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Statutory Instruments

2004 No. 294

REPRESENTATION OF THE PEOPLE

The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004

Made

22nd March 2004

Coming into force

23rd March 2004

The Secretary of State, in exercise of the powers conferred on him by section 15(5) of the Representation of the People Act 1985(1), section 36(3C) of the Representation of the People Act 1983(2), and sections 44, 45 and 105 of the Local Government Act 2000(3), after consulting the Electoral Commission pursuant to section 7(2)(e) of the Political Parties, Elections and Referendums Act 2000(4), hereby makes the following Regulations, a draft of which has been laid before and approved by a resolution of each House of Parliament:

Modifications etc. (not altering text)

C1Regulations: savings for effects of SI 2014/920 regs. 2-6 (22.5.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), art. 3

Citation, commencement and extentE+W

1.—(1) These Regulations may be cited as the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 and shall come into force on the day after the day on which they are made.

(2) These Regulations shall not extend to Scotland or Northern Ireland.

Commencement Information

I1Reg. 1 in force at 23.3.2004, see reg. 1(1)

InterpretationE+W

2.—(1) For the purposes of these Regulations—

“1983 Act” means the Representation of the People Act 1983;

“1985 Act” means the Representation of the People Act 1985;

“2000 Act” means the Local Government Act 2000;

“2001 Regulations” means the Representation of the People (England and Wales) Regulations 2001(5);

F1...

[F2“2009 Act” means the Local Democracy, Economic Development and Construction Act 2009;]

[F3“2011 Act” means the Police Reform and Social Responsibility Act 2011;]

[F4“2023 Act” means the Levelling-up and Regeneration Act 2023;]

F1...

[F5“combined authority mayoral election” means an election of a mayor for a combined authority under Part 6 of the 2009 Act;]

[F6“combined county authority mayoral election” means an election for a mayor for a combined county authority under Chapter 1 of Part 2 of the 2023 Act;]

“GLRO” means the Greater London Returning Officer, being the person who is for the time being the proper officer of the Greater London Authority for the purposes of section 35(2C) of the 1983 Act(6);

“mayoral election” means an election conducted under [F7the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007]; and

[F8“PCC election” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the 2011 Act;]

“referendum” means a referendum conducted under [F9the Local Authorities (Conduct of Referendums) (England) Regulations 2012].

(2) In the case of a referendum, a reference to a returning officer shall be construed as a reference to a counting officer, within the meaning of regulation 2(1) of [F10the Local Authorities (Conduct of Referendums) (England) Regulations 2012].

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I2Reg. 2 in force at 23.3.2004, see reg. 1(1)

RevocationE+W

3.  The Representation of the People Regulations 1986(7) are hereby revoked.

Commencement Information

I3Reg. 3 in force at 23.3.2004, see reg. 1(1)

Returning officers and polling stationsE+W

4.—(1) Where the poll at a parliamentary general election is taken together with the poll at another election or referendum under a relevant enactment—

(a)those functions of the returning officer at the poll at the other election or referendum which are specified in regulation 5 shall be discharged by the returning officer at the parliamentary election for such part of the F11... [F12local government area, voting area [F13, police area [F14, combined authority area or combined county authority area]]] (as the case may be) as is situated in the parliamentary constituency; and

(b)only polling stations used for the parliamentary election shall be used for the other election or referendum.

(2) Where the above paragraph does not apply and the poll at an ordinary Authority(8) election is taken together with the poll at another election or referendum under a relevant enactment—

(a)those functions of the returning officer at the poll at the other election or referendum which are specified in regulation 5 shall be discharged by the returning officer at the Authority election for such part of the F15... [F16local government area, voting area [F17, police area [F18, combined authority area or combined county authority area]]] (as the case may be) as is situated in the area for which he acts; and

(b)only polling stations used for the Authority election shall be used for the poll at the other election or referendum.

(3) Where neither of the above paragraphs applies and the poll at an ordinary county council election is taken together with the poll at another election or referendum under a relevant enactment—

(a)those functions of the returning officer at the poll at the other election or referendum which are specified in regulation 5 shall be discharged by the returning officer at the county council election for such part of the F19... [F20local government area, voting area [F21, police area [F22, combined authority area or combined county authority area]]] (as the case may be) as is situated in the county or county borough; and

(b)only polling stations used for the county council election shall be used for the poll at the other election or referendum.

