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The Combined Authorities (Mayoral Elections) Order 2017

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2017, ISBN 9780111151815

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 117(2) of the Local Democracy, Economic Development and Construction Act 2009, for approval by resolution of each House of Parliament.

Local Government, England

Made ***

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the powers conferred by sections 114 and 117(1A) and (5) of, and paragraph 12 of Schedule 5B to, the Local Democracy, Economic Development and Construction Act 2009f1.

The Secretary of State has consulted the Electoral Commission about this Order in accordance with paragraph 12(4) of Schedule 5B to that Act.

The provisions of this Order 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.

In accordance with section 117(2) of the Local Democracy, Economic Development and Construction Act 2009, a draft of this Order has been laid before and approved by resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2009 c. 20. Section 117 was amended, and Schedule 5B inserted, by the Cities and Local Government Devolution Act 2016 (c. 1).

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Conduct of combined authority mayoral elections
  4. 4Combination of polls
  5. 5Returning officer
  6. 6Combined authority returning officer
  7. 7Questioning of combined authority mayoral election
  8. 8Free delivery of election addresses
  9. Signature
  10. Schedule 1The Combined Authority Mayoral Elections Rules
  11. Part 1: General provisions
  12. 1Citation
  13. 2Interpretation
  14. Part 2: Provisions as to time
  15. 3Timetable
  16. 4Computation of time
  17. Part 3: Stages common to contested and uncontested elections
  18. 5Notice of Election and provision of information to calculate election expense limits
  19. 6Nomination of candidates
  20. 7Nomination papers: name of registered political party
  21. 8Subscription of nomination paper
  22. 9Consent to nomination
  23. 10Deposits
  24. 11Place for delivery of nomination papers and right to attend nomination
  25. 12Decisions as to validity of nomination papers
  26. 13Publication of statement of persons nominated
  27. 14Correction of minor errors
  28. 15Withdrawal of candidature
  29. 16Method of election
  30. Part 4: Contested elections
  31. 17Poll to be taken by ballot
  32. 18The ballot papers
  33. 19The corresponding number list
  34. 20The official mark
  35. 21Prohibition of disclosure of vote
  36. 22Use of schools and public rooms
  37. 23Notice of poll
  38. 24Postal ballot papers
  39. 25Provision of polling stations
  40. 26Appointment of presiding officers and polling clerks
  41. 27Issue of official poll cards
  42. 28Equipment of polling stations
  43. 29Appointment of polling and counting agents
  44. 30Notification of requirement of secrecy
  45. 31Return of postal ballot papers
  46. 32Admission to polling station
  47. 33Keeping of order in station
  48. 34Sealing of ballot boxes
  49. 35Questions to be put to voters
  50. 36Challenge of voter
  51. 37Voting procedure
  52. 38Votes marked by presiding officer
  53. 39Voting by persons with disabilities
  54. 40Tendered ballot papers—circumstances where available
  55. 41Tendered ballot papers—general provisions
  56. 42Spoilt ballot papers
  57. 43Correction of errors on day of poll
  58. 44Adjournment of poll in case of riot
  59. 45Procedure on close of poll
  60. 46Attendance at verification
  61. 47Procedure at verification of ballot paper accounts
  62. 48Additional steps: verification and count carried out at different places
  63. 49Attendance at the count
  64. 50The first count
  65. 51Rejected ballot papers
  66. 52Decisions on ballot papers
  67. 53Re-count
  68. 54Procedure at conclusion of first count
  69. Part 5: Further provision: three or more candidates
  70. 55The count of second preference votes
  71. 56The calculation of total votes
  72. Part 6: Final proceedings in contested and uncontested elections
  73. 57Combined authority returning officer’s re-count
  74. 58Combined authority returning officer’s direction to count second preference votes
  75. 59Returning officer’s final statement, central calculation and declaration of result
  76. 60Return or forfeiture of candidate’s deposit
  77. Part 7: Disposal of documents
  78. 61Sealing up of ballot papers
  79. 62Delivery and retention of documents
  80. 63Orders for production of documents
  81. 64Retention of documents
  82. Part 8: Death of candidate
  83. 65Countermand or abandonment of poll on death of a candidate
  84. 9Appendix of forms
  85. Forms
  86. Form 1 – Form of nomination paperChapter Form 1 – Form of nomination paper
  87. Form 2 – Candidate’s consent to nominationChapter Form 2 – Candidate’s consent to nomination
  88. Form 3 – Ballot paper (two candidates)Front of ballot paper – addresses shown
  89. Front of ballot paper – address withheld
  90. Form 4 – Ballot paper (three or more candidates)Front of ballot paper – all addresses shown
  91. Front of ballot paper – address withheld
  92. Form 5 – Corresponding number list L1Chapter Form 5 – Corresponding number list L1
  93. Form 6 – Corresponding number list L2Chapter Form 6 – Corresponding number list L2
  94. Form 7 – Postal voting statementFront of statement
  95. Back of statement
  96. Form 8 – Elector’s official poll cardFront of card
  97. Back of card
  98. Form 9 – Official postal poll cardChapter Form 9 – Official postal poll card
  99. Form 10 – Official proxy poll cardChapter Form 10 – Official proxy poll card
  100. Form 11 – Official proxy postal poll cardChapter Form 11 – Official proxy postal poll card
