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The Police and Crime Commissioner Elections (Amendment) Order 2016

S.I. 2016/300 · Made 3 March 2016 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 8 May 2017.

Police, England And Wales

Made 3rd March 2016

Coming into force in accordance with article 1(2)

In accordance with section 7(1) and (2)(hb) and (hc) of the Political Parties, Elections and Referendums Act 2000f1, the Chancellor of the Duchy of Lancaster has consulted the Electoral Commission before making this Order.

And, in accordance with section 154(2)(a) and (b) of the Police Reform and Social Responsibility Act 2011 (“2011 Act”)f2, a draft of this Order has been laid before and approved by a resolution of each House of Parliament.

Accordingly, the Chancellor of the Duchy of Lancaster, in exercise of the powers conferred by sections 54(2)f3, 58 (as extended by section 26(3) of the Welsh Language Act 1993f4) and 154(5) of the 2011 Actf5 makes the following Order:C1

Annotations to the whole text

Modifications

C1

Order excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 35

Footnotes

f1

2000 c. 41; paragraphs (hb) and (hc) of subsection (2) were inserted by paragraph 11 of Schedule 10 to the Police Reform and Social Responsibility Act 2011 (c. 13).

f2

2011 c. 13.

f3

By virtue of section 105 of the Deregulation Act 2015 (c. 20), the power to make regulations can be exercised by order (and vice-versa). Section 54(2) was amended by S.I. 2015/1376 (whereby functions of the Secretary of State were transferred so as to be exercised concurrently with the Chancellor of the Duchy of Lancaster).

f4

1993 c. 38.

f5

Functions originally conferred on the Secretary of State by sections 58 and 154 were transferred to enable them to be exercised concurrently with the Lord President of the Council by S.I. 2014/268. By virtue of S.I. 2015/1376 those functions exercisable by the Lord President of the Council concurrently with the Secretary of State in section 58(1) and section 154(1) and (5) ceased to be exercisable by the Lord President of the Council and became exercisable (concurrently with the Secretary of State) by the Chancellor of the Duchy of Lancaster. The functions in section 58(5)(a), (b) and (d) conferred on the Secretary of State may now also, by virtue of S.I. 2015/1526, be exercisable concurrently with the Chancellor of the Duchy of Lancaster so far as they relate to an election of a police and crime commissioner the date of the poll for which is on or after 1st May 2016.

Contents

  1. Part 1: General
  2. 1Citation, commencement and interpretation
  3. Part 2: Combination of polls at police and crime commissioner and National Assembly for Wales elections
  4. 2Amendment of the 2012 Order
  5. 3Interpretation
  6. 4Combination of polls
  7. 5Issue and receipt of postal ballot papers
  8. 6Application of Part 3 of Schedule 4
  9. 7Amendment of the 2012 Regulations
  10. 8Voting areas
  11. 9Local returning officer where PCC and Assembly elections are combined
  12. Part 3: Other amendments of the 2012 Order
  13. 10Amendment of the 2012 Order
  14. 11Amendment of Schedule 3
  15. 12Amendment of Schedule 4
  16. Signature
  17. Schedule Form of nomination of candidates in Welsh
  18. Explanatory note

1Citation, commencement and interpretationI1

(1)

This Order may be cited as the Police and Crime Commissioner Elections (Amendment) Order 2016.

(2)

It comes into force on the day after the day on which it is made.

(3)

Articles 2 to 12 apply to an election of a police and crime commissioner the date of the poll for which is on or after 1st May 2016.

(4)

In this Order—

  • “2012 Order” means the Police and Crime Commissioner Elections Order 2012f1;

  • “2012 Regulations” means the Police and Crime Commissioner Elections (Functions of Returning Officers) Regulations 2012f2.

2Amendment of the 2012 OrderI1

The 2012 Order is amended in accordance with articles 3 to 6.

3InterpretationI1

(1)

Amend article 2 (interpretation) as follows.

