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The Local Elections (Principal Areas) (Wales) Rules 2021 in England

W.S.I. 2021/1459 · 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 36A(1), (2), (4), (5) and (9) of the Representation of the People Act 1983f1 and section 26(2) of the Welsh Language Act 1993f2, 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 Cymruf3.

Annotations to the whole text

Modifications

C1

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

Footnotes

f1

1983 c. 2. Section 36A was inserted by section 13(3) of the Local Government and Elections (Wales) Act 2021 (asc 1).

f2

1993 c. 38. Functions of the Secretary of State, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1. Those functions were subsequently transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32). See also section 59A of, and Schedule 3A to, the Government of Wales Act 2006. The power to make an order under section 26(2) of the Welsh Language Act 1993 may be exercised to make rules by virtue of section 39 of the Legislation (Wales) Act 2019 (anaw 4).

f3

See also section 40 of the Legislation (Wales) Act 2019 for provision about the procedure that applies to this instrument.

Contents

  1. 1Title and commencement
  2. 2Transitional provision
  3. 3Interpretation
  4. 4Section 22(3)(a) of the Political Parties, Elections and Referendums Act 2000: use of “Annibynnol”
  5. 5Conduct of elections to the council of a principal area
  6. Signature
  7. Schedule 1: Rules for conduct of an election of councillors for a principal area where poll is not taken together with poll at another election
  8. Part 1: Provisions as to Time
  9. 1Timetable
  10. 2Computation of time
  11. Part 2: Notice of Election, Nomination and Method of Election
  12. Chapter: Notice of Election
  13. 3Notice of election
  14. Chapter: Nomination
  15. 4Duty of returning officer to supply forms of nomination etc.
  16. 5Nomination of candidates
  17. 6Nomination papers: descriptions
  18. 7Addition of “Wales”, “Welsh”, “Cymru” or “Cymreig”
  19. 8Nomination papers: statements of party membership
  20. 9Home address forms
  21. 10Decisions as to validity of nomination papers
  22. 11Nomination in more than one electoral ward
  23. 12Withdrawal of candidates
  24. 13Publication of statement of persons nominated
  25. 14Use of commonly used names in statement of persons nominated
  26. 15Names that are the same or similar
  27. 16Correction of minor errors in nomination papers or home address forms
  28. 17Inspection of nomination papers
  29. 18Inspection of home address forms
  30. 19Adjournment of nomination proceedings in the case of riot
  31. Chapter: Method of Election
  32. 20Decision as to whether election is contested and declaration of result if uncontested
  33. Part 3: The Poll at Contested Elections
  34. Chapter: General Provisions
  35. 21Poll to be taken by ballot
  36. 22The ballot papers
  37. 23Corresponding number list
  38. 24The official mark
  39. 25Prohibition of disclosure of vote
  40. 26Use of schools and public rooms
  41. Chapter: Action to be taken before the poll
  42. 27Notice of poll
  43. 28Postal ballot papers
  44. 29Provision of polling stations
  45. 30Appointment of presiding officers and clerks
  46. 31Issue of official poll cards
  47. 32Equipment of polling stations
  48. 33Appointment of polling and counting agents
  49. 34Polling and counting agents: supplemental provision
  50. 35Notification of requirement of secrecy
  51. 36Return of postal ballot papers
  52. Chapter: The Poll
  53. 37Admission to polling station
  54. 38Keeping of order in station
  55. 39Sealing of ballot boxes
  56. 40Questions to be put to voters
  57. 41Challenge of voter
  58. 42Voting procedure
  59. 43Voters with a disability or unable to read: marking of votes by presiding officer
  60. 44Voters with a disability or unable to read: assistance of companions
  61. 45Voting with the assistance of a companion: supplemental provision
  62. 46Tendered ballot papers: circumstances where available
  63. 47Duties of presiding officer in relation to tendered ballot papers
  64. 48Spoilt ballot papers
  65. 49Correction of errors on day of poll
