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

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Regulation 8

SCHEDULE 2E+WMODIFICATIONS TO PARLIAMENTARY ELECTIONS RULES

Modifications etc. (not altering text)

1.  In the circumstances set out in regulation 8 of these Regulations, the parliamentary election rules in Schedule 1 to the 1983 Act shall have effect subject to the following modifications.E+W

Commencement Information

I1Sch. 2 para. 1 in force at 23.3.2004, see reg. 1(1)

2.  In this Schedule, and in any provision modified by this Schedule—E+W

“Combination of Polls Regulations” means the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004;

[F1combined authority mayoral election” means an election of a mayor for a combined authority under Part 6 of the 2009 Act;]

[F2combined county authority mayoral election” means an election for a mayor for a combined county authority under Chapter 1 of Part 2 of the 2023 Act;]

“GLRO” means the Greater London Returning Officer, being the person who is for the time being the proper officer of the Greater London Authority for the purposes of section 35(2C) of the Representation of the People Act 1983(1);

“mayoral election” means an election conducted under [F3the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007]);

[F4police and crime commissioner election” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the 2011 Act;]

“referendum” means a referendum conducted under [F5the Local Authorities (Conduct of Referendums) (England) Regulations 2012]; and

“relevant election or referendum” means one or more of the following—

(a)

F6...

(b)

a local government election,

(c)

a mayoral election,

(ca)

[F7a combined authority mayoral election,]

(cb)

[F8a combined county authority mayoral election,]

(d)

a referendum,

(e)

[F9a police and crime commissioner election,]

the poll at which is taken together with the poll at the parliamentary election.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I2Sch. 2 para. 2 in force at 23.3.2004, see reg. 1(1)

3.  In this Schedule, and in any provision modified by this Schedule, in the case of a referendum a reference to—E+W

(a)an election agent or counting agent shall be construed as a reference to a counting observer, within the meaning of regulation 2(1) of [F10the Local Authorities (Conduct of Referendums) (England) Regulations 2012];

(b)a polling agent shall be construed as a reference to a polling observer, within the meaning of that regulation; and

(c)a returning officer shall be construed as a reference to a counting officer, within the meaning of that regulation.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I3Sch. 2 para. 3 in force at 23.3.2004, see reg. 1(1)

[F114.  At the end of paragraph (2) of rule 19 (the ballot papers) insert—E+W

(d)shall be of a different colour from that of any ballot papers used at any relevant election or referendum..]

Textual Amendments

Commencement Information

I4Sch. 2 para. 4 in force at 23.3.2004, see reg. 1(1)

5.  At the end of rule 23(2) (notice of poll) the following paragraph shall be inserted—E+W

(3) The notice published under paragraph (2) above shall—

(a)state that the poll at the parliamentary election is to be taken together with the poll at a relevant election or referendum;

(b)specify the relevant local counting area, local authority or, as the case may be, voting area and, in the case of a local government election to fill a casual vacancy, the electoral area for which the election is held; and

(c)where the polls are to be taken together in part of the constituency only, specify that part.

Commencement Information

I5Sch. 2 para. 5 in force at 23.3.2004, see reg. 1(1)

6.  At the end of rule 28(3) (issue of official poll cards) the following paragraph shall be inserted—E+W

(5) [F12Subject to paragraph (6), if] the returning officer for each relevant election or referendum agrees, an official poll card issued under this rule may be combined with an official poll card issued at each relevant election or referendum, with necessary adaptations.

[F13(6) Paragraph (5) does not apply in respect of the official poll card for a local government election in Wales.]

Textual Amendments

Commencement Information

I6Sch. 2 para. 6 in force at 23.3.2004, see reg. 1(1)

7.  After paragraph (1) of rule 29 (equipment of polling stations) there shall be inserted the following paragraphs—E+W

(1A) The same ballot box may be used for the poll at the parliamentary election and the poll at each relevant election or referendum.

