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The Police and Crime Commissioner Elections Order 2012

Type Statutory-Instrument

Publication 2012-07-24

Last updated 2026-02-05

State In force

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SCHEDULE 7 — Candidate election expenses

PART 1 — List of Matters

1

Advertising of any nature (whatever the medium used). Expenses in respect of such advertising include agency fees, design costs and other costs in connection with preparing, producing, distributing or otherwise disseminating such advertising or anything incorporating such advertising and intended to be distributed for the purpose of disseminating it.

2

Unsolicited material addressed to electors (whether addressed to them by name or intended for delivery to households within any particular area). Expenses in respect of such material include design costs and other costs in connection with preparing, producing or distributing such material (including the cost of postage).

3

Transport (by any means) of persons to any place. Expenses in respect of the transport of such persons include the costs of hiring a means of transport for a particular period.

4

Public meetings (of any kind). Expenses in respect of such meetings include costs incurred in connection with the attendance of persons at such meetings, the hire of premises for the purposes of such meetings or the provision of goods, services or facilities at them.

5

The services of an election agent or any other person whose services are engaged in connection with the candidate's election.

6

Accommodation and administrative costs.

PART 2 — General Exclusions

7

The payment of any deposit required by rule 9 of the PCC elections rules.

8

The publication of any matter, other than an advertisement, relating to the election in—

(a) a newspaper or periodical;

(b) a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru;

(c) a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996 .

9

The preparation and submission of a candidate's election address in accordance with article 52.

10

The provision of any facilities provided in pursuance of any right conferred on candidates at an election by this Order other than facilities in respect of which expenses fall to be defrayed by virtue of article 56(4).

11

The provision by an individual of his or her own services which the individual provides voluntarily in his or her own time and free of charge.

12

(1) Accommodation which is the candidate's sole or main residence.

(2) The provision by any other individual of accommodation which is the individual's sole or main residence if the provision is made free of charge.

13

(1) Transport by a means of transport which was acquired by the candidate principally for the candidate's own personal use.

(2) Transport provided free of charge by any other individual if the means of transport was acquired by the individual principally for the individual's own personal use.

14

(1) Computing or printing equipment which was acquired by the candidate principally for the candidate's own personal use.

(2) The provision by any other individual of computing or printing equipment which was acquired by the individual principally for the individual's own personal use if the provision is made free of charge.

PART 3 — Supplemental

15

(1) The Commission may prepare, and from time to time revise, a code of practice giving—

(a) guidance as to the matters which do, or do not, fall within Part 1 or Part 2 of this Schedule;

(b) guidance (supplementing the definition in article 50) as to the cases or circumstances in which expenses are, or are not, to be regarded as incurred for the purposes of a candidate's election.

(c) guidance relating to the application of Part 3 of this Order in relation to expenses incurred for the purposes of a candidate’s election (whether or not election expenses).

(2) Once the Commission have prepared a draft code under this paragraph, they must submit it for approval to the Secretary of State.

(3) The Secretary of State may approve a draft code either without modification or with such modifications as the Secretary of State may determine.

(4) Once the Secretary of State has approved a draft code, the Secretary of State must lay a copy of the draft, whether—

(a) in its original form, or

(b) in a form which incorporates any modifications determined under sub-paragraph (3),

before each House of Parliament.

(5) If the draft incorporates any such modifications, the Secretary of State must at the same time lay before each House a statement of the reasons for making them.

(6) If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State must take no further steps in relation to the draft code.

(7) If no such resolution is made within the 40-day period—

(a) the Secretary of State must issue the code in the form of the draft laid before Parliament, and

(b) the code is to come into force on such date as the Secretary of State may by order made by statutory instrument appoint,

and the Commission must arrange for it to be published in such manner as they think appropriate.

(8) Sub-paragraph (6) does not prevent a new draft code from being laid before Parliament.

(9) In this paragraph, “the 40-day period”, in relation to a draft code, means—

(a) if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and

(b) in any other case, the period of 40 days beginning with the day on which the draft is laid before each House.

(10) For the purposes of calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(11) In this paragraph references to a draft code include a revised draft code.

(12) For the purposes of section 1 of the Statutory Instruments Act 1946 (definition of “statutory instrument”), the power to make an order which is conferred by sub-paragraph (7)(b) is to be taken to be conferred by an Act of Parliament.

16

(1) The Secretary of State may by order made by statutory instrument make such amendments of Part 1 or 2 of this Schedule as the Secretary of State considers appropriate.

(2) Any order under sub-paragraph (1) may not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(3) The Secretary of State may make an order under sub-paragraph (1) either—

(a) where the order gives effect to a recommendation of the Commission, or

(b) after consultation with the Commission.

(4) For the purposes of section 1 of the Statutory Instruments Act 1946 (definition of “Statutory Instrument”), the power to make an order which is conferred by sub-paragraph (1) is to be taken to be conferred by an Act of Parliament.

SCHEDULE 8 — Election addresses of candidates

PART 1 — Requirements as to election addresses and website

Interpretation

1

In this Schedule—

“election address”, in relation to a candidate at a PCC election, means a statement that is prepared on behalf of the candidate for inclusion on the website;

“the website” means the website of election addresses referred to in article 52(1).

Deadline for submission of election addresses to police area returning officer

2

As soon as reasonably practicable after the publication of notice of a PCC election, the police area returning officer must give public notice of the latest time for the submission of election addresses of candidates to the officer.

Content of election address to be determined by candidate

3

Subject to the requirements imposed by paragraphs 4, 5 and 6, the candidate may determine the content of the election address.

Preparation and submission of election address

4

(1) A candidate's election address—

(a) must be prepared by the candidate's election agent using Form 29 set out in Part 2 of this Schedule, and

(b) must be submitted to the police area returning officer before the time specified by the officer under paragraph 2.

(2) An election address must—

(a) contain a statement to the effect that it has been prepared by the candidate's election agent, and

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

(3) The election address must be completed in English or Welsh.

(4) The election address must be submitted in electronic form unless the police area returning officer is satisfied that there is good reason for it being submitted in hard copy form.

(5) When submitting an election address under sub-paragraph (4), the candidate's election agent may also submit a translation into Welsh or English (as the case may be) which is a complete and accurate translation.

Content of election address

5

(1) An election address must specify the candidate's name and must contain matter relating to the ... PCC 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 PCC election), or

(b) any material referring to any other candidate for election at the ... PCC election, or

(i) to be included with a view to commercial gain, or

(ii) to be indecent, obscene or offensive, or

(iii) to be such that its publication or distribution would be likely to amount to the commission of an offence.

(3) Any photograph showing the candidate which is included in an election address—

(a) must show no other person, and

(b) must comply with sub-paragraph (2).

(4) An election address may include a representation 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.

(5) Where an election address is prepared on behalf of an authorised party candidate, the address may contain a description registered under section 28A of the 2000 Act or, if the description is registered for use by candidates of two or more parties, under section 28B of that Act.

