Legalize / United Kingdom / Statutory-Instrument

The Police and Crime Commissioner Elections Order 2012

Type Statutory-Instrument

Publication 2012-07-24

Last updated 2026-02-05

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(1) In this Part “election expenses” in relation to a candidate at a PCC election means (subject to paragraph (2) and article 51) any expenses incurred at any time in respect of any matter specified in Part 1 of Schedule 7 which is used for the purposes of the candidate's election after the date when the candidate becomes a candidate at the election.

(2) No election expenses are to be regarded as incurred by virtue of paragraph (1) or article 51 in respect of any matter specified in Part 2 of Schedule 7.

(3) In this article and in article 51, “for the purposes of the candidate's election” means with a view to, or otherwise in connection with, promoting or procuring the candidate's election at the election.

(4) For the purposes of this Part, election expenses are incurred by or on behalf of a candidate at a PCC election if they are incurred—

(a) by the candidate or the candidate's election agent, or

(b) by any person authorised by the candidate or the candidate's election agent to incur expenses.

(5) A reference in this Part to a candidate at an election, in relation to election expenses, includes (where the context allows) a reference to a person who becomes a candidate at the election after the expenses are incurred.

(6) In this Part and in Part 3 of the 1983 Act, as applied by paragraph 1 of Schedule 9, any reference (in whatever terms) to promoting or procuring a candidate's election at an election includes doing so by prejudicing the electoral prospects of another candidate at the election.

(7) Schedule 7 has effect.

Property, goods, services etc provided free of charge or at a discount

51

(1) This article applies where, in the case of a candidate at a PCC election—

(a) either—

(i) property or goods is or are transferred to the candidate or the candidate's election agent free of charge or at a discount of more than 10 per cent. of the market value of the property or goods, or

(ii) property, goods, services or facilities is or are provided for the use or benefit of the candidate free of charge or at a discount of more than 10 per cent of the commercial rate for the use of the property or for the provision of the goods, services or facilities, and

(b) the property, goods, services or facilities is or are made use of by or on behalf of the candidate in circumstances such that, if any expenses were to be (or are) actually incurred by or on behalf of the candidate in respect of that use, they would be (or are) election expenses incurred by or on behalf of the candidate.

(1A) For the purposes of paragraph (1)(b), property, goods, services or facilities is or are made use of on behalf of a candidate only if their use on behalf of the candidate is directed, authorised or encouraged by the candidate or the candidate’s election agent.

(2) Where this article applies, and subject to Part 2 of Schedule 7—

(a) an amount of election expenses determined in accordance with this article (“the appropriate amount”) is to be treated, for the purposes of this Part, as incurred by the candidate, and

(b) the candidate's election agent must make a declaration of that amount,

unless that amount is not more than £50.

(3) Where paragraph (1)(a)(i) applies, the appropriate amount is such proportion of either—

(a) the market value of the property or goods (where the property or goods is or are transferred free of charge), or

(b) the difference between the market value of the property or goods and the amount of expenses actually incurred by or on behalf of the candidate in respect of the property or goods (where the property or goods is or are transferred at a discount),

as is reasonably attributable to the use made of the property or goods as mentioned in paragraph (1)(b).

(4) Where paragraph (1)(a)(ii) applies, the appropriate amount is such proportion of either—

(a) the commercial rate for the use of the property or the provision of the goods, services or facilities (where the property, goods, services or facilities is or are provided free of charge), or

(b) the difference between that commercial rate and the amount of expenses actually incurred by or on behalf of the candidate in respect of the use of the property or the provision of the goods, services or facilities (where the property, goods, services or facilities is or are provided at a discount),

as is reasonably attributable to the use made of the property, goods, services or facilities as mentioned in paragraph (1)(b).

(5) Where the services of an employee are made available by the employer for the use or benefit of a candidate, then for the purposes of this article the commercial rate for the provision of those services is to be taken as being the amount of the remuneration and allowances payable to the employee by the employer in respect of the period for which the employee's services are so made available (but this does not include any amount in respect of any contributions or other payments for which the employer is liable in respect of the employee).

(6) In this article “market value”, in relation to any property or goods, means the price which might reasonably be expected to be paid for the property or goods on a sale in the open market; and paragraph 2(6)(a) of Schedule 5 applies with any necessary modifications for the purpose of determining, for the purposes of paragraph (1), whether property or goods is or are transferred to a candidate or the candidate's election agent.

Publicity

Publication of election addresses of candidates

52

(1) Each candidate at a PCC election is entitled to have an election address included on a website which is maintained by or on behalf of the Secretary of State for the purpose of publishing election addresses of candidates at such an election.

(2) No election address may be included on the website unless it has been prepared and submitted to, and approved by, the police area returning officer in accordance with Schedule 8.

(3) Any expenses incurred by or on behalf of a candidate in respect of the hosting and publication of the candidate's election address are not to be taken, for the purposes of this Part, as an amount of expenses incurred by the candidate for the purposes of the PCC election.

(4) The Secretary of State must take whatever steps the Secretary of State thinks appropriate to promote public awareness of—

(a) the existence of the website, and

(b) the availability of printed and other versions of election addresses of candidates.

(5) The Commission may include on the Commission's website information about—

(a) how to access the website;

(b) the availability of printed and other versions of election addresses of candidates,

and must include such information in any printed material which the Commission may publish in connection with PCC elections.

(6) Schedule 8 has effect.

Broadcasting from outside United Kingdom

53

(1) No person may, with intent to influence persons to give or refrain from giving their votes at a PCC election, include, or aid, abet, counsel or procure the inclusion of, any matter relating to the election in any programmes service (within the meaning of the Broadcasting Act 1990 ) provided from a place outside the United Kingdom otherwise than in pursuance of arrangements made with—

(a) the British Broadcasting Corporation,

(b) Sianel Pedwar Cymru, or

for the reception and re-transmission of that matter by that body or the holder of that licence.

(2) An offence under this article is an illegal practice, but the court before which a person is convicted of an offence under this article may, if it thinks it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173 of the 1983 Act read with article 77) (incapacities on conviction of corrupt or illegal practices).

(3) Where any act or omission of an association or body of persons, corporate or unincorporate, is an illegal practice under this article, any person (“P”) who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, is deemed to be guilty of the illegal practice, unless P proves—

(a) that the act or omission took place without P's consent or connivance, and

(b) that P exercised all such diligence to prevent the commission of the illegal practice as P ought to have exercised having regard to the nature of P's functions in that capacity and to all the circumstances.

Broadcasting of local items during election

54

(1) Each broadcasting authority must adopt a code of practice with respect to the participation of candidates at a PCC election in items about the police area in question which are included in relevant services during the election period.

(2) The code for the time being adopted by a broadcasting authority under this article must be either—

(a) a code drawn up by that authority, whether on their own or jointly with one or more other broadcasting authorities, or

(b) a code drawn up by one or more other such authorities,

and a broadcasting authority must from time to time consider whether the code for the time being so adopted by them should be replaced by a further code falling within sub-paragraph (a) or (b).

(3) Before drawing up a code under this article a broadcasting authority must have regard to any views expressed by the Commission for the purposes of this paragraph; and any such code may make different provision for different cases.

(4) The Office of Communications must do all that they can to secure that the code for the time being adopted under this article is observed in the provision of relevant services; and the British Broadcasting Corporation and Sianel Pedwar Cymru must each observe in the provision of relevant services the code so adopted by them.

(5) For the purposes of paragraph (1), “the election period”, in relation to a PCC election, means the period beginning with the last date for publication of notice of the election and ending with the close of the poll.

(6) In this article—

“broadcasting authority” means the British Broadcasting Corporation, the Office of Communications or Sianel Pedwar Cymru;

“candidate”, in relation to a PCC election, means a candidate standing nominated at the election;

“relevant services”— in relation to the British Broadcasting Corporation or Sianel Pedwar Cymru, means services broadcast by that body; in relation to the Office of Communications, means services licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996 .

