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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The second calculation and resolution of equality

61

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PART 5 — Final proceedings in contested and uncontested elections

Declaration of result

62

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

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

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

(2) The police area returning officer must give public notice of—

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

(b) the total number of ... votes given for each candidate,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a) declare to be elected the candidate remaining validly nominated, and

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

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

(a) the Secretary of State, and

(b) the local returning officer.

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

Return or forfeiture of candidate's deposit

63

(1) Unless forfeited in accordance with paragraph (5), the deposit made under rule 9 must either be returned to the person making it or to his or her personal representative.

(2) Subject to paragraph (4), the deposit must be returned not later than the next day after that on which the result of the election is declared.

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

(a) a day is to be disregarded if it would be disregarded under rule 3 in computing any period of time for the purpose of a PCC election, and

(b) the deposit is to be treated as being returned on a day if a cheque for the amount of the deposit is posted on that day.

(4) If—

(a) the candidate is not shown as standing nominated in the statement of persons nominated, or

(b) proof of the candidate's death has been given to the police area returning officer,

the deposit must be returned as soon as practicable after the publication of that statement or after the candidate's death (as the case may be).

(5) Where a poll is taken and, after the calculation under rule 59, the candidate is found not to have polled more than 5 per cent. of the total number of ... votes polled by all the candidates, the candidate's deposit is forfeited to Her Majesty.

Destruction of home address forms

64

The police area returning officer must destroy each candidate's home address form—

(a) on the next working day following the 21st day after the police area returning officer has declared the name of the person elected to the office of police and crime commissioner, or

(b) if a PCC election petition questioning the election is presented before that day, on the next working day following the conclusion of proceedings on the petition or on appeal from such proceedings.

PART 6 — Disposal of documents

Sealing up of ballot papers

65

(1) On the completion of the counting at a contested election the local returning officer must seal up in separate packets—

(a) the counted ballot papers, and

(b) the rejected ballot papers.

(2) The local returning officer may not open the sealed packets of—

(a) tendered ballot papers,

(aa) the completed ballot paper refusal list,

(b) the completed corresponding number lists,

(d) marked copies of the registers of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and lists of proxies.

Delivery of documents

66

(1) The local returning officer must—

(a) endorse on each of the sealed packets a description of its contents, the date of the PCC election to which they relate and the name of the police area for which the election was held, and

(b) forward the documents specified in paragraph (2) to the relevant registration officer.

(2) The documents referred to in paragraph (1) are—

(a) the packets of ballot papers in the local returning officer's possession;

(b) the ballot paper accounts and the statements of—

(i) rejected ballot papers, and

(ii) the result of the verification of the ballot paper accounts;

(c) the tendered votes lists, the lists of voters with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, the lists maintained under rule 45 and the declarations made by the companions of voters with disabilities;

(ca) the packet containing the completed ballot paper refusal list,

(d) the packets of the completed corresponding number lists;

(e) the packets of certificates as to employment on duty on the day of the poll;

(f) the packets containing marked copies of the registers (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and marked copies of the postal voters list, of the lists of proxies and of the proxy postal voters list;

(g) the documents to be forwarded under paragraph 59 of Schedule 2.

Orders for production of documents

67

(1) An order—

(a) for the inspection or production of any rejected ballot papers in the custody of the relevant registration officer,

(b) for the opening of a sealed packet of completed corresponding number lists or of certificates as to employment on duty on the day of the poll, or

may be made by a county court if the court is satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers or for the purpose of a PCC election petition.

(1A) An order—

(a) for the opening of the sealed packet containing a completed ballot paper refusal list, or

(b) for the inspection or production of that list,

may be made by the county court if satisfied by evidence on oath that the order is required for the purpose of a PCC election petition.

(2) An election court may make an order—

(a) for the opening of a sealed packet of completed corresponding number lists or of certificates as to employment on duty on the day of the poll, or

(b) for the inspection of any counted ballot papers in the custody of the relevant registration officer.

(3) An order under this rule may be made subject to whatever conditions the court thinks expedient as to—

(a) persons,

(b) time,

(d) production or opening.

(4) In making and carrying into effect an order for the opening of a packet of completed corresponding number lists or certificates or for the inspection of counted ballot papers, care must be taken to avoid disclosing the way in which the vote of any particular voter has been given until it has been proved—

(a) that the vote was given, and

(b) that the vote has been declared by a competent court to be invalid.

(5) An appeal lies to the High Court from any order of a county court under this rule.

(6) A power given under this rule to a court may be exercised by any judge of the court otherwise than in open court.

(7) Where an order is made for the production by the relevant registration officer of any document in the registration officer's possession relating to any specified PCC election—

(a) the production by the registration officer or the registration officer's agent of the document ordered in the manner directed by the order is conclusive evidence that the document relates to the specified election;

(b) any endorsement on any packet of ballot papers so produced is prima facie evidence that the ballot papers are what they are stated to be by the endorsement.

(8) The production from proper custody of—

(a) a ballot paper purporting to have been used at any election, and

(b) a completed corresponding number list with a number marked in writing beside the number of the ballot paper,

is prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry on the register of electors (or on a notice issued under section 13B(3B) or (3D) of the 1983 Act at the time of the election) contained the same number as the number written as mentioned in sub-paragraph (b).

(9) Unless authorised by this rule, nobody may—

(a) inspect any rejected or counted ballot papers in the possession of the relevant registration officer, or

(b) open any sealed packets of completed corresponding number lists or certificates as to employment on duty on the day of the poll.

Retention of documents by relevant registration officer

68

(1) A registration officer must retain for one year all documents relating to a PCC election which are—

(a) specified in rule 66(2), and

(b) forwarded to the registration officer in pursuance of these rules,

and then, unless otherwise directed by an order of a county court, a Crown Court, a magistrates' court or an election court, must have them destroyed.

(2) While the documents are retained under paragraph (1) they must be open to public inspection.

(3) Paragraph (2) does not apply to—

(a) ballot papers;

(b) the completed corresponding number lists;

(4) The relevant registration officer must, on request, supply copies of or extracts from the marked copies of—

(a) the register of electors (including notices issued under section 13B(3B) or (3D) of the 1983 Act),

(b) the postal voters list,

(d) the proxy postal voters list,

to any person who, in accordance with Schedule 10, is entitled to be supplied with them.

(5) Schedule 10 contains other provision about the inspection of, and access to, documents retained under this rule.

PART 7 — Death of candidate

Countermand or abandonment of poll on death of a candidate

69

(1) If at a contested election proof is given to the police area returning officer's satisfaction before the result of the election is declared that one of the persons named or to be named as a candidate in the ballot papers has died, then the police area returning officer must—

(a) countermand notice of the poll, or

(b) if polling has begun, direct that the poll be abandoned,

and notify the appropriate officer for the police area in accordance with article 79.

(2) Subject to paragraph (4), where the poll is abandoned by reason of a candidate's death—

(a) no further ballot papers are to be issued, and

(b) the presiding officer at any polling station must take the like steps (so far as not already taken) for the delivery to the local returning officer of ballot boxes and ballot papers and other documents as the presiding officer is required to take on the close of the poll in due course.

(3) The local returning officer must dispose of ballot papers and other documents in the officer's possession as the officer is required to do on the completion in due course of the counting of the votes, subject to paragraphs (4) and (5).

(4) It is not necessary for any ballot paper account to be prepared or verified.

(5) The local returning officer must seal up all the ballot papers (whether the votes on them have been counted or not) and it is not necessary to seal up counted and rejected ballot papers in separate packets.

