The Local Government and Greater London Authority Elections (Miscellaneous Amendments) Regulations 2023

Statutory Instruments

2023 No. 1066

LONDON GOVERNMENT

REPRESENTATION OF THE PEOPLE, ENGLAND

The Local Government and Greater London Authority Elections (Miscellaneous Amendments) Regulations 2023

Made

5th October 2023

Laid before Parliament

9th October 2023

Coming into force in accordance with regulation 1(2) to (4)

The Secretary of State makes these Regulations in exercise of the powers conferred by paragraph 18 of Schedule 12 to the Local Government Act 1972(1), section 36(1), (2) and (2A) of the Representation of the People Act 1983(2) and section 9HB(d) of the Local Government Act 2000(3).

The Secretary of State has consulted with the Electoral Commission in accordance with section 7(1) and (2)(d) of the Political Parties, Elections and Referendums Act 2000(4).

Citation, commencement, extent, transitional and savings provisions E+W

1.—(1) These Regulations may be cited as the Local Government and Greater London Authority Elections (Miscellaneous Amendments) Regulations 2023.

(2) The following provisions come into force on 31st October 2023—

(a) this regulation;

(b) regulation 3(1), (2), (7), (10), (15) and (17);

(c) regulation 4(1), (2), (7), (10) and (15);

(d) in Schedule 1, paragraphs 1, 6, 7(2), 8(2) and (3), 9, 10(2), 11(2) and (3), 12, 13(2) and (3) and 14(2).

(3) Subject to paragraph (4), the remainder of these Regulations come into force on 1st November 2023.

(4) The following provisions come into force on 31st January 2024—

(a) regulation 3(8), (9)(c) and (d), (16) and (18)(c) and (d);

(b) regulation 4(8), (9)(c) and (d), (16) and (17)(c) and (d);

(c) regulation 5(7), (13), (19), (25), (31), (37) and (38)(e) and (f);

(d) in Schedule 1, paragraphs 7(1), 8(1), 10(1), 11(1), 13(1) and 14(1).

(5) An amendment made by these Regulations has the same extent as the provision amended.

(6) Schedule 1 (transitional and savings provisions) has effect.

Commencement Information

I1 Reg. 1 in force at 31.10.2023, see reg. 1(2)(a)

Amendment of the Parish and Community Meetings (Polls) Rules 1987 E+W

2.—(1) Rule 6 (application of provisions in the Act of 1983) of the Parish and Community Meetings (Polls) Rules 1987(5) is amended as follows.

(2) In paragraph (a), after “114,” insert “114A(6),”.

(3) After paragraph (e), insert—

“(ea) in respect of the election of the chairman of a parish meeting or a poll consequent on a parish meeting—

(i) section 114A applies as if, in subsection (2)(b), “or of a proxy for an elector” were omitted;

(ii) section 115 does not apply;

(eb) in respect of a poll consequent on a community meeting, section 114A does not apply;”.

Commencement Information

I2 Reg. 2 in force at 1.11.2023, see reg. 1(3)

Amendment of the Local Elections (Principal Areas) (England and Wales) Rules 2006 E+W

3.—(1) The Local Elections (Principal Areas) (England and Wales) Rules 2006(7) are amended as follows.

(2) Schedule 2 (rules for conduct of an election of councillors of a principal area where poll is not taken together with poll at another election) is amended in accordance with paragraphs (3) to (9).

(3) In rule 4 (nomination of candidates), for paragraph (3) substitute—

“(3) If a candidate—

(a) commonly uses a surname that is different from any other surname the candidate has,

(b) commonly uses a forename that is different from any other forename the candidate has, or

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).”.

(4) In rule 7 (consent to nomination), in paragraph (b)(i), for “and section 34 of the Localism Act 2011(8)” substitute “, section 34 of the Localism Act 2011 and section 30 of the Elections Act 2022(9)”.

(5) In rule 8 (decisions as to validity of nomination papers), in paragraph (2)—

(a) omit the “and” after sub-paragraph (a);

(b) after paragraph (b) insert—

“(c) that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.”.

(6) In rule 9 (publication of statement of persons nominated), in paragraph (3)—

(a) for “in addition to another name” substitute “in accordance with rule 4(3)”;

(b) for “any other name” substitute “the other surname or forename”.

(7) In rule 24 (appointment of presiding officers and polling clerks), in paragraph (3)(c) for “mentions” substitute “mentioned”.

(8) In rule 33 (questions to be put to voters)—

(a) in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

(b) in the table following paragraph (1)—

(i) in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

“(c) Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

(d) If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

(e) If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(f) If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]”;

(ii) omit entry 4;

(c) in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

(9) In Part 7 (appendix of forms), for—

(a) the form of nomination paper;

(b) the form of candidate’s consent to nomination;

(c) the form of official poll card (to be sent to an elector voting in person); and

(d) the form of official proxy poll card (to be sent to an appointed proxy voting in person),

substitute the corresponding form set out in Part 1 of Schedule 3 to these Regulations.

(10) Schedule 3 (rules for conduct of an election of councillors of a principal area where the poll is taken together with the poll at a relevant election or referendum) is amended in accordance with paragraphs (11) to (18).

(11) In rule 4 (nomination of candidates), for paragraph (3) substitute—

“(3) If a candidate—

(a) commonly uses a surname that is different from any other surname the candidate has,

(b) commonly uses a forename that is different from any other forename the candidate has, or

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).”.

(12) In rule 7 (consent to nomination), in paragraph (b)(i), for “and section 34 of the Localism Act 2011” substitute “, section 34 of the Localism Act 2011 and section 30 of the Elections Act 2022”.

