OpenLegislation

The Police and Crime Commissioner Elections Order 2012

S.I. 2012/1917 · Made 24 July 2012 · Extends to England and Wales

Not fully up to date. 3 changes made by later legislation have not yet been written into this text, which is revised to 1 April 2026.

See the changes not yet applied
ProvisionChangeMade by
Sch. 2 para. 20(8)(a)words substitutedData (Use and Access) Act 2025 (Consequential and Other Amendments) 2025 reg. 13(2)(a)
Sch. 2 para. 24(3)(a)words substitutedData (Use and Access) Act 2025 (Consequential and Other Amendments) 2025 reg. 13(2)(b)
Sch. 10 para. 5(3)(a)words substitutedData (Use and Access) Act 2025 (Consequential and Other Amendments) 2025 reg. 13(3)

Police, England And Wales

Made 24th July 2012

Coming into force in accordance with article 1(2)

This Order is made by the Secretary of State in exercise of the powers conferred by sections 58(1) and (5) and 154(5) of the Police Reform and Social Responsibility Act 2011M1.

The Secretary of State has consulted the Electoral Commission about this Order in accordance with section 7(2)(hc) of the Political Parties, Elections and Referendums Act 2000M2.

In accordance with section 154(2)(b) of the Police Reform and Social Responsibility Act 2011, a draft of this Order has been approved by a resolution of each House of Parliament.C1C2C3C4

Annotations to the whole text

Marginal citations

M1

2011 c.13 (“the 2011 Act”).

M2

2000 c.41. Section 7(2)(hc) was inserted by paragraph 11 of Schedule 10 to the 2011 Act.

Modifications

C1

Order modified (E.W.) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 13, Sch. 4 Pt. 2 paras. 8(1)(h), 38, 39

C2

Order modified (24.7.2014) by The Police and Crime Commissioner Elections (Amendment) (No. 2) Order 2014 (S.I. 2014/1963), arts. 1(3), 5-10

C3

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. 27

C4

Order applied (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 11 para. 6(3); S.I. 2023/1145, reg. 3(l)