(6) For the purposes of sub-paragraphs (4) and (5)—

“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 which— is issued by or on behalf of the registered nominating officer of the party where the description is registered under section 28A of the 2000 Act , or of each of the parties where the description is registered under section 28B of that Act, and is 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 of the PCC elections rules;

“registered political party” has the meaning given in rule 6(6)(a) of the PCC elections rules.

Formatting and length of election address

6

(1) An election address must—

(a) in relation to any part of the form in Part 2 in which a maximum number of words is specified, not exceed the number of words there specified,

(b) comply with the requirements as to formatting which are specified in the form, and

(c) comply with such other requirements as the Secretary of State may specify with a view to facilitating its inclusion on the website.

(2) An election address must also be capable of being produced in hard copy form.

Duty of police area returning officer in relation to election address

7

(1) In this paragraph “relevant requirements” means the requirements imposed by paragraphs 4, 5 and 6.

(2) Where an election address is delivered to the police area returning officer on or before the time specified by the officer under paragraph 2, the officer must consider whether it complies with the relevant requirements.

(3) If the police area returning officer considers that it does not comply with one or more relevant requirements, the officer—

(a) must return it to the candidate's election agent, specifying each respect in which the officer considers that it does not comply, and

(b) may make any minor corrections which the officer reasonably considers necessary to secure that the election address does comply with those requirements.

(4) A candidate's election agent may re-submit an election address at any time before the time specified by the police area returning officer under paragraph 2.

(5) Once the police area returning officer is satisfied that an election address complies with the relevant requirements, the officer must send the address to the Secretary of State together with a statement that the officer is so satisfied.

(6) The police area returning officer must notify the candidate of the date on which the candidate's election address is sent to the Secretary of State and of any minor corrections which the officer has made.

Deadline for submission of election addresses to Secretary of State

8

(1) No election address may be included on the website unless it is received by the Secretary of State before midnight on the 18th day before the day of the election.

(2) But the Secretary of State may include on the website an election address which is delivered on or after the time specified in sub-paragraph (1) if the Secretary of State is satisfied there is good reason for its late delivery.

Candidate's right to comment in advance on the election address in template form

9

(1) As soon as reasonably practicable after the receipt of an election address submitted in accordance with paragraphs 7 and 8, the Secretary of State must provide the police area returning officer with a copy of the election address as it will appear on the website.

(2) The police area returning officer must forward each copy of the election address provided under sub-paragraph (1) to the election agent of the candidate whose election address it is, together with a notice which—

(a) invites the election agent to check the content of the copy against the content submitted by the election agent, and

(b) specifies the latest time for submission to the officer of any comments or corrections which the election agent may have.

(3) Where any comments on or corrections to an election address are received by the police area returning officer at or before the time specified under sub-paragraph (2)(b), the officer—

(a) must make such changes to the copy of the address provided under sub-paragraph (1) as the officer considers to be consistent with the requirements imposed by paragraphs 4, 5 and 6, and

(b) may make any typographical corrections which the officer considers necessary.

(4) As soon as reasonably practicable after the time specified under sub-paragraph (2)(b), the police area returning officer must return the copy of the election address to the Secretary of State with such changes (if any) as have been made to the address under this paragraph.

Election addresses included in the website

10

(1) This paragraph applies where—

(a) a copy of the election address of a candidate for any police area is returned to the Secretary of State under paragraph 9(4), and

(b) the candidate's name is shown in the statement of persons nominated for that area .

(2) The election address is to be included on the website.

(3) The step described in sub-paragraph (2) is to be taken as soon as reasonably practicable after the latest time set out in the Table in rule 1 of the PCC elections rules for the delivery of notices of withdrawals of candidature.

Liability for election addresses

11

No person other than—

(a) the candidate in respect of whom an election address is included on the website, and

(b) the candidate's election agent,

is to incur any civil or criminal liability in respect of the publication of the content of that election address on the website or its distribution in accordance with paragraph 13.

The website

12

(1) The Secretary of State must take all reasonable steps to ensure that the website is generally accessible and properly protected.

(2) The website must be capable of being searched according to—

(a) candidate name;

(b) police area;

(d) such other criteria as the Secretary of State considers appropriate.

(3) Any list of the names of candidates for a police area which results from a search carried out on the website must appear in alphabetical order.

(4) Any list of the names of candidates for a police area which appears on the website must be accompanied by a statement prepared by the police area returning officer.

(5) The statement referred to in sub-paragraph (4) must specify—

(a) the date of the PCC election,

(b) the nature and purpose of the website,

(d) any description of a candidate referred to in paragraph 5(5).

(6) The statement referred to in sub-paragraph (4) must also include—

(a) the name and contact details of the police area returning officer,

(b) the name and contact details of the website provider, and

(c) any other information for voters which the Commission may supply to the Secretary of State which is appropriate for inclusion on the website.

(7) The information referred to in sub-paragraph (6)(c) may include information about the office of police and crime commissioner, the system of voting to be used at PCC elections and how to vote in a manner to ensure that the vote is validly given.

Request for printed version of election addresses

13

(1) The Secretary of State must, on a request made by any person, send to that person a printed version of the election addresses of candidates for any police area in which the person is entitled to vote as an elector.

(2) The police area returning officer must forward to the Secretary of State any request for a printed version which is received by the officer.

(3) As soon as reasonably practicable after receipt of a request made by any person, the Secretary of State must send to that person—

(a) a printed copy of the election addresses of those candidates for the police area whose election addresses appear on the website,

(b) a list of all the candidates who then remain validly nominated for that police area, and

(4) The Secretary of State may arrange for the taking of steps to ensure that the election addresses of candidates for a police area are, so far as practicable, available—

(a) on request in large print, braille and on audio tape;

(b) in the offices of each local authority wholly or partly comprised in the police area;

(d) in any other premises to which the public normally have access in the police area.

PART 2 — Form in which election address to be submitted

SCHEDULE 9 — Application to PCC elections of existing provisions about legal proceedings

PART 1 — Representation of the People Act 1983

1

(1) The provisions of Part 3 of the 1983 Act listed in the first column of the table apply for the purposes of PCC elections.

(2) In their application by virtue of this paragraph, those provisions have effect—

(a) with the modifications (if any) shown in the second column of the table, and

(b) with any other necessary modifications, including in particular those set out in sub-paragraph (3).

(3) Except where the context otherwise requires—

(a) a reference to a provision that is applied by this Schedule has effect as a reference to that provision as so applied;

(b) expressions are to be construed in accordance with the definitions listed in article 2 of this Order.

(4) The provisions of the 1983 Act that apply for the purpose of PCC elections by virtue of this paragraph are in addition to the provisions of that Act that would apply for those purposes in any event.

(5) Articles 75 to 78 contain further provision as to the application of provisions in Part 3 of the 1983 Act.

Provision	Modification
Section 127 (method of questioning local election)	In the title, for “local election” substitute “ police and crime commissioner election ”.
	For “An election under the local government Act” substitute “ An election under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011 ”.

