{
  "url": "https://openlegislation.uk/draft-police-and-crime-commissioner-elections-order-2012/schedule-9/paragraph-1",
  "json_url": "https://openlegislation.uk/draft-police-and-crime-commissioner-elections-order-2012/schedule-9/paragraph-1.json",
  "legislation": "ukdsi/2012/9780111525302",
  "legislation_title": "The Police and Crime Commissioner Elections Order 2012",
  "legislation_url": "https://openlegislation.uk/draft-police-and-crime-commissioner-elections-order-2012",
  "path": "schedule/9/paragraph/1",
  "kind": "paragraph",
  "number": "1",
  "heading": null,
  "text": "(1) The provisions of Part 3 of the 1983 Act listed in the first column of the table apply for the purposes of PCC elections.\n(2) In their application by virtue of this paragraph, those provisions have effect—\n(a) with the modifications (if any) shown in the second column of the table, and\n(b) with any other necessary modifications, including in particular those set out in sub-paragraph (3).\n(3) Except where the context otherwise requires—\n(a) a reference to a provision that is applied by this Schedule has effect as a reference to that provision as so applied;\n(b) expressions are to be construed in accordance with the definitions listed in article 2 of this Order.\n(4) The provisions of the 1983 Act that apply for the purpose of PCC elections by virtue of this paragraph are in addition to the provisions of that Act that would apply for those purposes in any event.\n(5) Articles 75 to 78 contain further provision as to the application of provisions in Part 3 of the 1983 Act.\nProvision\nModification\nSection 127 (method of questioning local election)\nIn the title, for “local election” substitute “police and crime commissioner election”.\nFor “An election under the local government Act” substitute “An election under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011”.\nSection 128 (presentation of petition questioning local election)\nIn the title, for “local election” substitute “police and crime commissioner election”.\nIn subsection (1), for “an election under the local government Act” substitute “an election under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011”.\nIn subsection (2), for “any returning officer” substitute “any police area returning officer or local returning officer”.\nIn subsection (3), omit paragraph (b).\nFor subsection (4) substitute—\n“(4) In England and Wales the prescribed officer shall send a copy of the petition to the appropriate officer for the police area for which the election was held, who shall publish it in the police area.”\nSection 129(1) to (8) (time for presentation or amendment of petition questioning local election)\nIn the title, for “local election” substitute “police and crime commissioner election”.\nIn subsection (1), for “an election under the local government Act” substitute “an election under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011”.\nIn subsection (5)(a), for “the appropriate officer” substitute “the police area returning officer”.\nAfter subsection (5), insert—\n“(5A) For the purposes of subsection (5)—\n“the date of the allowance of an authorised excuse” has the meaning assigned to it by article 45(9) of the Police and Crime Commissioner Elections Order 2012;\n“declaration as to election expenses” means a declaration made under article 41 of the Police and Crime Commissioner Elections Order 2012;\n“return as to election expenses” means a return made under article 40 of the Police and Crime Commissioner Elections Order 2012”.\nIn subsection (6), omit the second paragraph.\nIn subsection (7), for paragraph (b) substitute—\n“(b) to a corrupt practice under article 34 of the Police and Crime Commissioner Elections Order 2012 as if it were an illegal practice.”\nSection 130 (election court for local election in England and Wales, and place of trial)\nIn the title, for “local election in England and Wales” substitute “police and crime commissioner election”.\nIn subsection (1), for “an election in England and Wales under the local government Act” substitute “an election under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011”.\nIn subsection (2) for “any local government area in which he resides” substitute “any police area in which he resides”\nIn subsection (3)(a), for “elections in England and Wales under the local government Act” substitute “elections under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011”.\nIn subsection (6), for “the area of the authority for which the election was held” substitute “the police area for which the election was held”.\nIn subsection (7), for “the local government area” substitute “the police area”.\nSection 131 (accommodation of and attendance on court)\nIn subsection (1)—\n(a) for “The proper officer of the authority for which the election was held” substitute “The appropriate officer for the police area in which the election was held”;\n(b) for “shall be paid by that authority” substitute “shall be paid by the Secretary of State out of money provided by Parliament”.\nSection 132 (remuneration and allowances)\nIn subsection (2), for the words from “in the first instance” to the end substitute “by the Secretary of State out of money provided by Parliament”.\nSection 133 (repayments under sections 131 and 132)\nIn subsection (1)—\n(a) for “the proper officer of the authority” (in both places) substitute “the appropriate officer”;\n(b) for “or to the Treasury” substitute “or to the Secretary of State”.\nSection 136 (security for costs)\nFor subsection (2) substitute—\n“(2) The security shall be such amount not exceeding £5,000 as the High Court, or a judge of the High Court, directs on an application made by the petitioner and shall be given in the prescribed manner by recognisance entered by any number of sureties not exceeding four or by a deposit of money, or partly in one way and partly in the other.”