The Local Authority and Greater London Authority Elections (Nomination of Candidates) (Amendment) (England) Rules 2022

Made: 30th May 2022

Laid before Parliament: 6th June 2022

Coming into force: 29th June 2022

The Secretary of State has consulted the Electoral Commission about these Rules in accordance with section 7(1) and (2)(d) of the Political Parties, Elections and Referendums Act 2000[^f00002].

Citation, commencement and extent

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• (1) These Rules may be cited as the Local Authority and Greater London Authority Elections (Nomination of Candidates) (Amendment) (England) Rules 2022.

• (2) These Rules come into force on 29th June 2022.

• (3) Any amendment made by these Rules has the same extent as the provision amended.

Amendment of the Local Elections (Principal Areas) (England and Wales) Rules 2006

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• (1) The Local Elections (Principal Areas) (England and Wales) Rules 2006[^f00003] are amended as follows.

• (2) In Schedule 2 (rules for conduct of an election of councillors of a principal area where poll is not taken together with poll at another election)—

• (a) in rule 7 (consent to nomination), in paragraph (b)(i) for “and 81” substitute “, 81 and 81A”; and

• (b) in Part 7 (appendix of forms) for “Form of Candidate’s Consent to Nomination” substitute the form set out in Part 1 of Schedule 1 to these Rules.

• (3) In Schedule 3 (rules for conduct of an election of councillors of a principal area where the poll is taken together with the poll at a relevant election or referendum)—

• (a) in rule 7 (consent to nomination), in paragraph (b)(i) for “and 81” substitute “, 81 and 81A”; and

• (b) in Part 7 (appendix of forms) for “Form of Candidate’s Consent to Nomination” substitute the form set out in Part 2 of Schedule 1 to these Rules.

Amendment of the Local Elections (Parishes and Communities) (England and Wales) Rules 2006

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• (1) The Local Elections (Parishes and Communities) (England and Wales) Rules 2006[^f00004] are amended as follows.

• (2) In Schedule 2 (rules for conduct of an election of councillors of a parish or community where poll is not taken together with poll at another election), in Part 7 (appendix of forms) for “Form of Candidate’s Consent to Nomination” substitute the form set out in Part 1 of Schedule 2 to these Rules.

• (3) In Schedule 3 (rules for conduct of an election of councillors of a parish or community where the poll is taken together with the poll at a relevant election or referendum), in Part 7 (appendix of forms) for “Form of Candidate’s Consent to Nomination” substitute the form set out in Part 2 of Schedule 2 to these Rules.

Amendment of the Greater London Authority Elections Rules 2007

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In Schedule 10 to the Greater London Authority Elections Rules 2007[^f00005] (Schedule of forms), for Form 4 (candidate’s consent to nomination) substitute the form set out in Schedule 3 to these Rules.

SCHEDULE 1 — The Local Elections (Principal Areas) (England and Wales) Rules 2006: New Forms

PART 1 — Rules for conduct of an election of councillors of a principal area where poll is not taken together with poll at another election: Form of candidate’s consent to nomination

Form to be substituted for “Form of Candidate’s Consent to Nomination” in Part 7 of Schedule 2 to the Local Elections (Principal Areas) (England and Wales) Rules 2006—

PART 2 — Rules for conduct of an election of councillors of a principal area where the poll is taken together with the poll at a relevant election or referendum: Form of candidate’s consent to nomination

Form to be substituted for “Form of Candidate’s Consent to Nomination” in Part 7 of Schedule 3 to the Local Elections (Principal Areas) (England and Wales) Rules 2006—

SCHEDULE 2 — The Local Elections (Parishes and Communities) (England and Wales) Rules 2006: New Forms

PART 1 — Rules for conduct of an election of councillors of a principal area where poll is not taken together with poll at another election: Form of candidate’s consent to nomination

Form to be substituted for “Form of Candidate’s Consent to Nomination” in Part 7 of Schedule 2 to the Local Elections (Parishes and Communities) (England and Wales) Rules 2006—

PART 2 — Rules for conduct of an election of councillors of a principal area where the poll is taken together with the poll at a relevant election or referendum: Form of candidate’s consent to nomination

Form to be substituted for “Form of Candidate’s Consent to Nomination” in Part 7 of Schedule 3 to the Local Elections (Parishes and Communities) (England and Wales) Rules 2006—

SCHEDULE 3 — The Greater London Authority Elections Rules 2007: New Forms

Form to be substituted for “Form 4” (candidates consent to nomination) in Schedule 10 to the Greater London Authority Elections Rules 2007—

Signed

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Kemi Badenoch — Minister of State — Department for Levelling Up, Housing and Communities — 30th May 2022

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Local Elections (Principal Areas) (England and Wales) Rules 2006 (S.I. 2006/3304), the Local Elections (Parishes and Communities) (England and Wales) Rules 2006 (S.I. 2006/3305) and the Greater London Authority Elections Rules 2007 (S.I. 2007/3541). Specifically they amend the requirements for candidate consent to nomination to cover the additional disqualification criteria imposed by the amendments made by the Local Government (Disqualification) Act 2022 (c. 17). These amendments add to the existing disqualification criteria the notification requirements set out in the Sexual Offences Act 2003 (c. 42), a Sexual Risk Order made under section 122A of that Act, and the equivalent notification requirements and Orders in effect in Jersey, Guernsey and the Isle of Man.

The amended criteria are at section 81A of the Local Government Act 1972 (c. 70) for candidates for election to the offices of parish councillor and local councillor, and at section 21A (disqualification relating to sexual offences etc) of the Greater London Authority Act 1999 (c. 29) for candidates for election to the offices of Mayor of London and of constituency and London members of the Assembly.

A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of business and the voluntary sector.

Footnotes

[^f00001]: 1983 c. 2.

[^f00002]: 2000 c. 41.

[^f00003]: S.I. 2006/3304, to which there are amendments not relevant to this instrument.

[^f00004]: S.I. 2006/3305.

[^f00005]: S.I. 2007/3541.