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The Police and Crime Commissioner Elections Order 2012

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

Draft 2012, ISBN 9780111525302

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 154(2)(b) of the Police Reform and Social Responsibility Act 2011, for approval by resolution of each House of Parliament.

Police, England And Wales

Made ***

Coming into force in accordance with article 1(2)

This Order is made by the Secretary of State in exercise of the powers conferred by sections 58(1) and (5) and 154(5) of the Police Reform and Social Responsibility Act 2011f1.

The Secretary of State has consulted the Electoral Commission about this Order in accordance with section 7(2)(hc) of the Political Parties, Elections and Referendums Act 2000f2.

In accordance with section 154(2)(b) of the Police Reform and Social Responsibility Act 2011, a draft of this Order has been approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2011 c.13 (“the 2011 Act”).

f2

2000 c.41. Section 7(2)(hc) was inserted by paragraph 11 of Schedule 10 to the 2011 Act.

Contents

  1. Part 1: General
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Meaning of “candidate”
  5. Part 2: Exercise of franchise for PCC elections
  6. Registration
  7. 4Effect of register of electors
  8. 5Effect of misdescription
  9. 6Discharge of registration duties
  10. 7Payment of expenses of registration
  11. 8Effect of registration appeals
  12. Conduct of elections
  13. 9Supply of register of electors
  14. 10Polling districts and places at PCC elections
  15. 11Manner of voting at PCC elections
  16. 12Conduct of PCC elections
  17. 13Combination of polls
  18. 14Further provision about persons involved in conduct of PCC elections
  19. 15Validity of PCC election
  20. 16Loan of equipment for PCC elections
  21. Offences
  22. 17Personation
  23. 18Other voting offences
  24. 19Breach of official duty
  25. 20Tampering with nomination papers, ballot papers etc
  26. 21False statements in nomination papers etc
  27. 22Requirement of secrecy
  28. 23Prohibition on publication of exit polls
  29. Part 3: The election campaign
  30. Registration, funding and expenditure of political parties and others
  31. 24Amendment of Political Parties, Elections and Referendums Act 2000
  32. 25Amendment of section 62 of the Electoral Administration Act 2006
  33. The election agent
  34. 26Appointment of election agent
  35. 27Nomination of sub-agent
  36. 28Office of election agent and sub-agent
  37. 29Effect of default of election agent’s appointment
  38. Donations to candidates
  39. 30Control of donations to candidates
  40. Candidate election expenses
  41. 31Payment of candidate election expenses through election agent
  42. 32Candidate election expenses which may be paid otherwise than by election agent
  43. 33Candidate election expenses incurred otherwise than for election purposes
  44. 34Prohibition of candidate election expenses not authorised by election agent
  45. 35Limitation of candidate election expenses
  46. 36Power to vary provisions about candidate election expenses
  47. 37Time for sending in and paying claims
  48. 38Disputed claims
  49. 39Election agent’s claim
  50. 40Return as to candidate election expenses
  51. 41Declarations as to candidate election expenses
  52. 42Circumstances in which no return or declaration required
  53. 43Penalty for failure as respects return or declarations
  54. 44Disqualification where no return and declarations transmitted after PCC election
  55. 45Authorised excuses for failures as to return and declarations
  56. 46Court’s power to require information from election agent or sub-agent
  57. 47Police area returning officer to forward returns and declarations to the Commission
  58. 48Publication of time and place for inspection of returns and declarations
  59. 49Inspection of returns and declarations
  60. 50Meaning of “election expenses”
  61. 51Property, goods, services etc provided free of charge or at a discount
  62. Publicity
