Part 1

Police reform
CHAPTER 6

Police and crime commissioners: elections and vacancies

Disqualification

Disqualification from election as police and crime commissioner
64
1
A person is disqualified from being elected to the office of police and crime commissioner for a police area in England at any election unless—
a
the person has attained the age of 18 when nominated as a candidate at the election, and
b
on each relevant day, the person is registered in the register of local government electors for an electoral area in respect of an address in the police area.
1A
A person is disqualified from being elected to the office of police and crime commissioner for a police area in Wales at any election unless—
a
the person has attained the age of 18 when nominated as a candidate at the election, and
b
on each relevant day subsection (1B) or (1C) applies.
1B
This subsection applies if—
a
the person is registered in a register of parliamentary electors in respect of an address within the police area, and
b
the registration is not in pursuance of an overseas elector's declaration.
1C
This subsection applies if—
a
the person is disqualified as a peer from voting as an elector at parliamentary elections, or is a
qualifying EU citizen or an EU citizen with retained rights
, and
b
the person is registered in a register of local government electors in respect of an address within the police area.
2
In this section “relevant day”, in relation to a person who is a candidate at an election, means—
a
the day on which the person is nominated as a candidate at the election;
b
the day of the poll at the election.
3
A person is disqualified from being elected to the office of police and crime commissioner for a police area at an ordinary election if the person has been nominated as a candidate for election as police and crime commissioner for any other police area at that election.
3A
A person is disqualified from being elected to the office of police and crime commissioner for a police area at an ordinary election if the person—
a
has been nominated as a candidate for election as mayor for the area of a combined authority at an election to be held on the same day; and
b
by virtue of an order under section 107F(1) of the Local Democracy, Economic Development and Construction Act 2009, the mayor would exercise functions of a police and crime commissioner in relation to the area.
4
A person is disqualified from being elected to the office of police and crime commissioner for a police area at an election other than an ordinary election if—
a
the person is police and crime commissioner for any other police area, or
b
the person has been nominated as a candidate for election as police and crime commissioner for any other police area for which an election is held on the same day.
4A
A person is disqualified from being elected to the office of police and crime commissioner for a police area at an election other than an ordinary election if—
a
the person is a mayor who, by virtue of an order under section 107F(1) of the Local Democracy, Economic Development and Construction Act 2009, exercises functions of a police and crime commissioner for the area of a combined authority; or
b
the person has been nominated as a candidate for election as a mayor who, by virtue of such an order, would exercise such functions and the election would take place on the same day.
S. 64 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)
Ss. 64-68: power to apply conferred by 2009 c. 20, Sch. 5C para. 9(1) (as inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)
S. 64 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 29
S. 64(3A) inserted (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), arts. 1(2), 10(3)(a)
S. 64(4A) inserted (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), arts. 1(2), 10(3)(b)
S. 64(1A)-(1C) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 8(11), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)
Words in s. 64(1) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 8(10), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)
Pt. 1 applied (with modifications) (10.5.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(4), 35(1) (with art. 35(3), Sch. 6)
S. 64(3)(4) modified (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 33(2), Sch. 5 para. 29
Words in s. 64(1C)(a) substituted (1.11.2023 for specified purposes, 7.5.2024 in so far as not already in force) by Elections Act 2022 (c. 37), s. 67(1), Sch. 8 para. 6(4); S.I. 2023/1145, regs. 3(i)(iv), 5(b)