Imitation poll cards

55

No person may for the purpose of promoting or procuring the election of any candidate at a PCC election issue any poll card or document so closely resembling an official poll card as to be calculated to deceive, and paragraphs (2) and (3) of article 53 apply as if an offence under this article were an offence under that article.

Election meetings

Schools and rooms for PCC election meetings

56

(1) Subject to the following provisions of this article, a candidate for a police area at a PCC election is entitled for the purpose of holding public meetings in furtherance of the candidature to the use free of charge at reasonable times between the last date for publication of notice of the election and the day preceding the date of the poll of—

(a) a suitable room in the premises of a school to which this article applies;

(b) any meeting room to which this article applies.

(2) This article applies to community, foundation and voluntary schools of which the premises are situated in the police area.

(3) This article applies to meeting rooms situated in the police area, the expense of maintaining which is payable wholly or mainly out of public funds, or by a body whose expenses are so payable.

(4) Where a room is used for a meeting in pursuance of the rights conferred by this article, the person by whom or on whose behalf the meeting is convened—

(a) must defray any expenses incurred in preparing, warming, lighting and cleaning the room and providing attendance for the meeting and restoring the room to its usual condition after the meeting, and

(b) must defray any damage done to the room or the premises in which it is situated, or to the furniture, fittings or apparatus in the room or premises.

(5) A candidate is not entitled to exercise the rights conferred by this article except on reasonable notice; and this article does not authorise any interference with the hours during which a room in school premises is used for educational purposes, or any interference with the use of a meeting room either for the purposes of the person maintaining it or under a prior agreement for its letting for any purpose.

(6) For the purposes of this article (except those of paragraph (4)(b)), the premises of a school are not to be taken to include any private dwelling.

(7) In this article—

“dwelling” includes any part of a building where that part is occupied separately as a dwelling;

“meeting room” means any room which it is the practice to let for public meetings;

“room” includes a hall, gallery or gymnasium.

Making arrangements for the purposes of article 56

57

(1) Any arrangements under article 56 for the use of a room in school premises must be made with the local authority maintaining the school, or, in the case of a room in the premises of a foundation or voluntary aided school, with the governing body of the school.

(2) Any person claiming to be, or to be authorised, by a candidate is entitled at all reasonable times to inspect the list of rooms in school premises and of meeting rooms prepared under Schedule 5 to the 1983 Act or a copy of those lists.

Disturbances at election meetings

58

(1) A person who at a lawful public meeting to which this article applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together is guilty of an illegal practice.

(2) This article applies to a political meeting held in any police area between the last date on which a notice of the election may be published in accordance with the PCC elections rules and the date of the poll.

(3) If a constable reasonably suspects any person of committing an offence under paragraph (1), the constable may if requested so to do by the chairman of the meeting require that person to declare to the constable immediately the person's name and address and, if that person refuses or fails to do so or gives a false name or false address, the person is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Agency by election officials and canvassing by police officers

Officials not to act for candidates

59

(1) If any person who is—

(a) a police area returning officer or local returning officer at a PCC election, or

(b) a deputy of any such returning officer, or

(d) an officer or clerk appointed under the PCC elections rules, or

(e) a deputy or clerk appointed under regulation 5 of the Police and Crime Commissioner Elections (Functions of Returning Officers) Regulations 2012 , or

(f) a partner or clerk of a person mentioned in any of sub-paragraphs (a) to (e) in connection with that person's official duties,

acts as a candidate's agent in the conduct or management of the election, the person is guilty of an offence, but nothing in this paragraph prevents a candidate from acting as the candidate's own election agent.

(2) A person guilty of an offence under this article is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Illegal canvassing by police officers

60

(1) No member of a police force for any police area may by word, message, writing or in any other manner, endeavour to persuade any person to give, or dissuade any person from giving, his or her vote, whether as an elector or as proxy at a PCC election.

(2) A person acting in contravention of paragraph (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) Nothing in this article applies to subject a person who is member of a police force to any penalty for anything done in the discharge of that person's duty as such.

Other illegal practices, payments or employments

False statements as to candidates

61

(1) A person who, or any director of any body or association corporate which—

(a) before or during a PCC election, and

(b) for the purpose of affecting the election of any candidate as police and crime commissioner,

makes or publishes any false statement of fact in relation to the candidate's personal character or conduct is guilty of an illegal practice, unless the person can show that the person had reasonable grounds for believing, and did believe, the statement to be true.

(2) A candidate is not liable nor is the candidate's election to be avoided for an illegal practice under paragraph (1) which is committed by an agent, other than the election agent, of the candidate unless—

(a) it can be shown that the candidate or the candidate's election agent has authorised or consented to the committing of the illegal practice by that other agent or has paid for the circulation of the false statement constituting the illegal practice, or

(b) an election court find and report that the election of the candidate was procured or materially assisted in consequence of the making or publishing of such false statements.

(3) A person making or publishing any false statement of fact as mentioned above may be restrained by interim or perpetual injunction by the High Court or the county court from any repetition of that false statement or of a false statement of a similar character in relation to the candidate and, for the purpose of granting an interim injunction, prima facie proof of the falsity of the statement is sufficient.

(4) Any person who, before or during a PCC election, knowingly publishes a false statement of a candidate's withdrawal at the election for the purpose of promoting or procuring the election of another candidate is guilty of an illegal practice.

(5) A candidate is not liable, nor is the candidate's election to be avoided, for an illegal practice under paragraph (4) committed by an agent of the candidate other than the candidate's election agent.

Corrupt withdrawal from candidature

62

Any person who corruptly induces or procures any other person to withdraw from being a candidate at a PCC election, in consideration of any payment or promise of payment, and any person withdrawing in pursuance of the inducement or procurement, is guilty of an illegal payment.

Payments for exhibition of election notices

63

(1) No payment or contract for payment may, for the purpose of promoting or procuring the election of a candidate at a PCC election, be made to an elector or the elector's proxy on account of the exhibition of, or the use of any house, land, building or premises for the exhibition of, any address, bill or notice, unless—

(a) it is the ordinary business of the elector or proxy as an advertising agent to exhibit for payment bills and advertisements, and

(b) the payment or contract is made in the ordinary course of that business.

(2) If any payment or contract for payment is knowingly made in contravention of this article either before, during or after a PCC election—

(a) the person making the payment or contract, and

(b) any person who receives the payment or is a party to the contract knowing it to be in contravention of this Order,

is guilty of an illegal practice.

Details to appear on election publications

64

(1) This article applies to any material which can reasonably be regarded as intended to promote or procure the election of a candidate at a PCC election (whether or not it can be so regarded as intended to achieve any other purpose as well).

(2) No material to which this article applies may be published unless—

(a) in the case of material which is, or is contained in, such a document as is mentioned in paragraph (4), (5) or (6), the requirements of that paragraph are complied with, or

(b) in the case of any other material, any requirements falling to be complied with in relation to the material by virtue of regulations under paragraph (7) are complied with.

(3) For the purposes of paragraphs (4) to (6), the following details are “the relevant details” in the case of any material falling within paragraph (2)(a), namely—

(a) the name and address of the printer of the document,

(b) the name and address of the promoter of the material, and

(4) Where the material is a document consisting (or consisting principally) of a single side of printed matter, the relevant details must appear on the face of the document.

(5) Where the material is a printed document other than one to which paragraph (4) applies, the relevant details must appear either on the first or the last page of the document.

(6) Where the material is an advertisement contained in a newspaper or periodical—

(a) the name and address of the printer of the newspaper or periodical must appear either on its first or last page, and

(b) the relevant details specified in paragraph (3)(b) and (c) must be included in the advertisement.

(7) The Secretary of State may, after consulting the Commission, by regulations made by statutory instrument make provision for and in connection with the imposition of requirements as to the inclusion in material falling within paragraph (2)(b) of the following details, namely—

(a) the name and address of the promoter of the material, and

(b) the name and address of any person on behalf of whom the material is being published (and who is not the promoter).

