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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

Article 12

SCHEDULE 3Rules for the conduct of PCC elections where poll not taken together with poll at another election

This schedule has no associated Explanatory Memorandum
  1. PART 1 Rules for all PCC elections

    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 Stages common to contested and uncontested elections

    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 Contested PCC elections

    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 Further provision: three or more candidates

    1. 60.Counting of second preference votes

    2. 61.The second calculation and resolution of equality

  5. PART 5 Final proceedings in contested and uncontested elections

    1. 62.Declaration of result

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

    3. 64.Destruction of home address forms

  6. PART 6 Disposal of documents

    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 Death of candidate

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

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

    1. 70.Forms

Form 6Nomination of candidates (rule 5)
Form 7Consent to nomination (rule 8)
Form 8ABallot paper (rule 19(1)(a))
Form 8BBallot paper (rule 19(1)(b))
Form 9Corresponding number list for issue of postal ballot papers at a PCC election (rule 20(2))
Form 10Corresponding number list for use in polling station at a PCC election (rule 20(3))
Form 11Official poll card (rule 28)
Form 12Official postal poll card (rule 28)
Form 13Official proxy poll card (rule 28)
Form 14Official postal proxy poll card (rule 28)
Form 15Notice for guidance of voters for exhibition in voting compartment (rule 30(1)(a))
Form 16Notice for guidance of voters for exhibition inside and outside of polling station (rule 30(1)(b))
Form 17Certificate as to employment on duty on the day of the poll (rule 34(4))
Form 18Declaration to be made by companion of a voter with disabilities (rule 41)

PART 1Rules for all PCC elections

GENERAL PROVISIONS

Timetable

1.  Subject to rule 2, the proceedings at the PCC election are to be conducted in accordance with the following Table.

Proceeding Time
Publication of notice of electionNot later than the 25th day before the day of the election
Delivery of nomination papersNot later than noon on the 19th day before the day of the election
Publication of statement of persons nominatedNot later than noon on the 17th day before the day of the election
Delivery of notices of withdrawals of candidatureNot later than noon on the 16th day before the day of the election
Notice of pollNot later than the 6th day before the day of the election
PollingBetween 7 am and 10 pm on the day of the election
Modification of timetable for the ordinary election in 2012

2.  For the purposes of the ordinary election of police and crime commissioners in 2012, the first entry in the Table in rule 1 is to have effect as if for the words in column 2 there were substituted—

Not later than the 28th day before the day of the election.

Computation of time

3.  In computing any period of time for the purposes of rules 1 and 2—

(a)a Saturday or Sunday,

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

(c)a day appointed for public thanksgiving or mourning,

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

PART 2Stages common to contested and uncontested elections

NOTICE OF ELECTION

Notice of PCC election

4.—(1) Each police area returning officer must give public notice of the PCC 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 making the payment required by rule 9 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) The police area returning officer must send a copy of the notice of election to the local returning officer for each voting area wholly or partly comprised in the police area.

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

NOMINATION OF CANDIDATES

Nomination of candidates

5.—(1) Each candidate must be nominated by a separate nomination paper, in Form 6 in Part 8 of this Schedule delivered to the police area returning officer at the place fixed for the purpose—

(a)by the candidate in person, or

(b)by the proposer or seconder of the candidate, or

(c)by the candidate’s election agent on the candidate’s behalf if the agent’s name and address have been previously given to the returning officer as required by article 26 or are so given at the time the nomination paper is delivered.

(2) The nomination paper must state the candidate’s—

(a)full names, and

(b)if desired, description,

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

(3) If a candidate commonly uses—

(a)a surname which is different from any other surname the candidate has, or

(b)a forename which is different from any other forename the candidate has,

the nomination paper may state the commonly used surname or forename in addition to the other name.

(4) A candidate’s description (if any) can only be—

(a)one authorised as mentioned in rule 6(1) or (3), or

(b)the word “Independent”.

(5) The nomination paper must be accompanied by a form (in these rules referred to as “the home address form”) which states the candidate’s—

(a)full names, and

(b)home address in full.

(6) Provision in paragraph (1) above about the 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 he or she requires the home address not to be made public, and

(b)if it does so, must contain a statement confirming that the candidate is registered in the register of electors for an electoral area in respect of an address within the police area.

(8) Where a nomination paper in respect of a person is delivered after the delivery of an earlier nomination paper in respect of the same person, the later paper supersedes the earlier one.

Nomination papers: name of registered political party

6.—(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—

(a)the party is a qualifying party in relation to the police area, and

(b)the use of the description is authorised by a certificate that is—

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

(ii)received by the police area returning officer before the last time for the delivery of nomination papers set out in the Table in rule 1.

(2) In paragraph (1) an authorised description must be—

(a)the name of the party registered under section 28 of the 2000 Act(1), or

(b)a description of the party registered under section 28A of that Act(2).

(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—

(a)the parties are each qualifying parties in relation to the police area,

(b)the description is a registered description, and

(c)the use of the description is authorised by a certificate that is—

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

(ii)received by the police area returning officer before the last time for the delivery of nomination papers set out in the Table in rule 1.

(4) For the purposes of paragraph (3), “registered description” means a joint description registered for use by the parties under section 28B of 2000 Act(3).

(5) A person is guilty of a corrupt practice if the 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 a PCC election—

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

(b)a registered political party is a qualifying party in relation to a police area in England or Wales if the party was on the relevant day registered in respect of England or Wales (as the case may be) in the Great Britain register maintained under that Part of that Act.

(7) For the purposes of paragraph (6)(a), any day specified in rule 3 is to be disregarded.

Subscription of nomination paper

7.—(1) The nomination paper must be subscribed by 2 electors as proposer and seconder, and by 98 other electors as assenting to the nomination.

(2) 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) that appear first on the paper in each category are to be taken into account to the exclusion of any others in that category.

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

(4) The police area 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 that was supplied by the police area returning officer.

(5) In this rule “elector”—

(a)means a person who, on the last day for the publication of notice of the PCC election, is registered in the register of electors in respect of an address that is within the police area in question, and

(b)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.

(6) But in this rule, “elector” does not include a person who has an anonymous entry in the register.

Consent to nomination

8.  A person is not validly nominated unless that person’s consent to nomination—

(a)is given in writing on or within the period of 31 days before the last day for the delivery of nomination papers,

(b)is in Form 7 set out in Part 8 of this Schedule or a form to like effect

(c)is attested by one witness, and

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

Deposit

9.—(1) A person is not validly nominated unless the sum of £5,000 is deposited by or on behalf of the person with the police area returning officer at the place and during 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 police area 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 police area returning officer may refuse to accept a deposit sought to be made by means of a banker’s draft if the officer does not know that the drawer carries on a business as a banker in the United Kingdom.

(3) Where the deposit is made on behalf of a candidate, the person making the deposit must at the time it is made give the person’s name and address to the police area returning officer (unless those details have previously been supplied to the officer under article 26 (appointment of election agent)).

Place for delivery of nomination papers and right to attend nomination

10.—(1) The police area returning officer must fix the place in the police area at which nomination papers are to be delivered to the 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 police area 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 2000 Act(4).

(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 police area 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

11.—(1) Where a nomination paper and the candidate’s consent to it and the home address form are delivered and a deposit is made in accordance with these rules, the candidate is deemed to stand nominated unless and until—

(a)the police area returning officer decides that the nomination paper is invalid, or

(b)the police area returning officer decides that the home address form does not comply with rule 5(5) or (7), or

(c)proof is given to the police area returning officer’s satisfaction of the candidate’s death, or

(d)the candidate withdraws.