(4) Where none the above paragraphs applies and the poll at an ordinary principal area council election (other than a county council election) is taken together with the poll at another election or referendum under a relevant enactment—

(a)those functions of the returning officer at the poll at the other election or referendum which are specified in regulation 5 shall be discharged by the returning officer at the principal area council election for such part of the F23... [F24local government area, voting area [F25, police area [F26, combined authority area or combined county authority area]]] (as the case may be) as is situated in the principal area; and

(b)only polling stations used for the principal area council election shall be used for the poll at the other election or referendum.

(5) Where none of the above paragraphs applies and the poll at a mayoral election is taken together with the poll at an election under a relevant enactment—

(a)those functions of the returning officer at the poll at the other election which are specified in regulation 5 shall be discharged by the returning officer at the mayoral election for such part of [F27the F28... local government area [F29, police area [F30, combined authority area or combined county authority area]]] (as the case may be) as is situated in the local government area as respects which the mayoral election is held; and

(b)only polling stations used for the mayoral election shall be used for the poll at the other election.

(6) Where none of the above paragraphs applies and the poll at a referendum is taken together with the poll at an election under a relevant enactment—

(a)those functions of the returning officer at the poll at the election which are specified in regulation 5 shall be discharged by the returning officer at the referendum for such part of [F31the F32... local government area [F33, police area [F34, combined authority area or combined county authority area]]] (as the case may be) as is situated in the voting area; and

(b)only polling stations used for the referendum shall be used for the poll at the election.

[F35(7) Where none of the above paragraphs applies and the poll at an ordinary parish or community council election is taken together with the poll at another election under a relevant enactment—

(a)those functions of the returning officer at the other election which are specified in regulation 5 shall be discharged by the returning officer at the parish or community council election for such part of the F36... [F37police area [F38, combined authority area or combined county authority area]] as is situated in the area of the parish or community council; and

(b)only polling stations used for the parish or community council election shall be used for the poll at the other election.]

F39(7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40(7B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Subject to paragraph (9), where the polls at an election and another election or referendum for related areas (within the meaning of section 15(3) of the 1985 Act) are taken together under section 15(2) of the 1985 Act(9) [F41(including by virtue of section 15(2) and (3) as applied by orders or regulations made under any of the listed provisions)]—

(a)the returning officers for each election or referendum shall decide which returning officer shall discharge in the related area those functions of the other (or others) which are specified in regulation 5F42...; and

(b)the only polling stations which shall be used at each election or referendum are the polling stations used at the election or referendum for which the returning officer who discharges the functions referred to in sub-paragraph (a) above acts as returning officer.

(9) Where the polls at two or more elections or referendums are taken together other than under a relevant enactment, but one or more such polls are also taken together with the poll at another election or a referendum under a relevant enactment, [F43paragraphs (1) to [F44(7)] above] shall apply as if—

(a)each election (other than a mayoral election [F45, a combined authority mayoral election or a combined county authority mayoral election]) were an ordinary election; and

(b)the polls at each election or referendum were taken together under a relevant enactment.

(10) In this regulation—

[F46combined authority area” means the area of the combined authority established by an order under section 103 of the 2009 Act;]

[F47“combined county authority area” means the area of the combined county authority established by regulations made under section 9 of the 2023 Act;]

“county council election” mean an election of councillors of a county or county borough;

[F48“the listed provisions” means—

(a)

sections 52ZQ and 113 of the Local Government Finance Act 1992,

(b)

sections 9HE and 105, 9MG and 105 [F49or 44 and 105] of the 2000 Act,

(c)

sections 58 and 154 of the 2011 Act;]

(d)

[F50section 117 of, and paragraph 12 of Schedule 5B to, the 2009 Act;]

(e)

[F51section 252 of, and paragraph 12 of Schedule 2 to the 2023 Act;]

[F48“police area” means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London);]

“principal area” means any of the following—

(a)

a county, district or London borough in England, or

(b)

a county or county borough in Wales;

“principal area council election” means an election of councillors or London Borough councillors (as the case may be) of a principal area; and

“relevant enactment” means any of the following—

(a)

section 15(1) of the 1985 Act; or

(b)

section 36(3), F52... (3AC) [F53, or section 36B(1)] of the 1983 Act(10),

[F54and includes a reference to each section as applied in orders or regulations made under any of the listed provisions;]

(11) In this regulation, except the first reference in paragraph (8)(a), any reference to a returning officer which applies to—