Section 128 (presentation of petition questioning local election)	In the title, for “local election” substitute “ police and crime commissioner election ”.

	In subsection (1), for “an election under the local government Act” substitute “ an election under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011 ”.

	In subsection (2), for “any returning officer” substitute “ any police area returning officer or local returning officer ”.

	In subsection (3), omit paragraph (b).

	For subsection (4) substitute—
	“(4) In England and Wales the prescribed officer shall send a copy of the petition to the appropriate officer for the police area for which the election was held, who shall publish it in the police area.”
Section 129(1) to (8) (time for presentation or amendment of petition questioning local election)	In the title, for “local election” substitute “ police and crime commissioner election ”.

	In subsection (1), for “an election under the local government Act” substitute “ an election under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011 ”.

	In subsection (5)(a), for “the appropriate officer” substitute “ the police area returning officer ”.

	After subsection (5), insert—
	“(5A) For the purposes of subsection (5)—
	“the date of the allowance of an authorised excuse” has the meaning assigned to it by article 45(9) of the Police and Crime Commissioner Elections Order 2012;
	“declaration as to election expenses” means a declaration made under article 41 of the Police and Crime Commissioner Elections Order 2012;
	“return as to election expenses” means a return made under article 40 of the Police and Crime Commissioner Elections Order 2012”.

	In subsection (6), omit the second paragraph.

	In subsection (7), for paragraph (b) substitute—
	“(b) to a corrupt practice under article 34 of the Police and Crime Commissioner Elections Order 2012 as if it were an illegal practice.”

Section 130 (election court for local election in England and Wales, and place of trial)	In the title, for “local election in England and Wales” substitute “ police and crime commissioner election ”.

	In subsection (1), for “an election in England and Wales under the local government Act” substitute “ an election under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011 ”.

	In subsection (2) for “any local government area in which he resides” substitute “ any police area in which he resides ”

	In subsection (3)(a), for “elections in England and Wales under the local government Act” substitute “ elections under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011 ”.

	In subsection (6), for “the area of the authority for which the election was held” substitute “ the police area for which the election was held ”.

	In subsection (7), for “the local government area” substitute “ the police area ”.
Section 131 (accommodation of and attendance on court)	In subsection (1)—
	(a) for “The proper officer of the authority for which the election was held” substitute “ The appropriate officer for the police area in which the election was held ”;
	(b) for “shall be paid by that authority” substitute “ shall be paid by the Secretary of State out of money provided by Parliament ”.

Section 132 (remuneration and allowances)	In subsection (2), for the words from “in the first instance” to the end substitute “ by the Secretary of State out of money provided by Parliament ”.

Section 133 (repayments under sections 131 and 132)	In subsection (1)—
	(a) for “the proper officer of the authority” (in both places) substitute “ the appropriate officer ”;
	(b) for “or to the Treasury” substitute “ or to the Secretary of State”.

Section 136 (security for costs)	For subsection (2) substitute—
	“(2) The security shall be such amount not exceeding £5,000 as the High Court, or a judge of the High Court, directs on an application made by the petitioner and shall be given in the prescribed manner by recognisance entered by any number of sureties not exceeding four or by a deposit of money, or partly in one way and partly in the other.”

Section 137 (petition at issue)

Section 138(1) to (4) (list of petitions)	In subsection (1), omit the words from “and the petitions” to the end.

	In subsection (3), omit “In the case of a petition questioning an election under the local government Act”.

	In subsection (4) omit “or to elections under the local government Act held at the same time for more than one electoral area in the same local government area”.

Section 139(1) to (6) (trial of petition)	In subsection (1), for the words from “not less than” to the end substitute “ not less than seven days before the day of trial ”.

	For subsection (3) substitute—
	“(3) The trial of an election petition shall be proceeded with notwithstanding that the respondent has ceased to hold the office of police and crime commissioner to which his election is questioned by the petition.”

	For subsection (4) substitute—
	“(4) On the trial of a petition, unless the court otherwise directs, any charge of a corrupt practice or illegal practice may be gone into, and evidence in relation to it received, before any proof has been given of agency on behalf of any candidate in respect of the corrupt or illegal practice.”

	For subsection (6) substitute—
	“(6) If it appears that there is an equality of votes between any candidates at an election conducted under the PCC elections rules, and that the addition of a vote would entitle any of those candidates to be declared elected then—
	(a) any decision under the provisions as to equality of votes in the PCC elections rules shall, in so far as it determines the question between those candidates, be effective also for the purposes of the petition, and
	(b) in so far as that question is not determined by such a decision, the court shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote.”

Section 140(1) to (6) (witnesses)	In subsection (1), omit the words from “but this subsection” to the end.

Section 141 (duty to answer relevant questions)	In subsection (1), omit paragraph (a)(ii).

	In subsection (2), omit paragraph (b).

Section 143 (expenses of witnesses)	In subsection (2), omit the second paragraph.

Section 145(1) and (2) to (6) (conclusion of trial of local election petition)	In the title, for “local election petition” substitute “ police and crime commissioner election petition ”.

	In subsection (1), for “an election under the local government Act” substitute “ an election under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011 ”.

	In subsection (3), for “in the area of the authority for which the election was held or in any electoral area of that authority's area” substitute “ in the police area in which the election was held. ”

	In subsection (6), for “the proper officer of the authority for which the election was held” substitute “ the appropriate officer for the police area in which the election was held ”.

Section 146(1), (3) and (4) (special case for determination of High Court)	In subsection (3)— (a) omit the words from the beginning to “local government Act”;
	(b) for “the proper officer of the authority for which the election was held” substitute “ the appropriate officer for the police area for which the election was held ”.

	In subsection (4), omit the second paragraph.

Section 147 (withdrawal of petition)	In subsection (1), omit the second paragraph.

	In subsection (2), for “the constituency or local government area” substitute “ the police area ”.

Section 154(1) and (2) (costs of petition)

Section 155 (neglect or refusal to pay)	For subsection (1) substitute—
	“(1) Subsection (2) below applies if a petitioner neglects or refuses for three months after demand to pay to any person summoned as a witness on his behalf or to the respondent any sum certified to be due to that person or the respondent for his costs, and the neglect or refusal is, within one year after the demand, proved to the satisfaction of the High Court.”

	For subsection (2) substitute—
	“(2) Where subsection (1) applies, every person who under this Act entered into a recognisance relating to that petition shall be held in default of the recognisance, and—
	(a) the prescribed officer shall thereupon certify the recognisance to be forfeited, and
	(b) it shall be dealt with as if forfeited by the Crown Court.”

Section 156 (further provision as to costs)

Section 157(1), (2), (3) and (6) (appeals and jurisdiction)	In subsection (2)—
	(a) for “Subject to the provisions of this Act and of the rules made under it,” substitute “ Subject to the provisions of this Part of this Act, the Police and Crime Commissioner Elections Order 2012 and the rules contained in that Order, ”;
	(b) for “an election under the local government Act” substitute “ an election under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011 ”.