(2) The police area returning officer is entitled to hold a nomination paper invalid only on one of the following grounds—

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

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

(3) Subject to paragraph (4), the police area returning officer must, as soon as practicable after each nomination paper has been delivered, examine it and decide whether the candidate has been validly nominated.

(4) If in the police area returning officer’s opinion a nomination paper breaks rule 6(1) or (3), the officer must give a decision to that effect.

(5) Any decision under paragraph (4) must be given—

(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 close of the period for delivery of nomination papers set out in the Table in rule 1.

(6) Where the police area returning officer decides that a nomination paper is invalid, the officer must—

(a)endorse on the paper the fact that the nomination is invalid and the reasons for the decision, and

(b)sign the paper.

(7) The police area returning officer’s decision that a nomination paper is valid is final and may not be questioned in any proceeding whatsoever.

(8) Subject to paragraph (7), nothing in this rule prevents the validity of a nomination being questioned on a PCC election petition.

Correction of minor errors

12.—(1) At any time before the publication under rule 13 of the statement of persons nominated, a police area returning officer may correct minor errors in a nomination paper or a home address form.

(2) Errors that may be corrected include—

(a)errors as to a person’s electoral number;

(b)obvious errors of spelling in relation to the details of a candidate;

(c)in the home address form, errors as to the information mentioned in rule 5(7)(b).

(3) Anything done by a police area returning officer in pursuance of this rule may not be questioned in any proceeding other than proceedings on a PCC election petition.

(4) A police area returning officer must have regard to any guidance issued by the Commission for the purposes of this rule.

Publication of statement of persons nominated

13.—(1) The police area returning officer must prepare a statement showing—

(a)the persons who have been and stand nominated, and

(b)any other persons who have been nominated together with the reason why they no longer stand nominated.

(2) The statement must show the names, addresses and descriptions of the persons nominated as given in their nomination papers and the home address forms.

(3) If a person’s nomination paper gives a commonly used surname or forename in addition to another name, the statement must show the person’s commonly used surname or forename (as the case may be) instead of any other name.

(4) Paragraph (3) does not apply if the police area returning officer thinks—

(a)that the use of the person’s commonly used name is likely to mislead or confuse electors, or

(b)that the commonly used name is obscene or offensive.

(5) If paragraph (4) applies, the police area returning officer must give notice in writing to the candidate of the reasons for refusing to allow the use of a commonly used name.

(6) The statement of persons nominated must show the persons standing nominated arranged alphabetically in the order of their surnames, and if there are two or more of them with the same surname, of their other names.

(7) In relation to a nominated person in whose case the home address form (or, if the person is nominated by more than one nomination paper, any of the home address forms) contains—

(a)the statement mentioned in rule 5(7)(a), and

(b)the information mentioned in rule 5(7)(b),

the reference in paragraph (2) to the person’s address shall be read as a reference to the information mentioned in rule 5(7)(b).

(8) Where—

(a)two or more of the names shown on the statement are the same or so similar as to be likely to cause confusion,

(b)paragraph (7) applies in relation to each of the persons in question, and

(c)the information mentioned in rule 5(7)(b) is the same for each of them,

the police area returning officer may cause any of their particulars to be shown on the statement with such amendments or additions as the officer thinks appropriate in order to reduce the likelihood of confusion.

(9) Where it is practicable to do so before the publication of the statement, the police area returning officer must consult any person whose particulars are to be amended or added to under paragraph (8).

(10) The police area returning officer must give notice in writing to any person whose particulars are amended or added to under paragraph (8).

(11) Anything done by a police area returning officer in pursuance of paragraph (8) must not be questioned in any proceedings other than proceedings on a PCC election petition.

(12) A police area returning officer must have regard to any guidance issued by the Commission for the purposes of paragraph (8).

(13) The police area returning officer—

(a)must give public notice of the statement prepared under this rule, and

(b)must send a copy of it to the Commission.

Local publication of statement under rule 13

14.—(1) Immediately following publication of the statement of persons nominated, the police area returning officer must forward a copy of it to the local returning officer for each voting area wholly or partly comprised in the police area.

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

Withdrawal of candidates

15.—(1) A candidate may withdraw from being a candidate by notice of withdrawal—

(a)signed by the candidate and attested by one witness, and

(b)delivered to the police area returning officer at the place for delivery of nomination papers.

(2) Where a candidate (“A”) is outside the United Kingdom, a notice of withdrawal which is accompanied by a written declaration of A’s absence from the United Kingdom is of the same effect as a notice signed by A if both the notice and the declaration are signed by A’s proposer.

Nomination in more than one police area

16.—(1) A candidate who is validly nominated for more than one police area must withdraw from being a candidate in all those police areas except one.

(2) Any such candidate who does not withdraw is deemed to have withdrawn from being a candidate in all police areas.

METHOD OF ELECTION

Method of election: contested and uncontested election

17.  If, after any withdrawals under rule 15 or 16

(a)three or more candidates remain validly nominated, a poll must be taken in accordance with Parts 3 and 4 of these rules;

(b)only two candidates remain validly nominated, a poll must be taken in accordance with Part 3;

(c)only one candidate remains validly nominated, that person must be declared to be elected in accordance with Part 5.

PART 3Contested PCC elections

GENERAL PROVISIONS

Poll to be taken by ballot

18.  The votes at the poll must be given by ballot.

The ballot papers

19.—(1) The ballot of every voter must consist of a ballot paper which—

(a)in the case of an election with three or more candidates, must be in Form 8A set out in Part 8 of this Schedule;

(b)in the case of an election with two candidates only, must be in Form 8B set out in Part 8 of this Schedule,

and which is printed according to the directions specified in that Part.

(2) The persons remaining validly nominated for the police area after any withdrawals (and no other persons) are entitled to have their names shown on the ballot paper.

(3) Each ballot paper must—

(a)contain the names and other particulars of the candidates as shown in the statement of persons nominated,

(b)be capable of being folded up, and

(c)have a number and other unique identifying mark printed on the back.

(4) If a request is made by or on behalf of a candidate whose description is authorised under rule 6(1) or (3) by a registered party, the ballot paper must contain the party’s registered emblem (or one of its registered emblems) adjacent to the candidate’s particulars.

(5) A request under paragraph (4) must—

(a)be made in writing to the police area returning officer, and

(b)be received by the officer before the last time for the delivery of nomination papers set out in the Table in rule 1.

(6) The order of the names in the ballot paper must be the same as in the statement of persons nominated (see rule 13).

Corresponding number list

20.—(1) The local returning officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers which are to be issued by the officer in pursuance of rule 25 or provided by the officer in pursuance of rule 29(1).

(2) The corresponding number list to be prepared for the purpose of rule 25(1) (postal ballot papers) and of paragraph 36(1) of Schedule 2 (procedure on issue of postal ballot paper) must be in Form 9 set out in Part 8 of this Schedule or a form to like effect.

(3) The corresponding number list to be prepared for the purpose of rule 29(3)(d) (equipment of polling stations) and of rule 39(2)(b) (voting procedure) must be in Form 10 set out in Part 8 of this Schedule or a form to like effect.

The official mark

21.—(1) Every ballot paper must contain an appropriate security marking (the official mark).

(2) The official mark must be kept secret.

(3) An interval of not less than five years must intervene between the use of the same official mark at PCC elections for the same police area.

(4) A police area returning officer or local returning officer may use a different official mark for different purposes at the same PCC election.

