The Local Elections (Parishes and Communities) (Amendment) Rules 1998

Explanatory Note

(This note is not part of the Rules)

These Rules make miscellaneous minor amendments to the Local Elections (Parishes and Communities) Rules 1986.

As respects Wales, rules 3(1), 5, 6(3), (4) and (5), 7 and 8 make amendments to take account of the replacement of districts in Wales with counties and county boroughs. This change was made by the Local Government (Wales) Act 1994; section 17 of that Act had previously had the effect of converting the references to districts in the 1986 Rules. Rules 4 and 7(2) of these Rules make amendments to provide for the combination of polls at county and county borough council elections in Wales and community council elections which is required by section 36(3AB) of the Representation of the People Act 1983, as inserted by Schedule 16 to the 1994 Act.

The amendments made by rules 4 and 7(2) of these Rules also take account of the new requirement which is imposed by section 36(3AC) of the 1983 Act, as inserted by Schedule 3 to the Local Government and Rating Act 1997, to combine the polls at county and parish council elections in counties in England in which there are no district councils. The amendment made by rule 3(2) converts references in the 1986 Rules to districts into counties in such circumstances.

Rule 6(2) of these Rules amends rule 17 in Schedule 2 to the 1986 Rules to add to the list of schools which may be used for the purpose of taking the poll, grant-maintained schools. This brings rule 17 into line with the equivalent rule in the parliamentary election rules, as amended by paragraph 83 of Schedule 19 to the Education Act 1993 (c. 35).