\nSection 137 (petition at issue)\nSection 138(1) to (4) (list of petitions)\nIn subsection (1), omit the words from “and the petitions” to the end.\nIn subsection (3), omit “In the case of a petition questioning an election under the local government Act”.\nIn subsection (4) omit “or to elections under the local government Act held at the same time for more than one electoral area in the same local government area”.\nSection 139(1) to (6) (trial of petition)\nIn subsection (1), for the words from “not less than” to the end substitute “not less than seven days before the day of trial”.\nFor subsection (3) substitute—\n“(3) The trial of an election petition shall be proceeded with notwithstanding that the respondent has ceased to hold the office of police and crime commissioner to which his election is questioned by the petition.”\nFor subsection (4) substitute—\n“(4) On the trial of a petition, unless the court otherwise directs, any charge of a corrupt practice or illegal practice may be gone into, and evidence in relation to it received, before any proof has been given of agency on behalf of any candidate in respect of the corrupt or illegal practice.”\nFor subsection (6) substitute—\n“(6) If it appears that there is an equality of votes between any candidates at an election conducted under the PCC elections rules, and that the addition of a vote would entitle any of those candidates to be declared elected then—\n(a) any decision under the provisions as to equality of votes in the PCC elections rules shall, in so far as it determines the question between those candidates, be effective also for the purposes of the petition, and\n(b) in so far as that question is not determined by such a decision, the court shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote.”\nSection 140(1) to (6) (witnesses)\nIn subsection (1), omit the words from “but this subsection” to the end.\nSection 141 (duty to answer relevant questions)\nIn subsection (1), omit paragraph (a)(ii).\nIn subsection (2), omit paragraph (b).\nSection 143 (expenses of witnesses)\nIn subsection (2), omit the second paragraph.\nSection 145(1) and (2) to (6) (conclusion of trial of local election petition)\nIn the title, for “local election petition” substitute “police and crime commissioner election petition”.\nIn subsection (1), for “an election under the local government Act” substitute “an election under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011”.\nIn subsection (3), for “in the area of the authority for which the election was held or in any electoral area of that authority’s area” substitute “in the police area in which the election was held.”\nIn subsection (6), for “the proper officer of the authority for which the election was held” substitute “the appropriate officer for the police area in which the election was held”.\nSection 146(1), (3) and (4) (special case for determination of High Court)\nIn subsection (3)—\n(a) omit the words from the beginning to “local government Act”;\n(b) for “the proper officer of the authority for which the election was held” substitute “the appropriate officer for the police area for which the election was held”.\nIn subsection (4), omit the second paragraph.\nSection 147 (withdrawal of petition)\nIn subsection (1), omit the second paragraph.\nIn subsection (2), for “the constituency or local government area” substitute “the police area”.\nSection 154(1) and (2) (costs of petition)\nSection 155 (neglect or refusal to pay)\nFor subsection (1) substitute—\n“(1) Subsection (2) below applies if a petitioner neglects or refuses for three months after demand to pay to any person summoned as a witness on his behalf or to the respondent any sum certified to be due to that person or the respondent for his costs, and the neglect or refusal is, within one year after the demand, proved to the satisfaction of the High Court.”\nFor subsection (2) substitute—\n“(2) Where subsection (1) applies, every person who under this Act entered into a recognisance relating to that petition shall be held in default of the recognisance, and—\n(a) the prescribed officer shall thereupon certify the recognisance to be forfeited, and\n(b) it shall be dealt with as if forfeited by the Crown Court.”\nSection 156 (further provision as to costs)\nSection 157(1), (2), (3) and (6) (appeals and jurisdiction)\nIn subsection (2)—\n(a) for “Subject to the provisions of this Act and of the rules made under it,” substitute “Subject to the provisions of this Part of this Act, the Police and Crime Commissioner Elections Order 2012 and the rules contained in that Order,”;\n(b) for “an election under the local government Act” substitute “an election under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011”.\nIn subsection (3), after “subject to the provisions of” insert “this Part of”.\nIn subsection (6), “elections under the local government Act” substitute “elections under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011”.\nSection 158 (report as to candidate guilty of corrupt or illegal practice)\nIn subsection (1) omit “section 144 or”.\nIn subsection (2), for “at a parliamentary election” substitute “at an election under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011”.\nIn subsection (3), omit the second paragraph.\nSection 159(1) and (4) (candidate reported guilty of corrupt or illegal practice)\nIn subsection (4) after “this Act” insert “or the Police and Crime Commissioner Elections Order 2012”.\nSection 161 (justice of the peace)\nSection 162 (member of legal and certain other professions)\nSection 163 (holder of licence or certificate under the Licensing Acts)\nSection 164 (avoidance for general corruption etc)\nIn subsection (3), for “An election under the local government Act” substitute “An election under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011”.\nAfter subsection (3) insert—\n“(4) The reference to promoting or procuring a person’s election includes doing so by prejudicing the electoral prospects of another candidate at the election.”