(13) In rule 8 (decisions as to validity of nomination papers), in paragraph (2)—

(a) omit the “and” after sub-paragraph (aa);

(b) after sub-paragraph (b) insert—

“(c) that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.”.

(14) In rule 9 (publication of statement of persons nominated), in paragraph (3)—

(a) for “in addition to another name” substitute “in accordance with rule 4(3)”;

(b) for “any other name” substitute “the other surname or forename”.

(15) In rule 24 (appointment of presiding officers and clerks), in paragraph (3)(c) for “mentions” substitute “mentioned”.

(16) In rule 33 (questions to be put to voters)—

(a) in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

(b) in the table following paragraph (1)—

(i) in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

“(c) Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

(d) If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

(e) If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(f) If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]”;

(ii) omit entry 4;

(c) in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

(17) In rule 37 (voting by persons with disabilities), in paragraph (3) for “voter” in the third place it occurs, substitute “vote”.

(18) In Part 7 (appendix of forms), for—

(a) the form of nomination paper;

(b) the form of candidate’s consent to nomination;

(c) the form of official poll card (to be sent to an elector voting in person); and

(d) the form of official proxy poll card (to be sent to an appointed proxy voting in person),

substitute the corresponding form set out in Part 2 of Schedule 3 to these Regulations.

Commencement Information

I3 Reg. 3(1)(2)(7)(10)(15)(17) in force at 31.10.2023, see reg. 1(2)(b)

I4 Reg. 3(3)-(6)(9)(a)(b)(11)(12)-(14)(18)(a)(b) in force at 1.11.2023, see reg. 1(3)

I5 Reg. 3(8)(9)(c)(d)(16)(18)(c)(d) in force at 31.1.2024, see reg. 1(4)(a)

Amendment of the Local Elections (Parishes and Communities) (England and Wales) Rules 2006 E+W

4.—(1) The Local Elections (Parishes and Communities) (England and Wales) Rules 2006(10) are amended as follows.

(2) Schedule 2 (rules for conduct of an election of councillors of a parish where poll is not taken together with poll at another election) is amended in accordance with paragraphs (3) to (9).

(3) In rule 4 (nomination of candidates), for paragraph (3) substitute—

“(3) If a candidate—

(a) commonly uses a surname that is different from any other surname the candidate has,

(b) commonly uses a forename that is different from any other forename the candidate has, or

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).”.

(4) In rule 7 (consent to nomination), in paragraph (b)(i), for “and section 34 of the Localism Act 2011” substitute “, section 34 of the Localism Act 2011 and section 30 of the Elections Act 2022”.

(5) In rule 8 (decisions as to validity of nomination papers), in paragraph (2)—

(a) omit the “and” after sub-paragraph (aa);

(b) after sub-paragraph (b) insert—

“(c) that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.”.

(6) In rule 9 (publication of statement of persons nominated), in paragraph (3)—

(a) for “in addition to another name” substitute “in accordance with rule 4(3)”;

(b) for “any other name” substitute “the other surname or forename”.

(7) In rule 24 (appointment of presiding officers and polling clerks), in paragraph (3)(c) for “mentions” substitute “mentioned”.

(8) In rule 33 (questions to be put to voters)—

(a) in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

(b) in the table following paragraph (1)—

(i) in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

“(c) Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

(d) If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

(e) If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(f) If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]”;

(ii) omit entry 4;

(c) in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

(9) In Part 7 (appendix of forms), for—

(a) the form of nomination paper;

(b) the form of candidate’s consent to nomination;

(c) the form of official poll card (to be sent to an elector voting in person); and

(d) the form of official proxy poll card (to be sent to an appointed proxy voting in person),

substitute the corresponding forms set out in Part 1 of Schedule 4 to these Regulations.

(10) Schedule 3 (rules for conduct of an election of councillors of a parish where the poll is taken together with the poll at a relevant election or referendum) is amended in accordance with paragraphs (11) to (17).

(11) In rule 4 (nomination of candidates), for paragraph (3) substitute—

“(3) If a candidate—

(a) commonly uses a surname that is different from any other surname the candidate has,

(b) commonly uses a forename that is different from any other forename the candidate has, or

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).”.

(12) In rule 7 (consent to nomination), in paragraph (b)(i), for “and section 34 of the Localism Act 2011” substitute “, section 34 of the Localism Act 2011 and section 30 of the Elections Act 2022”.

(13) In rule 8 (decisions as to validity of nomination papers), in paragraph (2)—

(a) omit the “and” after sub-paragraph (aa);

(b) after sub-paragraph (b) insert—

“(c) that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.”.

(14) In rule 9 (publication of statement of persons nominated), in paragraph (3)—

(a) for “in addition to another name” substitute “in accordance with rule 4(3)”;

(b) for “any other name” substitute “the other surname or forename”.

(15) In rule 24 (appointment of presiding officers and polling clerks), in paragraph (3)(c) for “mentions” substitute “mentioned”.

(16) In rule 33 (questions to be put to voters)—

(a) in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

(b) in the table following paragraph (1)—

(i) in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

“(c) Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

(d) If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

(e) If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(f) If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]”;

(ii) omit entry 4;

(c) in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

(17) In Part 7 (appendix of forms), for—

(a) the form of nomination paper;

(b) the form of candidate’s consent to nomination;

(c) the form of official poll card (to be sent to an elector voting in person); and

(d) the form of official proxy poll card (to be sent to an appointed proxy voting in person),

substitute the corresponding form set out in Part 2 of Schedule 4 to these Regulations.

Commencement Information

I6 Reg. 4(1)(2)(7)(10)(15) in force at 31.10.2023, see reg. 1(2)(c)

I7 Reg. 4(3)-(6)(9)(a)(b)(11)-(14)(17)(a)(b) in force at 1.11.2023, see reg. 1(3)

I8 Reg. 4(8)(9)(c)(d)(16)(17)(c)(d) in force at 31.1.2024, see reg. 1(4)(b)

Amendment of the Greater London Authority Elections Rules 2007 E+W

5.—(1) The Greater London Authority Elections Rules 2007(11) are amended as follows.

