2006 No. 3304
The Secretary of State makes the following Rules in exercise of the powers conferred upon him by section 36(2) of the Representation of the People Act 1983.
S-1
Citation, commencement, extent and revocationsCitation, commencement, extent and revocations
1.—(1) These Rules may be cited as The Local Elections (Principal Areas) (England and Wales) Rules 2006.
(2) These Rules come into force on 2 January 2007 except for the purposes of an election if the last date for the publication of the notice of election for that election was, or will be, prior to 27 March 2007.
(3) These Rules shall not extend to Scotland or Northern Ireland.
(4) Subject to paragraph (2), the statutory instruments listed in column 1 of Schedule 1 to these Rules (which have the reference listed in column 2) are revoked to the extent indicated in column 3 of that Schedule.
Interpretation
2.—(1) In these Rules,
“1983 Act” means the Representation of the People Act 1983;
“Assembly constituency” shall have the same meaning as in section 2(4) and (5) of the Greater London Authority Act 1999;
“the Combination of Polls Regulations” means the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004;
“counting observer” shall have the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001;
“counting officer” shall have the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001;
“European Parliamentary election” shall have the same meaning as in section 27(1) of the Representation of the People Act 1985;
“GLRO” means the Greater London returning officer, being the person who is for the time being the proper officer of the Greater London Authority for the purposes of section 35(2C) of the 1983 Act or any person acting on his behalf;
“local counting area” shall have the same meaning as in regulation 2(1) of the European Parliamentary Elections Regulations 2004;
“mayoral election” means an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002;
“petition organiser” shall have the same meaning as in regulation 3 of the Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000;
“polling observer” shall have the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001;
“principal area” means, in England, a county, district or London borough and, in Wales, a county or county borough;
“referendum” means a referendum conducted under the Local Authorities (Conduct of Referendums) (England) Regulations 2001;
“voting area” shall have the same meaning as in regulation 2 of the Local Authorities (Conduct of Referendums) (England) Regulations 2001.
(2) In these Rules, “relevant election or referendum” means one or more of the following—
(a)
(a) a Parliamentary election;
(b)
(b) a European Parliamentary election;
(c)
(c) another local government election;
(d)
(d) a mayoral election; and
(e)
(e) a referendum,
the poll at which is taken together with the poll at the principal area election.
(3) In the case of a referendum, a reference to—
(a)
(a) a “candidate” shall be construed as a reference to a petition organiser;
(b)
(b) an “election agent” or a “counting agent” shall be construed as a reference to a counting
observer;
(a) a “polling agent” shall be construed as a reference to a polling observer; and
(b) a “returning officer” shall be construed as a reference to a counting officer.
Elections Rules
3. In the application of the parliamentary elections rules to the election of councillors of the council of a principal area where the poll at that election is not taken together with the poll at another election under section 36(3), (3AB) or (3AC) of the 1983 Actor section 15(1) or (2) of the Representation of the People Act 1985, adaptations, alterations and exceptions shall be made to those rules so that the election shall be conducted in accordance with the Rules set out in Schedule 2 to these Rules.
Combination of polls
4. Where the poll at an election of councillors to the council of a principal area is to be taken together with the poll at a relevant election or referendum, the Rules set out in Schedule 2 shall apply to the principal area election as shown modified in Schedule 3.
SCHEDULE 2
Rule 3
Rules for Conduct of an Election of Councillors of a Principal Area where Poll is not taken together with Poll at another Election
PART 1
Provisions as to Time
1. Timetable
The proceedings at the election shall be conducted in accordance with the following Table.
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 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 withdrawals 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. |
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2. 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.
2
Stages Common to Contested and Uncontested ElectionsPART 2
Stages Common to Contested and Uncontested Elections
3. 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 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 registration officer in order that they may be effective for the election.
4. Nomination of candidates
(1) Each candidate must be nominated by a separate nomination paper, in the form in the Appendix, delivered at the place fixed for the purpose by the returning officer, which shall be at the offices of the council of the district or London borough in which the electoral area wholly or mainly lies.
(2) The nomination paper must state the candidate’s—
(a)
(a) full names,
(b)
(b) home address in full, and
(c)
(c) if desired, description,
and the surname must be placed first in the list of names.
(3) If a candidate commonly uses—
(a)
(a) a surname which is different from any other surname he has, or
(b)
(b) a forename which is different from any other forename he has,
the nomination paper may state the commonly used surname or forename in addition to the other name.
(4) The description (if any) can only be—
(a)
(a) one authorised as mentioned in rule 5(1) or (3); or
(b)
(b) the word “Independent”.
5. Nomination papers: name of registered political party
(1) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with a registered political party unless the party is a qualifying party in relation to the electoral area and the description is authorised by a certificate—
(a)
(a) issued by or on behalf...
