The Local Elections (Parishes and Communities) (Amendment) (England and Wales) Rules 2004

Explanatory Note

(This note is not part of the Order)

These Rules, which extend to England and Wales, amend the Local Elections (Parishes and Communities) Rules 1986, (the Principal Rules) as they apply where the poll at a parish or community election is taken together with the poll at one or more of a number of other types of election or referendum.

Rule 2 inserts a replacement for rule 6 of the Principal Rules.

New rule 6 substitutes a new schedule for Schedule 3 of the Principal Rules.

The new Schedule 3 applies in place of both the former Schedules 3 and 4 to the Principal Rules and contains a modified version of the rules in Schedule 2, which applies where the poll is to be combined with the poll at—

• a Parliamentary election;

• a European Parliamentary election;

• another local government election;

• a referendum; or

• an election for an elected mayor.

The main changes are—

• extending the period within which nominations must be delivered where the poll is combined with the poll at a European parliamentary election,

• permitting use of the same ballot box in the case of all possible combined polls,

• allowing for the translation of notices for the guidance of voters into languages other than English,

• entitling representatives of the Electoral Commission to attend the polling stations, verification and count,

• allowing those who are entitled to attend the count at the poll which is combined to attend at the joint verification of ballot paper accounts,

• requiring that postal ballot papers which are returned to a polling station are returned to a polling station located in the area which is common to the electoral areas (or electoral area and voting area in the case of a combination with a referendum) in which each poll is taking place, and

• ensuring that forms which are or may be used for all polls, such as notices in polling stations and declarations by disabled voters are in a form which is consistent with those applying under the legislation governing the election with which the parish and community election is combined.

A full regulatory impact assessment has not been produced for this instrument, as it has no impact on the costs of businesses, charities or voluntary bodies.