as stated in the register must be marked on the corresponding number list, next to the number and unique identifying mark of the ballot paper issued to that elector.
- (2) A mark must be placed in the postal voters list or the proxy postal voters list against the number of the elector to denote that a ballot paper has been issued to the elector or the elector's proxy, but without showing the particular ballot paper issued.
- (3) The number of a postal ballot paper must be marked on the postal voting statement sent with that paper.
- (4) Where postal ballot papers for more than one election or local referendum are issued together under paragraph 29—
- (a) one mark must be placed in the postal voters list or the proxy postal voters list under sub-paragraph (2) to denote that ballot papers have been issued in respect of all those elections or local referendums except that, where postal ballot papers are not so issued, a different mark must be placed in the postal voters list or the proxy postal voters list to indicate the election or local referendum in respect of which the ballot paper was issued, and
- (b) the number of each ballot paper must be marked on the postal voting statement under sub-paragraph (3).
- (5) At a PCC election where the proceedings at that election and another election or a local referendum are taken together but the proceedings on the issue and receipt of postal ballot papers are not, the colour of the postal ballot paper must also be marked on the postal voting statement sent with the ballot paper.
- (6) Subject to sub-paragraph (7), the address to which the postal ballot paper, postal voting statement and the envelopes referred to in paragraph 38 are to be sent is—
- (a) in the case of an elector, the address shown in the postal voters list;
- (b) in the case of a proxy, the address shown in the proxy postal voters list.
- (7) Where a person has an anonymous entry in the register, the items specified in sub-paragraph (6) must be sent (as the case may be) to the address to which postal ballot papers should be sent as mentioned paragraph 4(2) or 7(7).
Refusal to issue postal ballot paper
37
Where a local returning officer is satisfied that two or more entries in the postal voters list, or the proxy postal voters list or in each of those lists relate to the same elector, the officer must not issue more than one ballot paper in respect of that elector at any one election.
Envelopes
38
- (1) Sub-paragraphs (2) and (3) prescribe the envelopes which must be issued to a postal voter in addition to the ballot paper and postal voting statement (which are issued under rule 25 of the PCC elections rules).
- (2) There must be issued an envelope for the return of the postal ballot paper or, as the case may be, ballot papers and the postal voting statement (referred to as a “covering envelope”) which is to be marked with the letter “B”.
- (3) There must also be issued a smaller envelope (referred to as a “ballot paper envelope”) which is to be marked with—
- (a) the letter “A”,
- (b) the words “ballot paper envelope”, and
- (c) unless the envelope has a window through which the number on the ballot paper (or ballot papers) can be displayed, the number of the ballot paper or, as the case may be, ballot papers.
- (4) Sub-paragraphs (5) and (6) apply where—
- (a) by virtue of provisions applied by article 13, the poll at a PCC election is taken together with the polls at an another election or local referendum, but
- (b) the proceedings on the issue and receipt of ballot papers are not taken together under paragraph 29.
- (5) The envelopes referred to in sub-paragraph (2) must also be marked “Covering envelope for the [insert colour of ballot paper] coloured ballot paper”.
- (6) On the envelopes referred to in in sub-paragraph (3), after the words “Ballot paper envelope”, the words “for the [insert colour of ballot paper] coloured ballot paper”.
Sealing up of completed corresponding number lists and security of special lists
39
- (1) As soon as practicable after the issue of each batch of postal ballot papers, the local returning officer must make up into a packet the completed corresponding number lists of those ballot papers which have been issued and must seal the packet.
- (2) Until the time referred to in paragraph 48(11), the local returning officer must take proper precautions for the security of the marked copy of the postal voters list and the proxy postal voters list.
Delivery of postal ballot papers
40
- (1) For the purposes of delivering postal ballot papers, the local returning officer may use—
- (a) a postal operator within the meaning of Part 3 of the Postal Services Act 2011 ,
- (b) a commercial delivery firm, or
- (c) clerks appointed under rule 27 of the PCC elections rules.
- (2) Where the services of a universal postal service provider or commercial delivery firm are to be used, envelopes addressed to postal voters must be counted and delivered by the local returning officer with such form of receipt to be endorsed by that provider or firm as may be arranged.
- (3) Postage must be prepaid on envelopes addressed to the postal voters (except where sub-paragraph (1)(c) applies).
- (4) Return postage must be prepaid on all covering envelopes where the address provided by the postal voter for the receipt of the postal ballot paper is within the United Kingdom.
Spoilt postal ballot papers
41
- (1) Where a postal voter (“PV”) has inadvertently dealt with PV's postal ballot paper or postal voting statement in such a manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt ballot paper”) or, as the case may be, a postal voting statement (referred to as “a spoilt postal voting statement”), PV may return (either by hand or by post) to the local returning officer the spoilt ballot paper or, as the case may be, the spoilt postal voting statement.
- (2) Where PV exercises the entitlement conferred by sub-paragraph (1), PV must also return—
- (a) the postal ballot paper or, as the case may be, the postal voting statement, whether spoilt or not,
- (b) where the postal ballot papers for more than one election or local referendum have been issued together under paragraph 29, all other ballot papers so issued, whether spoilt or not, and
- (c) the envelopes supplied for the return of the documents mentioned in paragraph 38.
- (3) Subject to sub-paragraph (4), on receipt of the documents referred to in sub-paragraph (1) (and, where applicable, sub-paragraph (2)), the local returning officer must issue another postal ballot paper or, as the case may be, ballot papers except where those documents are received after 5 pm on the day of the poll.
- (4) Where the local returning officer receives the documents referred to in sub-paragraph (1) (and, where applicable sub-paragraph (2)), after 5 pm on the day before the day of the poll, the local returning officer must only issue another postal ballot paper or, as the case may be, ballot papers if PV returned the documents by hand.
- (5) The following provisions apply to the issue of a replacement postal ballot paper under sub-paragraph (3)—
- (a) paragraph 36 (except sub-paragraph (2)),
- (b) paragraphs 38 and 39, and
- (c) subject to sub-paragraph (8), paragraph 40.
- (6) Any postal ballot paper or postal voting statement, whether spoilt or not, returned in accordance with sub-paragraph (1) or (2) must be immediately cancelled.
- (7) The local returning officer, as soon as practicable after cancelling those documents, must make up those documents in a separate packet and must seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet must be opened and the additional cancelled documents included in it and the packet must again be made up and sealed.
