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The Combined Authorities (Mayoral Elections) Order 2017

Type Statutory-Instrument

Publication 2017-01-30

Last updated 2024-12-04

State In force

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(3) The packets must be accompanied by a statement (in these Rules referred to as “the ballot paper account”) made by the presiding officer showing the number of ballot papers entrusted to the presiding officer, and accounting for them under the heads—

(a) ballot papers issued and not otherwise accounted for,

(b) unused ballot papers,

(d) tendered ballot papers.

Attendance at verification

46

(1) The returning officer must make arrangements for the verification of the ballot paper accounts in the presence of the counting agents as soon as practicable after the close of the poll.

(2) The returning officer must give to the counting agents notice in writing of the time and place at which the verification of the ballot paper accounts will begin.

(3) No person other than—

(a) the returning officer and the returning officer's clerks,

(b) the candidates and one other person chosen by each of them,

(d) the counting agents,

(e) persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000,

(f) the CA/CCA returning officer and the CA/CCA returning officer's clerks,

may be present at the verification of the ballot paper accounts, unless permitted by the returning officer to attend.

(4) A person not entitled to attend at the verification of the ballot paper accounts shall not be permitted to do so by the returning officer unless the returning officer—

(a) is satisfied that the efficient conduct of those proceedings will not be impeded, and

(b) has either consulted the election agents or thought it impracticable to do so.

(5) The returning officer must give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as the returning officer can give them consistently with the orderly conduct of the proceedings and the discharge of the returning officer's duties in connection with them.

Procedure at verification of ballot paper accounts

47

(1) The returning officer must, in the presence of the counting agents—

(a) open each ballot box and count and record the number of ballot papers in it,

(b) verify each ballot paper account,

(2) A postal ballot paper must not be taken to be duly returned unless—

(a) it is returned in the manner set out in paragraph (3) and reaches the returning officer or any polling station in the local authority area for which the returning officer acts before the close of the poll, and

(b) the postal voting statement, duly signed, is also returned in the manner set out in paragraph (3) and reaches the returning officer or such a polling station before that time,

(d) in a case where steps for verifying the date of birth and signature of an elector or proxy have been prescribed by regulations made under the 1983 Act, the returning officer (having taken such steps) verifies the date of birth and signature of the elector or proxy (as the case may be) and

(e) the postal ballot paper is not one that falls to be rejected in accordance with regulation 79B, 79D, 82B or 82D of the Representation of the People (England and Wales) Regulations 2001.

(3) The manner in which any postal ballot paper or postal voting statement may be returned—

(a) to the returning officer, is by hand or by post,

(b) to a polling station, is by hand.

(4) A postal ballot paper or postal voting statement that reaches the returning officer or a polling station on or after the close of the poll is treated for the purposes of this rule 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.

(5) The returning officer, while counting and recording the number of ballot papers, must keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.

(6) Unless otherwise directed by the CA/CCA returning officer, the returning 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 returning officer (R) must verify each ballot paper account by comparing it with the number of ballot papers recorded by R, and the unused and spoilt ballot papers in R'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 provisional statement as to the result of the verification, which any election agent may copy.

(8) As soon as practicable after the returning officer has drawn up the statement as to the result of the verification, the returning officer must inform the CA/CCA returning officer of its contents.

Additional steps: verification and count carried out at different places

48

(1) This rule applies where the votes at an 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.

(2) The returning officer must on completing the procedure under rule 47—

(a) make up into packets the ballot papers and the postal ballot papers for the election and seal them up into containers endorsing on each the description of the voting area to which those ballot papers relate; and

(b) deliver or cause to be delivered to the place at which the counting of the votes is to be carried out—

(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.

(3) If the packets are not delivered by the returning officer personally, their delivery must be in accordance with arrangements approved by the CA/CCA returning officer.

(4) The CA/CCA returning officer may give a returning officer directions which, once the packets have been delivered to the place where the votes at the election are to be counted, require the returning officer to take specified steps for the carrying out of further specified verification procedures in relation to the ballot papers and other documents relating to the election.

(5) In paragraph (4), “specified” means specified by the CA/CCA ... returning officer in directions given under that paragraph.

Attendance at the count

49

(1) The returning officer must make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the close of the poll, and must give to the counting agents notice in writing of the time and place—

(a) at which the returning officer will begin to count the votes, ...

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

(2) No person other than—

(a) the returning officer and the returning officer's clerks,

(b) the candidates and one other person chosen by each of them,

(d) the counting agents,

(e) persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000,

(f) the CA/CCA returning officer and the CA/CCA returning officer's clerks,

may be present at the counting of the votes, unless permitted by the returning officer to attend.

(3) A person not entitled to attend at the counting of the votes shall not be permitted to do so by the returning officer unless the returning officer—

(a) is satisfied that the efficient counting of the votes will not be impeded, and

(b) has either consulted the election agents or thought it impracticable to do so.

(4) The returning officer must give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as the returning officer can give them consistently with the orderly conduct of the proceedings and the discharge of the returning officer's duties in connection with them.

(5) In particular, where the votes are counted by sorting the ballot papers according to the candidate for whom the vote is given and then counting the number of ballot papers for each candidate, the counting agents shall be entitled to satisfy themselves that the ballot papers are correctly sorted.

The first count

50

(1) Where the containers referred to in rule 48 are delivered to the place where the counting of votes is to be carried out, the returning officer must open in the presence of the counting agents all the packets of ballot papers other than those containing unused, spoilt or tendered ballot papers.

(2) The returning officer must not count the votes given on any ballot papers until—

(a) in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box, and

(b) in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.

(3) The returning officer shall then count the votes given on them.

(4) The returning officer must not count any tendered ballot paper.

(5) The returning officer, while counting the votes, must keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.

(6) The returning officer must so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that the returning officer may exclude the hours between 7 in the evening and 9 on the following morning.

(7) During the time so excluded the returning officer must—

(a) place the ballot papers and other documents relating to the election under the returning officer's own seal and the seals of such of the counting agents as desire to affix their seals, and

(b) otherwise take proper precautions for the security of the papers and documents.

Rejected ballot papers

51

(1) Any ballot paper—

(a) which does not bear the official mark, or

(b) on which more than one ... vote is given, or

(c) on which anything is written or marked by which the voter can be identified except the printed number and other unique identifying mark on the back, or

(d) which is unmarked or void for uncertainty ...,

shall, subject to paragraph (2), be void and not counted.

(2) A ballot paper on which the vote is marked—

(a) elsewhere than in the proper place, or

(b) otherwise than by means of a cross, or

shall not for such reason be deemed to be void if—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) ... an intention that a vote shall be for one only of the candidates clearly appears,

and ... the way the paper is marked does not itself identify the voter and it is not shown that he can be identified by it.

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

(4) The returning officer must endorse the word “rejected” on any ballot paper which under this rule is not to be counted, and shall add to the endorsement the words “rejection objected to” if any objection is made to the returning officer's decision by a counting agent.

(5) The returning officer must draw up a provisional statement showing the number of ballot papers rejected, under the several heads of—

(a) want of official mark,

(b) voting for more than one candidate ...,

(d) unmarked or void for uncertainty ....

(6) As soon as practicable after the completion of that statement, the returning officer shall inform the CA/CCA returning officer of its contents.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Decisions on ballot papers

52

The decision of the returning officer on any question arising in respect of a ballot paper shall be final, but shall be subject to review on an election petition.

Re-count

53

(1) A candidate, the candidate's election agent or the counting agent designated under rule 29(3) may, if present when the counting or any re-count of the votes ... is completed, require the returning officer to have the votes re-counted or again re-counted but the returning officer may refuse to do so if in the returning officer's opinion the request is unreasonable.

