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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

  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Meaning of “candidate”

  3. PART 2 PCC

    1. Registration

      1. 4.Effect of register of electors

      2. 5.Effect of misdescription

      3. 6.Discharge of registration duties

      4. 7.Payment of expenses of registration

      5. 8.Effect of registration appeals

    2. Conduct of elections

      1. 9.Supply of register of electors

      2. 10.Polling districts and places at PCC elections

      3. 11.Manner of voting at PCC elections

      4. 12.Conduct of PCC elections

      5. 13.Combination of polls

      6. 14.Further provision about persons involved in conduct of PCC elections

      7. 15.Validity of PCC election

      8. 16.Loan of equipment for PCC elections

    3. Offences

      1. 17.Personation

      2. 18.Other voting offences

      3. 19.Breach of official duty

      4. 20.Tampering with nomination papers, ballot papers etc

      5. 21.False statements in nomination papers etc

      6. 22.Requirement of secrecy

      7. 23.Prohibition on publication of exit polls

  4. PART 3

    1. Registration, funding and expenditure of political parties and others

      1. 24.Amendment of Political Parties, Elections and Referendums Act 2000

      2. 25.Amendment of section 62 of the Electoral Administration Act 2006

    2. The election agent

      1. 26.Appointment of election agent

      2. 27.Nomination of sub-agent

      3. 28.Office of election agent and sub-agent

      4. 29.Effect of default of election agent’s appointment

    3. Donations to candidates

      1. 30.Control of donations to candidates

    4. Candidate election expenses

      1. 31.Payment of candidate election expenses through election agent

      2. 32.Candidate election expenses which may be paid otherwise than by election agent

      3. 33.Candidate election expenses incurred otherwise than for election purposes

      4. 34.Prohibition of candidate election expenses not authorised by election agent

      5. 35.Limitation of candidate election expenses

      6. 36.Power to vary provisions about candidate election expenses

      7. 37.Time for sending in and paying claims

      8. 38.Disputed claims

      9. 39.Election agent’s claim

      10. 40.Return as to candidate election expenses

      11. 41.Declarations as to candidate election expenses

      12. 42.Circumstances in which no return or declaration required

      13. 43.Penalty for failure as respects return or declarations

      14. 44.Disqualification where no return and declarations transmitted after PCC election

      15. 45.Authorised excuses for failures as to return and declarations

      16. 46.Court’s power to require information from election agent or sub-agent

      17. 47.Police area returning officer to forward returns and declarations to the Commission

      18. 48.Publication of time and place for inspection of returns and declarations

      19. 49.Inspection of returns and declarations

      20. 50.Meaning of “election expenses”

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

    5. Publicity

      1. 52.Publication of election addresses of candidates

      2. 53.Broadcasting from outside United Kingdom

      3. 54.Broadcasting of local items during election

      4. 55.Imitation poll cards

    6. Election meetings

      1. 56.Schools and rooms for PCC election meetings

      2. 57.Making arrangements for the purposes of article 56

      3. 58.Disturbances at election meetings

    7. Agency by election officials and canvassing by police officers

      1. 59.Officials not to act for candidates

      2. 60.Illegal canvassing by police officers

    8. Other illegal practices, payments or employments

      1. 61.False statements as to candidates

      2. 62.Corrupt withdrawal from candidature

      3. 63.Payments for exhibition of election notices

      4. 64.Details to appear on election publications

      5. 65.Prohibition of paid canvassers

      6. 66.Providing money for illegal purposes

    9. Bribery, treating and undue influence

      1. 67.Bribery

      2. 68.Treating

      3. 69.Undue influence

    10. Supplemental

      1. 70.Rights of creditors

      2. 71.Savings as to PCC elections

      3. 72.Interpretation of Part 3

      4. 73.Computation of time for purposes of Part 3

  5. PART 4

    1. 74.Application to PCC elections of existing provisions about legal proceedings