Contents

  1. Part 1: General
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Meaning of “candidate”
  5. Part 2: Exercise of franchise for PCC elections
  6. Registration
  7. 3AProcedure for reviewing voter eligibility in PCC election in Wales
  8. 4Effect of register of electors
  9. 5Effect of misdescription
  10. 6Discharge of registration duties
  11. 7Payment of expenses of registration
  12. 8Effect of registration appeals
  13. Conduct of elections
  14. 9Supply of register of electors
  15. 10Polling districts and places at PCC elections
  16. 11Manner of voting at PCC elections
  17. 12Conduct of PCC elections
  18. 13Combination of polls
  19. 13ACombination of polls: Senedd Cymru
  20. 14Further provision about persons involved in conduct of PCC elections
  21. 15Validity of PCC election
  22. 16Loan of equipment for PCC elections
  23. Offences
  24. 17Personation
  25. 18Other voting offences
  26. 18AInfluencing voters at polling booths
  27. 19Breach of official duty
  28. 20Tampering with nomination papers, ballot papers etc
  29. 21False statements in nomination papers etc
  30. 22Requirement of secrecy
  31. 23Prohibition on publication of exit polls
  32. Part 3: The election campaign
  33. Registration, funding and expenditure of political parties and others
  34. 24Amendment of Political Parties, Elections and Referendums Act 2000
  35. 25Amendment of section 62 of the Electoral Administration Act 2006
  36. The election agent
  37. 26Appointment of election agent
  38. 27Nomination of sub-agent
  39. 28Office of election agent and sub-agent
  40. 29Effect of default of election agent's appointment
  41. Donations to candidates
  42. 30Control of donations to candidates
  43. Candidate election expenses
  44. 31Payment of candidate election expenses through election agent
  45. 32Candidate election expenses which may be paid otherwise than by election agent
  46. 33Candidate election expenses incurred otherwise than for election purposes
  47. 34Prohibition of candidate election expenses not authorised by election agent
  48. 35Limitation of candidate election expenses
  49. 36Power to vary provisions about candidate election expenses
  50. 37Time for sending in and paying claims
  51. 38Disputed claims
  52. 39Election agent's claim
  53. 40Return as to candidate election expenses
  54. 41Declarations as to candidate election expenses
  55. 42Circumstances in which no return or declaration required
  56. 43Penalty for failure as respects return or declarations
  57. 44Disqualification where no return and declarations transmitted after PCC election
  58. 45Authorised excuses for failures as to return and declarations
  59. 46Court's power to require information from election agent or sub-agent
  60. 47Police area returning officer to forward returns and declarations to the Commission
  61. 48Publication of time and place for inspection of returns and declarations
  62. 49Inspection of returns and declarations
  63. 50Meaning of “election expenses”
  64. 51Property, goods, services etc provided free of charge or at a discount
  65. Publicity
  66. 52Publication of election addresses of candidates
  67. 53Broadcasting from outside United Kingdom
  68. 54Broadcasting of local items during election
  69. 55Imitation poll cards
  70. Election meetings
  71. 56Schools and rooms for PCC election meetings
  72. 57Making arrangements for the purposes of article 56
  73. 58Disturbances at election meetings
  74. Agency by election officials and canvassing by police officers
  75. 59Officials not to act for candidates
  76. 60Illegal canvassing by police officers
  77. Other illegal practices, payments or employments
  78. 61False statements as to candidates
  79. 62Corrupt withdrawal from candidature
  80. 63Payments for exhibition of election notices
  81. 64Details to appear on election publications
  82. 65Prohibition of paid canvassers
  83. 66Providing money for illegal purposes
  84. Bribery, treating and undue influence
  85. 67Bribery
  86. 68Treating
  87. 69Undue influence
  88. Supplemental
  89. 70Rights of creditors
  90. 71Savings as to PCC elections
  91. 72Interpretation of Part 3
  92. 73Computation of time for purposes of Part 3
  93. Part 4: Legal Proceedings
  94. 74Application to PCC elections of existing provisions about legal proceedings
  95. 75Persons reported personally guilty of corrupt and illegal practices
