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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

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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.

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