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The Local Government and Greater London Authority Elections (Miscellaneous Amendments) Regulations 2023

Type Statutory-Instrument

Publication 2023-10-05

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 5th October 2023

Laid before Parliament: 9th October 2023

Coming into force in accordance with regulation 1(2) to (4)

The Secretary of State has consulted with the Electoral Commission in accordance with section 7(1) and (2)(d) of the Political Parties, Elections and Referendums Act 2000[^f00004].

Citation, commencement, extent, transitional and savings provisions

1

(1) These Regulations may be cited as the Local Government and Greater London Authority Elections (Miscellaneous Amendments) Regulations 2023.

(2) The following provisions come into force on 31st October 2023—

(a) this regulation;

(b) regulation 3(1), (2), (7), (10), (15) and (17);

(d) in Schedule 1, paragraphs 1, 6, 7(2), 8(2) and (3), 9, 10(2), 11(2) and (3), 12, 13(2) and (3) and 14(2).

(3) Subject to paragraph (4), the remainder of these Regulations come into force on 1st November 2023.

(4) The following provisions come into force on 31st January 2024—

(a) regulation 3(8), (9)(c) and (d), (16) and (18)(c) and (d);

(b) regulation 4(8), (9)(c) and (d), (16) and (17)(c) and (d);

(d) in Schedule 1, paragraphs 7(1), 8(1), 10(1), 11(1), 13(1) and 14(1).

(5) An amendment made by these Regulations has the same extent as the provision amended.

(6) Schedule 1 (transitional and savings provisions) has effect.

Amendment of the Parish and Community Meetings (Polls) Rules 1987

2

(1) Rule 6 (application of provisions in the Act of 1983) of the Parish and Community Meetings (Polls) Rules 1987[^f00005] is amended as follows.

(2) In paragraph (a), after “114,” insert “114A[^f00006],”.

(3) After paragraph (e), insert—

(ea) in respect of the election of the chairman of a parish meeting or a poll consequent on a parish meeting— (i) section 114A applies as if, in subsection (2)(b), “or of a proxy for an elector” were omitted; (ii) section 115 does not apply; (eb) in respect of a poll consequent on a community meeting, section 114A does not apply;

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

3

(1) The Local Elections (Principal Areas) (England and Wales) Rules 2006[^f00007] are amended as follows.

(2) 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) is amended in accordance with paragraphs (3) to (9).

(3) In rule 4 (nomination of candidates), for paragraph (3) substitute—

(3) If a candidate— (a) commonly uses a surname that is different from any other surname the candidate has, (b) commonly uses a forename that is different from any other forename the candidate has, or (c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a), the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).

(4) In rule 7 (consent to nomination), in paragraph (b)(i), for “and section 34 of the Localism Act 2011[^f00008]” substitute “, section 34 of the Localism Act 2011 and section 30 of the Elections Act 2022[^f00009]”.

(5) In rule 8 (decisions as to validity of nomination papers), in paragraph (2)—

(a) omit the “and” after sub-paragraph (a);

(b) after paragraph (b) insert—

(c) that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.

(6) In rule 9 (publication of statement of persons nominated), in paragraph (3)—

(a) for “in addition to another name” substitute “in accordance with rule 4(3)”;

(b) for “any other name” substitute “the other surname or forename”.

(7) In rule 24 (appointment of presiding officers and polling clerks), in paragraph (3)(c) for “mentions” substitute “mentioned”.

(8) In rule 33 (questions to be put to voters)—

(a) in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

(b) in the table following paragraph (1)—

(i) in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

(c) Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R] (d) If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R] (e) If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R] (f) If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(ii) omit entry 4;

(9) In Part 7 (appendix of forms), for—

(a) the form of nomination paper;

(b) the form of candidate’s consent to nomination;

(d) the form of official proxy poll card (to be sent to an appointed proxy voting in person),

substitute the corresponding form set out in Part 1 of Schedule 3 to these Regulations.

(10) 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) is amended in accordance with paragraphs (11) to (18).

(11) In rule 4 (nomination of candidates), for paragraph (3) substitute—

(3) If a candidate— (a) commonly uses a surname that is different from any other surname the candidate has, (b) commonly uses a forename that is different from any other forename the candidate has, or (c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a), the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).

(12) In rule 7 (consent to nomination), in paragraph (b)(i), for “and section 34 of the Localism Act 2011” substitute “, section 34 of the Localism Act 2011 and section 30 of the Elections Act 2022”.