F55(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the returning officer at an Authority election, shall be construed as a reference to the constituency returning officer(11)for the Assembly constituency in which the functions specified in regulation 5 are to be discharged,

[F56(c)the returning officer at a PCC election, shall be construed as including a reference to the police area returning officer,]

[F57(d)the returning officer at a combined authority mayoral election shall be construed as including a reference to the combined authority returning officer,]

[F58(e)the returning officer at a combined county authority mayoral election must be construed as including a reference to the combined county authority returning officer.]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I4Reg. 4 in force at 23.3.2004, see reg. 1(1)

Functions at combined pollsE+W

5.—(1) The functions referred to in regulation 4 are the functions conferred—

(a)at a parliamentary election by those rules in the parliamentary elections rules in Schedule 1 to the 1983 Act(12) which are specified in paragraph (2);

F59(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)at a local government election [F60in England,] by those rules in the rules made under section 36 of the 1983 Act(13) which correspond to the rules specified in paragraph (2)(14));

[F61(ca)at a local government election in Wales, by those rules in the rules made under section 36A of the 1983 Act which correspond to the rules specified in paragraph (2);]

(d)at a mayoral election, by those rules in regulations made under sections [F629HE and 105, or] 44 and 105 of the 2000 Act which correspond to the rules specified in paragraph (2)(15);

(e)at a mayoral referendum, by those rules in regulations made under sections [F639MG] and 105 of the 2000 Act which correspond to the rules specified in paragraph (2)(16);

[F64(f)at a PCC election, by those rules in an Order made under sections 58 and 154 of the 2011 Act which correspond to the rules specified in paragraph (2);]

[F65(g)at a combined authority mayoral election, by those rules in an order made under section 117 of, and paragraph 12 of Schedule 5B to, the 2009 Act which correspond to the rules specified in paragraph (2);]

[F66(h)at a combined county authority mayoral election, by those rules in regulations made under section 252 of, and paragraph 12 of Schedule 2 to, the 2023 Act which correspond to the rules specified in paragraph (2);]

and, where the proceedings on the issue and receipt of postal ballot papers at more than one election or referendum are taken together under regulation 65 of the 2001 Regulations, the functions conferred by Part 5 of those Regulations(17).

(2) The rules referred to in paragraph (1) are—

[F67(za)unless sub-paragraph (zb) applies, rule 19A (corresponding number list), to the extent that it relates to ballot papers to be provided in pursuance of rule 29(1);

(zb)where the proceedings on the issue and receipt of postal ballot papers at more than one election or referendum are taken together under regulation 65 of the 2001 Regulations, rule 19A (corresponding number list);]

(a)rule 23(2) (notice of situation of polling stations etc)(18);

(b)where the proceedings on the issue and receipt of postal ballot papers at more than one election or referendum are taken together under regulation 65 of the 2001 Regulations, rule 24 (postal ballot papers)(19);

(c)rule 25 (provision of polling stations)(20);

(d)rule 26(1) and (2) (appointment of presiding officers and clerks) to the extent that that rule concerns the appointment of presiding officers and clerks to assist them;

(e)rule 29 (equipment of polling stations)(21);

(f)rule 31(a) (notification of requirement of secrecy at polling stations);

[F68(fa)where the proceedings on the issue and receipt of postal ballot papers at more than one election or referendum are taken together under regulation 65 of the 2001 Regulations, rule 31A (return of postal ballot papers);]

(g)rule 32(3) (signature of certificate as to employment);

(h)rule 33(2)(b) (authorisation to order removal of persons from polling station);

(i)in rule 45 (the count), paragraph (1), as substituted by paragraph 22 of Schedule 2, and paragraph (5)(22); and

[F69(j)where the proceedings on the issue and receipt of postal ballot papers at more than one election or referendum are taken together under regulation 65 of the 2001 Regulations, rule 45(1B)(d) (the count).]

(3) In this regulation, references to regulation 65 and Part 5 of the 2001 Regulations include references to—

F70(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)that regulation and that Part as applied by regulations made under sections [F719HE and 105, 9MG and 105 or 44 and 105] of the 2000 Act [F72; F73...

(c)the provisions in an Order made under sections 58 and 154 of the 2011 Act which correspond to that regulation and that Part][F74; F75...

