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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

ACTION TO BE TAKEN BEFOR0E THE POLL

Notice of poll

19.  In rule 24, for paragraph (3) substitute—

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

(a)the situation of each polling station;

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

(3A) A notice published under paragraph (3) must, in addition—

(a)state that the poll for the PCC election is to be taken together with the poll for each relevant election or referendum;

(b)specify—

(i)the parliamentary constituency, local counting area, voting area or, as the case may be, the relevant local authority for which the election is held, and

(ii)in the case of an election to fill a casual vacancy, the electoral area for which the election is held;

(c)where polls for two or more elections are to be taken together in part only of the voting area, specify that part.

Postal ballot papers

20.  In rule 25, after paragraph (3) insert—

(4) Where proceedings on the issue and receipt of postal ballot papers are taken together in respect of combined polls, references in this rule to “local returning officer” are to be read as references to “relevant returning or counting officer”.

Provision of polling stations

21.  In rule 26, in paragraphs (1) and (4), for “local returning officer” (in each place) substitute “relevant returning or counting officer”.

Appointment of presiding officers and polling clerks

22.  In rule 27, in paragraphs (1) to (4), for “local returning officer” (in each place) substitute “relevant returning or counting officer”.

Issue of official poll cards

23.  In rule 28, after paragraph (4) insert—

(5) If the local returning officer and the returning officer or counting officer for each relevant election or referendum thinks fit, an official poll card issued under this rule may be combined with an official poll card issued at each relevant election or referendum.

(6) Where official poll cards are combined under paragraph (5), the form to be used is the form of the official poll card which is required to be used at the relevant election or referendum with such adaptations as are necessary to enable it to be used in relation to the PCC election.

Equipment of polling stations

24.—(1) Rule 29 is modified as follows.

(2) In paragraphs (1), (3), (5), (8) and (9), for “local returning officer” (in each place) substitute “relevant returning or counting officer”.

(3) After paragraph (1) insert—

(1A) The ballot box used for the poll for the PCC election may, if the relevant returning or counting officer thinks fit, be the same as that used for each other relevant election or referendum.

(1B) Where separate ballot boxes are used, each must be clearly marked to show—

(a)the poll to which it relates, and

(b)the colour of ballot papers that should be placed in it.

(4) After paragraph (5) insert—

(5A) The versions of the ballot paper referred to in paragraph (5)(a) and (b) must be printed on paper of the same colour as that of the ballot papers for use at the PCC election.

(5) For paragraph (7) substitute—

(7) The relevant returning or counting officer must also provide each polling station with notices for the guidance of voters which are in the appropriate form and—

(a)notices which are for exhibition in voting compartments at polling stations must be so exhibited, and

(b)notices for exhibition outside and in the communal areas inside polling stations must be so exhibited.

Notices for the guidance of voters

25.  For rule 30 substitute—

Appropriate form for notice for the guidance of voters

30.(1) The appropriate form for the notices for the guidance of voters to be provided under rule 29is the form specified in paragraph (2) or (3) (as the case may be).

(2) Where the combined polls are the poll at the PCC election and the poll at a mayoral election and no others—

(a)the appropriate form for notices for exhibition in voting compartments at polling stations is Form 21 set out in Part 4 of Schedule 4 to this Order, and

(b)the appropriate form for notices for exhibition outside and in the communal areas inside polling stations, is Form 22 set out in Part 4 of Schedule 4 to this Order.

(3) Where the poll at the PCC election and the poll at another election or referendum are taken together in circumstances other than those described in paragraph (2)—

(a)the appropriate form for notices for exhibition in voting compartments at polling stations is the form which is required for notices that are exhibited in the compartments of polling stations at that other election or referendum, and

(b)the appropriate form for notices for exhibition outside and in the communal areas inside polling stations is the form known as “directions for the guidance of the voters in voting” which is required to be exhibited inside and outside polling stations at that other election or referendum.

(4) The relevant returning or counting officer may also provide versions of the notice in such other form described in article 85(2) or (3) as the officer thinks appropriate.

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

Appointment of polling and counting agents

26.  In rule 31, after paragraph (7), insert—

(7A) Notices of the appointment of polling agents and counting agents which are required by paragraphs (7) and (8) to be given to the local returning officer must be given to the relevant returning or counting officer.

Notification of requirement of secrecy

27.  For rule 32 substitute—

32.(1) The relevant returning or counting officer must make such arrangements as the officer thinks 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);

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

(2) The local returning officer must make such arrangements as the officer thinks appropriate to ensure that every person attending at 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) and (7).

Return of postal ballot papers

28.—(1) Rule 33 is modified as follows.

(2) For paragraph (1) substitute—

(1) Where proceedings on the issue and receipt of postal ballot papers are taken together in respect of combined polls and—

(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 relevant returning or counting officer must mark the list in the manner specified in paragraph 48 of Schedule 2.

(3) After that paragraph insert—

(1A) Where proceedings on the issue and receipt of postal ballot papers are not taken together in respect of combined polls, the reference in paragraph (1) to “the relevant returning or counting officer” is to be read as a reference to “the local returning officer”.

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