The Local Elections (Communities) (Wales) Rules 2021

Made: 15 December 2021

Coming into force: 17 December 2021

In accordance with section 36A(10) of the Representation of the People Act 1983, a draft of this instrument has been laid before and approved by a resolution of Senedd Cymru.

Title and commencement

1

The title of these Rules is the Local Elections (Communities) (Wales) Rules 2021 and they come into force on 17 December 2021.

Transitional provision

2

The coming into force of these Rules does not affect the conduct of an election of councillors to a community council if, in the event of the election being contested, the poll would take place before 5 May 2022.

Interpretation

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• (1) In these Rules—

• “the 1983 Act” (“Deddf 1983”) means the Representation of the People Act 1983;

• “the Combination of Polls Regulations” (“Rheoliadau Cyfuno Pleidleisiau”) means the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004[^f00003];

• “excluded day” (“diwrnod eithriedig”) means a day that is—a Saturday;a Sunday;Christmas Eve;Christmas Day;Good Friday;a day that is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971[^f00004]; a day appointed for public thanksgiving or mourning;

• “home address information” (“gwybodaeth am gyfeiriad cartref”) in relation to a person nominated—in Schedule 1, has the meaning given by rule 13(3) of that Schedule, andin Schedule 2, has the meaning given by rule 13(3) of that Schedule.

• (2) For the purposes of these Rules, an election is a “relevant election” if it is one of the following elections and the poll at the election is taken together with the poll at an election of councillors to a community council—

• (a) a parliamentary election;

• (b) an election of councillors to a county council or county borough council;

• (c) a mayoral election, that is, an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007[^f00005];

• (d) a police and crime commissioner election, that is, an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011[^f00006].

• (3) In these Rules, unless otherwise indicated, the following words and expressions have the same meaning as in the 1983 Act (see sections 202(1) and 203(1)[^f00007] of that Act)—

• “anonymous entry” (“cofnod dienw”);

• “disability” (“anabledd”);

• “election court” (“llys etholiad”);

• “election petition” (“deiseb etholiad”);

• “elector” (“etholwr”);

• “electoral area” (“ardal etholiadol”);

• “list of proxies” (“rhestr dirprwyon”);

• “postal voters list” (“rhestr pleidleiswyr post”);

• “proper officer” (“swyddog priodol”);

• “proxy postal voters list” (“rhestr pleidleiswyr post drwy ddirprwy”);

• “record of anonymous entries” (“cofnod cofnodion dienw”);

• “voter” (“pleidleisiwr”).

Conduct of elections to a community council

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• (1) Schedule 1 sets out the rules that apply to the conduct of an election of councillors to a community council where the poll at the election is not taken together with the poll at another election.

• (2) References in the rules in Schedule 1 to the returning officer are references to the returning officer at the election of councillors to a community council.

• (3) Schedule 2 sets out the rules that apply to the conduct of an election of councillors to a community council where the poll at the election is taken together with the poll at one or more relevant elections.

• (4) References in the rules in Schedule 2 to the co-ordinating returning officer are references to the returning officer who, under regulation 4 of the Combination of Polls Regulations, is responsible for discharging functions specified in regulation 5 of those Regulations.

• (5) References in the rules in Schedule 2 to the returning officer are references to the returning officer at the election of councillors to a community council (whether or not that person is also the co-ordinating returning officer), unless a particular rule otherwise provides.

• (6) Where a rule in Schedule 1 or 2 requires the returning officer to publish a document, the document must be published—

• (a) online, and

• (b) in such other way as the returning officer considers appropriate for bringing the contents of the document to the attention of the public.

• (7) Where a rule in Schedule 1 or 2 requires or authorises a notice to be given, the notice may be—

• (a) sent by post,

• (b) sent electronically, or

• (c) delivered personally.

Filling of casual vacancies

5

• (1) This rule applies where public notice of a casual vacancy in the office of community councillor is given in accordance with section 87(2) of the Local Government Act 1972.

• (2) A request for an election to fill the vacancy may be made before the end of the period of 14 days beginning the day after public notice of the vacancy is given.

• (3) Any such request must be made by ten electors to the proper officer of the council of the county or county borough in which the community is situated.

• (4) The request may be made by—

• (a) the ten electors providing the proper officer with one document containing the request, signed by each of them, or

• (b) each of the ten electors providing the proper officer with a document containing the request and signed by that elector .