(6) The provisions of this Order as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at a PCC election apply to any documents relating to a poll abandoned by reason of a candidate's death subject to the modifications in paragraphs (7) and (8).

(7) Ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers.

(8) No order may be made for—

(a) the inspection or production of any ballot papers, or

(b) the opening of a sealed packet of completed corresponding number lists or certificates as to employment on duty on the day of the poll,

unless the order is made by a court with reference to a prosecution.

PART 8 — Forms referred to in Parts 1 to 7 of this Schedule

Forms

70

These are the forms referred to in Parts 1 to 7 of this Schedule.

SCHEDULE 4 — Combination of polls

PART 1 — Application to PCC elections of existing provisions in Acts

1

(1) Section 15 of the Representation of the People Act 1985 (combination of polls at parliamentary ... and local elections) applies for the purposes of PCC elections.

(2) In its application by virtue of this paragraph, that section has effect as if it provided—

(15) (1) Where the polls at— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) an ordinary local government election and a parliamentary general election; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) an ordinary election in England or Wales of police and crime commissioners and one or more of the following— (i) a parliamentary general election, (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iii) an ordinary local government election in England or Wales, (iv) an election in England for the return of an elected mayor as defined by section 9H(1) of the Local Government Act 2000 , (v) an election in Wales for the return of an elected mayor as defined by section 39(1) of the Local Government Act 2000, (vi) an election in England for the return of a mayor as provided for in an order made under section 107A of the Local Democracy, Economic Development and Construction Act 2009 or in regulations made under section 27 of the Levelling-up and Regeneration Act 2023, are to be taken on the same date, they shall be taken together. (2) Where the polls at elections for related areas are to be taken on the same date but are not required by subsection (1) above or section 36 of the principal Act to be taken together, they may nevertheless be so taken if the returning officer for each election thinks fit. (3) In subsection (2) above and subsection (4) below, a reference to elections— (a) includes— (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) ordinary elections in England or Wales of police and crime commissioners, (iii) elections for police areas in England or Wales held under section 51 of the Police Reform and Social Responsibility Act 2011 (election to fill vacancy in office of police and crime commissioner), (iv) a referendum in England under Part 1A of the Local Government Act 2000 , (v) a referendum in Wales under Part 2 of the Local Government Act 2000, (vi) a referendum in England or Wales under Chapter 4ZA of Part 1 of the Local Government Finance Act 1992, (vii) an election in England for the return of a mayor as provided for in an order made under section 107A of the Local Democracy, Economic Development and Construction Act 2009 or in regulations made under section 27 of the Levelling-up and Regeneration Act 2023, but (b) does not include elections under the local government Act which are not local government elections. (3A) For the purposes of subsection (2) above— (a) two areas are related if one is coterminous with or situated wholly or partly within the other, and (b) the reference to the returning officer for an election includes the counting officer for a referendum listed in subsection (3)(a)(iv), (v) or (vi) above. (4) Where the polls at any elections are combined under this section the cost of taking the combined polls (excluding any cost solely attributable to one election) and any cost attributable to their combination shall be apportioned equally among the elections.

PART 2 — Amendment of existing provisions in secondary legislation

2

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

3

The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 are amended in accordance with paragraphs 4 to 9.

4

In regulation 2 (interpretation)—

(a) after the definition of “2002 Act” insert—

“2011 Act” means the Police Reform and Social Responsibility Act 2011;

(b) after the definition of “mayoral election” insert—

“PCC election” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the 2011 Act;

5

(1) Regulation 4 (returning officers and polling stations) is amended as follows.

(2) In paragraphs (1)(a), (2)(a), (3)(a) and (4)(a), for “local government area or voting area” substitute “ local government area, voting area or police area ”.

(3) In paragraphs (5)(a) and (6)(a) for “the electoral region or local government area” substitute “ the electoral region, local government area or police area ”.

(4) For paragraph (7), substitute —

(7) Where none of the above paragraphs applies and the poll at an ordinary parish or community council election is taken together with the poll at another election under a relevant enactment— (a) those functions of the returning officer at the other election which are specified in regulation 5 shall be discharged by the returning officer at the parish or community council election for such part of the electoral region or police area as is situated in the area of the parish or community council; and (b) only polling stations used for the parish or community council election shall be used for the poll at the other election.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In paragraph (8), for “(including by virtue of section 15(2) and (3) as applied by regulations made under sections 44 and 105 or 45 and 105 of the 2000 Act)” substitute “ (including by virtue of section 15(2) and (3) as applied by orders or regulations made under any of the listed provisions) ”.

(7) In paragraph (9), for “paragraphs (1) to (7) above” substitute “ paragraphs (1) to (7A) above ”.

(8) In paragraph (10)—

(a) after the definition of “county council election” insert—

“the listed provisions” means—

sections 52ZQ and 113 of the Local Government Finance Act 1992,

sections 9HE and 105, 9MG and 105, 44 and 105 or 45 and 105 of the 2000 Act,

sections 58 and 154 of the 2011 Act;

“police area” means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London);

(b) in the definition of “relevant enactment”, for the words from “and includes” to the end substitute “ and includes a reference to each section as applied in orders or regulations made under any of the listed provisions; ”.

(9) In paragraph (11), after sub-paragraph (b) insert—

(c) the returning officer at a PCC election, shall be construed as including a reference to the police area returning officer.

6

(1) Regulation 5 (functions at combined polls) is amended as follows.

(2) In paragraph (1), after sub-paragraph (e) insert—

(f) at a PCC election, by those rules in an Order made under sections 58 and 154 of the 2011 Act which correspond to the rules specified in paragraph (2);

(3) In paragraph (3)—

(a) omit “and” at the end of sub-paragraph (a);

(b) after sub-paragraph (b) insert—

; and (c) the provisions in an Order made under sections 58 and 154 of the 2011 Act which correspond to that regulation and that Part.

7

In regulation 6(5) (modification of provisions about expenses in the 1983 Act)—

(a) omit “and” at the end of sub-paragraph (a);

(b) after sub-paragraph (a) insert—

(ab) any provision in Chapter 6 of Part 1 of the 2011 Act which corresponds to that provision; and

(c) in sub-paragraph (b), for the words from “regulations made under” to the end substitute “ orders or regulations made under any of the listed provisions. ”

8

In regulation 8 (modification of parliamentary elections rules)—

(a) omit “or” at the end of sub-paragraph (a);

(b) after sub-paragraph (b) insert—

or (c) the poll at a mayoral election, referendum or PCC election in accordance with orders or regulations made under any of the listed provisions.

9

In paragraph 2 of Schedule 2 (definitions for the purposes of modifications of the parliamentary elections rules set out in Schedule 1 to the 1983 Act) —

(a) after the definition of “mayoral election” insert—

“police and crime commissioner election” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the 2011 Act;

(b) in the definition of “relevant election or referendum”, after paragraph (d) insert—

(e) a police and crime commissioner election,

10

(1) The Local Elections (Principal Areas) (England and Wales) Rules 2006 are amended as follows.

(2) In rule 2 (interpretation)—

(a) in paragraph (1), after the definition of “petition organiser” insert—

“police and crime commissioner election” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the 2011 Act;

(b) in paragraph (2), after paragraph (e) of the definition of “relevant election or referendum” insert—

(f) a police and crime commissioner election,

11

(1) The Local Elections (Parishes and Communities) (England and Wales) Rules 2006 are amended as follows.

