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The Local Elections (Principal Areas) (Wales) Rules 2021

Type Welsh-Statutory-Instrument

Publication 2021-12-15

Last updated 2025-07-18

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(a) the ballot paper may be given only if the elector’s official poll card or, where the elector is voting by proxy, the proxy’s official poll card is shown to the presiding officer, and

(b) only the elector’s number may be called out.

(4) On receiving the ballot paper, the voter must go immediately into one of the compartments in the polling station.

(5) Without undue delay, the voter must then—

(a) secretly mark the ballot paper,

(b) fold the ballot paper up so as to conceal the vote,

(c) show the presiding officer the back of the ballot paper, so as to disclose the number and other unique identifying mark, and

(d) put the ballot paper into the ballot box in the presiding officer’s presence.

(6) As soon as the voter has put the ballot paper in the ballot box, the voter must leave the polling station.

(7) If a voter is in the polling station, or in a queue outside the polling station, at the close of the poll and has not yet been able to cast their vote, the presiding officer must permit the voter to cast their vote as soon as practicable.

(8) The copies of the registration records that are used for the principal area election may also be used for each relevant election.

(9) Where ballot papers are issued to a voter in respect of the principal area election and in respect of each relevant election, one mark may be placed in the copies of the registration records and, where appropriate, in the list of proxies to denote that the ballot papers have been issued.

(10) In any other case, the copies of the registration records and, where appropriate, the list of proxies must be marked in such a way as to identify each election in respect of which a ballot paper has been issued.

(11) In this rule, “the copies of the registration records” has the same meaning as in rule 40 (see paragraph (7) of that rule).

Voters with a disability or unable to read: marking of votes by presiding officer

43

(1) A voter may apply to the presiding officer for their vote to be marked if the voter—

(a) is unable, because of blindness or other disability, to vote in the manner directed by these rules, or

(b) declares orally that they are unable to read.

(2) Where an application is made, the presiding officer must, in the presence of any polling agents who are in the polling station when the application is made—

(a) cause the voter’s vote to be marked on a ballot paper in the manner directed by the voter, and

(b) cause the ballot paper to be placed in the ballot box.

(3) Where a voter’s vote is marked in pursuance of paragraph (2), the presiding officer must enter the following details on a list maintained by the presiding officer for the purposes of this rule (“the list of votes marked by the presiding officer”)—

(a) the name and number of the voter, as shown in the copies of the registration records, and

(b) the reason why the vote was marked.

(4) In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name in the list of votes marked by the presiding officer is the elector’s number.

(5) The same list of votes marked by the presiding officer may be used for the principal area election and each relevant election.

(6) Where the same list is used, an entry in the list is to be taken as meaning that the voter’s vote was marked in respect of the principal area election and in respect of each relevant election, unless the list identifies one or more elections at which the voter’s vote was marked.

(7) In this rule, “the copies of the registration records” has the same meaning as in rule 40 (see paragraph (7) of that rule).

Voters with a disability or unable to read: assistance of companions

44

(1) A voter may apply to the presiding officer, on the ground of blindness or other disability or inability to read, to be allowed to vote with the assistance of a companion.

(2) Where an application is made, the presiding officer must require the voter to declare, orally or in writing, whether the voter is so affected by blindness or other disability, or by inability to read, as to be unable to vote without the assistance of a companion.

(3) In the following provisions of this rule, a voter who declares that they are so affected by blindness or other disability, or by inability to read, as to be unable to vote without the assistance of a companion is referred to as a voter with disabilities.

(4) At the time when an application to vote with the assistance of a companion is made, the companion must make a written declaration before the presiding officer that the companion—

(a) has attained the age of 16, and

(b) has not previously assisted more than one voter with disabilities to vote at the election.

(5) The companion’s declaration—

(a) must be in the form of the declaration relating to the principal area election in Appendix 8, and

(b) must be given to the presiding officer who must attest it and retain it.

(6) The companion’s declaration at the principal area election and each relevant election may be made in the same document.

(7) The presiding officer must grant the voter’s application for the assistance of a companion if the presiding officer—

(a) is satisfied that the voter is so affected by blindness or other disability, or by inability to read, as to be unable to vote without the assistance of a companion, and

(b) is also satisfied by the companion’s written declaration that the companion has attained the age of 16 and has not previously assisted more than one voter with disabilities to vote at the election.

(8) Where the application is granted—

(a) anything that is required to be done by these rules to the voter in connection with the giving of the vote may be done instead to the companion, and

(b) the voter may do anything that needs to be done in connection with the giving of the vote with the assistance of the companion.

Voting with the assistance of a companion: supplemental provision

45

(1) Where a vote is given with the assistance of a companion in accordance with rule 44, the presiding officer must then enter the following details in a list maintained by the presiding officer (“the list of voters with disabilities assisted by companions”)—

(a) the name and number of the voter, as shown in the copies of the registration records, and

(b) the name and address of the companion.

(2) In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name in the list of voters with disabilities assisted by companions is the elector’s number.

(3) Where the voter has an anonymous entry, only the voter’s number in the copies of the registration records may be entered in the list of voters with disabilities assisted by companions.

(4) No fee or other payment may be charged in respect of a declaration made by a companion under rule 44(4).

(5) The same list of voters with disabilities assisted by companions may be used for the principal area election and each relevant election.

(6) Where the same list is used, an entry in the list is to be taken as meaning that the voter’s vote was given with assistance in respect of the principal area election and in respect of each relevant election, unless the list identifies one or more elections at which the voter’s vote was given with assistance.

(7) In this rule, “the copies of the registration records” has the same meaning as in rule 40 (see paragraph (7) of that rule).

Tendered ballot papers: circumstances where available

46

(1) This rule sets out circumstances where a person who applies for a vote (“the applicant”) is entitled to vote on satisfactorily answering the questions permitted by law to be asked at the poll but where the procedure for giving the vote is modified in the following two ways—

(a) the person must use a ballot paper that is of a different colour to other ballot papers, and

(b) the person must give the ballot paper to the presiding officer (instead of putting it in the ballot box).

Circumstances where vote already given in person2The first set of circumstances is where—athe applicant represents themself to be a particular elector named in the copies of the registration records and not named in the postal voters list or list of proxies, andbanother person has already voted in person either as that elector or as that elector’s proxy.3The second set of circumstances is where—athe applicant represents themself to be a particular person named in the list of proxies as proxy for an elector and not entitled to vote by post as proxy, andbanother person has already voted in person either as that elector or as that elector’s proxy.

Circumstances where applicant on postal voters list claims not to have applied for postal vote4The third set of circumstances is where—athe applicant represents themself to be a particular elector named in the copies of the registration records,bthe applicant is also named in the postal voters list, andcthe applicant claims not to have made an application to vote by post at the election.5The fourth set of circumstances is where—athe applicant represents themself to be a particular person named as a proxy in the list of proxies,bthat person is also named in the proxy postal voters list, andcthe applicant claims not to have made an application to vote by post as proxy at the election.

Circumstances where applicant claims to have lost postal ballot paper etc.6The fifth set of circumstances is where—aafter the last time at which a person may apply for a replacement postal ballot paper but before the close of the poll, the applicant represents themself to be a particular elector named in the copies of the registration records who is also named in the postal voters list, andbthe applicant claims to have lost or not to have received that person’s postal ballot paper.7The sixth set of circumstances is where—aafter the last time at which a person may apply for a replacement postal ballot paper but before the close of the poll, the applicant represents themself to be a particular person named as a proxy in the list of proxies who is also named in the proxy postal voters list, andbthe applicant claims to have lost or not to have received that person’s postal ballot paper.8A ballot paper that is given to the presiding officer in accordance with this rule is referred to in these rules as a “tendered ballot paper”.9Where an elector has an anonymous entry, the references in this rule to a person named in the copies of the registration records or a list are to be read as references to a person who has a number in the copies or list.10In this rule, “the copies of the registration records” has the same meaning as in rule 40 (see paragraph (7) of that rule).

