The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations apply to England and Wales. They revoke and replace the Representation of the People Regulations 1986.

The Representation of the People Regulations 1986 made provision relating to the combination of polls at parliamentary, European Parliamentary and local government elections in England and Wales. Provision for the combination of such polls is made in section 15 of the Representation of the People Act 1985 and section 36 of the Representation of the People Act 1983. The Regulations specified which returning officer would carry out specified functions that applied to each election where the polls were combined, and the polling stations that were to be used. They also made provision for the funding of returning officers carrying out such functions. The Regulations included modifications to the parliamentary election rules contained in Schedule 1 to the Representation of the People Act 1983 in the circumstances where a parliamentary election was combined with another election.

Regulations 4, 5 and 6 of these Regulations make similar provisions about the functions of returning officers and their funding, and the polling stations to be used where polls are combined. They also contain additional provision to take account of the possibility of the combination of more than two polls. In addition they include provision for the circumstances where the polls that are combined include a mayoral election or a referendum by virtue of regulations made under sections 44 and 105 or 45 and 105 of the Local Government Act 2000; namely the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002 and the Local Authorities (Conduct of Referendums) (England) Regulations 2001 respectively.

The Regulations also include, at Regulation 7 and Schedule 1, particular provisions relating to the European Parliamentary election, Greater London Authority election and other local government elections which are to be held on the same date as the European Parliamentary election in 2004. The Greater London Authority returning officer is to be the returning officer for the London European Parliamentary electoral region and he is to have a designated deputy to assist him. Provision is made for the elections to be administered by reference to local authority areas rather than parliamentary constituency areas. The issue and receipt of postal ballot papers is to be carried jointly. The Greater London Authority returning officer will be able to include information about the European Parliamentary election voting procedures in an election booklet. There is also provision for electronic counting of the votes at the European Parliamentary election if the Greater London Authority election is so counted.

Regulation 8 and Schedule 2 make provision for the combination of polls with the polls at a parliamentary election.

Regulation 9 and Schedule 3 make amendments to the forms of declaration of identity that are issued with postal ballot papers under the Representation of the People (England and Wales) Regulations 2001 when polls are combined.