  63. 52Publication of election addresses of candidates
  64. 53Broadcasting from outside United Kingdom
  65. 54Broadcasting of local items during election
  66. 55Imitation poll cards
  67. Election meetings
  68. 56Schools and rooms for PCC election meetings
  69. 57Making arrangements for the purposes of article 56
  70. 58Disturbances at election meetings
  71. Agency by election officials and canvassing by police officers
  72. 59Officials not to act for candidates
  73. 60Illegal canvassing by police officers
  74. Other illegal practices, payments or employments
  75. 61False statements as to candidates
  76. 62Corrupt withdrawal from candidature
  77. 63Payments for exhibition of election notices
  78. 64Details to appear on election publications
  79. 65Prohibition of paid canvassers
  80. 66Providing money for illegal purposes
  81. Bribery, treating and undue influence
  82. 67Bribery
  83. 68Treating
  84. 69Undue influence
  85. Supplemental
  86. 70Rights of creditors
  87. 71Savings as to PCC elections
  88. 72Interpretation of Part 3
  89. 73Computation of time for purposes of Part 3
  90. Part 4: Legal Proceedings
  91. 74Application to PCC elections of existing provisions about legal proceedings
  92. 75Persons reported personally guilty of corrupt and illegal practices
  93. 76Avoidance of election for employing corrupt agent
  94. 77Incapacities on conviction of corrupt or illegal practice
  95. 78Incapacity to hold public or judicial office: Scotland
  96. Part 5: Miscellaneous and supplemental
  97. 79Duty to notify appropriate officer of failure of PCC election
  98. 80Consequences where PCC election fails or is declared void
  99. 81Validity of acts where PCC election declared void
  100. 82Access to marked registers and other documents open to public inspection after an election
  101. 83Advertisements
  102. 84Forms
  103. 85Translations etc of certain documents
  104. 86Public notices and declarations
  105. 87Sending of applications and notices; electronic signatures and related certificates
  106. 88Publication of documents
  107. 89Interference with notices
  108. Signature
  109. Schedule 1: Supply of register
  110. 1Supply of free copy of register for electoral purposes and restrictions on use
  111. 2Supply on request and specific restrictions
  112. 3Supply of register etc to police and crime commissioner and restrictions on use
  113. 4Supply of register etc to candidates and restrictions on use
  114. 5Supply of register etc to certain candidates and restrictions on use
  115. Schedule 2Absent voting in PCC elections
  116. Part 1: Manner of voting at PCC election and entitlement to absent vote
  117. 1Manner of voting at PCC elections
  118. 2Entitlement to absent vote at PCC elections
  119. 3Application to vote by post or proxy at a particular PCC election
  120. 4Absent voter lists
  121. 5Proxies at PCC elections: appointment
  122. 6Proxies at PCC elections: entitlement to vote
  123. 7Voting as proxy
  124. 8Use of personal identifier information
  125. 9Offences as to declarations or forms used for purposes of postal and proxy vote applications
  126. 10Other offences as to postal and proxy vote applications
  127. Part 2: Applications for absent vote
  128. 11General requirements for applications for absent vote
  129. Additional requirements for certain applications
  130. 12Additional requirements: applications where address for ballot papers differs from address in application
  131. 13Additional requirements: applications for ballot papers to be sent to different address from address in record
  132. 14Additional requirements: applications for the appointment of a proxy in respect of a particular PCC election
  133. 15Additional requirements referred to in paragraph 14 (4)
  134. Determination of applications
  135. 16Closing date for applications
  136. 17Grant or refusal of applications
  137. Changes affecting proxy votes
  138. 18Cancellation of proxy appointment
  139. Evidence of entitlement to absent vote
  140. 19Marked register for polling stations
