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The Combined Authorities (Mayoral Elections) (Amendment) Order 2018

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This Statutory Instrument has been made as a correcting instrument in respect of SI 2017/67 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2018 No. 19

Local Government, England

The Combined Authorities (Mayoral Elections) (Amendment) Order 2018

Made

9th January 2018

Coming into force in accordance with article 1(2)

The Minister for the Cabinet Office makes the following Order in exercise of the powers conferred by sections 114(1) and (1A) and 117(5) of, and paragraph 12 of Schedule 5B to, the Local Democracy, Economic Development and Construction Act 2009(1).

The Minister for the Cabinet Office has consulted the Electoral Commission about this Order in accordance with paragraph 12(4) of Schedule 5B to that Act.

In accordance with section 117(2)(2) of that Act, a draft of this Order has been laid before and approved by resolution of each House of Parliament.

Citation, commencement and transitional

1.—(1) This Order may be cited as the Combined Authorities (Mayoral Elections) (Amendment) Order 2018.

(2) This Order comes into force on the day after the day on which it is made.

(3) Articles 2 and 4 of this Order have no effect in relation to any election in respect of which the notice of election(3) is published on or before the day of the coming in force of this Order.

Amendment of the Combined Authorities (Mayoral Elections) Order 2017

2.—(1) Schedule 1 (the Combined Authority Mayoral Elections Rules) to the Combined Authority (Mayoral Elections) Order 2017(4) is amended as follows.

(2) In rule 8 (subscription of nomination paper), paragraph (7)—

(a)for the definition of “elector” substitute—

“elector” means a person entitled to vote as an elector at the combined authority mayoral election(5) and who is registered in the register of local government electors on the last day for the publication of notice of the election; and includes a person then shown in the register as below voting age if (but only if) it appears from the register that the person will be of voting age on the day fixed for the poll;

(b)for the definition of “local government elector” substitute—

“local government elector” means a person who is registered in the register of local government electors at an address within the constituent council’s area on the last day for the publication of the notice of election; and includes a person then shown in the register as below voting age if (but only if) it appears from the register that the person will be of voting age on the day fixed for the poll;

(3) In Part 9 (appendix of forms) for Form 1 (form of nomination paper) substitute—

3.—(1) Schedule 2 (modifications of Acts and statutory instrument) to the Combined Authorities (Mayoral Elections) Order 2017 is amended as follows.

(2) In paragraph 3 (the Representation of the People Act 2000) after sub-paragraph (1) insert—

(1A) Section 10 (pilot schemes for local elections in England and Wales) has effect as if—

(a)in subsection (2), for “Representation of the People Acts” there were substituted “Local Democracy, Economic Development and Construction Act 2009”;

(b)in subsection (7), in paragraph (a) for “Representation of the People Acts” there were substituted “Local Democracy, Economic Development and Construction Act 2009”;

(c)in subsection (11) (definition of relevant local authority) after paragraph (a)(ii) there were inserted—

(iii)a combined authority established by an order under Part 6 of the Local Democracy, Economic Development and Construction Act 2009..

(1B) Section 11 (revision of procedures in light of pilot schemes) has effect as if—

(a)in subsection (2), in paragraph (a) for “local government area” there were substituted “combined authority area”;

(b)in subsection (5), for “local government area” there were substituted “combined authority area”;

(c)in subsection (6), for “Rules made under section 36 of the 1983 Act (local elections in England and Wales)” there were substituted “An order made under paragraph 12 of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 (mayors for combined authority areas: further provision about elections). ”

4.—(1) Schedule 3 (Combined Authority Mayoral Election (Combination of Polls) Rules) to the Combined Authorities (Mayoral Elections) Order 2017 is amended as follows.

(2) In rule 8 (subscription of nomination paper), paragraph (7)—

(a)for the definition of “elector” substitute—

“elector” means a person entitled to vote as an elector at the combined authority mayoral election(6) and who is registered in the register of local government electors on the last day for the publication of notice of the election; and includes a person then shown in the register as below voting age if (and only if) it appears from the register that the person will be of voting age on the day fixed for the poll;

(b)for the definition of “local government elector” substitute—

“local government elector” means a person who is registered in the register of local government electors at an address within the constituent council’s area on the last day for the publication of the notice of election; and includes a person then shown in the register as below voting age if (but only if) it appears from the register that the person will be of voting age on the day fixed for the poll;

(3) In Part 9 (appendix of forms) for Form 1 (nomination paper) substitute—

David Lidington

Minister for the Cabinet Office

Cabinet Office

9th January 2018

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Combined Authorities (Mayoral Elections) Order 2017 (S.I. 2017/67) (the “2017 Order”) which prescribes the rules for the conduct of combined authority mayoral elections.

Article 1(3) ensures that the amended provisions relating to subscription of nomination will not have any effect in relation to any combined authority mayoral elections in respect of which the notice of election is published on or before the coming into force of this Order.

Article 2 amends the definition of “elector” and “local government elector” as they apply to the provisions relating to the subscription of nomination papers in rule 8 of Schedule 1 to the 2017 Order. The effect is to limit the definition of electors to those who are on the local government register at an address within the combined authority area on the last day for the publication of the notice of election; and excludes persons who are under the age of 18 on that day and will not be of voting age on the day of the poll. Article 2 also substitutes the nomination form in Schedule 1 which reflects the new definition of ‘elector’.

Article 3 makes modifications to sections 10(2) and (7)(a), and sections 11(2)(a), (5) and (6) of the Representation of the People Act 2000 (“the 2000 Act”) as they apply to pilot schemes for the conduct of combined authority mayoral elections. The Order which prescribes the procedure for the conduct of combined authority mayoral elections is made under the Local Democracy Economic Development and Construction Act 2009 and so references to this Act have been substituted for the references to the Representation of the People Acts. Article 3 also modifies the definition of “relevant local authority” in section 10(11)(a) of the 2000 Act to include combined authorities.

Article 4 makes the same amendments as in article 2 to the definitions of “elector” and “local government elector” as they apply to rules relating to the combination of polls under Schedule 3 to the 2017 Order. Article 4 also substitutes the nomination form in Schedule 3 to reflect the new definition of ‘elector’.

A full impact assessment has not been produced for this instrument because no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(1)

2009 c. 20; section 114 was amended by paragraph 26 of Schedule 5 to the Cities and Local Government Devolution Act 2016 (c. 1); section 117(5) was inserted by paragraph 29(5) of Schedule 5 to the Cities and Local Government Devolution Act 2016, and Schedule 5B was inserted by section 2(2) of, and Schedule 1 to, that Act. The powers conferred under Schedule 5B are exercisable concurrently by the Secretary of State and the Minister for the Cabinet Office, see section 114(1A) as amended by the Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997).

(2)

Section 117(2) was substituted by section 13(2) of the Localism Act 2011 (c. 20).

(3)

See rule 5 of Schedule 1 and rule 5 of Schedule 3 to SI 2017/67.

(5)

See paragraph 6 of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 for entitlement to vote.

(6)

See paragraph 6 of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 for entitlement to vote.

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