OpenLegislation

Section 44 Power to make provision about elections.I1C1C2

England and Wales

(1)

The Secretary of State F1... may by regulations make provision as to—

(a)

the conduct of elections for the return of elected mayors or elected executive members, and

(b)

the questioning of elections for the return of elected mayors or elected executive members and the consequences of irregularities.

(2)

The provision which may be made under subsection (1)(a) includes, in particular, provision—

(a)

about the registration of electors,

(b)

for disregarding alterations in a register of electors,

(c)

about the limitation of election expenses (and the creation of criminal offences in connection with the limitation of such expenses),

(d)

for the combination of polls at elections for the return of elected mayors and other elections (including elections for the return of elected executive members), and

(e)

for the combination of polls at elections for the return of elected executive members and other elections (including elections for the return of elected mayors).

(3)

Regulations under this section may—

(a)

apply or incorporate, with or without modifications or exceptions, any provision of, or made under, the Representation of the People Acts or any provision of any other enactment (whenever passed or made) relating to parliamentary elections or local government elections,

(b)

modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for the return of elected mayors or elected executive members, and

(c)

so far as may be necessary in consequence of any provision made by or under this Part or any regulations under this section, amend any provision of any enactment (whenever passed or made) relating to the registration of parliamentary electors or local government electors.

F2(3A)

Before making any regulations under this section, the Secretary of State F3... shall consult the Electoral Commission.

(3B)

In addition, the power of the Secretary of State F4... to make regulations under this section so far as relating to matters mentioned in subsection (2)(c) shall be exercisable only on, and in accordance with, a recommendation of the Electoral Commission, except where the Secretary of State ... considers that it is expedient to exercise that power in consequence of changes in the value of money.

C3(4)

No return of an elected mayor or elected executive member at an election is to be questioned except by an election petition under the provisions of Part III of the M1Representation of the M2People Act 1983 as applied by or incorporated in regulations under this section.

Annotations

Textual amendments

F1

Words in s. 44(1) omitted (8.12.2021) by virtue of The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 13(2)(c) (with art. 12)

F2

S. 44(3A)(3B) inserted (1.7.2001) by 2000 c. 41, s. 158(1), Sch. 21 para. 18(2) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (with Sch. 2 Pt. II para. 2)

F3

Words in s. 44(3A) omitted (8.12.2021) by virtue of The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 13(2)(c) (with art. 12)

F4

Words in s. 44(3B) omitted (8.12.2021) by virtue of The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 13(2)(c) (with art. 12)

Marginal citations

M1

1983 c. 2.

M2

1983 c. 2.

Modifications

C1

S. 44 functions made exercisable concurrently (18.8.2010) by The Lord President of the Council Order 2010 (S.I. 2010/1837), arts. 1(2), 3

C2

S. 44 functions transferred (W.) (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 45, Sch. 1 para. 3

C3

S. 44(4) modified (coming into force in accordance with reg. 1(2) of the amending Regulations) by Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024), regs. 1(2), 5 (as amended (6.4.2014) by The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2014 (S.I. 2014/370), regs. 1(2), 4 (with reg. 1(2)))

Commencement

I1

S. 44 wholly in force at 28.7.2001; s. 44 not in force at Royal Assent see s. 108; s. 44 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 44 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 44 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Notes on Part II

Textual amendments

F1

Words in Pt. II heading substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 9; S.I. 2012/1008, art. 4(b)

Modifications

C1

Pt. II (ss. 10-48) restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(a)

C2

Pt. II extended (1.9.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), ss. 183(4)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/1718, art. 5, Sch. Pt. II

C3

Pt. II modified (21.6.2004) by Isles of Scilly (Functions) (Review and Scrutiny of Health Services) Order 2004 (S.I. 2004/1412), arts. 1, 2

C4

Pt. II applied in part (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(4)

C5

Pt. II applied in part (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(7)

C6

Pt. II modified (29.8.2008) by The Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008 (S.I. 2008/2113), regs. 1, 10