(2) No step shall be taken on the completion of the counting or any re-count of votes... until the candidates and election agents present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.

Procedure at conclusion of first count

54

(1) As soon as practicable after the conclusion of the count (including any re-count), the returning officer must draw up a provisional statement showing—

(a) the total number of ballot papers used,

(b) the total number of rejected ballot papers, and

(2) As soon as practicable after completion of the statement, the returning officer must—

(a) inform such of the candidates and their election agents as are then present of the contents of the statements prepared in accordance with rule 51(5) and paragraph (1) of this rule, and

(b) as soon as practicable, inform the CA/CCA returning officer of the contents of those statements.

PART 5 — Further provision: three or more candidates

The count of second preference votes

55

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

The calculation of total votes

56

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

PART 6 — Final proceedings in contested and uncontested elections

Combined authority returning officer's re-count

57

(1) Once the CA/CCA returning officer has received the report of any returning officer on the contents of his or her provisional statement prepared under rule 47(7) or 54(1), the CA/CCA returning officer may direct the returning officer to re-count (or further re-count) the votes.

(2) A re-count directed by the CA/CCA returning officer under paragraph (1) may be of the votes in all the electoral area, or in such part of the electoral area as the CA/CCA returning officer considers reasonable.

(3) A returning officer must proceed with a re-count as soon as practicable after receipt of the CA/CCA returning officer's direction, and if not proceeding forthwith shall notify those counting observers entitled to be present at the re-count of the time and place at which the returning officer will begin to re-count the votes.

Combined authority returning officer's direction to count second preference votes

58

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

Returning officer's final statement, central calculation and declaration of result

59

(1) When the CA/CCA returning officer has determined not to direct that any re-count (or further re-count) must take place, he or she must direct the returning officers to draw up a final statement of the matters referred to in rule 47(7) and 54(1) and to provide final versions of their statements of rejected ballot papers.

(2) The returning officer, having drawn up the final statement, must—

(a) forthwith inform the CA/CCA returning officer of its contents, and

(b) as soon as reasonably practicable give the CA/CCA returning officer notice of the number of rejected ballot papers under each head shown in the final statement of rejected ballot papers.

(3) When authorised by the CA/CCA returning officer to do so, the returning officer must—

(a) make a declaration of the matters referred to in the final statement, and

(b) give public notice of those matters together with the number of rejected ballot papers under each head shown in the final statement of rejected ballot papers.

(4) The CA/CCA ... returning officer—

(a) must make arrangements for the making of the calculation under this rule in the presence of the election agents, and

(b) must give to those agents notice in writing of the time and place at which the calculation will begin.

(5) No person other than—

(a) the CA/CCA ... returning officer and the officer's clerks;

(b) the returning officers and a clerk chosen by each of them;

(d) the election agents;

(e) persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000 ,

may be present at a calculation, unless permitted by the CA/CCA returning officer to attend.

(6) A person not entitled to attend a calculation must not be permitted to do so by the CA/CCA ... returning officer unless the officer—

(a) is satisfied that the efficiency of the calculation will not be impeded, and

(b) has either consulted the election agents or thought it impracticable to do so.

(7) As soon as the CA/CCA returning officer has received the information required by paragraph (3) from every returning officer, the CA/CCA returning officer must ascertain the total number of votes given to each candidate.

(8) As soon as the CA/CCA ... returning officer has ascertained the result of the calculation, the officer must inform such of the election agents as are then present of the relevant figures and must give them a reasonable opportunity to satisfy themselves as to the accuracy of the calculation.

(9) A person informed of the relevant figures under paragraph (8) may require the CA/CCA returning officer to make a calculation again but the officer may refuse to do so if in the officer's opinion the request is unreasonable.

(10) In paragraphs (8) and (9), “the relevant figures” means the total number of votes given for each candidate.

(11) Where—

(a) an election is contested ..., and

(b) the total number of votes for each candidate is unequal,

the CA/CCA returning officer must declare the candidate to whom the majority of the votes is given as the person to be returned as the combined authority mayor or, as the case may be, combined county authority mayor.

(12) Where, after the counting of the votes (including any re-count) is completed, an equality of votes is found to exist between any candidates and the addition of a vote would entitle any of those candidates to be returned as mayor, the CA/CCA returning officer must forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.

(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15) The CA/CCA returning officer must give public notice of—

(a) the name of the successful candidate,

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

(c) the number of rejected ballot papers at the election under each head shown in the statement of rejected ballot papers (rule 51(5)), ...

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

(16) In an uncontested election, the CA/CCA 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 person remaining validly nominated,

(b) give public notice of the name of the person declared to be elected.

(17) The CA/CCA returning officer must inform the proper officer of the combined authority or, as the case may be, combined county authority, concerned of the result of the election.

Return or forfeiture of candidate's deposit

60

(1) Unless forfeited in accordance with paragraph (5), the deposit made under rule 10 of these Rules shall be returned to the person making it or that person's personal representative.

(2) Subject to paragraph (4), the deposit shall 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 shall be disregarded if it would be disregarded under rule 4 in computing any period of time for the purpose of the timetable for a CA/CCA mayoral election, and

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

(4) If the candidate is not shown as standing nominated in the statement of persons nominated, or if proof of the candidate's death has been given to the CA/CCA returning officer before the conclusion of the ... count, the deposit shall be returned as soon as practicable after the publication of the statement or after the death, as the case may be.

(5) Where a poll is taken, if, after the conclusion of the ... count, the candidate is found not to have polled more than one-twentieth of the total number of ... votes polled by all the candidates, the deposit shall be forfeited to the combined authority or, as the case may be, combined county authority.

PART 7 — Disposal of documents

Sealing up of ballot papers

61

(1) On the completion of the counting at a contested election the returning officer must seal up in separate packets the counted and rejected ballot papers ....

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

(a) tendered ballot papers,

(b) the completed corresponding number lists,

(ba) the completed ballot paper refusal list,

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

Delivery and retention of documents

62

The returning officer must then forward to the relevant registration officer of the council concerned the following documents—

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

(b) the ballot paper accounts and the statements of rejected ballot papers and of 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 43 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 registers (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the postal voters list, of the lists of proxies and of the proxy postal voters list,

endorsing on each packet a description of its contents, the date of the election to which they relate and the name of the electoral area for which the election was held.

Orders for production of documents

63

(1) An order—

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

(b) for the opening of a sealed packet of the completed corresponding number lists or certificates as to employment on duty on the day of the poll or for the inspection of any counted ballot papers in his custody,

may be made by the 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 an 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 an election petition.

(2) An order 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 for the inspection of any counted ballot papers in the custody of the relevant registration officer may be made by an election court.

(3) An order under this rule may be made subject to such conditions as to—

(a) persons,

(b) time,

(d) production or opening,

as the court making the order may think expedient.

(4) In making and carrying into effect an order for the opening of a packet of completed corresponding number lists or of certificates as to employment on duty on the day of the poll or for the inspection of counted ballot papers, care must be taken that the way in which the vote of any particular elector has been given shall not be disclosed until it has been proved—

(i) that the elector's vote was given, and

(ii) 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 the County Court under this rule.

(6) Any power given under this rule to the County 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 his possession relating to any specified election—

(a) the production by the registration officer or agent of the document ordered in such manner as may be directed by that order shall be conclusive evidence that the document relates to the specified election, and

(b) any endorsement on any packet of ballot papers so produced shall be 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,

shall be prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry in 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) of this paragraph.