	In subsection (3), after “subject to the provisions of” insert “ this Part of ”.

	In subsection (6), “elections under the local government Act” substitute “elections under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011”.

Section 158 (report as to candidate guilty of corrupt or illegal practice)	In subsection (1) omit “section 144 or”.

	In subsection (2), for “at a parliamentary election” substitute “ at an election under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011 ”.

	In subsection (3), omit the second paragraph.

Section 159(1) and (4) (candidate reported guilty of corrupt or illegal practice)	In subsection (4) after “this Act” insert “ or the Police and Crime Commissioner Elections Order 2012 ”.

Section 161 (justice of the peace)

Section 162 (member of legal and certain other professions)

Section 163 (holder of licence or certificate under the Licensing Acts)

Section 164 (avoidance for general corruption etc)	In subsection (3), for “An election under the local government Act” substitute “ An election under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011 ”.

	After subsection (3) insert—
	“(4) The reference to promoting or procuring a person's election includes doing so by prejudicing the electoral prospects of another candidate at the election.”

Section 166(2) and (3) (votes to be struck off for corrupt or illegal practices)	In subsection (3), for the words from “an incapacity to vote” to the end substitute “ an incapacity to vote at an election under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011 votes at that election, his vote shall be void ”.

Section 167(1), (1A) and (2) (application for relief)	In subsection (1), for the words from “if in respect of” to the end substitute “ if in respect of a payment made in contravention of article 37(1) or (2) of the Police and Crime Commissioner Elections Order 2012, to a county court ”.

	In subsection (2)—
	(a) for “this Act” (in each place) substitute “ this Part of this Act or any provision of the Police and Crime Commissioner Elections Order 2012 ”;
	(b) in paragraph (c), for “in the constituency or, as the case may be, the area of the authority” substitute “ in the police area ”.

Section 168 (prosecutions for corrupt practices)	In subsection (1)(a), in sub-paragraph (i), for “corrupt practice under section or 112A above” substitute “ corrupt practice under article 17 of, or paragraph 9A or 10 of Schedule 2 to, the Police and Crime Commissioner Elections Order 2012 ”.

Section 169 (prosecutions for illegal practices)

Section 170 (conviction of illegal practice on charge of corrupt practice etc)

Section 174 (mitigation and remission etc)

Section 175 (illegal payments or employments)	In subsection (2), omit the words from “and if an offence” to the end.

Section 176 (time limit for prosecutions)	In subsection (1)—
	(a) for “this Act” substitute “ this Part of this Act or contained in the Police and Crime Commissioner Elections Order 2012 ”;
	(b) omit “(or, in Northern Ireland, the Magistrates' Courts (Northern Ireland) Order 1981)”;
	(c) omit “or Order”.

	For subsection (2), substitute—
	“(2) For the purposes of this section, the laying of an information shall be deemed to be the commencement of a proceeding.”

	In subsection (2C)—
	(a) omit “or Crown Prosecutor”;
	(b) for “rule 57 of the parliamentary elections rules” substitute “ rule 68 of the PCC elections rules ”.

	In subsection (2D), for paragraph (a) substitute—
	“(a) directing the registration officer not to cause the documents to be destroyed at the expiry of the period of one year mentioned in rule 68 of the PCC elections rules,”.

Section 177 (local election punishable summarily)	In the title, for “local election” substitute “ police and crime commissioner election ”.

	For subsection (1) substitute—
	“(1) A prosecution for any offence punishable summarily in reference to an election under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011—
	(a) may be instituted before any magistrates' court in the county in which the whole or part of the police area for which the election is held is situated or which it adjoins; and
	(b) the offence shall be deemed for all purposes to have been committed within the jurisdiction of that court.”

Section 178 (prosecution of offences committed outside the United Kingdom)	For “an offence under this Act” substitute “ an offence under this Part of this Act or under the Police and Crime Commissioner Elections Order 2012 ”.

Section 179 (offences by associations)	For paragraph (b) substitute—
	“(b) any offence under article 64 of the Police and Crime Commissioner Elections Order 2012 (details to appear on election publications),”.
	After “by this Act” insert “ or by the Police and Crime Commissioner Elections Order 2012 ”.

Section 180 (evidence by certificate of holding of elections)	In this section—
	(a) omit “and” at the end of paragraph (a);
	(b) omit paragraph (b);
	(c) for “the certificate of the returning officer” substitute “ the certificate of the police area returning officer ”.

Section 180A (evidence by certificate of electoral registration)

Section 181(1) to (3A), (5) and (6) (Director of Public Prosecutions)	In subsection (1), for “any offence under this Act” substitute “ any offence under this Part of this Act, or under the Police and Crime Commissioner Elections Order 2012, ”.

	In subsection (5), for “the Treasury” substitute “ the Secretary of State”.

	In subsection (6), for “the Treasury” (in both places) substitute “the Secretary of State”.

Section 183(1) and (2) (costs)	In subsection (1), for “under Part 2 or this Part of this Act” substitute “ under this Part of this Act or under Part 3 of the Police and Crime Commissioner Elections Order 2012, ”.

Section 184 (service of notices)	In subsection (1)(a), for the words from “in the constituency” to the end substitute “ in the police area for which the election was held ”.

In section 185 (interpretation), the definition of “candidate”, “costs”, “Licensing Acts”, “money” and “pecuniary award”, “payment”, “prescribed”.	In the definition of candidate, for the words from “has the same meaning” to the end substitute “ has the same meaning as in the Police and Crime Commissioner Elections Order 2012 ”.

	In the definition of “Licensing Acts”, for the words from “means” to the end substitute “ means the Licensing Act 2003 and the Acts amending that Act, or the corresponding enactments forming part of the law of Scotland or Northern Ireland. ”

	In the definition of “prescribed” for the words from “means” to the end substitute “ means prescribed by the Election Petition Rules 1960, as applied by paragraph 2 of Schedule 9 to the Police and Crime Commissioner Elections Order 2012 ”.

Section 186 (computation of time)	In this section—
	(a) for “Section 119 above” substitute “ Article 73 of the Police and Crime Commissioner Elections Order 2012 ”;
	(b) for “as for Part 2 of this Act” substitute “ as for Part 3 that Order ”.

PART 2 — Election Petition Rules 1960

2

(1) The Election Petition Rules 1960 apply for the purposes of PCC elections.

(2) In the application by virtue of this paragraph of any provision of those Rules which is listed in the first column of the table, that provision has effect—

(a) with the modifications (if any) shown in the second column of the table, and

(b) with any other necessary modifications, including in particular those set out in sub-paragraph (3).

(3) Except where the context otherwise requires—

(a) a reference to a provision that is applied by this Schedule has effect as a reference to that provision as so applied;

(b) expressions are to be construed in accordance with the definitions listed in article 2 of this Order.