- (8) Where PV applies in person—
- (a) by 5 pm on the day before the day of the poll, the local returning officer may hand a replacement postal ballot paper to PV, or
- (b) after 5 pm on the day before the day of the poll, the local returning officer may only hand a replacement postal ballot paper to PV,
instead of delivering it in accordance with paragraph 40.
- (9) The local returning officer must enter in a list kept for the purpose (“the list of spoilt postal ballot papers”)—
- (a) the name and number of the elector as stated in the register (or the electoral number alone in the case of an elector who has an anonymous entry),
- (b) the number of any postal ballot paper issued under this paragraph, and
- (c) where PV is a proxy, PV's name and address.
Lost postal ballot papers
42
- (1) Where a postal voter claims either to have lost or not to have received—
- (a) the postal ballot paper, or
- (b) the postal voting statement, or
- (c) one or more of the envelopes supplied for their return,
by the fourth day before the day of the poll, the postal voter may apply (whether or not in person) to the local returning officer for a replacement ballot paper.
- (2) Such an application must include evidence of the postal voter's identity.
- (3) Where a postal voter exercises the entitlement conferred by sub-paragraph (1), the postal voter must return—
- (a) the documents referred to in sub-paragraph (1)(a) to (c) , and
- (b) where the postal ballot papers for more than one election or local referendum have been issued together under paragraph 29, all other ballot papers so issued,
which the postal voter has received and which have not been lost.
- (4) Any postal ballot paper or postal voting statement returned in accordance with sub-paragraph (3) must be immediately cancelled.
- (5) The local returning officer, as soon as practicable after cancelling those documents, must make up those documents in a separate packet and must seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet must be opened and the additional cancelled documents included in it and the packet must be again made up and sealed.
- (6) Subject to sub-paragraph (7), where the application is received by the local returning officer before 5 pm on the day of the poll and the local returning officer—
- (a) is satisfied as to the postal voter's identity, and
- (b) has no reason to doubt that the postal voter has either lost or has not received the original postal ballot paper or the postal voting statement or one or more of the envelopes provided for their return,
the local returning officer must issue another postal ballot paper or, as the case may be, ballot papers.
- (7) Where the application is received by the local returning officer after 5 pm on the day before the day of the poll, the officer must only issue another postal ballot paper or, as the case may be, ballot papers if the postal voter applies in person.
- (8) The local returning officer must enter in a list kept for the purpose (“the list of lost postal ballot papers”)—
- (a) the name and number of the elector as stated in the register (or the electoral number alone in the case of an elector who has an anonymous entry),
- (b) the number of any postal ballot paper issued under this paragraph, and
- (c) where the postal voter is a proxy, the proxy's name and address.
- (9) The following provisions apply to the issue of a replacement postal ballot paper under sub-paragraph (6)—
- (a) paragraph 36 (except sub-paragraph (2)),
- (b) paragraphs 38 and 39, and
- (c) subject to sub-paragraph (10), paragraph 40.
- (10) Where a postal voter applies in person—
- (a) by 5 pm on the day before the day of the poll, the local returning officer may hand a replacement postal ballot paper to the postal voter, or
- (b) after 5 pm on the day before the day of the poll, the local returning officer may only hand a replacement postal ballot paper to the postal voter,
instead of delivering it in accordance with paragraph 40.
Alternative means of returning postal ballot paper or postal voting statement
43
- (1) For the purposes of rule 49(2) of the PCC elections rules, the manner in which a postal ballot paper or postal voting statement at a PCC election for any police area may be returned to a polling station is by hand.
- (2) For those purposes, the manner in which such a paper or statement may be returned to the local returning officer, is by hand or by post.
- (3) Subject to sub-paragraphs (3A) and (4), the presiding officer of the polling station must deliver, or cause to be delivered, any postal ballot paper or postal voting statement returned to that station and any return of postal voting documents form to the local returning officer in the same manner and at the same time as the presiding officer delivers, or causes to be delivered, the packets referred to in rule 47(1) of the PCC elections rules.
- (3A) A postal ballot paper or postal voting statement may only be delivered to the local returning officer in accordance with sub-paragraph (3) if the requirements of paragraph 43A are met and the paper and statement are not rejected in accordance with paragraph 43B or 43D.
- (4) The local returning officer may collect, or cause to be collected, any postal ballot paper or postal voting statement and any return of postal voting documents form which by virtue of sub-paragraph (3) the presiding officer of a polling station would otherwise be required to deliver or cause to be delivered to the local returning officer.
- (5) Where the local returning officer collects, or causes to be collected, any postal ballot paper or postal voting statement or return of postal voting documents form in accordance with sub-paragraph (4), the presiding officer must first make up into separate packets sealed with the presiding officer’s own seal and the seals of such polling agents as are present and desire to affix their seals with a description of its contents written on each packet—
- (a) the postal ballot papers and postal voting statements; and
- (b) the return of postal voting documents forms for those postal ballot papers and postal voting statements.
Notice of opening of postal ballot paper envelopes
44
- (1) The local returning officer must give to each candidate not less than 48 hours' notice in writing of each occasion on which a postal voters' ballot box and the envelopes contained in it is to be opened.
- (2) Such a notice must specify—
- (a) the time and place at which such an opening is to take place, and
- (b) the number of agents a candidate may appoint under paragraph 33 to attend each opening.
Postal ballot boxes and receptacles
45
- (1) The local returning officer must provide a separate ballot box for the reception of—
- (a) the covering envelopes when returned by the postal voters (“postal voters' ballot box”), and
- (b) postal ballot papers (“postal ballot box”).
- (2) Each such ballot box must be marked “postal voters' ballot box” or “postal ballot box” (as the case may be) and marked with—
- (a) the name of both the police area and the voting area in relation to which it is to be used at the PCC election, and
- (b) where the proceedings at that election and another election or a local referendum are taken together, the name of the parliamentary constituency, ..., voting area or, as the case may be, the relevant local authority for which the election or local referendum is held.
- (3) The postal ballot box must be shown to those agents present on the occasion of opening the first postal voters' ballot box as being empty.
- (4) The local returning officer must then lock the ballot box (if it has a lock) and apply the officer's seal in such manner as to prevent its being opened without breaking the seal; any of the agents present who wish to add their seals may then do likewise.
- (5) The local returning officer must provide the following receptacles—
- (a) the receptacle for rejected votes,
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) the receptacle for ballot paper envelopes,
- (d) the receptacle for rejected ballot paper envelopes,
- (e) the receptacle for rejected votes (verification procedure), and
- (f) the receptacle for postal voting statements (verification procedure).
