English Devolution and Community Empowerment Act 2026

Section 63

Schedule 30 E+W Mayors and PCCs: supplementary vote system

Prospective

Elections for the Mayor of London E+W

1 The GLAA 1999 is amended as follows.

Commencement Information

I1 Sch. 30 para. 1 not in force at Royal Assent, see s. 108(6)

2 (1) In section 4 (voting at ordinary elections)—

(a) in subsection (1)(a), after “vote” insert “(referred to in this Part as a mayoral vote)”;

(b) in subsection (2), after “system,” insert “, unless there are three or more candidates”;

(c) after subsection (2) insert—

“(3) If there are three or more candidates to be the Mayor—

(a) the Mayor is to be returned under the supplementary vote system in accordance with Part 1 of Schedule 2 to this Act, and

(b) a voter’s mayoral vote is accordingly a vote capable of being given to indicate the voter’s first and second preference from among the candidates.”

(2) In section 16 (filling a vacancy)—

(a) in subsection (3), after “one” insert “mayoral”;

(b) for subsection (4) substitute—

“(4) Section 4(2) and (3) of Part 1 of Schedule 2 to this Act apply in relation to the election as they apply in relation to the election of the Mayor at an ordinary election.”

(3) In section 29 (interpretation of Part 1), in the appropriate place insert—

• ““mayoral vote” has the meaning given by section 4(1)(a) (as read with subsection (3) of that section);”.

(4) In Schedule 2 (voting at elections), before Part 2 insert—

“Part 1 E+W Election of the Mayor

Application

1 This Part of this Schedule applies where there are three or more candidates to be the Mayor.

First preference vote and second preference vote

2 In this Schedule—

• “first preference vote” means a mayoral vote to the extent that it is given so as to indicate a voter’s first preference from among the candidates to be the Mayor;

• “second preference vote” means a mayoral vote to the extent that it is given so as to indicate a voter’s second preference from among the candidates to be the Mayor.

Candidate with overall majority of first preference votes

3 If one of the candidates to be the Mayor receives more than half of all the first preference votes given in the Assembly constituencies that candidate is to be returned as the Mayor.

No candidate with overall majority of first preference votes

4 (1) If none of the candidates to be the Mayor receives more than half of all the first preference votes given in the Assembly constituencies, the following provisions of this paragraph apply.

(2) The two candidates who received the greatest number of first preference votes given in the Assembly constituencies remain in the contest.

(3) If, by reason of an equality of first preference votes, three or more candidates are qualified to remain in the contest by virtue of sub-paragraph (2), all of them remain in the contest.

(4) The other candidates are eliminated from the contest.

(5) The number of second preference votes given in the Assembly constituencies for each of the candidates remaining in the contest by voters who did not give their first preference vote to any of those candidates must be ascertained.

(6) That number must be added to the number of first preference votes given for that candidate, to give the total number of preference votes for that candidate.

(7) The person who is to be returned as the Mayor is that one of the candidates remaining in the contest who has the greatest total number of preference votes.

(8) If, by reason of an equality of total number of preference votes, two or more candidates remaining in the contest each have the greatest total number of preference votes, the Greater London returning officer is to decide by lots which of them is to be returned as the Mayor.”

(5) In section 165 of the Representation of the People Act 1983 (avoidance of election for employing corrupt agent), after subsection (3) insert—

“(4) In the case of an election of the Mayor of London, a vote deemed in accordance with subsection (3) above to be thrown away is to be so deemed only to the extent that it is a vote given so as to indicate that the person who was under the incapacity is the voter’s first or second preference from among the candidates.”

Commencement Information

I2 Sch. 30 para. 2 not in force at Royal Assent, see s. 108(6)

Prospective

Elections for police and crime commissioners E+W

3 PRSRA 2011 is amended as follows.

Commencement Information

I3 Sch. 30 para. 3 not in force at Royal Assent, see s. 108(6)

4 In section 57 (voting at elections of police and crime commissioners)—

(a) in subsection (2), after “system” insert “, unless there are three or more candidates”;

(b) after subsection (2) insert—

“(3) If there are three or more candidates—

(a) the commissioner is to be returned under the supplementary vote system, and

(b) any vote in the election is accordingly a vote capable of being given to indicate the voter’s first and second preference from among the candidates.

