Local Elections (Parishes and Communities) Rules 1973
| Jurisdiction | UK Non-devolved |
| Citation | SI 1973/1910 |
| Year | 1973 |
1973 No. 1910
REPRESENTATION OF THE PEOPLE
The Local Elections (Parishes and Communities) Rules 197312thNovember 1973
3rdDecember 1973
1stJanuary 1974
In exercise of the powers conferred upon me by sections 42, 83 and 89(6) of the Local Government Act 1972(a) and by section 78 and by section 165(1) (as amended by paragraph 11 of Schedule 6 to the Local Government Act 1972) of the Representation of the People Act 1949(b), I hereby make the following Rules:—
1.—(1) These Rules may be cited as the Local Elections (Parishes and Communities) Rules 1973 and shall come into operation on 1st January 1974.
(2) The Interpretation Act 1889(c) shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.
2.—(1) The Parish Council Election Rules 1973(d) shall be revoked as from 1st January 1974.
(2) Section 38 of the Interpretation Act 1889 shall apply as if the Rules revoked by these Rules were Acts of Parliament.
3. In the application of the parliamentary elections rules in Schedule 2 to the Representation of the People Act 1949 to the elections of parish or community councillors adaptations, alterations and exceptions shall be made therein so that the elections shall be conducted in accordance with the rules set out in Schedule 1 hereto.
4. In the application of those provisions of the Representation of the People Act 1949 referred to in section 165(1) of that Act to an election of the chairman of a parish or community council and of parish or community councillors the following modification shall have effect:—
In section 119(2)(b) of the said Act for the words "such amount not exceeding five hundred pounds" there shall be substituted the words "an amount of fifty pounds or such smaller amount or such larger amount not exceeding three hundred pounds".
5.—(1) The declaration of acceptance of office by the chairman of a parish or community council or by a parish or community councillor shall be in the form in Part I of Schedule 2 hereto or a form to the like effect.
(a) 1972 c. 70.
(b) 1949 c. 68.
(c) 1889 c. 63.
(d) S.I. 1973/166 (1973 I, p. 670).
(2) In relation to an election of parish or community councillors a declaration as to election expenses shall be in the form in Part II of Schedule 2 hereto, or a form to the like effect.
Robert Carr, One of Her Majesty's Principal Secretaries of State.
Home Office, Whitehall.
12th November 1973.
SCHEDULE 1
ELECTION RULES
Arrangement of rules
PART I
PROVISIONS AS TO TIME
Rule
1. Timetable.
2. Computation of time.
3. Hours of poll.
PART II
STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS
4. Notice of election.
5. Nomination of candidates.
6. Subscription of nomination paper.
7. Consent to nomination.
8. Decisions as to validity of nomination papers.
9. Publication of nominations.
10. Inspection of nomination papers and consents to nomination.
11. Withdrawal of candidates.
12. Nomination in more than one ward.
13. Method of election.
PART III
CONTESTED ELECTIONS
General provisions
14. Poll to be taken by ballot.
15. The ballot papers.
16. The official mark.
17. Prohibition of disclosure of vote.
18. Use of schools and public rooms.
Action to be taken before the poll
19. Notice of poll.
20. Provision of polling stations.
21. Appointment of presiding officers and clerks.
22. List of proxies.
23. Equipment of polling stations.
24. Appointment of polling and counting agents.
25. Declaration of secrecy.
The poll
26. Admission to polling station.
27. Keeping of order in station.
28. Sealing of ballot boxes.
29. Questions to be put to voters.
30. Challenge of voter.
31. Voting procedure.
32. Votes marked by presiding officer.
33. Voting by blind persons.
34. Tendered ballot papers.
35. Spoilt ballot papers.
36. Adjournment of poll in case of riot.
37. Procedure on close of poll.
Counting of votes
38. Attendance at counting of votes.
39. The count.
40. Re-count.
41. Rejected ballot papers.
42. Decisions on ballot papers.
43. Equality of votes.
PART IV
FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS
44. Declaration of result.
45. The return.
PART V
DISPOSAL OF DOCUMENTS
46. Sealing of ballot papers.
47. Delivery of documents.
48. Orders for production of documents.
49. Retention and public inspection of documents.
50. Supplemental provisions as to documents.
PART VI
SUPPLEMENTAL
51. Countermand or abandonment of poll on death of candidate.
52. Filling of casual vacancies.
53. General duty of returning officer.
54. Notices.
55. Interpretation.
APPENDIX
FORMS
Notice of election.
