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The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007

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Regulation 3(2)&(4)

SCHEDULE 2E+WModifications of Acts and Statutory Instrument

This schedule has no associated Explanatory Memorandum

Modifications etc. (not altering text)

Commencement Information

I1Sch. 2 in force at 27.3.2007, see reg. 1(2)

Table 1

The Representation of the People Act 1983

(1)

Provision

(2)

Modification

Section 31 (polling districts and stations at local government elections)(1)

In subsection (1)—

(a)

after “county councillors” insert “or elected mayors of county councils,” and

(b)

after “district councillors”, insert “or elected mayors of London borough or district councils”.

In subsection (1A), after “county borough councillors”, insert “or elected mayors of county or county borough councils,”.

Section 35 (returning officers: local elections in England and Wales)(2)

In subsection (1)—

(a)

after “councillors of the county”, insert “and elected mayors of the county council”; and

(b)

after “councillors of the district”, insert “and elected mayors of the district council”.

In subsection (1A), in paragraph (a), after “councillors of the county or county borough”, insert “and elected mayors of the county or county borough council”.

In subsection (3), after “London borough councillors”, insert “or the election of an elected mayor of a London borough council”.
[F1Section 36 (local elections in England)

In subsection (3) in paragraph (a), after “such a councillor,” insert “or the election of an elected mayor of a district council”.

In subsection (3AC), in paragraph (a), after “such a councillor”, insert “or the election of an elected mayor of the council of a county in England in which there are no district councils”.

In subsection (4), after “a London borough)” insert “or the election of an elected mayor of the council of such an area,”.

In subsection (6), after “England”, insert “or at an election of an elected mayor of the council of any such area,”.]

[F1Section 39 (local elections void etc in England and Wales)

In subsection (2), after “other reason”, insert “a mayoral election or”.

In subsection (5), in paragraph (a), after “section 36 or section 36A above”, insert “or, in the case of a mayoral election, regulations under section 9HE of the 2000 Act,”.

In subsection (6), in paragraph (a)—

(a)

in sub-paragraph (i), after “section 36A)” insert “or under Part 1A of the 2000 Act (and the regulations under section 9HE of that Act)”, and

(b)

omit “, or, as the case may be, the district council, or Welsh county or county borough council,”.]

Section 40 (timing as to local elections in England and Wales)(3)

In subsection (1), after “the 1999 Act”, insert “or [F2regulations under section 9HE or 44] of the 2000 Act”.

In subsection (2), after “the 1999 Act” insert “and (in the case of a mayoral election) [F2regulations under section 9HE or 44] of the 2000 Act”.

In subsection (3)—

(a)

after “section 36 above”, insert “or [F2regulations under section 9HE or 44] of the 2000 Act”; and

(b)

after “such rules” (in both places) and “those rules”, insert “or regulations (as the case may be)”.

F3. . .F3. .
Section 47 (loan of equipment for local elections)(4)

In subsection (2)—

(a)

omit paragraph (b); and

(b)

for “those Acts”, substitute “that Act or [F4Part 1A or] Part II of the 2000 Act”.

Section 48 (validity of local elections and legal costs)

In subsection (1), after “section 42 above”, insert “or [F2regulations under section 9HE or 44] of the 2000 Act”.

Section 50 (effect of misdescription)

In paragraph (c)—

(a)

after “this Part of this Act”, insert “(as applied for the purposes of mayoral elections), and [F2regulations under section 9HE or 44] of the 2000 Act”; and

(b)

omit “and the parliamentary elections rules,”.

Section 52 (discharge of registration duties)(5)

In subsections (1) and (4), after “this Act”, insert “(including any such functions in relation to mayoral elections)”.

Section 54 (payment of expenses of registration)(6)

In subsection (1) after “this Act”, at the first place where these words appear, insert “(including any such functions in relation to mayoral elections)”.

[F5Section 59A (reports on voter identification requirements in Great Britain)

After subsection (5) insert—

“(5A) Where this subsection applies, a report prepared in accordance with subsection (4) must also include the effect of the mayoral election corresponding requirements on applications made under the provisions of rules made under section 9HE of the Local Government Act 2000 corresponding to rules 37(1), 38(1), 39(1) and 40(1) of the parliamentary elections rules.