  66. 50Adjournment of poll in case of riot
  67. 51Procedure on close of poll
  68. Part 4: Counting of Votes: Elections Using the Simple Majority System
  69. 52Arrangements for the counting of votes
  70. 53Attendance at the counting of votes
  71. 54The count: steps
  72. 55The count: general
  73. 56The count: rejected ballot papers
  74. 57Re-count
  75. 58Equality of votes
  76. 59Decision on ballot papers
  77. 60Declaration of result
  78. Part 4A: Counting of Votes: Elections Using the Single Transferable Vote System
  79. Chapter 1: Introductory provisions
  80. 60AArrangements for the counting of votes
  81. 60BAttendance at the counting of votes
  82. 60CThe count: steps
  83. 60DThe count: general
  84. 60EThe count: rejected ballot papers
  85. Chapter 2: Ascertaining the Result
  86. 60FInterpretation
  87. 60GCounting of first preference votes
  88. 60HDetermining the quota
  89. 60IReturn of councillors
  90. 60JTransfers where first preference votes exceed the quota
  91. 60KOther transfers where votes exceed the quota
  92. 60LCircumstances in which votes are not transferred under rule 60J or 60K
  93. 60MOrder of transfers under rules 60J and 60K
  94. 60NTransfers under rules 60J and 60K: supplementary provision
  95. 60OExclusion of candidates and transfer of first preference ballot papers
  96. 60PTransfer of excluded candidates’ other ballot papers
  97. 60QOrder of exclusion
  98. 60RExclusion of candidates: supplementary provision
  99. 60SFilling of last vacancies
  100. 60TRe-count
  101. 60UOrder of election of candidates
  102. 60VDecisions on ballot papers
  103. 60WDeclaration of result at contested election
  104. Part 5: Disposal of Documents
  105. 61Sealing up of ballot papers at contested elections
  106. 62Delivery of documents to registration officer at contested elections
  107. 63Production etc. of documents
  108. 64Orders for the production etc. of documents: supplemental provision
  109. 65Retention and destruction of documents forwarded to registration officer
  110. 66Destruction of home address forms by returning officer
  111. Part 6: Death of Candidate
  112. 67Countermand or abandonment of poll on death of a candidate
  113. APPENDICESNote: The forms contained in these Appendices may be adapted so far as circumstances require.
  114. Schedule 2: Rules for conduct of an election of councillors for a principal area where poll is taken together with poll at a relevant election
  115. Part 1: Provisions as to Time
  116. 1Timetable
  117. 2Computation of time
  118. Part 2: Notice of Election, Nomination and Method of Election
  119. Chapter: Notice of Election
  120. 3Notice of election
  121. Chapter: Nomination
  122. 4Duty of returning officer to supply forms of nomination etc.
  123. 5Nomination of candidates
  124. 6Nomination papers: descriptions
  125. 7Addition of “Wales”, “Welsh”, “Cymru” or “Cymreig”
  126. 8Nomination papers: statements of party membership
  127. 9Home address forms
  128. 10Decisions as to validity of nomination papers
  129. 11Nomination in more than one electoral ward
  130. 12Withdrawal of candidates
  131. 13Publication of statement of persons nominated
  132. 14Use of commonly used names in statement of persons nominated
  133. 15Names that are the same or similar
  134. 16Correction of minor errors in nomination papers or home address forms
  135. 17Inspection of nomination papers
  136. 18Inspection of home address forms
  137. 19Adjournment of nomination proceedings in the case of riot
  138. Chapter: Method of Election
  139. 20Decision as to whether election is contested and declaration of result if uncontested
  140. Part 3: The Poll at Contested Elections
  141. Chapter: General Provisions
  142. 21Poll to be taken by ballot
  143. 22The ballot papers
  144. 23Corresponding number list
  145. 24The official mark
  146. 25Prohibition of disclosure of vote
  147. 26Use of schools and public rooms
  148. Chapter: Action to be taken before the poll
  149. 27Notice of poll
  150. 28Postal ballot papers
  151. 29Provision of polling stations
  152. 30Appointment of presiding officers and clerks
  153. 31Issue of official poll cards