(9) Save as provided by this rule, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the relevant registration officer or open any sealed packets of completed corresponding number lists or of certificates as to employment on duty on the day of the poll.

Retention of documents

64

The relevant registration officer must retain for one year all documents relating to an election forwarded to him or her in pursuance of these Rules by a returning officer, and then, unless otherwise directed by an order of the County Court, the Crown Court, a magistrates' court or an election court, must cause them to be destroyed.

PART 8 — Death of candidate

Countermand or abandonment of poll on death of a candidate

65

(1) If at a contested election proof is given to the CA/CCA returning officer's satisfaction before the result of the election is declared that one of the persons named or to be named as candidate in the ballot papers has died, then the CA/CCA returning officer must countermand notice of the poll or, if polling has begun, direct that the poll be abandoned, and the provisions of subsections (1) and (5) of section 39 of the 1983 Act apply in respect of any vacancy which remains unfilled.

(2) Subject to paragraph (4), where the poll is abandoned by reason of a candidate's death no further ballot papers shall be issued, and the presiding officer at any polling station must take the like steps (so far as not already taken) for the delivery to the 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 returning officer must dispose of ballot papers and other documents in the returning 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 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 these Rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at an election apply to any such documents relating to a poll abandoned by reason of a candidate's death subject to 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 is to be made for—

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

(b) for the opening of a sealed packet of the 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 9 — Appendix of forms

Front of ballot paper

The forms contained in this Appendix may be adapted so far as circumstances require.

Forms

Form 1: Nomination paper

Form 2: Candidate’s consent to nomination

Form 3: Ballot paper (two candidates) including directions as to printing

Form 4: Ballot paper (three or more candidates) including directions as to printing

Form 5: Corresponding number List L1

Form 6: Corresponding number List L2

Form 7: Postal voting statement

Form 8: Elector’s official poll card

Form 9: Official postal poll card

Form 10: Official proxy poll card

Form 11: Official proxy postal poll card

Form 12: Directions for guidance of voters

Form 13: Certificate of employment

Form 14: Declaration to be made by the companion of a voter with disabilities.

Form 1 – Form of nomination paper

Form 3 – Ballot paper (two candidates) — Front of ballot paper – addresses shown

Front of ballot paper – address withheld

Form 4 – Ballot paper (three or more candidates) — Front of ballot paper – all addresses shown

Front of ballot paper – address withheld

Form 5 – Corresponding number list L1

Form 6 – Corresponding number list L2

Form 7 – Postal voting statement — Front of statement

Back of statement

Form 8 – Elector’s official poll card — Front of card

Back of card

Form 9 – Official postal poll card

Form 10 – Official proxy poll card

Form 11 – Official proxy postal poll card

Form 12 – Directions for the guidance of voters

Form 13 – Certificate of employment

Form 14 – Declaration of the companion of a voter with disabilities

SCHEDULE 2 — Modifications of Acts and statutory instrument

The Representation of the People Act 1983

1

(1) The Representation of the People Act 1983 has effect in relation to the conduct of a CA/CCA mayoral election with the following modifications.

(2) Section 13AB (alteration of registers: interim publication dates) has effect as if in subsection (5) for “returning officer” there were substituted “ CA/CCA returning officer ”.

(3) Section 13B (alteration of registers: pending elections) has effect as if in subsection (5) in the definition of “the final nomination day” for “returning officer” there were substituted “ CA/CCA returning officer ”.

(4) Section 31 (polling districts and stations at local government elections) has effect as if for subsection (1) there were substituted—

(1) For CA/CCA mayoral elections, the district council may divide an electoral division into polling districts, and may alter any polling district.

(5) Section 35 (returning officers: local elections in England and Wales) has effect as if after subsection (2C) there were inserted—

(2D) Subject to subsection (2E), each constituent council of a combined authority shall appoint an officer of the council to be the returning officer for the election of a combined authority mayor. (2E) Where, in relation to an area within the area of the combined authority, there is both a district council which is a constituent council and a county council which is a constituent council, subsection (2D) shall only apply in relation to the district council. (2F) In subsections (2D) and (2E), “constituent council” has the same meaning as in article 2 of the Combined Authorities (Mayoral Elections) Order 2017. (2FA) Where, in relation to an area within the area of the combined county authority, there is a unitary county council or a unitary district council, that council must appoint an officer of the council to be the returning officer for the election of a combined county authority mayor. (2FB) Where, in relation to an area within the area of the combined county authority, there is both a district council and a county council, the district council must appoint an officer of the council to be the returning officer for the election of a combined county authority mayor.

(6) Section 36 (local elections in England ...) has effect as if—

(a) in subsection (3) in paragraph (a), after “such a councillor,” there were inserted “or the election for a combined authority mayor or combined county authority mayor”,

(b) after subsection (4B) there were inserted—

(4C) All expenditure properly incurred by a returning officer or combined authority returning officer in relation to the holding of a combined authority mayoral election shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the combined authority, exceed that scale, be paid by the combined authority. (4D) All expenditure properly incurred by a returning officer or a combined county authority returning officer in relation to the holding of a combined county authority mayoral election must, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the combined county authority, exceed that scale, be paid by the combined county authority.

(6B) Subsection (6) above shall apply in relation to a CA/CCA mayoral election as it has effect in relation to an election of a councillor for any local government area in England ..., but taking the reference to the council of the area as a reference to the combined authority or to the combined county authority, as the case may be.

(7) Section 39 (local elections void etc. in England and Wales) has effect as if—

(a) in subsection (1) for “returning officer” there were substituted “ CA/CCA returning officer ”;

(b) in subsection (2), after “other reason”, there were inserted “ a CA/CCA mayoral election or ”,

(a) rules under— (i) section 36 or section 36A above, (ii) in the case of a combined authority mayoral election, an order under paragraph 12 of Schedule 5B to the 2009 Act, or (iii) in the case of a combined county authority mayoral election, regulations made under paragraph 12 of Schedule 2 to the 2023 Act, relating to the notice to be given of an election and the manner in which an election is to be conducted apply in relation to the election so ordered to be held as they applied or would have applied in relation to the election which has not been duly held or has failed or become void;

(d) in subsection (6), in paragraph (a)—

(i) in sub-paragraph (i), after “section 36 or section 36A )”, there were inserted “ or Part 6 of the 2009 Act (and the order under paragraph 12 of Schedule 5B to that Act) or Chapter 1 of Part 2 of the 2023 Act (and the regulations made under paragraph 12 of Schedule 2 to that Act)”; and

(ii) there were omitted “, or, as the case may be, the district council, or Welsh county or county borough council,”.

(8) Section 40 (timing as to local elections in England and Wales) has effect as if—

(a) in subsection (1), after “the 1999 Act”, there were inserted “ or an order under paragraph 3 or paragraph 12 of Schedule 5B to the 2009 Act or regulations made under paragraph 3 or paragraph 12 of Schedule 2 to the 2023 Act”,

(b) in subsection (2), after “the 1999 Act” there were inserted “ and (in the case of a combined authority mayoral election) paragraph 2 or an order under paragraph 3 or paragraph 12 of Schedule 5B to the 2009 Act and (in the case of a combined county authority mayoral election) paragraph 2 or regulations made under paragraph 3 or paragraph 12 of Schedule 2 to the 2023 Act”,

(i) after “section 36 or section 36A above”, there were inserted “ or an order under paragraph 3 or paragraph 12 of Schedule 5B to the 2009 Act or an order under paragraph 3 or paragraph 12 of Schedule 2 to the 2023 Act”; and

(ii) after “such rules” (in both places) and “those rules”, there were inserted “or that order (as the case may be)”.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Section 47 (loan of equipment for local elections) has effect as if in subsection (2)—

(a) paragraph (b) were omitted; and

(b) for “those Acts”, there were substituted “ that Act or Part 6 of the 2009 Act or Chapter 1 of Part 2 of the 2023 Act”.