Duties of presiding officer in relation to tendered ballot papers

47

(1) This rule sets out the duties of the presiding officer in relation to tendered ballot papers.

(2) The presiding officer must endorse the following information on the ballot paper—

(a) the name of the voter, and

(b) the voter’s number in the copies of the registration records or, if the voter is voting as proxy for an elector, the number of the elector.

(3) The presiding officer must put the ballot paper in a separate packet.

(4) The following information must be entered on a list (the “tendered votes list”)—

(a) the name of the voter, and

(b) the voter’s number in the copies of the registration records or, if the voter is voting as proxy for an elector, the number of the elector.

(5) Where an elector has an anonymous entry, the presiding officer must not include the name of the voter on the ballot paper or in the tendered votes list.

(6) The same tendered votes list may be used for the principal area election and each relevant election.

(7) Where the same list is used, an entry in the list is to be taken as meaning that the presiding officer was given a tendered ballot paper in respect of the principal area election and in respect of each relevant election, unless the list identifies one or more elections at which a tendered ballot paper was given.

(8) In this rule, “the copies of the registration records” has the same meaning as in rule 40 (see paragraph (7) of that rule).

Spoilt ballot papers

48

(1) This rule applies where a voter has inadvertently dealt with their ballot paper in such a manner that it cannot conveniently be used as a ballot paper.

(2) The voter may obtain another ballot paper by—

(a) giving the ballot paper that was inadvertently dealt with (the “spoilt ballot paper”) to the presiding officer, and

(b) proving to the presiding officer’s satisfaction that it was dealt with inadvertently.

(3) Where the voter is given another ballot paper, the spoilt ballot paper must be cancelled immediately.

Correction of errors on day of poll

49

(1) The presiding officer must keep a list of persons to whom ballot papers are given in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of the 1983 Act which takes effect on the day of the poll.

(2) The same list may be used for the principal area election and each relevant election.

(3) Where the same list is used, an entry in the list is to be taken as meaning that ballot papers were given in consequence of an alteration to the register in respect of the principal area election and in respect of each relevant election, unless the list identifies one or more elections at which ballot papers were so given.

Adjournment of poll in case of riot

50

(1) This rule applies where proceedings at any polling station are interrupted or obstructed by riot or open violence.

(2) The presiding officer must—

(a) adjourn the proceedings until the following day, and

(b) immediately inform the co-ordinating returning officer.

(3) Where the poll is adjourned at a polling station—

(a) the hours of polling on the day to which it is adjourned must be the same as for the original day, and

(b) references in these rules to the close of the poll are to be read as references to the end of the hours of polling on the day to which it is adjourned.

Procedure on close of poll

51

(1) This rule sets out the steps that must be taken by the presiding officer as soon as practicable after every voter has cast their vote.

(2) In the presence of any polling agents appointed for the purposes of the principal area election or a relevant election who are in the polling station, the presiding officer must seal each ballot box (with the key if any attached) in use at the polling station so as to prevent the introduction of additional ballot papers, using the presiding officer’s seal and the seals of any polling agents who wish to affix their seal.

(3) ... The presiding officer must place each of the following in separate packets, sealed using the presiding officer’s seal and the seals of any polling agents who wish to affix their seal—

(a) the unused and spoilt ballot papers (together);

(b) the tendered ballot papers;

(d) the polling station’s corresponding number list, as marked (see rule 42(2)(c)) (referred to in the following provisions of these rules as “the completed corresponding number list”);

(e) any certificates surrendered under rule 37(4) or (5) (surrender of certificates issued to constables or staff of returning officers);

(f) the following lists and declarations (together)—

(i) the list of votes marked by the presiding officer, together with a statement of the number of voters whose votes are marked under the heads “disability” and “unable to read” (see rule 43);

(ii) the declarations made by the companions of voters with disabilities (see rule 44);

(iii) the list of voters with disabilities assisted by companions (see rule 45);

(iv) the tendered votes list (see rule 47);

(v) the list maintained under rule 49 (correction of errors on day of poll).

(3A) The presiding officer must do anything required by paragraph (3)(a), (b), (e) or (f) in the polling station, in the presence of any polling agents who are there.

(3B) The presiding officer may do anything required by paragraph (3)(c) or (d)—

(a) in the polling station, in the presence of any polling agents who are there, or

(b) if the presiding officer has informed the polling agents and given them an opportunity to attend, at any other place that the presiding officer considers appropriate, in the presence of any polling agents who are there.

(4) The presiding officer must deliver the sealed ballot boxes and packets to the co-ordinating returning officer or cause them to be delivered in accordance with arrangements approved by that returning officer.

(5) The packets must be accompanied by a statement (“a ballot paper account”) prepared by the presiding officer showing—

(a) the number of ballot papers given to the presiding officer, and

(b) how the ballot papers are accounted for under the following headings—

(i) the number of ballot papers issued and not otherwise accounted for;

(ii) the number of ballot papers unused;

(iii) the number of spoilt ballot papers;

(iv) the number of tendered ballot papers.

(6) The contents of the packets containing the unused and spoilt ballot papers and the tendered ballot papers must not be combined with the contents of the packets made under the corresponding rule that applies at any relevant election.

(7) The ballot paper account must not be combined with the ballot paper account prepared under the corresponding rule that applies at any relevant election.

(8) In this rule, “the marked copies of the registration records” means the copies of the registration records (as defined by rule 40(7)), as marked in accordance with these rules.

PART 4 — Counting of Votes: Elections using the Simple Majority System

Overview of rules and interpretation

52

(1) This rule provides an overview of the application of this Part.

(2) Where the returning officer is the co-ordinating returning officer, the following rules apply—

(a) rule 53 (attendance at proceedings);

(b) rule 54 (preliminary and general duties);

(d) rules 58 to 64 (provisions relating to counting etc.).

(3) Where the returning officer is not the co-ordinating returning officer, the following rules apply—

(a) rule 53(1) and (3) to (9) (attendance at proceedings);

(b) rule 56 (preliminary and general duties);

(d) rules 58 to 64 (provisions relating to counting etc.).

(4) In this Part—

(a) references to the principal area counting agents are to the counting agents appointed for the purposes of the principal area election;

(b) references to the other counting agents are to the counting agents appointed for the purposes of any relevant election;

(c) references to the principal area election agents are to the election agents appointed for the purposes of the principal area election;

(d) references to the other election agents are to the election agents appointed for the purposes of any relevant election.

Attendance at proceedings under this Part

53

(1) The following persons are entitled to attend proceedings under rules 55(2) to (10), 57 and 59 to 64—

(a) the returning officer and members of the returning officer’s staff;

(b) each candidate and a guest of each candidate;

(d) the principal area counting agents;

(e) any person who is entitled to attend by virtue of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000 (representatives of the Electoral Commission and accredited observers);

(f) the constables on duty.

(2) In addition, any person who is entitled to attend the counting of votes at a relevant election is entitled to attend proceedings under rule 55(2) to (10).

(3) The returning officer may permit any other person to attend proceedings under any of rules 55(2) to (10), 57 or 59 to 64.

(4) Permission may not be given under paragraph (3) unless the returning officer—

(a) is satisfied that the person’s attendance will not impede the efficient discharge of the returning officer’s functions, and

(b) has either consulted the appropriate persons about whether to give permission or decided that it is not practicable to consult them.

(5) For the purposes of paragraph (3)(b), “the appropriate persons” are—

(a) in the case of proceedings under rule 55(2) to (10), the principal area election agents and the other election agents;

(b) in the case of any other proceedings, the principal area election agents.