(2)

In paragraph (1)—

(a)

in the appropriate places insert—

  • ““the 2007 Order” means the National Assembly for Wales (Representation of the People) Order 2007f1;”,

  • ““the Assembly” means the National Assembly for Wales;”,

  • ““Assembly election” means an election to return a member of the Assembly for an Assembly constituency or an election to return members of the Assembly for an Assembly electoral region (or both);”;

(b)

in the definition of “local returning officer”, at the end insert “(but see paragraph (2B)(b))”; and

(c)

in the definition of “voting area” for “paragraph (2)” substitute “paragraph (2) or, where it applies, paragraph (2B)”.

(3)

In paragraph (2), at the beginning, insert “Subject to paragraphs (2A) and (2B)(a),”.

(4)

After paragraph (2) insert—

“(2A)

Paragraph (2B) applies where the poll at a PCC election is required to be taken together with the poll at an Assembly election by virtue of article 16A(1) of the 2007 Order.

(2B)

At an election mentioned in paragraph (2A)—

(a)

an Assembly constituency as it exists on the day of the PCC election (and not a county or county borough) is a voting area for the purposes of this Order;

(b)

a reference in this Order to the local returning officer for a voting area is a reference to the local returning officer exercising functions in relation to that voting area pursuant to regulation 2A of the Police and Crime Commissioner Elections (Functions of Returning Officers) Regulations 2012f2; and

(c)

the definition of “relevant registration officer” has effect as if at the end there were inserted “(but where a voting area comprises any part of the area of more than one local authority, the registration officer of the local authority in whose area the greater or greatest (as the case may be) number of electors is registered)”.

(2C)

In paragraph (2B)(a) “Assembly constituency” means an Assembly constituency as provided by section 2 of the Government of Wales Act 2006 (Assembly constituencies and electoral regions)f3.”.

4Combination of pollsI1

After article 13 (combination of polls) insert—

“Combination of polls: National Assembly for Wales

13A.

Where the poll at a PCC election is to be taken together with the poll at an Assembly election under article 16A of the 2007 Orderf1, the modifications to the PCC elections rules set out in Part 3, and the forms in Part 4, of Schedule 4 have effect subject to the modifications and exceptions set out in Part 5 of that Schedule.”.

5Issue and receipt of postal ballot papersI1

(1)

Amend Schedule 2 (absent voting in PCC elections) as follows.

(2)

In paragraph 29 (combination of polls)—

(a)

in sub-paragraph (2), at the beginning insert “In sub-paragraph (1),”; and

(b)

after sub-paragraph (2) insert—

“(3)

Where the poll at a PCC election is to be taken together with the poll at an Assembly election under article 16A of the 2007 Order, the proceedings on the issue and receipt of postal ballot papers in respect of each election may, if the returning officers concerned agree, be taken together.”.

(3)

In paragraph 59 (forwarding of documents), after sub-paragraph (2) insert—

“(2A)

Where the poll at a PCC election is taken together with the poll at an Assembly election under article 16A of the 2007 Order, a separate statement in the form described in sub-paragraph (1)(b) must be completed for the PCC election.”.

6Application of Part 3 of Schedule 4I1

(1)

Amend Schedule 4 (combination of polls)f1 as follows.

(2)

In the shoulder reference, for “article 13” substitute “articles 13 and 13A”.

(3)

After Part 4 (forms referred to in Part 3 of Schedule 4) insert—

“PART 5

Application of Parts 3 and 4 to PCC elections combined with Assembly elections

Introduction

46.
(1)

In the application of Part 3 to a combined election—

(a)

a reference to a relevant election is to be construed as a reference to an Assembly election;

(b)

a reference to a counting officer or a relevant referendum is to be disregarded; and

(c)

a provision having effect only in relation to England is to be disregarded.

(2)

In paragraph (1) the reference to a “combined election” is a reference to a PCC election taken together with an Assembly election.