Provision	Modification
Rule 2 (definitions)	In paragraph (2)—
	(a) omit the definition of “local election petition”;
	(b) in the definition of “petition” for the words from “means” to the end substitute “ means a PCC election petition ”;
	(c) for the definition of “constituency” substitute “ “police area” means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London) ”;
	(d) in the definition of “returning officer”, for the words from “means” to the end substitute “ means the police area returning officer for the police area to which the PCC election petition relates ”.

	In paragraph (3), for “the prescribed officer in relation to elections under the local government Act” substitute “ the prescribed officer in relation to elections under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011 ”.

	In paragraph (4), for “Subject to the provisions of the Act and these Rules,” substitute “ Subject to the provisions of the Act, these Rules and the Police and Crime Commissioner Elections Order 2012, ”.

Rule 4 (form of petition)	In paragraph (1)—
	(a) in sub-paragraph (a), omit “section 121(1) or”;
	(b) in sub-paragraph (b), omit the words from “showing” to the end;
	(c) in sub-paragraph (c), omit “subsection (2) or (3) of section 122 of”.

Rule 6 (notice to be given to respondent and DPP)	In paragraph (1), omit “section 121(2) or”.

Rule 9 (display etc of notice of time and place of trial)	In paragraph (3), omit the words from the beginning to “and in any other case”.

	In paragraph (4), for “in his constituency” substitute “ in the police area for which the returning officer acts ”.

Rule 12 (application for leave to withdraw a petition)	In paragraph (2)(b), for “in the constituency” substitute “ in the police area ”.

	In paragraph (4), for “in his constituency” substitute “ in the police area for which the returning officer acts ”.

Rule 14 (petition abated in the event of a petitioner's death)	In paragraph (1)—
	(a) in sub-paragraph (b), for “in his constituency” substitute “ in the police area for which the returning officer acts ”;
	(b) in sub-paragraph (c), for “in the constituency” substitute “ in the police area ”.

Rule 16	Omit rule 16

Rule 19 (computation of time)	In paragraph (1), for “section 119 of the Act” substitute “ article 73 of the Police and Crime Commissioner Elections Order 2012 ”.

	In paragraph (2), for “section 119(2) of the Act” substitute “ article 73(1)(a) to (c) of the Police and Crime Commissioner Elections Order 2012 ”.

Schedule (form of election petition)	In the preamble, for “And in the matter of a Parliamentary (or Local Government) Election for (state place)” substitute “ And in the matter of a police and crime commissioner election for (state police area) ”.

	In paragraph 1, omit “(or in the case of a parliamentary election claims to have had a right to be elected or returned at the above election)”.

	For paragraph 2, substitute—
	“2 That the election was held on the .. .. .. ..day of .. .. .. .., 20 .. .., when E.F., G.H. and J.K. were candidates, and on the .. .. .. ..day of .. .. .. ..20 .. .., and E.F. was declared to be duly elected as police and crime commissioner”.

	In paragraph 4, omit “in section 122(2) or (3) or”

	For the prayer, substitute—
	“The Petitioner(s) therefore pray(s)—
	(1) That it may be determined that the said E.F. was not duly elected and that the election was void (or that the said J.K. was duly elected and ought to have been returned) (or as the case may be).
	(2) That the Petitioner(s) may have such further or other relief as may be just.”

SCHEDULE 10 — Access to marked registers and other documents open to public inspection after an election

Interpretation of this Schedule

1

(1) In this Schedule references to the “marked register or lists” means any part of the marked copies of—

(a) the full register,

(b) notices amending that register under sections 13A(2), 13AB(2), 13B(3), (3B) or (3D) of the 1983 Act (alteration of registers),

(d) the list of proxies, and

(e) the proxy postal voters list,

which were forwarded to the relevant registration officer under paragraph 59 of Schedule 2 (retention of postal ballot papers, etc) or rule 66 of the PCC elections rules (retention of documents).

(2) In this Schedule—

(a) “full register” and “edited register” have the same meaning as in the 2001 Regulations;

(b) “processor” means a person who provides a service which consists of putting information into data form and any reference to a processor includes a reference to the processor's employees;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(e) any reference to an employee of any person who has access to a copy of the full register includes a reference to any person working or providing services for the purposes of that person or employed by or on behalf of, or working for, any person who is so working or who is supplying such a service.

(3) Subject to any direction given by the Secretary of State under article 6, any duty of a relevant registration officer to supply records or lists or make them available for inspection under this Schedule imposes only a duty to provide that information in the form in which the relevant registration officer holds it.

Supply of marked registers and lists after an election

2

(1) Any person who, in accordance with any of the provisions listed in sub-paragraph (2), is entitled to be supplied with copies of the full register at the time of a particular PCC election is also a person entitled to request that a relevant registration officer supply copies of the relevant part (within the meaning of the listed provisions) of the marked register or lists the relevant registration officer is required to keep.

(2) The listed provisions are—

(a) paragraph 3 of Schedule 1 (supply of full register etc to police and crime commissioner and restrictions on use);

(b) paragraph 5 of Schedule 1 (supply of full register etc to candidates and restrictions on use);

(c) regulation 100 of the 2001 Regulations (supply of free copy of full register etc to Commission and restrictions on use);

(d) regulation 105 of the 2001 Regulations (supply of full register etc to local constituency parties and restrictions on use);

(e) regulation 106 of the 2001 Regulations (supply of full register etc to registered political parties and restrictions on use);

(f) regulation 109 of the 2001 Regulations (supply of full register etc to police forces and other agencies and restrictions on use);

(g) regulation 113 of the 2001 Regulations (sale of full register to government departments and other bodies).

(3) A person who was entitled to request copies of the marked register or lists under sub-paragraph (1) by being in a category of persons covered by sub-paragraph (2)(a), (b), (d) or (e) before a particular PCC election, is entitled to request those documents regardless of whether that person remains in an entitled category after the election for which the marked register or list was prepared.

(4) A request under sub-paragraph (1) must be made in writing and must—

(a) specify which of the marked register or lists (or the relevant part of the register or lists) is requested,

(b) state whether a printed copy is requested or a copy in data form, and

(c) state the purposes for which the marked register or lists will be used and why the supply or purchase of a copy of the full register or unmarked lists would not be sufficient to achieve those purposes.

(5) The relevant registration officer must supply a copy of the relevant part of the marked register or lists where a request is duly made, and—

(a) the relevant registration officer is satisfied that the requestor needs to see the marks on the marked register or lists in order to achieve the purpose for which it is requested, and

(b) the relevant registration officer has received payment of a fee calculated in accordance with paragraph 6.

(6) If the relevant registration officer is not satisfied in accordance with sub-paragraph (5)(a) the relevant registration officer must inform the requestor of the relevant registration officer's decision under this paragraph; and

(a) where the request relates to the marked register, provide the requestor with information concerning the availability of the published full register for inspection in accordance with regulation 43 of the 2001 Regulations (publication of register);

(b) where the request relates to the marked lists, provide information concerning the availability of the unmarked lists in accordance with paragraphs 20 and 21 of Schedule 2 (absent voting lists: supply of copies and inspection).

