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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

CONTESTED PCC ELECTIONS: THE POLL

Admission to polling station

29.—(1) Rule 34 is modified as follows.

(2) In paragraph (1)—

(a)omit “and” at the end of paragraph (h);

(b)after sub-paragraph (i) insert—

and

(j)persons who would be entitled to be admitted to the polling station at a relevant election or referendum if the poll for that election or referendum were held on its own.

(3) In paragraph (4), after “local returning officer” (in each place) insert “or relevant returning or counting officer”.

Keeping of order in polling station

30.  In rule 35, in paragraph (2)(b) for “local returning officer” substitute “relevant returning or counting officer”.

Voting procedure

31.  In rule 39, after paragraph (6) insert—

(7) The same copy of the register of electors or, where paragraph (4) applies, the same copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act, may be used for each relevant election or referendum, and—

(a)one mark may be placed in that copy of the register or on that notice under paragraph (2)(c) or in the list of proxies under paragraph (2)(d) to denote that a ballot paper has been issued in respect of each relevant election or referendum; but

(b)where a ballot paper has not been issued in respect of a relevant election or referendum, a different mark must be placed in the copy of that register or, as the case may be, on that notice or in that list so as to identify each relevant election or referendum in respect of which a ballot paper was issued.

Votes marked by the presiding officer

32.  In rule 40, after paragraph (5) insert—

(6) If the relevant returning or counting officer thinks fit, the same list may be used for each relevant election or referendum and, where it is so used, an entry in that list is to be taken to mean that the ballot papers were marked by the presiding officer in respect of each relevant election or referendum, unless the list identifies the relevant election or referendum at which the ballot paper was so marked.

Voting by persons with disabilities

33.—(1) Rule 41 is modified as follows.

(2) In paragraph (4), for sub-paragraph (a) substitute—

(a)must be in the appropriate form, as specified in paragraph (4A) or (4B) (as the case may be),.

(3) After paragraph (4) insert—

(4A) Where the combined polls are the poll at the PCC election and the poll at a mayoral election and no others, the appropriate form for the declaration is Form 23 set out in Part 4 of Schedule 4 to this Order.

(4B) Where the poll at the PCC election and another election or referendum are taken together in circumstances other than those described in paragraph (4A), the appropriate form for the declaration is the form which is required for declarations made by the companion of a voter with disabilities at that other election or referendum.

(4) After paragraph (9) insert—

(9A) If the relevant returning or counting officer thinks fit, the same list may be used for each relevant election or referendum and, where it is so used, an entry in that list is to be taken to mean that the votes were given in accordance with this rule in respect of each relevant election or referendum, unless the list identifies the relevant election or referendum at which the vote was so given.

Tendered ballot papers: general provisions

34.  In rule 43, after paragraph (5) insert—

(5A) If the relevant returning or counting officer thinks fit, the same list may be used for each relevant election or referendum and, where it is so used, an entry in that list is to be taken to mean that tendered ballot papers were marked in respect of each relevant election or referendum, unless the list identifies the relevant election or referendum at which a tendered ballot paper was marked.

Correction of errors on the day of the poll

35.  In rule 45

(a)renumber the existing provision as paragraph (1); and

(b)after that paragraph insert—

(2) The same list may be used for each relevant election or referendum and, where it is so used, an entry in that list is to be taken to mean that ballot papers were issued in respect of each relevant election or referendum, unless the list identifies the relevant election or referendum for which a ballot paper was issued.

Adjournment of poll in case of riot

36.—(1) Rule 46 is modified as follows.

(2) In paragraph (1), for “local returning officer” substitute “relevant returning or counting officer”.

(3) In paragraph (3), for “local returning officer” substitute “relevant returning or counting officer”.

Procedure on close of the poll

37.—(1) Rule 47 is modified as follows.

(2) In paragraph (1), for “in the presence of the polling agents” substitute “in the presence of the polling agents appointed for the purposes of the PCC election and for the purposes of each relevant election or referendum”.

(3) After paragraph (1) insert—

(1A) The contents of the packets referred to in sub-paragraphs (b), (c) and (f) of paragraph (1) must not be combined with the contents of the packets made up under the corresponding rule that applies at any relevant election or referendum.

(4) In paragraph (4), for “the local returning officer” substitute “the relevant returning or counting officer”.

(5) In paragraph (5), for “the local returning officer” (in both places) substitute “the relevant returning or counting officer”.

(6) After paragraph (6) insert—

(7) The ballot paper account prepared under paragraph (6) in respect of the PCC election must not be combined with the ballot paper account for any relevant election or referendum.

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