    2. 75.Persons reported personally guilty of corrupt and illegal practices

    3. 76.Avoidance of election for employing corrupt agent

    4. 77.Incapacities on conviction of corrupt or illegal practice

    5. 78.Incapacity to hold public or judicial office: Scotland

  6. PART 5

    1. 79.Duty to notify appropriate officer of failure of PCC election

    2. 80.Consequences where PCC election fails or is declared void

    3. 81.Validity of acts where PCC election declared void

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

    5. 83.Advertisements

    6. 84.Forms

    7. 85.Translations etc of certain documents

    8. 86.Public notices and declarations

    9. 87.Sending of applications and notices; electronic signatures and related certificates

    10. 88.Publication of documents

    11. 89.Interference with notices

  7. Signature

  8. SCHEDULES

    1. SCHEDULE 1

      Supply of register

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

      2. 2.Supply on request and specific restrictions

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

      4. 4.Supply of register etc to candidates and restrictions on use

      5. 5.Supply of register etc to certain candidates and restrictions on use

    2. SCHEDULE 2

      Absent voting in PCC elections

      1. PART 1 PCC

        1. 1.Manner of voting at PCC elections

        2. 2.Entitlement to absent vote at PCC elections

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

        4. 4.Absent voter lists

        5. 5.Proxies at PCC elections: appointment

        6. 6.Proxies at PCC elections: entitlement to vote

        7. 7.Voting as proxy

        8. 8.Use of personal identifier information

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

        10. 10.Other offences as to postal and proxy vote applications

      2. PART 2

        1. 11.General requirements for applications for absent vote

        2. Additional requirements for certain applications

          1. 12.Additional requirements: applications where address for ballot papers differs from address in application

          2. 13.Additional requirements: applications for ballot papers to be sent to different address from address in record

          3. 14.Additional requirements: applications for the appointment of a proxy in respect of a particular PCC election

          4. 15.Additional requirements referred to in paragraph 14 (4)

        3. Determination of applications

          1. 16.Closing date for applications

          2. 17.Grant or refusal of applications

        4. Changes affecting proxy votes

          1. 18.Cancellation of proxy appointment

        5. Evidence of entitlement to absent vote

          1. 19.Marked register for polling stations

          2. 20.Absent voting lists: supply of copies etc

          3. 21.Absent voting lists: inspection

          4. 22.Supply and inspection of absent voting lists: general provisions

          5. 23.Restrictions on supply and disclosure of absent voter records or lists

          6. 24.Restriction on use of absent voter records or lists or the information contained in them

          7. 25.Supply and inspection of absent voting lists: offences

          8. 26.The personal identifiers record

          9. 27.Applications requiring applicants’ signature

      3. PART 3

        1. 28.Interpretation

        2. Issue of postal ballot papers etc

          1. 29.Combination of polls

          2. 30.Form of postal voting statement: poll taken alone or combined with mayoral election only

          3. 31.Persons entitled to be present at proceedings on issue of postal ballot papers

          4. 32.Persons entitled to be present at proceedings on receipt of postal ballot papers

          5. 33.Agents of candidates who may attend proceedings on receipt of postal ballot papers

          6. 34.Notification of requirement of secrecy

          7. 35.Time when postal ballot papers are to be issued

          8. 36.Procedure on issue of postal ballot paper

          9. 37.Refusal to issue postal ballot paper

          10. 38.Envelopes

          11. 39.Sealing up of completed corresponding number lists and security of special lists

          12. 40.Delivery of postal ballot papers

          13. 41.Spoilt postal ballot papers

          14. 42.Lost postal ballot papers

        3. Receipt of postal ballot papers etc

          1. 43.Alternative means of returning postal ballot paper or postal voting statement