(7) A person who obtains a copy of any part of a marked register or list under this paragraph may use it only for the permitted purposes specified in paragraph 5(3), and such use is also subject to—

(a) any conditions specified in paragraph 5, or

(b) where the request to the registration officer is made by reference to a provision specified in sub-paragraph (8), any conditions which would apply to the use of the full register under whichever of the listed provisions entitled that person to obtain that document.

(8) The specified provisions are—

(a) paragraph 3(3)of Schedule 1;

(b) paragraph 5(3) of Schedule 1;

(d) regulation 105(4) of the 2001 Regulations;

(e) regulation 106(3) of the 2001 Regulations;

(f) regulation 109(3) of the 2001 Regulations;

(g) regulation 113 of the 2001 Regulations.

(9) Where a person has been supplied with a marked register or list, or any information contained in it (that is not contained in the edited register), by a person to whom a provision specified in sub-paragraph (8) applies, the restrictions in that provision also apply to the person to whom the register, list or information was supplied, as they apply to that other person.

(10) Any person who has obtained or is entitled to obtain a copy of the marked register or lists under this paragraph may—

(a) supply a copy of the marked register or lists to a processor for the purpose of processing the information it contains, or

(b) procure that a processor processes and supplies to the person any copy of the information in the marked register or lists which the processor has obtained under this paragraph,

for use in respect of the purposes for which that person is entitled to obtain such copy or information (as the case may be).

(11) A processor may not disclose the marked register or lists or the information contained in them except to the person who supplied it to the processor or any other person, or an employee of such a person, who is entitled to obtain a copy of the marked register or lists under this Schedule.

Inspection of documents open to public inspection

3

(1) Any person is entitled to request that the relevant registration officer make available for inspection a copy of any of the following documents (referred to in this Schedule as “the documents open to public inspection”)—

(a) the marked register or lists;

(b) such other documents relating to a PCC election as the relevant registration officer is required by or under any enactment to retain for any period except—

(i) ballot papers;

(ii) completed corresponding number lists;

(iii) certificates as to employment on the day of the election;

(iv) the list required to be compiled under paragraph 55(4) or (6) of Schedule 2.

(v) return of postal voting documents forms.

(2) A request under sub-paragraph (1) must be made in writing and must specify—

(a) which documents are requested,

(b) the purposes for which the information in any document will be used,

(c) where the request is to inspect the marked register or lists, any reason why inspecting the full register or unmarked lists would not be sufficient to achieve those purposes,

(d) who will inspect the documents,

(e) the date on which they wish to inspect the documents, and

(f) whether they would prefer to inspect the documents in printed or data form.

(3) Subject to sub-paragraph (5), the relevant registration officer must make the documents open to public inspection available for inspection under supervision not later than 10 days after the date of receipt of a request that has been duly made.

(4) In computing the period referred to in sub-paragraph (3)—

(a) a Saturday or Sunday,

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

is to be disregarded.

(5) Where a request has been made to inspect copies of the marked register or lists under sub-paragraph (2) and the relevant registration officer is not satisfied that the purposes of the requestor cannot be met by inspection of the full register, the relevant registration officer must—

(a) inform the requestor of the relevant registration officer's decision under this paragraph, and

(b) provide the requestor with information concerning the availability of the published full register for inspection in accordance with regulation 43 of the 2001 Regulations.

(6) A person who obtains a copy of or information in any document open to public inspection under this paragraph may use it only for the permitted purposes specified in paragraph 5, and such use is also subject to—

(a) any conditions specified in paragraph 5,

(b) any conditions specified in sub-paragraph (8), and

(c) any conditions which would apply to the use of the full register under regulation 109 of the 2001 Regulations where such a person had obtained a copy of that document under sub-paragraph (9).

(7) Where inspection takes place by providing the records or lists on a computer screen or otherwise in data form, the relevant registration officer must ensure that the manner in which, and equipment on which, that copy is provided do not permit any person consulting that copy to—

(a) search it by electronic means by reference to the name of any person; or

(b) copy or transmit any part of that copy by electronic or any other means.

(8) Subject to sub-paragraph (9), a person who inspects a copy of a document open to public inspection, whether a printed copy or in data form, may not—

(a) make copies of any part of it, or

(b) record any particulars in it,

except that a person who inspects a copy of the marked register or lists may make hand-written notes.

(9) The relevant registration officer must, on request, supply free of charge copies of any documents open to public inspection—

(a) to the Security Service, the Government Communications Headquarters, or the Secret Intelligence Service;

(b) to a person who has inspected those documents and who is entitled to be supplied with a copy of the marked register or lists by virtue of being a person to whom regulation 109 of the 2001 Regulations applies.

Restrictions on use, supply and disclosure of documents by registration officer and staff

4

(1) This paragraph applies to—

(a) the relevant registration officer,

(b) any deputy registration officer, and

(c) any person appointed to assist a relevant registration officer or who in the course of that person's employment is assigned to assist the relevant registration officer.

(2) A person to whom this paragraph applies must not—

(a) supply to any person a copy of the documents open to public inspection,

(b) disclose information contained in those documents (and not contained in the edited register), or

otherwise than in accordance with an enactment, including this Order.

(3) Nothing in sub-paragraph (2) applies to the supply or disclosure by a person (“P”) to whom this paragraph applies to another such person in connection with P's registration duties or for the purposes of an election or referendum.

Calculating the fee for supply of marked registers or lists

6

(1) The fee to be paid in accordance with paragraph 2(5)(b) by a person making a request for a copy of the whole or of any part of the marked register or lists is set out in sub-paragraph (2).

(2) The fee shall be the sum of £10, plus for a copy—

(a) in printed form, £2 for each 1,000 entries (or remaining part of 1,000 entries) covered by the request, and

(b) in data form, £1 for each 1,000 entries (or remaining part of 1,000 entries) covered by the request.

(3) For the purposes of this paragraph, a request for a copy of the whole or the same part of the marked register or lists in both a printed and data form may be treated as two separate requests.

Failure to comply with conditions relating to supply etc of certain documents

7

(1) A person is guilty of an offence—

(a) if the person fails to comply with any of the provisions specified in sub-paragraph (2), or

(b) if the person is an appropriate supervisor of a person (“P”) who fails to comply with such a provision and the supervisor failed to take appropriate steps.

(2) The specified provisions are paragraphs 2(7), (9) and (11), 3(6) and (8), 4(2) and 5(2).

(3) P is not guilty of an offence under sub-paragraph (1) if—

(a) P had an appropriate supervisor, and

(b) P has complied with all the requirements imposed on P by P's appropriate supervisor.

(4) A person who is not P or an appropriate supervisor is not guilty of an offence under sub-paragraph (1) if the person takes all reasonable steps to ensure that he or she complies with the provisions specified in sub-paragraph (2).

