The Combined Authorities (Mayoral Elections) Order 2017

Made: 30th January 2017

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the powers conferred by sections 114 and 117(1A) and (5) of, and paragraph 12 of Schedule 5B to, the Local Democracy, Economic Development and Construction Act 2009 .

The Secretary of State has consulted the Electoral Commission about this Order in accordance with paragraph 12(4) of Schedule 5B to that Act.

The provisions of this Order which relate to the limitation of election expenses (and the creation of criminal offences in connection with the limitation of such expenses) are made in accordance with a recommendation of the Electoral Commission.

In accordance with section 117(2) of the Local Democracy, Economic Development and Construction Act 2009, a draft of this Order has been laid before and approved by resolution of each House of Parliament.

Citation and commencement

1

This Order may be cited as the Combined Authorities (Mayoral Elections) Order 2017 and comes into force the day after the day on which it is made.

Interpretation

2

In this Order—

• “the 1983 Act” means the Representation of the People Act 1983 ;

• “the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009;

• “the 2023 Act” means the Levelling-up and Regeneration Act 2023;

• “the Elections Regulations” means the Representation of the People (England and Wales) Regulations 2001 ;

• “the ... Mayoral Elections Rules” means the rules set out in Schedule 1 or Schedule 3 to this Order as the case may be;

• “the Referendums Regulations” means the Local Authorities (Conduct of Referendums) (England) Regulations 2012 or the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 ;

• “CA/CCA returning officer” means the combined authority returning officer or, as the case may be, the combined county authority returning officer;

• “candidate” means a candidate to be a combined authority mayor or, as the case may be, a combined county authority mayor;

• “combined authority mayor”, in relation to the area of a combined authority, means the mayor for the area of the authority by virtue of an order under section 107A(1) of the 2009 Act;

• “combined authority mayoral election” means an election for the return of a combined authority mayor;

• “combined authority returning officer” means—the person appointed under article 6; orany person appointed under subsection section 35(4) of the 1983 Act by a person of a description mentioned in paragraph (a);

• “combined county authority mayor”, in relation to the area of a combined county authority, means the mayor for the area of the authority by virtue of regulations made under section 27(1) of the 2023 Act;

• “combined county authority mayoral election” means an election for the return of a combined county authority mayor;

• “combined county authority returning officer” means—the person appointed under article 6A, orany person appointed under section 35(4) of the 1983 Act by a person of a description mentioned in paragraph (a);

• “constituent council” means—in relation to the area of a combined authority—a county council the whole or any part of whose area is within the area of the combined authority, ora district council whose area is within the area of the combined authority;in relation to the area of a combined county authority—a county council for an area within the combined county authority’s area, ora unitary district council for an area within the combined county authority’s area;

• “election” or “CA/CCA mayoral election” means an election for the return of a combined authority mayor or, as the case may be, a combined county authority mayor;

• “electoral area” means the area for the combined authority or combined county authority for which the election is held;

• ...

• “local government election” has the same meaning as in section 203(1) of the 1983 Act;

• “local government mayoral election” means an election for the return of an elected mayor in accordance with Part 1A of the Local Government Act 2000 ;

• “police and crime commissioner election” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011 ;

• “proper officer” has the meaning given by section 270(3) of the Local Government Act 1972 ;

• “referendum” means a referendum conducted under the Referendums Regulations;

• “register of local government electors” means the register maintained under section 9 of the Representation of the People Act 1983 ;

• “relevant election or referendum” means one or more of the following—a Parliamentary election,...a local government election,a local government mayoral election,...a referendum,a police and crime commissioner election,the poll at which is taken together with the poll at the ... mayoral election;

• “returning officer”, in relation to a CA/CCA mayoral election, means—the person appointed in accordance with article 5, orany person appointed under section 35(4) of the 1983 Act by a person of a description mentioned in paragraph (a).

Conduct of combined authority mayoral elections

3

• (1) Subject to article 4(1), a CA/CCA mayoral election shall be conducted in accordance with the rules set out in Schedule 1.

• (2) The relevant provisions in the enactments referred to in paragraph (3) shall have effect in relation to the conduct of a CA/CCA mayoral election as they have effect in relation to the conduct of an election of councillors for any county electoral division or district ward subject to the modifications set out in paragraph (4).

• (3) The enactments referred to in paragraph (2) are—

• (a) the 1983 Act,

• (b) the Representation of the People Act 1985,

• (c) the Representation of the People Act 2000 ,

• (d) the Political Parties, Elections and Referendums Act 2000 ,

• (e) the Elections Regulations, and

• (f) the Electoral Administration Act 2006 .

• (4) The modifications referred to in paragraph (2) are—

• (a) references in the relevant provisions to “local government elections” shall be taken to include CA/CCA mayoral elections,

• (b) references in the relevant provisions to a “candidate” shall be taken to include a candidate at a CA/CCA mayoral election,

• (c) references in the relevant provisions to a “returning officer” shall be taken to include a CA/CCA returning officer,

• (d) the other modifications set out in Schedule 2.

• (5) In this article “relevant provisions” means the provisions which have effect in relation to the conduct of the election of councillors for any county electoral division or district ward.

Combination of polls

4

• (1) Where the poll at a CA/CCA mayoral election is taken together with the poll at a relevant election or referendum a CA/CCA mayoral election shall be conducted in accordance with the rules set out in Schedule 3.

• (2) The instruments specified in Schedule 4 are amended to make further provision for the combination of polls.

Returning officer

5

• (1) Functions conferred by this Order on the returning officer, in relation to the area of a constituent council, shall be discharged by the person who is for the time being the returning officer for the area of that council by virtue of section 35 (returning officers: local elections) of the 1983 Act, as modified by Schedule 2 or (in the case of a combined poll) Schedule 4 to this Order.

