The Combined Authorities (Mayoral Elections) Order 2017 (Amendment) Regulations 2024

Schedule 2 (modifications of Acts and statutory instruments)

12.—(1) Schedule 2 (modifications of Acts and statutory instruments) is amended as follows.

(2) In paragraph 1 (the Representation of the People Act 1983)—

(a) in sub-paragraphs (1) to (3) for “combined authority” in each places those words occur substitute “CA/CCA”;

(b) in sub-paragraph (4) in the modified subsection (1) for “combined authority” substitute “CA/CCA”;

(c) in sub-paragraph (5)—

(i) in the inserted paragraph 2D, after “council” in the first place it occurs, insert “of a combined authority”;

(ii) after the inserted paragraph 2F insert—

“(2FA) Where, in relation to an area within the area of the combined county authority, there is a unitary county council or a unitary district council, that council must appoint an officer of the council to be the returning officer for the election of a combined county authority mayor.

(2FB) Where, in relation to an area within the area of the combined county authority, there is both a district council and a county council, the district council must appoint an officer of the council to be the returning officer for the election of a combined county authority mayor.”;

(d) in sub-paragraph (6)—

(i) in paragraph (a), at the end insert “or combined county authority mayor”;

(ii) in paragraph (b), after the inserted subsection (4C) insert—

“(4D) All expenditure properly incurred by a returning officer or a combined county authority returning officer in relation to the holding of a combined county authority mayoral election must, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the combined county authority, exceed that scale, be paid by the combined county authority.”;

(iii) in paragraph (c), in the modified subsection (6B)—

(aa) for “combined authority” in the first place where those words occur substitute “CA/CCA”;

(bb) at the end, insert “or to the combined county authority, as the case may be”;

(e) in sub-paragraph (7)—

(i) in paragraphs (a) and (b), for “combined authority” substitute “CA/CCA”;

(ii) for paragraph (c), substitute—

“(c) in subsection (5) for paragraph (a) there were substituted—

“(a) rules under—

(i) section 36 or section 36A above,

(ii) in the case of a combined authority mayoral election, an order under paragraph 12 of Schedule 5B to the 2009 Act, or

(iii) in the case of a combined county authority mayoral election, regulations made under paragraph 12 of Schedule 2 to the 2023 Act,

relating to the notice to be given of an election and the manner in which an election is to be conducted apply in relation to the election so ordered to be held as they applied or would have applied in relation to the election which has not been duly held or has failed or become void;”;”;

(iii) in paragraph (d)(i), after “Schedule 5B to that Act)” insert “or Chapter 1 of Part 2 of the 2023 Act (and the regulations made under paragraph 12 of Schedule 2 to that Act)”;

(f) in sub-paragraph (8)—

(i) in paragraph (a), after “2009 Act” insert “or regulations made under paragraph 3 or paragraph 12 of Schedule 2 to the 2023 Act”,

(ii) in paragraph (b), after “2009 Act” insert “and (in the case of a combined county authority mayoral election) paragraph 2 or regulations made under paragraph 3 or paragraph 12 of Schedule 2 to the 2023 Act”,

(iii) in paragraph (c)(i), after “Act” insert “or an order under paragraph 3 or paragraph 12 of Schedule 2 to the 2023 Act”;

(g) in sub-paragraph (10)(b), after “2009 Act” insert “or Chapter 1 of Part 2 of the 2023 Act”;

(h) in sub-paragraph (11), after “Act” insert “or regulations made under paragraph 12 of Schedule 2 to the 2023 Act”;

(i) in sub-paragraph (12)(a)—

(i) for “combined authority” substitute “CA/CCA”;

(ii) after “Act” in the second place it occurs insert “or regulations under paragraph 12 of Schedule 2 to the 2023 Act”;

(j) in sub-paragraphs (13) and (14) for “combined authority” substitute “CA/CCA”;

(k) in sub-paragraph (14A)—

(i) in paragraph (a)—

(aa) for the modified subsection (5A), substitute—

“(5A) Where this subsection applies, a report prepared in accordance with subsection (4) must also include the effect—

(a) in the case of a combined authority, of the combined authority mayoral election corresponding requirements on applications made under the provisions of rules made under paragraph 12 of Schedule 5B to the 2009 Act,

(b) in the case of a combined county authority, of the combined county authority mayoral election corresponding requirements on applications made under the provisions of rules made under paragraph 12 of Schedule 2 to the 2023 Act,

corresponding to rules 37(1), 38(1), 39(1) and 40(1) of the parliamentary elections rules.”,

(bb) in the modified subsection (5B), for “combined authority” substitute “CA/CCA”;

(cc) for the modified subsection (5C), substitute—

“(5C) In subsection (5A)—

(a) “combined authority mayoral election corresponding requirements” means the requirements corresponding to the voter identification requirements that have effect in relation to combined authority mayoral elections by virtue of rules made under paragraph 12 of Schedule 5B to the 2009 Act;