(2) In rule 2 (interpretation)—

(a) in paragraph (1), after the definition of “petition organiser” insert—

“police and crime commissioner election” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the 2011 Act;

(b) in paragraph (2), in the definition of “relevant election or referendum”, after paragraph (e) insert—

(f) a police and crime commissioner election,

12

(1) The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the definition of “local government election” insert—

“police and crime commissioner election” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the 2011 Act;

(b) in the definition of “relevant election or referendum”, after paragraph (e) insert—

(f) a police and crime commissioner election,

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — Modifications to PCC elections rules

13

(1) The PCC election rules are modified in accordance with paragraphs 14 to 45.

(2) In this Part of this Schedule and in any provision of the PCC elections rules modified by this Part—

“combined polls” means the polls to be taken together by virtue of provisions applied by article 13;

“relevant election or referendum” means an election or local referendum the poll for which is, by virtue of provisions applied by article 13, to be taken together with the poll for a PCC election;

“the relevant returning or counting officer” means the returning or counting officer discharging functions under regulation 5 of the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004, as that regulation has effect in relation to PCC elections by virtue of provisions applied by article 13.

(3) In relation to a referendum under Part 1A of the Local Government Act 2000 , expressions used in this Part of this Schedule are to be read as follows—

“counting agent” means a counting observer as defined by regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2012;

“counting officer” means a person referred to in regulation 9 of those Regulations;

“polling agent” means a polling observer as defined by regulation 2(1) of those Regulations;

“elector” means voter as defined by rule 2(1) of the Local Government Act Referendums (Combination of Polls) Rules contained in Schedule 5 to those Regulations.

(4) In relation to a referendum under Chapter 4ZA of Part 1 of the Local Government Finance Act 1992 , expressions used in this Part of this Schedule are to be read as follows—

“counting agent” means a counting observer as defined by regulation 2(1) of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012;

“counting officer” means a person referred to in regulation 15 of those Regulations;

“polling agent” means a polling observer as defined by regulation 2(1) of those Regulations;

“elector” means voter as defined by rule 2(1) of the Local Government Finance Act Referendums (Combination of Polls) Rules contained in Schedule 5 to those Regulations.

GENERAL PROVISIONS

Computation of time

14

In rule 3, after “nor is” insert “ the relevant returning or counting officer or ”.

CONTESTED PCC ELECTIONS: GENERAL PROVISIONS

The ballot papers

15

In rule 19(3)—

(a) omit “ and” at the end of sub-paragraph (b); and

(b) at the end of sub-paragraph (c) insert—

and 1. be of a different colour from the ballot papers used for any relevant election or referendum.

Corresponding number lists: proceedings on issue and receipt of ballot papers combined

16

After rule 19 insert—

(19A) (1) This rule applies where proceedings on the issue and receipt of ballot papers at combined polls are taken together by virtue of paragraph 29(1) of Schedule 2 to this Order and regulation 65 of the 2001 Regulations. (2) The relevant returning or counting officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers which are to be issued by the officer in pursuance of rule 25 or provided by the officer in pursuance of rule 29(1). (3) The corresponding number list to be prepared for the purpose of rule 24(1) (postal ballot papers) and of paragraph 37(1) of Schedule 2 (procedure on issue of postal ballot paper) must be in Form 19 set out in Part 4 of Schedule 4 to this Order or a form to like effect. (4) The corresponding number list to be prepared for the purpose of rule 29(3)(d) (equipment of polling stations) and of rule 39(2)(b) (voting procedure) must be in Form 20 set out in Part 4 of Schedule 4 to this Order or a form to like effect.

Corresponding number lists: proceedings on issue and receipt of ballot papers not combined

17

(1) Rule 20 is modified as follows.

(2) For the title substitute “ Corresponding number lists: proceedings on issue and receipt of ballot papers not combined ”.

(3) Before paragraph (1) insert—

(A1) This rule applies where proceedings on the issue and receipt of ballot papers are not taken together by virtue of paragraph 29(1) of Schedule 2 to this Order and regulation 65 of the 2001 Regulations.

Use of schools and public rooms

18

For rule 23 substitute—

(23) (1) The local returning officer and the relevant returning or counting officer may use, free of charge, for relevant purposes— (a) a room in a school maintained or assisted by— (i) in relation to England, a county council in England, a metropolitan district council, a non-metropolitan district council for an area for which there is no county council or the Council of the Isles of Scilly, or (ii) in relation to Wales, a county council or a county borough council in Wales; (b) a room in a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school; (c) a room the expense of maintaining which is met by— (i) in relation to England, a county council in England, a district council, a parish council or the Council of the Isles of Scilly, or (ii) in relation to Wales, a county council or a county borough council in Wales or a community council. (2) That officer must make good— (a) any damage done to any such room, and (b) defray any expense incurred by the persons having control over any such room, by reason of its being used for the relevant purpose. (3) In paragraphs (1) and (2) “relevant purposes” means— (a) in the case of the local returning officer, the counting of votes, and (b) in the case of the relevant returning or counting officer, the taking of the poll and the discharging of the functions under rule 49.

ACTION TO BE TAKEN BEFOR0E THE POLL

Notice of poll

19

In rule 24, for paragraph (3) substitute—

(3) No later than the time of publication of the notice of poll, the relevant returning or counting officer must give public notice of— (a) the situation of each polling station; (b) the description of voters entitled to vote there. (3A) A notice published under paragraph (3) must, in addition— (a) state that the poll for the PCC election is to be taken together with the poll for each relevant election or referendum; (b) specify— (i) the parliamentary constituency, ... voting area or, as the case may be, the relevant local authority for which the election is held, and (ii) in the case of an election to fill a casual vacancy, the electoral area for which the election is held; (c) where polls for two or more elections are to be taken together in part only of the voting area, specify that part.

Postal ballot papers

20

In rule 25, after paragraph (3) insert—

(4) Where proceedings on the issue and receipt of postal ballot papers are taken together in respect of combined polls, references in this rule to “local returning officer” are to be read as references to “relevant returning or counting officer”.

Provision of polling stations

21

In rule 26, in paragraphs (1) , (4) and (5), for “local returning officer” (in each place) substitute “ relevant returning or counting officer ”.

Appointment of presiding officers and polling clerks

22

In rule 27, in paragraphs (1) to (4), for “local returning officer” (in each place) substitute “ relevant returning or counting officer ”.

Issue of official poll cards

23

In rule 28, after paragraph (4) insert—

(5) Subject to paragraph (5A), if the local returning officer and the returning officer or counting officer for each relevant election or referendum thinks fit, an official poll card issued under this rule may be combined with an official poll card issued at each relevant election or referendum. (5A) Paragraph (5) does not apply in respect of the official poll card for— (a) a local government election in Wales, (b) an election in Wales for the return of an elected mayor as defined by section 39(1) of the Local Government Act 2000, or (c) a referendum in Wales under Part 2 of the Local Government Act 2000. (6) Where official poll cards are combined under paragraph (5), the form to be used is the form of the official poll card which is required to be used at the relevant election or referendum with such adaptations as are necessary to enable it to be used in relation to the PCC election.

Equipment of polling stations

24

(1) Rule 29 is modified as follows.

(2) In paragraphs (1), (3), (5), (8) and (9), for “local returning officer” (in each place) substitute “ relevant returning or counting officer ”.

(3) After paragraph (1) insert—

(1A) The ballot box used for the poll for the PCC election may, if the relevant returning or counting officer thinks fit, be the same as that used for each other relevant election or referendum. (1B) Where separate ballot boxes are used, each must be clearly marked to show— (a) the poll to which it relates, and (b) the colour of ballot papers that should be placed in it.

(3A) Omit paragraph (5)(ba).