(5) In sub-paragraphs (1)(b), (3) and (4)—

(a) an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation in which P is employed or under whose direction or control P is;

(b) appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the provisions specified in sub-paragraph (2).

(6) A person guilty of an offence as mentioned in sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Signed

Nick Herbert — Minister of State — 2012-07-24

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 2011 c.13 (“the 2011 Act”).

[^f00002]: 2000 c.41. Section 7(2)(hc) was inserted by paragraph 11 of Schedule 10 to the 2011 Act.

[^f00003]: 1983 c.2.

[^f00004]: 2000 c.41.

[^f00005]: S.I. 2001/341.

[^f00006]: Section 9B was inserted by section 10(1) of the Electoral Administration Act 2006 (c.22).

[^f00007]: 2007 c.29.

[^f00008]: 1971 c.80.

[^f00009]: 1972 c.70.

[^f00010]: 2000 c.22. Part 1A of the Local Government Act 2000 was inserted by section 21 of, and Schedule 2 to, the Localism Act 2011 (c.20).

[^f00011]: 1992 (c.14). Chapter 4ZA of Part 1 of that Act was inserted by section 72 of, and Schedule 5 to, the Localism Act 2011.

[^f00012]: 1978 c.30.

[^f00013]: 1996 c.16.

[^f00014]: Paragraph 8A was inserted by section 10(2) of, and paragraphs 2 and 15 of Schedule 1 to the Electoral Administration Act 2006 (c.22).

[^f00015]: There is a definition of “local government elector” in section 76 of the Police Reform and Social Responsibility Act 2011 (c.13).

[^f00016]: Article 9 was substituted as Article 8 by Article 1.12, and renumbered as Article 9 by Article 5.1, of the Treaty of Lisbon amending the Treaty on European Union and the Treaty Establishing the European Community (2007/C 306/1).

[^f00017]: 1972 c.70.

[^f00018]: Section 13A of the Representation of the People Act 1983 was substituted by paragraph 6 of Schedule 1 to the Political Parties, Elections and Referendums Act 2000. Section 13B 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) and section 74 of, and paragraph 3 of Schedule 10 to, the Police Reform and Social Responsibility Act 2011 (c.13). Subsections (3B) and (3D) were inserted by section 11(4) of the Electoral Administration Act 2006.

[^f00019]: S.I. 2004/293.

[^f00020]: Section 9H was inserted by section 21 of, and Schedule 2 to, the Localism Act 2011 (c.20).

[^f00021]: 1972 c.70.

[^f00022]: 1984 c.60. Section 24A was inserted by section 110(1) of the Serious Organised Crime and Police Act 2005 (c.15) and amended by section 2 of the Racial and Religious Hatred Act 2006 (c.1).

[^f00023]: See the restriction in paragraph 6(5) of Schedule 2.

[^f00024]: S.I. 2012/1918.

[^f00025]: 2000 c.41. Sections 6A to 6D were inserted by section 29 of the Electoral Administration Act 2006 and section 6A(5) was amended by paragraphs 89 and 92 of S.I. 2007/1388 and paragraph 10 of Schedule 10 to the Police Reform and Social Responsibility Act 2011 (c.13).

[^f00026]: Section 15A was inserted by section 59(1) and (3) of the Electoral Administration Act 2006 (c.22).

[^f00027]: 2006 c.22. Subsection (3A) was inserted by section 19(4) of the Political Parties and Elections Act 2009 (c.12).

[^f00028]: 2011 c.13.

[^f00029]: 1990 c.42.

[^f00030]: 1996 c.55.

[^f00031]: 1946 9&10 Geo.6 (c.36).

[^f00032]: 1990 c.42.

[^f00033]: 1990 c.42.

[^f00034]: 1996 c.55.

[^f00035]: S.I. 2012/1918.

[^f00036]: 1946 9&10 Geo.6 (c.36).

[^f00037]: Subsection (1) of section 160 was amended by paragraph 24 of, and paragraph 52 of Schedule 5 to, the Representation of the People Act 1985 (c.50). Subsections (4A) and (5A) were substituted by section 137(b) of, and paragraphs 1 and 8 of Schedule 17 to, the 2000 Act; subsection (4A) was amended by S.I. 2007/931 and subsection (5A) was amended by section 74(1) of, and paragraphs 104 and 120(1) and (3) of Schedule 1 to, the Electoral Administration Act 2006.

[^f00038]: Section 62A was inserted by section 40 of the Electoral Administration Act 2006; section 62B was inserted by section 15 of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (2006 asp 14).

[^f00039]: Subsection (1) of section 165 was amended by section 17(3) of, and Schedule 2 to, the Bribery Act 2010 (c.23). Subsection (4) was inserted by section 17 of, and paragraphs 1 and 36 of Schedule 3 to, the Greater London Authority Act 1999 (c.29).

[^f00040]: Section 173 was substituted by section 136 of the 2000 Act and subsection (2) was amended by S.I. 2007/931.

[^f00041]: Section 173A was substituted by section 136 of the 2000 Act and amended by section 74(1) of, and paragraphs 104 and 123 of Schedule 1 to, the Electoral Administration Act 2006, by section 34(3) of the Local Electoral Administration and Registration Services (Scotland) Act 2006 and by S.I. 2007/931.

[^f00042]: S.I. 2007/783.

[^f00043]: S.I. 1992/666.

[^f00044]: Section 13A of the Representation of the People Act 1983 was substituted by paragraph 6 of Schedule 1 to the Political Parties, Elections and Referendums Act 2000. Section 13B 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) and section 74 of, and paragraph 3 of Schedule 10 to, the Police Reform and Social Responsibility Act 2011 (c.13). Subsections (3B) and (3D) were inserted by section 11(4) of the Electoral Administration Act 2006. Section 13BB was inserted by section 23(1) of the Political Parties and Elections Act 2009 (c.12).

[^f00045]: Schedule 4 to the Representation of the People Act 2000 (c.2) also has effect in relation to mayoral elections in England and Wales by virtue of Schedule 2 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024). It also has effect in relation to referendums in England by virtue of Schedule 4 to the Local Authorities (Conduct of Referendums) (England) Regulations 2012 (S.I. 2012/323) and Schedule 4 to the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444).

[^f00046]: S.I. 2004/293.

[^f00047]: 2000 c.22. Sections 9HE and 9MG were inserted by section 21 of, and Schedule 2 to, the Localism Act 2011 (c.20). Section 45 was amended by section 22 of, and paragraph 66 of Schedule 3 to, that Act. Section 105 was amended by section 22 of, and paragraph 70 of Schedule 3 to, that Act.

[^f00048]: 1992 c.14. Section 52ZQ was inserted by Schedule 5 to the Localism Act 2011 and section 113 was amended by section 72 of, and paragraph 32 of Schedule 6 to, that Act.