(8) Regulations under paragraph (7) may in particular specify—

(a) the manner and form in which such details must be included in any such material for the purpose of complying with any such requirement;

(b) circumstances in which—

(i) any such requirement does not have to be complied with by a person of any description specified in the regulations, or

(ii) a breach of any such requirement by a person of any description so specified is not to result in the commission of an offence under this article by that person or by a person of any other such description;

(c) circumstances in which material is, or is not, to be taken for the purposes of the regulations to be published or (as the case may be) published by a person of a description so specified.

(9) Where any material falling within paragraph (2)(a) is published in contravention of paragraph (2), then (subject to paragraphs (11) and (12))—

(a) the promoter of the material,

(b) any other person by whom the material is so published, and

is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(10) Where any material falling within paragraph (2)(b) is published in contravention of paragraph (2), then (subject to regulations made by virtue of paragraph (8)(b) and to paragraphs (11) and (12))—

(a) the promoter of the material, and

(b) any other person by whom the material is so published,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(11) It is a defence for a person charged with an offence under this article to prove—

(a) that the contravention of paragraph (2) arose from circumstances beyond the person's control, and

(b) that the person took all reasonable steps, and exercised all due diligence, to ensure that that contravention would not arise.

(12) Where a candidate or a candidate's election agent would (apart from this paragraph) be guilty of an offence under paragraph (9) or (10), that person is instead guilty of an illegal practice.

(13) In this article—

“print” means print by whatever means, and “printer” is to be construed accordingly;

“the promoter”, in relation to any material to which this article applies, means the person causing the material to be published;

“publish” means make available to the public at large, or any section of the public, in whatever form and by whatever means.

(14) For the purpose of determining whether any material is material such as is mentioned in paragraph (1), it is immaterial that it does not expressly mention the name of any candidate.

(15) Regulations made under paragraph (7) are subject to annulment in pursuance of a resolution of either House of Parliament.

(16) For the purposes of section 1 of the Statutory Instruments Act 1946 (definition of “Statutory Instrument”), the power to make regulations which is conferred by paragraph (7) is to be taken to be conferred by an Act of Parliament.

Prohibition of paid canvassers

65

If a person (“P”) is, either before, during or after a PCC election, engaged or employed for payment or promise of payment as a canvasser for the purpose of promoting or procuring a candidate's election—

(a) P, and

(b) the person engaging or employing P,

is guilty of illegal employment.

Providing money for illegal purposes

66

(1) Where a person knowingly provides money—

(a) for any payment which is contrary to the provisions of this Order, or

(b) for any expenses incurred in excess of the maximum amount allowed by this Order, or

except where the payment or the incurring of the expenses may have been previously allowed to be an exception in pursuance of the provision mentioned in paragraph (2), that person is guilty of an illegal payment.

(2) The provision referred to in paragraph (1) is section 167 of the 1983 Act (application for relief), as applied by paragraph 1 of Schedule 9.

Bribery, treating and undue influence

Bribery

67

(1) A person (“P”) is guilty of a corrupt practice if P is guilty of bribery.

(2) P is guilty of bribery if P, directly or indirectly, by himself or herself or by any other person on P's behalf—

(a) gives any money or procures any office to or for—

(i) any voter,

(ii) any other person on behalf of any voter, or

(iii) any other person in order to induce any voter to vote or refrain from voting, or

(b) corruptly does any such act as mentioned above on account of any voter having voted or refrained from voting, or

(c) makes any such gift or procurement as mentioned above to or for any person in order to induce that person to procure, or endeavour to procure, the election of any person as police and crime commissioner or the vote of any voter,

or if upon or in consequence of any such gift or procurement as mentioned above P procures or engages, promises or endeavours to procure the election of any person as police and crime commissioner or the vote of any voter.

(3) For the purposes of paragraph (2)—

(a) references to giving money include references to giving, lending, agreeing to give or lend, offering, promising, or promising to procure or endeavour to procure any money or valuable consideration, and

(b) references to procuring any office include references to giving, procuring, agreeing to give or procure, offering, promising, or promising to procure or to endeavour to procure any office, place or employment.

(4) A person is guilty of bribery if the person advances or pays or causes to be paid any money to or for the use of any other person with the intent that that money or any part of it be expended in bribery at a PCC election or knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at a PCC election.

(5) The preceding provisions of this article do not extend and are not to be construed as extending to any money paid or agreed to be paid for or on account of any legal expenses incurred in good faith at or concerning a PCC election.

(6) A voter is guilty of bribery if before or during a PCC election the voter, directly or indirectly, by himself or herself or by any other person on the voter's behalf receives, agrees, or contracts for any money, gift, loan or valuable consideration, office, place or employment for the voter or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting.

(7) A person is guilty of bribery if after a PCC election the person directly or indirectly by himself or herself or by any other person on the person's behalf receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting.

(8) In this article the expression “voter” includes any person who has or claims to have a right to vote.

Treating

68

(1) A person (“P”) is guilty of a corrupt practice if P is guilty of treating.

(2) P is guilty of treating if P corruptly, by himself or herself or by any other person, either before, during or after a PCC election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or providing, any meat, drink, entertainment or provision to or for any person—

(a) for the purpose of corruptly influencing that person or any other person to vote or refrain from voting, or

(b) on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting.

(3) Every elector or proxy for an elector who corruptly accepts or takes any such meat, drink, entertainment or provision is also guilty of treating.

Undue influence

69

(1) A person is guilty of a corrupt practice if the person is guilty of undue influence.

(2) A person (“P”) is guilty of undue influence if P carries out an activity falling within paragraph (4) for the purpose of—

(a) inducing or compelling a person to vote in a particular way or to refrain from voting, or

(b) otherwise impeding or preventing the free exercise of the franchise of an elector or of a proxy for an elector.

(3) A person (“P”) is also guilty of undue influence if P carries out an activity falling within any of sub-paragraphs (a) to (f) of paragraph (4) on account of—

(a) a person having voted in a particular way or refrained from voting, or

(b) P assuming a person to have voted in a particular way or to have refrained from voting.

(4) The following activities fall within this paragraph—

(a) using or threatening to use violence against a person;

(b) damaging or destroying, or threatening to damage or destroy, a person’s property;

(d) causing or threatening to cause financial loss to a person;

(e) causing spiritual injury to, or placing undue spiritual pressure on, a person;

(f) doing any other act designed to intimidate a person;

(g) doing any act designed to deceive a person in relation to the administration of a PCC election.

(5) For the purposes of paragraphs (2) and (3) an activity is carried out by a person (“P”) if it is carried out—

(a) by P,

(b) by P jointly with one or more other persons, or

(6) In paragraph (4)(f) and (g) “act” includes an omission (and references to the doing of an act are to be read accordingly).

Supplemental

Rights of creditors

70

The provisions of this Part prohibiting—

(a) payments and contracts for payments,

(b) the payment or incurring of election expenses in excess of the maximum amount allowed by this Order, or

do not affect the right of any creditor, who, when the contract was made or the expense was incurred, was ignorant of that contract or expense being in contravention of this Order.

Savings as to PCC elections

71

(1) Where a person has been declared by others to be a candidate at a PCC election without the person's consent, nothing in this Part is to be construed as imposing any liability on that person, unless the person has afterwards assented to the declaration or has been nominated.

(2) Nothing in this Part makes it illegal for an employer to permit electors or proxies for an elector to absent themselves from the employer's employment for a reasonable time for the purpose of voting at the poll at a PCC election without having any deduction from their salaries or wages on account of their absence, if the permission—

(a) is (so far as practicable without injury to the employer's business) given equally to all persons alike who are at the time in the employment, and

(b) is not given with a view to inducing any person to record the person's vote for any particular candidate at the election, and

(c) is not refused to any person for the purpose of preventing the recording of the person's vote for any particular candidate at the election,

but this paragraph is not to be construed as making illegal any act which would not be illegal apart from this paragraph.