          2. 44.Notice of opening of postal ballot paper envelopes

          3. 45.Postal ballot boxes and receptacles

          4. 46.Receipt of covering envelope

          5. 47.Opening of postal voters’ ballot box

          6. 48.Opening of covering envelopes

          7. 49.Confirming receipt of postal voting statements

          8. 50.Procedure in relation to postal voting statements

          9. 51.Procedure in relation to postal voting statements: personal identifier verification

          10. 52.Postal voting statements: additional personal identifier verification

          11. 53.Opening of ballot paper envelopes

          12. 54.Retrieval of cancelled postal ballot papers

          13. 55.Lists of rejected postal ballot papers

          14. 56.Checking of lists of rejected ballot papers

          15. 57.Sealing of packets

          16. 58.Abandoned poll

          17. 59.Forwarding of documents

      4. PART 4

        1. 60.Forms

    3. SCHEDULE 3

      Rules for the conduct of PCC elections where poll not taken together with poll at another election

      1. PART 1 PCC

        1. GENERAL PROVISIONS

          1. 1.Timetable

          2. 2.Modification of timetable for the ordinary election in 2012

          3. 3.Computation of time

      2. PART 2

        1. NOTICE OF ELECTION

          1. 4.Notice of PCC election

        2. NOMINATION OF CANDIDATES

          1. 5.Nomination of candidates

          2. 6.Nomination papers: name of registered political party

          3. 7.Subscription of nomination paper

          4. 8.Consent to nomination

          5. 9.Deposit

          6. 10.Place for delivery of nomination papers and right to attend nomination

          7. 11.Decisions as to validity of nomination papers

          8. 12.Correction of minor errors

          9. 13.Publication of statement of persons nominated

          10. 14.Local publication of statement under rule 13

          11. 15.Withdrawal of candidates

          12. 16.Nomination in more than one police area

        3. METHOD OF ELECTION

          1. 17.Method of election: contested and uncontested election

      3. PART 3 PCC

        1. GENERAL PROVISIONS

          1. 18.Poll to be taken by ballot

          2. 19.The ballot papers

          3. 20.Corresponding number list

          4. 21.The official mark

          5. 22.Prohibition of disclosure of vote

          6. 23.Use of schools and public rooms

        2. ACTION TO BE TAKEN BEFORE THE POLL

          1. 24.Notice of poll

          2. 25.Postal ballot papers

          3. 26.Provision of polling stations

          4. 27.Appointment of presiding officers and polling clerks

          5. 28.Issue of official poll cards

          6. 29.Equipment of polling stations

          7. 30.Notices for the guidance of voters

          8. 31.Appointment of polling and counting agents

          9. 32.Notification of requirement of secrecy

          10. 33.Return of postal ballot papers

        3. THE POLL

          1. 34.Admission to polling stations

          2. 35.Keeping of order in polling station

          3. 36.Sealing of ballot boxes

          4. 37.Questions to be put to voters

          5. 38.Challenge of voter

          6. 39.Voting procedure

          7. 40.Votes marked by the presiding officer

          8. 41.Voting by persons with disabilities

          9. 42.Tendered ballot papers: circumstances where available

          10. 43.Tendered ballot papers: general provisions

          11. 44.Spoilt ballot papers

          12. 45.Correction of errors on the day of the poll

          13. 46.Adjournment of poll in case of riot

          14. 47.Procedure on close of poll

        4. COUNTING OF VOTES

          1. Verification of ballot paper accounts

            1. 48.Attendance at verification

            2. 49.Procedure at verification of ballot paper accounts

            3. 50.Additional steps: verification and count carried out at different places

          2. The first count

            1. 51.Attendance at the first count

            2. 52.The first count

            3. 53.Rejected ballot papers

            4. 54.Re-count

            5. 55.Direction to conduct a re-count

            6. 56.Decisions on ballot papers

            7. 57.Procedure at conclusion of the first count

          3. The central calculation

            1. 58.Attendance at the central calculation