(11) Section 48 (validity of local elections and legal costs) has effect as if in subsection (1), after “section 42 above”, there were inserted “ or an order under paragraph 12 of Schedule 5B to the 2009 Act or regulations made under paragraph 12 of Schedule 2 to the 2023 Act”.

(12) Section 50 (effect of mis-description) has effect as if in paragraph (c)—

(a) after “this Part of this Act”, there were inserted “ (as applied for the purposes of CA/CCA mayoral elections), and an order under paragraph 12 of Schedule 5B to the 2009 Act or regulations under paragraph 12 of Schedule 2 to the 2023 Act”; and

(b) the words “and the parliamentary elections rules,” were omitted.

(13) Section 52 (discharge of registration duties) has effect as if in subsections (1) and (4), after “this Act”, there were inserted “ (including any such functions in relation to CA/CCA mayoral elections) ”.

(14) Section 54 (payment of expenses of registration) has effect as if in subsection (1) after “this Act”, at the first place where these words appear, there were inserted “ (including any such functions in relation to CA/CCA mayoral elections) ”.

(14A) Section 59A (reports on voter identification requirements in Great Britain) has effect as if—

(a) after subsection (5) there were inserted—

(5A) Where this subsection applies, a report prepared in accordance with subsection (4) must also include the effect— (a) in the case of a combined authority, of the combined authority mayoral election corresponding requirements on applications made under the provisions of rules made under paragraph 12 of Schedule 5B to the 2009 Act, (b) in the case of a combined county authority, of the combined county authority mayoral election corresponding requirements on applications made under the provisions of rules made under paragraph 12 of Schedule 2 to the 2023 Act, corresponding to rules 37(1), 38(1), 39(1) and 40(1) of the parliamentary elections rules. (5B) Subsection (5A) applies in respect of a CA/CCA mayoral election where— (a) the day of poll for that CA/CCA mayoral election is the same day as the poll for the ordinary elections of councillors described in subsection (4), (b) the CA/CCA mayoral election relates to a local government area to which the duty in subsection (4) otherwise applies, and (c) the timing of that CA/CCA mayoral election is not determined in accordance with article 6 of the Combined Authorities (Mayors) (Filling of Vacancies) Order 2017 (filling of casual vacancies by by-elections). (5C) In subsection (5A)— (a) “combined authority mayoral election corresponding requirements” means the requirements corresponding to the voter identification requirements that have effect in relation to combined authority mayoral elections by virtue of rules made under paragraph 12 of Schedule 5B to the 2009 Act; (b) “combined county authority mayoral election corresponding requirements” means the requirement corresponding to the voter identification requirements that have effect in relation to combined county authority mayoral elections by virtue of rules made under paragraph 12 of Schedule 2 to the 2023 Act.

(b) in subsection (6), after paragraph (b) there were inserted—

(c) in the case of a report under subsection (4) to which subsection (5A) applies, information provided to the Secretary of State under any provision of rules— (i) in relation to combined authorities, made under paragraph 12 of Schedule 5B to the 2009 Act, (ii) in relation to combined county authorities, made under paragraph 12 of Schedule 2 to the 2023 Act, corresponding to rule 40B of the parliamentary elections rules.

(15) Section 61 (other voting offences) has effect as if—

(a) after subsection (2A) insert there were inserted—

(2B) In the case of a CA/CCA mayoral election, paragraph (a) of subsection (2) above shall not have effect; but a person shall be guilty of an offence under this subsection if he votes as an elector otherwise than by proxy more than once at the same CA/CCA mayoral election.

(b) after subsection (3A) there were inserted—

(3AA) In the case of a CA/CCA mayoral election, paragraph (a) of subsection (3) above shall not have effect; but a person shall be guilty of an offence under this subsection if he votes as a proxy for the same elector more than once at the same CA/CCA mayoral election.

(ba) in subsection (6ZB), for “2)(a)(i), (2A)(a) to (c), (3)(a)(i) and (3A)(a) to (c)” there were substituted “(2A)(a) to (c), (2B), (3A)(a) to (c) and (3AA)”;

(c) in subsection (6A), for “rule 40 (1ZC) or (1ZE) of the parliamentary elections rules”, there were substituted “ rule 40(4) or (6) of the ... Mayoral Elections Rules ”.

(16) Section 65A (false statements in nomination papers etc.) has effect as if in subsection (1) after paragraph (aa) there were inserted—

(ab) a statement under rule 6(7)(b) of the ... Mayoral Elections Rules which the person knows to be false in any particular, or

(17) Section 67 (appointment of election agent) has effect as if in subsection (2)—

(a) after “this Act”, where it first appears, there were inserted “ or, in the case of a combined authority mayoral election, such of the provisions of this Act as are applied by an order under paragraph 12 of Schedule 5B to the 2009 Act, or, in the case of a combined county authority mayoral election, such of the provisions of this Act as are applied by regulations made under paragraph 12 of Schedule 2 to the 2023 Act,”;

(b) after “this Act”, in the second place, there were inserted “ or, in the case of a CA/CCA mayoral election, any applicable provision of this Act, ”

(c) in relation to a CA/CCA mayoral election, the CA/CCA returning officer.

(18) Section 68 (nomination of sub-agent) has effect as if—

(a) in subsection (1), after “an Authority election,” there were inserted “ or CA/CCA mayoral election ”;

(b) in subsection (3) for “second” there were substituted “ fifth ”.

(19) Section 69 (office of election agent or sub-agent) has effect as if in subsection (2) after paragraph (b) there were inserted—

(c) of an election agent for a combined authority mayoral election shall be within the combined authority area for which the election of the combined authority mayor is held, and that of a sub-agent shall be in the area within which he or she is appointed to act. (d) of an election agent for a combined county authority mayoral election must be within the combined county authority area for which the election of the combined county authority mayor is held, and that of a sub-agent must be in the area within which that sub-agent is appointed to act

(20) Section 70 (effect of default in election agent's appointment) has effect as if—

(a) in subsection (4)(a) for the words in brackets there were substituted “ (or where, in the case of a CA/CCA mayoral election, the address is not given on that statement, the address as given in accordance with rule 9(b) of Schedule 1 or Schedule 3, as the case may be, to the Combined Authorities (Mayoral Elections) Order 2017 ”;

(b) after subsection (7) there were inserted—

(7A) Subsection (6) applies whether or not a statement has been made under rule 6(7) of the ... Mayoral Elections Rules requiring the candidate's home address not to be made public.

(21) Section 76 (limitation of election expenses) has effect as if for subsection (2) there were substituted—

(2) That maximum amount is £3,040 multiplied by the total number of constituent councils together with an additional 8p for every entry in the register of electors to be used at the election.

(22) Section 85 (penalty for “sitting or voting” where no return and declarations transmitted) has effect as if subsection (2) were omitted.

(23) Section 85A (disqualification where no return and declarations transmitted after election of Mayor of London) has effect as if—

(a) for “an election of the Mayor of London” there were substituted “ a combined authority mayoral election ”; and

(b) for “Mayor of London”, in the second place, there were substituted “ combined authority mayor or, as the case may be, the combined county authority mayor”.