(d)that regulation and that part as applied by an order made under section 117 of, and paragraph 12 of Schedule 5B to, the 2009 Act] [F76; and

(e)that regulation and that part as applied by regulations made under section 252 of, and paragraph 12 of Schedule 2 to, the 2023 Act.]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I5Reg. 5 in force at 23.3.2004, see reg. 1(1)

Modification of provisions about expenses in the 1983 ActE+W

6.—(1) Where those functions of a returning officer at an election or referendum which are specified in regulation 5 are discharged by the returning officer at another election or referendum under regulation 4, references to the returning officer or his charges or expenditure in—

(a)subsections (3), (4), (4A), (4B), (5), (7) and (8) of section 29 (payments by and to returning officer)(23) of the 1983 Act;

(b)section 30 (taxation of returning officer’s account) of the 1983 Act; and

(c)subsections (4) to (6A)(24) of section 36 [F77of the 1983 Act] (local elections in England F78...) [F79and subsections (1) to (3) of section 36C] of the 1983 Act [F80(local elections in Wales)],

shall, to the extent that such functions are so discharged, be construed as references to the returning officer who discharges those functions and his charges or expenditure in respect of those functions.

(2) The reference in section 36(6) [F81and section 36C(3)] of the 1983 Act to the returning officer or a person acting as returning officer requesting an advance in respect of his expenses shall, to the extent that those expenses relate to the functions specified in regulation 5, include a reference to the returning officer who under regulation 4 discharges those functions at the local government election, mayoral election or referendum.

(3) In relation to elections and referendums the polls at which are taken together under section 15(1) or (2) of the 1985 Act the Secretary of State may under section 29(3) of the 1983 Act include special provision for services rendered and expenses incurred in respect of the functions specified in regulation 5 and in respect of the remuneration of presiding officers and clerks by the returning officer who discharges those functions by virtue of regulation 4.

(4) In relation to elections and referendums the polls at which are taken together under section 15(1) or (2) of the 1985 Act or section 36(3)F82... or (3AC) [F83or section 36B(1)] of the 1983 Act—

(a)the council for a county, county borough, district or London borough;

(b)the Greater London Authority;

(c)the council for the district in which a parish is situated;

(d)the council for the county or county borough in which a community is situated,

may, in fixing a scale under [F84section 36(4), (4B) or (5) or section 36C(1) or (2)] of the 1983 Act(25) include special provision for expenses incurred in respect of the functions specified in regulation 5 and in respect of the remuneration of presiding officers and clerks by the returning officer who discharges those functions by virtue of regulation 4.

(5) In this regulation, references to any provision of an enactment include references to—

F85(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F86(ab)any provision in Chapter 6 of Part 1 of the 2011 Act which corresponds to that provision; and]

(b)that provision as applied by [F87orders or regulations made under any of the listed provisions.]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I6Reg. 6 in force at 23.3.2004, see reg. 1(1)

Modifications for 2004E+W

F887.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modification of parliamentary elections rulesE+W

8.—(1) Where the poll at a parliamentary election is to be taken with—

(a)the poll at an election under subsection (1) or (2) of section 15 of the 1985 Act; F89...

(b)the poll at a mayoral election or a referendum in accordance with regulations made under section [F909HE and 105, 9MG and 105 or 44 and 105] of the 2000 Act [F91; or

(c)the poll at a mayoral election, referendum [F92, PCC election [F93, combined authority mayoral election or combined county authority mayoral election]] in accordance with orders or regulations made under any of the listed provisions,]

or two or more such polls, the parliamentary elections rules in Schedule 1 to the 1983 Act shall have effect subject to the provisions of Schedule 2.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I7Reg. 8 in force at 23.3.2004, see reg. 1(1)

Amendments to 2001 RegulationsE+W

F949.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Signed on behalf of the Secretary of State for Constitutional Affairs

Christopher Leslie

Parliamentary Under Secretary of State

Department for Constitutional Affairs

22nd March 2004

Regulation 7(8)

F95SCHEDULE 1E+WSUBSTITUTED PART 1 OF SCHEDULE 3 TO THE EUROPEAN PARLIAMENTARY ELECTIONS REGULATIONS 2004

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 8

SCHEDULE 2E+WMODIFICATIONS TO PARLIAMENTARY ELECTIONS RULES

Modifications etc. (not altering text)

1.  In the circumstances set out in regulation 8 of these Regulations, the parliamentary election rules in Schedule 1 to the 1983 Act shall have effect subject to the following modifications.E+W