            2. 59.The first calculation and resolution of equality

      4. PART 4

        1. 60.Counting of second preference votes

        2. 61.The second calculation and resolution of equality

      5. PART 5

        1. 62.Declaration of result

        2. 63.Return or forfeiture of candidate’s deposit

        3. 64.Destruction of home address forms

      6. PART 6

        1. 65.Sealing up of ballot papers

        2. 66.Delivery of documents

        3. 67.Orders for production of documents

        4. 68.Retention of documents by relevant registration officer

      7. PART 7

        1. 69.Countermand or abandonment of poll on death of a candidate

      8. PART 8

        1. 70.Forms

    4. SCHEDULE 4

      Combination of polls

      1. PART 1 PCC

        1. Representation of the People Act 1985

          1. 1.(1) Section 15 of the Representation of the People Act...

      2. PART 2

        1. The European Parliamentary Elections Regulations 2004

          1. 2.(1) The European Parliamentary Elections Regulations 2004 are amended as...

        2. The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004

          1. 3.The Representation of the People (Combination of Polls) (England and...

          2. 4.In regulation 2 (interpretation)— (a) after the definition of “2002...

          3. 5.(1) Regulation 4 (returning officers and polling stations) is amended...

          4. 6.(1) Regulation 5 (functions at combined polls) is amended as...

          5. 7.In regulation 6(5) (modification of provisions about expenses in the...

          6. 8.In regulation 8 (modification of parliamentary elections rules)—

          7. 9.In paragraph 2 of Schedule 2 (definitions for the purposes...

        3. The Local Elections (Principal Areas) (England and Wales) Rules 2006

          1. 10.(1) The Local Elections (Principal Areas) (England and Wales) Rules...

        4. The Local Elections (Parishes and Communities) (England and Wales) Rules 2006

          1. 11.(1) The Local Elections (Parishes and Communities) (England and Wales)...

        5. The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007

          1. 12.(1) The Local Authorities (Mayoral Elections) (England and Wales) Regulations...

      3. PART 3 PCC

        1. 13.(1) The PCC election rules are modified in accordance with...

        2. GENERAL PROVISIONS

          1. 14.Computation of time

        3. CONTESTED PCC ELECTIONS: GENERAL PROVISIONS

          1. 15.The ballot papers

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

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

          4. 18.Use of schools and public rooms

        4. ACTION TO BE TAKEN BEFOR0E THE POLL

          1. 19.Notice of poll

          2. 20.Postal ballot papers

          3. 21.Provision of polling stations

          4. 22.Appointment of presiding officers and polling clerks

          5. 23.Issue of official poll cards

          6. 24.Equipment of polling stations

          7. 25.Notices for the guidance of voters

          8. 26.Appointment of polling and counting agents

          9. 27.Notification of requirement of secrecy

          10. 28.Return of postal ballot papers

        5. CONTESTED PCC ELECTIONS: THE POLL

          1. 29.Admission to polling station

          2. 30.Keeping of order in polling station

          3. 31.Voting procedure

          4. 32.Votes marked by the presiding officer

          5. 33.Voting by persons with disabilities

          6. 34.Tendered ballot papers: general provisions

          7. 35.Correction of errors on the day of the poll

          8. 36.Adjournment of poll in case of riot

          9. 37.Procedure on close of the poll

        6. COUNTING OF VOTES

          1. 38.Attendance at verification

          2. 39.Procedure at verification of ballot paper accounts

          3. 40.Additional steps: verification and count carried out at different places

          4. 41.Attendance at the first count

          5. 42.The first count

          6. 43.Sealing up of ballot papers

          7. 44.Delivery of documents

      4. PART 4

        1. 45.Forms

    5. SCHEDULE 5

      Control of donations to candidates

      1. PART 1

        1. Operation and interpretation of Schedule

          1. 1.(1) This Schedule has effect for controlling donations to candidates...

        2. Donations: general rules

          1. 2.(1) “Donation”, in relation to a candidate at a PCC...

