The Representation of the People (Overseas Electors etc.) (Amendment) Regulations 2023

Transitional provision for certain elections countermanded or abandoned etc. and re-run on or after 7th May 2024

17.—(1) This regulation applies where—

(a) the date of poll for a relevant election is on or before 6th May 2024,

(b) an election is ordered to be held under section 39 of the Representation of the People Act 1983 (local elections void etc in England and Wales)(1) (“the re-run election”) as a result of the election referred to in sub-paragraph (a) having not been duly held, or having failed, or having become void, and

(c) the date of poll for the re-run election is on or after 7th May 2024.

(2) In paragraph (1) “relevant election” means—

(a) a local government election within the meaning of section 203(1) of the Representation of the People Act 1983(2);

(b) a mayoral election within the meaning of regulation 2 of the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007(3);

(c) a combined authority mayoral election within the meaning of regulation 2 of the Combined Authorities (Mayoral Elections) Order 2017(4).

(3) For the purposes of the re-run election—

(a) the amendments made by paragraphs 3 to 5 of Schedule 8 to the Elections Act 2022 are to be disregarded when determining a candidate’s qualifications for election to and holding the office to which the re-run election relates;

(b) the appropriate prescribed candidate consent to nomination form applies as if, in the paragraph on the front of the form that begins “I declare that on the day of my nomination”, for “, a qualifying EU citizen, or an EU citizen with retained rights” there were substituted “or a citizen of a member State of the European Union”.

(4) In paragraph (3) “the appropriate prescribed candidate consent to nomination form” means (as the case may be)—

(a) the Form of Candidate’s Consent to Nomination in Part 7 of Schedule 2 or 3 to the Local Elections (Principal Areas) (England and Wales) Rules 2006(5),

(b) the Form of Candidate’s Consent to Nomination in Part 7 of Schedule 2 or 3 to the Local Elections (Parishes and Communities) (England and Wales) Rules 2006(6),

(c) Form 4 (candidates consent to nomination) in Schedule 10 to the Greater London Authority Elections Rules 2007(7),

(d) Form 2A (candidate’s consent to nomination for use at mayoral elections in England) in the Appendix of Forms in Schedule 1 or 3 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007, or

(e) Form 2 (candidate’s consent to nomination) in Part 9 of Schedule 1 or 3 to the Combined Authorities (Mayoral Elections) Order 2017.

(1)

Section 39 was amended by section 19 of, and paragraph 8 of Schedule 4 to, the Representation of the People Act 1985 (c. 50), by Part 1 of Schedule 9 and Schedule 17 to the Local Government Act 1985 (c. 51), by Part 1 of Schedule 13 to the Education Reform Act 1988 (c. 40) by paragraph 68(11) of Schedule 16 to the Local Government (Wales) Act 1994 (c. 19), by paragraph 6 of Schedule 3 to the Greater London Authority Act 1999 (c. 29) and by section 2(7) of the Local Government and Elections (Wales) Act 2021 (asc 1).

(2)

The definition of “local government election” was amended by paragraph 39(4) of Schedule 3 to the Greater London Authority Act 1999.

(3)

S.I. 2007/1024; relevant amending instruments are S.I. 2011/1043, 2019/351, 2022/769. See regulation 3(2) to (4) of, and Table 1 in Schedule 2 to, S.I. 2007/1024, the effect of which is that section 39 applies with modifications to mayoral elections.

(4)

S.I. 2017/67; relevant amending instruments are S.I. 2019/350, 2022/769. See article 3(2) to (4) of, and paragraph 1(7) of Schedule 2 to, S.I. 2017/67, the effect of which is that section 39 applies with modifications to combined authority mayoral elections.

(5)

S.I. 2006/3304; relevant amending instruments are S.I. 2018/308, 2022/600.

(6)

S.I. 2006/3305; relevant amending instruments are S.I. 2018/1309, 2022/600.

(7)

S.I. 2007/3541; relevant amending instruments are S.I. 2016/24, 2019/1426, 2022/600.