(4) Schedule 9 (the supplementary vote system) has effect.”

Commencement Information

I4 Sch. 30 para. 4 not in force at Royal Assent, see s. 108(6)

5 After Schedule 8 insert—

section 57

“Schedule 9 E+W Supplementary vote system

Application

1 This Schedule applies to an election under Chapter 6 of Part 1 of a police and crime commissioner for a police area at which there are three or more candidates.

First preference vote and second preference vote

2 In this Schedule—

• “first preference vote” means a vote to the extent that it is given so as to indicate a first preference from among the candidates to be the police and crime commissioner;

• “second preference vote” means a vote to the extent that it is given so as to indicate a second preference from among the candidates to be the police and crime commissioner.

Candidate with overall majority of first preference votes

3 If one of the candidates to be the police and crime commissioner receives more than half of all the first preference votes given in the police area, that candidate is to be returned as the police and crime commissioner.

No candidate with overall majority of first preference votes

4 (1) If none of the candidates to be the police and crime commissioner receives more than half of all the first preference votes given in the police area, the following provisions of this paragraph apply.

(2) The two candidates who received the greatest number of first preference votes given in the police area remain in the contest.

(3) If, by reason of an equality of first preference votes, three or more candidates are qualified to remain in the contest by virtue of sub-paragraph (2), all of them remain in the contest.

(4) The other candidates are eliminated from the contest.

(5) The number of second preference votes given in the police area for each of the candidates remaining in the contest by votes which did not give a first preference vote to any of those candidates must be ascertained.

(6) That number must be added to the number of first preference votes given for that candidate, to give the total number of preference votes for that candidate.

(7) The person who is to be returned as the police and crime commissioner for the police area is that one of the candidates remaining in the contest who has the greatest total number of preference votes.

(8) If, by reason of an equality of total number of preference votes, two or more candidates remaining in the contest each have the greatest total number of preference votes, the police area returning officer must decide by lots which of them is to be returned as the police and crime commissioner.”

Commencement Information

I5 Sch. 30 para. 5 not in force at Royal Assent, see s. 108(6)

Prospective

Elections for local authority mayors in England E+W

6 The Local Government Act 2000 is amended as follows.

Commencement Information

I6 Sch. 30 para. 6 not in force at Royal Assent, see s. 108(6)

7 In section 9HC (voting at elections of elected mayors)—

(a) in subsection (1), for “which may be given for a candidate to be the elected mayor” substitute “(a “mayoral vote”)”;

(b) in subsection (2), after “system” insert “unless there are three or more candidates”;

(c) after subsection (2) insert—

“(3) If there are three or more candidates to be the elected mayor—

(a) the elected mayor is to be returned under the supplementary vote system in accordance with Schedule 1A, and

(b) a voter’s mayoral vote is accordingly a vote capable of being given to indicate the voter’s first and second preference from among the candidates.”

Commencement Information

I7 Sch. 30 para. 7 not in force at Royal Assent, see s. 108(6)

8 In section 9HD (entitlement to vote), in subsection (2), after “one” insert “mayoral”.

Commencement Information

I8 Sch. 30 para. 8 not in force at Royal Assent, see s. 108(6)

9 In section 9R (interpretation of Part 1A), in the appropriate place insert—

• ““mayoral vote” has the meaning given by section 9HC(1) (as read with subsection (3) of that section),”.

Commencement Information

I9 Sch. 30 para. 9 not in force at Royal Assent, see s. 108(6)

10 After Schedule 1 insert—

section 9HC

“Schedule 1A E+W Election of elected mayor (England)

Application

1 This Schedule applies where there are three or more candidates to be an elected mayor of a local authority in England.

First preference vote and second preference vote

2 In this Schedule—

• “first preference vote” means a mayoral vote to the extent that it is given so as to indicate a voter’s first preference from among the candidates to be the elected mayor;

• “second preference vote” means a mayoral vote to the extent that it is given so as to indicate a voter’s second preference from among the candidates to be the elected mayor.

Candidate with overall majority of first preference votes

3 If one of the candidates to be the elected mayor receives more than half of all the first preference votes given in the election that candidate is to be returned as the elected mayor.