  141. 20Absent voting lists: supply of copies etc
  142. 21Absent voting lists: inspection
  143. 22Supply and inspection of absent voting lists: general provisions
  144. 23Restrictions on supply and disclosure of absent voter records or lists
  145. 24Restriction on use of absent voter records or lists or the information contained in them
  146. 25Supply and inspection of absent voting lists: offences
  147. 26The personal identifiers record
  148. 27Applications requiring applicants’ signature
  149. Part 3: Issue and receipt of ballot papers
  150. 28Interpretation
  151. Issue of postal ballot papers etc
  152. 29Combination of polls
  153. 30Form of postal voting statement: poll taken alone or combined with mayoral election only
  154. 31Persons entitled to be present at proceedings on issue of postal ballot papers
  155. 32Persons entitled to be present at proceedings on receipt of postal ballot papers
  156. 33Agents of candidates who may attend proceedings on receipt of postal ballot papers
  157. 34Notification of requirement of secrecy
  158. 35Time when postal ballot papers are to be issued
  159. 36Procedure on issue of postal ballot paper
  160. 37Refusal to issue postal ballot paper
  161. 38Envelopes
  162. 39Sealing up of completed corresponding number lists and security of special lists
  163. 40Delivery of postal ballot papers
  164. 41Spoilt postal ballot papers
  165. 42Lost postal ballot papers
  166. Receipt of postal ballot papers etc
  167. 43Alternative means of returning postal ballot paper or postal voting statement
  168. 44Notice of opening of postal ballot paper envelopes
  169. 45Postal ballot boxes and receptacles
  170. 46Receipt of covering envelope
  171. 47Opening of postal voters’ ballot box
  172. 48Opening of covering envelopes
  173. 49Confirming receipt of postal voting statements
  174. 50Procedure in relation to postal voting statements
  175. 51Procedure in relation to postal voting statements: personal identifier verification
  176. 52Postal voting statements: additional personal identifier verification
  177. 53Opening of ballot paper envelopes
  178. 54Retrieval of cancelled postal ballot papers
  179. 55Lists of rejected postal ballot papers
  180. 56Checking of lists of rejected ballot papers
  181. 57Sealing of packets
  182. 58Abandoned poll
  183. 59Forwarding of documents
  184. Part 4: Forms referred to in Parts 1 to 3 of this Schedule
  185. 60Forms
  186. Schedule 3Rules for the conduct of PCC elections where poll not taken together with poll at another election
  187. Part 1: Rules for all PCC elections
  188. Chapter: GENERAL PROVISIONS
  189. 1Timetable
  190. 2Modification of timetable for the ordinary election in 2012
  191. 3Computation of time
  192. Part 2: Stages common to contested and uncontested elections
  193. Chapter: NOTICE OF ELECTION
  194. 4Notice of PCC election
  195. Chapter: NOMINATION OF CANDIDATES
  196. 5Nomination of candidates
  197. 6Nomination papers: name of registered political party
  198. 7Subscription of nomination paper
  199. 8Consent to nomination
  200. 9Deposit
  201. 10Place for delivery of nomination papers and right to attend nomination
  202. 11Decisions as to validity of nomination papers
  203. 12Correction of minor errors
  204. 13Publication of statement of persons nominated
  205. 14Local publication of statement under rule 13
  206. 15Withdrawal of candidates
  207. 16Nomination in more than one police area
  208. Chapter: METHOD OF ELECTION
  209. 17Method of election: contested and uncontested election
  210. Part 3: Contested PCC elections
  211. Chapter: GENERAL PROVISIONS
  212. 18Poll to be taken by ballot
  213. 19The ballot papers
  214. 20Corresponding number list
  215. 21The official mark
  216. 22Prohibition of disclosure of vote
  217. 23Use of schools and public rooms
  218. Chapter: ACTION TO BE TAKEN BEFORE THE POLL
  219. 24Notice of poll
  220. 25Postal ballot papers
  221. 26Provision of polling stations
  222. 27Appointment of presiding officers and polling clerks
  223. 28Issue of official poll cards