Interpretation of Part 3

72

In this Part—

“declaration as to election expenses” means a declaration made under article 41;

“disputed claim” has the meaning given by article 38(1) as extended by article 39.

“election expenses”, in relation to a PCC election, is to be construed in accordance with articles 50 and 51;

“money” and “pecuniary reward” is deemed (except in articles 30, 67 and 68 and Schedule 5) to include— any office, place or employment, and any valuable security or other equivalent of money, and any valuable consideration, and expressions referring to money are to be construed accordingly;

“payment” includes any pecuniary or other reward;

“personal expenses” as used with respect to the expenditure of any candidate in a PCC election includes the reasonable travelling expenses of the candidate, and the reasonable expenses of the candidate in living at hotels or elsewhere for the purposes of and in relation to the election;

“return as to election expenses” means a return (including the bills and receipts to be delivered with it) to be made under article 40(1);

“sub-agent” has the meaning given in article 27.

Computation of time for purposes of Part 3

73

(1) For the purposes of this Part, where the day or last day allowed for the doing of anything falls on a day which is—

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day, Good Friday or a bank holiday, or

that time is to be extended until the next following day which is not one of those days.

(2) In computing any period of not more than 7 days any day referred to in paragraph (1)(a) to (c) is to be disregarded.

PART 4 — Legal Proceedings

Application to PCC elections of existing provisions about legal proceedings

74

Schedule 9 (application to PCC elections of certain existing provisions about legal proceedings) has effect.

Persons reported personally guilty of corrupt and illegal practices

75

(1) In section 160 of the 1983 Act (incapacities where a person has been reported by an election court personally guilty of a corrupt or illegal practice)—

(a) in subsections (1), (4), (5)(a), (5A) and (7), each reference to a person guilty of a corrupt practice includes a reference to a person guilty of such a practice under—

(i) a provision of the 1983 Act applied by paragraph 1 of Schedule 9, or

(ii) a provision of this Order;

(b) in subsections (1), (4), (5)(b) and (7), each reference to a person guilty of an illegal practice includes a reference to a person guilty of such a practice under—

(i) a provision of the 1983 Act applied by paragraph 1 of Schedule 9, or

(ii) a provision of this Order;

(c) in subsections (1)(b) and (4), each reference to elective office or office includes a reference to the office of police and crime commissioner.

(2) In the application of section 160 of the 1983 Act by virtue of paragraph (1)(a)(ii) or (b)(ii)—

(a) the reference in subsection (1) to section 145 of the 1983 Act includes a reference to that provision as applied by paragraph 1 of Schedule 9;

(b) in subsection (4A)—

(i) the reference to a person convicted of a corrupt practice under section 60, 62A , 62B or 112A of the 1983 Act includes a reference to a person convicted of a corrupt practice under article 17 of, or paragraph 9A or 10 of Schedule 2 to, this Order, and

(ii) the reference to a person convicted of an illegal practice under section 61 of the 1983 Act includes a reference to a person convicted of an illegal practice under article 18 of this Order;

(c) the reference in subsection (5A) to section 174 of the 1983 Act includes a reference to that provision as applied by paragraph 1 of Schedule 9;

(d) the reference in subsection (7) to the provisions of the 1983 Act includes a reference to the provisions of this Order.

Avoidance of election for employing corrupt agent

76

In section 165 of the 1983 Act (avoidance of election for employing corrupt agent)—

(a) in subsections (1) and (2), each reference to local government election includes a reference to an election in accordance with Chapter 6 of Part 1 of the 2011 Act;

(b) the reference in subsection (1)(a) to a person convicted or reported of a corrupt or illegal practice within the meaning of the 1983 Act includes a reference to a person convicted or reported of a corrupt or illegal practice under—

(i) a provision of the 1983 Act applied by paragraph 1 of Schedule 9, or

(ii) a provision of this Order;

(c) the reference in subsection (4) to an election of the Mayor of London includes a reference to an election in accordance with Chapter 6 of Part 1 of the 2011 Act.

Incapacities on conviction of corrupt or illegal practice

77

(1) In section 173 of the 1983 Act (incapacities where a person has been convicted of a corrupt or illegal practice)—

(a) in subsections (1), (3)(a) and (7), each reference to a person convicted of a corrupt practice includes a reference to a person convicted of a corrupt practice under—

(i) a provision of the 1983 Act applied by paragraph 1 of Schedule 9, or

(ii) a provision of this Order;

(b) in subsections (1), (3)(b), and (7), each reference to a person convicted of an illegal practice includes a reference to a person convicted of an illegal practice under—

(i) a provision of the 1983 Act applied by paragraph 1 of Schedule 9, or

(ii) a provision of this Order;

(c) in subsections (1), (4), (6), (7) and (8), each reference to elective office or office includes a reference to the office of police and crime commissioner.

(2) In the application of section 173 of the 1983 Act by virtue of paragraph (1)(a)(ii) or (b)(ii)—

(a) in subsection (2)—

(i) the reference to a person convicted of a corrupt practice under section 60, 62A , 62B or 112A of the 1983 Act includes a reference to a person convicted of a corrupt practice under article 17 of, or paragraph 9A or 10 of Schedule 2 to, this Order, and

(ii) the reference to a person convicted of an illegal practice under section 61 of the 1983 Act includes a reference to a person convicted of an illegal practice under article 18 of this Order;

(b) the references in subsection (9) to section 168 or 169 of the 1983 Act, and section 174 of that Act, include a reference to that section as applied by paragraph 1 of Schedule 9.

Incapacity to hold public or judicial office: Scotland

78

(1) In section 173A of the 1983 Act (incapacity where a person has been convicted of a corrupt practice), the reference in subsection (1) to a person convicted of a corrupt practice includes a reference to a person convicted of a corrupt practice under—

(a) a provision of the 1983 Act applied by paragraph 1 of Schedule 9, or

(b) a provision of this Order.

(2) In the application of section 173A of the 1983 Act by virtue of paragraph (1)(b)—

(a) the reference in subsection (1) to section 174 of the 1983 Act includes a reference to that section as applied by paragraph 1 of Schedule 9;

(b) the reference in subsection (2)(a) to section 173 of the 1983 Act is a reference to that section as it has effect by virtue of article 77;

(c) the reference in subsection (2)(b) to section 168 of the 1983 Act includes a reference to that section as applied by paragraph 1 of Schedule 9.

PART 5 — Miscellaneous and supplemental

Duty to notify appropriate officer of failure of PCC election

79

The police area returning officer must forthwith notify the appropriate officer for the police area where—

(a) the poll at a PCC election is countermanded or abandoned for any reason, or

(b) no person is or remains validly nominated as a candidate for election as police and crime commissioner, or

(c) the election is for any other reason not held on the day required by section 50 (ordinary elections) of the 2011 Act or within the period prescribed by section 51 of that Act (election to fill vacancy in the office of police and crime commissioner).

Consequences where PCC election fails or is declared void

80

(1) This article applies where—

(a) a notice under article 79 is given to the appropriate officer for a police area, or

(b) at the conclusion of a trial of a PCC election petition questioning the election of a police and crime commissioner for a police area, a specified notice is given to the appropriate officer for the police area certifying that the election court hearing the petition has determined that the election is void.

(2) For the purposes of section 59(1)(a) of the 2011 Act (date of vacancy in office of police and crime commissioner in consequence of failure of, or other irregularity in relation to, a PCC election), a vacancy in the office of police and crime commissioner in the police area is to be regarded as occurring on the day on which the notice referred to in paragraph (1) is received by the appropriate officer.

(3) The appropriate officer must give notice of the vacancy in accordance with section 59(3) to (5) of the 2011 Act and an election to fill the vacancy must be held under section 51 of that Act (election to fill a vacancy in office of police and crime commissioner).