- (6) The local returning officer must take proper precautions for the safe custody of every ballot box and receptacle referred to in this paragraph.
Receipt of covering envelope
46
- (1) The local returning officer must, immediately on receipt by post of a covering envelope (or an envelope which is stated to include a postal vote) before the close of the poll, place it unopened in a postal voters' ballot box.
- (2) Where an envelope, other than a covering envelope issued by the local returning officer—
- (a) has been opened, and
- (b) contains a ballot paper envelope, postal voting statement or ballot paper,
the first-mentioned envelope, together with its contents, must be placed in a postal voters' ballot box.
Opening of postal voters’ ballot box
47
- (1) Each postal voters' ballot box must be opened by the local returning officer in the presence of the agents.
- (2) So long as the local returning officer ensures that there is at least one sealed postal voters' ballot box for the reception of covering envelopes up to the time of the close of the poll, the other postal voters' ballot boxes may previously be opened by the officer.
- (3) The last postal voters' ballot box and the postal ballot box must be opened at the verification of the ballot paper accounts under rule 49 of the PCC elections rules.
Opening of covering envelopes
48
- (1) When a postal voters' ballot box is opened, the local returning officer must count and record the number of covering envelopes (including any envelope which is stated to include a postal vote and any envelope described in paragraph 46(2)).
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) The local returning officer must open separately each covering envelope (including an envelope described in paragraph 46(2)).
- (4) The procedure in paragraph 51 applies where a covering envelope (including an envelope to which paragraph 46(2) applies) contains a postal voting statement.
- (5) Where the covering envelope does not contain the postal voting statement separately, the local returning officer must open the ballot paper envelope to ascertain whether the postal voting statement is inside.
- (6) Where a covering envelope does not contain a postal voting statement (whether separately or not) the local returning officer must mark the covering envelope “provisionally rejected”, attach its contents (if any) and place it in the receptacle for rejected votes.
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) In carrying out the procedures in this paragraph and paragraphs 50 to 56, the local returning officer—
- (a) must keep the ballot papers face downwards and must take proper precautions for preventing any person from seeing the votes made on the ballot papers, and
- (b) must not be permitted to view the corresponding number list used at the issue of postal ballot papers.
- (9) Where an envelope opened in accordance with sub-paragraph (3) contains a postal voting statement, the local returning officer must place a mark in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned.
- (10) A mark made under sub-paragraph (9) must be distinguishable from and not obscure the mark made under paragraph 36(2).
- (11) As soon as practicable after the last covering envelope has been opened, the local returning officer must make up into a packet the copy of the marked postal voters list and proxy postal voters list that have been marked in accordance with sub-paragraph (9) and must seal such a packet.
Confirming receipt of postal voting statements
49
- (1) An elector or a proxy voter who is shown in the postal voters list or proxy postal voters list may make a request, at any time between the first issue of postal ballot papers under paragraph 35 and the close of the poll, that the local returning officer confirm—
- (a) whether a mark is shown in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned, and
- (b) whether the number of the ballot paper issued to the elector or the elector's proxy has been recorded on either of the lists kept by the local returning officer under sub-paragraphs (2) and (3) of paragraph 55.
- (2) A request under sub-paragraph (1) must—
- (a) be made by any method specified by the local returning officer, and
- (b) include any evidence of the voter's identity requested by that officer.
- (3) Where a request is received in accordance with sub-paragraph (2) the local returning officer must satisfy himself or herself that the request has been made by the elector or their proxy and, if satisfied that it was, provide confirmation of the matters under sub-paragraph (1).
Procedure in relation to postal voting statements
50
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Procedure in relation to postal voting statements: personal identifier verification
51
- (1) This paragraph applies in the circumstances described in paragraph 48(4).
- (2) The local returning officer must satisfy himself or herself that the postal voting statement is duly completed and as part of that process must compare the date of birth and the signature on the postal voting statement against the date of birth and signature contained in the personal identifier record relating to the person to whom the postal ballot paper was addressed.
- (3) Where the local returning officer is not satisfied that the postal voting statement is duly completed, the officer must mark the statement “rejected”, attach to it the ballot paper envelope, or if there is no such envelope but there is a ballot paper, the ballot paper, and, subject to sub-paragraph (4), place it in the receptacle for rejected votes (verification procedure).
- (4) Before placing a postal voting statement in the receptacle for rejected votes (verification procedure), the local returning officer must show it to the agents and must permit them to view the entries in the personal identifiers record which relate to the person to whom the postal ballot paper was addressed, and if any of them object to the officer's decision, the officer must add the words “ rejection objected to ”.
- (5) The local returning officer must then examine the number (or numbers) on the postal voting statement against the number (or numbers) on the ballot paper envelope and, where they are the same, the officer must place the statement and the ballot paper envelope respectively in the receptacle for postal voting statements (verification procedure) and the receptacle for ballot paper envelopes.
- (6) Where—
- (a) the number on a valid postal voting statement is not the same as the number on the ballot paper envelope, or
- (b) that envelope has no number on it (or only one number when the postal voting statement has more than one),
the local returning officer must open the envelope.
- (7) Sub-paragraph (8) applies where—
- (a) there is a valid postal voting statement but no ballot paper envelope,
- (b) the ballot paper envelope has been opened under sub-paragraph (6), or
- (c) the ballot paper envelope has been opened under paragraph 48(5).
- (8) In the circumstances described in sub-paragraph (7), the local returning officer must place—
- (a) in the postal ballot box, any ballot paper the number on which is the same as the number on the valid postal voting statement;
- (b) in the receptacle for rejected votes (verification procedure), any other ballot paper, with the valid postal voting statement attached and marked “provisionally rejected”;
- (c) in the receptacle for rejected votes (verification procedure), any valid postal voting statement marked “provisionally rejected” where—
- (i) there is no ballot paper, or
- (ii) in the case of a statement on which the number of more than one ballot paper appears, there is not a sufficient number of ballot papers and, in such a case, the local returning officer must mark the statement to indicate which ballot paper is missing;
- (d) in the receptacle for postal voting statements (verification procedure), any valid statement not disposed of under paragraph (b) or (c).
Postal voting statements: additional personal identifier verification
52
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Opening of ballot paper envelopes
53
- (1) The local returning officer must open separately each ballot paper envelope placed in the receptacle for ballot paper envelopes.