(24) Section 87A (duty of appropriate officer to forward returns and declarations to Electoral Commission) has effect as if in subsection (1) after paragraph (b) there were inserted “or, (c) a CA/CCA mayoral election”.

(25) Section 94 (imitation poll cards) has effect as if in subsection (2)—

(a) after “section 36” there were inserted “ above, or an order under paragraph 12 of Schedule 5B to the 2009 Act , or regulations made under paragraph 12 of Schedule 2 to the 2023 Act”; and

(b) after “the rules”, there were inserted “ or, as the case may be, the order or regulations”.

(26) Section 96 (schools and rooms for local election meetings) has effect as if in subsection (1), after “section 36”, there were inserted “ above, or an order under paragraph 12 of Schedule 5B to the 2009 Act , or regulations made under paragraph 12 of Schedule 2 to the 2023 Act”.

(27) Section 97 (disturbances at election meetings) has effect as if in subsection (2), in paragraph (b), after “section 36”, there were inserted “ above, or an order under paragraph 12 of Schedule 5B to the 2009 Act , or regulations made under paragraph 12 of Schedule 2 to the 2023 Act”.

(28) Section 99 (officials not to act for candidates) has effect as if in subsection (1), in paragraph (b), after “section 36”, there were inserted “ above, or an order under paragraph 12 of Schedule 5B to the 2009 Act , or regulations made under paragraph 12 of Schedule 2 to the 2023 Act”.

(29) Section 118A (meaning of candidate) has effect as if in subsection (3), after “local government Act”, there were inserted “ , at an election for a combined authority mayor under the 2009 Act or at an election for a combined county authority mayor under the 2023 Act”.

(30) Section 199B (translation of certain documents) has effect as if in subsection (6), after paragraph (b) there were inserted—

(ba) in the case of an election for a combined authority mayor under the 2009 Act, must have printed at the top of the list of candidates the words “Vote (x) for one candidate only” ...; (bb) in the case of an election for a combined county authority mayor under the 2023 Act, must have printed at the top of the list of candidates the words “Vote (x) for one candidate only”.

(31) Section 203 (local government provisions as to England and Wales) has effect as if in subsection (1)—

(a) after the definition of “the 1999 Act”, there were inserted—

“the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009; "the 2023 Act" means the Levelling-up and Regeneration Act 2023;

(b) after the definition of “Authority election” there were inserted—

“combined authority” means an authority established under section 103(1) of the 2009 Act;” “combined authority mayoral election” means the election of a mayor for a combined authority under Part 6 of the 2009 Act; “combined authority returning officer” has the same meaning as in article 2 of the Combined Authorities (Mayoral Elections) Order 2017. “CA/CCA mayoral election” means a combined authority mayoral election or, as the case may be, a combined county authority mayoral election; “combined county authority” means an authority established under section 9 of the 2023 Act; “combined county authority mayoral election” means the election of a mayor for a combined county authority under Chapter 1 of Part 2 of the 2023 Act; “combined county authority returning officer” has the same meaning as in article 2 of the Combined Authorities (Mayoral Elections) Order 2017;

(d) the combined authority area for which the election of a combined authority mayor is held under the 2009 Act; (e) the combined county authority area for which the election of a combined county authority mayor is held under the 2023 Act;

(d) in the definition of “local government election”, at the end of paragraph (b), there were inserted—

or (c) any CA/CCA mayoral election;

(e) in subsection (1A), at the end, there were inserted “or a CA/CCA mayoral election”.

(32) Schedule 4A (election expenses) has effect as if in paragraph 7 for “rule 9 of Schedule 1 to this Act” there were substituted “ rule 10 of Schedule 1 or Schedule 3, as the case may be, to the Combined Authorities (Mayoral Elections) Order 2017 ”.

The Representation of the People Act 1985

2

(1) The Representation of the People Act 1985 has effect in relation to the conduct of a CA/CCA mayoral election with the following modifications.

(2) Section 15 (combination of polls at parliamentary ... and local elections) has effect as if—

(a) in subsection (1), at the end of paragraph (b), there were inserted—

(ca) a CA/CCA mayoral election and an election of one or more of the descriptions specified in paragraph (b) or a local authority mayoral election,

(b) subsection (5) were omitted.

The Representation of the People Act 2000

3

(1) The Representation of the People Act 2000 has effect in relation to the conduct of a CA/CCA mayoral election with the following modifications.

(1A) Section 10 (pilot schemes for local elections in England and Wales) has effect as if—

(a) in subsections (2) and (7)(a), for “Representation of the People Acts” in both places where those words occur, there were substituted—

(i) “Local Democracy, Economic Development and Construction Act 2009” in the case of a combined authority mayoral election, and

(ii) “Levelling-up and Regeneration Act 2023” in the case of a combined county authority mayoral election;

(iii) a combined authority established by an order under Part 6 of the Local Democracy, Economic Development and Construction Act 2009. (iv) a combined county authority established by regulations made under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023

(1B) Section 11 (revision of procedures in light of pilot schemes) has effect as if—

(a) in subsection (2), in paragraph (a) for “local government area” there were substituted “combined authority area or, as the case may be, combined county authority area”;

(b) in subsection (5), for “local government area” there were substituted “combined authority area or, as the case may be, combined county authority area”;

(c) in subsection (6), for “Rules made under section 36 of the 1983 Act (local elections in England and Wales)” there were substituted “An order made under paragraph 12 of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 (mayors for combined authority areas: further provision about elections) or regulations made under paragraph 12 of Schedule 2 to the Levelling-up and Regeneration Act 2023 (mayors for combined county authority areas: further provision about elections). ”

(2) Schedule 4 (absent voting in Great Britain) has effect as if—

(a) in paragraph 1, in sub-paragraph (1)—

(i) in the definition of “the appropriate rules”, at the end of paragraph (b), there were inserted—

and (c) in the case of a CA/CCA mayoral election, the Mayoral Elections Rules, within the meaning of the Combined Authorities (Mayoral Elections) Order 2017;

(ii) after that definition, there were inserted the following definitions—

“CA/CCA mayoral election” means a combined authority mayoral election or, as the case may be combined county authority mayoral election;

“combined authority mayoral election” means an election of a mayor for a combined authority in accordance with Part 6 of the Local Democracy, Economic Development and Construction Act 2009;

“combined county authority mayoral election” means an election for a mayor for a combined county authority in accordance with Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023;

(iii) in the definition of “local government election”, at the end there were inserted “and includes a CA/CCA mayoral election”.

(b) in paragraph 2, in sub-paragraph (6A) for “rule 40(1ZC) or (1ZE) of the parliamentary elections rules”, there were substituted “ rule 40(4) or (6) of the ... Mayoral Elections Rules ”.

(c) in paragraph 7, in sub-paragraph (10) for “rule 40(1ZC) or (1ZE) of the parliamentary elections rules”, there were substituted “ rule 40(4) or (6) of the ... Mayoral Elections Rules ”.

The Political Parties, Elections and Referendums Act 2000

4

(1) The Political Parties, Elections and Referendums Act 2000 has effect in relation to the conduct of a CA/CCA mayoral election with the following modifications.

(2) Schedule 7 (control of donations to individuals and members associations) has effect as if—

(a) in paragraph 1 after sub-paragraph (2) there were inserted—

(2A) “Combined authority” means a combined authority established by an order under Part 6 of the Local Democracy, Economic Development and Construction Act 2009. (2B) “Combined county authority” means a combined county authority established by regulations made under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023.