(1B) Where the same ballot box is not used under paragraph (1A), each ballot box shall be clearly marked with—

(a)the election or referendum to which it relates, as shown on the ballot papers for that election or referendum; and

(b)the words “Please insert the [specify colour of ballot papers in question] coloured ballot papers in here.”

Commencement Information

I7Sch. 2 para. 7 in force at 23.3.2004, see reg. 1(1)

8.  After paragraph (3A) of rule 29 (equipment of polling stations) insert the following paragraph—E+W

(3B) The large version of the ballot paper referred to in paragraph (3A)(a) above shall be printed on paper of the same colour as that of the ballot papers for use at the parliamentary election.

Commencement Information

I8Sch. 2 para. 8 in force at 23.3.2004, see reg. 1(1)

[F149.  For paragraph (5) of rule 29 (equipment of polling stations) substitute—E+W

(5) In every compartment of every polling station there must be exhibited the notice:

“PARLIAMENTARY ELECTION

([Specify colour] ballot paper)

Vote for ONLY ONE CANDIDATE by putting a cross [X] in the box next to your choice.

F15...

F15...

F15...

*[Specify name of council] COUNCIL ELECTION

([Specify colour] ballot paper)

*[Vote for NO MORE THAN … CANDIDATES by putting a cross [X] in the box next to EACH of your choices.]

*[Vote ONLY ONCE by putting a cross [X] in the box next to your choice.]

*ELECTION OF THE MAYOR OF LONDON

([Specify colour] ballot paper)

[F16#Vote for ONLY ONE candidate by putting a cross [X] in the box next to your choice.]

*ELECTION OF THE LONDON ASSEMBLY

#On the constituency members ballot paper ([specify colour]) vote for ONE candidate only.

#On the London members ballot paper ([specify colour]) vote for ONE party or individual candidate only.

*[Specify other] ELECTION/REFERENDUM

([Specify colour] ballot paper)

[Specify voting instructions in accordance with the legislation governing the election or referendum]

PUT NO OTHER MARK ON THE BALLOT PAPER OR YOUR VOTE MAY NOT COUNT.

*[PLEASE DO NOT FOLD THE BALLOT PAPERS FOR [specify the election(s) and/or referendum(s) at which the votes are to be counted electronically]. Post them, face downwards, in the [*appropriate] ballot box.]

*Complete or omit as necessary.

#Alternatively, insert such information as the GLRO may decide.”]

10.  At the end of paragraph (3) of rule 30 (appointment of polling and counting agents) there shall be inserted the following—E+W

  • Notices of the appointment of polling agents and counting agents which are required by this paragraph and paragraphs (4) and (5)(4) below to be given to the returning officer shall be given to the returning officer who discharges the functions specified in Regulation 5 of the Combination of Polls Regulations.

Commencement Information

I10Sch. 2 para. 10 in force at 23.3.2004, see reg. 1(1)

[F1711.  At the end of paragraph (1)(h) of rule 32 (admission to polling stations) insert—E+W

(i)persons entitled to be admitted to the polling station at a relevant election or referendum..]

Textual Amendments

Commencement Information

I11Sch. 2 para. 11 in force at 23.3.2004, see reg. 1(1)

[F1812.(1) Rule 35 (questions to be put to voters) is amended as follows.E+W

(2) In the questions specified in the second column of the table set out in rule 35—

(a)for the words “at this election”, wherever they appear, substitute “at this Parliamentary election”;

[F19(aa)in questions 2(e) and 3(e), for “in this election” substitute “in this Parliamentary election”;

(ab)in questions 2(f) and 3(f), after “today” insert “at this Parliamentary election”;]

(b)in question 3(b) after the words “here or elsewhere” insert “at this Parliamentary election”.]

[F2013.  After paragraph (3) of rule 37 (voting procedure) insert the following—E+W

(3A) The same copy of the register of electors or where paragraph (3) applies, the same copy of the notice issued under section 13B(3B) or (3D) of this Act may be used under paragraph (1) for each relevant election or referendum and—

(a)one mark may be placed in that register or on that notice under paragraph (1)(c) or in the list of proxies under paragraph (1)(e) to denote that a ballot paper has been issued in respect of each election or referendum; and

(b)where a ballot paper has not been issued in respect of a relevant election or referendum, a different mark shall be placed in the register, on the notice or in the list, so as to identify each election or referendum in respect of which the ballot paper was issued..]