  224. 29Equipment of polling stations
  225. 30Notices for the guidance of voters
  226. 31Appointment of polling and counting agents
  227. 32Notification of requirement of secrecy
  228. 33Return of postal ballot papers
  229. Chapter: THE POLL
  230. 34Admission to polling stations
  231. 35Keeping of order in polling station
  232. 36Sealing of ballot boxes
  233. 37Questions to be put to voters
  234. 38Challenge of voter
  235. 39Voting procedure
  236. 40Votes marked by the presiding officer
  237. 41Voting by persons with disabilities
  238. 42Tendered ballot papers: circumstances where available
  239. 43Tendered ballot papers: general provisions
  240. 44Spoilt ballot papers
  241. 45Correction of errors on the day of the poll
  242. 46Adjournment of poll in case of riot
  243. 47Procedure on close of poll
  244. Chapter: COUNTING OF VOTES
  245. Verification of ballot paper accounts
  246. 48Attendance at verification
  247. 49Procedure at verification of ballot paper accounts
  248. 50Additional steps: verification and count carried out at different places
  249. The first count
  250. 51Attendance at the first count
  251. 52The first count
  252. 53Rejected ballot papers
  253. 54Re-count
  254. 55Direction to conduct a re-count
  255. 56Decisions on ballot papers
  256. 57Procedure at conclusion of the first count
  257. The central calculation
  258. 58Attendance at the central calculation
  259. 59The first calculation and resolution of equality
  260. Part 4: Further provision: three or more candidates
  261. 60Counting of second preference votes
  262. 61The second calculation and resolution of equality
  263. Part 5: Final proceedings in contested and uncontested elections
  264. 62Declaration of result
  265. 63Return or forfeiture of candidate’s deposit
  266. 64Destruction of home address forms
  267. Part 6: Disposal of documents
  268. 65Sealing up of ballot papers
  269. 66Delivery of documents
  270. 67Orders for production of documents
  271. 68Retention of documents by relevant registration officer
  272. Part 7: Death of candidate
  273. 69Countermand or abandonment of poll on death of a candidate
  274. Part 8: Forms referred to in Parts 1 to 7 of this Schedule
  275. 70Forms
  276. Schedule 4: Combination of polls
  277. Part 1: Application to PCC elections of existing provisions in Acts
  278. Representation of the People Act 1985
  279. 1Paragraph 1
  280. Part 2: Amendment of existing provisions in secondary legislation
  281. The European Parliamentary Elections Regulations 2004
  282. 2Paragraph 2
  283. The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004
  284. 3Paragraph 3
  285. 4Paragraph 4
  286. 5Paragraph 5
  287. 6Paragraph 6
  288. 7Paragraph 7
  289. 8Paragraph 8
  290. 9Paragraph 9
  291. The Local Elections (Principal Areas) (England and Wales) Rules 2006
  292. 10Paragraph 10
  293. The Local Elections (Parishes and Communities) (England and Wales) Rules 2006
  294. 11Paragraph 11
  295. The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007
  296. 12Paragraph 12
  297. Part 3: Modifications to PCC elections rules
  298. 13Paragraph 13
  299. Chapter: GENERAL PROVISIONS
  300. 14Computation of time
  301. Chapter: CONTESTED PCC ELECTIONS: GENERAL PROVISIONS
  302. 15The ballot papers
  303. 16Corresponding number lists: proceedings on issue and receipt of ballot papers combined
  304. 17Corresponding number lists: proceedings on issue and receipt of ballot papers not combined
  305. 18Use of schools and public rooms
  306. Chapter: ACTION TO BE TAKEN BEFOR0E THE POLL
  307. 19Notice of poll
  308. 20Postal ballot papers
  309. 21Provision of polling stations
  310. 22Appointment of presiding officers and polling clerks
  311. 23Issue of official poll cards
  312. 24Equipment of polling stations
  313. 25Notices for the guidance of voters
  314. 26Appointment of polling and counting agents
  315. 27Notification of requirement of secrecy
  316. 28Return of postal ballot papers
  317. Chapter: CONTESTED PCC ELECTIONS: THE POLL