(b) “combined county authority mayoral election corresponding requirements” means the requirement corresponding to the voter identification requirements that have effect in relation to combined county authority mayoral elections by virtue of rules made under paragraph 12 of Schedule 2 to the 2023 Act.”;

(ii) in paragraph (b), for the modified paragraph (c) in subsection (6) substitute—

“(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—

(i) in relation to combined authorities, made under paragraph 12 of Schedule 5B to the 2009 Act,

(ii) in relation to combined county authorities, made under paragraph 12 of Schedule 2 to the 2023 Act,

corresponding to rule 40B of the parliamentary elections rules.”;

(l) in sub-paragraph (15)—

(i) in paragraphs (a) and (b), in the modified subsections (2B) and (3AA), for “combined authority” substitute “CA/CCA”;

(ii) in paragraph (c), omit “Combined Authority”;

(m) in sub-paragraph (16), in the modified paragraph (ab), omit “Combined Authority”;

(n) in sub-paragraph (17)—

(i) in paragraph (a), after “2009 Act,” insert “or, in the case of a combined county authority mayoral election, such of the provisions of this Act as are applied by regulations made under paragraph 12 of Schedule 2 to the 2023 Act,”;

(ii) in paragraph (b), for “combined authority” substitute “CA/CCA”;

(iii) in paragraph (c), in the modified paragraph (c), for “combined authority” substitute “CA/CCA”;

(o) in sub-paragraph (18)(a), for “combined authority” substitute “CA/CCA”;

(p) in sub-paragraph (19), after the modified paragraph (c) insert—

“(d) of an election agent for a combined county authority mayoral election must be within the combined county authority area for which the election of the combined county authority mayor is held, and that of a sub-agent must be in the area within which that sub-agent is appointed to act”;

(q) in sub-paragraph (20)—

(i) in paragraph (a), for “combined authority” substitute “CA/CCA”;

(ii) in paragraph (b), in the modified subsection (7A), omit “Combined Authority”;

(r) in sub-paragraph (21), in the inserted modified subsection (2)—

(i) for “£2,362” substitute “£3,040”,

(ii) for “5.9p” substitute “8p”;

(s) in sub-paragraph (23)—

(i) in paragraph (a), for “combined county” substitute “CA/CCA”;

(ii) in paragraph (b), after “mayor” insert “or, as the case may be, the combined county authority mayor”;

(t) in sub-paragraph (24), for “combined authority” substitute “CA/CCA”;

(u) in sub-paragraph (25)—

(i) in paragraph (a) after “Act” insert “, or regulations made under paragraph 12 of Schedule 2 to the 2023 Act”;

(ii) in paragraph (b), after “order” insert “or regulations”;

(v) in each of sub-paragraphs (26) and (27), after “Act” each time that word occurs, insert “, or regulations made under paragraph 12 of Schedule 2 to the 2023 Act”;

(w) in sub-paragraph (28), after “Act” insert “, or regulations made under paragraph 12 of Schedule 2 to the 2023 Act”;

(x) in sub-paragraph (29)—

(i) for “or” substitute “,”;

(ii) after “2009 Act” insert “or at an election for a combined county authority mayor under the 2023 Act”;

(y) in sub-paragraph (30), after the inserted paragraph (ba) insert—

“(bb) in the case of an election for a combined county authority mayor under the 2023 Act, must have printed at the top of the list of candidates the words “Vote (x) for one candidate only”.”;

(z) in sub-paragraph (31)—

(i) in paragraph (a), after the inserted definition of “the 2009 Act” insert—

““the 2023 Act” means the Levelling-up and Regeneration Act 2023;”;

(ii) in paragraph (b), after the inserted definition of the “combined authority returning officer” insert—

““CA/CCA mayoral election” means a combined authority mayoral election or, as the case may be, a combined county authority mayoral election;

“combined county authority” means an authority established under section 9 of the 2023 Act;

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

“combined county authority returning officer” has the same meaning as in article 2 of the Combined Authorities (Mayoral Elections) Order 2017;”;

(iii) in paragraph (c), after inserted sub-paragraph (d) insert—

“(e) the combined county authority area for which the election of a combined county authority mayor is held under the 2023 Act;”;

(iv) in paragraph (d), in the inserted paragraph (c), for “combined authority” substitute “CA/CCA”;

(v) in paragraph (e), for “combined authority” substitute “CA/CCA”.

(3) In paragraph 2 (Representation of the People Act 1985) for “combined authority” in both places where those words occur substitute “CA/CCA”.

