Schedule 2 Modifications of Acts and Statutory InstrumentI1C1

Table 1

The Representation of the People Act 1983

In subsection (1)—

1. (a)

   after “county councillors” insert “or elected mayors of county councils,” and

2. (b)

   after “district councillors”, insert “or elected mayors of London borough or district councils”.

In subsection (1A), after “county borough councillors”, insert “or elected mayors of county or county borough councils,”.

In subsection (1)—

1. (a)

   after “councillors of the county”, insert “and elected mayors of the county council”; and

2. (b)

   after “councillors of the district”, insert “and elected mayors of the district council”.

In subsection (1A), in paragraph (a), after “councillors of the county or county borough”, insert “and elected mayors of the county or county borough council”.

In subsection (3) in paragraph (a), after “such a councillor,” insert “or the election of an elected mayor of a district council”.

In subsection (3AC), in paragraph (a), after “such a councillor”, insert “or the election of an elected mayor of the council of a county in England in which there are no district councils”.

In subsection (4), after “a London borough)” insert “or the election of an elected mayor of the council of such an area,”.

In subsection (6), after “England”, insert “or at an election of an elected mayor of the council of any such area,”.

In subsection (2), after “other reason”, insert “a mayoral election or”.

In subsection (5), in paragraph (a), after “section 36 or section 36A above”, insert “or, in the case of a mayoral election, regulations under section 9HE of the 2000 Act,”.

In subsection (6), in paragraph (a)—

1. (a)

   in sub-paragraph (i), after “section 36A)” insert “or under Part 1A of the 2000 Act (and the regulations under section 9HE of that Act)”, and

2. (b)

   omit “, or, as the case may be, the district council, or Welsh county or county borough council,”.

In subsection (1), after “the 1999 Act”, insert “or F2regulations under section 9HE or 44 of the 2000 Act”.

In subsection (2), after “the 1999 Act” insert “and (in the case of a mayoral election) regulations under section 9HE or 44 of the 2000 Act”.

In subsection (3)—

1. (a)

   after “section 36 above”, insert “or regulations under section 9HE or 44 of the 2000 Act”; and

2. (b)

   after “such rules” (in both places) and “those rules”, insert “or regulations (as the case may be)”.

In subsection (2)—

1. (a)

   omit paragraph (b); and

2. (b)

   for “those Acts”, substitute “that Act or F4Part 1A or Part II of the 2000 Act”.

In subsection (1), after “section 42 above”, insert “or regulations under section 9HE or 44 of the 2000 Act”.

In paragraph (c)—

1. (a)

   after “this Part of this Act”, insert “(as applied for the purposes of mayoral elections), and regulations under section 9HE or 44 of the 2000 Act”; and

2. (b)

   omit “and the parliamentary elections rules,”.

In subsections (1) and (4), after “this Act”, insert “(including any such functions in relation to mayoral elections)”.

In subsection (1) after “this Act”, at the first place where these words appear, insert “(including any such functions in relation to mayoral elections)”.

After subsection (5) insert—

“(5A)

Where this subsection applies, a report prepared in accordance with subsection (4) must also include the effect of the mayoral election corresponding requirements on applications made under the provisions of rules made under section 9HE of the Local Government Act 2000 corresponding to rules 37(1), 38(1), 39(1) and 40(1) of the parliamentary elections rules.

(5B)

Subsection (5A) applies in respect of an election of a local authority mayor where—

(a)

the day of poll for that election is the same day as the poll for the ordinary elections of councillors described in subsection (4),

(b)

the election relates to a local government area to which the duty in subsection (4) otherwise applies, and

(c)

the timing of that election is determined in accordance with regulations 3, 4 or 7 of the Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) Regulations 2012 (timing of elections of mayors other than elections resulting from casual vacancies).

(5C)

In subsection (5A), “mayoral election corresponding requirements” means the requirements corresponding to the voter identification requirements that have effect in relation to mayoral elections in England by virtue of rules made under section 9HE of the Local Government Act 2000.”.

In subsection (6), after paragraph (b) insert—

“(c)

in the case of a report under subsection (4) to which subsection (5A) applies, information provided to the Secretary of State under any provision of rules made under section 9HE of the Local Government Act 2000 corresponding to rule 40B of the parliamentary elections rules.”

In subsection (2), in paragraph (a)—

1. (a)

   in sub-paragraph (ii), after “councillors” insert “or a mayoral election”; and

2. (b)

   in sub-paragraph (iii), after “ordinary election”, insert “or mayoral election”.

In subsection (3) in paragraph (a) (ii) after “councillors”, insert “or at a mayoral election”.

In subsection (6A)^f8, for “rule 40 (1ZC) or (1ZE) of the parliamentary elections rules”, substitute “rule 40 (4) or (6) of the Mayoral Elections Rules”.

In subsection (2)—

1. (a)

   after “this Act”, where it first appears, insert “or, in the case of a mayoral election, such of the provisions of this Act as are applied by regulations under section 9HE or 44 of the 2000 Act,”; and

2. (b)

   after “this Act”, in the second place, insert “or, in the case of a mayoral election, any applicable provision of this Act,”.