- (2) The local returning officer must—
- (a) place in the postal ballot box any ballot paper the number on which is the same as the number (or one of the numbers) on the ballot paper envelope,
- (b) place in the receptacle for rejected votes any other ballot paper which must be marked “provisionally rejected” and to which the ballot paper envelope is to be attached, and
- (c) place in the receptacle for rejected ballot paper envelopes any ballot paper envelope which must be marked “provisionally rejected” because it does not contain either a ballot paper or, where more than one number appears on the ballot paper envelope, a sufficient number of ballot papers (and indicating in each case the missing ballot papers).
Retrieval of cancelled postal ballot papers
54
- (1) Where it appears to the local returning officer that a cancelled postal ballot paper has been placed—
- (a) in a postal voters' ballot box,
- (b) in the receptacle for ballot paper envelopes, or
- (c) in a postal ballot box,
the officer must proceed as follows.
- (2) The local returning officer must, on at least one occasion on which a postal voters ballot box is opened in accordance with paragraph 47, also open any postal ballot box and the receptacle for ballot paper envelopes and—
- (a) retrieve the cancelled ballot paper,
- (b) show the ballot paper number on the cancelled ballot paper to the agents,
- (c) retrieve the postal voting statement that relates to a cancelled ballot paper from the receptacle for postal voting statements (verification procedure),
- (d) attach any cancelled postal ballot paper to the postal voting statement to which it relates,
- (e) place the cancelled documents in a separate packet and deal with that packet in the manner provided for by paragraph 41(7) or 42A(2), and
- (f) unless the postal ballot box has been opened for the purposes of the counting of votes under rule 52 of the PCC elections rules, re-lock (if it has a lock) and re-seal the postal ballot box in the presence of the agents.
- (3) Whilst retrieving a cancelled ballot paper in accordance with sub-paragraph (2), the local returning officer and the officer's staff—
- (a) must keep the ballot papers face downwards and must take proper precautions for preventing any person seeing the votes made on the ballot papers, and
- (b) must not be permitted to view the corresponding number list used at the issue of postal ballot papers.
Lists of rejected postal ballot papers
55
- (1) In respect of any election, the local returning officer must keep lists relating to rejected postal ballot papers or other postal voting documents as required by this paragraph.
- (2) In the first list, the officer must record the ballot paper number of any postal ballot paper for which no valid postal voting statement was received with it.
- (3) In the second list, the officer must record the ballot paper number of any postal ballot paper which is entered on a valid postal voting statement where that ballot paper is not received with the postal voting statement.
- (4) In the third list, the officer must record, for every postal voting statement in the receptacle for rejected votes (verification procedure) immediately prior to sealing—
- (a) the elector’s name and address (and the name and address of the proxy if the elector has a proxy);
- (b) the elector’s number on the register of electors (and that of the proxy if the elector has a proxy);
- (c) the specified reason or reasons for the rejection of the postal voting statement; and
- (d) any other information relating to the rejection that the officer considers appropriate, but not the ballot paper number.
- (5) The specified reasons that may be given under sub-paragraph (4)(c) for the rejection of a postal voting statement are as follows—
- (a) the signature does not match the example held on the personal identifiers record;
- (b) the date of birth does not match the one held on the personal identifiers record;
- (c) the signature field is blank; or
- (d) the date of birth field is blank.
- (6) In the fourth list, the officer must, subject to sub-paragraph (9), record in relation to any elector whose postal voting documents were rejected in accordance with paragraph 43B or 46B or were left behind postal voting documents—
- (a) the elector’s name and address (and the name and address of the proxy if the elector has a proxy),
- (b) the elector’s number on the register of electors (and that of the proxy if the elector has a proxy),
- (c) the specified reason or reasons for the rejection of the postal voting documents,
- (d) an indication as to whether the postal voting documents included a postal ballot paper the number of which matched the postal ballot paper number marked on the postal voting statement, and
- (e) any other information relating to the rejection that the officer considers appropriate, but not the postal ballot paper number.
- (7) The specified reasons that may be given under sub-paragraph (6)(c) for the rejection of the postal voting document are—
- (a) the postal voting documents were handed in at a polling station or to the returning officer but the return of postal voting documents form was not fully completed with the required information;
- (b) the postal voting documents were handed in at a polling station or to the returning officer but the number of postal voting documents handed in exceeded or was suspected to exceed the permitted number;
- (c) the postal voting documents were handed in by a political campaigner who was not permitted to hand in those postal voting documents;
- (d) the postal voting documents were left behind postal voting documents.
- (8) In compiling the fourth list the returning officer must open separately each covering envelope (including an envelope described in paragraph 46(2)) and each ballot paper envelope.
- (9) The obligation in sub-paragraph (6) does not apply where an elector’s rejected postal voting documents do not include a postal voting statement.
Checking of lists of rejected ballot papers
56
- (1) Where the local returning officer receives a valid postal voting statement without the postal ballot paper (or papers or, as the case may be, all of the papers) to which it relates, the officer may, at any time prior to the close of the poll, check the list kept under paragraph 55(2) to see whether the number (or numbers) of a postal ballot paper to which the statement relates is entered in that list.
- (2) Where the local returning officer receives a postal ballot paper without the postal voting statement to which it relates, the officer may, at any time prior to the close of the poll, check the list kept under paragraph 55(3) to see whether the number of that ballot paper is entered in that list.
- (3) The local returning officer must conduct the checks required by sub-paragraphs (1) and (2) as soon as practicable after the receipt of the packets from every polling station in, as the case may be, the voting area, parliamentary constituency, ... electoral area or local authority area.
- (4) Where the ballot paper number in the list matches that number on a valid postal voting statement or, as the case may be, the postal ballot paper, the local returning officer must retrieve that statement or paper.
- (5) The local returning officer must then take the appropriate steps under this Part of this Schedule as though any document earlier marked “provisionally rejected” had not been so marked and must amend the document accordingly.
Sealing of packets
57
- (1) As soon as practicable after the completion of the procedure under paragraph 56(3) and (4), the local returning officer must make up into separate packets the contents of—
- (a) the receptacle of rejected votes,
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) the receptacle of rejected ballot paper envelopes,
- (d) the lists of spoilt, lost and cancelled postal ballot papers,
- (e) the receptacle of rejected votes (verification procedure), ...
- (f) the receptacle of postal voting statements (verification procedure),and
- (g) the packets of rejected postal voting documents and accompanying return of postal voting documents forms made up in accordance with paragraphs 43C(2) and 46C(2),
and must seal up such packets.