        3. Sponsorship

          1. 3.(1) For the purposes of this Schedule, sponsorship is provided...

        4. Payments etc not to be regarded as donations

          1. 4.(1) None of the following is to be regarded as...

        5. Value of donations

          1. 5.(1) The value of any donation falling within paragraph 2(1)(a)...

      2. PART 2

        1. Prohibition on accepting donations from impermissible donors

          1. 6.(1) A relevant donation received by a candidate or the...

        2. Acceptance or return of donations

          1. 7.(1) Sections 56 to 60 of the 2000 Act apply...

        3. Transfer of donations received by candidate to election agent

          1. 8.(1) Sub-paragraph (2) applies in relation to any relevant donation...

        4. Evasion of restrictions on donations

          1. 9.Section 61 of the 2000 Act applies for the purposes...

      3. PART 3

        1. Statement of relevant donations

          1. 10.(1) The candidate’s election agent must include in any return...

        2. Donations from permissible donors

          1. 11.The statement must record, in relation to each relevant donation...

        3. Donations from impermissible donors

          1. 12.(1) This paragraph applies to relevant donations falling within paragraph...

    6. SCHEDULE 6

      Return and declarations as to candidate election expenses

      1. 1.These are the forms referred to in articles 34(7) and...

    7. SCHEDULE 7

      Candidate election expenses

      1. PART 1

        1. 1.Advertising of any nature (whatever the medium used). Expenses in...

        2. 2.Unsolicited material addressed to electors (whether addressed to them by...

        3. 3.Transport (by any means) of persons to any place. Expenses...

        4. 4.Public meetings (of any kind). Expenses in respect of such...

        5. 5.The services of an election agent or any other person...

        6. 6.Accommodation and administrative costs.

      2. PART 2

        1. 7.The payment of any deposit required by rule 9 of...

        2. 8.The publication of any matter, other than an advertisement, relating...

        3. 9.The preparation and submission of a candidate’s election address in...

        4. 10.The provision of any facilities provided in pursuance of any...

        5. 11.The provision by an individual of his or her own...

        6. 12.(1) Accommodation which is the candidate’s sole or main residence....

        7. 13.(1) Transport by a means of transport which was acquired...

        8. 14.(1) Computing or printing equipment which was acquired by the...

      3. PART 3

        1. 15.(1) The Commission may prepare, and from time to time...

        2. Power to amend Parts 1 and 2

          1. 16.(1) The Secretary of State may by order made by...

    8. SCHEDULE 8

      Election addresses of candidates

      1. PART 1

        1. 1.Interpretation

        2. 2.Deadline for submission of election addresses to police area returning officer

        3. 3.Content of election address to be determined by candidate

        4. 4.Preparation and submission of election address

        5. 5.Content of election address

        6. 6.Formatting and length of election address

        7. 7.Duty of police area returning officer in relation to election address

        8. 8.Deadline for submission of election addresses to Secretary of State

        9. 9.Candidate’s right to comment in advance on the election address in template form

        10. 10.Election addresses included in the website

        11. 11.Liability for election addresses

        12. 12.The website

        13. 13.Request for printed version of election addresses

      2. PART 2

    9. SCHEDULE 9

      Application to PCC elections of existing provisions about legal proceedings

      1. PART 1

        1. 1.(1) The provisions of Part 3 of the 1983 Act...

      2. PART 2

        1. 2.(1) The Election Petition Rules 1960 apply for the purposes...

    10. SCHEDULE 10

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

      1. 1.Interpretation of this Schedule

      2. 2.Supply of marked registers and lists after an election

      3. 3.Inspection of documents open to public inspection

      4. 4.Restrictions on use, supply and disclosure of documents by registration officer and staff

      5. 5.Other restrictions on use of documents or information contained in them

      6. 6.Calculating the fee for supply of marked registers or lists

      7. 7.Failure to comply with conditions relating to supply etc of certain documents

  9. Explanatory Note

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