• (5) Where a request is made, an election to fill the casual vacancy must be held unless the vacancy occurred during the councillor’s final six months (as to which see paragraph (12)).

• (6) Where an election is required, it must be held on a day appointed by the returning officer, which must be before the end of the period of 60 days beginning with the day on which public notice of the vacancy is given.

• (7) Where an election is not required—

• (a) if the vacancy occurred during the councillor’s final six months, the community council may co-opt a person to fill the vacancy;

• (b) otherwise, the community council must co-opt a person to fill the vacancy.

• (8) Where the community council decides or is required to co-opt a person, this must be done as soon as practicable after the end of the period of 14 days beginning the day after public notice of the vacancy is given.

• (9) Where a vacancy is not filled by an election or by co-opting a person, it must be filled at the next ordinary election of councillors for the community.

• (10) In paragraph (3), “elector” means a person who, on the day on which the request is made, is registered in the register of local government electors for the electoral area in which the vacancy has occurred, other than a person who is not of voting age on that day or who has an anonymous entry.

• (11) In calculating the period of 14 days mentioned in paragraphs (2) and (8), and the period of 60 days mentioned in paragraph (6), any day that is an excluded day is to be disregarded.

• (12) References in this rule to a councillor’s final six months are to the period of six months ending with the expected day of the next ordinary election of councillors for the community.

Modifications of the 1983 Act

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• (1) The provisions of the 1983 Act referred to in section 187(1) of that Act (provisions applying at certain local elections) apply to an election of community councillors with the modification that any reference to the proper officer of the authority is to be read as a reference to the returning officer.

• (2) Section 136(2)(b) of the 1983 Act[^f00008] (amount of security of costs on election petition) applies to an election of community councillors with the modification that the reference to “£2,500” is to be read as a reference to “£1,500”.

Form of election expenses

7

A declaration as to election expenses at an election of community councillors must be in the form in Schedule 3 to these Rules or a form to the like effect.

SCHEDULE 1 — Rules for conduct of an election of councillors for a community where poll is not taken together with poll at another election

Timetable

1

• (1) The proceedings at the election must be conducted in accordance with the following timetable.

Proceedings	Time
Publication of notice of election	Not later than the twenty-fifth day before the day of election
Delivery of nomination papers	Not later than 4 p.m. on the nineteenth day before the day of election
Delivery of notices of withdrawals of candidature	Not later than 4 p.m. on the nineteenth day before the day of election
Publication of statement as to persons nominated	Not later than 4 p.m. on the eighteenth day before the day of election
Notice of uncontested electionNotice of poll in contested election	Not later than the sixth day before the day of election
Polling	Between the hours of 7 a.m. and 10 p.m. on the day of election

• (2) Paragraph (3) applies where—

• (a) a nomination paper is sent electronically or submitted online in accordance with arrangements set out in the notice of election (see rule 3), or

• (b) a notice of withdrawal of candidature under rule 12 is sent electronically.

• (3) For the purpose of determining whether the paper or notice has been delivered in accordance with the timetable in paragraph (1), the paper or notice is to be treated as having been delivered at the time when its delivery is recorded on the computer system in use by the returning officer for receiving the paper or notice.

• (4) In this rule, “the day of election” means the day specified in the notice of election as the day on which a poll would take place in the event of a contest.

Computation of time

2

• (1) An excluded day is to be disregarded in calculating any period set out in the second column of the timetable in rule 1.

• (2) No proceedings under these rules up to the close of the poll may take place on an excluded day.

• (3) The returning officer is not required to proceed with the counting of votes on an excluded day.

PART 1 — Notice of Election, Nomination and Method of Election

Notice of Election

Notice of election

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• (1) The returning officer must publish notice of the election.

• (2) The notice must state—

• (a) the number of councillors to be returned for each electoral area,

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

• (c) the place where, and the times at which, forms of nomination paper may be obtained and information about how and when forms of nomination paper may be obtained online,

• (d) the latest time for the delivery of nomination papers, and

• (e) the place where nomination papers may be delivered and the times at which they may be delivered to that place.

• (3) The notice must also state the date by which applications to vote by post or by proxy, and other applications and notices about postal or proxy voting, must reach the registration officer in order to be effective for the election.

• (4) The returning officer must also include in the notice an electronic delivery statement.

• (5) An electronic delivery statement is a statement that nomination papers may be delivered—

• (a) by being sent electronically to an email address in accordance with arrangements set out in the statement,

• (b) by submission online in accordance with arrangements set out in the statement, or

• (c) either by being sent electronically as mentioned in sub-paragraph (a) or by submission online as mentioned in sub-paragraph (b).