(4) For the purposes of section 51(4) of the 2011 Act (which specifies the period within which the election must be held), the “relevant event” is the receipt of the notice referred to in paragraph (1) by the appropriate officer.

(5) In paragraph (1)(b), “specified notice” means a notice under section 145(6) of the 1983 Act, as applied by paragraph 1 of Schedule 9.

Validity of acts where PCC election declared void

81

The acts of a person elected as police and crime commissioner for a police area who acts in that office are, despite any determination of an election court that the person's election is void, as valid and effectual as if the person's election had not been declared void.

Access to marked registers and other documents open to public inspection after an election

82

Schedule 10 (which makes provision about access to marked registers etc after a PCC election) has effect.

83

(1) The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 apply in relation to the display on any site in England of an advertisement relating specifically to a PCC election as they apply in relation to the display of an advertisement relating specifically to a pending parliamentary election.

(2) The Town and Country Planning (Control of Advertisements) Regulations 1992 apply in relation to the display on any site in Wales of an advertisement relating specifically to a PCC election as they apply in relation to the display of an advertisement relating specifically to a pending parliamentary election.

Forms

84

(1) The forms set out in this Order or forms substantially to the like effect may be used with such variations as the circumstances may require.

(2) But—

(a) paragraph (1) does not apply to the ballot paper, and

(b) any variations made by a local returning officer must, where appropriate, be in compliance with any directions issued by the police area returning officer under regulations made under section 54(2) of the 2011 Act (functions of returning officers).

(3) The registration officer must supply free of charge as many forms for use in connection with applications made under Schedule 2 (absent voting in PCC elections) as appear to that officer reasonable in the circumstances to any person who satisfies that officer of the person's intention to use the forms in connection with a PCC election.

Translations etc of certain documents

85

(1) Paragraphs (2) and (3) apply to any document which under or by virtue of this Order is required or authorised to be given to voters or displayed in any place for the purposes of a PCC election.

(2) The person who is required or authorised to give or display the document must, as the person thinks appropriate, give or display or otherwise make available in such form as the person thinks appropriate—

(a) the document in Braille;

(b) the document in languages other than English;

(d) other means of making the information contained in the document accessible to persons who might not otherwise have reasonable access to the information.

(3) The person required or authorised to give or display the document must also, as the person thinks appropriate, make available the information contained in the document in such audible form as the person thinks appropriate.

(4) Paragraphs (2) and (3) do not apply to—

(a) the nomination paper;

(b) the ballot paper.

(5) The local returning officer at a PCC election must cause to be displayed at every polling station in the election an enlarged sample copy of the ballot paper.

(6) The sample copy mentioned in paragraph (5)—

(a) must have printed at the top of the list of candidates the words “Vote (X) for one candidate only”, and

(b) may include a translation of those words into such other languages as the local returning officer thinks appropriate.

Public notices and declarations

86

(1) This article applies to any public notice which is required by this Order to be given by a police area returning officer or a local returning officer.

(2) Public notice must be given by posting the notice in some conspicuous place or places in (as the case may be) the police area or voting area for which the officer acts, and may also be given in such other manner as the officer thinks desirable for publicising it.

(3) Any person before whom a declaration is authorised to be made under this Order may take the declaration.

87

(1) The requirement in this Order that any application, notice, representation or objection should be in writing is satisfied where (apart from the usual meaning of that expression) the text of it—

(a) is transmitted by electronic means,

(b) is received in legible form, and

(2) The requirement in this Order for an application, notice, representation or objection to be signed is satisfied (as an alternative to a signature given by hand) where there is—

(a) an electronic signature incorporated into or logically associated with a particular electronic communication, and

(b) the certification by any person of such a signature.

(3) For the purposes of this Order, an electronic signature is so much of anything in electronic form as—

(a) is incorporated into or otherwise logically associated with any electronic communication or both, and

(b) purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication, the integrity of the communication or both.

(4) For the purposes of this Order, an electronic signature incorporated into or associated with a particular electronic communication is certified by any person if that person (whether before or after the making of the communication) has made a statement confirming that—

(a) the signature,

(b) a means of producing, communicating or verifying the signature, or

is (either alone or in combination with other factors) a valid means of establishing the authenticity of the communication, the integrity of the communication or both.

(5) Paragraph (2) does not apply in relation to an application for an absent vote made under Part 1 of Schedule 2, for which the general requirements are set out in paragraph 11 of Part 2 of that Schedule.

Publication of documents

88

(1) Any failure to publish a document in accordance with this Order does not invalidate the document, but this provision does not relieve any person from any penalty for such a failure.

(2) Where a document is made available for inspection, any person may make a copy (whether in handwriting or by other means) of the whole or any part of such a document.

(3) Paragraph (2) is subject to any restriction as to the making of copies which is imposed by—

(a) paragraph 21(5) of Schedule 2;

(b) paragraph 3(8) of Schedule 10;

Interference with notices

89

Any person who without lawful authority destroys, mutilates, defaces or removes—

(a) any notice published by the registration officer in connection with the officer's registration duties, or

(b) any copies of a document which have been made available for inspection in pursuance of those duties,

is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

SCHEDULE 1 — Supply of register

Supply of free copy of register for electoral purposes and restrictions on use

1

(1) As soon as practicable after the relevant date, the registration officer must supply each relevant returning officer with as many printed copies of the following as the relevant returning officer may reasonably require for the purposes of the PCC election—

(a) the latest revised version of the register published under section 13(1) or (3) of the 1983 Act or under the Electoral Registration (Postponement of 2013 Annual Canvass) Order 2013, and

(b) any notice, published under section 13A(2), 13AB(2), 13B(3), (3B) or (3D) of that Act , setting out an alteration to the latest version of the register.

(2) In this paragraph—

“relevant date” means— in the case of an ordinary election of police and crime commissioners, the date which is 60 days before the day determined in accordance with section 50 of the 2011 Act as that on which the poll at the election is to be held; in the case of an election for a police area held under section 51 of the 2011 Act (election to fill vacancy in office of police and crime commissioner), the date on which the vacancy occurs;

“relevant returning officer”, in relation to a registration officer, means— a local returning officer for a voting area wholly or partly comprised in the area for which the registration officer acts, a police area returning officer for a police area in which the whole or part of the area for which the registration officer acts is situated, but does not include a returning officer who is the same individual as the registration officer.

(3) Where a registration officer is under a duty to supply a returning officer with printed copies of a register or notice under this paragraph, the registration officer must also supply a copy of the register or notice in data form.

(4) A copy of a register or notice supplied under this paragraph is to be supplied free of charge.

(5) No person to whom a copy of a register or notice has been supplied under this paragraph may—

(a) supply a copy of that register or those notices to any person,

(b) disclose any information contained in them that is not contained in the edited register (within the meaning of regulation 93 of the 2001 Regulations), or

other than for the purposes of an election.

Supply on request and specific restrictions

2

(1) The persons or organisations within any of paragraphs 3 to 5 may request the registration officer to supply free of charge the relevant part (within the meaning of those paragraphs) of any of the following—

(a) a revised version of the register published under section 13(1) or (3) of the 1983 Act;

(b) any notice, published under section 13A(2), 13AB(2), 13B(3), (3B) or (3D) of the 1983 Act, setting out an alteration to the register.

(2) A request under sub-paragraph (1) must be made in writing and must—

(a) specify the documents requested,

(b) subject to sub-paragraph (5), state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any subsequent document on publication for so long as the person making the request falls within the category of persons entitled to receive the documents requested, and

(3) Unless a request has been made in advance of supply under sub-paragraph (2)(c), the copy of a document supplied under this paragraph is to be in data form.

(4) The registration officer must supply the relevant part of the documents referred to in sub-paragraph (1) in accordance with a request that has been duly made.