(2) Schedule 1 (the constituency members election rules) is amended in accordance with paragraphs (3) to (7).

(3) In rule 6 (nomination of candidates), for paragraph (3) substitute—

“(3) If a candidate—

(a) commonly uses a surname that is different from any other surname the candidate has,

(b) commonly uses a forename that is different from any other forename the candidate has, or

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).”.

(4) In rule 7 (consent to nomination), in paragraph (2)(b)(iii), after “(offences)” insert “or section 30 of the Elections Act 2022 (disqualification orders)”.

(5) In rule 9 (decisions as to validity of nomination papers), in paragraph (2)—

(a) omit the “or” after sub-paragraph (a);

(b) after sub-paragraph (b) insert “or”;

(c) after sub-paragraph (b) insert—

“(c) that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.”.

(6) In rule 10 (publication of statement of persons nominated), in paragraph (3)—

(a) for “in addition to another name” substitute “in accordance with rule 6(3)”;

(b) for “any other name” substitute “the other surname or forename”.

(7) In rule 36 (questions to be put to voters)—

(a) in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

(b) in the table following paragraph (1)—

(i) in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

“(c) Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

(d) If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

(e) If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(f) If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]”;

(ii) omit entry 4;

(c) in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

(8) Schedule 2 (the London members election rules) is amended in accordance with paragraphs (9) to (13).

(9) In rule 8 (nomination papers: general provisions) for paragraph (2) substitute—

“(2) If an individual candidate or a candidate included on a party list—

(a) commonly uses a surname that is different from any other surname the candidate has,

(b) commonly uses a forename that is different from any other forename the candidate has, or

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with rule 6(2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with rule 6(2)(a).”.

(10) In rule 9 (consent to nomination), in paragraph (2)(c)(iii), after “(offences)” insert “or section 30 of the Elections Act 2022 (disqualification orders)”.

(11) In rule 11 (decisions as to validity of nomination papers), in paragraph (4), after “by law”, insert “or that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate”.

(12) In rule 12 (publication of statement of persons nominated), in paragraph (2)—

(a) for “in addition to another name” substitute “in accordance with rule 8(2)”;

(b) for “any other name” substitute “the other surname or forename”.

(13) In rule 37 (questions to be put to voters)—

(a) in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

(b) in the table following paragraph (1)—

(i) in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

“(c) Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

(d) If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

(e) If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(f) If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]”;

(ii) omit entry 4;

(c) in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

(14) Schedule 3 (the mayoral election rules) is amended in accordance with paragraphs (15) to (19).

(15) In rule 6 (nomination of candidates), for paragraph (3) substitute—

“(3) If a candidate—

(a) commonly uses a surname that is different from any other surname the candidate has,

(b) commonly uses a forename that is different from any other forename the candidate has, or

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).”.

(16) In rule 8 (consent to nomination), in paragraph (2)(b)(iii), after “(offences)” insert “or section 30 of the Elections Act 2022 (disqualification orders)”.

(17) In rule 10 (decisions as to validity of nomination papers), in paragraph (2), after sub-paragraph (c) insert—

“(d) that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.”.

(18) In rule 11 (publication of statement of persons nominated), in paragraph (3)—

(a) for “in addition to another name” substitute “in accordance with rule 6(3)”;

(b) for “any other name” substitute “the other surname or forename”.

(19) In rule 36 (questions to be put to voters)—

(a) in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

(b) in the table following paragraph (1)—

(i) in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

“(c) Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

(d) If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

(e) If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(f) If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]”;

(ii) omit entry 4;

(c) in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

(20) Schedule 5 (the constituency members election rules) is amended in accordance with paragraphs (21) to (25).

(21) In rule 6 (nomination of candidates), for paragraph (3) substitute—

“(3) If a candidate—

(a) commonly uses a surname that is different from any other surname the candidate has,

(b) commonly uses a forename that is different from any other forename the candidate has, or

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).”.

(22) In rule 7 (consent to nomination), in paragraph (2)(b)(iii), after “(offences)” insert “or section 30 of the Elections Act 2022 (disqualification orders)”.

(23) In rule 9 (decisions as to validity of nomination papers), in paragraph (2)—

(a) omit the “or” after sub-paragraph (a);

(b) at the end of sub-paragraph (b) insert “or”;

(c) after sub-paragraph (b) insert—

“(c) that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.”.

(24) In rule 10 (publication of statement of persons nominated), in paragraph (3)—

(a) for “in addition to another name” substitute “in accordance with rule 6(3)”;

(b) for “any other name” substitute “the other surname or forename”.

(25) In rule 36 (questions to be put to voters)—

(a) in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

(b) in the table following paragraph (1)—

(i) in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

“(c) Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

(d) If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

(e) If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(f) If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]”;

(ii) omit entry 4;

(c) in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

(26) Schedule 6 (the London members election rules) is amended in accordance with paragraphs (27) to (31).

(27) In rule 8 (nomination papers: general provisions), for paragraph (2) substitute—

“(2) If an individual candidate or candidate included on a party list—

(a) commonly uses a surname that is different from any other surname the candidate has,

(b) commonly uses a forename that is different from any other forename the candidate has, or

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with rule 6(2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with rule 6(2)(a).”.

(28) In rule 9 (consent to nomination), in paragraph (2)(c)(iii), after “(offences)” insert “or section 30 of the Elections Act 2022 (disqualification orders)”.

(29) In rule 11 (decisions as to validity of nomination papers), in paragraph (4), after “by law” insert “or that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate”.