Nomination

Duty of returning officer to supply forms of nomination etc.

4

• (1) At the place and times for obtaining forms of nomination paper set out in the notice of election, the returning officer must—

• (a) supply any person with as many forms of nomination paper as the person may require, and

• (b) on request, prepare a nomination paper for signature.

• (2) The returning officer must also make arrangements to ensure that forms of nomination paper may be obtained online in accordance with the information given in the notice of election.

• (3) It is not, however, necessary for a nomination to be made on a form supplied by the returning officer or obtained online.

Nomination of candidates

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• (1) A candidate must nominate themself using a nomination paper in the form in Appendix 1 or a form to the like effect.

• (2) The nomination paper may be delivered either—

• (a) at the place specified by the returning officer in the notice of election, or

• (b) in accordance with the arrangements set out in the electronic delivery statement.

• (3) The nomination paper must—

• (a) state the candidate’s full names, with the surnames placed first,

• (b) if the candidate wishes, include a description that complies with rule 6,

• (c) include a statement of party membership that complies with rule 8, and

• (d) include the declarations set out in the form in Appendix 1, signed by the candidate.

• (4) If a candidate commonly uses forenames or surnames that are different in any respect from the forenames or surnames stated in accordance with paragraph (3)(a) (including where the difference is that the commonly used forenames or surnames are in a different order, include only some of the names or include additional names), the nomination paper may also state the commonly used forenames or surnames.

• (5) The nomination paper must be signed by the candidate in the presence of a witness who must attest the signature.

• (6) The nomination paper must be accompanied by a form (“a home address form”) that complies with rule 9.

Nomination papers: descriptions

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• (1) This rule sets out requirements about the descriptions that may be included in a nomination paper as mentioned in rule 5(3)(b).

• (2) The description may be either—

• (a) a description that is likely to lead electors to associate the candidate with a registered political party or with two or more registered political parties and is permitted under paragraph (3) or (as the case may be) paragraph (4), or

• (b) the word “Independent” or the word “Annibynnol”, or both those words.

• (3) A description that is likely to lead electors to associate the candidate with a registered political party is permitted where—

• (a) the party is a qualifying party,

• (b) the description is either—

• (i) the party’s registered name or, if the party has registered a name in English and a name in Welsh, either or both of those names, or

• (ii) a registered description of the party or, in the case of a description that has been registered in both English and Welsh, either or both of those descriptions, and

• (c) the use of the description by the candidate is authorised by a certificate issued by or on behalf of the registered nominating officer of the party and received by the returning officer before the last time for the delivery of nomination papers.

• (4) A description that is likely to lead electors to associate the candidate with two or more registered political parties is permitted where—

• (a) the parties are each qualifying parties,

• (b) the description consists of the registered name of each of the parties shown in either or both of the versions described in paragraph (5), and

• (c) the use of the description by the candidate is authorised by a certificate issued by or on behalf of the registered nominating officer of each of the parties and received by the returning officer before the last time for the delivery of nomination papers.

• (5) The versions referred to in paragraph (4)(b) are—

• (a) a version showing (in any order) the parties’ registered names, together with the addition of any appropriate conjunctions and punctuation in English (“the English version”);

• (b) a version showing (in any order) the parties’ registered names, together with the addition of any appropriate conjunctions and punctuation in Welsh (“the Welsh version”).

• (6) Where any of the parties has registered a name in English and a name in Welsh—

• (a) the party’s registered name in English (and not the party’s registered name in Welsh) may be used in the English version, and

• (b) the party’s registered name in Welsh (and not the party’s registered name in English) may be used in the Welsh version.

• (7) See also rule 7 (which sets out when and how the word “Wales”, “Welsh”, “Cymru” or “Cymreig” may be added to descriptions permitted under paragraph (3) or (4)).

• (8) A person is guilty of a corrupt practice if that person fraudulently purports to be authorised to issue a certificate under paragraph (3)(c) or (4)(c) on behalf of a registered political party’s nominating officer.

• (9) In this rule—

• (a) references to a registered name of a registered political party are to a name of the party registered under section 28 of the Political Parties, Elections and Referendums Act 2000[^f00009];

• (b) references to a registered description of a registered political party are to a description of the party registered under section 28A of that Act[^f00010].

• (10) For the purposes of the application of this rule in relation to an election—