  318. 29Admission to polling station
  319. 30Keeping of order in polling station
  320. 31Voting procedure
  321. 32Votes marked by the presiding officer
  322. 33Voting by persons with disabilities
  323. 34Tendered ballot papers: general provisions
  324. 35Correction of errors on the day of the poll
  325. 36Adjournment of poll in case of riot
  326. 37Procedure on close of the poll
  327. Chapter: COUNTING OF VOTES
  328. 38Attendance at verification
  329. 39Procedure at verification of ballot paper accounts
  330. 40Additional steps: verification and count carried out at different places
  331. 41Attendance at the first count
  332. 42The first count
  333. 43Sealing up of ballot papers
  334. 44Delivery of documents
  335. Part 4: Forms referred to in Part 3 of this Schedule
  336. 45Forms
  337. Schedule 5: Control of donations to candidates
  338. Part 1: Introductory
  339. Operation and interpretation of Schedule
  340. 1Paragraph 1
  341. Donations: general rules
  342. 2Paragraph 2
  343. Sponsorship
  344. 3Paragraph 3
  345. Payments etc not to be regarded as donations
  346. 4Paragraph 4
  347. Value of donations
  348. 5Paragraph 5
  349. Part 2: Controls on donations
  350. Prohibition on accepting donations from impermissible donors
  351. 6Paragraph 6
  352. Acceptance or return of donations
  353. 7Paragraph 7
  354. Transfer of donations received by candidate to election agent
  355. 8Paragraph 8
  356. Evasion of restrictions on donations
  357. 9Paragraph 9
  358. Part 3: Reporting of Donations
  359. Statement of relevant donations
  360. 10Paragraph 10
  361. Donations from permissible donors
  362. 11Paragraph 11
  363. Donations from impermissible donors
  364. 12Paragraph 12
  365. Schedule 6: Return and declarations as to candidate election expenses
  366. 1Paragraph 1
  367. Schedule 7: Candidate election expenses
  368. Part 1: List of Matters
  369. 1Paragraph 1
  370. 2Paragraph 2
  371. 3Paragraph 3
  372. 4Paragraph 4
  373. 5Paragraph 5
  374. 6Paragraph 6
  375. Part 2: General Exclusions
  376. 7Paragraph 7
  377. 8Paragraph 8
  378. 9Paragraph 9
  379. 10Paragraph 10
  380. 11Paragraph 11
  381. 12Paragraph 12
  382. 13Paragraph 13
  383. 14Paragraph 14
  384. Part 3: Supplemental
  385. 15Paragraph 15
  386. Power to amend Parts 1 and 2
  387. 16Paragraph 16
  388. Schedule 8: Election addresses of candidates
  389. Part 1: Requirements as to election addresses and website
  390. 1Interpretation
  391. 2Deadline for submission of election addresses to police area returning officer
  392. 3Content of election address to be determined by candidate
  393. 4Preparation and submission of election address
  394. 5Content of election address
  395. 6Formatting and length of election address
  396. 7Duty of police area returning officer in relation to election address
  397. 8Deadline for submission of election addresses to Secretary of State
  398. 9Candidate’s right to comment in advance on the election address in template form
  399. 10Election addresses included in the website
  400. 11Liability for election addresses
  401. 12The website
  402. 13Request for printed version of election addresses
  403. 2Form in which election address to be submitted
  404. Schedule 9: Application to PCC elections of existing provisions about legal proceedings
  405. Part 1: Representation of the People Act 1983
  406. 1Paragraph 1
  407. Part 2: Election Petition Rules 1960
  408. 2Paragraph 2
  409. Schedule 10: Access to marked registers and other documents open to public inspection after an election
  410. 1Interpretation of this Schedule
  411. 2Supply of marked registers and lists after an election
  412. 3Inspection of documents open to public inspection
  413. 4Restrictions on use, supply and disclosure of documents by registration officer and staff
  414. 5Other restrictions on use of documents or information contained in them
  415. 6Calculating the fee for supply of marked registers or lists
  416. 7Failure to comply with conditions relating to supply etc of certain documents
  417. Explanatory note