Prohibition of disclosure of vote

22.  In any legal proceeding to question a PCC election, no person who has voted at the election may be required to state for whom he or she has voted.

Use of schools and public rooms

23.—(1) The local returning officer may use, free of charge, for the purpose of taking the poll or counting the votes—

(a)a room in a school maintained or assisted by—

(i)in relation to England, a county council in England, a metropolitan district council, a non-metropolitan district council for an area for which there is no county council or the Council of the Isles of Scilly, or

(ii)in relation to Wales, a county council or a county borough council in Wales;

(b)a room in a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school;

(c)a room the expense of maintaining which is met by—

(i)in relation to England, a county council in England, a district council, a parish council or the Council of the Isles of Scilly, or

(ii)in relation to Wales, a county council or a county borough council in Wales or a community council.

(2) The local returning officer must make good—

(a)any damage done to any such room, and

(b)defray any expense incurred by the persons having control over any such room,

by reason of its being used for that purpose.

ACTION TO BE TAKEN BEFORE THE POLL

Notice of poll

24.—(1) The police area returning officer must give public notice of the poll stating—

(a)the day and hours fixed for the poll, and

(b)the particulars of each candidate remaining validly nominated.

(2) The order of the names in the notice of the poll must be the same as in the statement of persons nominated(5).

(3) No later than the time of publication of the notice of the poll, the local returning officer must give public notice of—

(a)the situation of each polling station in the voting area for which the officer acts, and

(b)the description of voters entitled to vote there.

(4) As soon as practicable after giving the notice required by paragraph (3), the local returning officer must send a copy of it to each of the election agents.

Postal ballot papers

25.—(1) The local returning officer must, in accordance with Part 3 of Schedule 2, issue to those entitled to vote by post—

(a)a ballot paper, and

(b)a postal voting statement in the appropriate form prescribed by paragraph 30 of Schedule 2,

together with envelopes for their return that comply with the requirements of paragraph 38 of Schedule 2.

(2) The local returning officer must also issue to those entitled to vote by post whatever information the officer thinks appropriate about how to obtain—

(a)translations into languages other than English of any directions to or guidance for voters sent with the ballot paper;

(b)a translation into Braille of such directions or guidance;

(c)graphical representations of such directions or guidance;

(d)the directions or guidance in any other form (including any audible form).

(3) In the case of a ballot paper issued to a person at an address in the United Kingdom, the local returning officer must ensure that the return of the ballot paper and postal voting statement is free of charge to the voter.

Provision of polling stations

26.—(1) The local returning officer must provide a sufficient number of polling stations and, subject to the following provisions of this rule, must allot the electors to the polling stations in whatever manner the officer thinks most convenient.

(2) One or more polling stations may be provided in the same room.

(3) The polling station to which electors from any parliamentary polling district wholly or partly within the voting area are allotted must, in the absence of special circumstances, be in the parliamentary polling place for that district unless that place is outside the voting area.

(4) The local returning officer must provide each polling station with however many compartments are necessary in which the voters can mark their votes screened from observation.

Appointment of presiding officers and polling clerks

27.—(1) The local returning officer must appoint and pay—

(a)a presiding officer to attend at each polling station, and

(b)however many clerks are necessary for the purposes of the election.

(2) The local returning officer must not appoint any person who has been employed by or on behalf of a candidate in the PCC election.

(3) The local returning officer may, if the officer thinks fit, preside at a polling station.

(4) In a case within paragraph (3), the provisions of these rules relating to the presiding officer apply to the local returning officer so presiding, with the necessary modifications as to things to be done by the local returning officer to the presiding officer or by the presiding officer to the local returning officer.

(5) A presiding officer may do, by the clerks appointed to assist the presiding officer, any act (including the asking of questions) which the presiding officer is required or authorised by these rules to do at a polling station except order the arrest, exclusion or removal of any person from the polling station.

Issue of official poll cards

28.—(1) The local returning officer must as soon as practicable after the publication of the notice of the PCC election send to electors and their proxies an official poll card as follows—

(a)an official poll card sent to an elector must be in Form 11 set out in Part 8 of this Schedule or a form to like effect;

(b)an official postal poll card sent to an elector must be in Form 12 set out in Part 8 of this Schedule or a form to like effect;

(c)an official poll card sent to the proxy of an elector must be in Form 13 set out in Part 8 of this Schedule or a form to like effect;

(d)an official postal poll card sent to the proxy of an elector must be in Form 14 set out in Part 8 of this Schedule or a form to like effect.

(2) An official poll card may be adapted in order to comply with any requirements as to delivery and may also contain such additional information as the local returning officer thinks appropriate.

(3) An elector’s official poll card must be sent or delivered to his or her qualifying address, and a proxy’s to his or her address as shown in the list of proxies.

(4) Rule 7(5) applies for the interpretation of this rule.

Equipment of polling stations

29.—(1) The local returning officer must provide each presiding officer with however many ballot boxes and ballot papers the local returning officer thinks are necessary.

(2) Every ballot box must be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked or, where the box has no lock, the seal being broken.

(3) The local returning officer must provide each polling station with—

(a)materials to enable voters to mark the ballot papers;

(b)copies of the register of electors used for the PCC election which contains the entries relating to the electors allotted to the station (or, in the case of a register only part of which contains those entries, that part);

(c)the parts of any special lists prepared for the PCC election corresponding to each register or part of a register provided under sub-paragraph (b);

(d)a list prepared under rule 20 which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station.

(4) The reference in paragraph (3)(b) to the copies of the register of electors includes a reference to copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act(6) in respect of alterations to the register.

(5) The local returning officer must also provide each polling station with—

(a)at least one large version of the ballot paper for the assistance of voters who are partially sighted which complies with article 85(6) and which must be displayed inside the polling station;

(b)an enlarged hand-held sample copy of the ballot paper for the assistance of voters who are partially sighted which must be clearly marked as a specimen provided only for the guidance of voters;

(c)a device for enabling voters who are blind or partially sighted to vote without any need for assistance from the presiding officer or any companion (within the meaning of rule 41).

(6) The device mentioned in paragraph (5)(c) must—

(a)allow a ballot paper to be inserted into and removed from, or attached to and detached from the device, easily and without damage to the paper,

(b)hold the ballot paper firmly in place during use, and

(c)provide suitable means for the voter—

(i)to identify the spaces on the ballot paper on which the voter may mark his or her vote,

(ii)to identify the candidate to which each such space refers, and

(iii)to mark his or her vote on the space the voter has chosen.

(7) The local returning officer must also provide each polling station with the notices for the guidance of voters that are provided to the local returning officer under rule 30(1) and—

(a)the notices referred to in rule 30(1)(a) must be exhibited in every voting compartment, and

(b)the notices referred to in rule 30(1)(b) must be exhibited outside the polling station and in the communal areas inside it.

(8) Where information about the supplementary vote system is provided to the local returning officer under rule 30(3), the local returning officer must also provide each polling station with that information.

(9) Any information provided to a polling station under paragraph (8) must be exhibited there.

(10) Where proof has been given to the police area returning officer’s satisfaction of the death of a candidate, the police area returning officer must request each local returning officer for a voting area wholly or partly comprised in the police area to provide each presiding officer with a sufficient number of notices to this effect for display in every compartment of every polling station.

Notices for the guidance of voters

30.—(1) The police area returning officer must prepare and provide each local returning officer with—

(a)notices for the guidance of voters in Form 15 set out in Part 8 of this Schedule which are for exhibition in voting compartments at polling stations, and

(b)notices for the guidance of voters in Form 16 set out in Part 8 of this Schedule which are for exhibition outside and in the communal areas inside polling stations.