(5B) Subsection (5A) applies in respect of an election of a local authority mayor where—

(a)the day of poll for that election is the same day as the poll for the ordinary elections of councillors described in subsection (4),

(b)the election relates to a local government area to which the duty in subsection (4) otherwise applies, and

(c)the timing of that election is determined in accordance with regulations 3, 4 or 7 of the Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) Regulations 2012 (timing of elections of mayors other than elections resulting from casual vacancies).

(5C) In subsection (5A), “mayoral election corresponding requirements” means the requirements corresponding to the voter identification requirements that have effect in relation to mayoral elections in England by virtue of rules made under section 9HE of the Local Government Act 2000.”.

In subsection (6), after paragraph (b) insert—

“(c)in the case of a report under subsection (4) to which subsection (5A) applies, information provided to the Secretary of State under any provision of rules made under section 9HE of the Local Government Act 2000 corresponding to rule 40B of the parliamentary elections rules.”]

Section 61 (other voting offences)(7)

In subsection (2), in paragraph (a)—

(a)

in sub-paragraph (ii), after “councillors” insert “or a mayoral election”; and

(b)

in sub-paragraph (iii), after “ordinary election”, insert “or mayoral election”.

In subsection (3) in paragraph (a) (ii) after “councillors”, insert “or at a mayoral election”.

In subsection (6A)(8), for “rule 40 (1ZC) or (1ZE) of the parliamentary elections rules”, substitute “rule 40 (4) or (6) of the Mayoral Elections Rules”.

Section 67 (appointment of election agent)(9)

In subsection (2)—

(a)

after “this Act”, where it first appears, insert “or, in the case of a mayoral election, such of the provisions of this Act as are applied by [F2regulations under section 9HE or 44] of the 2000 Act,”; and

(b)

after “this Act”, in the second place, insert “or, in the case of a mayoral election, any applicable provision of this Act,”.

Section 76 (limitation of election expenses)(10)

[F6For subsection (2) substitute—

“(2) That maximum amount is—

(a)for mayoral elections in England, £3,040 together with an additional 8p for every entry in the register of electors to be used at the election;

(b)for mayoral elections in Wales, £2,362 together with an additional 5.9p for every entry in the register of electors to be used at the election.”.]

Section 85 (penalty for “sitting or voting” where no return and declarations transmitted)(11)

Omit subsection (2).
Section 85A (disqualification where no return and declarations transmitted after election of Mayor of London)(12)

In subsection (1)—

(a)

for “an election of the Mayor of London” substitute “a mayoral election”; and

(b)

for “Mayor of London”, in the second place, substitute “elected mayor”.

Section 87A (duty of appropriate officer to forward returns and declarations to Electoral Commission).

In subsection (1) after paragraph (b) insert “or, (c) a mayoral election”.
Section 94 (imitation of poll cards)(13)

In subsection (2)—

(a)

after “section 36” insert “above, or regulations made under section 44 of the 2000 Act”; and

(b)

after “the rules”, insert “or, as the case may be, the regulations”.

Section 96 (schools and rooms for local election meetings)(14)

In subsection (1), after “section 36”, insert “above, or regulations made under section 44 of the 2000 Act”.

Section 97 (disturbances at election meetings)(15)

In subsection (2), in paragraph (b), after “section 36”, insert “above, or regulations made under section 44 of the 2000 Act”.

Section 99 (officials not to act for candidates)

In subsection (1), in paragraph (b), after “section 36”, insert “above, or regulations made under section 44 of the 2000 Act”.

Section 118A (meaning of candidate)(16)

In subsection (3), after “local government Act”, insert “or at an election for a mayor under the 2000 Act”.