Modification of paragraph 13 (interpretation)

47.
(1)

In paragraph 13—

(a)

for sub-paragraph (2) substitute—

“(2)

In this Part of this Schedule and in any provisions of the PCC elections rules modified by this Part—

(a)

“Assembly constituency” and “Assembly electoral region” mean an Assembly constituency or (as the case may be) electoral region as provided by section 2 of the Government of Wales Act 2006;

(b)

“combined polls” means the polls to be taken together by virtue of article 16A of the 2007 Order; and

(c)

a reference to the relevant returning officer is a reference to the returning officer exercising functions by virtue of paragraph 2 of Schedule 4 to the 2007 Order (as it applies to combined polls by virtue of paragraph 1 of Schedule 4A to that Order).”;

(b)

omit sub-paragraphs (3) and (4).

Modification of paragraphs 16 and 17 (corresponding number lists)

48.
(1)

In paragraph 16, in paragraph (1) of inserted rule 19A (corresponding number lists: proceedings on issue and receipt of ballot papers combined) for “paragraph 29 of Schedule 2 to this Order and regulation 65 of the 2001 Regulations” substitute “paragraph 29(3) of Schedule 2 to this Order and paragraph 2 of Schedule 3 to the 2007 Order”.

(2)

In paragraph 17, in inserted paragraph (A1) of rule 20 (corresponding number lists: proceedings on issue and receipt of ballot papers not combined) for “paragraph 29 of Schedule 2 to this Order and regulation 65 of the 2001 Regulations” substitute “paragraph 29(3) of Schedule 2 to this Order and paragraph 2 of Schedule 3 to the 2007 Order”.

Modification of paragraph 19 (notice of poll)

49.

In paragraph 19, for inserted paragraph (3A) of rule 24 (notice of poll) substitute—

“(3A)

A notice published under paragraph (3) must, in addition—

(a)

state that the poll for the PCC election is to be taken together with the poll for the Assembly election;

(b)

specify the Assembly constituency or electoral region for which the Assembly election is held;

(c)

where polls for the elections are to be taken together in only part of the voting area, specify that part.”.

Modification of paragraph 35 (correction of errors on day of the poll)

50.

In paragraph 35—

(a)

for inserted paragraph (2) of rule 45 (correction of errors on day of poll) substitute—

“(2)

Where the poll at a PCC election is taken together with an Assembly election the same list may be used for each election and, where it is so used, an entry in that list is to be taken to mean that ballot papers were issued in respect of each election, unless the list identifies the election for which a ballot paper was issued.”;

(b)

omit paragraph (3)f2.

Modification of paragraph 42 (the first count)

51.

In paragraph 42 (the first count), in inserted paragraph (1C) of rule 52 after “parliamentary constituency” insert “Assembly constituency,”.

Countermand or abandonment of poll on death of candidate

52.

After paragraph 44 (rule 66: delivery of documents) insert—

“Countermand or abandonment of poll on death of candidate

44A.

In rule 69 (countermand or abandonment of poll on death of candidate) after paragraph (5) insert—

  • “(5A) Neither the countermand of the notice of the poll at the PCC election nor the direction that the poll be abandoned affects the poll at the Assembly election.”””

7Amendment of the 2012 RegulationsI1

The 2012 Regulations are amended in accordance with articles 8 and 9.

8Voting areasI1

(1)

Amend regulation 2 (interpretation) as follows.

(2)

In paragraph (1)—

(a)

after the definition of “the 1983 Act” insert—

  • ““the 2007 Order” means the National Assembly for Wales (Representation of the People) Order 2007;”;

(b)

in the definition of “voting area” for “paragraph (2)” substitute “paragraphs (2) and (4)”.

(3)

In paragraph (2), at the beginning, insert “Subject to paragraph (4),”.

(4)

After paragraph (2) insert—

“(3)

This paragraph applies to a PCC election, the date of the poll for which is on or after 1st May 2016 and which is required, by virtue of article 16A of the 2007 Order, to be taken together with the poll at an Assembly election.