  96. 76Avoidance of election for employing corrupt agent
  97. 77Incapacities on conviction of corrupt or illegal practice
  98. 78Incapacity to hold public or judicial office: Scotland
  99. Part 5: Miscellaneous and supplemental
  100. 79Duty to notify appropriate officer of failure of PCC election
  101. 80Consequences where PCC election fails or is declared void
  102. 81Validity of acts where PCC election declared void
  103. 82Access to marked registers and other documents open to public inspection after an election
  104. 83Advertisements
  105. 84Forms
  106. 85Translations etc of certain documents
  107. 86Public notices and declarations
  108. 87Sending of applications and notices; electronic signatures and related certificates
  109. 88Publication of documents
  110. 89Interference with notices
  111. Signature
  112. Schedule A1: Procedure for reviewing voter eligibility in PCC election in Wales
  113. 1Interpretation
  114. 2Procedure for reviewing eligibility of relevant persons to vote in PCC elections in Wales
  115. 3Hearings of reviews
  116. 4Eligibility appeals
  117. Schedule 1: Supply of register
  118. 1Supply of free copy of register for electoral purposes and restrictions on use
  119. 2Supply on request and specific restrictions
  120. 3Supply of register etc to police and crime commissioner and restrictions on use
  121. 4Supply of register etc to candidates and restrictions on use
  122. 5Supply of register etc to certain candidates and restrictions on use
  123. Schedule 2Absent voting in PCC elections
  124. Part 1: Manner of voting at PCC election and entitlement to absent vote
  125. 1Manner of voting at PCC elections
  126. 2Entitlement to absent vote at PCC elections
  127. 3Application to vote by post or proxy at a particular PCC election
  128. 4Absent voter lists
  129. 5Proxies at PCC elections: appointment
  130. 6Proxies at PCC elections: entitlement to vote
  131. 7Voting as proxy
  132. 8Use of personal identifier information
  133. 9Offences as to declarations or forms used for purposes of postal and proxy vote applications
  134. 9AOffence of handling postal voting documents by political campaigners
  135. 10Other offences as to postal and proxy vote applications
  136. Part 2: Applications for absent vote
  137. 10AInterpretation
  138. 11General requirements for applications for absent vote
  140. Additional requirements for certain applications
  141. 12Additional requirements: applications where address for ballot papers differs from address in application
  142. 13Additional requirements: applications for ballot papers to be sent to different address from address in record
  143. 14Additional requirements: applications for the appointment of a proxy in respect of a particular PCC election
  144. 14AAdditional requirements: applications for the appointment of a proxy on grounds relating to voter identification
  145. 15Additional requirements referred to in paragraph 14(4)
  146. 15AAdditional requirements referred to in paragraph 14(5A)
  147. 15BAdditional requirements for an application under paragraph 3(2) for a proxy vote: grounds related to voter identification
  149. Determination of applications
  150. 16Closing date for applications
  151. 16AGrounds relating to voter identification
  152. 16BVerification of information provided in an application for absent vote
  153. 16CPower to request additional evidence in relation to absent vote applications where registration officer considers it necessary
  154. 16DProcessing of information provided in connection with an application for an absent vote
  155. 17Grant or refusal of applications
  157. Changes affecting proxy votes
  158. 18Cancellation of proxy appointment
  160. Evidence of entitlement to absent vote
  161. 19Marked register for polling stations
  162. 20Absent voting lists: supply of copies etc
  163. 21Absent voting lists: inspection
  164. 22Supply and inspection of absent voting lists: general provisions
  165. 23Restrictions on supply and disclosure of absent voter records or lists
  166. 24Restriction on use of absent voter records or lists or the information contained in them
  167. 25Supply and inspection of absent voting lists: offences
  168. 26The personal identifiers record
  169. 27Applications requiring applicants' signature
  170. Part 3: Issue and receipt of ballot papers
  171. 28Interpretation