(6) The returning officer must give any counting agents who are entitled to attend all such reasonable facilities for overseeing the proceedings, and all such information about them, as the returning officer is able to give consistently with the orderly conduct of the proceedings and the discharge of the returning officer’s duties.

(7) In particular, where the votes are counted by sorting the ballot papers according to the candidate for whom the vote is given and then counting the number of ballot papers for each candidate, the principal area counting agents are entitled to satisfy themselves that the ballot papers are correctly sorted.

(8) The returning officer must make arrangements to ensure that every person attending at the counting of votes (other than the constables on duty) has been given a notice setting out the provisions of section 66(2) and (6) of the 1983 Act (notification of requirement of secrecy).

(9) In this rule, a reference to a constable includes a reference to a person designated as a community support officer or community support volunteer under section 38 of the Police Reform Act 2002 (police powers for civilian staff and volunteers).

Preliminary and general duties where returning officer is co-ordinating returning officer

54

(1) This rule applies where the returning officer is the co-ordinating returning officer.

(2) The returning officer must make arrangements for discharging the functions under rule 55 as soon as practicable after the close of the poll.

(3) The returning officer must give the principal area counting agents and the other counting agents a notice stating the time and place at which the returning officer will begin to discharge the functions under rule 55.

(4) While counting and recording the number of ballot papers and counting the votes, the returning officer must—

(a) keep the ballot papers with their faces upwards, and

(b) take such other precautions as are appropriate for the purpose of preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.

Separation of ballot papers etc. where returning officer is co-ordinating returning officer

55

(1) This rule applies where the returning officer is the co-ordinating returning officer.

(2) The returning officer must, in the presence of the principal area counting agents and the other counting agents, open each ballot box, take out the ballot papers, count them and record separately the number of ballot papers used in each election.

(3) The returning officer must not count any tendered ballot paper.

(4) Where separate ballot boxes were used at the poll, no vote for a candidate at the principal area election is to be treated as invalid because it was placed in the ballot box intended for use at a relevant election.

(5) The returning officer must, in the presence of the principal area election agents and the other election agents, verify each ballot paper account by comparing it with the number of ballot papers recorded, the unused and spoilt ballot papers in the returning officer’s possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and tendered votes list).

(6) The returning officer must prepare a statement as to the result of the verification and give a copy of the statement to any principal area election agent, and to any other election agent, who requests it.

(7) The returning officer must also—

(a) count the postal ballot papers that have been properly returned (as to which see rule 58), and

(b) record separately the number counted at the poll at the principal area election and at each relevant election.

(8) The returning officer must then—

(a) separate the ballot papers relating to the principal area election from the ballot papers relating to each relevant election,

(b) make up into packets the ballot papers for each relevant election, and

(c) seal up the packets in separate containers endorsing on each a description of the area to which the ballot papers relate.

(9) The returning officer must then deliver or cause to be delivered to the returning officer for each relevant election—

(a) the containers of ballot papers relating to the election, together with a list of the containers and their contents,

(b) the ballot paper accounts relating to the election, together with a copy of the statements as to the result of the verification, and

(10) The returning officer must then mix together all the ballot papers used at the principal area election.

Preliminary and general duties where returning officer is not the co-ordinating returning officer

56

(1) This rule applies where the returning officer is not the co-ordinating returning officer.

(2) The returning officer must make arrangements for counting the votes in the presence of the principal area counting agents as soon as practicable after the delivery of the ballot papers by the returning officer who is the co-ordinating returning officer.

(3) The returning officer must give the principal area counting agents a notice stating the time when the counting of votes will begin (on the assumption that the ballot papers have been delivered) and the place at which the count will take place.

(4) While counting and recording the number of ballot papers and counting the votes, the returning officer must—

(a) keep the ballot papers with their faces upwards, and

(b) take such other precautions as are appropriate for the purpose of preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.

Opening of containers etc. where returning officer is not the co-ordinating returning officer

57

(1) This rule applies where the returning officer is not the co-ordinating returning officer.

(2) On receipt of the containers of ballot papers form the returning officer who is the co-ordinating returning officer, and after the time specified in the notice given under rule 56(3), the returning officer must open each container in the presence of the principal area counting agents.

(3) Where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at a relevant election under regulation 65 of the Representation of the People (England and Wales) Regulations 2001[^f00019] or under that regulation as applied by regulations under section 44 of the Local Government Act 2000[^f00020], the returning officer must count the postal ballot papers that have been properly returned and record the number counted.

(4) The returning officer must then mix together all the postal ballot papers and all the ballot papers from the containers.

Further provision about postal ballot papers

58

(1) This rule applies for determining whether a postal ballot paper is to be treated as properly returned as mentioned in rules 55(7)(a) and 57(3).

(2) A postal ballot paper is to be treated as properly returned if the ballot paper and the accompanying postal voting statement properly completed are—

(a) handed in at a polling station in the appropriate area before the close of the poll,

(b) given by hand to the returning officer before the close of the poll, or

(3) A postal voting statement is properly completed if —

(a) it is signed by the elector or (as the case may be) the proxy, unless the registration officer has dispensed with the requirement for a signature,

(b) it states the date of birth of the elector or (as the case may be) the proxy, and

(c) in a case where steps for verifying the date of birth and signature of an elector or proxy have been prescribed by regulations under the 1983 Act, the returning officer has taken those steps and verified the date of birth and (except in a case where the requirement for a signature has been dispensed with) the signature.

(4) Where, at the close of the poll, a person is in the polling station, or in a queue outside the polling station, for the purpose of handing in a postal ballot paper and postal voting statement—

(a) the person must be permitted to hand the ballot paper and statement in at the polling station, and

(b) where handed in, they are to be treated as having been handed in before the close of the poll for the purposes of this rule.

(5) “The appropriate area” referred to in paragraph (2)(a) is the area which is identified by—

(a) establishing the polls in respect of which the postal voter has been issued with a ballot paper,

(b) identifying the constituency or other area in respect of which each of those polls is being held, and

The count: general

59

(1) This rule applies where the returning officer has mixed the ballot papers under rule 55(10) or 57(4).

(2) The result of the poll must be ascertained by counting the votes given to each candidate.

(3) The candidate or candidates to whom more votes have been given than to the other candidates, up to the number of councillors to be elected, must be declared to have been elected.

(4) Subject to paragraph (5) the returning officer must, so far as practicable, proceed continuously with the counting of votes, allowing only time for refreshment.

(5) The returning officer may exclude any hours between 7 p.m. and 9 a.m. on the following morning.

(6) During any time that is excluded, the returning officer must—

(a) place the ballot papers and other documents relating to the election under the returning officer’s seal and the seals of any principal area counting agents who wish to affix their seals, and

(b) otherwise take proper precautions for the security of the ballot papers and other documents.

The count: rejected ballot papers

60

(1) Subject to paragraphs (2) and (4), the following ballot papers are void and must not be counted—

(a) a ballot paper that does not bear the official mark;

(b) a ballot paper on which votes are given for more candidates than the voter is entitled to vote for;

(c) a ballot paper on which anything is written or marked by which the voter can be identified except the printed number and other unique identifying mark on the back;

(d) a ballot paper that is unmarked or void for uncertainty.

(2) Where the voter is entitled to vote for more than one candidate, a ballot paper is not to be treated as void for uncertainty as respects any vote as to which no uncertainty arises and that vote must be counted.

(3) Paragraph (4) applies to a ballot paper on which a vote is marked—

(a) elsewhere than in the proper place,

(b) otherwise than by means of a cross, or

(4) The ballot paper is not, by reason only of how the vote is marked, to be treated as void (either wholly or as respects that vote) if—

(a) it is clear from the ballot paper that the voter intended to vote for one or other of the candidates,

(b) the way the ballot paper is marked does not itself identify the voter, and

(5) The returning officer must—

(a) endorse the word “rejected” on any ballot paper which, in accordance with this rule, is not to be counted;

(b) endorse the word “rejected in part” on any ballot paper on which a vote is counted in accordance with paragraph (2) and indicate which vote or votes have been counted.