\nSection 166(2) and (3) (votes to be struck off for corrupt or illegal practices)\nIn subsection (3), for the words from “an incapacity to vote” to the end substitute “an incapacity to vote at an election under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011 votes at that election, his vote shall be void”.\nSection 167(1), (1A) and (2) (application for relief)\nIn subsection (1), for the words from “if in respect of” to the end substitute “if in respect of a payment made in contravention of article 37(1) or (2) of the Police and Crime Commissioner Elections Order 2012, to a county court”.\nIn subsection (2)—\n(a) for “this Act” (in each place) substitute “this Part of this Act or any provision of the Police and Crime Commissioner Elections Order 2012”;\n(b) in paragraph (c), for “in the constituency or, as the case may be, the area of the authority” substitute “in the police area”.\nSection 168 (prosecutions for corrupt practices)\nIn subsection (1)(a), in sub-paragraph (i), for “corrupt practice under section 60 or 62A above” substitute “corrupt practice under article 17 of, or paragraph 10 of Schedule 2 to, the Police and Crime Commissioner Elections Order 2012”.\nSection 169 (prosecutions for illegal practices)\nSection 170 (conviction of illegal practice on charge of corrupt practice etc)\nSection 174 (mitigation and remission etc)\nSection 175 (illegal payments or employments)\nIn subsection (2), omit the words from “and if an offence” to the end.\nSection 176 (time limit for prosecutions)\nIn subsection (1)—\n(a) for “this Act” substitute “this Part of this Act or contained in the Police and Crime Commissioner Elections Order 2012”;\n(b) omit “(or, in Northern Ireland, the Magistrates’ Courts (Northern Ireland) Order 1981)”;\n(c) omit “or Order”.\nFor subsection (2), substitute—\n“(2) For the purposes of this section, the laying of an information shall be deemed to be the commencement of a proceeding.”\nIn subsection (2C)—\n(a) omit “or Crown Prosecutor”;\n(b) for “rule 57 of the parliamentary elections rules” substitute “rule 68 of the PCC elections rules”.\nIn subsection (2D), for paragraph (a) substitute—\n“(a) directing the registration officer not to cause the documents to be destroyed at the expiry of the period of one year mentioned in rule 68 of the PCC elections rules,”.\nSection 177 (local election punishable summarily)\nIn the title, for “local election” substitute “police and crime commissioner election”.\nFor subsection (1) substitute—\n“(1) A prosecution for any offence punishable summarily in reference to an election under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011—\n(a) may be instituted before any magistrates’ court in the county in which the whole or part of the police area for which the election is held is situated or which it adjoins; and\n(b) the offence shall be deemed for all purposes to have been committed within the jurisdiction of that court.”\nSection 178 (prosecution of offences committed outside the United Kingdom)\nFor “an offence under this Act” substitute “an offence under this Part of this Act or under the Police and Crime Commissioner Elections Order 2012”.\nSection 179 (offences by associations)\nFor paragraph (b) substitute—\n“(b) any offence under article 64 of the Police and Crime Commissioner Elections Order 2012 (details to appear on election publications),”.\nAfter “by this Act” insert “or by the Police and Crime Commissioner Elections Order 2012”.\nSection 180 (evidence by certificate of holding of elections)\nIn this section—\n(a) omit “and” at the end of paragraph (a);\n(b) omit paragraph (b);\n(c) for “the certificate of the returning officer” substitute “the certificate of the police area returning officer”.\nSection 180A (evidence by certificate of electoral registration)\nSection 181(1) to (3A), (5) and (6) (Director of Public Prosecutions)\nIn subsection (1), for “any offence under this Act” substitute “any offence under this Part of this Act, or under the Police and Crime Commissioner Elections Order 2012,”.\nIn subsection (5), for “the Treasury” substitute “the Secretary of State”.\nIn subsection (6), for “the Treasury” (in both places) substitute “the Secretary of State”.\nSection 183(1) and (2) (costs)\nIn subsection (1), for “under Part 2 or this Part of this Act” substitute “ under this Part of this Act or under Part 3 of the Police and Crime Commissioner Elections Order 2012,”.\nSection 184 (service of notices)\nIn subsection (1)(a), for the words from “in the constituency” to the end substitute “in the police area for which the election was held”.\nIn section 185 (interpretation), the definition of “candidate”, “costs”, “Licensing Acts”, “money” and “pecuniary award”, “payment”, “prescribed”.\nIn the definition of candidate, for the words from “has the same meaning” to the end substitute “has the same meaning as in the Police and Crime Commissioner Elections Order 2012”.\nIn the definition of “Licensing Acts”, for the words from “means” to the end substitute “means the Licensing Act 2003 and the Acts amending that Act, or the corresponding enactments forming part of the law of Scotland or Northern Ireland.”\nIn the definition of “prescribed” for the words from “means” to the end substitute “means prescribed by the Election Petition Rules 1960, as applied by paragraph 2 of Schedule 9 to the Police and Crime Commissioner Elections Order 2012”.\nSection 186 (computation of time)\nIn this section—\n(a) for “Section 119 above” substitute “Article 73 of the Police and Crime Commissioner Elections Order 2012”;\n(b) for “as for Part 2 of this Act” substitute “as for Part 3 that Order”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "2003 c.17."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2012/9780111525302/schedule/9/paragraph/1",
    "retrieved_at": "2026-10-30T14:51:38.206353+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}