(4) After paragraph (5) insert—

(5ZA) The versions of the ballot paper referred to in paragraph (5)(a) and (b) must be printed on paper of the same colour as that of the ballot papers for use at the PCC election. (5ZB) The local returning officer must provide each polling station with a ballot paper refusal list, in Form 14A or a form to like effect, on which entries are to be made as mentioned in rule 43A (refusal to deliver ballot paper).

(5) For paragraph (7) substitute—

(7) The relevant returning or counting officer must also provide each polling station with notices for the guidance of voters which are in the appropriate form and— (a) notices which are for exhibition in voting compartments at polling stations must be so exhibited, and (b) notices for exhibition outside and in the communal areas inside polling stations must be so exhibited.

Notices for the guidance of voters

25

For rule 30 substitute—

(30) (1) The appropriate form for the notices for the guidance of voters to be provided under rule 29 is the form specified in paragraph (3). (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Where the poll at the PCC election and the poll at another election or referendum are taken together ...— (a) the appropriate form for notices for exhibition in voting compartments at polling stations is the form which is required for notices that are exhibited in the compartments of polling stations at that other election or referendum , with the addition of the ... voting instructions for PCC elections, and (b) the appropriate form for notices for exhibition outside and in the communal areas inside polling stations is the form known as “directions for the guidance of the voters in voting” which is required to be exhibited inside and outside polling stations at that other election or referendum. (3A) For the purposes of this rule, “the voting instructions for PCC elections” are— “Vote for ONLY ONE CANDIDATE by putting a cross [X] in the box next to your choice.” (4) The relevant returning or counting officer may also provide versions of the notice in such other form described in article 85(2) or (3) as the officer thinks appropriate. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of polling and counting agents

26

In rule 31, after paragraph (7), insert—

(7A) Notices of the appointment of polling agents and counting agents which are required by paragraphs (7) and (8) to be given to the local returning officer must be given to the relevant returning or counting officer.

Notification of requirement of secrecy

27

For rule 32 substitute—

(32) (1) The relevant returning or counting officer must make such arrangements as the officer thinks appropriate to ensure that— (a) every person attending at a polling station (otherwise than for the purpose of voting or assisting a voter with disabilities to vote or as a constable on duty there) has been given a copy in writing of the provisions of article 22(1), (5) and (8); (b) every person attending at the verification of ballot paper accounts (other than any constable on duty there) has been given a copy in writing of the provisions of article 22(3), (4) and (8). (2) The local returning officer must make such arrangements as the officer thinks appropriate to ensure that every person attending at the counting of the votes (other than any constable on duty there) has been given a copy in writing of the provisions of article 22(3) and (8). (3) In this rule, 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 employees).

Return of postal ballot papers

28

(1) Rule 33 is modified as follows.

(2) For paragraph (1) substitute—

(1) Where proceedings on the issue and receipt of postal ballot papers are taken together in respect of combined polls and— (a) a postal vote has been returned in respect of a person who is entered in the postal voters list, or (b) a proxy postal vote has been returned in respect of a proxy who is entered in the proxy postal voters list, the relevant returning or counting officer must mark the list in the manner specified in paragraph 48 of Schedule 2.

(3) After that paragraph insert—

(1A) Where proceedings on the issue and receipt of postal ballot papers are not taken together in respect of combined polls, the reference in paragraph (1) to “the relevant returning or counting officer” is to be read as a reference to “the local returning officer”.

CONTESTED PCC ELECTIONS: THE POLL

Admission to polling station

29

(1) Rule 34 is modified as follows.

(2) In paragraph (1)—

(a) omit “and” at the end of paragraph (h);

(b) after sub-paragraph (i) insert—

and (j) persons who would be entitled to be admitted to the polling station at a relevant election or referendum if the poll for that election or referendum were held on its own.

(3) In paragraph (4), after “local returning officer” (in each place) insert “ or relevant returning or counting officer ”.

Keeping of order in polling station

30

In rule 35, in paragraph (2)(b) for “local returning officer” substitute “ relevant returning or counting officer ”.

Voting procedure

31

In rule 39, after paragraph (7) insert—

(8) The same copy of the register of electors or, where paragraph (4) applies, the same copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act, may be used for each relevant election or referendum, and— (a) one mark may be placed in that copy of the register or on that notice under paragraph (2)(c) or in the list of proxies under paragraph (2)(d) to denote that a ballot paper has been issued in respect of each relevant election or referendum; but (b) where a ballot paper has not been issued in respect of a relevant election or referendum, a different mark must be placed in the copy of that register or, as the case may be, on that notice or in that list so as to identify each relevant election or referendum in respect of which a ballot paper was issued.

Votes marked by the presiding officer

32

In rule 40, after paragraph (5) insert—

(6) If the relevant returning or counting officer thinks fit, the same list may be used for each relevant election or referendum and, where it is so used, an entry in that list is to be taken to mean that the ballot papers were marked by the presiding officer in respect of each relevant election or referendum, unless the list identifies the relevant election or referendum at which the ballot paper was so marked.

Voting by persons with disabilities

33

(1) Rule 41 is modified as follows.

(2) In paragraph (4), for sub-paragraph (a) substitute—

(a) must be in the appropriate form, as specified in paragraph... (4B) (as the case may be),

(3) After paragraph (4) insert—

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4B) Where the poll at the PCC election and another election or referendum are taken together ..., the appropriate form for the declaration is the form which is required for declarations made by the companion of a voter with disabilities at that other election or referendum.

(4) After paragraph (9) insert—

(9A) If the relevant returning or counting officer thinks fit, the same list may be used for each relevant election or referendum and, where it is so used, an entry in that list is to be taken to mean that the votes were given in accordance with this rule in respect of each relevant election or referendum, unless the list identifies the relevant election or referendum at which the vote was so given.

Tendered ballot papers: general provisions

34

In rule 43, after paragraph (5) insert—

(5A) If the relevant returning or counting officer thinks fit, the same list may be used for each relevant election or referendum and, where it is so used, an entry in that list is to be taken to mean that tendered ballot papers were marked in respect of each relevant election or referendum, unless the list identifies the relevant election or referendum at which a tendered ballot paper was marked.

Correction of errors on the day of the poll

35

In rule 45—

(a) renumber the existing provision as paragraph (1); and

(b) after that paragraph insert—

(2) The same list may be used for each relevant election or referendum and, where it is so used, an entry in that list is to be taken to mean that ballot papers were issued in respect of each relevant election or referendum, unless the list identifies the relevant election or referendum for which a ballot paper was issued. (3) In paragraph (2) a reference to a “relevant election” includes a reference to the PCC election.

Adjournment of poll in case of riot

36

(1) Rule 46 is modified as follows.

(2) In paragraph (1), for “local returning officer” substitute “ relevant returning or counting officer ”.

(3) In paragraph (3), for “local returning officer” substitute “ relevant returning or counting officer ”.

Procedure on close of the poll

37

(1) Rule 47 is modified as follows.

(2) In paragraph (1), for “in the presence of the polling agents” substitute “ in the presence of the polling agents appointed for the purposes of the PCC election and for the purposes of each relevant election or referendum ”.

(3) After paragraph (1) insert—

(1A) The contents of the packets referred to in sub-paragraphs (b), (c) and (f) of paragraph (1) must not be combined with the contents of the packets made up under the corresponding rule that applies at any relevant election or referendum.

(4) In paragraph (4), for “the local returning officer” substitute “ the relevant returning or counting officer ”.

(5) In paragraph (5), for “the local returning officer” (in both places) substitute “ the relevant returning or counting officer ”.

(6) After paragraph (6) insert—

(7) The ballot paper account prepared under paragraph (6) in respect of the PCC election must not be combined with the ballot paper account for any relevant election or referendum.

