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The Local Elections (Communities) (Wales) Rules 2021 in England

W.S.I. 2021/1460 · Made 15 December 2021 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 13 March 2026.

Local Government, Wales

Representation Of The People, Wales

Made 15 December 2021

Coming into force 17 December 2021

The Welsh Ministers, in exercise of the powers conferred by section 89(6) of the Local Government Act 1972f1 and sections 36A(1), (3) to (6) and (9) and 187(1) of the Representation of the People Act 1983f2, make the following Rules.

In accordance with section 36A(7) of the Representation of the People Act 1983, the Welsh Ministers have consulted such persons as they considered appropriate.C1

In accordance with section 36A(10) of the Representation of the People Act 1983, a draft of this instrument has been laid before and approved by a resolution of Senedd Cymru.

Annotations to the whole text

Modifications

C1

Rules applied (with modifications) (10.3.2022) by S.I. 2007/236, Sch. 4 Pt. 4 (as substituted by The Local Elections (Miscellaneous and Consequential Amendments) (Wales) Regulations 2022 (S.I. 2022/263), reg. 1(2), Sch. 3 para. 5 (with reg. 12(f)))

Footnotes

f1

1972 c. 70. Section 89(6) was amended by paragraph 1(6) of Schedule 2 to the Local Government and Elections (Wales) Act 2021 (asc 1).

f2

1983 c. 2. Section 36A was inserted by section 13(3) of the Local Government and Elections (Wales) Act 2021. Section 187(1) was amended by paragraph 64 of Schedule 4 to the Representation of the People Act 1985 (c. 50), paragraph 124 of Schedule 1 to the Electoral Administration Act 2006 (c. 22) and by paragraph 2(16) of Schedule 2 to the Local Government and Elections (Wales) Act 2021.