- (2) Any document in those packets marked “provisionally rejected” is to be deemed to be marked “rejected”.
Abandoned poll
58
- (1) Where a poll is abandoned or countermanded after postal ballot papers have been issued, by reason of the death of a candidate, the local returning officer—
- (a) must not take any step or further step to open covering envelopes or deal with the contents in accordance with the provisions of this Part of this Schedule, and
- (b) must, notwithstanding paragraphs 48 to 53, treat all unopened covering envelopes and the contents of those that have been opened as if they were counted ballot papers.
- (2) Paragraph (1) does not apply where ballot papers for more than one election have been issued together under paragraph 29.
Forwarding of documents
59
- (1) The local returning officer must forward to the relevant registration officer at the same time as the local returning officer forwards the documents mentioned in rule 66 of the PCC elections rules—
- (a) any packets referred to in paragraphs 39, 41(7), 42(5), 43(5)(b), 46A(3)(b), 48(11) and 57 (subject to paragraph 58), endorsing on each packet a description of its contents, the date of the election to which it relates and the name of the police area for which the election was held and the name of the voting area for which the local returning officer acts, ...
- (b) a completed statement of the number of postal ballot papers issued, which is to be in Form 5 set out in Part 4 of this Schedule or a form to like effect,
- (c) any lists compiled under paragraph and (6).
- (2) Where, under a relevant provision (within the meaning of paragraph 29(2)), the poll at a PCC election is taken together with the poll at one or more other elections or local referendums, a separate statement in the form described in sub-paragraph (1)(b) must be completed for each election or local referendum.
- (2A) Where the poll at a PCC election is taken together with the poll at a Senedd election under article 16 of the 2025 Order, a separate statement in the form described in sub-paragraph (1)(b) must be completed for the PCC election.
- (3) Where—
- (a) any covering envelopes are received by the local returning officer after the close of the poll (apart from those delivered in accordance with the provisions of paragraph 43(3)),
- (b) any envelopes addressed to postal voters are returned as undelivered too late to be readdressed, or
- (c) any spoilt postal ballot papers are returned too late to enable other postal ballot papers to be issued,
the local returning officer must put them unopened in a separate packet, seal up such packet and endorse and forward it at a subsequent date in the manner described in sub-paragraph (1).
- (4) Rules 67 and 68 of the PCC elections rules apply to any packet or document forwarded under this paragraph except that in applying those rules the list compiled under paragraph 55(4) and (6) must be treated in the same manner as a counted ballot paper.
- (5) A copy of the statement referred to in sub-paragraph (1)(b) must be provided by the local returning officer to the Secretary of State and the Commission in the period which starts 10 days after the day of the poll and ends 15 days after that day.
- (6) For the purposes of computing the period referred to in sub-paragraph (5)—
- (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,
is to be disregarded.
- (7) In sub-paragraph (3)(c), “spoilt postal ballot paper” has the meaning given in paragraph 41.
PART 4 — Forms referred to in Parts 1 to 3 of this Schedule
Forms
60
These are the forms referred to in Parts 1 to 3 of this Schedule .
SCHEDULE 3 — Rules for the conduct of PCC elections where poll not taken together with poll at another election
| Form 6 | Nomination of candidates (rule 5) |
|---|---|
| Form 7 | Consent to nomination (rule 8) |
| Form 8A | Ballot paper (three or more candidates) (rule 19(1)(a)) |
| Form 8B | Ballot paper (two candidates only) (rule 19(1)(b)) |
| Form 9 | Corresponding number list for issue of postal ballot papers at a PCC election (rule 20(2)) |
| Form 10 | Corresponding number list for use in polling station at a PCC election (rule 20(3)) |
| Form 11 | Official poll card (rule 28) |
| Form 12 | Official postal poll card (rule 28) |
| Form 13 | Official proxy poll card (rule 28) |
| Form 14 | Official postal proxy poll card (rule 28) |
| Form 15 | Notice for guidance of voters for exhibition in voting compartment (rule 30(1)(a)) |
| Form 16 | Notice for guidance of voters for exhibition inside and outside polling station (rule 30(1)(b)) |
| Form 17 | Certificate as to employment on duty on the day of the poll (rule 34(4)) |
| Form 18 | Declaration to be made by companion of a voter with disabilities (rule 41) |
PART 1 — Rules for all PCC elections
GENERAL PROVISIONS
Timetable
1
The proceedings at the PCC election are to be conducted in accordance with the following Table.
Modification of timetable for the ordinary election in 2012
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Computation of time
3
In computing any period of time for the purposes of rules 1 and 2—
- (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,
is to be disregarded, and any such day is not to be treated as a day for the purpose of any proceedings up to the completion of the poll nor is the police area returning officer or local returning officer obliged to proceed with the counting of the votes on such a day.
PART 2 — Stages common to contested and uncontested elections
NOTICE OF ELECTION
Notice of PCC election
4
- (1) Each police area returning officer must give public notice of the PCC election stating—
- (a) the place and times at which nomination papers are to be delivered, and
- (b) the date of the poll in the event of a contest,
and the notice must state that forms of nomination papers may be obtained at that place and those times.
- (2) The notice of election must also state the arrangements which apply for making the payment required by rule 9 by means of the electronic transfer of funds.
- (3) The notice of election must state the date by which—
- (a) applications to vote by post or by proxy, and
- (b) other applications and notices about postal or proxy voting,
must reach the registration officer in order that they may be effective for the election.
- (4) The police area returning officer must send a copy of the notice of election to the local returning officer for each voting area wholly or partly comprised in the police area.
- (5) As soon as practicable after receipt of the copy of the notice of the PCC election, the local returning officer must give public notice of it at a place within the voting area for which the officer acts.
NOMINATION OF CANDIDATES
Nomination of candidates
5
- (1) Each candidate must be nominated by a separate nomination paper, in Form 6 ... in Part 8 of this Schedule delivered to the police area returning officer at the place fixed for the purpose—
- (a) by the candidate in person, or
- (b) by the proposer or seconder of the candidate, or
- (c) by the candidate's election agent on the candidate's behalf if the agent's name and address have been previously given to the returning officer as required by article 26 or are so given at the time the nomination paper is delivered.
- (2) The nomination paper must state the candidate's—
- (a) full names, and
- (b) if desired, description,
and the surname must be placed first in the list of names.