  154. 32Equipment of polling stations
  155. 33Appointment of polling and counting agents
  156. 34Polling and counting agents: supplemental provision
  157. 35Notification of requirement of secrecy
  158. 36Return of postal ballot papers
  159. Chapter: The Poll
  160. 37Admission to polling station
  161. 38Keeping of order in station
  162. 39Sealing of ballot boxes
  163. 40Questions to be put to voters
  164. 41Challenge of voter
  165. 42Voting procedure
  166. 43Voters with a disability or unable to read: marking of votes by presiding officer
  167. 44Voters with a disability or unable to read: assistance of companions
  168. 45Voting with the assistance of a companion: supplemental provision
  169. 46Tendered ballot papers: circumstances where available
  170. 47Duties of presiding officer in relation to tendered ballot papers
  171. 48Spoilt ballot papers
  172. 49Correction of errors on day of poll
  173. 50Adjournment of poll in case of riot
  174. 51Procedure on close of poll
  175. Part 4: Counting of Votes: Elections using the Simple Majority System
  176. 52Overview of rules and interpretation
  177. 53Attendance at proceedings under this Part
  178. 54Preliminary and general duties where returning officer is co-ordinating returning officer
  179. 55Separation of ballot papers etc. where returning officer is co-ordinating returning officer
  180. 56Preliminary and general duties where returning officer is not the co-ordinating returning officer
  181. 57Opening of containers etc. where returning officer is not the co-ordinating returning officer
  182. 58Further provision about postal ballot papers
  183. 59The count: general
  184. 60The count: rejected ballot papers
  185. 61Re-count
  186. 62Equality of votes
  187. 63Decision on ballot papers
  188. 64Declaration of result
  189. Part 4A: Counting of Votes: Elections Using the Single Transferable Vote System
  190. Chapter 1: Introductory Provisions
  191. 64AOverview of rules and interpretation
  192. 64BAttendance at proceedings under this Part
  193. 64CPreliminary and general duties where returning officer is co-ordinating returning officer
  194. 64DSeparation of ballot papers etc. where returning officer is co-ordinating returning officer
  195. 64EPreliminary and general duties where returning officer is not the co-ordinating returning officer
  196. 64FOpening of containers etc. where returning officer is not the co-ordinating returning officer
  197. 64GFurther provision about postal ballot papers
  198. 64HThe count: general
  199. 64IThe count: rejected ballot papers
  200. Chapter 2: Ascertaining the Result
  201. 64JApplication and interpretation
  202. 64KCounting of first preference votes
  203. 64LDetermining the quota
  204. 64MReturn of councillors
  205. 64NTransfers where first preference votes exceed the quota
  206. 64OOther transfers where votes exceed the quota
  207. 64PCircumstances in which votes are not transferred under rule 64N or 64O
  208. 64QOrder of transfers under rules 64N and 64O
  209. 64RTransfers under rules 64N and 64O: supplementary provision
  210. 64SExclusion of candidates and transfer of first preference ballot papers
  211. 64TTransfer of excluded candidates’ other ballot papers
  212. 64UOrder of exclusion
  213. 64VExclusion of candidates: supplementary provision
  214. 64WFilling of last vacancies
  215. 64XRe-count
  216. 64YOrder of election of candidates
  217. 64ZDecisions on ballot papers
  218. 64Z1Declaration of result at contested election
  219. Part 5: Disposal of Documents
  220. 65Sealing up of ballot papers at contested elections
  221. 66Delivery of documents to registration officer at contested elections
  222. 67Production etc. of documents
  223. 68Orders for the production etc. of documents: supplemental provision
  224. 69Retention and destruction of documents forwarded to registration officer
  225. 70Destruction of home address forms by returning officer
  226. Part 6: Death of Candidate
  227. 71Countermand or abandonment of poll on death of a candidate
  228. APPENDICESNote: The forms contained in these Appendices may be adapted so far as circumstances require.
  229. Explanatory note