Contents

  1. 1Title and commencement
  2. 2Transitional provision
  3. 3Interpretation
  4. 4Conduct of elections to a community council
  5. 5Filling of casual vacancies
  6. 6Modifications of the 1983 Act
  7. 7Form of election expenses
  8. Signature
  9. Schedule 1: Rules for conduct of an election of councillors for a community where poll is not taken together with poll at another election
  10. Part 1: Provisions as to Time
  11. 1Timetable
  12. 2Computation of time
  13. Part 2: Notice of Election, Nomination and Method of Election
  14. Chapter: Notice of Election
  15. 3Notice of election
  16. Chapter: Nomination
  17. 4Duty of returning officer to supply forms of nomination etc.
  18. 5Nomination of candidates
  19. 6Nomination papers: descriptions
  20. 7Addition of “Wales”, “Welsh”, “Cymru” or “Cymreig”
  21. 8Nomination papers: statements of party membership
  22. 9Home address forms
  23. 10Decisions as to validity of nomination papers
  24. 11Nomination in more than one electoral area
  25. 12Withdrawal of candidates
  26. 13Publication of statement of persons nominated
  27. 14Use of commonly used names in statement of persons nominated
  28. 15Names that are the same or similar
  29. 16Correction of minor errors in a nomination paper or home address form
  30. 17Inspection of nomination papers
  31. 18Inspection of home address forms
  32. 19Adjournment of nomination proceedings in the case of riot
  33. Chapter: Method of Election
  34. 20Decision as to whether election contested and declaration of result if uncontested
  35. Part 3: The Poll at Contested Elections
  36. Chapter: General Provisions
  37. 21Poll to be taken by ballot
  38. 22The ballot papers
  39. 23Corresponding number list
  40. 24The official mark
  41. 25Prohibition of disclosure of vote
  42. 26Use of schools and public rooms
  43. Chapter: Action to be taken before the poll
  44. 27Notice of poll
  45. 28Postal ballot papers
  46. 29Provision of polling stations
  47. 30Appointment of presiding officers and clerks
  48. 31Issue of official poll cards
  49. 32Equipment of polling stations
  50. 33Appointment of polling and counting agents
  51. 34Polling and counting agents: supplemental provision
  52. 35Notification of requirement of secrecy
  53. 36Return of postal ballot papers
  54. Chapter: The Poll
  55. 37Admission to polling station
  56. 38Keeping of order in station
  57. 39Sealing of ballot boxes
  58. 40Questions to be put to voters
  59. 41Challenge of voter
  60. 42Voting procedure
  61. 43Voters with a disability or unable to read: marking of votes by presiding officer
  62. 44Voters with a disability or unable to read: assistance of companions
  63. 45Voting with the assistance of a companion: supplemental provision
  64. 46Tendered ballot papers: circumstances where available
  65. 47Duties of presiding officer in relation to tendered ballot papers
  66. 48Spoilt ballot papers
  67. 49Correction of errors on day of poll
  68. 50Adjournment of poll in case of riot
  69. 51Procedure on close of poll
  70. Part 4: Counting of Votes and Declaration of Result at Contested Elections
  71. 52Arrangements for the counting of votes
  72. 53Attendance at the counting of votes
  73. 54The count: steps
  74. 55The count: general
  75. 56The count: rejected ballot papers
  76. 57Re-count
  77. 58Equality of votes
  78. 59Decision on ballot papers
  79. 60Declaration of result
  80. Part 5: Disposal of Documents
  81. 61Sealing up of ballot papers at contested elections
  82. 62Delivery of documents to registration officer at contested elections
  83. 63Production etc. of documents
  84. 64Orders for the production etc. of documents: supplemental provision
  85. 65Retention and destruction of documents forwarded to registration officer
  86. 66Destruction of home address forms by returning officer
  87. Part 6: Death of Candidate
  88. 67Countermand or abandonment of poll on death of a candidate
  89. APPENDICESNote: The forms contained in these Appendices may be adapted so far as circumstances require.
  90. Schedule 2: Rules for conduct of an election of councillors for a community where poll is taken together with poll at a relevant election
  91. Part 1: Provisions as to Time
  92. 1Timetable
  93. 2Computation of time
  94. Part 2: Notice of Election, Nomination and Method of Election
  95. Chapter: Notice of Election
  96. 3Notice of election
  97. Chapter: Nomination
  98. 4Duty of returning officer to supply forms of nomination etc.
  99. 5Nomination of candidates
  100. 6Nomination papers: descriptions
  101. 7Addition of “Wales”, “Welsh”, “Cymru” or “Cymreig”
  102. 8Nomination papers: statements of party membership
  103. 9Home address forms
  104. 10Decisions as to validity of nomination papers
  105. 11Nomination in more than one electoral area
  106. 12Withdrawal of candidates
  107. 13Publication of statement of persons nominated
  108. 14Use of commonly used names in statement of persons nominated
  109. 15Names that are the same or similar
  110. 16Correction of minor errors in a nomination paper or home address form
  111. 17Inspection of nomination papers
  112. 18Inspection of home address forms
  113. 19Adjournment of nomination proceedings in the case of riot
  114. Chapter: Method of Election
  115. 20Decision as to whether election contested and declaration of result if uncontested
  116. Part 3: The Poll at Contested Elections
  117. Chapter: General Provisions
  118. 21Poll to be taken by ballot
  119. 22The ballot papers
  120. 23Corresponding number list
  121. 24The official mark
  122. 25Prohibition of disclosure of vote
  123. 26Use of schools and public rooms
  124. Chapter: Action to be taken before the poll
  125. 27Notice of poll
  126. 28Postal ballot papers
  127. 29Provision of polling stations
  128. 30Appointment of presiding officers and clerks
  129. 31Issue of official poll cards
  130. 32Equipment of polling stations
  131. 33Appointment of polling and counting agents
  132. 34Polling and counting agents: supplemental provision
  133. 35Notification of requirement of secrecy
  134. 36Return of postal ballot papers
  135. Chapter: The Poll
  136. 37Admission to polling station
  137. 38Keeping of order in station
  138. 39Sealing of ballot boxes
  139. 40Questions to be put to voters
  140. 41Challenge of voter
  141. 42Voting procedure
  142. 43Voters with a disability or unable to read: marking of votes by presiding officer
  143. 44Voters with a disability or unable to read: assistance of companions
  144. 45Voting with the assistance of a companion: supplemental provision
  145. 46Tendered ballot papers: circumstances where available
  146. 47Duties of presiding officer in relation to tendered ballot papers
  147. 48Spoilt ballot papers
  148. 49Correction of errors on day of poll
  149. 50Adjournment of poll in case of riot
  150. 51Procedure on close of poll
  151. Part 4: Counting of Votes and Declaration of Result at Contested Elections
  152. 52Overview of rules and interpretation
  153. 53Attendance at proceedings under this Part
  154. 54Preliminary and general duties where returning officer is co-ordinating returning officer
  155. 55Separation of ballot papers etc. where returning officer is co-ordinating returning officer
  156. 56Preliminary and general duties where returning officer is not the co-ordinating returning officer
  157. 57Opening of containers etc. where returning officer is not the co-ordinating returning officer
  158. 58Further provision about postal ballot papers
  159. 59The count: general
  160. 60The count: rejected ballot papers
  161. 61Re-count
  162. 62Equality of votes
  163. 63Decision on ballot papers
  164. 64Declaration of result
  165. Part 5: Disposal of Documents
  166. 65Sealing up of ballot papers at contested elections
  167. 66Delivery of documents to registration officer at contested elections
  168. 67Production etc. of documents
  169. 68Orders for the production etc. of documents: supplemental provision
  170. 69Retention and destruction of documents forwarded to registration officer
  171. 70Destruction of home address forms by returning officer
  172. Part 6: Death of Candidate
  173. 71Countermand or abandonment of poll on death of a candidate
  174. APPENDICESNote: The forms contained in these Appendices may be adapted so far as circumstances require.
  175. Schedule 3Form of election expenses
  176. Explanatory note