- (3) If a candidate—
- (a) commonly uses a surname that is different from any other surname the candidate has,
- (b) commonly uses a forename that is different from any other forename the candidate has, or
- (c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a),
the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).
- (4) A candidate's description (if any) can only be—
- (a) one authorised as mentioned in rule 6(1) or (3), or
- (b) the word “Independent”.
- (5) The nomination paper must be accompanied by a form (in these rules referred to as “the home address form”) which states the candidate's—
- (a) full names, and
- (b) home address in full.
- (6) Provision in paragraph (1) above about the delivery of the nomination paper applies also to the home address form.
- (7) The home address form—
- (a) may contain a statement made and signed by the candidate that he or she requires the home address not to be made public, and
- (b) if it does so, must contain a statement confirming that the candidate is registered in the register of electors for an electoral area in respect of an address within the police area.
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nomination papers: name of registered political party
6
- (1) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with a registered political party unless—
- (a) the party is a qualifying party in relation to the police area, and
- (b) the use of the description is authorised by a certificate that is—
- (i) issued by or on behalf of the registered nominating officer of the party, and
- (ii) received by the police area returning officer before the last time for the delivery of nomination papers set out in the Table in rule 1.
- (2) In paragraph (1) an authorised description must be—
- (a) the name of the party registered under section 28 of the 2000 Act , or
- (b) a description of the party registered under section 28A of that Act .
- (3) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with two or more registered political parties unless—
- (a) the parties are each qualifying parties in relation to the police area,
- (b) the description is a registered description, and
- (c) the use of the description is authorised by a certificate that is—
- (i) issued by or on behalf of the registered nominating officer of each of the parties, and
- (ii) received by the police area returning officer before the last time for the delivery of nomination papers set out in the Table in rule 1.
- (4) For the purposes of paragraph (3), “registered description” means a joint description registered for use by the parties under section 28B of 2000 Act .
- (5) A person is guilty of a corrupt practice if the person fraudulently purports to be authorised to issue a certificate under paragraph (1) or (3) on behalf of a registered political party's nominating officer.
- (6) For the purposes of the application of this rule in relation to a PCC election—
- (a) “registered political party” means a party which was registered under Part 2 of the 2000 Act on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at that PCC election, and
- (b) a registered political party is a qualifying party in relation to a police area in England or Wales if the party was on the relevant day registered in respect of England or Wales (as the case may be) in the Great Britain register maintained under that Part of that Act.
- (7) For the purposes of paragraph (6)(a), any day specified in rule 3 is to be disregarded.
Subscription of nomination paper
7
- (1) The nomination paper must be subscribed by 2 electors as proposer and seconder, and by 98 other electors as assenting to the nomination.
- (2) Where a nomination paper has the signatures of more than the required number of persons as proposing, seconding or assenting to the nomination of a candidate, the signature or signatures (up to the required number) that appear first on the paper in each category are to be taken into account to the exclusion of any others in that category.
- (3) The nomination paper must give the electoral number of each person subscribing it.
- (4) The police area returning officer—
- (a) must supply any elector with as many forms of nomination paper and forms of consent to nomination as may be required at the place and during the time for delivery of nomination papers, and
- (b) must at any elector's request prepare a nomination paper for signature,
but it is not necessary for a nomination or consent to nomination to be on a form that was supplied by the police area returning officer.
- (5) In this rule “elector”—
- (a) means a person who, on the last day for the publication of notice of the PCC election, is registered in the register of electors in respect of an address that is within the police area in question, and
- (b) includes a person then shown in the register as below voting age if (but only if) it appears from the register that the person will be of voting age on the day fixed for the poll.
- (6) But in this rule, “elector” does not include a person who has an anonymous entry in the register.
Consent to nomination
8
A person is not validly nominated unless that person's consent to nomination—
- (a) is given in writing on or within the period of 31 days before the last day for the delivery of nomination papers,
- (b) is in Form 7 set out in Part 8 of this Schedule or a form to like effect
- (c) is attested by one witness, and
- (d) is delivered at the place and within the time for the delivery of nomination papers.
Deposit
9
- (1) A person is not validly nominated unless the sum of £5,000 is deposited by or on behalf of the person with the police area returning officer at the place and during the time for delivery of nomination papers.
- (2) The deposit may be made either—
- (a) by the deposit of any legal tender, or
- (b) by means of a banker's draft, or
- (c) with the police area returning officer's consent, in any other manner (including by means of a debit or credit card or the electronic transfer of funds),
but the police area returning officer may refuse to accept a deposit sought to be made by means of a banker's draft if the officer does not know that the drawer carries on a business as a banker in the United Kingdom.
- (3) Where the deposit is made on behalf of a candidate, the person making the deposit must at the time it is made give the person's name and address to the police area returning officer (unless those details have previously been supplied to the officer under article 26 (appointment of election agent)).
Place for delivery of nomination papers and right to attend nomination
10
- (1) The police area returning officer must fix the place in the police area at which nomination papers are to be delivered to the officer, and must attend there during the time for their delivery and for the making of objections to them.
- (2) Except for the purpose of delivering a nomination paper or of assisting the police area returning officer, no other person is entitled to attend the proceedings during the time for delivery of nomination papers or for making objections to them unless that person is—
- (a) a person standing nominated as a candidate, or
- (b) the election agent, proposer or seconder of such a person, or
- (c) a person who is entitled to attend by virtue of section 6A or 6B of the 2000 Act .
- (3) Where a candidate is the candidate's own election agent, the candidate may name one other person and that person is entitled to attend in place of the election agent.
- (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,
are entitled to attend as the person's proposer and seconder.
- (5) The right to attend conferred by this rule includes the right—
- (a) to inspect, and
- (b) to object to the validity of,
any nomination paper and associated home address form.
- (6) Paragraph (5) does not apply to a person mentioned in paragraph (2)(c).
- (7) One other person chosen by each candidate is entitled to be present at the delivery of the candidate's nomination, and may afterwards (so long as the candidate stands nominated) attend the proceedings referred to in paragraph (2) but without the right referred to in paragraph (5).
- (8) The police area 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.
Decisions as to validity of nomination papers
11
- (1) Where a nomination paper and the candidate's consent to it and the home address form are delivered and a deposit is made in accordance with these rules, the candidate is deemed to stand nominated unless and until—
- (a) the police area returning officer decides that the nomination paper is invalid, or
- (b) the police area returning officer decides that the home address form does not comply with rule 5(5) or (7), or
- (c) proof is given to the police area returning officer's satisfaction of the candidate's death, or
- (d) the candidate withdraws.