(b) in paragraph 1(8) in sub-paragraph (g) after “the Local Government Act 2000” there were inserted “ or mayor for a combined authority or, as the case may be, a combined county authority”,

(c) in paragraph 4(1)(aa) after “local authority” there were inserted “ or combined authority or, as the case may be, a combined county authority”,

(d) in paragraph 15A(3) after sub-paragraph (c) there were inserted—

(d) if the holder of a relevant elective office is a mayor of a combined authority, the combined authority of which he is the mayor. (e) if the holder of a relevant elective office is a mayor of a combined county authority, the combined county authority of which that person is the mayor.

(3) Schedule 7A (control of loans etc. to individuals and member associations) has effect as if—

(a) in paragraph 1 after sub-paragraph (2) there were inserted—

(2A) “Combined authority” means a combined authority established by an order under Part 6 of the Local Democracy, Economic Development and Construction Act 2009. (2B) “Combined county authority” means a combined county authority established by regulations made under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023.

(b) in paragraph 16(4) after sub-paragraph (c) there were inserted—

(d) if the holder of a relevant elective office is a mayor of a combined authority, the combined authority of which he is the mayor. (e) if the holder of a relevant elective office is a mayor of a combined county authority, the combined county authority of which he is the mayor.

The Representation of the People (England and Wales) Regulations 2001

5

(1) The Representation of the People (England and Wales) Regulations 2001 have effect in relation to the conduct of a CA/CCA mayoral election with the following modifications.

(2) Regulation 3 (interpretation) has effect as if—

(a) at the end of paragraph (2)(b) there were inserted—

, or (c) the corresponding rule in the Combined Authorities (Mayoral Elections) Order 2017 in the case of an election of a mayor for a combined authority or a combined county authority.

(b) at the end of paragraph (4) there were inserted—

(5) A reference in these Regulations to a local government election shall, except in paragraph (2)(b) above, include an election of a mayor for a combined authority under Part 6 of the Local Democracy, Economic Development and Construction Act 2009 and an election for a mayor for a combined county authority under regulations made under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023.

(3) Regulation 50 (interpretation of Part 4) has effect as if at the end of the definition of “Schedule 4” there were inserted “ as modified by Schedule 2 to the Combined Authorities (Mayoral Elections) Order 2017. ”

(4) Regulation 64 (interpretation of Part 5) has effect as if, at the appropriate place, there were inserted—

“candidate” includes a candidate at a combined authority mayoral election under Part 6 of the Local Democracy, Economic Development and Construction Act 2009 and a candidate at a combined county authority mayoral election under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023;

(5) Regulation 65 (combination of polls) has effect as if in paragraph (1), after sub-paragraph (b) there were inserted—

, or (c) subsection (3) of section 36 of the 1983 Act, as modified by Schedule 2 to the Combined Authorities (Mayoral Elections) Order 2017,

(6) Regulation 69 (agents of candidates who may attend proceedings on receipt of postal ballot papers) has effect as if in paragraphs (4) and (6) for “returning officer” there were substituted “ CA/CCA returning officer ”.

(6A) Regulation 82A (postal voting documents handed in to the returning officer) has effect as if, in paragraph (1), in sub-paragraph (b), after paragraph (i) there were inserted—

(ia) rule 47(3)(a) or 50(6)(a) of the ... Mayoral Elections Rules;

(7) Regulation 103 (supply of register etc. to elected representatives for electoral purposes and restrictions on use) has effect as if—

(a) in paragraph (1) after subparagraph (g) there were inserted—

(h) the mayor for the area of a combined authority by virtue of an order under section 107A(1) of the Local Democracy, Economic Development and Construction Act 2009 where the registration area falls wholly or partly within the area of the combined authority. (i) the mayor for the area of a combined county authority by virtue of regulations made under section 27(1) of the Levelling-up and Regeneration Act 2023 where the registration area falls wholly or partly within the area of the combined county authority

(b) in paragraph (2) after subparagraph (g) there were inserted—

(h) in the case of a mayor falling within paragraph (1)(h) above, is so much of them as relates to any part of the area of the combined authority for which he is elected as falls within the registration area. (i) in the case of a mayor falling within paragraph (1)(i) above, is so much of them as relates to any part of the area of the combined county authority for which that mayor is elected as falls within the registration area.

The Electoral Administration Act 2006

6

(1) The Electoral Administration Act 2006 has effect in relation to the conduct of a CA/CCA mayoral election with the following modifications.

(2) Section 32 (photographs on ballot papers: piloting) has effect as if—

(a) in subsections (1), (5) and (6) for “local authority” there were substituted “ combined authority ” or, as the case may be “combined county authority” in each place;

(b) in subsection (5) for “local authority's” there were substituted “combined authority's” or, as the case may be “combined county authority’s”,

(3) Section 44 (access to other election documents: supplementary) has effect as if in subsection (12), at the end there were inserted “subject to modifications made by the Combined Authorities (Mayoral Elections) Order 2017.”.

(4) Section 69 (encouraging electoral participation) has effect as if in subsection (9) at the end, there were inserted—

(g) elections for mayors for combined authorities under Part 6 of the Local Democracy, Economic Development and Construction Act 2009. (h) elections for mayors for combined county authorities under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023

SCHEDULE 3 — ... Mayoral Election (Combination of Polls) Rules

Form 1: Nomination paper

Form 2: Candidate’s consent to nomination

Form 3: Ballot paper (two candidates) including directions as to printing

Form 4: Ballot paper (three or more candidates) including directions as to printing

Form 5: Corresponding Number List L1

Form 6: Corresponding Number List L2

Form 7(1): Postal Voting Statement

Form 7(2): Postal Voting Statement

Form 8: Elector’s official poll card

Form 9: Official postal poll card

Form 10: Official proxy poll card

Form 11: Official proxy postal poll card

Form 12: Directions for guidance of voters

Form 13: Certificate of employment

Form 14: Declaration to be made by the companion of a voter with disabilities.

PART 1 — General provisions

Citation

1

These Rules may be cited as the ... Mayoral Elections (Combination of Polls) Rules.

Interpretation

2

(1) In these Rules—

“anonymous elector’s document” has the meaning given in regulation 3(1) of the Voter Identification Regulations 2022;

“the Appendix” means the Appendix to these Rules contained in Part 9 of this Schedule;

“the Combination of Polls Regulations” means the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 ;

“counting observer” has the same meaning as in regulation 2(1) of the Referendums Regulations;

“petition organiser” has the same meaning as in regulation 3 of the Local Authorities (Referendums) (Petitions) (England) Regulations 2011 ;

“polling observer” has the same meaning as in regulation 2(1) of the Referendums Regulations;

“temporary electoral identity document” has the meaning given in regulation 3(1) of the Voter Identification Regulations 2022.

“voting area” has the same meaning as in regulation 2 of the Referendums Regulations.

(2) In the case of a referendum, a reference to—

(a) a “candidate” shall be construed as a reference to a petition organiser,

(b) an “election agent” or a “counting agent” shall be construed as a reference to a counting observer,

(d) a “returning officer” shall be construed as a reference to a counting officer.

(3) Subject to paragraph (4), other expressions used both in these Rules and in the 1983 Act (as it applies to local government elections) have the same meaning in these Rules as they have in that Act.

(4) Where such expressions are used in relation to a CA/CCA mayoral election, they have the meaning as defined in article 2 or modified by article 3.

PART 2 — Provisions as to time

Timetable

3

The proceedings at the election shall be conducted in accordance with the following Timetable:

Computation of time

4

(1) In computing any period of time for the purposes of the Timetable—

(a) a Saturday or Sunday,

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

shall be disregarded, and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll nor shall the returning officer be obliged to proceed with the counting of the votes on such a day.

(2) In this rule, “bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales .

PART 3 — Stages common to contested and uncontested elections

Notice of Election and provision of information to calculate election expense limits

5

(1) The CA/CCA returning officer must publish notice of the election stating—

(a) the place and times at which nomination papers are to be delivered, and

(b) the date of the poll in the event of a contest,

and the notice must state that forms of nomination papers may be obtained at that place and those times.

(2) The notice of election must also state the arrangements which apply for the payment of the deposit required by rule 10 to be made by means of the electronic transfer of funds.

(3) The notice of election must state the date by which—

(a) applications to vote by post or by proxy, and

(b) other applications and notices about postal or proxy voting,

must reach the registration officer in order that they may be effective for the election.

(4) Paragraphs (5) and (6) apply for the purposes of enabling persons to calculate the limitation of election expenses in accordance with section 76 of the Representation of the People Act 1983 (as modified by paragraph 1(21) of Schedule 2 to this Order).

(5) The CA/CCA returning officer must calculate the total number of entries in the register of electors to be used at the election as it has effect on the last day for publication of notice of the election in accordance with rule 3 and must, on written request, provide that information together with the total number of constituent councils.

(6) The information referred to in paragraph (5) must be provided as soon as practicable after the written request is received.

Nomination of candidates

6

(1) Each candidate must be nominated by a separate nomination paper.

(2) A nomination paper must be in the appropriate form in the Appendix or a form to the like effect and shall be delivered at the place fixed for the purpose by the CA/CCA returning officer.

(3) ...A nomination paper must state the candidate's—

(a) full names, and

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

and the surname must be placed first in the list of names.

(4) If a candidate—

(a) commonly uses a surname that is different from any other surname the candidate has,

(b) commonly uses a forename that is different from any other forename the candidate has, or

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (3)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (3)(a).

(5) The description (if any) can only be—

(a) one authorised as mentioned in rule 7(1) or (3), or

(b) the word “Independent”.

(6) The nomination paper must be accompanied by a form (in these Rules referred to as the “home address form”) which states—

(a) the candidate’s—

(i) full names,

(ii) home address in full, and

(iii) qualifying address or, if the candidate declares they are qualified by more than one of the qualifications mentioned in paragraph (9), qualifying addresses;

(b) the attesting person’s—

(i) full names, and

(ii) home address in full.

Provision in paragraph (2) about delivery of the nomination paper applies also to the home address form.

(7) The home address form—

(a) may contain a statement made and signed by the candidate that the candidate requires their home address not to be made public, and

(b) if it does so, must—

(i) if that address is in the United Kingdom, state the relevant area;

(ii) if that address is outside the United Kingdom, state the country within which it is situated.

(8) The home address form must also state, in relation to each qualifying address, which of the qualifications mentioned in paragraph (9) that address relates to.

(9) In this rule, “qualifying address”, in relation to a candidate, means—

(a) if the candidate declares in their consent to nomination that they are qualified to be elected as mayor by virtue of being registered as a local government elector at a particular address, that address;

(b) if the candidate declares in that consent that they are qualified to be elected as mayor by virtue of owning or occupying land or other premises in a particular area, a description and the address of that land or those premises;

(c) if the candidate declares in that consent that they are qualified to be elected as mayor by virtue of their principal or only place of work being in a particular area, the address in full of that place of work;

(d) if the candidate declares in that consent that they are qualified to be elected as mayor by virtue of residing in a particular area, the address, or addresses, in full at which the candidate has so resided.

(10) In this rule—

“attesting person”, in relation to a candidate, means the person who attests the candidate’s consent to nomination in accordance with rule 9(1)(c);

“relevant area”—in relation to a home address which is in England, means—if it is within a district for which there is a district council, that district;if it is within a county in which there are no districts with councils, that county;if it is within a London borough, that London borough;if it is within the City of London (including the Inner and Middle Temples), the City of London;if it is in the Isles of Scilly, the Isles of Scilly;in relation to a home address which is in Wales, means—if it is within a county, that county;if it is within a county borough, that county borough;in relation to a home address in Scotland, means the local government area in which it is situated;in relation to a home address in Northern Ireland, means the local government district in which it is situated.

Nomination papers: name of registered political party

7

(1) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with a registered political party unless the party is a qualifying party in relation to the electoral area and the description is authorised by a certificate—

(a) issued by or on behalf of the registered nominating officer of the party, and

(b) received by the CA/CCA returning officer before the last time for the delivery of nomination papers set out in the Timetable in rule 3.

(2) In paragraph (1) an authorised description may be either—

(a) the name of the party registered under section 28 of the Political Parties, Elections and Referendums Act 2000 , or

(b) a description of the party registered under section 28A of that Act.

(3) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with two or more registered political parties unless the parties are each qualifying parties in relation to the electoral area and the description is a registered description authorised by a certificate—

(a) issued by or on behalf of the registered nominating officer of each of the parties, and

(b) received by the CA/CCA returning officer before the last time for the delivery of nomination papers set out in the Timetable in rule 3.

(4) For the purposes of paragraph (3), a description is a registered description if it is a description registered for use by the parties under section 28B of the Political Parties, Elections and Referendums Act 2000.

(5) A person shall be guilty of a corrupt practice if that person fraudulently purports to be authorised to issue a certificate under paragraph (1) or (3) on behalf of a registered political party's nominating officer.

(6) For the purposes of the application of this rule in relation to an election—

(a) “registered political party” means a party which was registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at that election,

(b) a registered political party is a qualifying party in relation to an electoral area if the party was on the relevant day registered in respect of that part of Great Britain in the Great Britain register maintained under that Part of that Act.

(7) For the purposes of paragraph (6)(a), any day falling within rule 4(1) must be disregarded.

Subscription of nomination paper

8

(1) Subject to paragraphs (2) and (3), the nomination paper must be subscribed by two electors as proposer and seconder, and by at least ninety-eight other electors as assenting to the nomination.

(2) The subscribers referred to in paragraph (1) must include at least 10 local government electors in respect of each relevant constituent council.

(3) Where there are more than 10 relevant constituent councils, the minimum number of subscribers referred to in paragraph (1) shall be the number of relevant constituent councils multiplied by 10

(4) Where a nomination paper has the signatures of more than the required number of persons as proposing, seconding or assenting to the nomination of a candidate, the signature or signatures (up to the required number) appearing first on the paper in each category must be taken into account to the exclusion of any others in that category.

(5) The nomination paper must give the electoral number of each person subscribing it.

(6) The CA/CCA returning officer—

(a) must supply any elector with as many forms of nomination paper and forms of consent to nomination as may be required at the place and during the time for delivery of nomination papers, and

(b) must at any elector's request prepare a nomination paper for signature,

but it is not necessary for a nomination or consent to nomination to be on a form supplied by the CA/CCA returning officer.

(7) In this rule—

“elector” means a person entitled to vote as an elector at the CA/CCA mayoral election and who is registered in the register of local government electors on the last day for the publication of notice of the election; and includes a person then shown in the register as below voting age if (and only if) it appears from the register that the person will be of voting age on the day fixed for the poll;

“local government elector” means a person who is registered in the register of local government electors at an address within the constituent council’s area on the last day for the publication of the notice of election; and includes a person then shown in the register as below voting age if (but only if) it appears from the register that the person will be of voting age on the day fixed for the poll;

“relevant constituent council”—in relation to a combined authority, means a district council which is a constituent council, or in the case of an area for which there is no district council, the county council, andin relation to a combined county authority, means a constituent council.

(8) But, in this rule, “elector” does not include a person who has an anonymous entry in the register of local government electors.

