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The Police and Crime Commissioner Elections Order 2012

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Police and Crime Commissioner Elections Order 2012 No. 1917

Effect of default of election agent’s appointment

This section has no associated Explanatory Memorandum

29.—(1) If no person’s name and address is given as required by article 26 as the election agent of a candidate who remains validly nominated at the latest time for delivery of notices of withdrawals, the candidate is deemed at that time to be appointed as election agent and any appointment of another person as the candidate’s election agent is revoked by virtue of this paragraph.

(2) If—

(a)the person (not being the candidate) whose name and address have been so given as those of the candidate’s election agent dies, and

(b)a new appointment is not made on the day of the death or on the following day,

the candidate is deemed to be appointed as election agent as from the time of death.

(3) If the appointment of a candidate’s election agent is revoked without a new appointment being made, the candidate is deemed to be appointed (or re-appointed) as election agent.

(4) The deemed appointment of a candidate as the candidate’s own election agent may be revoked as if it were an actual appointment.

(5) Where a candidate is by virtue of this article to be treated as the candidate’s own election agent, the office of the election agent is deemed to be—

(a)at the candidate’s address as given in the statement of persons nominated (or where the address is not given on that statement, the address as given under rule 5(5) of the PCC elections rules), or

(b)if that address is outside the permitted area for the office, at the qualifying address of the person (or first person) named in that statement as proposer of the candidate.

(6) The police area returning officer on being satisfied that a candidate is by virtue of this article to be treated as the candidate’s own election agent, must forthwith—

(a)give public notice to the like effect as if the name and address of the candidate and the address of the candidate’s office had been duly given to the officer under articles 26 and 28, and

(b)forward the information to the local returning officer for each voting area wholly or partly comprised in the police area.

(7) Paragraph (6) applies whether or not a statement has been made under rule 5(6) of the PCC elections rules requiring the candidate’s home address not to be made public.

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