(6) If a principal area counting agent objects to the returning officer’s decision, the returning officer must add the words “rejection objected to” to the endorsement.

(7) The returning officer must prepare a statement showing the number of ballot papers rejected and the number rejected in part.

(8) The statement must set out the number rejected or rejected in part under each of the headings in sub-paragraphs (a) to (d) of paragraph (1).

Re-count

61

(1) A candidate or the candidate’s election agent may, if present when the count is completed, request that the returning officer re-count the votes.

(2) The returning officer must comply with the request unless the returning officer’s opinion is that the request is unreasonable.

(3) No step may be taken on the completion of the count until the candidates and election agents who are present have been given a reasonable opportunity to request that the votes are re-counted.

(4) Where a re-count takes place, this rule also applies in relation to the re-count (so that, for example, the candidate or the candidate’s election agent may, if present when the re-count is completed, request that the returning officer re-count the votes).

Equality of votes

62

(1) This rule applies where, after the counting of the votes (including any re-count), there is an equality of votes between any candidates and the addition of a vote would entitle any of those candidates to be elected.

(2) The returning officer must immediately decide between the candidates by lot and proceed as if the candidate on whom the lot falls had received an additional vote.

Decision on ballot papers

63

The decision of the returning officer on any question arising in respect of a ballot paper is final, but may be reviewed on an election petition.

Declaration of result

64

(1) When the count has been completed, the returning officer must declare to be elected the candidate or candidates to whom more votes have been given than to other candidates, up to the number of councillors to be elected.

(2) The returning officer must give a notice stating the names and addresses of the candidates elected to the proper officer of the council for which the election was held.

(3) The returning officer must also publish notice of—

(a) the names of the candidates elected,

(b) the total number of votes given for each candidate (whether elected or not), and

(c) the number of rejected ballot papers under each head shown in the statement of rejected ballot papers (see rule 60(7)).

PART 5 — Disposal of Documents

Sealing up of ballot papers at contested elections

65

(1) This rule applies on the completion of the counting of votes at a contested election.

(2) The returning officer must seal up in separate packets—

(a) the counted ballot papers, and

(b) the rejected ballot papers (including the ballot papers rejected in part).

(3) The returning officer must not open any packet sealed under rule 51(3) that contains tendered ballot papers.

(4) Where the returning officer is the co-ordinating returning officer, the returning officer must not open any packets sealed under rule 51(3) that contain—

(a) completed corresponding number lists;

(b) marked copies of the registration records and list of proxies;

Delivery of documents to registration officer at contested elections

66

(1) This rule applies where the returning officer has sealed up the counted and rejected ballot papers under rule 65(2).

(2) The returning officer must forward the following documents to the registration officer of the county or county borough council in whose area the election is held—

(a) the packets of ballot papers in the returning officer’s possession;

(b) the ballot paper accounts prepared under rule 51(5);

(d) the statements as to the result of the verification of the ballot paper accounts prepared under rule 55(6) or rule 64D(6);

(e) the packets containing the postal voters list and the proxy postal voters list.

(3) Where the returning officer is also the co-ordinating returning officer, the returning officer must also forward the following documents to the registration officer of the county or county borough council in whose area the election is held—

(a) the following lists and declarations—

(i) the lists of votes marked by the presiding officer, together with a statement of the number of voters whose votes are marked under the heads “disability” and “unable to read” (see rule 43);

(ii) the declarations made by the companions of voters with disabilities (see rule 44);

(iii) the lists of voters with disabilities assisted by companions (see rule 45);

(iv) the tendered votes lists (see rule 47);

(v) the lists maintained under rule 49 (correction of errors on the day of the poll);

(b) the packets containing completed corresponding number lists;

(d) the packets containing certificates surrendered by constables or staff of returning officers under rule 37(4) or (5).

Production etc. of documents

67

(1) This rule applies in relation to the following documents when in the custody of the registration officer (having been forwarded under rule 66)—

(a) rejected and counted ballot papers;

(b) sealed packets containing completed corresponding number lists;

(c) sealed packets containing certificates surrendered by constables or staff of returning officers under rule 37(4) or (5).

(2) A county court may make any of the following orders, if satisfied by evidence on oath that the order is required either for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers or for the purpose of an election petition—

(a) an order for the inspection or production of any of the rejected ballot papers (including any ballot papers rejected in part);

(b) an order for the inspection of any of the counted ballot papers;

(i) completed corresponding number lists, or

(ii) certificates surrendered by constables or staff of returning officers under rule 37(4) or (5);

(d) where an order for the opening of any of the sealed packets is made under sub-paragraph (c), an order for the inspection or production of the whole or part of its contents.

(3) An election court may make—

(a) an order for the inspection of any of the counted ballot papers;

(b) an order for the opening of any of the sealed packets containing—

(i) completed corresponding number lists, or

(ii) certificates surrendered by constables or staff of returning officers under rule 37(4) or (5);

(c) where an order for the opening of any of the sealed packets is made under sub-paragraph (b), an order for the inspection or production of the whole or part of its contents.

(4) An order under this rule may be made subject to such of the following conditions as the court thinks appropriate—

(a) conditions as to persons;

(b) conditions as to time;

(d) conditions as to production or opening.

(5) A court, in making an order under this rule for the inspection of counted ballot papers or for the opening of a sealed packet, must impose such conditions under paragraph (4) as the court considers appropriate to ensure that the way in which an elector has given their vote is not disclosed unless and until it has been proved—

(a) that the elector has given their vote, and

(b) that the vote has been declared by a competent court to be invalid.

(6) Any person giving effect to an order under this rule for the inspection of counted ballot papers or for the opening of a sealed packet must take care to ensure that the way in which an elector has given their vote is not disclosed unless and until it has been proved—

(a) that the elector has given their vote, and

(b) that the vote has been declared by a competent court to be invalid.

(7) An appeal lies to the High Court from an order of a county court under this rule.

(8) The powers of a county court under this rule may be exercised by any judge of the court otherwise than in open court.

(9) Except as provided by this rule, no person may—

(a) inspect any of the rejected or counted ballot papers;

(b) open any of the sealed packets containing—

(i) completed corresponding number lists, or

(ii) certificates surrendered by constables or staff of returning officers under rule 37(4) or (5).

Orders for the production etc. of documents: supplemental provision

68

(1) Paragraphs (2) and (3) apply where an order is made under rule 67 for the production by a registration officer of a document in the registration officer’s custody relating to an election specified in the order.

(2) The production by the registration officer or the registration officer’s agent of the document in the manner directed by the order is conclusive evidence that the document relates to the specified election.

(3) If a packet of ballot papers with an endorsement on the packet is produced by the registration officer or the registration officer’s agent to comply with the order, the endorsement is prima facie evidence that the ballot papers are what they are stated to be by the endorsement.

(4) Paragraph (5) applies where, to comply with an order under rule 67, a registration officer or a registration officer’s agent has produced—

(a) a ballot paper purporting to have been used at an election, and

(b) a completed corresponding number list in use at the election, with a number marked in writing beside the number of that ballot paper on the list.

(5) The production of the ballot paper and the list are prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry at the time of the election in the register of electors, or on a notice issued under section 13B(3B) or (3D) of the 1983 Act, contained the same number as the number written on the ballot paper.

Retention and destruction of documents forwarded to registration officer

69

(1) The registration officer must retain all documents forwarded under rule 66 for a period of one year beginning with the day on which they were received by the registration officer.