(4) In paragraph 3 (Representation of the People Act 2000)—

(a) in sub-paragraph (1), for “combined authority” substitute “CA/CCA”;

(b) in sub-paragraph (1A)—

(i) for paragraphs (a) and (b) substitute—

“(a) in subsections (2) and (7)(a), for “Representation of the People Acts” in both places where those words occur, there were substituted—

(i) “Local Democracy, Economic Development and Construction Act 2009” in the case of a combined authority mayoral election, and

(ii) “Levelling-up and Regeneration Act 2023” in the case of a combined county authority mayoral election;”;

(ii) in paragraph (c), after the inserted sub-paragraph (iii) insert—

“(iv) a combined county authority established by regulations made under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023”;

(c) in sub-paragraph (1B)—

(i) in paragraphs (a) and (b), after “area”, in the second place it occurs, insert “or, as the case may be, combined county authority area”;

(ii) in paragraph (c), after “elections)” insert “or regulations made under paragraph 12 of Schedule 2 to the Levelling-up and Regeneration Act 2023 (mayors for combined county authority areas: further provision about elections)”;

(d) in sub-paragraph (2)—

(i) in paragraph (a)—

(aa) in sub-paragraph (i) in the inserted paragraph (c) for “combined authority mayoral election, the Combined Authority” substitute “CA/CCA mayoral election, the”

(bb) for sub-paragraph (ii) there were substituted—

“(ii) after that definition, there were inserted the following definitions—

“CA/CCA mayoral election” means a combined authority mayoral election or, as the case may be combined county authority mayoral election;

“combined authority mayoral election” means an election of a mayor for a combined authority in accordance with Part 6 of the Local Democracy, Economic Development and Construction Act 2009;

“combined county authority mayoral election” means an election for a mayor for a combined county authority in accordance with Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023;”;

(cc) in sub-paragraph (iii), for “combined authority” substitute “CA/CCA”;

(ii) in paragraphs (b) and (c) omit “Combined Authority”.

(5) In paragraph 4 (the Political Parties, Elections and Referendums Act 2000)—

(a) in sub-paragraph (1), for “combined authority” substitute “CA/CCA”;

(b) in sub-paragraph (2)—

(i) in paragraph (a), after the inserted sub-paragraph (2A) insert—

“(2B) “Combined county authority” means a combined county authority established by regulations made under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023.”;

(ii) in each of paragraphs (b) and (c), after “combined authority” insert “or, as the case may be, a combined county authority”;

(iii) in paragraph (d), after the inserted paragraph (d) insert—

“(e) if the holder of a relevant elective office is a mayor of a combined county authority, the combined county authority of which that person is the mayor.”;

(c) in sub-paragraph (3)—

(i) in paragraph (a), after the inserted sub-paragraph (2A) insert—

“(2B) “Combined county authority” means a combined county authority established by regulations made under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023.”;

(ii) in paragraph (b), after the inserted paragraph (d) insert—

“(e) if the holder of a relevant elective office is a mayor of a combined county authority, the combined county authority of which he is the mayor.”.

(6) In paragraph 5 (the Representation of the People (England and Wales) Regulations 2001)—

(a) in sub-paragraph (1), for “combined authority” insert “CA/CCA”;

(b) in sub-paragraph (2)—

(i) in paragraph (a), in the inserted sub-paragraph (c), after “authority” insert “or a combined county authority”;

(ii) in paragraph (b), in the inserted paragraph (5), after “2009” insert “and an election for a mayor for a combined county authority under regulations made under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023”;

(c) in sub-paragraph (4), in the inserted definition of “candidate”, after “2009” insert “and a candidate at a combined county authority mayoral election under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023”;

(d) in sub-paragraph (6), for “combined authority” substitute “CA/CCA”;

(e) in sub-paragraph (6A), omit “Combined Authority”;

(f) in sub-paragraph (7)—

(i) in paragraph (a), after the inserted sub-paragraph (h) insert—

“(i) the mayor for the area of a combined county authority by virtue of regulations made under section 27(1) of the Levelling-up and Regeneration Act 2023 where the registration area falls wholly or partly within the area of the combined county authority”;

(ii) in paragraph (b), after the inserted sub-paragraph (h) insert—

“(i) in the case of a mayor falling within paragraph (1)(i) above, is so much of them as relates to any part of the area of the combined county authority for which that mayor is elected as falls within the registration area.”.

(7) In paragraph 6 (the Electoral Administration Act 2006)—

(a) in sub-paragraph (1), for “combined authority” substitute “CA/CCA”;

(b) in sub-paragraph (2)—

(i) in paragraph (a), after “combined authority” insert “or, as the case may be “combined county authority”;

(ii) in paragraph (b), after “combined authority’s” insert “or, as the case may be “combined county authority’s”;

(c) in sub-paragraph (4), after the inserted paragraph (g) insert—

“(h) elections for mayors for combined county authorities under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023”.