UNITED KINGDOM STATUTORY INSTRUMENT
2007 No. 1024
LOCAL GOVERNMENT, ENGLAND AND WALES
The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007
Made 26th March 2007
Coming into force 27th March 2007
The Secretary of State makes the following Regulations in exercise of the powers conferred upon him by sections 44 and 105 of the Local Government Act 2000.
The Secretary of State has consulted the Electoral Commission about these Regulations in accordance with section 44(3A)of the 2000 Act.
The provisions of these Regulations which relate to the limitation of election expenses (and the creation of criminal offences in connection with the limitation of such expenses) are made in accordance with a recommendation of the Electoral Commission.
A draft of these Regulations has been laid before and approved by resolution of each House of Parliament:
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Citation, Commencement and RevocationCitation, Commencement and Revocation
1.—(1) These Regulations may be cited as the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007.
(2) These Regulations come into force on the day after that on which they are made except for the purposes of an election if the last date for the publication of the notice of election for that election is on or before 26 March 2007.
(3) The following instruments are revoked—
(a)
(a) The Local Authorities (Mayoral Elections)(England and Wales) Regulations 2002;
(b)
(b) The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2004;
(c)
(c) The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005to the extent of Part 4 of Schedule 12.
Interpretation
2. In these Regulations, —
“the 2000 Act” means the Local Government Act 2000;
“the 1983 Act” means the Representation of the People Act 1983;
“the Elections Regulations” means the Representation of the People (England and Wales) Regulations 2001;
“the Mayoral Elections Rules” means the rules set out in Schedule 1 to these Regulations;
“the Referendums Regulations” means the Local Authorities (Conduct of Referendums) (England) Regulations 2001;
“candidate” means a candidate to be an elected mayor;
“election” or “mayoral election” means an election for the return of an elected mayor;
“electoral area”—
(a) in relation to a mayoral election in England, means the county, district or London borough in which the election is held;
(b) in relation to a mayoral election in Wales, means the county or county borough in which the election is held;
“European Parliamentary election” shall have the same meaning as in section 27(1) of the Representation of the People Act 1985;
“local government election” shall have the same meaning as in section 203(1) of the 1983 Act;
“proper officer” has the meaning given by section 270(3) of the Local Government Act 1972;
“referendum” means a referendum conducted under the Referendums Regulations;
“relevant election or referendum” means one or more of the following—
(a) a Parliamentary election;
(b) a European Parliamentary election;
(c) a local government election;
(d) another mayoral election; and
(e) a referendum,
the poll at which is taken together with the poll at the mayoral election;
“returning officer”, in relation to a mayoral election, means—
(a) the proper officer of the London borough concerned or, as the case may be, the person appointed as the returning officer for the election in accordance with subsection (1) or (1A) of section 35 (returning officers: local elections in England and Wales)of the 1983 Act as applied by these Regulations; and
(b) any person appointed under subsection (4) of that section by a person of a description mentioned in paragraph (a).
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Conduct of mayoral electionsConduct of mayoral elections
3.—(1) An election for the return of an elected mayorshall be conducted in accordance with the Rules set out in Schedule 1 (“the Mayoral Elections Rules”).
(2) The relevant provisions in the enactments referred to in paragraph (3), shall have effect—
(a)
(a) in relation to the conduct of a mayoral election in England, as they have effect in relation to the conduct of an election of councillors for any county electoral division or district or London borough ward,
(b)
(b) in relation to the conduct of a mayoral election in Wales, as they have effect in relation to the conduct of an election of councillors for any county electoral division or county borough ward,
subject to the modifications set out in paragraph (4).
(3) The enactments referred to in paragraph (2) are—
(a)
(a) the 1983 Act;
(b)
(b) the Representation of the People Act 1985;
(c)
(c) the Representation of the People Act 2000;
(d)
(d) the Elections Regulations, and
(e)
(e) the Electoral Administration Act 2006.
(4) The modifications referred to in paragraph (2) are—
(a)
(a) references in the relevant provisions to “local government elections” shall be taken to include mayoral elections;
(b)
(b) references in the relevant provisions to a “candidate” shall be taken to include a candidate at a mayoral election;
(c)
(c) the other modifications set out in Schedule 2.
(5) In this regulation “relevant provisions” means the provisions which have effect in relation to the conduct of the election of councillors for any county electoral division or district or London borough ward (in England) or any county electoral division or county borough ward (in Wales).
Combination of polls
4. Where the poll at a mayoral election is taken together with the poll at a relevant election or referendum, the Mayoral Elections Rules shall be modified so as to have effect as set out in Schedule 3.
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Questioning of mayoral electionQuestioning of mayoral election
5. For the purposes of section 44(4) of the 2000 Act, Part 3 (legal proceedings) of the 1983 Act shall have effect in relation to the questioning of an election for the return of an elected mayor as it has effect in relation to the questioning of an election under the local government Act .
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Free delivery of election addressesFree delivery of election addresses
6.—(1) Each candidate at a mayoral election shall be entitled (subject to and in accordance with the provisions of Schedule 4) to have an election address prepared on behalf of the candidate included in a booklet of election addresses—
(a)
(a) prepared by the returning officer; and
(b)
(b) delivered by that officer to each person entitled to vote at that election.
(2) Candidates’ election addresses shall be delivered at the expense of the local authority for whose electoral area the election is held.
(3) Schedule 4 (which makes provisions supplementing paragraph (1) above) shall have effect.
Bridget Prentice,
Parliamentary Under Secretary of State
Department for Constitutional Affairs
26th March 2007
SCHEDULE 1
Regulation 3(1)
The Mayoral Elections Rules
PART 1
General provisions
1. Citation
These Rules may be cited as the Mayoral Elections Rules.
2. Interpretation
(1) In these Rules, “the Appendix” means the Appendix to these Rules.
(2) Other expressions used both in these Rules and in the 1983 Act (as it applies to local government elections), except for those defined in regulation 2 or modified by regulation 3, shall have the same meaning in these Rules as they have in that Act.
PART 2
Provisions as to time
3. Timetable
The proceedings at the election shall be conducted in accordance with the following 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 nominated |
Not later than noon on the seventeenth day before the day of election |
Delivery of notices of withdrawal of candidature |
Not later than noon on the sixteenth day before the day of election |
Notice of poll |
Not later than the sixth day before the day of election |
Polling |
Between the hours of 7 in the morning and 10 at night on the day of election |
4. Computation of time
(1) In computing any period of time for the purposes of the Timetable—
(a)
(a) a Saturday or Sunday,
(b)
(b) Christmas Eve, Christmas Day, Good Friday or a bank holiday, or
(c)
(c) a 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 on such a day.
(2) In this rule, “bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971in England and Wales.
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Stages common to contested and uncontested electionsPART 3
Stages common to contested and uncontested elections
5. Notice of Election
(1) The returning officer must publish notice of the election stating—
(a)
(a) the place and times at which nomination papers are to be delivered, and
(b)
(b) the date of the poll in the event of a contest,
and the notice must state that forms of nomination papers may be obtained at that place and those times.
(2) The notice of election must also state the arrangements which apply for the payment of the deposit required by rule 10 to be made by means of the electronic transfer of funds.
(3) The notice of election must state the date by which—
(a)
(a) applications to vote by post or by proxy, and
(b)
(b) other applications and notices about postal or proxy voting,
must reach the returning officer in order that they may be effective for the election.
6. Nomination of candidates
(1) Each candidate must be nominated by a separate nomination paper.
(2) A nomination paper must be in the appropriate form in the Appendix or a form to the like effect and shall be delivered at the place fixed for the purpose by the returning officer, which shall be at the offices of...