(4)

Where paragraph (3) applies, an Assembly constituency as it exists on the day of the PCC election mentioned in that paragraph (and not a county or county borough) is a “voting area” for the purposes of these Regulations.

(5)

In this regulation—

  • “the Assembly” means the National Assembly for Wales;

  • “Assembly constituency” and “Assembly electoral region” mean an Assembly constituency or (as the case may be) electoral region as provided by section 2 of the Government of Wales Act 2006; and

  • “Assembly election” means an election to return a member of the Assembly for an Assembly constituency or an election to return members of the Assembly for an Assembly electoral region (or both).”.

9Local returning officer where PCC and Assembly elections are combinedI1

After regulation 2 insert—

“Local returning officer where PCC and Assembly elections are combined

2A.
(1)

Where paragraph (3) of regulation 2 applies, the local returning officer for a voting area for the purposes of the PCC election is to be the local returning officer who is the constituency returning officer for that voting area for the purposes of the Assembly election; and a reference in these Regulations to a “local returning officer” is to be construed accordingly.

(2)

In paragraph (1) “constituency returning officer” means the constituency returning officer for an Assembly constituency by virtue of article 18 of the 2007 Orderf1.”

10Amendment of the 2012 OrderI1

The 2012 Order is amended in accordance with articles 11 and 12.

11Amendment of Schedule 3I1

(1)

Amend Schedule 3 (police and crime commissioner elections rules) as follows.

(2)

Amend rule 1 (timetable)f1 as follows—

(a)

in the right-hand column of the table, for the entry alongside “delivery of nomination papers” substitute “Between 10 am and 4 pm on any day after the date of publication of the notice of election but not later than the 19th day before the day of the election”;

(b)

after that entry insert—

“

The making of objections to nomination papers

(1) Subject to paragraph (2), during the hours allowed for delivery of nomination papers on the last day for their delivery and the hour following.

(2) No objection may be made in the afternoon of that last day except to a nomination paper delivered within 24 hours of the last time for its delivery and, in the case of a nomination paper so delivered, no objection may be made to the sufficiency or nature of the particulars of the candidate unless made at or immediately after the time of the delivery of the nomination paper.

”.

(3)

In rule 5 (nomination of candidates)—

(a)

in paragraph (1), after “Form 6” insert “(in English or at a PCC election in Wales, in English or in Welsh)”;

(b)

omit paragraph (8).

(4)

In rule 13 (publication of statement of persons nominated), after paragraph (7) insert—

“(7A)

In the case of a person nominated by more than one nomination paper, the returning officer must take the particulars required by paragraphs (1) to (7) from such one of the papers as the candidate (or the returning officer in default of the candidate) may select.”.

(5)

In rule 31(7) (appointment of polling and counting officers), after “5th day” insert “(computed in accordance with rule 3)”.

(6)

In rule 70 (forms)—

(a)

in the list of forms, in the left hand-column, after the words “Form 6” insert “(in English and in Welsh)”;

(b)

in form 6 in English (nomination of candidates)—

(i)

in the box headed “voting area” after “(local authority)” insert “/(constituency)”;

(ii)

in the notes, after paragraph 4 insert—

“4A.

The voting area must be completed. This will be the local authority unless, in Wales, an ordinary PCC election is to be combined with a general election to the Welsh Assembly, in which case it will be the Assembly constituency.”;

(c)

after form 6 in English insert form 6 in Welsh in the Schedule to this Order;

(d)

in form 8B (ballot paper (2 candidates)), in paragraph 3(d) of the directions for printingf2, for “7 a-b” substitute “8”.

12Amendment of Schedule 4I1

(1)

Amend Schedule 4 (combination of polls) as follows.

(2)

In paragraph 16 (corresponding number lists: proceedings on issue and receipt of ballot papers combined), in paragraph (1) of inserted rule 19A for “paragraph 29” substitute “paragraph 29(1)”.