  173. Issue of postal ballot papers etc
  174. 29Combination of polls
  175. 30Form of postal voting statement...
  176. 31Persons entitled to be present at proceedings on issue of postal ballot papers
  177. 32Persons entitled to be present at proceedings on receipt of postal ballot papers
  178. 33Agents of candidates who may attend proceedings on receipt of postal ballot papers
  179. 34Notification of requirement of secrecy
  180. 35Time when postal ballot papers etc. are to be issued
  181. 36Procedure on issue of postal ballot paper
  182. 37Refusal to issue postal ballot paper
  183. 38Envelopes
  184. 39Sealing up of completed corresponding number lists and security of special lists
  185. 40Delivery of postal ballot papers
  186. 41Spoilt postal ballot papers
  187. 42Lost postal ballot papers
  188. 42ACancellation of postal ballot papers
  190. Receipt of postal ballot papers etc
  191. 43Alternative means of returning postal ballot paper or postal voting statement
  192. 43ARequirements of return of postal voting documents form
  193. 43BRejection of postal voting documents handed in at a polling station
  194. 43CProcedure for dealing with rejected postal voting documents handed in at a polling station
  195. 43DPostal voting documents left behind at a polling station
  196. 44Notice of opening of postal ballot paper envelopes
  197. 45Postal ballot boxes and receptacles
  198. 46Receipt of covering envelope
  199. 46APostal voting documents handed in to the returning officer
  200. 46BRejection of postal voting documents handed in to the returning officer
  201. 46CProcedure for dealing with rejected postal voting documents handed in to the returning officer
  202. 46DPostal voting documents left behind with the returning officer
  203. 46EOpening of delivered or collected packets of postal voting documents
  204. 47Opening of postal voters' ballot box
  205. 48Opening of covering envelopes
  206. 49Confirming receipt of postal voting statements
  207. 50Procedure in relation to postal voting statements Repealed
  208. 51Procedure in relation to postal voting statements: personal identifier verification
  209. 52Postal voting statements: additional personal identifier verification Repealed
  210. 53Opening of ballot paper envelopes
  211. 54Retrieval of cancelled postal ballot papers
  212. 55Lists of rejected postal ballot papers or other postal voting documents
  213. 56Checking of lists of rejected ballot papers
  214. 57Sealing of packets
  215. 58Abandoned poll
  216. 59Forwarding of documents
  217. 59ANotification of a rejected postal voting document
  218. 59BRequirement to provide fresh signatures following rejection of a postal voting statement
  219. Part 4: Forms referred to in Parts 1 to 3 of this Schedule
  220. 60Forms
  221. Schedule 3Rules for the conduct of PCC elections where poll not taken together with poll at another election
  222. Part 1: Rules for all PCC elections
  223. Chapter: GENERAL PROVISIONS
  224. 1Timetable
  225. 2Modification of timetable for the ordinary election in 2012 Repealed
  226. 3Computation of time
  227. Part 2: Stages common to contested and uncontested elections
  228. Chapter: NOTICE OF ELECTION
  229. 4Notice of PCC election
  230. Chapter: NOMINATION OF CANDIDATES
  231. 5Nomination of candidates
  232. 6Nomination papers: name of registered political party
  233. 7Subscription of nomination paper
  234. 8Consent to nomination
  235. 9Deposit
  236. 10Place for delivery of nomination papers and right to attend nomination
  237. 11Decisions as to validity of nomination papers
  238. 12Correction of minor errors
  239. 13Publication of statement of persons nominated
  240. 14Local publication of statement under rule 13
  241. 15Withdrawal of candidates
  242. 16Nomination in more than one police area
  243. Chapter: METHOD OF ELECTION
  244. 17Method of election: contested and uncontested election
  245. Part 3: Contested PCC elections
  246. Chapter: GENERAL PROVISIONS
  247. 18Poll to be taken by ballot
  248. 19The ballot papers
  249. 20Corresponding number list
  250. 21The official mark
  251. 22Prohibition of disclosure of vote
  252. 23Use of schools and public rooms
  253. Chapter: ACTION TO BE TAKEN BEFORE THE POLL
  254. 24Notice of poll
  255. 25Postal ballot papers
  256. 26Provision of polling stations
  257. 27Appointment of presiding officers and polling clerks