Textual Amendments

Commencement Information

I13Sch. 2 para. 13 in force at 23.3.2004, see reg. 1(1)

14.  At the end of paragraph (2) of rule 38 (votes marked by presiding officer) there shall be inserted—E+W

  • The same list may be used for each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election or referendum, unless the list identifies the election or referendum at which the ballot paper was so marked.

Commencement Information

I14Sch. 2 para. 14 in force at 23.3.2004, see reg. 1(1)

15.  At the end of paragraph (4) of rule 39(5) (voting by person with disabilities) there shall be inserted—E+W

  • The same list may be used for each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean the votes were so given in respect of each election or referendum, unless the list identifies the election or referendum at which the vote was so given.

Commencement Information

I15Sch. 2 para. 15 in force at 23.3.2004, see reg. 1(1)

16.  At the end of paragraph (3) of rule 40(6) (tendered ballot papers) there shall be inserted—E+W

  • The same list may be used for each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each election or referendum, unless the list identifies the election or referendum at which a tendered ballot paper was marked.

Commencement Information

I16Sch. 2 para. 16 in force at 23.3.2004, see reg. 1(1)

[F2116A.  At the end of rule 41A (correction of errors on day of the poll) insert the following—E+W

The same list may be used for each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that ballot papers were issued in respect of each election or referendum, unless the list identifies the election or referendum for which a ballot paper was issued..]

17.  At the end of paragraph (1) of rule 42 (adjournment of poll in case of riot) there shall be inserted “who discharges the functions specified in regulation 5 of the Combination of Polls Regulations”.E+W

Commencement Information

I17Sch. 2 para. 17 in force at 23.3.2004, see reg. 1(1)

18.  In paragraph (1) of rule 43(7) (procedure on close of poll), after the words “polling agents”, in the first place where they occur, insert “appointed for the purposes of the parliamentary election and for each relevant election or referendum”.E+W

Commencement Information

I18Sch. 2 para. 18 in force at 23.3.2004, see reg. 1(1)

19.  After paragraph (1) of rule 43 (procedure on close of poll) there shall be inserted the following paragraphs—E+W

(1A) The contents of the packets referred to in sub-paragraphs (b), (c) [F22, (db)] and (e) of paragraph (1) above shall not be combined with the contents of packets made under the corresponding rule that applies at each relevant election or referendum; nor shall the statement prepared under paragraph (3) below be so combined.

(1B) References to the returning officer in paragraph (1) above are references to the returning officer who discharges the functions specified in Regulation 5 of the Combination of Polls Regulations.

Textual Amendments

Commencement Information

I19Sch. 2 para. 19 in force at 23.3.2004, see reg. 1(1)

20.  For paragraph (1) of rule 44 (attendance at counting of votes) there shall be substituted the following paragraphs—E+W

(1) Where the returning officer at the parliamentary election discharges the functions specified in Regulation 5 of the Combination of Polls Regulations, he shall—

(a)make arrangements for—

(i)discharging the functions under rule 45(1)(8) below (as substituted by Regulation 8 of those Regulations) in the presence of the counting agents appointed for the purposes of the parliamentary election and for each relevant election or referendum, as soon as practicable after the close of the poll; and

(ii)thereafter counting the votes at the parliamentary election in the presence of the counting agents appointed for the purposes of that election; and

(b)he shall give to those counting agents notice in writing of the time and place at which he will begin to discharge the functions under rule 45(1) below (as so substituted).

(1A) Where the returning officer at the parliamentary election does not discharge the functions specified in Regulation 5 of the Combination of Polls Regulations, he shall—

(a)make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the delivery of the ballot papers to him by the returning officer who does discharge those functions, and

(b)give to the counting agents notice in writing of the time after which he will begin to count the votes if by then he has received the ballot papers and of the place at which that count will take place.

