The Local Government and Greater London Authority Elections (Amendment) Rules 2023

Made: 7th December 2023

Laid before Parliament: 12th December 2023

Coming into force: 10th January 2024

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

Citation, commencement, extent and savings

1

• (1) These Rules may be cited as the Local Government and Greater London Authority Elections (Amendment) Rules 2023 and come into force on 10th January 2024.

• (2) These Rules extend to England and Wales.

• (3) The amendments made by rules 2 to 4 have no effect in relation to an election in respect of which the date of the poll stated in the notice of election published in accordance with the relevant rule is on or before 1st May 2024.

• (4) In paragraph (3), “the relevant rule” means (as the case may be)—

• (a) rule 3 of Schedule 2 or rule 3 of Schedule 3 to the Local Elections (Principal Areas) (England and Wales) Rules 2006[^f00003];

• (b) rule 3 of Schedule 2 or rule 3 of Schedule 3 to the Local Elections (Parishes and Communities) (England and Wales) Rules 2006[^f00004];

• (c) rule 5 of Schedule 1, rule 5 of Schedule 2, rule 5 of Schedule 3, rule 5 of Schedule 5, rule 5 of Schedule 6 or rule 5 of Schedule 7 to the Greater London Authority Elections Rules 2007[^f00005].

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

2

• (1) The Local Elections (Principal Areas) (England and Wales) Rules 2006 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), in Part 7 (appendix of forms), for the form of nomination paper substitute the form 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), in Part 7 (appendix of forms), for the form of nomination paper substitute the form in Part 2 of Schedule 1 to these Rules.

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

3

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

• (2) In Schedule 2 (rules for conduct of an election of councillors of a parish where poll is not taken together with poll at another election), in Part 7 (appendix of forms), for the form of nomination paper substitute the form in Part 1 of Schedule 2 to these Rules.

• (3) In 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), in Part 7 (appendix of forms), for the form of nomination paper substitute the form in Part 2 of Schedule 2 to these Rules.

Amendment of the Greater London Authority Elections Rules 2007

4

In Schedule 10 to the Greater London Authority Elections Rules 2007 (forms), in Form 15 (official proxy postal poll card) for the rear of the form substitute the rear of the form set out in Schedule 3 to these Rules.

Amendment of the Local Government and Greater London Authority Elections (Miscellaneous Amendments) Regulations 2023

5

• (1) Schedule 1 to the Local Government and Greater London Authority Elections (Miscellaneous Amendments) Regulations 2023 (transitional and savings provisions)[^f00006] is amended as follows.

• (2) In Part 2 (principal area councillor elections), in paragraph 8 (poll card forms for certain principal area councillor elections) after sub-paragraph (3) insert—

(4) Sub-paragraph (5) applies to an election of councillors of a principal area for which— (a) the notice of election is published in accordance with the relevant rule on or after 31st January 2024, and (b) the date of poll stated in that notice is on or before 1st May 2024. (5) The form of the official postal poll card (to be sent to an elector voting by post) and the form of the official proxy postal poll card (to be sent to an appointed proxy voting by post) in the election conduct rules apply in respect of an election to which this sub-paragraph applies as if, on the back of the form, for the text that begins “vote as a proxy at this election” and ends with “grandchild” there were substituted— (in the case of a proxy appointed on or after 31st October 2023) vote as a proxy on behalf of more than four electors, of which no more than two may be on behalf of other domestic electors (a domestic elector is one who is not an overseas or service elector)

• (3) In Part 3 (parish councillor elections), in paragraph 11 (poll card forms for certain parish councillor elections), after sub-paragraph (3) insert—

(4) Sub-paragraph (5) applies to an election of councillors of a parish for which— (a) the notice of election is published in accordance with the relevant rule on or after 31st January 2024, and (b) the date of poll stated in that notice is on or before 1st May 2024. (5) The form of the official postal poll card (to be sent to an elector voting by post) and the form of the official proxy postal poll card (to be sent to an appointed proxy voting by post) in the election conduct rules apply in respect of an election to which this sub-paragraph applies as if, on the back of the form, for the text that begins “vote as a proxy at this election” and ends with “grandchild” there were substituted— (in the case of a proxy appointed on or after 31st October 2023) vote as a proxy on behalf of more than four electors, of which no more than two may be on behalf of other domestic electors (a domestic elector is one who is not an overseas or service elector)