(5) A person within paragraph 5 may not make the request set out in sub-paragraph (2)(b).

(6) A person who obtains a copy of any document under sub-paragraph (4) may use it for any purpose for which that person would be entitled to obtain that document under this Schedule and any restrictions which apply under whichever of paragraphs 3 to 5 entitles that person to obtain that document for that purpose applies to such use.

Supply of register etc to police and crime commissioner and restrictions on use

3

(1) This paragraph applies to a person elected to the office of police and crime commissioner for a police area in which the whole or part of the area for which the registration officer acts is situated.

(2) For the purposes of paragraph 2(1), the relevant part of the documents listed in that provision is so much of them as relates to any part of the police area for which the police and crime commissioner is elected as falls within the area for which the registration officer acts.

(3) No person to whom this paragraph applies who has been supplied with a copy of a register or notices under paragraph 2 may—

(a) supply a copy of that register or those notices to any person,

(b) disclose any information contained in them that is not contained in the edited register (within the meaning of regulation 93 of the 2001 Regulations), or

other than for purposes in connection with the office of police and crime commissioner or for electoral purposes.

Supply of register etc to candidates and restrictions on use

4

(1) This paragraph applies to a candidate for election at a PCC election.

(2) For the purposes of paragraph 2(1), the relevant part of the documents listed in that provision is the whole of them.

(3) No candidate for election at a PCC election who has been supplied with a copy of a register or notices under paragraph 2 may—

(a) supply a copy of that register or those notices to any person,

(b) disclose any information contained in them that is not contained in the edited register (within the meaning of regulation 93 of the 2001 Regulations), or

other than for the purpose of complying with the controls on donations set out in Schedule 5.

Supply of register etc to certain candidates and restrictions on use

5

(1) This paragraph applies to a candidate for election as a police and crime commissioner for a police area in which the whole or part of the area for which the registration officer acts is situated.

(2) For the purposes of paragraph 2(1), the relevant part of the documents listed in that provision is so much of them as relates to any part of the police area for which the candidate is standing as falls within the area for which the registration officer acts.

(3) No candidate to whom this paragraph applies who has been supplied with a copy of a register or notices under paragraph 2 may—

(a) supply a copy of that register or those notices to any person,

(b) disclose any information contained in them that is not contained in the edited register (within the meaning of regulation 93 of the 2001 Regulations), or

other than for electoral purposes.

SCHEDULE 2 — Absent voting in PCC elections

Form 1	Proxy paper (paragraph 5(5))
Form 2	Postal voting statement where PCC election taken alone (paragraph 30(2))
Form 3	Combination with mayoral election only: postal voting statement where proceedings on issue and receipt of postal ballot papers combined (paragraph 30(3))
Form 4	Other combinations: postal voting statement where proceedings on issue and receipt of postal ballot papers not combined (paragraph 30(5))
Form 5	Completed statement of the number of postal ballot papers issued (paragraph 59(1)(b))

PART 1 — Manner of voting at PCC election and entitlement to absent vote

Manner of voting at PCC elections

1

(1) This paragraph applies to determine the manner of voting of a person (“P”) entitled to vote as an elector at a PCC election.

(2) P may vote in person at the polling station to which he or she is allotted under the PCC elections rules, unless P is entitled as an elector to vote by post or by proxy at the PCC election.

(3) P may vote by post if P is entitled as an elector to vote by post at the PCC election.

(4) If P is entitled to vote by proxy at the PCC election, P may so vote unless, before a ballot paper has been issued for P to vote by proxy, P applies at the polling station to which he or she is allotted under the PCC elections rules for a ballot paper for the purpose of voting in person, in which case P may vote in person there.

(5) If—

(a) P is not entitled to vote by post or by proxy at a PCC election, but

(b) P cannot reasonably be expected to go in person to the polling station to which P is allotted under the PCC elections rules by reason of the particular circumstances of P's employment, either as a constable or by a local returning officer, on the date of the poll for a purpose connected with the PCC election,

P may vote in person at any polling station in the same voting area as the allotted polling station.

(5A) In sub-paragraph (5), a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for civilian staff).

(6) Nothing in the preceding provisions of this paragraph applies to a person to whom section 7 of the 1983 Act (mental patients who are not detained offenders) applies and who is liable, by virtue of any enactment, to be detained in the mental hospital in question, whether the person is registered by virtue of that provision or not; and such a person may vote—

(a) in person (where the person is granted permission to be absent from the hospital and voting in person does not breach any condition attached to that permission), or

(b) by post or by proxy (where the person is entitled to vote by post or, as the case may be, by proxy in the PCC election).

(7) Nothing in the preceding provisions of this paragraph applies to a person to whom section 7A of the 1983 Act (persons remanded in custody) applies, whether the person is registered by virtue of that provision or not; and such a person may vote only by post or by proxy (where the person is entitled to vote by post or, as the case may be, by proxy in the PCC election).

(8) Sub-paragraph (2) does not prevent a person, at the polling station to which he or she is allotted, marking a tendered ballot paper in pursuance of rule 40 of the PCC elections rules (votes marked by presiding officer).

Entitlement to absent vote at PCC elections

2

(1) A person entitled to vote in a PCC election is entitled to vote by post or by proxy if sub-paragraph (2) or (3) (as the case may be) applies to the person.

(2) This sub-paragraph applies to a person who is shown in the postal voters list mentioned in paragraph 4(2) as entitled to vote by post in a PCC election.

(3) This sub-paragraph applies to a person who is shown in the list of proxies mentioned in paragraph 4(3) as entitled to vote by proxy in a PCC election.

Application to vote by post or proxy at a particular PCC election

3

(1) Where a person applies to the registration officer to vote by post at a particular PCC election, the officer must grant the application if—

(a) the officer is satisfied that the applicant is or will be registered in the register of electors, and

(b) the application contains the applicant's signature and date of birth and meets the requirements set out in Part 2 of this Schedule.

(2) Where a person applies to the registration officer to vote by proxy at a particular PCC election, the officer must grant the application if—

(a) the officer is satisfied that the applicant's circumstances on the date of the poll will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the polling station to which the applicant is, or is likely to be, allotted under the PCC elections rules,

(b) the officer is satisfied that the applicant is or will be registered in the register of electors, and

(c) the application contains the applicant's signature and date of birth and meets the requirements set out in Part 2 of this Schedule.

(3) Where a person who has an anonymous entry in the register applies to the registration officer to vote by proxy at a particular PCC election, the registration officer must grant the application if it meets the requirements set out in Part 2 of this Schedule.

(4) Nothing in sub-paragraph (1), (2) or (3) applies to—

(a) a person who is registered in the register of electors and who is included in the record kept under paragraph 3 of Schedule 4 to the Representation of the People Act 2000 (absent vote at parliamentary or local government elections for definite or indefinite period) , ... other than a relevant Welsh elector,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) But if a person other than a relevant Welsh elector is included in a record mentioned in sub-paragraph (4) and is shown in the record as voting by post, the person may, in respect of a particular PCC election, apply to the registration officer—

(a) for his or her ballot paper to be sent to a different address from that shown in the record, or

(b) to vote by proxy.

(6) The registration officer must grant an application under sub-paragraph (5) if—

(a) in the case of any application, it meets the requirements set out in Part 2 of this Schedule, and

(b) in the case of an application to vote by proxy, the officer is satisfied that the applicant's circumstances on the date of the poll will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the polling station to which the applicant is, or is likely to be allotted, under the PCC elections rules.

(7) The registration officer may dispense with the requirement under sub-paragraph (1)(b) or (2)(c) for the applicant to provide a signature if the officer is satisfied that the applicant is unable—

(a) to provide a signature because of any disability the applicant has, or

(b) to provide a signature because the applicant is unable to read or write, or

(8) The registration officer must keep a record of those whose applications under this paragraph have been granted showing—

(a) their dates of birth, and

(b) except in cases where the registration officer in pursuance of sub-paragraph (7) has dispensed with the requirement to provide a signature, their signatures.