(30) In rule 12 (publication of statement of persons nominated), in paragraph (2)—

(a) for “in addition to another name” substitute “in accordance with rule 8(2)”;

(b) for “any other name” substitute “the other surname or forename”.

(31) In rule 37 (questions to be put to voters)—

(a) in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

(b) in the table following paragraph (1)—

(i) in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

“(c) Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

(d) If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

(e) If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(f) If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]”;

(ii) omit entry 4;

(c) in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

(32) Schedule 7 (the mayoral election rules) is amended in accordance with paragraphs (33) to (37).

(33) In rule 6 (nomination of candidates), for paragraph (3) substitute—

“(3) If a candidate—

(a) commonly uses a surname that is different from any other surname the candidate has,

(b) commonly uses a forename that is different from any other forename the candidate has, or

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).”.

(34) In rule 8 (consent to nomination), in paragraph (2)(b)(iii), after “(offences)” insert “or section 30 of the Elections Act 2022 (disqualification orders)”.

(35) In rule 10 (decisions as to validity of nomination papers), in paragraph (2)—

(a) omit the “and” after sub-paragraph (b);

(b) after sub-paragraph (c) insert—

“(d) that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.”.

(36) In rule 11 (publication of statement of persons nominated), in paragraph (3)—

(a) for “in addition to another name” substitute “in accordance with rule 6(3)”;

(b) for “any other name” substitute “the other surname or forename”.

(37) In rule 36 (questions to be put to voters)—

(a) in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

(b) in the table following paragraph (1)—

(i) in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

“(c) Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

(d) If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

(e) If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(f) If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]”;

(ii) omit entry 4;

(c) in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

(38) In Schedule 10 (Schedule of forms) for—

(a) Form 1 (Nomination paper (constituency and individual London member candidates));

(b) Form 2 (Nomination paper (London member party list candidates));

(c) Form 3 (Nomination paper (Mayor of London candidates));

(d) Form 4 (candidate’s consent to nomination);

(e) Form 12 (official poll card); and

(f) Form 14 (official proxy poll card),

substitute the corresponding form set out in Schedule 5 to these Regulations.

Commencement Information

I9 Reg. 5(1)-(6)(8)-(12)(14)-(18)(20)-(24)(26)-(30)(32)-(36)(38)(a)-(d) in force at 1.11.2023, see reg. 1(3)

I10 Reg. 5(7)(13)(19)(25)(31)(37)(38)(e)(f) in force at 31.1.2024, see reg. 1(4)(c)

Amendment of the Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) Regulations 2012 E+W

6.  In regulation 10 of the Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) Regulations 2012 (filling of casual vacancies: supplementary)(12), in paragraph (1), after sub-paragraph (c) insert—

“(ca) in the case of disqualification by virtue of an order under section 30 of the Elections Act 2022 (disqualification orders), on the date the office is vacated in accordance with section 31 of that Act (vacation of office etc);”.

Commencement Information

I11 Reg. 6 in force at 1.11.2023, see reg. 1(3)

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Lee Rowley

Parliamentary Under Secretary of State

Department for Levelling Up, Housing and Communities

5th October 2023

Regulation 1(6)

Schedule 1 E+W Transitional and savings provisions

Part 1 E+W Interpretation and general savings

Interpretation E+W

1.  In this Schedule—

“GLA Rules” means the Greater London Authority Elections Rules 2007;

“Parish Rules” means the Local Elections (Parishes and Communities) (England and Wales) Rules 2006;

“Principal Areas Rules” means the Local Elections (Principal Areas) (England and Wales) Rules 2006;

“relevant rule” means (as the case may be)—

(a)

rule 3 of Schedule 2 or rule 3 of Schedule 3 to the Principal Areas Rules;

(b)

rule 3 of Schedule 2 or rule 3 of Schedule 3 to the Parish Rules;

(c)

rule 5 of Schedule 1, rule 5 of Schedule 2, rule 5 of Schedule 3, rule 5 of Schedule 5, rule 5 of Schedule 6 or rule 5 of Schedule 7 to the GLA Rules.

Commencement Information

I12 Sch. 1 para. 1 in force at 31.10.2023, see reg. 1(2)(d)

Savings for elections for which the notice of election was published on or before 31st October 2023 E+W

2.  The amendments made by regulations 3(5) and (13), 4(5) and (13) and 5(5), (11), (17), (23), (29) and (35) do not apply in relation to an election in respect of which the notice of election was published in accordance with the relevant rule on or before 31st October 2023.

Commencement Information

I13 Sch. 1 para. 2 in force at 1.11.2023, see reg. 1(3)

Savings for elections for which the date of poll is on or before 1st May 2024 E+W

3.  The amendments made by the following provisions do not apply in relation to an election in respect of which the date of the poll as specified in the notice of election published in accordance with the relevant rule is on or before 1st May 2024—

(a) regulation 3(3), (4), (6), (9)(a), (11), (12), (14) and (18)(a);

(b) regulation 4(3), (4), (6), (9)(a), (11), (12), (14) and (17)(a);

(c) regulation 5(3), (4), (6), (9), (10), (12), (15), (16), (18), (21), (22), (24), (27), (28), (30), (33), (34), (36) and (38)(a) to (c).

Commencement Information

I14 Sch. 1 para. 3 in force at 1.11.2023, see reg. 1(3)

Savings for elections for which the date of poll is on or before 6th May 2024 E+W

4.  The amendments made by regulations 3(9)(b) and (18)(b), 4(9)(b) and (17)(b) and 5(38)(d) do not apply in relation to an election in respect of which the date of the poll as specified in the notice of election published in accordance with the relevant rule is on or before 6th May 2024.