(2) The police area returning officer may also provide versions of a notice in such other form described in article 85(2) or (3) as the police area returning officer thinks appropriate and, if the local returning officer agrees, these may also be exhibited inside and outside the polling station.

(3) Where the Commission publishes information about the supplementary vote system to be used at PCC elections, the police area returning officer may provide each local returning officer with a copy of that information for exhibition at a polling station.

Appointment of polling and counting agents

31.—(1) Before the commencement of the poll, each candidate may appoint—

(a)polling agents to attend at polling stations for the purpose of detecting personation, and

(b)counting agents to attend at the counting of the votes.

(2) For each count, one (but no more than one) counting agent may be designated as a person authorised to require a re-count under rule 54.

(3) A designation under paragraph (2) must be made at the same time as the person’s appointment as a counting agent.

(4) Not more than—

(a)four polling agents, or

(b)such greater number as the local returning officer may by notice allow,

are permitted to attend at any particular polling station.

(5) If the number of polling agents appointed to attend at a particular polling station exceeds the permitted number—

(a)the local returning officer must determine by lot which agents are permitted to attend, and

(b)only the agents so determined are to be deemed as duly appointed.

(6) The local returning officer may limit the number of counting agents so long as—

(a)the number is the same in the case of each candidate, and

(b)the number allowed to a candidate is not (except in special circumstances) less than the number obtained by dividing the number of clerks employed on the counting by the number of candidates.

(7) A candidate who appoints a polling agent or a counting agent must give the local returning officer notice of the appointment no later than the 5th day before the day of the poll.

(8) If a polling or counting agent dies, or becomes incapable of acting, the candidate may appoint another agent and must forthwith give the local returning officer notice of the appointment.

(9) A notice under paragraph (7) or (8) must—

(a)be in writing, and

(b)give the name and address of the agent appointed.

(10) Any appointment authorised by this rule may be made and the notice of appointment given by the candidate’s election agent, instead of by the candidate.

(11) In the following provisions of these rules references to polling agents and counting agents are to be read as references to agents—

(a)whose appointments have been duly made and notified, and

(b)where the number of agents is restricted, who are within the permitted numbers.

(12) Any notice required to be given to a counting agent by the local returning officer may be delivered at, or sent by post to, the address stated in the notice of appointment.

(13) A candidate may do anything, or assist a polling agent or counting agent in doing anything, which such an agent is authorised to do on appointment by the candidate.

(14) A candidate’s election agent may do or assist in doing anything which a polling or counting agent appointed by the candidate is authorised to do; and anything required or authorised by these rules to be done in the presence of the polling or counting agents may be done in the presence of a candidate’s election agent instead of the polling agent or counting agent.

(15) Where by these rules anything is required or authorised to be done in the presence of the polling or counting agents, the non-attendance of any agent or agents at the time and place appointed for the purpose does not invalidate the thing (if the thing is otherwise duly done).

Notification of requirement of secrecy

32.  The local returning officer must make whatever arrangements the officer thinks are appropriate to ensure that—

(a)every person attending at a polling station (otherwise than for the purpose of voting or assisting a voter with disabilities to vote or as a constable on duty there) has been given a copy in writing of the provisions of article 22(1), (4) and (7), and

(b)every person attending at the verification of ballot paper accounts or the counting of the votes (other than any constable on duty there) has been given a copy in writing of the provisions of article 22(2), (3) and (7).

Return of postal ballot papers

33.—(1) Where—

(a)a postal vote has been returned in respect of a person who is entered in the postal voters list, or

(b)a proxy postal vote has been returned in respect of a proxy who is entered in the proxy postal voters list,

the local returning officer must mark the list in the manner specified in paragraph 48 of Schedule 2.

(2) Rule 49(2) does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.

THE POLL

Admission to polling stations

34.—(1) The presiding officer must exclude from the polling station everyone except—

(a)voters,

(b)persons under the age of 18 who accompany voters to the polling station,

(c)the police area returning officer and the local returning officer,

(d)the candidates and their election agents,

(e)the polling agents appointed to attend at the polling station,

(f)the clerks appointed to attend at the polling station,

(g)persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act(7),

(h)the constables on duty, and

(i)the companions of voters with disabilities.

(2) The presiding officer must regulate the total number of voters and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.

(3) Not more than one polling agent may be admitted at the same time to a polling station on behalf of the same candidate.

(4) A constable or a person employed by a local returning officer may be admitted to vote in person elsewhere than at the polling station allotted under these rules only on production and surrender of a certificate (in these rules referred to as “a certificate as to employment on duty on the day of the poll”) that—

(a)confirms that the person is a constable, or as the case be, is employed by a local returning officer,

(b)is in Form 17 set out in Part 8 of this Schedule or a form to like effect, and

(c)is signed by an officer of police of or above the rank of inspector or, as the case may be, by the local returning officer.

(5) A certificate surrendered under this rule must forthwith be cancelled.

Keeping of order in polling station

35.—(1) It is the presiding officer’s duty to keep order at the officer’s polling station.

(2) If a person engages in misconduct in a polling station, or fails to obey the presiding officer’s lawful orders, the person may immediately, by the presiding officer’s order, be removed from the polling station—

(a)by a constable in or near that station, or

(b)by any other person authorised in writing by the local returning officer to discharge this function.

(3) A person so removed may not, without the presiding officer’s permission, re-enter the polling station during the day.

(4) A person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.

(5) The powers conferred by this rule may not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity to vote at that station.

Sealing of ballot boxes

36.—(1) Immediately before the commencement of the poll, the presiding officer must show anyone present in the polling station that the ballot box is empty.

(2) The presiding officer must then—

(a)lock the box (if it has a lock) and place his or her seal on it in a manner that prevents it from being opened without breaking the seal, and

(b)place the box in his or her view for the receipt of ballot papers, and keep it so locked (if it has a lock) and sealed.

Questions to be put to voters

37.—(1) At the time of the application (but not afterwards), the questions specified in the second column of the following table—

(a)may be put by the presiding officer to a person applying for a ballot paper who is mentioned in the first column, and

(b)must be put if the letter “R” appears after the question and the candidate or an election or polling agent requires the question to be put:

Person applying for ballot paper

Questions

1A person applying as a elector

(a) Are you the person registered in the register of electors as follows (read out the whole entry from the register)? [R]

(b) Have you already voted in this election of a police and crime commissioner, here or elsewhere, otherwise than as a proxy for some other person? [R]

2A person applying as proxy

(a) Are you the person whose name appears as A B in the list of proxies for this election of a police and crime commissioner as the person entitled to vote as proxy on behalf of C D? [R]

(b) Have you already voted in this election of a police and crime commissioner, here or elsewhere, as the person entitled to vote as proxy on behalf of C D? [R]

(c) Are you the spouse, civil partner, parent, grandparent, brother/ sister child or grandchild of C D? [R]

3A person applying as proxy for an elector with an anonymous entry (instead of the questions at entry 2)

(a) Are you the person entitled to vote as proxy on behalf of the elector whose number on the register of electors is (read out the number from the register)? [R]

(b) Have you already voted in this election of a police and crime commissioner, here or elsewhere, as proxy on behalf of the elector whose number on the register of electors is (read out the number from the register)? [R]

(c) Are you the spouse, civil partner, parent, grandparent, brother/ sister child or grandchild of the elector whose number on the register of electors is (read out the number from the register)? [R]

4A person applying as proxy if the question at entry 2(c) or 3(c) (if applicable) is not answered in the affirmativeHave you already voted in this election of a police and crime commissioner, here or elsewhere, on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother/ sister child or grandchild? [R]
5A person applying as an elector in relation to whom there is an entry in the postal voters list

(a) Did you apply to vote by post?