(2) At the end of that period of one year, the registration officer must cause the documents to be destroyed unless otherwise directed by an order of a county court, a Crown Court, a magistrates’ court or an election court.

Destruction of home address forms by returning officer

70

(1) The returning officer must destroy each candidate’s home address form—

(a) on the next day following the 35th day after the returning officer has returned the names of the councillors elected, unless an election petition questioning the election or the return of candidates is presented before that day;

(b) if an election petition questioning the election or return of councillors is presented before that day, as soon as practicable following the conclusion of proceedings on the petition (including, where there is an appeal, the proceedings on the appeal).

(2) For the purpose of deciding the day on which candidates’ home address forms must be destroyed, any day that is an excluded day must be disregarded.

PART 6 — Death of Candidate

Countermand or abandonment of poll on death of a candidate

71

(1) This rule applies where, at a contested election, the returning officer is satisfied before the result of the election is declared that one of the persons named or to be named as a candidate in the ballot papers has died.

(2) The returning officer must countermand notice of the poll or, if polling has begun, the returning officer must direct that the poll be abandoned and no further ballot papers may be issued.

(3) The countermanding of the poll or a direction that it be abandoned does not affect the poll at any relevant election.

(4) At the close of the poll at each relevant election, the presiding officer at any polling station in use at the election must take the steps (so far as not already taken) that the presiding officer would be required to take under rule 51 had the poll at the principal area election not been abandoned, except that it is not necessary for the presiding officer to prepare a ballot paper account.

(5) Where the returning officer is the co-ordinating returning officer, the returning officer must take the steps (so far as not already taken) that the returning officer would be required to take under Part 4, except that—

(a) the returning officer must not proceed with counting any ballot papers or votes relating to the abandoned poll, and

(b) it is not necessary to verify any ballot paper account relating to that poll.

(6) Where the returning officer is not the co-ordinating returning officer, the returning officer—

(a) must receive any ballot papers or other documents relating to the abandoned poll that may be delivered by or on behalf of the co-ordinating returning officer, but

(b) must not otherwise proceed with any step under Part 4 relating to the abandoned poll.

(7) The returning officer must take the same steps as the returning officer would be required to take under rules 65 and 66 on the completion of the counting of votes (had the poll not been abandoned), except that—

(a) the returning officer must seal up all the ballot papers (whether the votes on them have been counted or not), and

(b) it is not necessary to seal up counted and rejected ballot papers in separate packets.

(8) The provisions of rules 67 to 69 apply to ballot papers and other documents relating to a poll that is abandoned by reason of a candidate’s death, except that—

(a) ballot papers on which the votes were neither counted nor rejected are to be treated as counted ballot papers, and

(b) an order may be made under rule 67(2) or (3) only for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers.

(9) For what happens after notice of a poll is countermanded or a poll is abandoned, see section 39 of the 1983 Act.

APPENDICES — Note: The forms contained in these Appendices may be adapted so far as circumstances require.

Signed

Rebecca Evans — Minister for Finance and Local Government, one of the Welsh Ministers — 2021-12-15

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules, the Local Elections (Principal Areas) (Wales) Rules 2021, set out the rules of conduct (referred to in the notes as “the Conduct Rules”) by which the election of councillors to county councils and county borough councils (“principal councils”) in Wales are to take place.

These Rules replace, in relation to Wales, the Local Elections (Principal Areas) (England and Wales) Rules 2006 (“the 2006 Rules”) which applied to principal council elections in England and Wales.

These Rules will apply to elections to principal councils in Wales held on and after 5 May 2022.

These Rules are the first to be made by the Welsh Ministers for the conduct of principal council elections in Wales. Accordingly, they are the first such rules to apply solely to Wales and are the first be made bilingually, in Welsh and English, for principal council elections.

In making these Rules, the Welsh Ministers have updated the language throughout and re-ordered certain rules to improve clarity and accessibility.

Rules 1 to 5Rules 1 and 2 set out the title and commencement date of the Rules and make transitional provision so that any principal council elections in Wales held after the coming into force of these Rules, but before 5 May 2022, will be held in accordance with the 2006 Rules.Rule 3 provides definitions of certain terms used in these Rules, including “excluded day” and “relevant election”.Section 22(1) and (3) of the Political Parties, Elections and Referendums Act 2000 has the effect that a candidate at an election to a county or county borough council in Wales who is not standing for election in the name of a registered party has a choice between including no description in their nomination paper or including the word “Independent”. Rule 4, which is made under the powers conferred by section 26(2) of the Welsh Language Act 1993, extends the candidate’s choice by allowing the use of the word “Annibynnol” instead of, or in addition to, the word “Independent”. This extended choice is also reflected in rule 6 of Schedules 1 and 2.Rule 5 introduces Schedule 1 (which sets out the rules for the conduct of a principal council election where the poll is not taken with a poll at another election) and Schedule 2 (which sets out the rules for the conduct of a principal council election where the poll is combined with the poll at one or more relevant elections).Rule 5 also provides that where a rule in those Schedules requires the returning officer to publish a document, then (unless the rule provides otherwise) the document should be published online and in such other ways as the returning officer considers appropriate for bringing the contents of the document to the attention of the public.