(1B) No person other than a person entitled to be present at the counting of the votes at each relevant election or referendum may be present at the proceedings under rule 45(1) (as so substituted).

Commencement Information

I20Sch. 2 para. 20 in force at 23.3.2004, see reg. 1(1)

21.  In paragraph (3) of rule 44 (attendance at counting of votes) before the words “counting of votes”, in the first place where they occur, there shall be inserted the words “proceedings under rule 45(1) below (as so substituted) or the” and before the words “the efficient” there shall be inserted the words “the efficient separating of the ballot papers or, as the case may be”.E+W

Commencement Information

I21Sch. 2 para. 21 in force at 23.3.2004, see reg. 1(1)

22.  For paragraphs (1) to (1A) of rule 45 (the count) there shall be substituted the following paragraphs—E+W

(1) Where the returning officer at the parliamentary election discharges the functions specified in Regulation 5 of the Combination of Polls Regulations, he shall—

(a)in the presence of the counting agents appointed for the purposes of the parliamentary election and each relevant election or referendum, open each ballot box and record separately the number of ballot papers used in each election or referendum;

(b)in the presence of the election agents appointed for the purposes of the parliamentary election and each relevant election or referendum verify each ballot paper account;

(c)count such of the postal ballot papers as have been duly returned and record separately the number counted at each relevant election or referendum;

(d)separate the ballot papers relating to the parliamentary election from the ballot papers relating to each relevant election or referendum;

(e)make up into packets the ballot papers for each relevant election or referendum and seal them up in separate containers endorsing on each a description of the area to which the ballot papers relate; and

(f)deliver or cause to be delivered to the returning officer at the relevant election or referendum to which the ballot papers relate—

(i)those containers, together with a list of them and of the contents of each;

(ii)the ballot paper accounts together with a copy of the statement as to the result of their verification in respect of that election or referendum; and

(g)at the same time deliver or cause to be delivered to that officer packets that so relate containing—

(i)the unused and spoilt ballot papers,

(ii)the tendered ballot papers, and

(iii)the [F23completed corresponding number lists] of the used ballot papers and the certificates as to employment on duty on the day of the poll.

(1AA) Where separate ballot boxes have been used, no vote for any candidate shall be rendered invalid by the ballot paper being placed in the ballot box used at any relevant election or referendum.

[F24(1AB)  The returning officer shall count the votes given on the ballot papers used at the parliamentary election, but shall not count—

(a)the votes given on postal ballot papers until the proceedings under paragraph (1)(c) and (d) above have been completed in relation to those papers and they have been mixed with the ballot papers from at least one ballot box; or

(b)the votes given on ballot papers from a ballot box until the proceedings under paragraph (1)(a), (b) and (d) have been completed in relation to those papers and they have been mixed with the ballot papers from at least one other box.]

(1AC) Where the returning officer at the parliamentary election does not discharge the functions specified in Regulation 5 of the Combination of Polls Regulations, he shall—

(a)on receipt of containers from the returning officer who does discharge those functions, and after the time specified in the notice given under rule 44(1A) above (as substituted by Regulation 8 of those Regulations) in the presence of the counting agents open each container;

(b)where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at a relevant election or referendum under regulation 65 of the 2001 Regulations (including that regulation as applied by regulations made under sections [F259HE and 105, 9MG and 105 or 44 and 105] of the Local Government Act 2000(9), count such of the postal ballot papers as have been duly returned and record the number counted; and

[F26(c)count the votes given on the ballot papers, but shall not count—

(i)the votes given on postal ballot papers until they have been mixed with the ballot papers from at least one ballot box; or

(ii)the votes given on ballot papers from a ballot box until they have been mixed with the ballot papers from at least one other ballot box.]

Paragraph (5) below does not apply to these proceedings.

23.  In paragraph (1B) of rule 45 (the count) the reference to the constituency shall be construed as a reference to—E+W

(a)the area in the parliamentary constituency common to the local counting area, electoral area or voting area (as the case may be) in which the polls at the parliamentary election and a relevant election or referendum are being taken together; and

(b)in respect of which polls the voter has been issued with a postal ballot paper.