(b) Why have you not voted by post?

6A person applying as proxy who is named in the proxy postal voters list

(a) Did you apply to vote by post as proxy?

(b) Why have you not voted by post as proxy?

(2) In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, references in the table to reading from the register are to be read as references to reading from that notice.

(3) A ballot paper must not be delivered to any person required to answer any of the above questions unless the person has answered each question satisfactorily.

(4) Except as authorised by this rule, no inquiry is permitted as to the right of any person to vote.

Challenge of voter

38.  A person must not be prevented from voting by reason only that—

(a)a candidate or the candidate’s election or polling agent declares that there is reasonable cause to believe that the person has committed an offence of personation, or

(b)the person is arrested on suspicion of committing or of being about to commit an offence of personation.

Voting procedure

39.—(1) A ballot paper must be delivered to a voter who applies for one subject to any provision of these rules to the contrary.

(2) Immediately before delivery—

(a)the number and (unless paragraph (3) applies) name of the elector as stated in the copy of the register of electors must be called out,

(b)the number of the elector must be marked on the list mentioned in rule 29(3)(d) beside the number of the ballot paper to be issued to the elector,

(c)a mark must be placed in the register of electors against the number of the elector to note that a ballot paper has been received but without showing the particular ballot paper which has been received, and

(d)in the case of a person applying for a ballot paper as proxy, a mark must also be placed against the person’s name in the list of proxies.

(3) An elector who has an anonymous entry must show the presiding officer his or her official poll card and only the number is to be called out in pursuance of paragraph (2)(a).

(4) In the case of an elector who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (2) is modified as follows—

(a)the reference in sub-paragraph (a) to the copy of the register of electors is to be read as a copy of the notice;

(b)the reference in sub-paragraph (c) to a mark being placed in the register of electors is to be read as a mark being made on the copy of the notice.

(5) Immediately after receiving the ballot paper, the voter must—

(a)proceed into one of the compartments in the polling station and there secretly mark the paper and fold it up so as to conceal the vote, and

(b)then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper so folded up into the ballot box in the presiding officer’s presence.

(6) The voter must vote without undue delay, and must leave the polling station as soon as he or she has put the ballot paper into the ballot box.

Votes marked by the presiding officer

40.—(1) This rule applies where a voter applies to the presiding officer to mark the voter’s ballot paper and the voter—

(a)is incapacitated by blindness or other disability from voting in the manner directed by these rules, or

(b)declares orally that he or she is unable to read.

(2) The presiding officer must, in the presence of the polling agents—

(a)cause the voter’s vote to be marked on a ballot paper in the manner directed by the voter, and

(b)cause the ballot paper to be placed in the ballot box.

(3) The name of every voter whose vote is marked in pursuance of this rule must be entered on a list (in these rules called “the list of votes marked by the presiding officer”), together with—

(a)the voter’s number on the register of electors, and

(b)the reason for the vote being marked in pursuance of this rule.

(4) In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name is the elector’s number.

(5) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the reference in paragraph (3)(a) to the voter’s number on the register of electors is to be read as a reference to the number relating to the voter on the notice.

Voting by persons with disabilities

41.—(1) Paragraph (2) applies where a voter applies to the presiding officer, on the ground of blindness or other disability or inability to read, to be allowed to vote with the assistance of an accompanying person (in these rules referred to as the “companion”).

(2) The presiding officer must grant the application if—

(a)the voter makes an oral or written declaration that he or she is so incapacitated by blindness or other disability, or by an inability to read, as to be unable to vote without assistance,

(b)the presiding officer is satisfied that the voter is so incapacitated, and

(c)the presiding officer is satisfied by a written declaration made by the companion (in these rules referred to as “the declaration made by the companion of a voter with disabilities”) that the companion—

(i)is a person qualified to assist the voter, and

(ii)has not previously assisted more than one voter with disabilities to vote in the PCC election.

(3) For the purposes of paragraph (2)(c), a person is qualified to assist a voter with disabilities to vote if the person—

(a)is entitled to vote as an elector at the PCC election, or

(b)is the father, mother, brother, sister, spouse, civil partner, son or daughter of the voter and has attained the age of 18 years.

(4) The declaration made by the companion—

(a)must be in Form 18 set out in Part 8 of this Schedule,

(b)must be made before the presiding officer at the time when the voter applies to vote with the assistance of the companion, and

(c)must forthwith be given to the presiding officer,

and the presiding officer must attest and retain the declaration.

(5) No fee or other payment may be charged in respect of the declaration.

(6) If the presiding officer grants an application under this rule, anything which is by these rules required to be done to or by the voter in connection with the giving of his or her vote may be done to, or with the assistance of, the companion.

(7) The name of every voter whose vote is given in accordance with this rule must be entered on a list (in these rules referred to as “the list of voters with disabilities assisted by companions”) together with—

(a)the voter’s number on the register of electors, and

(b)the name and address of the companion.

(8) In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name is the elector’s number.

(9) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the reference in paragraph (7)(a) to the voter’s number on the register of electors is to be read as a reference to the number relating to the voter on the notice.

(10) For the purposes of these rules, a person is a voter with disabilities if the person has made a declaration under paragraph (2)(a).

Tendered ballot papers: circumstances where available

42.—(1) In the following cases a person is entitled to mark a ballot paper (a “tendered ballot paper”) in the same manner as any other voter if, in cases 1 to 6, the person satisfactorily answers the questions permitted by law to be asked at the poll.

Rule 43 makes further provision about tendered ballot papers.

(2) Case 1 is that—

(a)a person applies for a ballot paper,

(b)the person claims—

(i)to be a particular elector named on the register, and

(ii)not to be named in the postal voters list or the list of proxies, and

(c)another person has already voted in person either as that elector or as proxy for that elector.

(3) Case 2 is that—

(a)a person applies for a ballot paper,

(b)the person claims to be—

(i)a particular person named in the list of proxies as proxy for an elector, and

(ii)not entitled to vote by post as proxy, and

(c)another person has already voted in person either as that elector or as proxy for that elector.

(4) Case 3 is that—

(a)a person applies for a ballot paper,

(b)the person claims to be a particular elector named on the register,

(c)the person is also named in the postal voters list, and

(d)the person claims not to have made an application to vote by post.

(5) Case 4 is that—

(a)a person applies for a ballot paper,

(b)the person claims to be a particular person named as a proxy in the list of proxies,

(c)the person is also named in the proxy postal voters list, and

(d)the person claims not to have made an application to vote by post as proxy.

(6) Case 5 is that, before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper—

(a)a person claims to be a particular elector named on the register and also named in the postal voters list, and

(b)the person claims to have lost or not received the postal ballot paper.

(7) Case 6 is that, before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper—

(a)a person claims to be a particular person named as a proxy in the list of proxies and also named in the proxy postal voters list, and

(b)the person claims to have lost or not received the postal ballot paper.

(8) In the case of an elector who has an anonymous entry, the references in this rule to a person named on a register or list are to be read as references to a person whose number appears on the register or list (as the case may be).

(9) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references in this rule to a person named on the register are to be read as references to a person in respect of whom such a notice has been issued.

Tendered ballot papers: general provisions

43.—(1) Tendered ballot papers must be a different colour from the other ballot papers.