- (2) The police area returning officer is entitled to hold a nomination paper invalid only on one of the following grounds—
- (a) that the particulars of the candidate or the persons subscribing the paper are not as required by law;
- (b) that the paper is not subscribed as so required;
- (c) that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.
- (3) Subject to paragraph (4), the police area returning officer must, as soon as practicable after each nomination paper has been delivered, examine it and decide whether the candidate has been validly nominated.
- (4) If in the police area returning officer's opinion a nomination paper breaks rule 6(1) or (3), the officer must give a decision to that effect.
- (5) Any decision under paragraph (4) must be given—
- (a) as soon as practicable after the delivery of the nomination paper, and
- (b) in any event, before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers set out in the Table in rule 1.
- (6) Where the police area returning officer decides that a nomination paper is invalid, the officer must—
- (a) endorse on the paper the fact that the nomination is invalid and the reasons for the decision, and
- (b) sign the paper.
- (7) The police area returning officer's decision that a nomination paper is valid is final and may not be questioned in any proceeding whatsoever.
- (8) Subject to paragraph (7), nothing in this rule prevents the validity of a nomination being questioned on a PCC election petition.
Correction of minor errors
12
- (1) At any time before the publication under rule 13 of the statement of persons nominated, a police area returning officer may correct minor errors in a nomination paper or a home address form.
- (2) Errors that may be corrected include—
- (a) errors as to a person's electoral number;
- (b) obvious errors of spelling in relation to the details of a candidate;
- (c) in the home address form, errors as to the information mentioned in rule 5(7)(b).
- (3) Anything done by a police area returning officer in pursuance of this rule may not be questioned in any proceeding other than proceedings on a PCC election petition.
- (4) A police area returning officer must have regard to any guidance issued by the Commission for the purposes of this rule.
Publication of statement of persons nominated
13
- (1) The police area returning officer must prepare a statement showing—
- (a) the persons who have been and stand nominated, and
- (b) any other persons who have been nominated together with the reason why they no longer stand nominated.
- (2) The statement must show the names, addresses and descriptions of the persons nominated as given in their nomination papers and the home address forms.
- (3) If a person's nomination paper gives a commonly used surname or forename in accordance with rule 5(3), the statement must show the person's commonly used surname or forename (as the case may be) instead of the other surname or forename.
- (4) Paragraph (3) does not apply if the police area returning officer thinks—
- (a) that the use of the person's commonly used name is likely to mislead or confuse electors, or
- (b) that the commonly used name is obscene or offensive.
- (5) If paragraph (4) applies, the police area returning officer must give notice in writing to the candidate of the reasons for refusing to allow the use of a commonly used name.
- (6) The statement of persons nominated must show the persons standing nominated arranged alphabetically in the order of their surnames, and if there are two or more of them with the same surname, of their other names.
- (7) In relation to a nominated person in whose case the home address form (or, if the person is nominated by more than one nomination paper, any of the home address forms) contains—
- (a) the statement mentioned in rule 5(7)(a), and
- (b) the information mentioned in rule 5(7)(b),
the reference in paragraph (2) to the person's address shall be read as a reference to the information mentioned in rule 5(7)(b).
- (7A) In the case of a person nominated by more than one nomination paper, the returning officer must take the particulars required by paragraphs (1) to (7) from such one of the papers as the candidate (or the returning officer in default of the candidate) may select.
- (8) Where—
- (a) two or more of the names shown on the statement are the same or so similar as to be likely to cause confusion,
- (b) paragraph (7) applies in relation to each of the persons in question, and
- (c) the information mentioned in rule 5(7)(b) is the same for each of them,
the police area returning officer may cause any of their particulars to be shown on the statement with such amendments or additions as the officer thinks appropriate in order to reduce the likelihood of confusion.
- (9) Where it is practicable to do so before the publication of the statement, the police area returning officer must consult any person whose particulars are to be amended or added to under paragraph (8).
- (10) The police area returning officer must give notice in writing to any person whose particulars are amended or added to under paragraph (8).
- (11) Anything done by a police area returning officer in pursuance of paragraph (8) must not be questioned in any proceedings other than proceedings on a PCC election petition.
- (12) A police area returning officer must have regard to any guidance issued by the Commission for the purposes of paragraph (8).
- (13) The police area returning officer—
- (a) must give public notice of the statement prepared under this rule, and
- (b) must send a copy of it to the Commission.
Local publication of statement under rule 13
14
- (1) Immediately following publication of the statement of persons nominated, the police area returning officer must forward a copy of it to the local returning officer for each voting area wholly or partly comprised in the police area.
- (2) As soon as practicable after receipt of the copy of the statement, the local returning officer must give public notice of it at a place within the voting area for which the officer acts.
Withdrawal of candidates
15
- (1) A candidate may withdraw from being a candidate by notice of withdrawal—
- (a) signed by the candidate and attested by one witness, and
- (b) delivered to the police area returning officer at the place for delivery of nomination papers.
- (2) Where a candidate (“A”) is outside the United Kingdom, a notice of withdrawal which is accompanied by a written declaration of A's absence from the United Kingdom is of the same effect as a notice signed by A if both the notice and the declaration are signed by A's proposer.
Nomination in more than one police area
16
- (1) A candidate who is validly nominated for more than one police area must withdraw from being a candidate in all those police areas except one.
- (2) Any such candidate who does not withdraw is deemed to have withdrawn from being a candidate in all police areas.
METHOD OF ELECTION
Method of election: contested and uncontested election
17
If, after any withdrawals under rule 15 or 16—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) two or more candidates remain validly nominated, a poll must be taken in accordance with Part 3;
- (c) only one candidate remains validly nominated, that person must be declared to be elected in accordance with Part 5.
PART 3 — Contested PCC elections
GENERAL PROVISIONS
Poll to be taken by ballot
18
The votes at the poll must be given by ballot.
The ballot papers
19
- (1) The ballot of every voter must consist of a ballot paper which is in Form 8B set out in Part 8 of this Schedule and is printed according to the directions specified in that Part.
- (2) The persons remaining validly nominated for the police area after any withdrawals (and no other persons) are entitled to have their names shown on the ballot paper.
- (3) Each ballot paper must—
- (a) contain the names and other particulars of the candidates as shown in the statement of persons nominated,
- (b) be capable of being folded up, and
- (c) have a number and other unique identifying mark printed on the back.