Commencement Information

I15 Sch. 1 para. 4 in force at 1.11.2023, see reg. 1(3)

Modification of forms used for an election in the period beginning with 2nd May 2024 and ending with 6th May 2024 E+W

5.—(1) This regulation applies to an election in respect of which the date of the poll as specified in the notice of election published in accordance with the relevant rule is 2nd, 3rd, 4th, 5th or 6th May 2024.

(2) The reference to “the appropriate form” in—

(a) rule 7(b) of Schedule 2 to the Principal Areas Rules is to be taken as a reference to the form in Part 1 of Schedule 2 to these Regulations;

(b) rule 7(b) of Schedule 3 to the Principal Areas Rules is to be taken as a reference to the form in Part 2 of Schedule 2 to these Regulations;

(c) rule 7(b) of Schedule 2 to the Parish Rules is to be taken as a reference to the form in Part 3 of Schedule 2 to these Regulations;

(d) rule 7(b) of Schedule 3 to the Parish Rules is to be taken as a reference to the form in Part 4 of Schedule 2 to these Regulations;

(e) rule 7(1)(a) of Schedule 1, rule 9(1)(a) of Schedule 2, rule 8(1)(a) of Schedule 3, rule 7(1)(a) of Schedule 5, rule 9(1)(a) of Schedule 6 and rule 8(1)(a) of Schedule 7 to the GLA Rules is to be taken as a reference to the form in Part 5 of Schedule 2 to these Regulations.

Commencement Information

I16 Sch. 1 para. 5 in force at 1.11.2023, see reg. 1(3)

Part 2 E+W Principal area councillor elections

Interpretation of Part 2 E+W

6.  In this Part—

“election conduct rules” means the rules set out in Schedules 2 and 3 to the Principal Areas Rules (as the case may be);

“ongoing principal area councillor election” means a relevant principal area councillor election for which the date of poll as specified in the notice of election is on or after 31st January 2024;

“relevant principal area councillor election” means an election of councillors of a principal area for which the notice of election is published in accordance with the relevant rule on or before 30th January 2024.

Commencement Information

I17 Sch. 1 para. 6 in force at 31.10.2023, see reg. 1(2)(d)

Questions for proxies at certain principal area councillor elections E+W

7.—(1) The amendments made by regulation 3(8) and (16) do not apply in respect of an ongoing principal area councillor election.

(2) Rule 33 of the election conduct rules applies in respect of a relevant principal area councillor election as if—

(a) in the table after paragraph (1)—

(i) in entry 2 (proxy), in the column headed “Question”—

(aa) after question (b) there were inserted—

“(ba) “Were you appointed as proxy on behalf of C.D. before 31st October 2023?” [R]”;

(bb) in question (c), at the beginning there were inserted “If the person answers question (ba) in the affirmative:”;

(ii) in entry 3 (proxy for an elector with an anonymous entry), in the column headed “Question”—

(aa) after question (b) there were inserted—

“(ba) “Were you appointed as proxy on behalf of the person whose number on the register of electors is (read out the number) before 31st October 2023?” [R]”;

(bb) in question (c), at the beginning there were inserted “If the person answers question (ba) in the affirmative:”;

(b) in paragraph (2), after “3(a), (b)” there were inserted “, (ba)”.

Commencement Information

I18 Sch. 1 para. 7(1) in force at 31.1.2024, see reg. 1(4)(d)

I19 Sch. 1 para. 7(2) in force at 31.10.2023, see reg. 1(2)(d)

Poll card forms for certain principal area councillor elections E+W

8.—(1) The amendments made by regulation 3(9)(c) and (d) and (18)(c) and (d) do not apply in respect of an ongoing principal area councillor election.

(2) The form of the official poll card (to be sent to an elector voting in person) and the form of the official proxy poll card (to be sent to an appointed proxy voting in person) in the election conduct rules apply in respect of a relevant principal area councillor election as if, on the front of the form, before the text that begins “vote as a proxy at this election” there were inserted “(in the case of a proxy appointed before 31st October 2023)”.

(3) The form of the official postal poll card (to be sent to an elector voting by post) and the form of the official proxy postal poll card (to be sent to an appointed proxy voting by post) in the election conduct rules apply in respect of a relevant principal area councillor election as if on the back of the form, before the text that begins “vote as a proxy at this election” there were inserted “(in the case of a proxy appointed before 31st October 2023)”.

[F1 (4) Sub-paragraph (5) applies to an election of councillors of a principal area for which—

(a) the notice of election is published in accordance with the relevant rule on or after 31st January 2024, and

(b) the date of poll stated in that notice is on or before 1st May 2024.

(5) The form of the official postal poll card (to be sent to an elector voting by post) and the form of the official proxy postal poll card (to be sent to an appointed proxy voting by post) in the election conduct rules apply in respect of an election to which this sub-paragraph applies as if, on the back of the form, for the text that begins “vote as a proxy at this election” and ends with “grandchild” there were substituted—

“(in the case of a proxy appointed on or after 31st October 2023) vote as a proxy on behalf of more than four electors, of which no more than two may be on behalf of other domestic electors (a domestic elector is one who is not an overseas or service elector)”.]

Textual Amendments

F1 Sch. 1 para. 8(4)(5) inserted (10.1.2024) by The Local Government and Greater London Authority Elections (Amendment) Rules 2023 (S.I. 2023/1334), rules 1(1), 5(2)

Commencement Information

I20 Sch. 1 para. 8(1) in force at 31.1.2024, see reg. 1(4)(d)

I21 Sch. 1 para. 8(2)(3) in force at 31.10.2023, see reg. 1(2)(d)

Part 3 E+W Parish councillor elections

Interpretation of Part 3 E+W

9.  In this Part—

“election conduct rules” means the rules set out in Schedules 2 and 3 to the Parish Rules (as the case may be);

“ongoing parish councillor election” means a relevant parish councillor election where the date of poll as specified in the notice of election is on or after 31st January 2024;

“relevant parish councillor election” means an election of councillors of a parish where the notice of election published in accordance with the relevant rule is published on or before 30th January 2024.