(2) Tendered ballot papers must be given to the presiding officer instead of being put into the ballot box.

(3) On receiving a tendered ballot paper from a voter the presiding officer must endorse it with the voter’s name and number on the register of electors.

(4) The presiding officer must set tendered ballot papers aside in a separate packet.

(5) The name and number on the register of electors of every voter whose vote is marked in pursuance of rule 42 must be entered on a list (in these rules referred to as the “tendered votes list”).

(6) In the case of a person voting as proxy for an elector, the number to be endorsed or entered together with the voter’s name is the elector’s number.

(7) In the case of an elector who has an anonymous entry, the references in paragraphs (3) and (5) to the name of the voter are to be ignored.

(8) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references in paragraphs (3) and (5) to the voter’s number on the register of electors are to be read as references to the number relating to the voter on the notice.

Spoilt ballot papers

44.—(1) This rule applies if a voter has inadvertently dealt with his or her ballot paper in a manner which means that it cannot conveniently be used as a ballot paper and—

(a)the voter delivers the ballot paper (in these rules referred to as “a spoilt ballot paper”) to the presiding officer, and

(b)proves the fact of the inadvertence to the satisfaction of the officer.

(2) The voter may obtain a replacement ballot paper and the spoilt ballot paper must be cancelled immediately.

Correction of errors on the day of the poll

45.  The presiding officer must keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of the 1983 Act that takes effect on the day of the poll.

Adjournment of poll in case of riot

46.—(1) Where the proceedings at a polling station are interrupted or obstructed by riot or open violence, the presiding officer must adjourn the proceedings till the following day and must give notice to the local returning officer as soon as practicable.

(2) Where the poll is adjourned at a polling station—

(a)the hours of polling on the day to which it is adjourned must be the same as for the original day, and

(b)references in these rules to the close of the poll are to be read accordingly.

(3) As soon as practicable after receiving notice of the adjournment of a poll, the local returning officer must inform the police area returning officer of that fact and of the cause of its adjournment.

Procedure on close of poll

47.—(1) As soon as practicable after the close of the poll, the presiding officer must, in the presence of the polling agents, make up into separate packets—

(a)each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with the key (if any) attached;

(b)the unused and spoilt ballot papers placed together;

(c)the tendered ballot papers;

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

(e)the lists prepared under rule 20, including the parts that were completed in accordance with rule 39(2)(b) (together referred to in these rules as “the completed corresponding number lists”);

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

(g)the tendered votes list, the list of voters with disabilities assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters whose votes are so marked by the presiding officer under the heads “disability” and “unable to read”, the list maintained under rule 45, and the declarations made by the companions of voters with disabilities.

(2) The marked copies of the registers of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the list of proxies must be in one packet and must not be in the same packet as the completed corresponding number lists or the certificates as to employment on duty on the day of the poll.

(3) The packets must be sealed with—

(a)the presiding officer’s seal, and

(b)the seals of any polling agents who want to affix their seals.

(4) The presiding officer must deliver the packets, or cause them to be delivered, to the local returning officer to be taken charge of by that officer.

(5) If the packets are not delivered by the presiding officer personally to the local returning officer, their delivery must be in accordance with arrangements approved by the local returning officer.

(6) 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 him or her, and accounting for them under the following heads—

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

(b)unused ballot papers,

(c)spoilt ballot papers, and

(d)tendered ballot papers.

COUNTING OF VOTES

Verification of ballot paper accounts
Attendance at verification

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

(3) A person may be present at the verification of the ballot paper accounts only if—

(a)the person is within paragraph (4), or

(b)the person is permitted by the local returning officer to attend.

(4) The persons within this paragraph are—

(a)the police area returning officer and the local returning officer;

(b)the clerks of either officer;

(c)the candidates and one other person chosen by each of them;

(d)the election agents;

(e)the counting agents;

(f)persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act.

(5) The local returning officer may give a person permission under paragraph (3)(b) only if the local returning officer is satisfied that the person’s attendance will not impede the efficient verification of the ballot paper accounts.

(6) The local 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 local returning officer can give them consistently with the orderly conduct of the proceedings and the discharge of the local returning officer’s duties.

Procedure at verification of ballot paper accounts

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

(a)open the ballot boxes from each polling station and count and record the number of ballot papers in each box;

(b)verify each ballot paper account;

(c)count such of the postal ballot papers as have been duly returned and record the number counted.

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

(a)it is returned in the manner specified in paragraph 43(1) or (2) of Schedule 2 and, before the close of the poll, it reached the local returning officer or a polling station in the voting area for which the officer acts,

(b)the postal voting statement, duly signed, is also returned in the manner specified in paragraph 43(1) or (2) of Schedule 2 and, before the close of the poll, it reached the local returning officer or a polling station in the voting area for which the officer acts,

(c)the postal voting statement also states the date of birth of the elector or proxy (as the case may be), and

(d)in a case where an elector’s or proxy’s date of birth and signature are to be verified in accordance with paragraph 51 or 52 of Schedule 2, the local returning officer verifies the date of birth and signature of the elector or proxy (as the case may be).

(3) The local 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 anyone from seeing the numbers or other unique identifying marks printed on the back of the papers.

(4) Unless otherwise directed by the police area returning officer, the local 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.

(5) The local returning officer must—

(a)verify each ballot paper account by comparing it with the number of ballot papers recorded by the local returning officer, and the unused and spoilt ballot papers in the local returning officer’s possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list);

(b)draw up a statement as to the result of the verification.

(6) Once the statement is drawn up the local returning officer must inform the police area returning officer of the contents of the statement.

(7) Any counting agent present at the verification may copy the statement.

Additional steps: verification and count carried out at different places

50.—(1) This rule applies where the votes at a PCC election are to be counted at a place other than that at which the procedures for the verification of the ballot paper accounts are carried out.

(2) The local returning officer must on completing the procedure under rule 49

(a)make up into packets the ballot papers and the postal ballot papers for the PCC election and seal them up into containers endorsing on each the description of the voting area and the police 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 local returning officer personally, their delivery must be in accordance with arrangements approved by the police area returning officer.

(4) The police area returning officer may give a local returning officer for any voting area wholly or partly comprised in the police area directions which, once the packets have been delivered to the place where the votes at the PCC election are to be counted, require the local 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 PCC election.

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

The first count
Attendance at the first count

51.—(1) The local 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.

(2) The local returning officer must give the counting agents notice in writing of the time and place at which the counting of votes will begin.

(3) A person may be present at the counting of the votes given in a voting area only if—

(a)the person is within paragraph (4), or

(b)the person is permitted by the local returning officer to attend,

but, where the votes given in two or more voting areas are to be counted at the same place, the persons who may be present at that place are those who would be entitled to be present at the count for each voting area.

(4) The persons within this paragraph are—

(a)the police area returning officer and the local returning officer;

(b)the clerks of either officer;

(c)the candidates and one other person chosen by each of them;

(d)the election agents;

(e)the counting agents;

(f)persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act.

(5) The local returning officer may give a person permission under paragraph (3)(b) only if the local returning officer—

(a)is satisfied that the person’s attendance will not impede the efficient counting of the votes, and

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

(6) The local 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 local returning officer can give them consistently with the orderly conduct of the proceedings and the discharge of the local returning officer’s duties.

(7) 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 must be allowed to satisfy themselves that the ballot papers are correctly sorted.