Section 199B (translation of certain documents)(17)

[F7In subsection (6), insert after paragraph (b)—

“(ba)[F8“In the case of a mayoral election in Wales] in the case of an election for a mayor under the 2000 Act, must have printed at the top of the list of candidates the words “Vote (x) for one candidate only” if there are only two candidates, or the words “Vote once (x) in column 1 for your first choice, and Vote once (x) in column 2 for your second choice” if there are more than two candidates;”.”].

Section 203 (local government provisions as to England and Wales)(18)

In subsection (1)—

(a)

after the definition of “the 1999 Act”, insert, ““the 2000 Act” means the Local Government Act 2000;”

(b)

in the definition of “local government election”, at the end of paragraph (b), insert “or (c) any mayoral election;” and

(c)

after the definition of “London member”, insert—

““mayoral election” means the election of an elected mayor under [F9Part 1A or] Part II of the 2000 Act.”.

In subsection (1A), at the end, insert “or a mayoral election”.

In subsection (2), in paragraph (b), after “Authority elections”, insert “or mayoral elections”.

Table 2

The Representation of the People Act 1985(19)
Section 15 (combination of polls at parliamentary F10... and local elections)

[F11In subsection (1), at the end of paragraph (b), insert—

“or,

(d)a mayoral election and an election of one or more of the descriptions specified in paragraph (b),”].

Omit [F12subsection (5)].

Table 3

The Representation of the People Act 2000(20)

[F13Section 10 (pilot schemes for local elections in England and Wales)In subsection (2), for “Representation of the People Acts” substitute “Local Government Act 2000”.
In subsection (7), in paragraph (a) for “Representation of the People Acts” substitute “Local Government Act 2000”.
Section 11 (revision of procedures in the light of pilot schemes)In subsection (6) for “Rules made under section 36 of the 1983 Act (local election in England and Wales)” substitute “Regulations made under section 9HE or 44 (power to make provision about elections) of the Local Government Act 2000”.]
Schedule 4 (absent voting in Great Britain)

In paragraph 1, in sub-paragraph (1)—

(a)

in the definition of “the appropriate rules”, at the end of paragraph (b), insert “and (c) in the case of a mayoral election, the Mayoral Elections Rules, within the meaning of the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007”;

(b)

in the definition of “local government election”, at the end insert “and includes a mayoral election”; and

(c)

after that definition, insert the following definition—

““mayoral election” means an election under [F2regulations under section 9HE or 44] of the Local Government Act 2000;”.

In paragraph 2, in sub-paragraph (6A)(21) for “rule 40(1ZC) or (1ZE) of the parliamentary elections rules”, substitute “rule 40(4) or (6) of the Mayoral Elections Rules”.

In paragraph 7, in sub-paragraph (10)(22) for “rule 40(1ZC) or (1ZE) of the parliamentary elections rules”, substitute “rule 40(4) or (6) of the Mayoral Elections Rules”.

Table 4

The Representation of The People (England and Wales) Regulations 2001(23)

Regulation 3 (interpretation)

At the end of paragraph (2)(b) insert—

“, or

(c)the corresponding rule in the regulations made under section 44 of the 2000 Act in the case of a mayoral election.”.

At the end of paragraph (4), insert—

“(5) A reference in these Regulations to a local government election shall, except in paragraph (2)(b) above, include a mayoral election under [F14Part 1A or] Part 2 of the 2000 Act.”

Regulation 50 (interpretation of Part 4)

At the end of the definition of “Schedule 4” insert “as modified by Schedule 2 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007.”

Regulation 64 (interpretation of Part 5)

At the appropriate place, insert—

“candidates” includes a candidate at a mayoral election under [F15Part 1A or] Part 2 of the 2000 Act;”.

Regulation 65 (combination of polls)

[F16In paragraph (1), after sub-paragraph (b)] insert—

“, or

(c)subsection (3), (3AB) or (3AC), as modified by Schedule 2 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007,”.

[F17Regulation 82A (postal voting documents handed in to the returning officer)

In paragraph (1), in sub-paragraph (b), after paragraph (i) insert—

“(ia) rule 47(5)(a) of the Mayoral Elections rules.”.]

