The Local Elections (Principal Areas) (Amendment) (England and Wales) Rules 2004

JurisdictionUK Non-devolved
CitationSI 2004/223

2004 No. 223

REPRESENTATION OF THE PEOPLE, ENGLAND AND WALES

The Local Elections (Principal Areas) (Amendment) (England and Wales) Rules 2004

Made 4th February 2004

Laid before Parliament 5th February 2004

Coming into force 1st March 2004

The First Secretary of State, in exercise of the powers conferred upon him by section 36(2) of the Representation of the People Act 19831and after consulting the Electoral Commission pursuant to section 7(2)(e) of the Political Parties, Elections and Referendums Act 20002, hereby makes the following Rules:

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Rules may be cited as the Local Elections (Principal Areas) (Amendment) (England and Wales) Rules 2004.

(2) These Rules come into force on 1st March 2004.

(3) These Rules extend to England and Wales.

S-2 Amendment of principal areas rules

Amendment of principal areas rules

2.—(1) The Local Elections (Principal Areas) Rules 19863shall be amended as follows.

(2) Rule 4 shall become paragraph (1) of that rule and in that paragraph, insert in the appropriate place in alphabetical order—

“the Combination of Polls Regulations” means the Representation of the People (Combination of Polls) (England and Wales) Regulations 20044;

“counting observer” shall have the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 20015;

“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 19856;

“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 Representation of the People Act 1983 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 20047;

“mayoral election” means an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 20028;

“petition organiser” shall have the same meaning as in regulation 3 of the Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 20009;

“polling observer” shall have the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001;

“referendum” means a referendum conducted under the Local Authorities (Conduct of Referendums) (England) Regulations 2001;

“relevant election or referendum” means one or more of the following—

(i) a Parliamentary election10;

(ii) a European Parliamentary election;

(iii) another local government election;

(iv) a mayoral election; and

(v) a referendum,

the poll at which is taken together with the poll at the principal area election;

“voting area” shall have the same meaning as in regulation 2 of the Local Authorities (Conduct of Referendums) (England) Regulations 2001.

(3) After rule 4(1), insert—

S-2

2 In the case of a referendum, a reference to—

(a) a “candidate” shall be construed as a reference to a petition organiser;

(b) an “election agent” or a “counting agent” shall be construed as a reference to a counting observer;

(c) a “polling agent” shall be construed as a reference to a polling observer; and

(d) a “returning officer” shall be construed as a reference to a counting officer.

(4) For rule 6, substitute—

S-6

Combination of polls

6. 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 referendum11, the rules set out in Schedule 2 shall apply to the principal area election as shown modified in Schedule 3.

(5) Rule 7 and Schedule 4 are revoked.

(6) In Schedule 2, in the Appendix of forms—

(a)

(a) in the form for the front of the Candidate’s Consent to Nomination, in the declaration to be made by a prospective candidate, after the words “section 80 of the Local Government Act 1972,” omit the words “a copy of which is printed overleaf”, and substitute the words “or any decision made under section 79 of the Local Government Act 200012, copies of which sections are printed overleaf”;

(b)

(b) in the form for the back of the Candidate’s Consent to Nomination, after the words “sections 80 and 81 of the Local Government Act 1972”, add the words “and section 79 of the Local Government Act 2000”; and

(c)

(c) in paragraph 7 of the form for the back of the Declaration of Identity, delete the words “and the envelopes marked “A” and “B””.

(7) For Schedule 3, substitute the schedule set out in the Schedule to these Rules.

Nick Raynsford

Minister of State,

Office of the Deputy Prime Minister

4th February 2004

SCHEDULE

Rule 2(7)

REPLACEMENT FOR SCHEDULE 3 TO THE PRINCIPAL AREAS RULES

SCHEDULE 3

Rule 6

RULES FOR CONDUCT OF AN ELECTION OF COUNCILLORS OF A PRINCIPAL AREA WHERE THE POLL IS TAKEN TOGETHER WITH THE POLL AT A RELEVANT ELECTION OR REFERENDUM

PART I

PROVISIONS AS TO TIME

Timetable

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, except that where the poll at the principal area election is combined with the poll at a European Parliamentary election, nomination papers may be delivered until 4 in the afternoon.

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 8 in the morning and 9 at night on the day of election, except where the polling at any relevant election or referendum is to take place between the hours of 7 in the morning and 10 at night, in which case the polling at the principal area election shall also take place during those hours.

Computation of time

In computing any period of time for the purposes of the Timetable—

a Saturday or Sunday,

Christmas Eve, Christmas Day, Maundy Thursday, Good Friday or a bank holiday, or

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.

In this rule “bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 197113in England and Wales.

PART II

STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

NOTICE OF ELECTION

Notice of election

The returning officer shall publish notice of the election stating—

the place and times at which nomination papers are to be delivered, and

the date of the poll in the event of a contest,

and the notice shall state that forms of nomination papers may be obtained at that place and those times.

The notice of election shall 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 office in order that they may be effective for the election.

NOMINATION

Nomination of candidates

Each candidate shall 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.

The nomination paper shall state the candidate's—

full names,

home address in full, and

if desired, description,

and the surname shall be placed first in the list of names.

The description (if any) must consist of either—

a description (of not more than six words in length) which is authorised as mentioned in rule 4A(1) below; or

the words “Independent”.

Nomination papers: name of registered political party

A nomination paper may not include a description of a candidate which is likely to lead voters 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—

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.

A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (1) on behalf of a registered political party’s nominating officer.

For the purposes of the application of this rule in relation to an election—

“registered political party” means a party which was registered under Part II of the Political Parties, Elections and Referendums Act 2000 at the time by which the notice of election is required to be published by virtue of rule 1 above (“the relevant time”);

a registered political party is a qualifying party in relation to an electoral area if the electoral area is in England or Wales and the party was at the relevant time registered in respect of that part of Great Britain in the Great Britain register maintained under that Part of that Act.

Subscription of nomination paper

The nomination paper shall be subscribed by two electors as proposer and seconder, and by eight other electors as assenting to the nomination.

Where a nomination paper has the signatures of more than the required number of persons as proposing, seconding or assenting to the nomination of a candidate, the signature or signatures (up to the required...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT