OpenLegislation

Paragraph 62 Declaration of result

England and Wales

(1)

In a contested election, the police area returning officer must declare to be elected as police and crime commissioner for the police area the candidate who—

(a)

in accordance with section 57(2) of the 2011 Act (F1voting at elections of police and crime commissioners) is to be returned as the commissioner;

F2(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

The police area returning officer must give public notice of—

(a)

the name of the person declared to be elected and the person's authorised description, if any, under rule 6(1) or (3),

(b)

the total number of F3... votes given for each candidate,

(c)

the number of rejected ballot papers under each head shown in the statement of rejected ballot papers F4(53(7)),

F5(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

In an uncontested election, the police area returning officer must as soon as practicable after the latest time for the delivery of notices of withdrawals of candidature—

(a)

declare to be elected the candidate remaining validly nominated, and

(b)

give public notice of the name of the person declared to be elected and the person's authorised description, if any, under rule 6(1) or (3).

(4)

The police area returning officer must send a copy of the notice given under paragraph (2) or (3) to—

(a)

the F6Secretary of State, and

(b)

the local returning officer.

(5)

As soon as practicable after receipt of the copy of the notice under paragraph (4)(b), the local returning officer must give public notice of it at a place within the voting area for which the officer acts.

Annotations

Textual amendments

F1

Words in Sch. 3 rule 62(1)(a) substituted (21.12.2022) (with application in accordance with art. 1(2) of the amending S.I.) by The Police and Crime Commissioner Elections and Welsh Forms (Amendment) Order 2022 (S.I. 2022/1354), art. 5(13)(a)(i)

F2

Sch. 3 rule 62(1)(b) omitted (21.12.2022) (with application in accordance with art. 1(2) of the amending S.I.) by virtue of The Police and Crime Commissioner Elections and Welsh Forms (Amendment) Order 2022 (S.I. 2022/1354), art. 5(13)(a)(ii)

F3

Words in Sch. 3 rule 62(2)(b) omitted (21.12.2022) (with application in accordance with art. 1(2) of the amending S.I.) by virtue of The Police and Crime Commissioner Elections and Welsh Forms (Amendment) Order 2022 (S.I. 2022/1354), art. 5(13)(b)(i)

F4

Word in Sch. 3 rule 62(2)(c) substituted (21.12.2022) (with application in accordance with art. 1(2) of the amending S.I.) by The Police and Crime Commissioner Elections and Welsh Forms (Amendment) Order 2022 (S.I. 2022/1354), art. 5(13)(b)(ii)

F5

Sch. 3 rule 62(2)(d) omitted (21.12.2022) (with application in accordance with art. 1(2) of the amending S.I.) by virtue of The Police and Crime Commissioner Elections and Welsh Forms (Amendment) Order 2022 (S.I. 2022/1354), art. 5(13)(b)(iii)

F6

Words in Sch. 3 para. 62(4)(a) substituted (8.12.2021) by 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. 30(3)(g) (with art. 12)