Commencement Information

I22 Sch. 1 para. 9 in force at 31.10.2023, see reg. 1(2)(d)

Questions for proxies at certain parish councillor elections E+W

10.—(1) The amendments made by regulation 4(8) and (16) do not apply in respect of an ongoing parish councillor election.

(2) Rule 33 of the election conduct rules applies in respect of an ongoing parish councillor election as if—

(a) in the table after paragraph (1)—

(i) in entry 2 (proxies), in the column headed “Question”—

(aa) after question (b) there were inserted—

“(ba) “Were you appointed as proxy on behalf of C.D. before 31st October 2023?” [R]”;

(bb) in question (c), at the beginning there were inserted “If the person answers question (ba) in the affirmative:”;

(ii) in entry 3 (proxy for an elector with an anonymous entry), in the column headed “Question”—

(aa) after question (b) there were inserted—

“(ba) “Were you appointed as proxy on behalf of the person whose number on the register of electors is (read out the number) before 31st October 2023?” [R]”;

(bb) in question (c), at the beginning there were inserted “If the person answers question (ba) in the affirmative:”;

(b) in paragraph (2), after “3(a), (b)” there were inserted “, (ba)”.

Commencement Information

I23 Sch. 1 para. 10(1) in force at 31.1.2024, see reg. 1(4)(d)

I24 Sch. 1 para. 10(2) in force at 31.10.2023, see reg. 1(2)(d)

Poll card forms for certain parish councillor elections E+W

11.—(1) The amendments made by regulation 4(9)(c) and (d) and (17)(c) and (d) do not apply in respect of an ongoing parish councillor election.

(2) The form of the official poll card (to be sent to an elector voting in person) and the form of the official proxy poll card (to be sent to an appointed proxy voting in person) in the election conduct rules apply in respect of an ongoing parish councillor election as if, on the front of the form, before the text that begins “vote as a proxy at this election” there were inserted “(in the case of a proxy appointed before 31st October 2023)”.

(3) The form of the official postal poll card (to be sent to an elector voting by post) and the form of the official proxy postal poll card (to be sent to an appointed proxy voting by post) in the election conduct rules apply in respect of a relevant parish councillor election as if on the back of the form, before the text that begins “vote as a proxy at this election” there were inserted “(in the case of a proxy appointed before 31st October 2023)”.

[F2 (4) Sub-paragraph (5) applies to an election of councillors of a principal area for which—

(a) the notice of election is published in accordance with the relevant rule on or after 31st January 2024, and

(b) the date of poll stated in that notice is on or before 1st May 2024.

(5) The form of the official postal poll card (to be sent to an elector voting by post) and the form of the official proxy postal poll card (to be sent to an appointed proxy voting by post) in the election conduct rules apply in respect of an election to which this sub-paragraph applies as if, on the back of the form, for the text that begins “vote as a proxy at this election” and ends with “grandchild” there were substituted—

“(in the case of a proxy appointed on or after 31st October 2023) vote as a proxy on behalf of more than four electors, of which no more than two may be on behalf of other domestic electors (a domestic elector is one who is not an overseas or service elector)”.]

Textual Amendments

F2 Sch. 1 para. 11(4)(5) inserted (10.1.2024) by The Local Government and Greater London Authority Elections (Amendment) Rules 2023 (S.I. 2023/1334), rules 1(1), 5(3)

Commencement Information

I25 Sch. 1 para. 11(1) in force at 31.1.2024, see reg. 1(4)(d)

I26 Sch. 1 para. 11(2)(3) in force at 31.10.2023, see reg. 1(2)(d)

Part 4 E+W Greater London Authority elections

Interpretation of Part 4 E+W

12.  In this Part—

“Authority election”, “Constituency Members Election Rules”, “London Members Election Rules and “Mayoral Election Rules” have the same meanings as in rule 2 of the GLA Rules;

“ongoing Authority election” means a relevant Authority election where the date of poll as specified in the notice of election is on or after 31st January 2024;

“relevant Authority election” means an Authority election where the notice of election published in accordance with the relevant rule is published on or before 30th January 2024.

Commencement Information

I27 Sch. 1 para. 12 in force at 31.10.2023, see reg. 1(2)(d)

Questions for proxies at certain Authority elections E+W

13.—(1) The amendments made by regulation 5(7), (13), (19), (25), (31) and (37) do not apply in respect of an ongoing Authority election.

(2) The questions to voters rule applies in respect of a relevant Authority election as if—

(a) in the table after paragraph (1)—

(i) in entry 2 (proxies), in the column headed “Question”—

(aa) after question (b) there were inserted—

“(ba) “Were you appointed as proxy on behalf of C.D. before 31st October 2023?” [R]”;

(bb) in question (c), at the beginning there were inserted “If the person answers question (ba) in the affirmative:”;

(ii) in entry 3 (proxy for an elector with an anonymous entry), in the column headed “Question”—

(aa) after question (b) there were inserted—

“(ba) “Were you appointed as proxy on behalf of the person whose number on the register of electors is (read out the number) before 31st October 2023?” [R]”;

(bb) in question (c), at the beginning there were inserted “If the person answers question (ba) in the affirmative:”

(b) in paragraph (2), after “3(a), (b)” there were inserted “, (ba)”.

(3) In paragraph (2), “the questions to voters rule” means—

(a) rule 36 in the Constituency Members Election Rules or Mayoral Election Rules;

(b) rule 37 in the London Members Election Rules.