9

(1) A person shall not be validly nominated unless their consent to nomination—

(a) is given in writing, on or within one month before the last day for the delivery of nomination papers,

(b) where the election is a combined authority mayoral election, is in the appropriate form in the Appendix or a form to the like effect and includes a copy of paragraph 9 and 9A of Schedule 5B to the 2009 Act, section 34 of the Localism Act 2011 , section 30 of the Elections Act 2022 and, where the combined authority mayor is to exercise functions of a police and crime commissioner in accordance with an order made under Schedule 5C to the 2009 Act, sections 64 to 68 of the Police Reform and Social Responsibility Act 2011,

(ba) where the election is a combined county authority mayoral election, is in the appropriate form in the Appendix or a form to the like effect and includes a copy of paragraphs 8 and 9 of Schedule 2 to the 2023 Act, section 34 of the Localism Act 2011, section 30 of the Elections Act 2022 and, where the combined county authority mayor is to exercise functions of a police and crime commissioner in accordance with regulations made under Schedule 3 to the 2023 Act, sections 64 to 68 of the Police Reform and Social Responsibility Act 2011,

(d) is delivered at the place and within the time for the delivery of nomination papers.

Deposits

10

(1) A person shall not be validly nominated unless the sum of £5000 is deposited by that person or on that person's behalf, with the CA/CCA returning officer at the place and within the time for delivery of nomination papers.

(2) The deposit may be made either—

(a) by the deposit of any legal tender, or

(b) by means of a banker's draft, or

(c) with the CA/CCA returning officer's consent, in any other manner (including by means of a debit or credit card or the electronic transfer of funds),

but the CA/CCA returning officer may refuse to accept a deposit sought to be made by means of a banker's draft if the CA/CCA returning officer does not know that the drawer carries on business as a banker in the United Kingdom.

(3) Where the deposit is made on behalf of the candidate, the person making the deposit must at the time it is made give his or her name and address to the CA/CCA returning officer (unless they have previously been given to the CA/CCA returning officer under section 67 (appointment of election agent) of the 1983 Act).

Place for delivery of nomination papers and right to attend nomination

11

(1) The CA/CCA returning officer must fix the place in the area of the combined authority or, as the case may be, combined county authority, at which nomination papers are to be delivered to that officer, and must attend there during the time for their delivery and for the making of objections to them.

(2) Except for the purpose of delivering a nomination paper or of assisting the CA/CCA returning officer, no other person is entitled to attend the proceedings during the time for delivery of nomination papers or for making objections to them unless that person is—

(a) a person standing nominated as a candidate, or

(b) the election agent, proposer or seconder of such a person, or

(c) a person who is entitled to attend by virtue of section 6A or 6B of the Political Parties and Referendums Act 2000 Act .

(3) Where a candidate is the candidate's own election agent, the candidate may name one other person and that person is entitled to attend in place of the election agent.

(4) Where a person stands nominated by more than one nomination paper, only the persons subscribing as proposer and seconder—

(a) to such one of those papers as the candidate may select, or

(b) in default of such a selection, to that one of those papers which is first delivered,

are entitled to attend as the person's proposer and seconder.

(5) The right to attend conferred by this rule includes the right—

(a) to inspect, and

(b) to object to the validity of,

any nomination paper and associated home address form.

(6) Paragraph (5) does not apply to a person mentioned in paragraph (2)(c).

(7) One other person chosen by each candidate is entitled to be present at the delivery of the candidate's nomination, and may afterwards (so long as the candidate stands nominated) attend the proceedings referred to in paragraph (2) but without the right referred to in paragraph (5).

(8) The CA/CCA returning officer must not permit a home address form to be inspected otherwise than in accordance with this rule, or for some other purpose authorised by law.

Decisions as to validity of nomination papers and home address forms

12

(1) Where a nomination paper and the candidate's consent to nomination and home address form are delivered in accordance with these Rules, the candidate shall be deemed to stand nominated unless and until—

(a) the CA/CCA returning officer decides that the nomination paper is invalid, or

(b) the CA/CCA returning officer decides that the candidate’s home address form—

(i) does not comply with the requirements of rule 6(6) or (8), or

(ii) if the form contains a statement under rule 6(7)(a), does not comply with the signature requirement in that rule or the requirements of rule 6(7)(b), or

(d) the candidate withdraws.

(2) The CA/CCA returning officer is entitled to hold the nomination paper of a person invalid only on one of the following grounds—

(a) that the particulars of the candidate or of the persons subscribing the paper are not as required by law, ...

(b) that the paper is not subscribed as so required,

(c) that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.

(3) Subject to paragraph (4), the CA/CCA returning officer must, as soon as practicable after each nomination paper and home address form have been delivered, examine them and decide whether the candidate has been validly nominated.

(4) If in the CA/CCA returning officer's opinion a nomination paper breaks rule 7(1) or (3), the CA/CCA returning officer must give a decision to that effect—

(a) as soon as practicable after the delivery of the nomination paper, and

(b) in any event, before the end of the period of 24 hours starting with the last time for delivery of nomination papers set out in the Timetable in rule 3.

(5) Where the CA/CCA returning officer decides that a nomination paper is invalid, the CA/CCA returning officer must endorse and sign on the paper the fact and the reasons for that decision.

(6) The CA/CCA returning officer must send notice of the decision that a nomination paper is valid or invalid to each candidate at the candidate's home address as given in the home address form.

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The Combined Authorities (Mayoral Elections) Order 2017

Attendance at verification

46

Procedure at verification of ballot paper accounts

47

Additional steps: verification and count carried out at different places

48

Attendance at the count

49

The first count

50

Rejected ballot papers

51

Decisions on ballot papers

52

Re-count

53

Procedure at conclusion of first count

54

PART 5 — Further provision: three or more candidates

The count of second preference votes

55

The calculation of total votes

56

PART 6 — Final proceedings in contested and uncontested elections

Combined authority returning officer's re-count

57

Combined authority returning officer's direction to count second preference votes

58

Returning officer's final statement, central calculation and declaration of result

59

Return or forfeiture of candidate's deposit

60

PART 7 — Disposal of documents

Sealing up of ballot papers

61

Delivery and retention of documents

62

Orders for production of documents

63

Retention of documents

64

PART 8 — Death of candidate

Countermand or abandonment of poll on death of a candidate

65

PART 9 — Appendix of forms

Forms

Form 1 – Form of nomination paper

Form 2 – Candidate’s consent to nomination

Form 3 – Ballot paper (two candidates) — Front of ballot paper – addresses shown

Front of ballot paper – address withheld

Form 4 – Ballot paper (three or more candidates) — Front of ballot paper – all addresses shown

Front of ballot paper – address withheld

Form 5 – Corresponding number list L1

Form 6 – Corresponding number list L2

Form 7 – Postal voting statement — Front of statement

Back of statement

Form 8 – Elector’s official poll card — Front of card

Back of card

Form 9 – Official postal poll card

Form 10 – Official proxy poll card

Form 11 – Official proxy postal poll card

Form 12 – Directions for the guidance of voters

Form 13 – Certificate of employment

Form 14 – Declaration of the companion of a voter with disabilities

SCHEDULE 2 — Modifications of Acts and statutory instrument

The Representation of the People Act 1983

1

The Representation of the People Act 1985

2

The Representation of the People Act 2000

3

The Political Parties, Elections and Referendums Act 2000

4

The Representation of the People (England and Wales) Regulations 2001

5

The Electoral Administration Act 2006

6

SCHEDULE 3 — ... Mayoral Election (Combination of Polls) Rules

PART 1 — General provisions