The Local Elections (Parishes and Communities) (England and Wales) Rules 2006

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules provide for the conduct of parish and community council elections. They replace the Local Elections (Parishes and Communities) Rules 1986, as amended, (“the 1986 Rules”) which are revoked by Schedule 1 to these Rules.

The rules in Schedule 2 to these Rules, like the rules in Schedule 2 to the 1986 Rules, apply with adaptations, alterations and exceptions, the parliamentary elections rules (contained in Schedule 1 to the Representation of the People Act 1983 (c.2)) for the purpose of the conduct of parish and community elections.

The Rules differ from the 1986 Rules by applying, with relevant alterations and exceptions, the amendments made to the parliamentary elections rules by provisions of the Electoral Administration Act 2006 (c.22). Particular changes made by the 2006 Act are mentioned below.

The Rules reflect changes made to nomination procedures. Candidates may use their common names on nomination forms and ballot papers. The minimum age for a candidate is reduced from 21 to 18. The Rules on the use of authorised descriptions by candidates standing on behalf of registered political parties are amended to reflect amendments made to the Political Parties, Elections and Referendums Act 2000 (in sections 28A and 28B). Returning officers will be able to correct minor errors on nomination papers.

The Rules reflect new security measures introduced by the 2006 Act. Security markings on ballot papers are provided for; so too are unique identifying marks. Counterfoils on ballot papers are replaced by corresponding number lists. Requirements are imposed requiring postal voters and postal proxies to provide both their signature and date of birth when returning postal ballot papers.

The Rules reflect alterations as to the circumstances in which a person may give a tendered vote. New requirements are introduced as to the information and accessibility of information to be provided by returning officers to electors.

The Rules reflect the changes made as to the persons who may be admitted to a polling station and the count to observe elections.

Amendments are made to provide for transmission of information to a presiding officer of alterations to the electoral register taking effect on the day of the poll. Amendments consequential upon the introduction of a scheme for the anonymous registration of certain electors are made.

The Rules reflect the changes made regarding the retention and inspection of election documents after the poll.

Consequential amendments are made to all the existing forms prescribed for use at these elections. New forms to implement the 2006 Act changes, which were prescribed in the Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2910), have been applied by these Rules with relevant modifications for the purposes of parishes and communities elections.

Schedule 3 to these Rules sets out, as modified, the elections rules in Schedule 2 which apply when the poll at a parish or community election is combined with the poll at a Parliamentary election, a European Parliamentary election, another local government election, a referendum or an election for an elected mayor. This Schedule also reflects the modifications to the parliamentary elections rules which apply when polls are combined, contained in the Combination of Polls (England and Wales) Regulations 2004 (S.I. 2004/294 as amended by S.I. 2006/3278) and regulation 65 of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341).

Rule 5 makes similar provision for the filling of casual vacancies by co-option as was contained in the 1986 Rules. Rule 6 modifies certain provisions of the 1983 Act in their application to parish and community elections. Rule 7 and Schedule 4 sets out the form of declaration as to election expenses required by section 90(1)(b) of the 1983 Act relevant for parish and community elections (for which an election agent is not required).