No candidate with overall majority of first preference votes

4 (1) If none of the candidates to be the elected mayor receives more than half of all the first preference votes given in the election, the following provisions of this paragraph apply.

(2) The two candidates who received the greatest number of first preference votes given in the election remain in the contest.

(3) If, by reason of an equality of first preference votes, three or more candidates are qualified to remain in the contest by virtue of sub-paragraph (2), all of them remain in the contest.

(4) The other candidates are eliminated from the contest.

(5) The number of second preference votes given in the election for each of the candidates remaining in the contest by voters who did not give their first preference vote to any of those candidates must be ascertained.

(6) That number must be added to the number of first preference votes given for that candidate, to give the total number of preference votes for that candidate.

(7) The person who is to be returned as the elected mayor is that one of the candidates remaining in the contest who has the greatest total number of preference votes.

(8) If, by reason of an equality of total number of preference votes, two or more candidates remaining in the contest each have the greatest total number of preference votes, the returning officer is to decide by lots which of them is to be returned as the elected mayor.”

Commencement Information

I10 Sch. 30 para. 10 not in force at Royal Assent, see s. 108(6)

11 In Schedule 2 (Election of elected mayor), in the heading, after “mayor” insert “(Wales)”.

Commencement Information

I11 Sch. 30 para. 11 not in force at Royal Assent, see s. 108(6)

Elections for mayors of combined authorities E+W

12 Schedule 5B to LDEDCA 2009 (mayors for combined authorities: further provision) is amended as follows.

Commencement Information

I12 Sch. 30 para. 12 not in force at Royal Assent, see s. 108(6)

I13 Sch. 30 para. 12 in force at 18.6.2026 by S.I. 2026/656, reg. 2(b) (with reg. 3)

13 In paragraph 4—

(a) in sub-paragraph (1), for “which may be given for a candidate to be the mayor” substitute “(a “mayoral vote”)”;

(b) in sub-paragraph (2), after “system” insert “unless there are three or more candidates”;

(c) after sub-paragraph (2) insert—

“(3) If there are three or more candidates to be the mayor—

(a) the elected mayor is to be returned under the supplementary vote system in accordance with paragraph 5, and

(b) a voter’s mayoral vote is accordingly a vote capable of being given to indicate the voter’s first and second preference from among the candidates.”

Commencement Information

I14 Sch. 30 para. 13 not in force at Royal Assent, see s. 108(6)

I15 Sch. 30 para. 13 in force at 18.6.2026 by S.I. 2026/656, reg. 2(b) (with reg. 3)

14 After paragraph 4 insert—

“5 (1) This paragraph applies where there are three or more candidates to be a mayor.

(2) In this Schedule—

• “first preference vote” means a mayoral vote to the extent that it is given so as to indicate a voter’s first preference from among the candidates to be the mayor;

• “second preference vote” means a mayoral vote to the extent that it is given so as to indicate a voter’s second preference from among the candidates to be the mayor.

(3) If one of the candidates to be the mayor receives more than half of all the first preference votes given in the election that candidate is to be returned as the mayor.

(4) If none of the candidates to be the mayor receives more than half of all the first preference votes given in the election, the following provisions of this paragraph apply.

(5) The two candidates who received the greatest number of first preference votes given in the election remain in the contest.

(6) If, by reason of an equality of first preference votes, three or more candidates are qualified to remain in the contest by virtue of sub-paragraph (5), all of them remain in the contest.

(7) The other candidates are eliminated from the contest.

(8) The number of second preference votes given in the election for each of the candidates remaining in the contest by voters who did not give their first preference vote to any of those candidates must be ascertained.

(9) The person who must be returned as the mayor is that one of the candidates remaining in the contest who has the greatest total number of preference votes.

(10) If, by reason of an equality of total number of preference votes, two or more candidates remaining in the contest each have the greatest total number of preference votes, the returning officer is to decide by lots which of them is to be returned as the mayor.

(11) In this paragraph “mayoral vote” has the meaning given by paragraph 4(1) (as read with sub-paragraph (3) of that paragraph).”

