{
  "url": "https://openlegislation.uk/draft-police-and-crime-commissioner-elections-order-2012/schedule-9/paragraph-2",
  "json_url": "https://openlegislation.uk/draft-police-and-crime-commissioner-elections-order-2012/schedule-9/paragraph-2.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/2",
  "kind": "paragraph",
  "number": "2",
  "heading": null,
  "text": "(1) The Election Petition Rules 1960 apply for the purposes of PCC elections.\n(2) In the application by virtue of this paragraph of any provision of those Rules which is listed in the first column of the table, that provision has 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.\nProvision\nModification\nRule 2 (definitions)\nIn paragraph (2)—\n(a) omit the definition of “local election petition”;\n(b) in the definition of “petition” for the words from “means” to the end substitute “means a PCC election petition”;\n(c) for the definition of “constituency” substitute ““police area” means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London)”;\n(d) in the definition of “returning officer”, for the words from “means” to the end substitute “means the police area returning officer for the police area to which the PCC election petition relates”.\nIn paragraph (3), for “the prescribed officer in relation to elections under the local government Act” substitute “the prescribed officer in relation to elections under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011”.\nIn paragraph (4), for “Subject to the provisions of the Act and these Rules,” substitute “Subject to the provisions of the Act, these Rules and the Police and Crime Commissioner Elections Order 2012,”.\nRule 4 (form of petition)\nIn paragraph (1)—\n(a) in sub-paragraph (a), omit “section 121(1) or”;\n(b) in sub-paragraph (b), omit the words from “showing” to the end;\n(c) in sub-paragraph (c), omit “subsection (2) or (3) of section 122 of”.\nRule 6 (notice to be given to respondent and DPP)\nIn paragraph (1), omit “section 121(2) or”.\nRule 9 (display etc of notice of time and place of trial)\nIn paragraph (3), omit the words from the beginning to “and in any other case”.\nIn paragraph (4), for “in his constituency” substitute “in the police area for which the returning officer acts”.\nRule 12 (application for leave to withdraw a petition)\nIn paragraph (2)(b), for “in the constituency” substitute “in the police area”.\nIn paragraph (4), for “in his constituency” substitute “in the police area for which the returning officer acts”.\nRule 14 (petition abated in the event of a petitioner’s death)\nIn paragraph (1)—\n(a) in sub-paragraph (b), for “in his constituency” substitute “in the police area for which the returning officer acts”;\n(b) in sub-paragraph (c), for “in the constituency” substitute “in the police area”.\nRule 16\nOmit rule 16\nRule 19 (computation of time)\nIn paragraph (1), for “section 119 of the Act” substitute “article 73 of the Police and Crime Commissioner Elections Order 2012”.\nIn paragraph (2), for “section 119(2) of the Act” substitute “article 73(1)(a) to (c) of the Police and Crime Commissioner Elections Order 2012”.\nSchedule (form of election petition)\nIn the preamble, for “And in the matter of a Parliamentary (or Local Government) Election for (state place)” substitute “And in the matter of a police and crime commissioner election for (state police area)”.\nIn paragraph 1, omit “(or in the case of a parliamentary election claims to have had a right to be elected or returned at the above election)”.\nFor paragraph 2, substitute—\n“2 That the election was held on the .. .. .. ..day of .. .. .. .., 20 .. .., when E.F., G.H. and J.K. were candidates, and on the .. .. .. ..day of .. .. .. ..20 .. .., and E.F. was declared to be duly elected as police and crime commissioner”.\nIn paragraph 4, omit “in section 122(2) or (3) or”\nFor the prayer, substitute—\n“The Petitioner(s) therefore pray(s)—\n(1) That it may be determined that the said E.F. was not duly elected and that the election was void (or that the said J.K. was duly elected and ought to have been returned) (or as the case may be).\n(2) That the Petitioner(s) may have such further or other relief as may be just.”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1960/543."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2012/9780111525302/schedule/9/paragraph/2",
    "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."
}