• (2) It is the returning officer's general duty at the election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by this Order.

• (3) The returning officer must also appoint and pay any such persons as may be necessary for the purpose of the counting of the votes.

Combined authority returning officer

6

• (1) The combined authority must appoint one of its officers, or one of the officers of a constituent council, to be the combined authority returning officer in relation to the election.

• (2) The combined authority returning officer may give, to a returning officer, directions relating to the discharge of his or her functions at the election, including directions requiring the provision to the combined authority returning officer of any information which the returning officer has or is entitled to have, directions requiring him or her to take specified steps in preparation for the election, directions that the ballot papers shall be printed by the combined authority returning officer and directions that the count of votes shall be conducted at a central location.

• (3) It shall be the duty of a returning officer to whom directions are given under paragraph (2) to discharge his or her functions at the election in accordance with the directions.

Questioning of combined authority mayoral election

7

For the purposes of paragraph 12(6) of Schedule 5B to the 2009 Act and paragraph 12(7) of Schedule 2 to the 2023 Act, Part 3 (legal proceedings) of the 1983 Act shall have effect in relation to the questioning of a CA/CCA mayoral election as it has effect in relation to the questioning of an election under the Local Government Act 1972 .

Free delivery of election addresses

8

• (1) Each candidate at a CA/CCA mayoral election shall be entitled (subject to and in accordance with the provisions of Schedule 5) to have an election address prepared on behalf of the candidate included in a booklet of election addresses—

• (a) prepared by the CA/CCA returning officer, and

• (b) delivered by that officer to each person entitled to vote at that election.

• (2) Candidates' election addresses shall be delivered at the expense of the combined authority or, as the case may be, combined county authority.

• (3) Schedule 5 (which makes provisions supplementing paragraph (1) above) shall have effect.

SCHEDULE 1 — The ... Mayoral Elections Rules

Form 1 – Form of nomination paper

Form 2 – Candidate’s consent to nomination

Form 3 – Ballot paper (two candidates) including directions as to printing

Form 4 – Ballot paper (three or more candidates) including directions as to printing

Form 5 – Corresponding number list L1

Form 6 – Corresponding number list L2

Form 7 – Postal voting statement

Form 8 – Elector’s official poll card

Form 9 – Official postal poll card

Form 10 – Official proxy poll card

Form 11 – Official proxy postal poll card

Form 12 – Directions for the guidance of voters

Form 13 – Certificate of employment

Form 14 – Declaration of the companion of a voter with disabilities

PART 1 — General provisions

Citation

1

These Rules may be cited as the Combined Authority Mayoral Elections Rules.

Interpretation

2

• (1) In these Rules—

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

• “the Appendix” means the Appendix to these Rules contained in Part 9 of this Schedule;

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

• (2) Other expressions used both in these Rules and in the 1983 Act (as it applies to local government elections), except for those defined in article 2 or modified by article 3, shall have the same meaning in these Rules as they have in that Act.

PART 2 — Provisions as to time

Timetable

3

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

Computation of time

4

• (1) In computing any period of time for the purposes of the Timetable—

• (a) a Saturday or Sunday,

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

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

shall be disregarded, and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll nor shall the returning officer be obliged to proceed with the counting of the votes on such a day.

• (2) In this rule, “bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales .

PART 3 — Stages common to contested and uncontested elections

Notice of Election and provision of information to calculate election expense limits

5

• (1) The CA/CCA returning officer must publish notice of the election stating—

• (a) the place and times at which nomination papers are to be delivered, and

• (b) the date of the poll in the event of a contest,

and the notice must state that forms of nomination papers may be obtained at that place and those times.

• (2) The notice of election must also state the arrangements which apply for the payment of the deposit required by rule 10 to be made by means of the electronic transfer of funds.

• (3) The notice of election must state the date by which—

• (a) applications to vote by post or by proxy, and

• (b) other applications and notices about postal or proxy voting,

must reach the registration officer in order that they may be effective for the election.

• (4) Paragraphs (5) and (6) apply for the purposes of enabling persons to calculate the limitation of election expenses in accordance with section 76 of the Representation of the People Act 1983 (as modified by paragraph 1(21) of Schedule 2 to this Order).

• (5) The CA/CCA returning officer must calculate the total number of entries in the register of electors to be used at the election as it has effect on the last day for publication of notice of the election in accordance with rule 3 and must, on written request, provide that information together with the total number of constituent councils.

• (6) The information referred to in paragraph (5) must be provided as soon as practicable after the written request is received.

Nomination of candidates

6

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

• (2) A nomination paper must be in the appropriate form in the Appendix or a form to the like effect and shall be delivered at the place fixed for the purpose by the CA/CCA returning officer.

• (3) ...A nomination paper must state the candidate's—

• (a) full names, and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) if desired, description,

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

• (4) If a candidate—

• (a) commonly uses a surname that is different from any other surname the candidate has,

• (b) commonly uses a forename that is different from any other forename the candidate has, or

• (c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (3)(a),

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

• (5) The description (if any) can only be—

• (a) one authorised as mentioned in rule 7(1) or (3), or

• (b) the word “Independent”.

• (6) The nomination paper must be accompanied by a form (in these Rules referred to as the “home address form”) which states—

• (a) the candidate’s—

• (i) full names,

• (ii) home address in full, and

• (iii) qualifying address or, if the candidate declares they are qualified by more than one of the qualifications mentioned in paragraph (9), qualifying addresses;

• (b) the attesting person’s—

• (i) full names, and

• (ii) home address in full.

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

• (7) The home address form—

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

• (b) if it does so, must—

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

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

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

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

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

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

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

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

• (10) In this rule—

• “attesting person”, in relation to a candidate, means the person who attests the candidate’s consent to nomination in accordance with rule 9(1)(c);