COUNTING OF VOTES

Attendance at verification

38

For rule 48 substitute—

(48) (1) This rule and rules 49 and 50 do not apply where the local returning officer is not the relevant returning or counting officer. (2) But where the local returning officer is the relevant returning or counting officer, the officer must— (a) make arrangements for the verification of the ballot paper accounts to be carried out as soon as practicable after the close of the poll and in the presence of the counting agents appointed for the purposes of the PCC election and those appointed for the purposes of each relevant election or referendum, and (b) give the counting agents appointed for the purposes of the PCC election and those appointed for the purposes of each relevant election or referendum notice in writing of the time and place at which the verification of the ballot paper accounts will begin. (3) A person may be present at the verification of the ballot paper accounts only if— (a) the person is entitled to be present at the ... count of the votes for the PCC election or at the counting of the votes for a relevant election or referendum, or (b) the person is permitted by the relevant returning or counting officer to attend. (4) Permission under paragraph (3)(b) may be given only if the relevant returning or counting officer is satisfied that the person's attendance will not impede the efficient verification of the ballot paper accounts. (5) The relevant returning or counting officer must give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer's duties.

Procedure at verification of ballot paper accounts

39

For rule 49 substitute—

(49) (1) Where the local returning officer is the relevant returning or counting officer, the officer must— (a) in the presence of the counting agents appointed for the purposes of the PCC election and the counting agents appointed for the purposes of each relevant election or referendum— (i) open the ballot boxes from each polling station, (ii) in relation to the PCC election and to each of the relevant elections or referendums, count and record separately the number of ballot papers relating to that election or referendum, and (iii) verify each ballot paper account; (b) where proceedings on the issue and receipt of postal ballot papers for the PCC election and each relevant election or referendum are taken together, count the postal ballot papers that have been duly returned and record separately the number counted at the PCC election and each relevant election or referendum; (c) separate the ballot papers relating to the PCC election from the ballot papers relating to each relevant election or referendum; (d) make up into packets the ballot papers for each relevant election or referendum and seal them up into separate containers endorsing on each a description of the area to which the ballot papers relate; (e) deliver or cause to be delivered to the returning or counting officer for each relevant election or referendum to which the ballot papers relate— (i) those containers together with a list of them and of the contents of each, and (ii) the ballot paper accounts together with a copy of the statement as to the result of their verification in respect of the election or referendum; (f) at the same time deliver or cause to be delivered to that officer packets that relate to the relevant election or referendum containing— (i) the unused and spoilt ballot papers; (ii) the tendered ballot papers; (iii) the certificates as to employment on duty on the day of the poll. (2) A postal ballot paper is not to be taken to be duly returned unless— (a) it is returned in the manner specified in paragraph 43(1) or (2) of Schedule 2 and, before the close of the poll, it reached the relevant returning or counting officer or a polling station in the appropriate area (as defined in paragraph (3)), (b) the postal voting statement, duly signed, is also returned in the manner specified in paragraph 43(1) or (2) of Schedule 2 and, before the close of the poll, it reached the relevant returning or counting officer or a polling station in the appropriate area, (c) the postal voting statement also states the date of birth of the elector or proxy (as the case may be), and (d) ... the relevant returning or counting officer verifies the date of birth and signature of the elector or proxy (as the case may be). (2A) A postal ballot paper or postal voting statement that reaches the relevant returning or counting officer or a polling station on or after the close of the poll is treated for the purposes of paragraph (2) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it. (3) The “appropriate area” in respect of any voter is— (a) the area which is common to the areas in which the polls at the PCC election and the relevant election or referendum are being taken together, and (b) in respect of which polls the voter has been issued with a ballot paper. (4) Where separate ballot boxes are used, no vote for any candidate is rendered invalid by the ballot paper being placed in the ballot box intended for use at any relevant election or referendum. (5) The relevant returning or counting officer, while counting and recording the number of postal ballot papers, must keep the ballot papers with their faces upwards and take all proper precautions for preventing anyone from seeing the numbers or other unique identifying marks printed on the back of the papers. (6) Unless otherwise directed by the police area returning officer, the relevant returning or counting officer must determine the hours during which the procedure under this rule is to be carried out and must take proper precautions for the security of the ballot papers and documents. (7) The relevant returning or counting officer must verify each ballot paper account by comparing it with the number of ballot papers recorded by the relevant returning or counting officer, and the unused and spoilt ballot papers in the relevant returning or counting officer's possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and must draw up a statement as to the result of the verification. (8) Any counting agent for a PCC election present at the verification may copy the statement drawn up under paragraph (7). (9) Any counting agent for a relevant election or referendum present at the verification may copy the statement drawn up under paragraph (7). (10) Once the statement relating to the PCC election is drawn up, the relevant returning or counting officer must inform the police area returning officer of the contents of the statement.

Additional steps: verification and count carried out at different places

40

(1) Rule 50 is modified as follows.

(2) For paragraph (1) substitute—

(1) This rule applies where— (a) the local returning officer is the relevant returning or counting officer, and (b) the votes at the PCC election are to be counted at a place other than that at which the procedures for the verification of the ballot paper accounts are carried out.

(3) In paragraphs (2), (3) and (4) (in each place), for “local returning officer” substitute “ relevant returning or counting officer ”.

Attendance at the first count

41

(1) Rule 51 is modified as follows.

(2) For paragraph (1) substitute—

(1) Where the local returning officer is the relevant returning or counting officer, the local returning officer must— (a) make arrangements for the votes at the PCC election to be counted as soon as practicable after the close of the poll in the presence of the counting agents appointed for the purposes of that election, and (b) give the counting agents notice in writing of the time and place at which the counting of votes will begin.

(3) For paragraph (2) substitute—

(2) Where the local returning officer is not the relevant returning or counting officer, the local returning officer must— (a) make arrangements for counting the votes at the PCC election in the presence of the counting agents appointed for the purposes of that election as soon as practicable after delivery to the local returning officer of the ballot papers for that election, and (b) give the counting agents notice in writing of the time and place at which the counting of votes will begin.

The first count

42

(1) Rule 52 is modified as follows.

(2) Before paragraph (1) substitute—

(A1) Where the local returning officer is the relevant returning or counting officer, the officer must— (a) on completion of the proceedings under rule 49, and (b) if applicable, on receipt of the containers referred to in rule 50, proceed to count the votes in accordance with paragraphs (1) and (2) to (7).

(3) After paragraph (1) insert—

(1A) Where the local returning officer is not the relevant returning or counting officer, the officer must, on receipt of the containers containing the ballot papers from the relevant returning or counting officer— (a) open in the presence of the counting agents all the packets of ballot papers other than those containing unused, spoilt or tendered ballot papers, (b) where the proceedings on the issue and receipt of postal ballot papers for the PCC election and each relevant election or referendum are not taken together, count the postal ballot papers that have been duly returned for the PCC election and record the number counted, and (c) proceed to count the votes in accordance with paragraphs (1B), (1C) and (2) to (7). (1B) For the purposes of paragraph (1A)(b), a postal ballot paper is not to be taken to be duly returned unless— (a) it is returned in the manner specified in paragraph 43(1) or (2) of Schedule 2 and, before the close of the poll, it reached the local returning officer or a polling station in the appropriate area (as defined in paragraph (1C)), (b) the postal voting statement, duly signed, is also returned in the manner specified in paragraph 43(1) or (2) of Schedule 2 and, before the close of the poll, it reached the local returning officer or a polling station in the appropriate area, (c) the postal voting statement also states the date of birth of the elector or proxy (as the case may be), and (d) ... the local returning officer verifies the date of birth and signature of the elector or proxy (as the case may be). (1BA) A postal ballot paper or postal voting statement that reaches the local returning officer or a polling station on or after the close of the poll is treated for the purposes of paragraph (2) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it. (1C) The “appropriate area” in respect of any voter is the area— (a) which is common to the parliamentary constituency, electoral area, ... local authority area or voting area (as the case may be) in which the polls at the PCC election and any relevant election or referendum are being taken together, and (b) in respect of which polls the voter has been issued with a ballot paper.