• (4) In Part 4 (Greater London Authority elections), in paragraph 14 (poll card forms for certain Authority elections)—

• (a) in sub-paragraph (2)—

• (i) in paragraph (b), for “this election” substitute “the same election”;

• (ii) after paragraph (b) insert—

(c) Form 13 (official postal poll card) and Form 15 (official proxy postal poll card) apply in respect of an Authority election to which sub-paragraph (3) applies as if, on the back of the form, for the text that begins “vote as a proxy at the same election” and ends with “grandchild” there were substituted— (in the case of a proxy appointed on or after 31st October 2023) vote as a proxy on behalf of more than four electors, of which no more than two may be on behalf of other domestic electors (a domestic elector is one who is not an overseas or service elector)

• (b) after sub-paragraph (2) insert—

(3) This sub-paragraph applies to an Authority election for which— (a) the notice of election is published in accordance with the relevant rule on or after 31st January 2024, and (b) the date of poll stated in that notice is on or before 1st May 2024.

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

PART 1 — Form of nomination paper for an election of councillors of a principal area where poll is not taken together with poll at another election

First page

Final page

PART 2 — Form of nomination paper for an election of councillors of a principal area where poll is taken together with the poll at a relevant election or referendum

First page

Final page

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

PART 1 — Form of nomination paper for an election of councillors of a parish where poll is not taken together with poll at another election

First page

Final page

PART 2 — Form of nomination paper for an election of councillors of a parish where poll is taken together with the poll at a relevant election or referendum

First page

Final page

SCHEDULE 3 — Greater London Authority Election Rules 2007: New form

Form 15 (official proxy postal poll card)

Rear of card

Signed

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

Simon Hoare — Parliamentary Under Secretary of State — Department for Levelling Up, Housing and Communities — 7th December 2023

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules correct errors in the Local Government and Greater London Authority Elections (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/1066) and the Overseas Electors, Postal Vote Handling and Secrecy) (Amendment) Rules 2023 (S.I. 2023/1233).

Rules 2 and 3 replace the prescribed form of nomination paper for use at elections of councillors of principal areas and parishes respectively in England. The replacement forms correct formatting errors in the versions of the forms set out in the Local Government and Greater London Authority Elections (Miscellaneous Amendments) Regulations 2023

Rule 4 replaces the rear of the official proxy postal poll card prescribed for use at Greater London Authority elections for which the date of poll is on or after 2nd May 2024, which was inserted by the Overseas Electors, Postal Vote Handling and Secrecy) (Amendment) Rules 2023.

Rule 5 corrects errors identified by the Joint Committee on Statutory Instruments in its Fifth Report of 2023-2024 by amending the transitional provisions set out in Schedule 1 to the Local Government and Greater London Authority Elections (Miscellaneous Amendments) Regulations 2023. New transitional provision is inserted into that Schedule to provide additional modifications for postal poll cards and proxy postal poll cards for use at principal area councillor and parish councillor elections in England, and Greater London Authority elections, for which the notice of election is published on or after 31st January 2024 and the date of poll is on or before 1st May 2024. Rule 5(4)(a)(i) corrects an error in the way that the relevant text in the current poll card referred to is described.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

[^f00001]: 1983 c. 2. Section 36(1) was amended by section 13(2) of the Local Government and Elections (Wales) Act 2021 (asc 1). Section 36(2A) was inserted by paragraph 4(2) of Schedule 3 to the Greater London Authority Act 1999 (c. 29).

[^f00002]: 2000 c. 41. Section 7(2)(d) was amended by paragraph 11 of Schedule 2 to the Local Government and Elections (Wales) Act 2021.

[^f00003]: S.I. 2006/3304, amended by S.I. 2023/1066; there are other amending instruments but none is relevant.

[^f00004]: S.I. 2006/3305, amended by S.I. 2023/1066; there are other amending instruments but none is relevant.

[^f00005]: S.I. 2007/3541, amended by S.I. 2023/1233; there are other amending instruments but none is relevant.

[^f00006]: S.I. 2023/1066.