[^f00049]: 1983. c.20. The definition of “managers” was amended by paragraph 24(9) of Schedule 9 to the National Health Service and Community Care Act 1990 (c.19), section 1 of the Mental Health (Amendment) Act 1994 (c.6), paragraph 107(14) of Schedule 1 to the Health Authorities Act 1995 (c.17), Schedule 5 to the Health Act 1999 (c.8), paragraphs 42 and 49 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002 (c.17), paragraphs 50 and 57 of Schedule 4 to the Health and Social Care (Community Health and Standards) Act 2003 (c.43), paragraphs 62 and 70(d) of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 and section 46(1)and (3)(b) of the Mental Health Act 2007 (c.12); and by S.I. 2000/90 2002/2469, 2007/961 and 2010/813.

[^f00050]: 1984 c.24.

[^f00051]: 1989 c.44, as amended by S.I. 2005/848.

[^f00052]: S.I. 2010/231.

[^f00053]: 1993 c.21.

[^f00054]: 1994 c.17.

[^f00055]: S.I. 2002/254.

[^f00056]: 2000 c.14.

[^f00057]: Section 56 has been amended by SI 2007/3101.

[^f00058]: 1948 c.29 (R.11&12 Geo 6).

[^f00059]: 1998 c.29.

[^f00060]: 2000 c.41. Sections 6A to 6D were inserted by section 29 of the Electoral Administration Act 2006 and section 6A(5) was amended by paragraphs 89 and 92 of S.I. 2007/1388 and by paragraph 10 of Schedule 10 to the Police Reform and Social Responsibility Act 2011 (c.13).

[^f00061]: Section 9H was inserted by section 21 of, and Schedule 2 to, the Localism Act 2011 (c.20).

[^f00062]: 2011 c.5.

[^f00063]: Article 84 contains other provision about forms.

[^f00064]: Section 28 was amended by S.I. 2004/366 and by section 48 of the Electoral Administration Act 2006 (c.22). Section 22 of the Political Parties, Elections and Referendums Act 2000 is amended by article 24 of this Order so that the requirements as to registration of political parties in Part 2 of that Act apply to elections of police and crime commissioners.

[^f00065]: Section 28A was inserted by section 49(1) of the Electoral Administration Act 2006.

[^f00066]: Section 28B was inserted by section 49(1) of the Electoral Administration Act 2006.

[^f00067]: Section 6A and 6B of the Political Parties and Referendums Act 2000 (c.41) were inserted by section 29 of the Electoral Administration Act 2006 (c.22). Section 6A(5) was amended by paragraph 10 of Schedule 10 to the Police Reform and Social Responsibility Act 2011 (c.13) and by S.I. 2007/1388.

[^f00068]: See rule 13.

[^f00069]: Section 13B of the Representation of the People Act 1983 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) and section 74 of, and paragraph 3 of Schedule 10 to, the Police Reform and Social Responsibility Act 2011 (c.13). Subsections (3B) and (3D) were inserted by section 11(4) of the Electoral Administration Act 2006.

[^f00070]: 2000 c.22. Sections 6A to 6F were inserted by section 29 of the Electoral Administration Act 2006 (c.22) and amended by paragraph 10 of Schedule 10 to the Police Reform and Social Responsibility Act 2011 (c.13).

[^f00071]: Paragraph 4(2) to (4) of Schedule 9 to the 2011 Act contain provision about which candidates remain in the contest.

[^f00072]: Article 84 contains other provision about forms.

[^f00073]: Section 15 has effect in relation to mayoral elections in England and Wales by virtue of regulation 3 of the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024). It also has effect in relation to referendums in England by virtue of Schedule 4 to the Local Authorities (Conduct of Referendums) (England) Regulations 2012 (S.I. 2012/323) and Schedule 4 to the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444).

[^f00074]: 2000 c.22. Section 9H was inserted by section 21 of, and Schedule 2 to, the Localism Act 2011 (c.20).

[^f00075]: 2000 (c.22). Part 1A of the Local Government Act 2000 was inserted by section 21 of, and Schedule 2 to, the Localism Act 2011. Police and crime commissioner elections are already listed in the definition of “relevant election or referendum” in regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 (S.I. 2012/323).

[^f00076]: 1992 (c.14). Chapter 4ZA of Part 1 of the Local Government Finance Act 1992 was inserted by section 72 of, and Schedule 5 to, the Localism Act 2011. Police and crime commissioner elections are already listed in the definition of “relevant election or referendum” in regulation 2(1) of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444).

[^f00077]: S.I. 2004/293.

[^f00078]: Schedule 3 to the European Parliamentary Elections Regulations 2004 modifies the European Parliamentary elections rules in their application to combined polls by virtue of regulation 11 of those Regulations (combination of polls).

[^f00079]: S.I. 2004/294. The regulations are modified in relation to certain referendums by regulations made under sections 52ZQ and 113 of the Local Government Finance Act 1992 (see Schedule 4 to S.I. 2012/444).

[^f00080]: Schedule 2 to the Representation of the People (Combination of Polls) (England Wales) Regulations 2004 modifies the parliamentary elections rules in their application to combined polls by virtue of regulation 8 of the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (combination of polls).

[^f00081]: S.I. 2006/3304.

[^f00082]: S.I. 2006/3305.

[^f00083]: S.I. 2007/1024.

[^f00084]: 2000 (c.22). Part 1A of the Local Government Act 2000 was inserted by section 21 of, and Schedule 2 to, the Localism Act 2011 (c.20).

[^f00085]: 1992 (c.14). Chapter 4ZA of Part 1 of that Act was inserted by section 72 of, and Schedule 5 to, the Localism Act 2011.

[^f00086]: Article 84 contains other provision about forms.

[^f00087]: 1946 9&10 Geo.6 (c.36).

[^f00088]: Regulation 45G was inserted by S.I. 2006/2910.

[^f00089]: Article 84 contains other provision about forms.

[^f00090]: 1990 c.42.

[^f00091]: 1996 c.55.

[^f00092]: 1946 9&10 Geo.6 (c.36).

[^f00093]: Section 28A and 28B were inserted by section 49(1) of the Electoral Administration Act 2006 (c.22).

[^f00094]: See rule 13 of the PCC elections rules in Schedule 3.

[^f00095]: 2003 c.17.

[^f00096]: S.I. 1960/543.

[^f00097]: Section 13A of the Representation of the People Act 1983 was substituted by paragraph 6 of Schedule 1 to the Political Parties, Elections and Referendums Act 2000. Section 13B 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) and section 74 of, and paragraph 3 of Schedule 10 to, the Police Reform and Social Responsibility Act 2011 (c.13). Subsections (3B) and (3D) were inserted by section 11(4) of the Electoral Administration Act 2006. Section 13BB was inserted by section 23(1) of the Political Parties and Elections Act 2009 (c.12).

[^f00098]: 1998 c.29.

Additional requirements: applications where address for ballot papers differs from address in application

Additional requirements: applications for ballot papers to be sent to different address from address in record

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