(4) In paragraph (5), after “while” insert “ counting and recording the number of postal ballot papers and ”.

Sealing up of ballot papers

43

(1) Rule 65 is amended as follows.

(2) For paragraph (2) substitute—

(2) The local returning officer may not open the sealed packets of— (a) tendered ballot papers, or (aa) the completed ballot paper refusal list, or (b) certificates as to employment on duty on the day of the poll.

(3) After that paragraph insert—

(3) The relevant returning or counting officer may not open the sealed packets of — (a) the completed corresponding number lists, or (b) marked copies of the registers of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and lists of proxies

Delivery of documents

44

For rule 66 substitute—

(66) (1) Where the local returning officer is the relevant returning or counting officer, the officer must— (a) endorse on each of the sealed packets a description of its contents, the date of the poll to which they relate and, in the case of a PCC election, the name of the police area for which that election was held, and (b) then forward the documents specified in paragraph (2) to the relevant registration officer. (2) The documents referred to in paragraph (1) are— (a) the packets of ballot papers in the officer's possession; (b) the ballot paper accounts and the statements of— (i) rejected ballot papers, and (ii) the result of the verification of the ballot paper accounts; (c) the tendered votes lists, the lists of voters with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, the lists maintained under rule 45 and the declarations made by the companions of voters with disabilities; (ca) the packet containing the completed ballot paper refusal list; (d) the packets of the completed corresponding number lists; (e) the packets of certificates as to employment on duty on the day of the poll; (f) the packets containing marked copies of the registers (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and marked copies of the postal voters list, of the lists of proxies and of the proxy postal voters list; (g) any documents in the officer's possession which are to be forwarded under paragraph 59 of Schedule 2. (3) Where the local returning officer is not the relevant returning or counting officer, the local returning officer must take the steps set out in paragraph (1) in relation to all the documents listed in paragraph (2) apart from those listed in sub-paragraphs (c), (d) and (f).

PART 4 — Forms referred to in Part 3 of this Schedule

Forms

45

These are the forms referred to in Part 3 of this Schedule .

SCHEDULE 5 — Control of donations to candidates

PART 1 — Introductory

1

(1) This Schedule has effect for controlling donations to candidates at a PCC election.

(2) The following provisions have effect for the purposes of this Schedule.

(3) “Relevant donation”, in relation to a candidate at a PCC election, means a donation to the candidate or the candidate's election agent for the purpose of meeting election expenses incurred by or on behalf of the candidate.

(4) In sub-paragraph (3) the reference to a donation for the purpose of meeting election expenses incurred by or on behalf of a candidate includes a reference to a donation for the purpose of securing that any such expenses are not so incurred; and a donation is to be taken as being a donation for either of those purposes if, having regard to all the circumstances, it must be reasonably assumed to be such a donation.

(5) “Donation” is to be construed in accordance with paragraphs 2 to 4.

(6) In relation to a donation received by a candidate at a PCC election, references to a permissible donor falling within section 54(2) of the 2000 Act are to be read as if section 54(2) did not include a party registered in the Northern Ireland register maintained by the Commission under Part 2 of that Act.

2

(1) “Donation”, in relation to a candidate at a PCC election, means (subject to paragraph 4)—

(a) any gift to the candidate or the candidate's election agent of money or other property;

(b) any sponsorship provided in relation to the candidate (as defined by paragraph 3);

(c) any money spent (otherwise than by the candidate, the candidate's election agent or any sub-agent) in paying any election expenses incurred by or on behalf of the candidate;

(d) any money lent to the candidate or the candidate's election agent otherwise than on commercial terms;

(e) the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the candidate (including the services of any person).

(2) Where—

(a) any money or other property is transferred to a candidate or the candidate's election agent pursuant to any transaction or arrangement involving the provision by or on behalf of the candidate of any property, services or facilities or other consideration of monetary value, and

(b) the total value in monetary terms of the consideration so provided by or on behalf of the candidate is less than the value of the money or (as the case may be) the market value of the property transferred,

the transfer of the money or property (subject to sub-paragraph (4)) constitutes a gift to the candidate or (as the case may be) the candidate's election agent for the purposes of sub-paragraph (1)(a).

(3) In determining—

(a) for the purposes of sub-paragraph (1)(d), whether any money lent to a candidate or the candidate's election agent is so lent otherwise than on commercial terms, or

(b) for the purposes of sub-paragraph (1)(e), whether any property, services or facilities provided for the use or benefit of a candidate is or are so provided otherwise than on such terms,

regard is to be had to the total value in monetary terms of the consideration provided by or on behalf of the candidate in respect of the loan or the provision of the property, services or facilities.

(4) Where (apart from this sub-paragraph) anything would be a donation both by virtue of sub-paragraph (1)(b) and by virtue of any other provision of this paragraph, sub-paragraph (1)(b) (together with paragraph 3) applies in relation to it to the exclusion of the other provision of this paragraph.

(5) The reference in sub-paragraph (1)(c) to money spent as mentioned in that provision is a reference to money so spent by a person (other than the candidate, the candidate's election agent or any sub-agent) out of the person's own resources (with no right to reimbursement out of the resources of the candidate, the candidate's election agent or any sub-agent); and where, by virtue of sub-paragraph (1)(c), money so spent constitutes a donation to the candidate, the candidate is treated as receiving an equivalent amount on the date on which the money is paid to the creditor in respect of the expenses in question.

(6) In this paragraph—

(a) any reference to anything being given or transferred to a candidate or the candidate's election agent includes a reference to its being given or transferred either directly or indirectly through any third person;

(b) “gift” includes a bequest or any other form of testamentary disposition.

3

(1) For the purposes of this Schedule, sponsorship is provided in relation to a candidate if—

(a) any money or other property is transferred to the candidate or to any person for the benefit of the candidate, and

(b) the purpose (or one of the purposes) of the transfer is (or must, having regard to all the circumstances, reasonably be assumed to be)—

(i) to help the candidate with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the candidate, or

(ii) to secure that to any extent any such expenses are not so incurred.

(2) In sub-paragraph (1) “defined expenses” means expenses in connection with—

(a) any conference, meeting or other event organised by or on behalf of the candidate,

(b) the preparation, production or dissemination of any publication by or on behalf of the candidate, or

(3) The following do not, however, constitute sponsorship by virtue of sub-paragraph (1) —

(a) the making of any payment in respect of—

(i) any charge for admission to any conference, meeting or other event, or

(ii) the purchase price of, or any other charge for access to, any publication,

(b) the making of any payment in respect of the inclusion of an advertisement in any publication where the payment is made at the commercial rate payable for the inclusion of such an advertisement in any such publication.

(4) The Secretary of State may, on the recommendation of the Commission, by order made by statutory instrument amend sub-paragraph (2) or (3).

(5) Any order under sub-paragraph (4) may not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(6) For the purposes of section 1 of the Statutory Instruments Act 1946 (definition of “Statutory Instrument”), the power to make an order which is conferred by sub-paragraph (4) is to be taken to be conferred by an Act of Parliament.