(9) The record kept under sub-paragraph (8) must be retained by the registration officer for the period specified in paragraph 26 of this Schedule (the personal identifiers record).

(10) In this paragraph “relevant Welsh elector” means a person who is included in the record mentioned in sub-paragraph (4)(a) only by virtue of an entitlement to vote by post or by proxy at local government elections in Wales.

Absent voter lists

4

(1) The registration officer must, in respect of each PCC election, keep the two special lists mentioned in sub-paragraphs (2) and (3).

(2) The first of those lists (“the postal voters list”) is a list of—

(a) the persons other than relevant Welsh electors who are registered in the register of electors and are for the time being shown as voting by post in the record referred to in paragraph 3(4)(a) ..., together with (in each case) the addresses provided in their applications under, as the case may be—

(i) paragraph 3 of Schedule 4 to the Representation of the People Act 2000,

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) paragraph 3(5)(a) of this Schedule,

as the address to which their ballot papers are to be sent;

(b) the persons whose application under paragraph 3(1) of this Schedule to vote by post at the PCC election have been granted, together with the addresses provided in their applications as the address to which their ballot papers are to be sent.

(3) The second list (“the list of proxies”) is a list of—

(a) the persons other than relevant Welsh electors who are registered in the register of electors and are for the time being shown as voting by proxy in the record referred to in paragraph 3(4)(a) ..., together with ... the names and addresses of the proxies appointed under...—

(i) paragraph 6 of Schedule 4 to the Representation of the People Act 2000,

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the persons whose application under paragraph 3(2), (3) or (5)(b) of this Schedule to vote by proxy at the PCC election have been granted, together with (in each case) the names and addresses of the proxy appointed under paragraph 5 of this Schedule.

(4) In the case of a person who has an anonymous entry in the register of electors, the postal voters list or list of proxies (as the case may be) must contain only—

(a) the person's electoral number, and

(b) the period for which the anonymous entry has effect.

(5) The registration officer must, forthwith on completion of the compilation of those special lists, supply to the local returning officer for any voting area wholly or partly comprised in the area for which the registration officer acts so much of those lists as relate to that voting area.

(6) In this paragraph, “relevant Welsh elector” has the meaning given in paragraph 3(10).

Proxies at PCC elections: appointment

5

(1) Subject to the following provisions of this paragraph, any person is capable of being appointed proxy to vote for another (“the elector”) at a PCC election.

(2) The elector cannot have more than one person at a time appointed as proxy to vote for the elector at a PCC election in the same police area.

(3) A person is capable of being appointed to vote as proxy at a PCC election only if—

(a) the person is not subject to any legal incapacity (age apart) to vote at that election as an elector, and

(b) the person is or will be registered in the register of electors ...

(4) The registration officer must make the appointment if the application meets the requirements set out in Part 2 of this Schedule and the registration officer is satisfied that—

(a) the elector is or will be—

(i) registered in the register of electors, and

(ii) entitled to vote by proxy at that election by virtue of an application under paragraph 3(2), (3) or (5)(b) (proxy vote at particular PCC election), and

(b) the proxy is capable of being, and willing to be, appointed.

(5) The appointment of a proxy under this paragraph must be made by means of a proxy paper issued by the registration officer in Form 1 set out in Part 4 of this Schedule or a proxy paper to the like effect.

(6) The appointment may be cancelled by the elector by giving notice to the registration officer.

(7) The appointment also ceases to be in force on the issue of a proxy paper appointing a different person to vote for the elector at a PCC election in the same police area.

(8) Subject to sub-paragraphs (6) and (7), the appointment remains in force for the particular election to which it relates.

Proxies at PCC elections: entitlement to vote

6

(1) Subject to the following provisions of this paragraph, where a relevant proxy appointment is in force, the person appointed is entitled to vote as proxy for the person for whom the appointment was made (“the elector”).

(2) In sub-paragraph (1) “relevant proxy appointment” means—

(a) in relation to an elector who is included in the list of proxies by virtue of paragraph 4(3)(a)(i), an appointment under paragraph 6 of Schedule 4 to the Representation of the People Act 2000;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in relation to an elector who is included in the list of proxies by virtue of paragraph 4(3)(b), an appointment under paragraph 5 of this Schedule.

(3) A person is capable of voting as proxy at a PCC election only if—

(a) the person is not subject to any legal incapacity (age apart) to vote at that election as an elector, and

(b) the person is or will be registered in the register of electors ...

(4) A person is not capable of voting as proxy at a PCC election unless on the date of the poll he or she has attained the age of eighteen.

(5) A person is not entitled to vote as proxy at the same ordinary PCC election in any police area on behalf of more than two others of whom that person is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.

(5) A person—

(a) is not entitled to vote as proxy at a PCC election on behalf of more than two electors who do not fall within sub-paragraph (6), but

(b) subject to paragraph (a), is entitled to vote as proxy at a PCC election on behalf of up to four electors.

(6) An elector falls within this sub-paragraph if the elector is registered in the register of electors in pursuance of a service declaration.

(7) Where the polls for two or more PCC elections are held on the same day, references in sub-paragraph (5) to a PCC election are to all of those PCC elections taken together.

Voting as proxy

7

(1) A person entitled to vote as proxy for another (“the elector”) at a PCC election may do so in person at the polling station to which the elector is allotted under the PCC elections rules unless the person is entitled to vote by post as proxy for the elector at the election, in which case the person may vote by post.

(2) Where a person is entitled to vote by post as proxy for an elector at a PCC election, the elector may not apply for a ballot paper for the purpose of voting in person at the election.

(3) A person entitled to vote as proxy for an elector at a PCC election is entitled so to vote by post if the person is included in the list kept under sub-paragraph (7) in respect of the election.

(4) Where a person applies to the registration officer to vote by post as proxy at a particular PCC election, the registration officer must grant the application if the conditions set out in sub-paragraph (5) are satisfied.

(5) Those conditions are—

(a) that the registration officer is satisfied that the elector is or will be registered in the register of electors, and

(b) that the applicant is the subject of a relevant proxy appointment within the meaning of paragraph 6(2)(c), and

(c) that the application contains the applicant's signature and date of birth and meets the requirements set out in Part 2 of this Schedule.

(6) In the case of a particular PCC election, a person who is the subject of a relevant proxy appointment within the meaning of paragraph 6(2)(a) ... and who—

(a) is included in the record kept under paragraph 7(6) of Schedule 4 to the Representation of the People Act 2000 (record of proxies who have applied to vote by post), ... and is not a relevant Welsh proxy

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may apply to the registration officer for his or her ballot paper for the PCC election to be sent to a different address from that shown in the record, and the officer must grant the application if it meets the requirements set out in Part 2 of this Schedule.

(7) The registration officer must, in respect of each PCC election, keep a special list (“the proxy postal voters list”) of—

(a) the proxies who—

(i) were appointed as mentioned in paragraph 4(3)(a)(i), and

(ii) are for the time being included in the record kept under paragraph 7(6) of Schedule 4 to the Representation of the People Act 2000 (record of proxies who have applied to vote by post) and are not relevant Welsh proxies,

together with the addresses provided in their applications under paragraph 7(4)(a) or (7) of that Schedule or under sub-paragraph (6) (as the case may be) as the addresses to which their ballot papers are to be sent;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) who were appointed as mentioned in paragraph 4(3)(b), and

(ii) whose applications under sub-paragraph (4) have been granted,

together with the addresses provided in their application under sub-paragraph (4) as the addresses to which their ballot papers are to be sent.

(8) In the case of a person who has an anonymous entry in the register of electors, the special list mentioned in sub-paragraph (7) must contain only—

(a) the person's electoral number, and

(b) the period for which the anonymous entry has effect.