The Conduct Rules (Schedules 1 and 2)Unless stated otherwise, the explanatory notes are common to the provisions in Schedules 1 and 2. Parts 1 and 2 Part 1 sets out the deadlines for specified key actions to be completed or undertaken in an election. Excluded days, as defined in rule 3(1)) of these Rules, are to be disregarded in calculating the periods set out in the timetable.Part 2 sets out the arrangements the returning officer must make to give notice of the election and for obtaining and submitting nomination forms. In particular it sets out the requirements for the notice of election, the content of nomination forms and determining whether the number of persons validly nominated is sufficient to proceed to the holding of a poll.The notice of election must include certain particulars about the election as set out in rule 3. For example, rule 3(5) and (6) requires that returning officers must include within it an electronic delivery statement providing that nomination papers may be delivered by being sent electronically to an email address, by submission online or by either of these means (in accordance with arrangements set out in the statement).Rule 5 provides for self-nomination; candidates must nominate themselves by way of completing and signing the nomination paper in the presence of a witness. The candidate need not use a nomination paper supplied by the returning officer or obtained online, but they must provide all the information as set out in the form of the nomination paper.Rule 5(3)(a) requires that the candidate’s full names be stated in the nomination paper. The candidate may also give their commonly used names (including where these differ from their full names only because they are in a different order, include only some of those names or include additional names).Rule 5(3)(b) permits a candidate to include in their nomination paper a description, which, subject to certain restrictions, will be included in the ballot paper against their name. The following rules are relevant to descriptions: Rule 6 – which sets out the general requirements about using a description; Rule 7 - permits a candidate to add the words “Wales”, “Welsh”, “Cymru” or “Cymreig” to a registered party name or registered description, where the name or description in question does not already include a territorial descriptor. A candidate is permitted to use the word “Wales” or “Welsh” before the permitted registered name or registered description or may use the word “Cymru” or “Cymreig” after the permitted registered name or registered description. A candidate must not use the territorial descriptors permitted under rule 7 if one of the words is already part of the registered name or registered description or if the candidate is using the word “Independent” or “Annibynnol” or both those words as their description. Rule 5(3)(c) requires a candidate to include, in their nomination paper, a statement of party membership. Rule 8 sets out the requirements for the statement of party membership. The candidate must declare on their nomination paper if they are, or have been, members of any registered political parties in the last 12 months (“the relevant period”), but that is not a party for which they are seeking to stand in the election in question. The “relevant period” is the period of 12 months ending with the day on which the notice of election was published. If a candidate knowingly fails to provide this information they will be guilty of a corrupt practice. Rule 5(3)(d) requires a candidate to include the relevant declarations set out in the form in Appendix 1, signed by the candidate.Rule 5(6) requires a candidate to include with their nomination paper a separate home address form as set out in rule 9. The requirements in terms of providing an address which establishes the candidate’s qualification to stand for election in the principal area in question are set out in the table in rule 9(3). Rule 9(6) allows a candidate to state that they do not want their home address to be made public. If a candidate makes such a statement, the home address form must state: if the candidate’s home address is in the United Kingdom, they must state the “relevant area”, which is defined in rule 9(8); or if the home address is outside the United Kingdom, they must state the country in which it is located. The returning officer is responsible for ensuring, where a candidate has indicated the home address is not to be published, that the wishes of the candidate are actioned.Rule 13 requires the returning officer to publish the statement of persons nominated. In doing so, the returning officer must include: the names and descriptions of the persons who stand nominated; the home address information for each candidate (in the manner requested by the candidate – see rule 9); and the information contained in the statements of membership of political parties, as appropriate (see rule 8). The statement must also include any other persons who have been nominated but who no longer stand nominated along with the reason for that.Rule 19 allows the nomination proceedings to be abandoned if they are interrupted on any day by riot or open violence. If the day on which the proceedings are abandoned is the last day for the delivery of nomination papers, the proceedings must continue the following day.Part 3Part 3 of each Schedule sets out the rules that govern the conduct of the poll where an election is contested. The rules in Part 3 deal with the form and content of ballot papers and other documents to be used at the poll (rules 21 to 24) and they enable returning officers to make use of school rooms and other public rooms for polling (rule 26). They set out the action the returning officer must take before the poll (rules 27 to 36), which includes giving notice of the poll, issuing postal ballot papers and poll cards, providing polling stations and equipment and appointing presiding officers and clerks. They also set out the procedure at the polling station on the day of the poll (rules 37 to 51), including the questions that may be put to voters and the assistance that may be given to voters who have a disability or are unable to read.The content of the rules in Part 3 of Schedule 1 and the rules in Part 3 of Schedule 2 is broadly similar. There are some minor differences because the rules in Part 3 of Schedule 2 regulate the conduct of the poll where it is combined with the poll at a relevant election (as defined in rule 3 of these Rules). For example, in Schedule 2, rule 22(4)(d) requires the ballot paper at the principal area election to be a different colour to the ballot paper in use at a relevant election. There is no similar requirement in Schedule 1 because it is unnecessary.Certain rules in Part 3 of each Schedule refer to other legislation. Where some explanation of that other legislation would be helpful, it is given below. Rule 28(1) of each Schedule (which relates to the issue of postal ballot papers etc.) and rule 36(1) and (2) of each Schedule (which relates to the marking of postal voting lists) refer to regulations under the 1983 Act. At the time when these Rules are made, it is the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) that make provision for the issue of postal ballot papers, postal voting statements and envelopes for their return and the marking of postal voting lists. Rule 32(3) of Schedule 1 and rule 32(5) of Schedule 2 provide for the returning officer to provide each polling station with (among other things) copies of relevant notices issued under section 13B(3B) or (3D) of the 1983 Act. These are notices that supplement the copies of the relevant parts of the register that are also supplied to the polling station. Notices under section 13B(3B) deal with situations where there has been an appeal against a decision by a registration officer (for example, a decision refusing registration) and the appeal is successful. Notices under section 13B(3D) deal with situations where representations have been made about a clerical error in the register (for example, as to a person’s name or address) and the registration officer agrees that there is an error. Rule 35(1) of each Schedule requires the returning officer to give every person attending the polling station, other than voters and their companions, persons under the age of 16 and constables on duty, a notice setting out the provisions of section 66(1), (3) and (6) of the 1983 Act. Section 66(1) requires returning officers, clerks, candidates, election agents, polling agents, representatives of the Electoral Commission and accredited observers who attend a polling station to maintain the secrecy of voting and it prohibits them from communicating certain information to anyone, for example, the names of voters or the official mark. Section 66(3) prohibits anyone from certain conduct, for example, interfering with a voter when voting. Under section 66(6), it is an offence not to comply with the requirements and prohibitions set out in the section. Rule 37 of each Schedule includes among those who are entitled to attend a polling station “persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000” (see rule 37(1)(g)). The persons who are entitled to attend by virtue of those sections are representatives of the Electoral Commission and accredited observers (who are either individuals whose applications to observe have been granted by the Electoral Commission or representatives of organisations whose applications to observe have been granted by the Electoral Commission). Where the poll at a principal area election is combined with the poll at a relevant election, the legal position is governed partly by these Rules and partly by the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (S.I. 2004/294) (“Combination of Polls Regulations”). The role of the returning officer at the principal area election varies according to whether that returning officer is also “the co-ordinating returning officer”. This is defined in rule 5(4) of these Rules as the person who, under regulation 4 of the Combination of Polls Regulations, exercises functions specified in regulation 5 of those Regulations.The effect of this depends on the combination. For example, where the poll at a parliamentary general election is combined with the poll at a principal area election, the returning officer at the parliamentary general election is the co-ordinating returning officer and exercises the functions specified in regulation 5 at the principal area election (as well as the returning officer’s usual functions at the parliamentary general election). By contrast, where the poll at a community election is combined with the poll at an ordinary principal area election, the returning officer at the principal area election is the co-ordinating returning officer and exercises the functions specified in regulation 5 at the community election (as well as the returning officer’s usual functions at the principal area election).One consequence of this is that, in order to understand responsibilities for the exercise of functions under particular rules in Part 3 of Schedule 2, it is necessary to read both those rules and the Combination of Polls Regulations. To assist the reader, the rules in question include some signposts to the Combination of Polls Regulations. For example, rule 29 of Schedule 2 sets out the function of the returning officer to ensure a sufficient number of polling stations at the principal area election. If the returning officer at the principal area election is the co-ordinating returning officer, the returning officer at that election exercises this function in the usual way (and also exercises the comparable function at the other election in accordance with the Combination of Polls Regulations).However, as has been explained, there are cases where the returning officer will not be the co-ordinating returning officer, for example, where the other election is a parliamentary general election. In that example, the returning officer at the parliamentary general election will be the co-ordinating returning officer and under the Combination of Polls Regulations will exercise the function of ensuring a sufficient number of polling stations at the principal area election (as well as at the parliamentary general election). Rule 29(4) therefore includes a signpost to those Regulations with the aim of assisting the reader.The other functions in Part 3 of Schedule 2 that are sometimes exercisable under the Combination of Polls Regulations by the returning officer at a relevant election instead of the principal area returning officer are the following (and the relevant rules accordingly include signposts to assist the reader): the preparation of the corresponding number list under rule 23 or, if proceedings on the issue and receipt of postal ballot papers at the principal area election and the relevant election are not taken together, the preparation of Part 2 of the list; the publication of notice of the situation of polling stations etc. under rule 27(3) to (5); the issue of postal ballot papers under rule 28 where proceedings on the issue and receipt of postal ballot papers at the principal area election and the relevant election are taken together; the provision of polling stations under rule 29; the appointment of presiding officers and clerks under rule 30; the provision of equipment at polling stations under rule 32; the notification under rule 35 of the requirements of section 66(1), (3) and (6) of the 1983 Act; the marking of the postal voters and proxy postal voters lists under rule 36, where proceedings on the issue and receipt of postal ballot papers at the principal area election and the relevant election are taken together; the signing of certificates under rule 37(5) relating to the duties of staff of the returning officer; the authorisation under rule 38(3)(b) of individuals who may remove those engaging in misconduct from polling stations. Part 4Part 4 of each Schedule (rules 52 to 60 in Schedule 1 and rules 52 to 64 in Schedule 2) sets out the rules that govern the counting of votes and declaration of result at contested elections, including rules about who may attend, the practical arrangements at the count, the preliminary steps that must be taken, the method of counting, the rejection of ballot papers, re-counts and the steps that must be taken when the result is declared.The content of the rules in Part 4 of Schedule 1 and the rules in Part 4 of Schedule 2 is broadly similar. Votes at the principal area election are counted in the same way regardless of whether the poll at the election has been combined with the poll at a relevant election. However, there are some differences in the content of the rules. This is because the rules in Part 4 of Schedule 2, which apply where the poll at the principal area election has been combined with the poll at a relevant election, need to distinguish between the position where the returning officer at the principal area election is the co-ordinating returning officer and the position where another returning officer is the co-ordinating returning officer. In particular, where the returning officer at the principal area election is the co-ordinating returning officer, the returning officer separates the ballot papers used at the combined poll according to each election (rule 55).Where the returning officer at the principal area election is not the co-ordinating returning officer, the returning officer simply receives the ballot papers for the principal area election from the co-ordinating returning officer after their separation from the other ballot papers (rule 57). To assist with understanding, rule 52 provides an overview, setting out which rules apply where the principal area returning officer is the co-ordinating officer and which rules applies where the principal area returning officer is not.Certain rules in Part 4 refer to other legislation. Where some explanation of that other legislation would be helpful, it is given below. Rule 53 of each Schedule includes among those who are entitled to attend a polling station “persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000” (see rule 53(1)(e)). As explained above, the persons who are entitled to attend by virtue of those sections are representatives of the Electoral Commission and accredited observers. Rule 53(6) of Schedule 1 and rule 53(8) of Schedule 2 requires the returning officer to make arrangements for everyone attending the counting of votes other than constables on duty to be given a notice setting out the provisions of section 66(2) and (6) of the 1983 Act. Section 66(2) requires every person attending the counting of votes to maintain the secrecy of voting and it prohibits them from ascertaining or attempting to ascertain the number or other unique identifying mark on the back of the ballot paper or communicating to anyone about the candidate for whom a particular vote has been given. Under section 66(6), it is an offence not to comply with the requirements and prohibitions set out in the section. Rule 54(8)(c) of Schedule 1 and rule 58(3)(c) of Schedule 2 refer to cases where steps for verifying the date of birth and signature of an elector or proxy voting by post have been prescribed by regulations under the 1983 Act. At the time when these Rules are made, it is the Representation of the People (England and Wales) Regulations 2001 that make provision for verification. Part 5Part 5 of each Schedule (rules 61 to 66 of Schedule 1 and rules 65 to 70 of Schedule 2) sets out the rules that govern what happens to ballot papers and other documents in use at elections, including rules about the delivery of documents to registration officers, the powers of courts to make orders relating to the documents and when they must be destroyed.The content of the rules in Part 5 of Schedule 1 and the rules in Part 5 of Schedule 2 is broadly similar. There are minor differences because the rules in Schedule 2 (which apply where the poll at the principal area election has been combined with the poll at a relevant election) need to distinguish between the position where the returning officer at the principal area election is the co-ordinating returning officer and the position where another returning officer is the co-ordinating returning officer. In particular, where the returning officer is the co-ordinating returning officer, the returning officer has responsibility for delivering a wider range of documents to the registration officer (rule 66 of Schedule 2).Part 6Part 6 sets out the rules that govern what happens when a candidate dies. The rules ensure that proceedings at the election come to an end and also deal with consequential matters of administration (for example, to ensure that documents in use at the election are sent to the registration officer). As indicated by the sign-posting provision in rule 67(6) of Schedule 1 and rule 71(9) of Schedule 2, section 39 of the 1983 Act deals more generally with what happens where a candidate dies and, in consequence, a poll is countermanded or abandoned. It requires the returning officer to order a fresh election but also provides that fresh nominations are not required for candidates who remain validly nominated at that election.