Commencement Information

I28 Sch. 1 para. 13(1) in force at 31.1.2024, see reg. 1(4)(d)

I29 Sch. 1 para. 13(2)(3) in force at 31.10.2023, see reg. 1(2)(d)

Poll card forms for certain Authority elections E+W

14.—(1) The amendments made by regulation 5(38)(e) and (f) do not apply in respect of an ongoing Authority election.

(2) In Schedule 10 to the GLA Rules (forms)—

(a) Form 12 (official poll card) and Form 14 (official proxy poll card) apply in respect of a relevant Authority election as if, on the front of the form, before the text that begins “vote as a proxy at this election” there were inserted “(in the case of a proxy appointed before 31st October 2023)”;

(b) Form 13 (official postal poll card) and Form 15 (official proxy postal poll card) apply in respect of a relevant Authority election as if on the back of the form, before the text that begins “vote as a proxy at [F3 the same election]” there were inserted “(in the case of a proxy appointed before 31st October 2023)”.

[F4 (c) Form 13 (official postal poll card) and Form 15 (official proxy postal poll card) apply in respect of an Authority election to which sub-paragraph (3) applies as if, on the back of the form, for the text that begins “vote as a proxy at the same election” and ends with “grandchild” there were substituted—

“(in the case of a proxy appointed on or after 31st October 2023) vote as a proxy on behalf of more than four electors, of which no more than two may be on behalf of other domestic electors (a domestic elector is one who is not an overseas or service elector)”.]

[F5 (3) This sub-paragraph applies to an Authority election for which—

(a) the notice of election is published in accordance with the relevant rule on or after 31st January 2024, and

(b) the date of poll stated in that notice is on or before 1st May 2024.]

Textual Amendments

F3 Words in Sch. 1 para. 14(2)(b) substituted (10.1.2024) by The Local Government and Greater London Authority Elections (Amendment) Rules 2023 (S.I. 2023/1334), rules 1(1), 5(4)(a)(i)

F4 Sch. 1 para. 14(2)(c) inserted (10.1.2024) by The Local Government and Greater London Authority Elections (Amendment) Rules 2023 (S.I. 2023/1334), rules 1(1), 5(4)(a)(ii)

F5 Sch. 1 para. 14(3) inserted (10.1.2024) by The Local Government and Greater London Authority Elections (Amendment) Rules 2023 (S.I. 2023/1334), rules 1(1), 5(4)(b)

Commencement Information

I30 Sch. 1 para. 14(1) in force at 31.1.2024, see reg. 1(4)(d)

I31 Sch. 1 para. 14(2) in force at 31.10.2023, see reg. 1(2)(d)

Schedule 1, paragraph 5

Schedule 2 E+W Forms for use at an election in respect of which the date of poll specified in the notice of election is within the period beginning with 2nd May 2024 and ending with 6th May 2024

Part 1 E+W Form for substitution for Form of Candidate’s consent to nomination in Schedule 2 to the Local Elections (Principal Areas) (England and Wales) Rules 2006

Commencement Information

I32 Sch. 2 Pt. 1 in force at 1.11.2023, see reg. 1(3)

Front of Form

Back of Form

Part 2 E+W Form for substitution for Form of Candidate’s consent to nomination in Schedule 3 to the Local Elections (Principal Areas) (England and Wales) Rules 2006

Commencement Information

I33 Sch. 2 Pt. 2 in force at 1.11.2023, see reg. 1(3)

Front of Form

Back of Form

Part 3 E+W Form for substitution for Form of Candidate’s consent to nomination in Schedule 2 to the Local Elections (Parishes and Communities) (England and Wales) Rules 2006

Commencement Information

I34 Sch. 2 Pt. 3 in force at 1.11.2023, see reg. 1(3)

Front of Form

Back of Form

Part 4 E+W Form for substitution for Form of Candidate’s consent to nomination in Schedule 3 to the Local Elections (Parishes and Communities) (England and Wales) Rules 2006

Commencement Information

I35 Sch. 2 Pt. 4 in force at 1.11.2023, see reg. 1(3)

Front of Form

Back of Form

Part 5 E+W Form for substitution for Candidate’s consent to nomination in Schedule 10 to the Greater London Authority Elections Rules 2007

Commencement Information

I36 Sch. 2 Pt. 5 in force at 1.11.2023, see reg. 1(3)

Front of Form

Back of Form

Regulation 3(9) and (18)

Schedule 3 E+W The Local Elections (Principal Areas) (England and Wales) Rules 2006: New Forms

Part 1 E+W Forms for use at an election of councillors of a principal area where poll is not taken together with poll for another election or referendum

Commencement Information

I37 Sch. 3 Pt. 1 in force at 1.11.2023, see reg. 1(3)

Form of nomination paper E+W

Candidate’s consent to nomination form E+WFront of Form E+W

Back of Form

Form of official poll card E+W

Form of official proxy poll card E+W

Part 2 E+W Forms for use at an election of councillors of a principal area where the poll is taken together with poll for another election or referendum

Commencement Information

I38 Sch. 3 Pt. 2 in force at 1.11.2023, see reg. 1(3)

Form of nomination paper E+W

Candidate’s consent to nomination form E+W

Front of Form

Back of Form

Form of official poll card E+W

Form of official proxy poll card E+W

Regulation 4(9) and (17)

Schedule 4 E+W The Local Elections (Parish and Communities) (England and Wales) Rules 2006: New Forms

Part 1 E+W Forms for use at an election of councillors of a parish where poll is not taken together with poll at another election

Commencement Information

I39 Sch. 4 Pt. 1 in force at 1.11.2023, see reg. 1(3)