Table 5

The Electoral Administration Act 2006
Section 32 (photographs on ballot papers: piloting)

In subsection (10)—

(a)

in paragraph (a) in the definition of “local government election” at the end insert “and includes a mayoral election under regulations made under section 44 of the Local Government Act 2000”;

(b)

for paragraph (b) substitute—

“(b)a reference to the area of a local authority means a county, county borough, London borough or district.”.

Section 44 (access to other election documents: supplementary)

In paragraph (12), at the end insert “subject to modifications made by regulations made under section 44 of the 2000 Act.”.

Section 69 (encouraging electoral participation)

In paragraph (9) at the end, insert—

“(g)mayoral elections under regulations made under section 44 of the 2000 Act.”.

Textual Amendments

F1Words in Sch. 2 Table 1 substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 44(2) (with reg. 1(6)(7))

F5Words in Sch. 2 Table 1 inserted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 44(3) (with reg. 1(6)(7))

F16Words in Sch. 2 Table 4 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 5(3)(a)

F17Words in Sch. 2 Table 4 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 5(3)(b)

(1)

Subsection (1) of section 31 was amended by the Local Government Act 1985 (c.51), Schedule 17, and the Local Government (Wales) Act (c.19), Schedule 16. Subsection (1A) was inserted by the Local Government (Wales) Act 1994, Schedule 16.

(2)

Subsection (1) was amended, and subsection (1A) inserted, by the Local Government (Wales) Act 1994, Schedule 16.

(3)

Subsection (1) was amended by the Representation of the People Act 1985 (c.50), sections 16(2) and 19(1) and the Greater London Authority Act 1999, Schedule 3. Subsection (2) was amended by the Greater London Authority Act 1999, Schedule 3.

(4)

Subsection (1) was amended by S.I. 1991/1728, regulation 4.

(5)

Subsections (1) to (3) were amended, and subsection (4) substituted, by the Representation of the People Act 1985, Schedule 4, paragraph 12. Subsection (4) was amended by the Local Government (Wales) Act 1994, Schedule 16.

(6)

Subsections (1) and (3) were amended by the Representation of the People Act 1985, Schedule 4, paragraph 14.

(7)

Amended by the Representation of the People Act 1985, Schedules 2 and 5 and by the Greater London Authority Act 1999 (c.29), Schedule 3, paragraphs 1 and 10.

(8)

Subsection (6A) and rule 40 (1ZC) and (1ZE) were inserted by the Electoral Administration Act 2006 (c. 22), section 38.

(9)

Subsection (4) was amended by the Representation of the People Act 1985, Schedule 4, paragraph 20. There are other amendments not relevant to these Regulations.

(10)

Amended by the Political Parties and Representation of the People Act 2000, section 132.

(11)

Subsection (1) was amended, and subsection (3) substituted, by the Representation of the People Act 1985, Schedule 4. Subsection (2A) was inserted by the Greater London Authority Act 1999, Schedule 3, paragraph 25.

(12)

Inserted by the Greater London Authority Act 1999, Schedule 3, paragraph 25.

(13)

Amended by the Representation of the People Act 1985, Schedule 4.

(14)

Subsection (1) was amended by the Greater London Authority Act 1999, Schedule 3, paragraphs 1 and 29. Subsection (2) was amended by the Representation of the People Act 1985, Schedule 4. Subsection (4) was amended by the Police and Criminal Evidence Act 1984 (c.60), Schedule 7.

(15)

Subsection (2) was amended by the Representation of the People Act 1985, Schedule 4.

(16)

Section 118A was inserted by the Political Parties, Elections and Referendums Act 2000, section 135(2).

(17)

Section 199B was inserted by the Electoral Administration Act 2006, section 36.

(18)

Amended by the Greater London Authority Act 1999, Schedule 3, paragraphs 1 and 39.

(19)

1985 c.50.

(20)

2000 c.2.

(21)

Sub-paragraph (6A) of paragraph 2 was inserted by section 38(6)(a) of the Electoral Administration Act 2006 (c.22).

(22)

Sub-paragraph (10) of paragraph 7 was inserted by section 38(6)(b) of the Electoral Administration Act 2006 (c.22).

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