  258. 28Issue of official poll cards
  259. 29Equipment of polling stations
  260. 30Notices for the guidance of voters
  261. 31Appointment of polling and counting agents
  262. 32Notification of requirement of secrecy
  263. 33Return of postal ballot papers
  264. Chapter: THE POLL
  265. 34Admission to polling stations
  266. 35Keeping of order in polling station
  267. 36Sealing of ballot boxes
  268. 37Questions to be put to voters
  269. 38Challenge of voter
  270. 39Voting procedure
  271. 40Votes marked by the presiding officer
  272. 41Voting by persons with disabilities
  273. 42Tendered ballot papers: circumstances where available
  274. 43Tendered ballot papers: general provisions
  275. 43ARefusal to deliver ballot paper
  276. 44Spoilt ballot papers
  277. 45Correction of errors on the day of the poll
  278. 46Adjournment of poll in case of riot
  279. 47Procedure on close of poll
  280. Chapter: COUNTING OF VOTES
  281. Verification of ballot paper accounts
  282. 48Attendance at verification
  283. 49Procedure at verification of ballot paper accounts
  284. 50Additional steps: verification and count carried out at different places
  285. The ... count
  286. 51Attendance at the ... count
  287. 52The ... count
  288. 53Rejected ballot papers
  289. 54Re-count
  290. 55Direction to conduct a re-count
  291. 56Decisions on ballot papers
  292. 57Procedure at conclusion of the ... count
  293. The central calculation
  294. 58Attendance at the central calculation
  295. 59The ... calculation and resolution of equality
  296. Part 4: Further provision: three or more candidates
  297. 60Counting of second preference votes Repealed
  298. 61The second calculation and resolution of equality Repealed
  299. Part 5: Final proceedings in contested and uncontested elections
  300. 62Declaration of result
  301. 63Return or forfeiture of candidate's deposit
  302. 64Destruction of home address forms
  303. Part 6: Disposal of documents
  304. 65Sealing up of ballot papers
  305. 66Delivery of documents
  306. 67Orders for production of documents
  307. 68Retention of documents by relevant registration officer
  308. Part 7: Death of candidate
  309. 69Countermand or abandonment of poll on death of a candidate
  310. Part 8: Forms referred to in Parts 1 to 7 of this Schedule
  311. 70Forms
  312. Schedule 4: Combination of polls
  313. Part 1: Application to PCC elections of existing provisions in Acts
  315. Representation of the People Act 1985
  316. 1Paragraph 1
  317. Part 2: Amendment of existing provisions in secondary legislation
  319. ...
  320. 2Paragraph 2 Repealed
  322. The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004
  323. 3Paragraph 3
  324. 4Paragraph 4
  325. 5Paragraph 5
  326. 6Paragraph 6
  327. 7Paragraph 7
  328. 8Paragraph 8
  329. 9Paragraph 9
  331. The Local Elections (Principal Areas) (England and Wales) Rules 2006
  332. 10Paragraph 10
  334. The Local Elections (Parishes and Communities) (England and Wales) Rules 2006
  335. 11Paragraph 11
  337. The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007
  338. 12Paragraph 12
  339. Part 3: Modifications to PCC elections rules
  340. 13Paragraph 13
  341. Chapter: GENERAL PROVISIONS
  342. 14Computation of time
  343. Chapter: CONTESTED PCC ELECTIONS: GENERAL PROVISIONS
  344. 15The ballot papers
  345. 16Corresponding number lists: proceedings on issue and receipt of ballot papers combined
  346. 17Corresponding number lists: proceedings on issue and receipt of ballot papers not combined
  347. 18Use of schools and public rooms
  348. Chapter: ACTION TO BE TAKEN BEFOR0E THE POLL
  349. 19Notice of poll
  350. 20Postal ballot papers
  351. 21Provision of polling stations
  352. 22Appointment of presiding officers and polling clerks
  353. 23Issue of official poll cards
  354. 24Equipment of polling stations
  355. 25Notices for the guidance of voters
  356. 26Appointment of polling and counting agents
  357. 27Notification of requirement of secrecy
  358. 28Return of postal ballot papers
  359. Chapter: CONTESTED PCC ELECTIONS: THE POLL
  360. 29Admission to polling station
  361. 30Keeping of order in polling station
  362. 31Voting procedure
  363. 32Votes marked by the presiding officer
  364. 33Voting by persons with disabilities
  365. 34Tendered ballot papers: general provisions
  366. 35Correction of errors on the day of the poll