F6For subsection (2) substitute—

“(2)

That maximum amount is—

(a)

for mayoral elections in England, £3,040 together with an additional 8p for every entry in the register of electors to be used at the election;

(b)

for mayoral elections in Wales, £2,362 together with an additional 5.9p for every entry in the register of electors to be used at the election.”.

Section 85 (penalty for “sitting or voting” where no return and declarations transmitted)^f11

In subsection (1)—

1. (a)

   for “an election of the Mayor of London” substitute “a mayoral election”; and

2. (b)

   for “Mayor of London”, in the second place, substitute “elected mayor”.

Section 87A (duty of appropriate officer to forward returns and declarations to Electoral Commission).

In subsection (2)—

1. (a)

   after “section 36” insert “above, or regulations made under section 44 of the 2000 Act”; and

2. (b)

   after “the rules”, insert “or, as the case may be, the regulations”.

In subsection (1), after “section 36”, insert “above, or regulations made under section 44 of the 2000 Act”.

In subsection (2), in paragraph (b), after “section 36”, insert “above, or regulations made under section 44 of the 2000 Act”.

In subsection (1), in paragraph (b), after “section 36”, insert “above, or regulations made under section 44 of the 2000 Act”.

In subsection (3), after “local government Act”, insert “or at an election for a mayor under the 2000 Act”.

F7In subsection (6), insert after paragraph (b)—

“(ba)

F8“In the case of a mayoral election in Wales in the case of an election for a mayor under the 2000 Act, must have printed at the top of the list of candidates the words “Vote (x) for one candidate only” if there are only two candidates, or the words “Vote once (x) in column 1 for your first choice, and Vote once (x) in column 2 for your second choice” if there are more than two candidates;”.”.

In subsection (1)—

1. (a)

   after the definition of “the 1999 Act”, insert, ““the 2000 Act” means the Local Government Act 2000;”

2. (b)

   in the definition of “local government election”, at the end of paragraph (b), insert “or (c) any mayoral election;” and

3. (c)

   after the definition of “London member”, insert—

   • ““mayoral election” means the election of an elected mayor under F9Part 1A or Part II of the 2000 Act.”.

In subsection (1A), at the end, insert “or a mayoral election”.

In subsection (2), in paragraph (b), after “Authority elections”, insert “or mayoral elections”.

Table 2

F11In subsection (1), at the end of paragraph (b), insert—

“or,

(d)

a mayoral election and an election of one or more of the descriptions specified in paragraph (b),”.

Omit F12subsection (5).

Table 3

The Representation of the People Act 2000^f20

In paragraph 1, in sub-paragraph (1)—

1. (a)

   in the definition of “the appropriate rules”, at the end of paragraph (b), insert “and (c) in the case of a mayoral election, the Mayoral Elections Rules, within the meaning of the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007”;

2. (b)

   in the definition of “local government election”, at the end insert “and includes a mayoral election”; and

3. (c)

   after that definition, insert the following definition—

   • ““mayoral election” means an election under regulations under section 9HE or 44 of the Local Government Act 2000;”.

In paragraph 2, in sub-paragraph (6A)^f21 for “rule 40(1ZC) or (1ZE) of the parliamentary elections rules”, substitute “rule 40(4) or (6) of the Mayoral Elections Rules”.

In paragraph 7, in sub-paragraph (10)^f22 for “rule 40(1ZC) or (1ZE) of the parliamentary elections rules”, substitute “rule 40(4) or (6) of the Mayoral Elections Rules”.

Table 4

The Representation of The People (England and Wales) Regulations 2001^f23

At the end of paragraph (2)(b) insert—

“, or

(c)

the corresponding rule in the regulations made under section 44 of the 2000 Act in the case of a mayoral election.”.

At the end of paragraph (4), insert—

“(5)

A reference in these Regulations to a local government election shall, except in paragraph (2)(b) above, include a mayoral election under F14Part 1A or Part 2 of the 2000 Act.”

At the end of the definition of “Schedule 4” insert “as modified by Schedule 2 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007.”

At the appropriate place, insert—

“candidates” includes a candidate at a mayoral election under F15Part 1A or Part 2 of the 2000 Act;”.

F16In paragraph (1), after sub-paragraph (b) insert—

“, or

(c)

subsection (3), (3AB) or (3AC), as modified by Schedule 2 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007,”.

In paragraph (1), in sub-paragraph (b), after paragraph (i) insert—

“(ia) rule 47(5)(a) of the Mayoral Elections rules.”.

Table 5

In subsection (10)—

1. (a)

   in paragraph (a) in the definition of “local government election” at the end insert “and includes a mayoral election under regulations made under section 44 of the Local Government Act 2000”;

2. (b)

   for paragraph (b) substitute—

   “(b)

   a reference to the area of a local authority means a county, county borough, London borough or district.”.

In paragraph (12), at the end insert “subject to modifications made by regulations made under section 44 of the 2000 Act.”.

In paragraph (9) at the end, insert—

“(g)

mayoral elections under regulations made under section 44 of the 2000 Act.”.