The first count

52.—(1) Where the containers referred to in rule 50 are delivered to the place where the counting of votes is to be carried out, the local 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 local 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;

(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 local returning officer must then—

(a)where the election is contested by three or more candidates, count the number of first preference votes given for each candidate;

(b)where the election is contested by only two candidates, count the votes given for each candidate.

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

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

(6) The local returning officer must so far as practicable proceed continuously with the counting of votes, allowing only time for refreshment, except that the local returning officer may exclude the whole or any part of the period between 7 pm and 9 am on the next day.

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

(a)place the ballot papers and other documents relating to the PCC election under the local returning officer’s seal and the seals of any of the counting agents who want to affix their seals, and

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

Rejected ballot papers

53.—(1) Any ballot paper—

(a)which does not bear the official mark;

(b)on which more than one first preference vote is given;

(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);

(d)which is unmarked;

(e)which is void for uncertainty as to the first preference vote,

is, subject to paragraph (2), void and not to be 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

(c)by more than one mark,

is not for that reason void if condition A or condition B is met.

(3) Condition A is that—

(a)three or more candidates remain validly nominated,

(b)an intention that a first preference vote be given for not more than one of the candidates clearly appears, and

(c)the way the paper is marked does not itself identify the voter and it is not shown that the voter can be identified from it.

(4) Condition B is that—

(a)paragraph (3)(a) does not apply,

(b)an intention that a vote is for one only of the candidates clearly appears, and

(c)the way the paper is marked does not itself identify the voter and it is not shown that the voter can be identified from it.

(5) A ballot paper—

(a)which is not otherwise void, and

(b)on which not more than one first preference vote is marked (whether or not a second preference vote is marked),

is valid as respects that first preference vote and must be counted accordingly.

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

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

(a)want of an official mark;

(b)voting for more than one candidate as to the first preference vote;

(c)writing or mark by which the voter could be identified;

(d)unmarked as to the first preference vote;

(e)void for uncertainty.

(8) In the case of an election where only two candidates remain validly nominated, this rule is to have effect as if—

(a)in paragraph (1)(b), for “first preference vote” there were substituted “vote”;

(b)in paragraphs (1)(e) and (7)(b) and (d), the words “as to the first preference vote” were omitted;

(c)paragraph (5) were omitted.

Re-count

54.—(1) A person within paragraph (3) who is present on completion of the counting (or any re-count) of the votes in a voting area may require that the votes be re-counted or again re-counted.

(2) The local returning officer may refuse to have the votes re-counted if in the local returning officer’s opinion the requirement is unreasonable.

(3) The persons within this paragraph are—

(a)the candidates;

(b)the election agents;

(c)the counting agents who, in relation to the count or re-count, are authorised under rule 31(2).

(4) No step is to be taken on the completion of the counting (or any re-count) of votes until the persons within paragraph (3) who are present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.

Direction to conduct a re-count

55.—(1) The police area returning officer may direct a local returning officer to have the votes re-counted.

(2) The police area returning officer may give a direction under paragraph (1) only if the police area returning officer has reason to doubt the accuracy of the counting of the votes in the voting area for which the local returning officer acts.

(3) A local returning officer who is given a direction under paragraph (1) must—

(a)begin the re-count as soon as practicable, and

(b)if the officer does not begin the re-count immediately, notify the counting agents of the time and place at which it will take place.

Decisions on ballot papers

56.  The decision on any question arising in respect of a ballot paper which is made by the local returning officer is final, but may be subject to review on a PCC election petition.

Procedure at conclusion of the first count

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

(a)the total number of ballot papers used,

(b)the total number of rejected ballot papers,

(c)at an election contested by three or more candidates—

(i)the total number of first preference votes given, and

(ii)the number of first preference votes given for each candidate;

(d)at an election contested by only two candidates, the number of votes given for each candidate.

(2) As soon as practicable after the statement is drawn up under paragraph (1), the local returning officer must inform the police area returning officer of its contents.

(3) As soon as practicable after being authorised to do so by the police area returning officer, the local returning officer must—

(a)inform such of the candidates and their election agents as are then present of the contents of—

(i)the statement prepared in accordance with paragraph (1), and

(ii)the statement prepared in accordance with rule 53(7), and

(b)give public notice of the contents of those statements.

The central calculation
Attendance at the central calculation

58.—(1) The police area returning officer—

(a)must make arrangements for the making of the calculation under rule 59 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.

(2) No person other than—

(a)the police area returning officer and the officer’s clerks;

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

(c)the candidates and one person 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 2000 Act,

may be present at a calculation, unless permitted by the police area returning officer to attend.

(3) A person not entitled to attend a calculation must not be permitted to do so by the police area 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.

The first calculation and resolution of equality

59.—(1) As soon as the police area returning officer has received the information required by rule 57 from every local returning officer, the police area returning officer must—

(a)in relation to an election contested by three or more candidates, ascertain the total of the first preference votes given in the police area to each candidate;

(b)in relation to an election contested by only two candidates, ascertain the total number of votes given in the police area to each candidate.

(2) As soon as the police area 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.

(3) A person informed of the relevant figures under paragraph (2) may require the police area 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.

(4) In paragraphs (2) and (3), “the relevant figures” means—

(a)in the case of an election contested by three or more candidates—

(i)the number of first preference votes given in the police area for each candidate, and

(ii)the calculation undertaken by the police area returning officer for the purpose of ascertaining whether a candidate is to be returned in accordance with paragraph 3 of Schedule 9 to the 2011 Act (candidate with overall majority of first preference votes);

(b)in the case of an election contested by only two candidates, the total number of votes given in the police area for each candidate.

(5) Where an election is contested by three or more candidates—

(a)if paragraph 3 of Schedule 9 to the 2011 Act applies (candidate with overall majority of first preference votes), the declaration of the person to be returned to the office of police and crime commissioner for the police area must be made in accordance with rule 62;

(b)if paragraph 4(1) of Schedule 9 to the 2011 Act applies (no candidate with overall majority of first preference votes), the police area returning officer must proceed with the second calculation in accordance with Part 4 of these Rules.

(6) Where an election is contested by only two candidates and the total number of votes given for each of them is unequal, the person to be returned to the office of police and crime commissioner for the police area is the candidate to whom the majority of the votes is given.

(7) Where an election is contested by only two candidates and the total number of votes given for each of them is equal, the person to be returned to the office of police and crime commissioner for the police area is the person whom the police area returning officer decides, in accordance with paragraph 4(8) of Schedule 9 to the 2011 Act, is to be returned to that office.

(8) In a case to which paragraph (6) or (7) applies, the declaration of the person to be returned to the office of police and crime commissioner for the police area must be made in accordance with rule 62.

PART 4Further provision: three or more candidates

Counting of second preference votes

60.—(1) As soon as the police area returning officer has determined that paragraph 4(1) of Schedule 9 to the 2011 Act applies, the police area returning officer must direct every local returning officer to count the second preference votes for the candidates who are not eliminated from the contest.

(2) A local returning officer who is given a direction under paragraph (1) must—

(a)notify the counting agents for candidates not eliminated from the contest of the time and place at which the count of second preference votes will take place,

(b)count the number of second preference votes given in the voting area for each of the candidates remaining in the contest(8) by votes which did not give a first preference vote to any of those candidates,

(c)draw up a statement of the number of second preference votes given to each remaining candidate,

(d)as soon as practicable after the statement is drawn up under sub-paragraph (c), inform the police area returning officer of its contents, and

(e)as soon as practicable after being authorised to do so by the police area returning officer—

(i)inform such of the candidates and their election agents as are then present of the contents of the statement prepared in accordance with sub-paragraph (c) and the statement prepared in accordance with rule 53(5) (as applied by paragraph (4) of this rule), and

(ii)give public notice of the contents of those statements.