Regulatory Impact AssessmentThe Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Rules. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefit of complying with these Rules. A copy can be obtained from the Local Government Democracy Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ and on the Welsh Government website at www.gov.wales.

Footnotes

[^f00001]: 1983 c. 2. Section 36A was inserted by section 13(3) of the Local Government and Elections (Wales) Act 2021 (asc 1).

[^f00002]: 1993 c. 38. Functions of the Secretary of State, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1. Those functions were subsequently transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32). See also section 59A of, and Schedule 3A to, the Government of Wales Act 2006. The power to make an order under section 26(2) of the Welsh Language Act 1993 may be exercised to make rules by virtue of section 39 of the Legislation (Wales) Act 2019 (anaw 4).

[^f00003]: See also section 40 of the Legislation (Wales) Act 2019 for provision about the procedure that applies to this instrument.

[^f00004]: S.I. 2004/294 as amended by paragraph 17 of Schedule 2 to the Local Government and Elections (Wales) Act 2021 and by S.I. 2006/3278, S.I. 2012/1917, S.I. 2014/920 and S.I. 2015/654.

[^f00005]: 1971 c. 80.

[^f00006]: S.I. 2007/1024; relevant amending instruments are S.I. 2010/1172, S.I. 2011/926, S.I. 2012/1917, S.I. 2014/1370 and S.I. 2018/1310.

[^f00007]: 2011 c. 13. Chapter 6 of Part 1 was amended by the Crime and Courts Act 2013 (c. 22) (Schedule 8, paragraph 184), by the Local Government (Democracy) (Wales) Act 2013 (anaw 4) (Schedule 1, paragraph 5), by the Policing and Crime Act 2017 (c. 3) (section 122(1), Schedule 2, paragraph 117 and Schedule 9, paragraph 73) and by the Wales Act 2017 (c. 4) (section 8). It was also amended by S.I. 2014/268, S.I. 2015/1376, S.I. 2015/1526, S.I. 2016/997, S.I. 2017/470 and S.I. 2018/1310.

[^f00008]: Section 202(1) was amended by the Representation of the People Act 1985 (c. 50) (Schedule 2, paragraph 3), by the Greater London Authority Act 1999 (c. 29) (Schedule 3, paragraph 38), by the Representation of the People Act 2000 (c. 2) (Schedule 6, paragraph 9), by the Electoral Administration Act 2006 (c. 22)(Schedule 1, paragraphs 13, 76 and 128) and by the Local Government and Elections (Wales) Act 2021 (Schedule 2, paragraph 2(17)). There are other amendments but they are not relevant to these Rules.

[^f00009]: 2000 c. 41.

[^f00010]: Section 28 was amended by section 48 of the Electoral Administration Act 2006.

[^f00011]: Section 28A was inserted by section 49(1) of the Electoral Administration Act 2006.

[^f00012]: Seethe Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341); relevant amending instruments are S.I. 2002/871, S.I. 2006/752, S.I. 2006/2910 and S.I. 2013/3198.

[^f00013]: Section 202(1) was amended to insert a definition of “qualifying address” by paragraph 22 of Schedule 1 to the Representation of the People Act 2000.

[^f00014]: Sections 13 to 13B of the 1983 Act were substituted for section 13 of that Act by paragraph 6 of Schedule 1 to the Representation of the People Act 2000 (c. 2). Section 13B(3B) and (3D) were inserted by section 11(4) of the Electoral Administration Act 2006.

[^f00015]: Section 66 of the 1983 Act was amended by paragraphs 82 and 86 of Schedule 1 to the Electoral Administration Act 2006 and paragraph 3 of Schedule 3 to the Representation of the People Act 1985; there are other amendments but none are relevant to these Rules.

[^f00016]: 2002 c. 30. Section 38 was amended by section 38 of the Policing and Crime Act 2017.

[^f00017]: Sections 6A to 6D were inserted by section 29 of the Electoral Administration Act 2006.