Commencement Information

I23Sch. 2 para. 23 in force at 23.3.2004, see reg. 1(1)

24.  In paragraph (6) of rule 45 (the count) omit the words “, in so far as he and the agents agree,” and the words from “For the purposes” to the end.E+W

Commencement Information

I24Sch. 2 para. 24 in force at 23.3.2004, see reg. 1(1)

[F2724A.  In rule 50 (declaration of result), after paragraph (2) insert—E+W

(3) But the returning officer shall not declare a candidate to be elected under paragraph (1) or (2)—

(a)in a case where the returning officer discharges the functions specified in Regulation 5 of the Combination of Polls Regulations, until after the returning officer has completed proceedings under rule 45(1) (as substituted by Regulation 8 of those Regulations);

(b)in a case where the returning officer does not discharge the functions specified in Regulation 5 of the Combination of Polls Regulations, until after proceedings corresponding to those mentioned in sub-paragraph (a) have been completed by the returning officer who does discharge those functions (“the other returning officer”).

(4) The corresponding proceedings referred to in paragraph (3)(b) are proceedings under provision corresponding to rule 45(1) (as substituted by Regulation 8 of the Combination of Polls Regulations) made by or under any enactment in relation to the election or referendum at which the other returning officer has functions.]

[F2825.  For paragraph (2) of rule 54 (sealing up of ballot papers) substitute—E+W

(2) The returning officer shall not open the sealed packets of—

(a)tendered ballot papers, F29...

[F30(aa)the completed ballot paper refusal list, or]

(b)certificates as to employment on duty on the day of the poll.

(3) Where he is the returning officer who discharges the functions referred to in regulation 5 of the Combination of Polls Regulations, the returning officer shall not open the sealed packets of—

(a)the completed corresponding number lists, or

(b)marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of this Act) and lists of proxies..]

Textual Amendments

Commencement Information

I25Sch. 2 para. 25 in force at 23.3.2004, see reg. 1(1)

26.  At the end of paragraph (1) of rule 55(10) (delivery of documents to the [F31registration officer]) there shall be inserted—E+W

  • At an election where the returning officer does not discharge the functions referred to in Regulation 5 of the Combination of Polls Regulations, this paragraph shall have effect as if sub-paragraphs (c) [F32, (ca)] and (e) were omitted.

Textual Amendments

Commencement Information

I26Sch. 2 para. 26 in force at 23.3.2004, see reg. 1(1)

[F3327.  In rule 60 (death of independent candidate) after paragraph (5) insert—E+W

(6) Neither the countermand of the notice of poll at the parliamentary election nor the direction that that poll be abandoned shall affect the poll at each relevant election or referendum..]

Textual Amendments

Commencement Information

I27Sch. 2 para. 27 in force at 23.3.2004, see reg. 1(1)

[F3427A.(1) Rule 63 (death of party candidate) is modified as follows.E+W

(2) After paragraph (2) insert—

(2A) Neither the countermand of the notice of poll at the parliamentary election nor the direction that that poll be abandoned shall affect the poll at each relevant election or referendum..

(3) In paragraph (3) after “with reference to the” insert “parliamentary”.]

[F3427B.(1) Rule 64 (death of Speaker of the House of Commons seeking re-election) is modified as follows.E+W

(2) After paragraph (2) insert—

(2A) Neither the countermand of the notice of poll at the parliamentary election nor the direction that that poll be abandoned shall affect the poll at each relevant election or referendum..

(3) In paragraph (3) after “with reference to the” insert “parliamentary”.]

[F3427C.  For rule 65 (abandoned poll) substitute the following—E+W

65.(1) This rule applies to—

(a)a poll at a parliamentary election which is abandoned in pursuance of rule 60(4)(b) as if it were a poll at a contested election;

(b)a poll at a parliamentary election which is abandoned in pursuance of rule 63(2)(b) or 64(2)(b).

(2) No further ballot papers at the parliamentary election shall be issued in any polling station.

