Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024) (“the 2007 Regulations”). The amendments made by these Regulations apply only in relation to mayoral elections taking place in England. The amendments made by these Regulations will apply in relation to mayoral elections in respect of which the date of the poll stated in the notice of the election is on or after 2nd May 2019.
Rule 6 of the Mayoral Election Rules found in Schedule 1 to the 2007 Regulations (“the MERs”) requires candidates at a local authority mayoral election in England to be nominated by completing a nomination paper. That paper must include the candidate’s home address. That home address will then be published both in the statement of persons who have been nominated to stand at the election and also the ballot paper for the election.
Candidates are also required to supply a consent to nomination form (rule 9 of the MERs). Candidates must state on this form the address by virtue of which they are qualified to stand for election.
These Regulations amend the MERs in future for such elections, a candidate’s home address and qualifying address will be stated on a new form. This new form will be known as the “home address form” (see new rule 6(6) of the MERs (as inserted by regulation 4(2)(b)) and new Forms 1 and 2). The information to be included in the new form is set out in the MERs, as amended.
A candidate may state on the home address form that they do not want their home address to be made public. If a candidate does so, their home address form must instead state the area in which their address is situated (see new rule 6(7) and (10) of the MERs). In such cases, it is that area, not the candidate’s home address, that will appear in the statement of persons nominated and the ballot paper (see new rule 12(6A) and new Forms 3 and 4 of the MERs).
The home address form will also include the home address of the person who witnesses the candidate’s consent to nomination.
Specific provision is made about the inspection of the home address form (see new rule 13A of the MERs (as inserted by regulation 4(5)).
Corresponding amendments are made to the Mayoral Election (Combination of Polls) Rules found in Schedule 3 to the 2007 Regulations (see regulation 5).