  367. 36Adjournment of poll in case of riot
  368. 37Procedure on close of the poll
  369. Chapter: COUNTING OF VOTES
  370. 38Attendance at verification
  371. 39Procedure at verification of ballot paper accounts
  372. 40Additional steps: verification and count carried out at different places
  373. 41Attendance at the ... count
  374. 42The ... count
  375. 43Sealing up of ballot papers
  376. 44Delivery of documents
  377. Part 4: Forms referred to in Part 3 of this Schedule
  378. 45Forms
  379. Part 5: Application of Parts 3 and 4 to PCC elections combined with Senedd elections
  380. 46Introduction
  381. 47Modification of paragraph 13 (interpretation)
  382. 48Modification of paragraphs 16 and 17 (corresponding number lists)
  383. 49Modification of paragraph 19 (notice of poll)
  384. 49AModification of paragraph 23 (issue of official poll cards)
  385. 50Modification of paragraph 35 (correction of errors on day of the poll)
  386. 51Modification of paragraph 42 (the ... count)
  387. 52Countermand or abandonment of poll on death of candidate
  388. Schedule 5: Control of donations to candidates
  389. Part 1: Introductory
  391. Operation and interpretation of Schedule
  392. 1Paragraph 1
  394. Donations: general rules
  395. 2Paragraph 2
  397. Sponsorship
  398. 3Paragraph 3
  400. Payments etc not to be regarded as donations
  401. 4Paragraph 4
  403. Value of donations
  404. 5Paragraph 5
  405. Part 2: Controls on donations
  407. Prohibition on accepting donations from impermissible donors
  408. 6Paragraph 6
  410. Acceptance or return of donations
  411. 7Paragraph 7
  413. Transfer of donations received by candidate to election agent
  414. 8Paragraph 8
  416. Evasion of restrictions on donations
  417. 9Paragraph 9
  418. Part 3: Reporting of Donations
  420. Statement of relevant donations
  421. 10Paragraph 10
  423. Donations from permissible donors
  424. 11Paragraph 11
  426. Donations from impermissible donors
  427. 12Paragraph 12
  428. Schedule 6: Return and declarations as to candidate election expenses
  429. 1Paragraph 1
  430. Schedule 7: Candidate election expenses
  431. Part 1: List of Matters
  432. 1Paragraph 1
  433. 2Paragraph 2
  434. 3Paragraph 3
  435. 4Paragraph 4
  436. 5Paragraph 5
  437. 6Paragraph 6
  438. Part 2: General Exclusions
  439. 7Paragraph 7
  440. 7AParagraph 7A
  441. 8Paragraph 8
  442. 9Paragraph 9
  443. 10Paragraph 10
  444. 11Paragraph 11
  445. 12Paragraph 12
  446. 13Paragraph 13
  447. 14Paragraph 14
  448. 14AParagraph 14A
  449. Part 3: Supplemental
  450. 15Paragraph 15
  452. Power to amend Parts 1 and 2
  453. 16Paragraph 16
  454. Schedule 8: Election addresses of candidates
  455. Part 1: Requirements as to election addresses and website
  456. 1Interpretation
  457. 2Deadline for submission of election addresses to police area returning officer
  458. 3Content of election address to be determined by candidate
  459. 4Preparation and submission of election address
  460. 5Content of election address
  461. 6Formatting and length of election address
  462. 7Duty of police area returning officer in relation to election address
  463. 8Deadline for submission of election addresses to Secretary of State
  464. 9Candidate's right to comment in advance on the election address in template form
  465. 10Election addresses included in the website
  466. 11Liability for election addresses
  467. 12The website
  468. 13Request for printed version of election addresses
  469. 2Form in which election address to be submitted
  470. Schedule 9: Application to PCC elections of existing provisions about legal proceedings
  471. Part 1: Representation of the People Act 1983
  472. 1Paragraph 1
  473. Part 2: Election Petition Rules 1960
  474. 2Paragraph 2
  475. Schedule 10: Access to marked registers and other documents open to public inspection after an election
  476. 1Interpretation of this Schedule
  477. 2Supply of marked registers and lists after an election
  478. 3Inspection of documents open to public inspection
  479. 4Restrictions on use, supply and disclosure of documents by registration officer and staff
  480. 5Other restrictions on use of documents or information contained in them
  481. 6Calculating the fee for supply of marked registers or lists
  482. 7Failure to comply with conditions relating to supply etc of certain documents
  483. Explanatory note