- (4) If a request is made by or on behalf of a candidate whose description is authorised under rule 6(1) or (3) by a registered party, the ballot paper must contain the party's registered emblem (or one of its registered emblems) adjacent to the candidate's particulars.
- (5) A request under paragraph (4) must—
- (a) be made in writing to the police area returning officer, and
- (b) be received by the officer before the last time for the delivery of nomination papers set out in the Table in rule 1.
- (6) The order of the names in the ballot paper must be the same as in the statement of persons nominated (see rule 13).
Corresponding number list
20
- (1) The local returning officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers which are to be issued by the officer in pursuance of rule 25 or provided by the officer in pursuance of rule 29(1).
- (2) The corresponding number list to be prepared for the purpose of rule 25(1) (postal ballot papers) and of paragraph 36(1) of Schedule 2 (procedure on issue of postal ballot paper) must be in Form 9 set out in Part 8 of this Schedule or a form to like effect.
- (3) The corresponding number list to be prepared for the purpose of rule 29(3)(d) (equipment of polling stations) and of rule 39(2)(b) (voting procedure) must be in Form 10 set out in Part 8 of this Schedule or a form to like effect.
The official mark
21
- (1) Every ballot paper must contain an appropriate security marking (the official mark).
- (2) The official mark must be kept secret.
- (3) An interval of not less than five years must intervene between the use of the same official mark at PCC elections for the same police area.
- (4) A police area returning officer or local returning officer may use a different official mark for different purposes at the same PCC election.
Prohibition of disclosure of vote
22
In any legal proceeding to question a PCC election, no person who has voted at the election may be required to state for whom he or she has voted.
Use of schools and public rooms
23
- (1) The local returning officer may use, free of charge, for the purpose of taking the poll or counting the votes—
- (a) a room in a school maintained or assisted by—
- (i) in relation to England, a county council in England, a metropolitan district council, a non-metropolitan district council for an area for which there is no county council or the Council of the Isles of Scilly, or
- (ii) in relation to Wales, a county council or a county borough council in Wales;
- (b) a room in a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school;
- (c) a room the expense of maintaining which is met by—
- (i) in relation to England, a county council in England, a district council, a parish council or the Council of the Isles of Scilly, or
- (ii) in relation to Wales, a county council or a county borough council in Wales or a community council.
- (2) The local returning officer must make good—
- (a) any damage done to any such room, and
- (b) defray any expense incurred by the persons having control over any such room,
by reason of its being used for that purpose.
ACTION TO BE TAKEN BEFORE THE POLL
Notice of poll
24
- (1) The police area returning officer must give public notice of the poll stating—
- (a) the day and hours fixed for the poll, and
- (b) the particulars of each candidate remaining validly nominated.
- (2) The order of the names in the notice of the poll must be the same as in the statement of persons nominated .
- (3) No later than the time of publication of the notice of the poll, the local returning officer must give public notice of—
- (a) the situation of each polling station in the voting area for which the officer acts, and
- (b) the description of voters entitled to vote there.
- (4) As soon as practicable after giving the notice required by paragraph (3), the local returning officer must send a copy of it to each of the election agents.
Postal ballot papers
25
- (1) The local returning officer must, in accordance with Part 3 of Schedule 2, issue to those entitled to vote by post—
- (a) a ballot paper, and
- (b) a postal voting statement in the appropriate form prescribed by paragraph 30 of Schedule 2,
together with envelopes for their return that comply with the requirements of paragraph 38 of Schedule 2.
- (2) The local returning officer must also issue to those entitled to vote by post whatever information the officer thinks appropriate about how to obtain—
- (a) translations into languages other than English of any directions to or guidance for voters sent with the ballot paper;
- (b) a translation into Braille of such directions or guidance;
- (c) graphical representations of such directions or guidance;
- (d) the directions or guidance in any other form (including any audible form).
- (3) In the case of a ballot paper issued to a person at an address in the United Kingdom, the local returning officer must ensure that the return of the ballot paper and postal voting statement is free of charge to the voter.
Provision of polling stations
26
- (1) The local returning officer must provide a sufficient number of polling stations and, subject to the following provisions of this rule, must allot the electors to the polling stations in whatever manner the officer thinks most convenient.
- (2) One or more polling stations may be provided in the same room.
- (3) The polling station to which electors from any parliamentary polling district wholly or partly within the voting area are allotted must, in the absence of special circumstances, be in the parliamentary polling place for that district unless that place is outside the voting area.
- (4) The local returning officer must provide each polling station with however many compartments are necessary in which the voters can mark their votes screened from observation.
- (5) The local returning officer must ensure that each polling station contains an area in which voters can produce proof of identity in private.
Appointment of presiding officers and polling clerks
27
- (1) The local returning officer must appoint and pay—
- (a) a presiding officer to attend at each polling station, and
- (b) however many clerks are necessary for the purposes of the election.
- (2) The local returning officer must not appoint any person who has been employed by or on behalf of a candidate in the PCC election.
- (3) The local returning officer may, if the officer thinks fit, preside at a polling station.
- (4) In a case within paragraph (3), the provisions of these rules relating to the presiding officer apply to the local returning officer so presiding, with the necessary modifications as to things to be done by the local returning officer to the presiding officer or by the presiding officer to the local returning officer.
- (5) A presiding officer may do, by the clerks appointed to assist the presiding officer, any act (including the asking of questions) which the presiding officer is required or authorised by these rules to do at a polling station except—
- (a) order the arrest, exclusion or removal of any person from the polling station,
- (b) refuse to deliver a ballot paper under rule 37(3) or rule 39(2E) (including that rule as applied by rules 40, 41 or 42), or
- (c) resolve doubts over identity as mentioned in rule 39(2F) (including that rule as applied by rule 40, 41 or 42).
Issue of official poll cards
28
- (1) The local returning officer must as soon as practicable after the publication of the notice of the PCC election send to electors and their proxies an official poll card as follows—
- (a) an official poll card sent to an elector must be in Form 11 set out in Part 8 of this Schedule or a form to like effect;
- (b) an official postal poll card sent to an elector must be in Form 12 set out in Part 8 of this Schedule or a form to like effect;
- (c) an official poll card sent to the proxy of an elector must be in Form 13 set out in Part 8 of this Schedule or a form to like effect;
- (d) an official postal poll card sent to the proxy of an elector must be in Form 14 set out in Part 8 of this Schedule or a form to like effect.
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