(3)

In paragraph 17 (corresponding number lists: proceedings on issue and receipt of ballot papers not combined), in inserted paragraph (A1) of rule 20 for “paragraph 29” substitute “paragraph 29(1)”.

(4)

In paragraph 35 (correction of errors on the day of the poll), after paragraph (2) of rule 45 insert—

“(3)

In paragraph (2) a reference to a “relevant election” includes a reference to the PCC election.”

Signature

Signed by the authority of the Chancellor of the Duchy of Lancaster

John Penrose

Minister for Constitutional Reform

Cabinet Office

3rd March 2016

Form of nomination of candidates in WelshI1

Explanatory note

(This note is not part of the Order)

This Order amends the Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917) (“2012 Order”) and the Police and Crime Commissioner Elections (Functions of Returning Officers) Regulations 2012 (S.I. 2012/1918) (“2012 Regulations”) for the most part to make provision for combination of police and crime commissioner elections with elections for the National Assembly for Wales. By virtue of article 16A of the National Assembly for Wales (Representation of the People) Order 2007 (S.I. 2007/236), where the polls at an ordinary police and crime commissioner election (“a PCC election”) and a general election of the Assembly are to be taken on the same day they must be taken together (or “combined”). Article 16A will be inserted by the National Assembly for Wales (Representation of the People) (Amendment) Order 2016.

Articles 3 to 6 amend the 2012 Order. The 2012 Order already makes provision for combination of PCC elections and various other elections and referendums and the provisions that apply to those combined elections and, in particular the modifications to the PCC elections rules, are set out in Schedule 4. Article 4 inserts new article 13A which applies those modified rules to combined PCC and Assembly elections, further modifying them where necessary (see below).

Article 5 amends paragraph 29 of Schedule 2 to the 2012 Order to enable the issue and receipt of postal ballot papers at a combined PCC and Assembly election to be taken together if the returning officers concerned agree. It also amends paragraph 59 to require a separate statement of the number of postal ballot papers issued to be completed (whether or not issue and receipt is taken together).

Article 6 inserts a new Part 5 in Schedule 4 to the 2012 Order (combination of polls). It applies Parts 3 and 4 of that Schedule, which modify the PCC elections rules, to combined PCC and Assembly elections with the further modifications set out in Part 5.

Articles 8 and 9 amend the 2012 Regulations. These Regulations confer functions on local returning officers in respect of the voting area for which they are the local returning officer. For Wales the voting areas (as provided for in regulation 2) are counties or county boroughs. Article 8 amends regulation 2 such that where there is to be a combined ordinary PCC election and general Assembly election, the voting areas for the purposes of the PCC elections in Wales are the Assembly constituencies. As an Assembly constituency may fall partly within one county or county borough and partly within another, article 9 inserts new regulation 2A to provide that the returning officer for that voting area (or constituency) is to be the local returning officer who is the constituency returning officer for that Assembly constituency.

Article 11 amends the PCC elections rules. Paragraph (2) amends the timetable to make specific provision for when objections to nominations may be made. Paragraphs (3)(b) and (4) both make provision for when a candidate is nominated by more than one nomination paper. The existing rules contain conflicting provisions and these amendments resolve those. A candidate may be nominated by more than one nomination paper, but where she or he is, the particulars to be included on the statement of persons nominated are those from the paper selected by the candidate, or in default of the candidate, the returning officer. Paragraph (5) amends rule 31 to make clear that the period of 5 days’ notice required to be given of the appointment of polling and counting officers is calculated so as to exclude weekends and public and bank holidays. Paragraph (6) amends the nomination form to reflect that a voting area may be an Assembly constituency where the polls at a PCC election and Assembly election are combined and also inserts a nomination form in Welsh.

Article 12 makes a consequential amendment to paragraphs 16 and 17 of Schedule 4 to reflect the further modifications made to those paragraphs by article 6.

An impact assessment has not been prepared for this instrument as no impact on the voluntary or private sectors is foreseen.