  101. Form 12 – Directions for the guidance of votersChapter Form 12 – Directions for the guidance of voters
  102. Form 13 – Certificate of employmentChapter Form 13 – Certificate of employment
  103. Form 14 – Declaration of the companion of a voter Chapter Form 14 – Declaration of the companion of a voter
  104. Schedule 2: Modifications of Acts and statutory instrument
  105. 1The Representation of the People Act 1983
  106. 2The Representation of the People Act 1985
  107. 3The Representation of the People Act 2000
  108. 4The Political Parties, Elections and Referendums Act 2000
  109. 5The Representation of the People (England and Wales) Regulations 2001
  110. 6The Electoral Administration Act 2006
  111. Schedule 3Combined Authority Mayoral Election (Combination of Polls) Rules
  112. Part 1: General provisions
  113. 1Citation
  114. 2Interpretation
  115. Part 2: Provisions as to time
  116. 3Timetable
  117. 4Computation of time
  118. Part 3: Stages common to contested and uncontested elections
  119. 5Notice of Election and provision of information to calculate election expense limits
  120. 6Nomination of candidates
  121. 7Nomination papers: name of registered political party
  122. 8Subscription of nomination paper
  123. 9Consent to nomination
  124. 10Deposits
  125. 11Place for delivery of nomination papers and right to attend nomination
  126. 12Decisions as to validity of nomination papers
  127. 13Publication of statement of persons nominated
  128. 14Correction of minor errors
  129. 15Withdrawal of candidature
  130. 16Method of election
  131. Part 4: Contested elections
  132. 17Poll to be taken by ballot
  133. 18The ballot papers
  134. 19The corresponding number list
  135. 20The official mark
  136. 21Prohibition of disclosure of vote
  137. 22Use of schools and public rooms
  138. 23Notice of poll
  139. 24Postal ballot papers
  140. 25Provision of polling stations
  141. 26Appointment of presiding officers and polling clerks
  142. 27Issue of official poll cards
  143. 28Equipment of polling stations
  144. 29Appointment of polling and counting agents
  145. 30Notification of requirement of secrecy
  146. 31Return of postal ballot papers
  147. 32Admission to polling station
  148. 33Keeping of order in station
  149. 34Sealing of ballot boxes
  150. 35Questions to be put to voters
  151. 36Challenge of voter
  152. 37Voting procedure
  153. 38Votes marked by presiding officer
  154. 39Voting by persons with disabilities
  155. 40Tendered ballot papers—circumstances where available
  156. 41Tendered ballot papers—general provisions
  157. 42Spoilt ballot papers
  158. 43Correction of errors on day of poll
  159. 44Adjournment of poll in case of riot
  160. 45Procedure on close of poll
  161. 46Attendance at verification
  162. 47Procedure at verification of ballot paper accounts
  163. 48Additional steps: verification and count carried out at different places
  164. 49Attendance at the count
  165. 50The first count
  166. 51Rejected ballot papers
  167. 52Decisions on ballot papers
  168. 53Re-count
  169. 54Procedure at conclusion of first count
  170. Part 5: Further provision: more than two candidates
  171. 55The count of second preference votes
  172. 56The calculation of total votes
  173. Part 6: Final proceedings in contested and uncontested elections
  174. 57Combined authority returning officer’s re-count
  175. 58Combined authority returning officer’s direction to count second preference votes
  176. 59Returning officer’s final statement, central calculation and declaration of result
  177. 60Return or forfeiture of candidate’s deposit
  178. Part 7: Disposal of documents
  179. 61Sealing up of ballot papers
  180. 62Delivery and retention of documents
  181. 63Orders for production of documents
  182. 64Retention of documents
  183. Part 8: Death of candidate
  184. 65Countermand or abandonment of poll on death of a candidate
  185. 9Appendix of Forms
  186. Form 1: Nomination paper
  187. Form 2: Candidate’s consent to nomination
  188. Form 3: Ballot paper (two candidates)Front of ballot paper – all addresses shown
  189. Front of ballot paper – address withheld
  190. Form 4: Ballot paper (three or more candidates)Front of ballot paper – all addresses shown
  191. Front of ballot paper – address withheld
  192. Form 5: Corresponding Number List L1
  193. Form 6: Corresponding Number List L2
  194. Form 7(1): Postal Voting Statement
  195. Form 7(2): Postal Voting Statement
  196. Form 8: Elector’s official poll card
  197. Form 9: Official postal poll card
  198. Form 10: Official proxy poll card
  199. Form 11: Official proxy postal poll card
  200. Form 12: Directions for guidance of voters
  201. Form 13: Certificate of employment
  202. Form 14: Declaration to be made by the companion of a voter with disabilities.
  203. Schedule 4: Combination of polls – amendment of secondary legislation
  204. 1European Parliamentary Elections Regulations 2004
  205. 2The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004
  206. 3The Local Elections (Principal Areas) (England and Wales) Rules 2006
  207. 4The Local Elections (Parishes and Communities) (England and Wales) Rules 2006
  208. 5The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007
  209. 6The Local Authorities (Conduct of Referendums) (England) Regulations 2012
  210. 7The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012
  211. 8The Police and Crime Commissioner Elections Order 2012
  212. Schedule 5: Free delivery of election addresses
  213. 1Paragraph 1
  214. 2Paragraph 2
  215. 3Paragraph 3
  216. 4Paragraph 4
  217. 5Paragraph 5
  218. 6Paragraph 6
  219. 7Paragraph 7
  220. 8Paragraph 8
  221. 9Paragraph 9
  222. Explanatory note