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Police Reform and Social Responsibility Act 2011

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Police Reform and Social Responsibility Act 2011, Section 58 is up to date with all changes known to be in force on or before 23 November 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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58Power to make provision about elections etcE+W+S+N.I.
This section has no associated Explanatory Notes

(1)The Secretary of State [F1or the [F2Minister for the Cabinet Office]] may by order make provision as to—

(a)the conduct of elections of persons to be police and crime commissioners;

(b)the questioning of such an election and the consequences of irregularities.

(2)The provision which may be made under subsection (1)(a) includes, in particular, provision—

(a)about registration of electors;

(b)for disregarding alterations in a register of electors;

(c)about the registration or other recognition of political parties and other persons incurring expenditure in relation to elections of police and crime commissioners;

(d)about funding and expenditure, in relation to elections of police and crime commissioners, of candidates, political parties and other persons incurring such expenditure;

(e)for the combination of polls at elections of police and crime commissioners and other polls;

(f)for any election held in consequence of any irregularity at an ordinary election to be treated as held at an ordinary election for any of the purposes of this Act.

(3)An order under subsection (1) may—

(a)apply or incorporate, with or without modifications or exceptions, any relevant provision;

(b)modify any form contained in any relevant provision so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for police and crime commissioners;

(c)include provision creating criminal offences.

(4)Provision within paragraph (d) of subsection (2) includes, in particular—

(a)provision prohibiting, or imposing limitations on, funding or expenditure of any kind mentioned in that paragraph, and

(b)provision for treating funding or expenditure of any such kind which does not relate exclusively to an election of police and crime commissioners as being (or not being), wholly or partly, funding or expenditure in relation to which—

(i)any provision within paragraph (a) applies, or

(ii)any relevant provision applies.

(5)The Secretary of State [F3or the [F4Minister for the Cabinet Office]] may by order make modifications of any relevant provision that are consequential on any provision of—

(a)section 1(4),

(b)this Chapter,

(c)an order under subsection (1), or

(d)regulations under section 54.

F5(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Provision that may be made under subsection (5) includes, in particular, provision modifying any relevant provision so as to apply (with or without modifications)—

(a)in relation to elections for police and crime commissioners as it applies in relation to other elections;

(b)in relation to police and crime commissioners as it applies in relation to persons elected at other elections.

(7)In this section—

  • relevant provision” means any provision (whenever passed or made) of, or made under, any of the following—

    (a)

    the Representation of the People Acts,

    (b)

    the Local Government Act 1972,

    (c)

    the Local Government Act 2000,

    (d)

    the Political Parties, Elections and Referendums Act 2000,

    (e)

    the European Parliamentary Elections Act 2002,

    (f)

    the Government of Wales Act 2006, and

    (g)

    any other enactment relating to parliamentary elections, European Parliamentary elections or local government elections;

  • modify” includes amend, repeal or revoke (and related terms are to be read accordingly).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C1S. 58(1)(5)(c) functions to be exercisable concurrently (11.3.2014) by The Transfer of Functions (Elections) Order 2014 (S.I. 2014/268), arts. 1(2), 2 (with art. 3)

C3S. 58(5)(a)(b)(d) functions to be exercisable concurrently with the Chancellor of the Duchy of Lancaster (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), arts. 1(2), 3(1)(2)(c) (with arts. 3(3), 4)

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