(3) A ballot paper—

(a)which is not otherwise void, and

(b)on which not more than one second preference vote is marked,

is valid as respects that second preference vote and must be counted accordingly if (and only if) a valid first preference vote has been marked.

(4) The following provisions have effect in relation to the counting of the second preference votes as they have effect in relation to the counting of votes under rule 52

(a)rule 51(3) to (7),

(b)rule 52(4) to (6),

(c)rule 53(1), (2), (4) and (5),

(d)rule 54,

(e)rule 55, and

(f)rule 56.

(5) In their application by virtue of paragraph (4), those provisions have effect as if—

(a)references to candidates were to candidates not eliminated from the contest,

(b)references to election agents or counting agents were to election agents or counting agents appointed by such candidates, and

(c)references to first preference votes were to second preference votes.

(6) A local returning officer may not be required to re-examine any decision taken under rule 56.

The second calculation and resolution of equality

61.—(1) Once the police area returning officer has received from each local returning officer the statement required by rule 60(2)(c), the police area returning officer must comply with paragraph 4(5) and (6) of Schedule 9 to the 2011 Act.

(2) As soon as the police area returning officer has ascertained the result of the second calculation, the officer must provide such of the election agents for those candidates who remain in the contest as are then present with a copy of the relevant figures and must give them a reasonable opportunity to satisfy themselves as to the accuracy of the calculation.

(3) A person informed of the relevant figures under paragraph (2) may require the police area 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.

(4) In paragraphs (2) and (3), “the relevant figures” means—

(a)the number of second preference votes given in the police area for each of the candidates remaining in the contest, and

(b)the calculation undertaken by the police area returning officer for the purpose of ascertaining the total number of first and second preference votes given to each of those candidates.

(5) If, after the second calculation, the total number of votes given for two or more candidates is equal, the person to be returned the office of police and crime commissioner for the police area is the person whom the police area returning officer decides, in accordance with paragraph 4(8) of Schedule 9 to the 2011 Act, is to be returned to that office.

(6) Rule 58(2) and (3) has effect in relation to the calculation to be made under this rule as it has effect in relation to the calculation made under rule 59 but as if the reference to candidates was to candidates not eliminated from the contest and the reference to election agents or counting agents was to election agents or counting agents appointed by such candidates.

PART 5Final proceedings in contested and uncontested elections

Declaration of result

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

(a)in accordance with section 57(2) of the 2011 Act (elections with only two candidates) is to be returned as the commissioner;

(b)in accordance with Schedule 9 to the 2011 Act (elections with three or more candidates) is to be returned as the commissioner.

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

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

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

(c)the number of rejected ballot papers under each head shown in the statement of rejected ballot papers (rule 53(5)), and

(d)if second preference votes were counted—

(i)the total number of second preference votes given for each of the candidates remaining in the contest after the count of the first preference votes, and

(ii)the number of ballot papers rejected for the purposes of the count of second preference votes on the ground that they were unmarked or void for uncertainty as to the second preference vote.

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

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

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

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

(a)the Secretary of State, and

(b)the local returning officer.

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

Return or forfeiture of candidate’s deposit

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

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

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

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

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

(4) If—

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

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

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

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

Destruction of home address forms

64.  The police area returning officer must destroy each candidate’s home address form—

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

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

PART 6Disposal of documents

Sealing up of ballot papers

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

(a)the counted ballot papers, and

(b)the rejected ballot papers.

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

(a)tendered ballot papers,

(b)the completed corresponding number lists,

(c)certificates as to employment on duty on the day of the poll, or

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

Delivery of documents

66.—(1) The local returning officer must—

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

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

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

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

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

(i)rejected ballot papers, and

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

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

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

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

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

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

Orders for production of documents

67.—(1) An order—

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

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

(c)for the inspection of any counted ballot papers in the custody of the relevant registration officer,

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

(2) An election court may make an order—

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

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

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

(a)persons,

(b)time,

(c)place and mode of inspection, or

(d)production or opening.

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

(a)that the vote was given, and

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

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

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

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

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

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

(8) The production from proper custody of—

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

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

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

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

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

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

Retention of documents by relevant registration officer

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

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

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

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

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

(3) Paragraph (2) does not apply to—

(a)ballot papers;

(b)the completed corresponding number lists;

(c)certificates as to employment on duty on the day of the poll.

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

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

(b)the postal voters list,

(c)the list of proxies and

(d)the proxy postal voters list,

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

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

PART 7Death of candidate

Countermand or abandonment of poll on death of a candidate

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

(a)countermand notice of the poll, or

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

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

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

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

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

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

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

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

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

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

(8) No order may be made for—

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

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

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

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

Forms

70.  These are the forms referred to in Parts 1 to 7 of this Schedule(9).

Form 6

Nomination of candidates (rule 5)

Form 7

Consent to nomination (rule 8)

Form 8A

Ballot paper (three or more candidates) (rule 19(1)(a))

Form 8B

Ballot paper (two candidates only) (rule 19(1)(b))

Form 9

Corresponding number list for issue of postal ballot papers at a PCC election (rule 20(2))

Form 10

Corresponding number list for use in polling station at a PCC election (rule 20(3))

Form 11

Official poll card (rule 28)

Form 12

Official postal poll card (rule 28)

Form 13

Official proxy poll card (rule 28)

Form 14

Official postal proxy poll card (rule 28)

Form 15

Notice for guidance of voters for exhibition in voting compartment (rule 30(1)(a))

Form 16

Notice for guidance of voters for exhibition inside and outside polling station (rule 30(1)(b))

Form 17

Certificate as to employment on duty on the day of the poll (rule 34(4))

Form 18

Declaration to be made by companion of a voter with disabilities (rule 41)

(1)

Section 28 was amended by S.I. 2004/366 and by section 48 of the Electoral Administration Act 2006 (c.22). Section 22 of the Political Parties, Elections and Referendums Act 2000 is amended by article 24 of this Order so that the requirements as to registration of political parties in Part 2 of that Act apply to elections of police and crime commissioners.

(2)

Section 28A was inserted by section 49(1) of the Electoral Administration Act 2006.

(3)

Section 28B was inserted by section 49(1) of the Electoral Administration Act 2006.

(4)

Section 6A and 6B of the Political Parties and Referendums Act 2000 (c.41) were inserted by section 29 of the Electoral Administration Act 2006 (c.22). Section 6A(5) was amended by paragraph 10 of Schedule 10 to the Police Reform and Social Responsibility Act 2011 (c.13) and by S.I. 2007/1388.

(5)

See rule 13.

(6)

Section 13B of the Representation of the People Act 1983 was inserted by paragraph 3 of Schedule 2 to the Representation of the People Act 2000 (c.2) and amended by section 11(3) of the Electoral Administration Act 2006 (c.22) and section 74 of, and paragraph 3 of Schedule 10 to, the Police Reform and Social Responsibility Act 2011 (c.13). Subsections (3B) and (3D) were inserted by section 11(4) of the Electoral Administration Act 2006.

(7)

2000 c.22. Sections 6A to 6F were inserted by section 29 of the Electoral Administration Act 2006 (c.22) and amended by paragraph 10 of Schedule 10 to the Police Reform and Social Responsibility Act 2011 (c.13).

(8)

Paragraph 4(2) to (4) of Schedule 9 to the 2011 Act contain provision about which candidates remain in the contest.

(9)

Article 84 contains other provision about forms.

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