(9) The registration officer must, forthwith on the completion of the compilation of that special list, supply to the local returning officer for any voting area wholly or partly comprised in the area for which the registration officer acts so much of that list as relates to that voting area.

(10) Sub-paragraph (2) does not prevent a person, at the polling station to which the person is allotted, marking a tendered ballot paper in the circumstances set out in case 3, 4, 5 or 6 of rule 42 of the PCC elections rules, if the person would otherwise be able to do so.

(11) The registration officer may dispense with the requirement under sub-paragraph (5)(c) for the applicant to provide a signature if the officer is satisfied that the applicant is unable—

(a) to provide a signature because of any disability the applicant has, or

(b) to provide a signature because the applicant is unable to read or write, or

(12) The registration officer must also keep a record in relation to those whose applications under sub-paragraph (4), have been granted showing—

(a) their dates of birth, and

(b) except in cases where the registration officer in pursuance of sub-paragraph (11) has dispensed with the requirement to provide a signature, their signatures.

(13) The record kept under sub-paragraph (12) must be retained by the registration officer for the period specified in paragraph 26 of this Schedule (the personal identifiers record).

(14) In this paragraph “relevant Welsh proxy” means a person who is included in the record kept under paragraph 7(6) of Schedule 4 to the Representation of the People Act 2000 only by virtue of an entitlement to vote by post as proxy at local government elections in Wales.

Use of personal identifier information

8

(1) The registration officer must either—

(a) provide the local returning officer for a PCC election with a copy of the information in relation to electors entitled to vote at the election which is contained in records kept by the registration officer in pursuance of—

(i) paragraphs 3(9), 4(6) and 7(12) of Schedule 4 to the Representation of the People Act 2000 (dates of birth and signatures of certain electors and proxies),

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) paragraphs 3(8) and 7(12) of this Schedule, or

(b) give the local returning officer access to such information.

(2) Information contained in records kept by a registration officer in pursuance of paragraph 3(8) or 7(12) may be disclosed by the registration officer (subject to the conditions prescribed in Part 2 of this Schedule) to—

(a) any other registration officer if the officer thinks that to do so will assist the other registration officer in the performance of his or her duties;

(b) any person exercising functions in relation to the preparation or conduct of legal proceedings under this Order or the Representation of the People Acts.

Offences as to declarations or forms used for purposes of postal and proxy vote applications

9

A person who—

(a) in any declaration or form used for any of the purposes of this Part of this Schedule makes a statement knowing it to be false, or

(b) attests an application under paragraph 3 knowing—

(i) that he or she is not authorised to do so, or

(ii) that it contains a statement which is false,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

PART 2 — Applications for absent vote

General requirements for applications for absent vote

11

(1) An application under Part 1 of this Schedule must state—

(a) the full name of the applicant,

(aa) the applicant’s national insurance number or, if they are not able to provide that information, the reason why they are not able to do so,

(b) except in a case within paragraph (c), the address in respect of which the applicant is registered or has applied to be (or is treated as having applied to be) registered in the register,

(c) in the case of an application under paragraph 7(4) or 7(6) (applications relating to postal proxy voting), the proxy's address, together with the name of the elector for whom the applicant will act as proxy and the elector's address for the purposes of paragraph (b),

(d) in the case of a person applying to vote by post, the address to which the ballot paper should be sent,

(e) in the case of an application to vote by proxy, the grounds on which the elector claims to be entitled to an absent vote,

(f) in the case of a person who is unable to provide a signature (or a consistent or distinctive signature), the reasons for requesting the waiver of any requirement under paragraph 3 or 7 to provide a signature and the name and address of any person who has assisted in the completion of the application, and

(g) where the applicant has, or has applied for, an anonymous entry, that fact.

(2) The application must be made in writing and must be dated.

(3) Where an application is required to contain a signature and date of birth, the information must be set out in a manner that is sufficiently clear and unambiguous as to be capable of electronic scanning into the record by configuring the information as follows—

(a) the signature must appear against a background of white unlined paper of at least five centimetres long and two centimetres high, and

(b) the applicant's date of birth must be set out numerically configured in the sequence of date, month and year, namely [d][d][m][m][y][y][y][y].

(4) Sub-paragraph (3)(a) does not apply where the application contains a request that the registration officer waive the requirement for a signature.

(5) An application under Part 1 of this Schedule must—

(a) state that it is made for a particular PCC election, and

(b) identify the election in question.

(5A) Where, by virtue of arrangements made by the Secretary of State, an application for an absent vote under Part 1 may be made through the digital service—

(a) the Secretary of State may complete the application in part using information provided by the applicant as part of an application, or partially completed application, under section 10ZC or 10ZD of the 1983 Act for registration in, or alteration of, a register of electors made through or completed using the digital service;

(b) where the application is required to contain a signature, the application must contain a compliant photograph or electronic scan of the applicant’s signature;

(i) request that the applicant provide their most recent previous name (if they have one), and

(ii) provide an explanation of the purpose for which the information will be used.

(5B) In sub-paragraph (5A)(b) “compliant photograph or electronic scan of the applicant’s signature” means—

(a) the signature contained in the photograph or electronic scan complies with the requirements of paragraph (a) of sub-paragraph (3), and

(b) the photograph or electronic scan of the signature is sufficiently clear and unambiguous so as to comply with the requirements of sub-paragraph (3).

(6) An application to vote by proxy must also include an application for the appointment of a proxy which meets the requirements of paragraph 14 and (where applicable) paragraph 14A.

(7) An application under Part 1 of this Schedule may be combined with an application for an absent vote made under the 2001 Regulations, including those Regulations as applied by regulations made under sections 9HE and 105, 9MG and 105, 44 and 105 or 45 and 105 of the Local Government Act 2000 or sections 52ZQ and 113 of the Local Government Finance Act 1992 .

(8) Where an applicant is unable to provide a national insurance number in accordance with sub-paragraph (1)(aa), the applicant may provide as part of the application a copy of any of the documents listed in paragraph 16C(2) to (4).

(9) The Secretary of State must send to the appropriate registration officer—

(a) subject to sub-paragraph (10), any application the Secretary of State receives via the digital service,

(b) the applicant’s previous name (if any provided),

(d) a reference number unique to that application.

(10) Where an application made through the digital service in accordance with paragraph (5A) includes the applicant’s national insurance number the Secretary of State—

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The Police and Crime Commissioner Elections Order 2012

Property, goods, services etc provided free of charge or at a discount

51

Publicity

Publication of election addresses of candidates

52

Broadcasting from outside United Kingdom

53

Broadcasting of local items during election

54

Imitation poll cards

55

Election meetings

Schools and rooms for PCC election meetings

56

Making arrangements for the purposes of article 56

57

Disturbances at election meetings

58

Agency by election officials and canvassing by police officers

Officials not to act for candidates

59

Illegal canvassing by police officers

60

Other illegal practices, payments or employments

False statements as to candidates

61

Corrupt withdrawal from candidature

62

Payments for exhibition of election notices

63

Details to appear on election publications

64

Prohibition of paid canvassers

65

Providing money for illegal purposes

66

Bribery, treating and undue influence

Bribery

67

Treating

68

Undue influence

69

Supplemental

Rights of creditors

70

Savings as to PCC elections

71

Interpretation of Part 3

72

Computation of time for purposes of Part 3

73

PART 4 — Legal Proceedings

Application to PCC elections of existing provisions about legal proceedings

74

Persons reported personally guilty of corrupt and illegal practices

75

Avoidance of election for employing corrupt agent

76

Incapacities on conviction of corrupt or illegal practice

77

Incapacity to hold public or judicial office: Scotland

78

PART 5 — Miscellaneous and supplemental

Duty to notify appropriate officer of failure of PCC election

79

Consequences where PCC election fails or is declared void

80

Validity of acts where PCC election declared void

81

Access to marked registers and other documents open to public inspection after an election

82

Advertisements

83

Forms

84

Translations etc of certain documents

85

Public notices and declarations