Commencement Information

I16 Sch. 30 para. 14 not in force at Royal Assent, see s. 108(6)

I17 Sch. 30 para. 14 in force at 18.6.2026 by S.I. 2026/656, reg. 2(b) (with reg. 3)

15 In paragraph 6—

(a) in sub-paragraph (2), after “one” insert “mayoral”;

(b) in sub-paragraph (3), after the definition of “local government elector” insert—

• ““mayoral vote” has the meaning given by paragraph 4(1) (as read with sub-paragraph (3) of that paragraph).”

Commencement Information

I18 Sch. 30 para. 15 not in force at Royal Assent, see s. 108(6)

I19 Sch. 30 para. 15 in force at 18.6.2026 by S.I. 2026/656, reg. 2(b) (with reg. 3)

Elections for mayors of combined county authorities E+W

16 Schedule 2 to LURA 2023 (mayors for combined county authority areas: further provisions about elections) is amended as follows.

Commencement Information

I20 Sch. 30 para. 16 not in force at Royal Assent, see s. 108(6)

I21 Sch. 30 para. 16 in force at 18.6.2026 by S.I. 2026/656, reg. 2(b) (with reg. 3)

17 In paragraph 4—

(a) in sub-paragraph (1), for “which may be given for a candidate to be the mayor” substitute “(a “mayoral vote”)”;

(b) in sub-paragraph (2), after “system” insert “, unless there are three or more candidates”;

(c) after sub-paragraph (2) insert—

“(3) If there are three or more candidates to be the mayor—

(a) the mayor is to be returned under the supplementary vote system in accordance with paragraph 4A, and

(b) a voter’s mayoral vote is accordingly a vote capable of being given to indicate the voter’s first and second preference from among the candidates.”

Commencement Information

I22 Sch. 30 para. 17 not in force at Royal Assent, see s. 108(6)

I23 Sch. 30 para. 17 in force at 18.6.2026 by S.I. 2026/656, reg. 2(b) (with reg. 3)

18 After paragraph 4 insert—

“4A (1) This paragraph applies where there are three or more candidates to be a mayor.

(2) In this Schedule—

• “first preference vote” means a mayoral vote to the extent that it is given so as to indicate a voter’s first preference from among the candidates to be the mayor;

• “second preference vote” means a mayoral vote to the extent that it is given so as to indicate a voter’s second preference from among the candidates to be the mayor.

(3) If one of the candidates to be the mayor receives more than half of all the first preference votes given in the election that candidate is to be returned as the mayor.

(4) If none of the candidates to be the mayor receives more than half of all the first preference votes given in the election, the following provisions of this paragraph apply.

(5) The two candidates who received the greatest number of first preference votes given in the election remain in the contest.

(6) If, by reason of an equality of first preference votes, three or more candidates are qualified to remain in the contest by virtue of sub-paragraph (5), all of them remain in the contest.

(7) The other candidates are eliminated from the contest.

(8) The number of second preference votes given in the election for each of the candidates remaining in the contest by voters who did not give their first preference vote to any of those candidates must be ascertained.

(9) The person who must be returned as the mayor is that one of the candidates remaining in the contest who has the greatest total number of preference votes.

(10) If, by reason of an equality of total number of preference votes, two or more candidates remaining in the contest each have the greatest total number of preference votes, the returning officer is to decide by lots which of them is to be returned as the mayor.

(11) In this paragraph “mayoral vote” has the meaning given by paragraph 4(1) (as read with sub-paragraph (3) of that paragraph).”

Commencement Information

I24 Sch. 30 para. 18 not in force at Royal Assent, see s. 108(6)

I25 Sch. 30 para. 18 in force at 18.6.2026 by S.I. 2026/656, reg. 2(b) (with reg. 3)

19 In paragraph 5—

(a) in sub-paragraph (2), after “one” insert “mayoral”;

(b) in sub-paragraph (3), after the definition of “local government elector” insert—

• ““mayoral vote” has the meaning given by paragraph 4(1) (as read with sub-paragraph (3) of that paragraph).”

Commencement Information

I26 Sch. 30 para. 19 not in force at Royal Assent, see s. 108(6)

I27 Sch. 30 para. 19 in force at 18.6.2026 by S.I. 2026/656, reg. 2(b) (with reg. 3)