Explanatory note

This Order amends the Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917) (“the 2012 Order”). Its main purpose is to make equivalent amendments to candidate expenses provisions for Police and Crime Commissioners’ (“PCC”) elections as the amendments made in respect of other elections by sections 20 to 22 of the Elections Act 2022 (c. 37). The Order also updates the list of qualifying welfare benefits in relation to certain proxy voting applications for PCC elections.

Article 2(2) makes changes to article 31 of the 2012 Order to allow authorised spending to be paid for by a person who is authorised by the candidate’s election agent to incur such expenditure rather than requiring payment to be made by the candidate’s election agent.

Article 2(3) clarifies that candidates only need to report benefits in kind as candidate election expenses which they have actually used, or which they or their election agent have directed, authorised or encouraged someone else to use on the candidate’s behalf.

Article 2(4) adds two further types of welfare benefits into the list of benefits mitigating the need for an attestation to be included with an application for the appointment of a proxy in respect of a particular PCC election.

Article 2(5) amends the scope of the code of practice under paragraph 15 of Schedule 7 to the 2012 Order about candidate election expenses at PCC elections so that the code can cover the application of the rules in relation to expenses incurred. Article 2(5) also provides that the order appointing the coming into force date of the code is to be made by statutory instrument.

Article 3 sets out the savings provisions so that certain amendments made by article 2 do not have effect in relation to certain activities undertaken before the day on which this Order comes into effect.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary, or public sectors is foreseen.