Nomination paper.
Candidate's consent to nomination.
Statement as to persons nominated.
Ballot paper.
Directions for the guidance of the voters in voting.
Certificate of employment.
Declaration to be made by the companion of a blind voter.
PART I
PROVISIONS AS TO TIME
Timetable
1. The proceedings at the election shall be conducted in accordance with the following Table.
TIMETABLE
Proceeding 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 noon on the nineteenth day
before the day of election
Publication of statement as to persons Not later than noon on the seventeenth day
nominated before the day of election
Delivery of notices of withdrawals of Not later than noon on the sixteenth day
candidature before the day of election
Notice of poll Not later than the sixth day before the day of
election
Notice of appointment of polling or Not later than the fifth day before the day of
counting agents election.
Polling On the day of election.
Computation of time
2.—(1) In computing any period of time for the purposes of the timetable in rule 1 a Sunday, day of the Christmas break, of the Easter break or of a bank holiday break or day appointed for public thanksgiving or mourning shall be disregarded and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll nor shall the returning officer be obliged to proceed with the counting of the votes thereon.
(2) In this rule "the Christmas break" means the period beginning with the last week day before Christmas Day and ending with the first week day after Christmas Day which is not a bank holiday, "the Easter break" means the period beginning with the Thursday before and ending with the Tuesday after Easter Day, and "a bank holiday break" means any bank holiday not included in the Christmas break or the Easter break and the period beginning with the last week day before that bank holiday and ending with the next week day which is not a bank holiday.
Hours of poll
3. The poll shall commence at eight o'clock in the morning and be kept open till nine o'clock in the evening of the same day and no longer.
PART II
STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS
Notice of election
4.—(1) Notice of the election in the form in the Appendix, or a form to the like effect, shall be prepared, signed and published by the returning officer.
(2) The notice shall be published by causing a copy to be exhibited conspicuously in the electoral area; and—
(a) at the offices, if any, of the parish or community council; and
(b) at the principal offices of the council for any district which includes the whole or part of the electoral area;
(c) at such other places as the returning officer thinks best calculated to bring the notice to the attention of those concerned.
Nomination of candidates
5.—(1) Each candidate shall be nominated by a separate nomination paper in the form in the Appendix, or a form to the like effect, delivered at the place fixed for the purpose by the returning officer.
(2) The nomination paper shall state the full names, home address and (if desired) description of the candidate and the surname shall be placed first in the list of his names.
(3) The description (if any) shall not exceed six words in length, and need not refer to his rank, profession or calling so long as, with the other particulars of the candidate, it is sufficient to identify him.
Subscription of nomination paper
6.—(1) The nomination paper shall be subscribed by two electors for the electoral area as proposer and seconder.
(2) Where a nomination paper bears the signatures of more than the required number of persons as proposing or seconding the nomination of a candidate, the signature appearing first on the paper in each category shall be taken into account to the exclusion of any others in that category.
(3) The nomination paper shall give the electoral number of each person subscribing it.
(4) The returning officer shall provide nomination papers and forms of consent to nomination and shall supply any elector for the electoral area with as many nomination papers and forms of consent to nomination as may be required and shall, at the request of any such elector, prepare for signature a nomination paper.
(5) No person shall—
(a) subscribe more nomination papers than there are vacancies to be filled in the electoral area; or
(b) subscribe a nomination paper for more than one ward of a parish or a community divided into wards; or
(c) subscribe more than one nomination paper in respect of the same candidate.:
Provided that a person shall not be prevented from subscribing a nomination paper by reason only of his having subscribed that of a candidate who has died or withdrawn before delivery of the first-mentioned paper.
(6) If any person subscribes nomination papers in contravention of the last foregoing paragraph, his signature shall be inoperative in all but those papers (up to the permitted number) which are first delivered.
(7) In this rule—
the expression "elector for the electoral area" means a person who is registered as a local government elector for the electoral area in the register to be used at the election or who, pending the publication of that register, appears from the electors lists therefor as corrected by the registration officer to be entitled to...
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