[^f00018]: Section 39 was amended by section 19 of the Representation of the People Act 1985, paragraph 68 of Schedule 16 to the Local Government (Wales) Act 1994 (c. 19) and paragraph 2(7) of Schedule 2 to the Local Government and Elections (Wales) Act 2021.

[^f00019]: S.I. 2001/341. Regulation 65 was amended by paragraph 16(4) of Schedule 2 to the Local Government and Elections (Wales) Act 2021.

[^f00020]: 2000 c. 22. Section 44 was amended by paragraph 18(2) of Schedule 21 to the Political Parties, Elections and Referendums Act 2000. Functions of a Minister of the Crown under section 44, so far as exercisable within devolved competence, were transferred to the Welsh Ministers by article 45 of, and Schedule 1 to, the Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644).

Editorial notes

[^key-00303731a30df3ed5313e42b0d694d36]: Sch. 2 rule 71 in force at 17.12.2021, see rule 1

[^key-02766cfbefbdc47a43b365ac954f6a4b]: Sch. 2 rule 59 in force at 17.12.2021, see rule 1

[^key-0316f445a7cbc6f112e8b18993d457fe]: Sch. 2 rule. 10(3)(aa) inserted (10.3.2022) by The Local Elections (Miscellaneous and Consequential Amendments) (Wales) Regulations 2022 (S.I. 2022/263), regs. 1(2), 2(3) (with reg. 12(a))

[^key-054d7ccd389ed83e3a94c7de0e400b0c]: Sch. 2 rule 28(1A) inserted (9.10.2023) by The Local Elections (Principal Areas) (Single Transferable Vote) (Wales) Rules 2023 (S.I. 2023/1064), rules 1(2), 7(4)(b)

[^key-0c8679c66ea0eb3f8e71c925e7376410]: Sch. 1 rule 21(2) substituted (9.10.2023) by The Local Elections (Principal Areas) (Single Transferable Vote) (Wales) Rules 2023 (S.I. 2023/1064), rules 1(2), 3(2)

[^key-0d35fd3fab6225ffbf8aef3b5b9c06c8]: Sch. 1 rule 50 in force at 17.12.2021, see rule 1

[^key-0e03aeab7ae517c7c841b1834626f882]: Sch. 1 rule 49 in force at 17.12.2021, see rule 1

[^key-0e3801bc3ad69462e49dce387b72b9d5]: Sch. 2 rule 12 in force at 17.12.2021, see rule 1

[^key-0f356692309bc45b623bea7f488c4239]: Sch. 2 rule 32(13A) inserted (9.10.2023) by The Local Elections (Principal Areas) (Single Transferable Vote) (Wales) Rules 2023 (S.I. 2023/1064), rules 1(2), 7(6)(d)

[^key-11ea9caa48d4ce42aab86d8825194b49]: Sch. 1 rule. 51(3A)(3B) inserted (10.3.2022) by The Local Elections (Miscellaneous and Consequential Amendments) (Wales) Regulations 2022 (S.I. 2022/263), regs. 1(2), 3(2)(b)(ii) (with reg. 12(a))

[^key-124aeb0c1f934b7e792cecbcc3105906]: Sch. 1 rule 59 in force at 17.12.2021, see rule 1

[^key-12f0a162a748ec9c44ab028b2527f3a2]: Sch. 1 rule 14 in force at 17.12.2021, see rule 1

[^key-139cce26245ef4ee1e4181a3b40d231b]: Sch. 1 rule 38 in force at 17.12.2021, see rule 1

[^key-148b23d5e68f718ca3b426072fda7409]: Words in Sch. 1 rule 32(11) inserted (9.10.2023) by The Local Elections (Principal Areas) (Single Transferable Vote) (Wales) Rules 2023 (S.I. 2023/1064), rules 1(2), 3(6)(c)

[^key-1856677eb209e5693f00b30a68a7d4d1]: Sch. 2 rule 52 in force at 17.12.2021, see rule 1

[^key-191d4db165196cfaed72aa2c7d6228ee]: Sch. 2 rule 45 in force at 17.12.2021, see rule 1

[^key-1962d77f8414d774586eedd2b865cbc3]: Sch. 1 rule 36 in force at 17.12.2021, see rule 1

[^key-19e3b134579943ed386235b3531c0971]: Sch. 2 rule 5 in force at 17.12.2021, see rule 1

[^key-1b76786196132769ab4e97426363152e]: Rules applied (with modifications) (10.3.2022) by S.I. 2007/236, Sch. 4 Pt. 3 (as substituted by The Local Elections (Miscellaneous and Consequential Amendments) (Wales) Regulations 2022 (S.I. 2022/263), reg. 1(2), Sch. 3 para. 4 (with reg. 12(f)))

[^key-1b93058b71a1c9c1b48727d3cc9ade84]: Words in Sch. 2 rule 31(6)(a) substituted (9.10.2023) by The Local Elections (Principal Areas) (Single Transferable Vote) (Wales) Rules 2023 (S.I. 2023/1064), rules 1(2), 7(5)(b)

[^key-1e0202922eef04f84b352ca72832a16e]: Words in Sch. 2 rule 66(2)(d) inserted (9.10.2023) by The Local Elections (Principal Areas) (Single Transferable Vote) (Wales) Rules 2023 (S.I. 2023/1064), rules 1(2), 9(b)

[^key-1f5e542e8e1c122b775d01621f0bb625]: Sch. 2 rule 50 in force at 17.12.2021, see rule 1

[^key-2149b6fed95a88069dad1efd98997651]: Sch. 1 rule 23 in force at 17.12.2021, see rule 1

[^key-23c14c7df5a520e50210eff0adb2d87f]: Words in Sch. 1 rule 28(1)(b) substituted (9.10.2023) by The Local Elections (Principal Areas) (Single Transferable Vote) (Wales) Rules 2023 (S.I. 2023/1064), rules 1(2), 3(4)(a)

[^key-23edc246e56cae63be2d60080f6185ad]: Sch. 1 rule 51 in force at 17.12.2021, see rule 1

[^key-23fa1cddd22b06fd57e94dca218f9e2d]: Sch. 1 rule 10 in force at 17.12.2021, see rule 1

[^key-256a603de2e2bb9b9b7d64352a9443f6]: Sch. 1 rule 5 in force at 17.12.2021, see rule 1

[^key-264d078c663ab6eb8e575399f804cb97]: Words in rule 3(3) inserted (9.10.2023) by The Local Elections (Principal Areas) (Single Transferable Vote) (Wales) Rules 2023 (S.I. 2023/1064), rules 1(2), 2(b)

[^key-2810508319bb63acfc8e9cfad01bf27a]: Sch. 2 rule 8 in force at 17.12.2021, see rule 1

[^key-29ae183b9ad7e033bf1ff615cf5faeba]: Sch. 2 rule 38 in force at 17.12.2021, see rule 1

[^key-2b0657aec9346e577938eb31fcb83d7b]: Sch. 1 rule 24 in force at 17.12.2021, see rule 1

[^key-2cf64cdde88bd6ce4d1f45175006d1d0]: Words in Sch. 1 rule 31(4) substituted (9.10.2023) by The Local Elections (Principal Areas) (Single Transferable Vote) (Wales) Rules 2023 (S.I. 2023/1064), rules 1(2), 3(5)(a)

[^key-2df3fe0058ae1278f1d62d21381084df]: Sch. 2 rule 32 in force at 17.12.2021, see rule 1

[^key-2f8d1d1e935686f9fbfd085761e95dca]: Sch. 2 Pt. 4A inserted (9.10.2023) by The Local Elections (Principal Areas) (Single Transferable Vote) (Wales) Rules 2023 (S.I. 2023/1064), rules 1(2), 8(2)

[^key-2f9aeaf917ef3ce9557b89167ee728e4]: Sch. 2 rule 42 in force at 17.12.2021, see rule 1

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