(7) In this paragraph “publication” means a publication made available in whatever form and by whatever means (whether or not to the public at large or any section of the public).

4

(1) None of the following is to be regarded as a donation—

(a) the provision of any facilities provided in pursuance of any right conferred on a candidate at a PCC election by this Order;

(b) the provision by an individual of the individual's own services which are provided voluntarily in the individual's own time and free of charge;

(c) any interest accruing to a candidate or the candidate's election agent in respect of any donation which is dealt with by the candidate or (as the case may be) the candidate's election agent in accordance with section 56(2)(a) or (b) of the 2000 Act (as applied by paragraph 7).

(2) There is also to be disregarded any donation whose value (determined in accordance with paragraph 5) is not more than £50.

5

(1) The value of any donation falling within paragraph 2(1)(a) (other than money) is to be taken as being the market value of the property in question.

(2) Where, however, paragraph 2(1)(a) applies by virtue of paragraph 2(2), the value of the donation is to be taken as being the difference between—

(a) the value of the money, or the market value of the property, in question, and

(b) the total value in monetary terms of the consideration provided by or on behalf of the candidate or the candidate's election agent.

(3) The value of any donation falling within paragraph 2(1)(b) is to be taken as being the value of the money, or (as the case may be) the market value of the property, transferred as mentioned in paragraph 3(1); and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question is to be disregarded.

(4) The value of any donation falling within paragraph 2(1)(d) or (e) is to be taken as being the amount representing the difference between—

(a) the total value in monetary terms of the consideration that would have had to be provided by or on behalf of the candidate or the candidate's election agent in respect of the loan or the provision of the property, services or facilities if—

(i) the loan had been made, or

(ii) the property, services or facilities had been provided,

on commercial terms, and

(b) the total value in monetary terms of the consideration (if any) actually so provided by or on behalf of the candidate or the candidate's election agent.

(5) Where a donation such as is mentioned in sub-paragraph (4) confers an enduring benefit on the donee over a particular period, the value of the donation—

(a) is to be determined at the time when it is made, but

(b) is to be so determined by reference to the total benefit accruing to the donee over that period.

(6) In this paragraph “market value” in relation to any property, means the price which might reasonably be expected to be paid for the property on a sale in the open market.

PART 2 — Controls on donations

6

(1) A relevant donation received by a candidate or the candidate's election agent must not be accepted if—

(a) the person by whom the donation would be made is not, at the time of its receipt by the candidate or (as the case may be) the candidate's election agent, a permissible donor falling within section 54(2) of the 2000 Act, or

(b) the candidate or (as the case may be) the candidate's election agent is (whether because the donation is given anonymously or by reason of any deception or concealment or otherwise) unable to ascertain the identity of the person offering the donation.

(2) For the purposes of this Schedule, any relevant donation received by a candidate or the candidate's election agent which is an exempt trust donation is to be regarded as a relevant donation received by the candidate or the candidate's election agent from a permissible donor; and section 162 of the 2000 Act (interpretation: exempt trust donations) applies for the purposes of this Schedule as it applies for the purposes of that Act.

(3) But, for the purposes of this Schedule, any relevant donation received by a candidate or the candidate's election agent from a trustee of any property (in the trustee's capacity as such) which is not—

(a) an exempt trust donation, or

(b) a relevant donation transmitted by the trustee to the candidate or the candidate's election agent on behalf of beneficiaries under the trust who are—

(i) persons who at the time of its receipt by the candidate or the candidate's election agent are permissible donors falling within section 54(2) of the 2000 Act, or

(ii) the members of an unincorporated association which at that time is such a permissible donor,

is to be regarded as a relevant donation received by the candidate or the candidate's election agent from a person who is not such a permissible donor.

(4) Where any person (“the principal donor”) causes an amount (“the principal donation”) to be received by a candidate or the candidate's election agent by way of a relevant donation—

(a) on behalf of the principal donor and one or more other persons, or

(b) on behalf of two or more other persons,

then for the purposes of this Part each individual contribution by a person falling within paragraph (a) or (b) of more than £50 is treated as if it were a separate donation received from that person.

(5) In relation to each such separate donation, the principal donor must ensure that, at the time when the principal donation is received by the candidate or the candidate's election agent, the candidate or (as the case may be) the candidate's election agent is given—

(a) (except in the case of a donation which the principal donor is treated as making) all such details in respect of the person treated as making the donation as are required by virtue of paragraph 11(c), and

(b) (in any case) all such details in respect of the donation as are required by virtue of paragraph 11(a).

(6) Where—

(a) any person (“the agent”) causes an amount to be received by a candidate or the candidate's election agent by way of a donation on behalf of another person (“the donor”), and

(b) the amount of the donation is more than £50,

the agent must ensure that, at the time when the donation is received by the candidate or the candidate's election agent, the candidate or (as the case may be) the candidate's election agent is given all such details in respect of the donor as are required by virtue of paragraph 11(c).

(7) A person commits an offence if, without reasonable excuse, the person fails to comply with sub-paragraph (5) or (6).

(8) A person guilty of an offence under sub-paragraph (7) is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or to a term of imprisonment not exceeding 6 months (or both);

(b) on conviction on indictment, to a fine or to a term of imprisonment not exceeding one year (or both).

7

(1) Sections 56 to 60 of the 2000 Act apply for the purposes of this Schedule in relation to—

(a) a relevant donation received by a candidate or the candidate's election agent, and

(b) the candidate or (as the case may be) the election agent,

as they apply in relation to a donation received by a registered party and the registered party.

(2) In the application of sections 56 to 60 of that Act in accordance with sub-paragraph (1)—

(a) section 56(1) has effect as if the reference to the particulars relating to a donor which would be required to be included in a donation report by virtue of paragraph 2 of Schedule 6 to that Act (if the donation were a recordable donation within the meaning of that Schedule) were a reference to the particulars which are required to be included in a return by virtue of paragraph 11(c) of this Schedule,

(b) section 56(3) has effect as if the reference to the party were omitted and the reference to the treasurer of the party were a reference to the candidate or (as the case may be) the candidate's election agent, and

(c) section 56(4) has effect as if the reference to the treasurer of the party were a reference to the candidate or (as the case may be) the candidate's election agent.

8

(1) Sub-paragraph (2) applies in relation to any relevant donation received by a candidate after the deadline for appointing an election agent (unless the candidate is, or is deemed to be, also acting as the election agent at the time of receipt of the donation).

(2) The candidate must, on receipt of any such donation as is mentioned in sub-paragraph (1), forthwith deliver to the candidate's election agent—

(a) the donation,

(b) where paragraph 6(5) or (6) applies in relation to the donation, the information provided to the candidate in pursuance of that provision, and

(c) any other information which the candidate has about the donation and its donor which might reasonably be expected to assist the election agent in the discharge of any duties imposed on the agent, in relation to the donation, under this Part or Part 3 of this Schedule.

(3) Where a donation is delivered to an election agent in accordance with sub-paragraph (2), the donation is treated for the purposes of paragraph 6(1) to (4) and the provisions applied by paragraph 7 as if it had been—

(a) originally received by the election agent, and

(b) so received by the agent on the date on which it was received by the candidate.

(4) Where a candidate receives a relevant donation before the deadline for appointing an election agent but at a time when an appointment of a person (other than the candidate) as election agent is in force the candidate must either—

(a) forthwith deliver the donation and the information mentioned in sub-paragraph (2)(b) and (c) to the election agent, or

(b) (if the candidate fails to make such delivery) deal with the donation in accordance with section 56 of the 2000 Act.