(3) At the close of poll for each relevant election or referendum the presiding officer at a polling station must take the like steps (so far as not already taken) for the delivery to the returning officer of ballot boxes and ballot papers and other documents as he would be required to do if the poll at the parliamentary election had not been abandoned.

(4) The returning officer must dispose of ballot papers used at the parliamentary election and other documents in his possession as he is required to do on the completion of the counting of votes.

(5) It is not necessary for a parliamentary ballot paper account to be prepared or verified.

(6) Having separated the ballot papers relating to each relevant election or referendum, the returning officer must take no step or further step for the counting of the ballot papers used at the parliamentary election or of the votes cast at the parliamentary election.

(7) The returning officer must seal up all the ballot papers used at the parliamentary election (whether the votes on them have been counted or not) and it is not necessary to seal up counted and rejected ballot papers in separate packets.

(8) The provisions of these rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at a parliamentary election apply subject to paragraphs (9) and (10).

(9) Ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers.

(10) No order is to be made for—

(a)the production or inspection of any ballot papers, or

(b)the opening of a sealed packet of the completed corresponding number list or of certificates as to employment on the day of the poll,

unless the order is made by a court with reference to a prosecution..]

[F3528.  In the Appendix of forms, for the form of directions for the guidance of voters in voting substitute the form of those directions as set out in the Appendix of Forms to this Schedule.]E+W

Textual Amendments

Commencement Information

I28Sch. 2 para. 28 in force at 23.3.2004, see reg. 1(1)

[F3629.[F37(1)] [F38Subject to sub-paragraph (2), in] the Appendix of forms, for the form of declaration to be made by the companion of a voter with disabilities substitute the form of that declaration in the Appendix of Forms to this Schedule.]

[F39(2) Sub-paragraph (1) does not apply where the poll at a parliamentary election is taken with—

(a)the poll at a local government election in Wales;

(b)the poll at a mayoral election in accordance with regulations made under section 44 and 105 of the 2000 Act.]

[F40APPENDIX OF FORMSE+W

[F41Form of directions for the guidance of the voters in voting]E+W

Textual Amendments

F41Sch. 2 Appendix Form of directions for the guidance of the voters in voting substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 37(d) (with reg. 1(6)(7))

[F42Form of declaration to be made by the companion of a voter with disabilities]]E+W

Textual Amendments

F42Sch. 2 Appendix Form of declaration to be made by the companion of a voter with disabilities substituted (29.12.2022) by The Assistance with Voting for Persons with Disabilities (Amendments) Regulations 2022 (S.I. 2022/1309), reg. 1(3), Sch. 1 (with reg. 1(4))

(1)

Subsection (2C) was inserted by paragraphs 1 and 3 of Schedule 3 to the Greater London Authority Act 1999 (c. 29).

(2)

Subsection (2) was amended and subsection (3), as originally enacted, was repealed by paragraph 7 of Schedule 4, and Schedule 5 to the Representation of the People Act 1985 (c. 50).

(3)

Rule 28 was amended by paragraph 6 of Part 1 of Schedule 2 to the Representation of the People Act 1985 (c. 50).

(4)

Paragraph (5) was amended by Schedule 22 to the Political Parties, Elections and Referendums Act 2000 (c. 41).

(5)

Rule 39 was substituted by section 13(1) and (2) of the Representation of the People Act 2000 (c. 2).

(6)

Rule 40 was amended by paragraph 7 of Part I of Schedule 2, and Schedule 5 to the Representation of the People Act 1985 (c. 50).

(7)

Rule 43 was amended by section 13(1) and (4) of the Representation of the People Act 2000 (c. 2).

(8)

Paragraphs (1) and (1A) were substituted for paragraph (1), as originally enacted, by paragraph 82 of Schedule 4 to the Representation of the People Act 1985 (c. 50).

(10)

Amended by section 13(1) and (4) of the Representation of the People Act 2000 (c. 2) and paragraph 57(1) and (6)(a) and (b) of Schedule 1 to S.I. 2001/1149.

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