Form of nomination paper E+W

Candidate’s consent to nomination form E+W

Front of Form

Back of Form

Form of official poll card E+W

Form of official proxy poll card E+W

Part 2 E+W Forms for use at an election of councillors of a parish where the poll is taken together with the poll at a relevant election or referendum

Commencement Information

I40 Sch. 4 Pt. 2 in force at 1.11.2023, see reg. 1(3)

Form of nomination paper E+W

Candidate’s consent to nomination form E+W

Front of Form

Back of Form

Form of official poll card E+W

Form of official proxy poll card E+W

Regulation 5(38)

Schedule 5 E+W The Greater London Authority Elections Rules 2007: New forms

Commencement Information

I41 Sch. 5 in force at 1.11.2023, see reg. 1(3)

Form 1: Constituency member and London member (individual) candidates: Form of nomination paper E+W

Form 2: London member (party list) candidates: form of nomination paper E+W

Form 3: candidate to be mayor of London: form of nomination paper E+W

Form 4: candidate’s consent to nomination E+W

Front of Form

Back of Form

Form 12: official poll card E+W

Form 14: official proxy poll card E+W

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision in relation to a number of provisions of the Elections Act 2022 (c. 37) (“the Act”). The provisions implemented by these Regulations are proxy voting restrictions (section 6 and Schedule 4), candidates’ commonly used names (section 10), EU citizens’ candidacy rights (section 15) and disqualification orders (Part 5 of the Act).

The Regulations make provision in relation to local elections and Greater London Assembly and London mayoral elections to enable a returning officer to hold a nomination paper invalid if the person submitting that nomination paper is subject to a disqualification order, and introduce the new forms of nomination paper, candidate’s consent to nomination, and elector and proxy poll cards. The Regulations also make provision to introduce new poll cards and proxy poll cards that reflect the proxy voting provisions in section 6 of and Schedule 4 to the Act.

Regulation 2 applies the new offence of undue influence, inserted by section 8 of the Act to parish polls in England, and maintains the position for devolved community polls in Wales.

Regulation 6 amends the vacancy rules in relation to single authority mayors so that in the event of a disqualification order being made under section 30 of the Act, the vacancy arises on the date determined in accordance with section 31 of the Act.

Schedule 1 contains transitional and savings provisions. Paragraph 2 makes provision so that the amendment to the power of the returning officer to hold a nomination paper invalid does not take effect in relation to which a notice of election has been issued on or before 31st October 2023. This is to avoid changing the powers of the returning officers in the middle of an election for which notice has been issued prior to commencement.

Paragraph 3 makes saving provision so that amendments to nomination forms do not have effect in relation to an election where the date of poll specified in the notice of election is on or before 1st May 2024. The new forms will apply to elections on or after 2nd May 2024.

Paragraph 4 makes saving provision so that the changes in relation to the candidate’s consent to nomination form to implement the amended EU citizens’ candidacy rights do not have effect in relation to an election where the date of poll is on or before 6th May 2024.

Paragraph 5 makes provision so that the form of candidate’s consent to nomination for an election where the date of poll is on or after 2nd May 2024 but on or before 6th May includes only the amendments to implement disqualification orders but not the new EU citizens’ candidacy rights. This is to ensure that the amended EU citizens’ candidacy rights take effect after the elections to be held on the ordinary day of election in 2024.

Parts 2-4 (paragraphs 6-14) of Schedule 1 make transitional and saving provisions in relation to proxy arrangements to ensure that proxies who were appointed as proxy prior to 31st October 2023 remain subject to the rules on appointment of and voting by proxies that applied at the time of the appointment.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An impact assessment has been produced in relation to the Act and copies can be obtained at https://bills.parliament.uk/publications/44886/documents/1304 or from the Department for Levelling Up, Housing and Communities at 2 Marsham Street, London, SW1P 4DF.

(1)

1972 c. 70. Paragraph 18 was amended by paragraph 14 of Schedule 8 to the Representation of the People Act 1983 (c. 2). It is prospectively amended by section 42 of the Local Audit and Accountability Act 2014 (c. 2) from a date and time to be appointed.

(2)

1983 c. 2. Subsection (1) was amended by section 13(2) of the Local Government and Elections (Wales) Act 2021 (asc 1). Subsection (2A) was inserted by paragraph 4 of Schedule 3 to the Greater London Authority Act 1999 (c. 29).

(3)

2000 c. 22. Section 9HB was inserted by paragraph 1 of Schedule 2 to the Localism Act 2011 (c. 20).

(4)

2000 c. 41. Subsection (2)(d) was amended by paragraph 11 of Schedule 2 to the Local Government and Elections (Wales) Act 2021.

(5)

S.I. 1987/1, amended by S.I. 2022/1284; there are other amending instruments but none is relevant.

(6)

Section 114A of the Representation of the People Act 1983 (c. 2) was inserted by section 8 of the Elections Act 2022 (c. 37). Section 8 of that Act comes into force on 1st November 2023.

(7)

S.I. 2006/3304; relevant amending instruments are S.I. 2014/494, S.I. 2018/1308, 2022/263 (W. 79), 2022/600 and 1397.

(8)

2011 c. 20.

(9)

2022 c. 37.

(10)

S.I. 2006/3305, which has been amended by section 1(4) of the Local Government (Disqualification) Act 2022 (c. 17). Relevant amending instruments are S.I. 2014/492, 2018/1309, 2022/263 (W. 79), 2022/600 and 1397.

(11)

S.I. 2007/3541, which has been amended by section 3(2) of the Local Government (Disqualification) Act 2022 (c. 17). Relevant amending instruments are S.I. 2016/24, 2019/1426, 2022/600 and 1397.

(12)

S.I. 2012/336, to which there are amendments not relevant to these Regulations.