(5) Sub-paragraph (3) has effect in relation to any relevant donation delivered to an election agent in accordance with sub-paragraph (4)(a) as it has effect in relation to a donation delivered to the election agent in accordance with sub-paragraph (2).

(6) Sub-paragraph (7) applies where—

(a) a relevant donation received by a candidate before the deadline for appointing an election agent has been dealt with by the candidate in accordance with section 56 of the 2000 Act either because—

(i) it was received by the candidate at a time when no appointment of another person as the candidate's election agent was in force, or

(ii) although such an appointment was in force, the candidate was by virtue of sub-paragraph (4)(b) required to deal with the donation, and

(b) an appointment of a person (other than the candidate) as election agent is in force at, or at any time after—

(i) the deadline for appointing an election agent, or

(ii) if later, the time when the candidate has dealt with the donation in accordance with section 56 of the 2000 Act.

(7) Subject to sub-paragraph (9), the candidate must, as soon as reasonably practicable after the relevant time, deliver to the election agent—

(a) the donation (if it has been accepted by the candidate), and

(b) any information which the candidate has about the donation and the donor which might reasonably be expected to assist the election agent in the discharge of any duties imposed on the agent, in relation to the donation, under Part 3 of this Schedule.

(8) The relevant time for the purposes of sub-paragraph (7) is—

(a) the time mentioned in sub-paragraph (6)(b)(i) or (ii) (as the case may be) if the appointment of another person as election agent is in force at that time, or

(b) otherwise, the time when any such appointment subsequently comes into force.

(9) The duty imposed on a candidate by sub-paragraph (7)(a) does not apply to any relevant donation to the extent to which it has been lawfully used by the candidate for the purpose of paying election expenses.

(10) In this paragraph—

(a) any reference to the deadline for appointing an election agent is a reference to the latest time by which an election agent may in accordance with article 26(1) be named as election agent by the candidate, and

(b) any reference to any provision of section 56 of the 2000 Act is a reference to that provision as applied by paragraph 7.

9

Section 61 of the 2000 Act applies for the purposes of this Schedule as if—

(a) any reference to donations were to relevant donations,

(b) any reference to a registered party were, in relation to a relevant donation, a reference to a candidate or (as the case may be) the candidate's election agent, and

(c) any reference in subsection (2) to the treasurer of a registered party were, in relation to a relevant donation, a reference to either the candidate or the candidate's election agent (or both).

PART 3 — Reporting of Donations

10

(1) The candidate's election agent must include in any return required to be delivered under article 40 a statement of relevant donations which complies with paragraphs 11 and 12.

(2) If the statement states that the candidate's election agent has seen, in relation to an individual donor, a certificate of anonymous registration, the statement must be accompanied by a copy of that certificate.

(3) “Certificate of anonymous registration” means a certificate issued in pursuance of regulation 45G of the 2001 Regulations .

11

The statement must record, in relation to each relevant donation accepted by the candidate or the candidate's election agent—

(a) the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5,

(b) the date when the donation was accepted by the candidate or the candidate's election agent,

(c) the information about the donor which is, in connection with recordable donations to registered parties, required to be recorded in donation reports by virtue of paragraph 2 of Schedule 6 to the 2000 Act, and

(d) such other information as may be required by regulations made by the Commission.

12

(1) This paragraph applies to relevant donations falling within paragraph 6(1)(a) or (b).

(2) Where paragraph 6(1)(a) applies, the statement must record—

(a) the name and address of the donor,

(b) the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5,

(c) the date when the donation was received, and the date when, and the manner in which, it was dealt with in accordance with section 56(2)(a) of the 2000 Act, and

(d) such other information as is required by regulations made by the Commission.

(3) Where paragraph 6(1)(b) applies, the statement must record—

(a) details of the manner in which the donation was made,

(b) the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5,

(c) the date when the donation was received, and the date when, and the manner in which, it was dealt with in accordance with section 56(2)(b) of the 2000 Act, and

(d) such other information as is required by regulations made by the Commission.

(4) In this paragraph any reference to any provision of section 56 of the 2000 Act is a reference to that provision as applied by paragraph 7.

SCHEDULE 6 — Return and declarations as to candidate election expenses

1

These are the forms referred to in articles 34(7) and 41(1), (2) and (5) . Form 24: Return of expenses incurred in support of a candidate (article 34(7)) Form 25: Declaration of expenses incurred in support of a candidate (article 34(7)) Form 26: Election agent's declaration as to election expenses (article 41(1)) Form 27: Candidate's declaration as to election expenses (article 41(2)) Form 28: Declaration as to election expenses by candidate who is his or her own election agent (article 41(5))

SCHEDULE 7 — Candidate election expenses

PART 1 — List of Matters

1

Advertising of any nature (whatever the medium used). Expenses in respect of such advertising include agency fees, design costs and other costs in connection with preparing, producing, distributing or otherwise disseminating such advertising or anything incorporating such advertising and intended to be distributed for the purpose of disseminating it.

2

Unsolicited material addressed to electors (whether addressed to them by name or intended for delivery to households within any particular area). Expenses in respect of such material include design costs and other costs in connection with preparing, producing or distributing such material (including the cost of postage).

3

Transport (by any means) of persons to any place. Expenses in respect of the transport of such persons include the costs of hiring a means of transport for a particular period.

4

Public meetings (of any kind). Expenses in respect of such meetings include costs incurred in connection with the attendance of persons at such meetings, the hire of premises for the purposes of such meetings or the provision of goods, services or facilities at them.

5

The services of an election agent or any other person whose services are engaged in connection with the candidate's election.

6

Accommodation and administrative costs.

PART 2 — General Exclusions

7

The payment of any deposit required by rule 9 of the PCC elections rules.

8

The publication of any matter, other than an advertisement, relating to the election in—

(a) a newspaper or periodical;

(b) a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru;

(c) a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996 .

9

The preparation and submission of a candidate's election address in accordance with article 52.

10

The provision of any facilities provided in pursuance of any right conferred on candidates at an election by this Order other than facilities in respect of which expenses fall to be defrayed by virtue of article 56(4).

11

The provision by an individual of his or her own services which the individual provides voluntarily in his or her own time and free of charge.

12

(1) Accommodation which is the candidate's sole or main residence.

(2) The provision by any other individual of accommodation which is the individual's sole or main residence if the provision is made free of charge.

13

(1) Transport by a means of transport which was acquired by the candidate principally for the candidate's own personal use.

(2) Transport provided free of charge by any other individual if the means of transport was acquired by the individual principally for the individual's own personal use.

14

(1) Computing or printing equipment which was acquired by the candidate principally for the candidate's own personal use.

(2) The provision by any other individual of computing or printing equipment which was acquired by the individual principally for the individual's own personal use if the provision is made free of charge.

PART 3 — Supplemental

15

(1) The Commission may prepare, and from time to time revise, a code of practice giving—

(a) guidance as to the matters which do, or do not, fall within Part 1 or Part 2 of this Schedule;

(b) guidance (supplementing the definition in article 50) as to the cases or circumstances in which expenses are, or are not, to be regarded as incurred for the purposes of a candidate's election.

(c) guidance relating to the application of Part 3 of this Order in relation to expenses incurred for the purposes of a candidate’s election (whether or not election expenses).

(2) Once the Commission have prepared a draft code under this paragraph, they must submit it for approval to the Secretary of State.

(3) The Secretary of State may approve a draft code either without modification or with such modifications as the Secretary of State may determine.

(4) Once the Secretary of State has approved a draft code, the Secretary of State must lay a copy of the draft, whether—

(a) in its original form, or

(b) in a form which incorporates any modifications determined under sub-paragraph (3),

before each House of Parliament.

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