(13) In rule 8 (decisions as to validity of nomination papers), in paragraph (2)—

(a) omit the “and” after sub-paragraph (aa);

(b) after sub-paragraph (b) insert—

(c) that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.

(14) In rule 9 (publication of statement of persons nominated), in paragraph (3)—

(a) for “in addition to another name” substitute “in accordance with rule 4(3)”;

(b) for “any other name” substitute “the other surname or forename”.

(15) In rule 24 (appointment of presiding officers and clerks), in paragraph (3)(c) for “mentions” substitute “mentioned”.

(16) In rule 33 (questions to be put to voters)—

(a) in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

(b) in the table following paragraph (1)—

(i) in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

(c) Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R] (d) If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R] (e) If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R] (f) If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(ii) omit entry 4;

(17) In rule 37 (voting by persons with disabilities), in paragraph (3) for “voter” in the third place it occurs, substitute “vote”.

(18) In Part 7 (appendix of forms), for—

(a) the form of nomination paper;

(b) the form of candidate’s consent to nomination;

(d) the form of official proxy poll card (to be sent to an appointed proxy voting in person),

substitute the corresponding form set out in Part 2 of Schedule 3 to these Regulations.

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

4

(1) The Local Elections (Parishes and Communities) (England and Wales) Rules 2006[^f00010] are amended as follows.

(2) Schedule 2 (rules for conduct of an election of councillors of a parish where poll is not taken together with poll at another election) is amended in accordance with paragraphs (3) to (9).

(3) In rule 4 (nomination of candidates), for paragraph (3) substitute—

(3) If a candidate— (a) commonly uses a surname that is different from any other surname the candidate has, (b) commonly uses a forename that is different from any other forename the candidate has, or (c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a), the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).

(4) In rule 7 (consent to nomination), in paragraph (b)(i), for “and section 34 of the Localism Act 2011” substitute “, section 34 of the Localism Act 2011 and section 30 of the Elections Act 2022”.

(5) In rule 8 (decisions as to validity of nomination papers), in paragraph (2)—

(a) omit the “and” after sub-paragraph (aa);

(b) after sub-paragraph (b) insert—

(c) that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.

(6) In rule 9 (publication of statement of persons nominated), in paragraph (3)—

(a) for “in addition to another name” substitute “in accordance with rule 4(3)”;

(b) for “any other name” substitute “the other surname or forename”.

(7) In rule 24 (appointment of presiding officers and polling clerks), in paragraph (3)(c) for “mentions” substitute “mentioned”.

(8) In rule 33 (questions to be put to voters)—

(a) in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

(b) in the table following paragraph (1)—

(i) in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

(c) Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R] (d) If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R] (e) If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R] (f) If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(ii) omit entry 4;

(9) In Part 7 (appendix of forms), for—

(a) the form of nomination paper;

(b) the form of candidate’s consent to nomination;

(d) the form of official proxy poll card (to be sent to an appointed proxy voting in person),

substitute the corresponding forms set out in Part 1 of Schedule 4 to these Regulations.

(10) Schedule 3 (rules for conduct of an election of councillors of a parish where the poll is taken together with the poll at a relevant election or referendum) is amended in accordance with paragraphs (11) to (17).

(11) In rule 4 (nomination of candidates), for paragraph (3) substitute—

(3) If a candidate— (a) commonly uses a surname that is different from any other surname the candidate has, (b) commonly uses a forename that is different from any other forename the candidate has, or (c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a), the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).

(12) In rule 7 (consent to nomination), in paragraph (b)(i), for “and section 34 of the Localism Act 2011” substitute “, section 34 of the Localism Act 2011 and section 30 of the Elections Act 2022”.

(13) In rule 8 (decisions as to validity of nomination papers), in paragraph (2)—

(a) omit the “and” after sub-paragraph (aa);

(b) after sub-paragraph (b) insert—

(c) that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.

(14) In rule 9 (publication of statement of persons nominated), in paragraph (3)—

(a) for “in addition to another name” substitute “in accordance with rule 4(3)”;

(b) for “any other name” substitute “the other surname or forename”.

(15) In rule 24 (appointment of presiding officers and polling clerks), in paragraph (3)(c) for “mentions” substitute “mentioned”.

(16) In rule 33 (questions to be put to voters)—

(a) in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

(b) in the table following paragraph (1)—

(i) in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

(c) Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R] (d) If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R] (e) If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R] (f) If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(ii) omit entry 4;

(17) In Part 7 (appendix of forms), for—

(a) the form of nomination paper;

(b) the form of candidate’s consent to nomination;

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