Commencement Information

I8Sch. 2 para. 1 in force at 23.3.2004, see reg. 1(1)

2.  In this Schedule, and in any provision modified by this Schedule—E+W

“Combination of Polls Regulations” means the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004;

[F96“combined authority mayoral election” means an election of a mayor for a combined authority under Part 6 of the 2009 Act;]

[F97“combined county authority mayoral election” means an election for a mayor for a combined county authority under Chapter 1 of Part 2 of the 2023 Act;]

“GLRO” means the Greater London Returning Officer, being the person who is for the time being the proper officer of the Greater London Authority for the purposes of section 35(2C) of the Representation of the People Act 1983(26);

“mayoral election” means an election conducted under [F98the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007]);

[F99“police and crime commissioner election” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the 2011 Act;]

“referendum” means a referendum conducted under [F100the Local Authorities (Conduct of Referendums) (England) Regulations 2012]; and

“relevant election or referendum” means one or more of the following—

(a)

F101...

(b)

a local government election,

(c)

a mayoral election,

(ca)

[F102a combined authority mayoral election,]

(cb)

[F103a combined county authority mayoral election,]

(d)

a referendum,

(e)

[F104a police and crime commissioner election,]

the poll at which is taken together with the poll at the parliamentary election.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I9Sch. 2 para. 2 in force at 23.3.2004, see reg. 1(1)

3.  In this Schedule, and in any provision modified by this Schedule, in the case of a referendum a reference to—E+W

(a)an election agent or counting agent shall be construed as a reference to a counting observer, within the meaning of regulation 2(1) of [F105the Local Authorities (Conduct of Referendums) (England) Regulations 2012];

(b)a polling agent shall be construed as a reference to a polling observer, within the meaning of that regulation; and

(c)a returning officer shall be construed as a reference to a counting officer, within the meaning of that regulation.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I10Sch. 2 para. 3 in force at 23.3.2004, see reg. 1(1)

[F1064.  At the end of paragraph (2) of rule 19 (the ballot papers) insert—E+W

“(d)shall be of a different colour from that of any ballot papers used at any relevant election or referendum.”.]

Textual Amendments

Commencement Information

I11Sch. 2 para. 4 in force at 23.3.2004, see reg. 1(1)

5.  At the end of rule 23(27) (notice of poll) the following paragraph shall be inserted—E+W

“(3) The notice published under paragraph (2) above shall—

(a)state that the poll at the parliamentary election is to be taken together with the poll at a relevant election or referendum;

(b)specify the relevant local counting area, local authority or, as the case may be, voting area and, in the case of a local government election to fill a casual vacancy, the electoral area for which the election is held; and

(c)where the polls are to be taken together in part of the constituency only, specify that part.”

Commencement Information

I12Sch. 2 para. 5 in force at 23.3.2004, see reg. 1(1)

6.  At the end of rule 28(28) (issue of official poll cards) the following paragraph shall be inserted—E+W

“(5) [F107Subject to paragraph (6), if] the returning officer for each relevant election or referendum agrees, an official poll card issued under this rule may be combined with an official poll card issued at each relevant election or referendum, with necessary adaptations.

[F108(6) Paragraph (5) does not apply in respect of the official poll card for a local government election in Wales.”]

Textual Amendments

Commencement Information

I13Sch. 2 para. 6 in force at 23.3.2004, see reg. 1(1)

7.  After paragraph (1) of rule 29 (equipment of polling stations) there shall be inserted the following paragraphs—E+W

“(1A) The same ballot box may be used for the poll at the parliamentary election and the poll at each relevant election or referendum.

(1B) Where the same ballot box is not used under paragraph (1A), each ballot box shall be clearly marked with—

(a)the election or referendum to which it relates, as shown on the ballot papers for that election or referendum; and

(b)the words “Please insert the [specify colour of ballot papers in question] coloured ballot papers in here.””

Commencement Information

I14Sch. 2 para. 7 in force at 23.3.2004, see reg. 1(1)

8.  After paragraph (3A) of rule 29 (equipment of polling stations) insert the following paragraph—E+W

“(3B) The large version of the ballot paper referred to in paragraph (3A)(a) above shall be printed on paper of the same colour as that of the ballot papers for use at the parliamentary election.”

Commencement Information

I15Sch. 2 para. 8 in force at 23.3.2004, see reg. 1(1)

[F1099.  For paragraph (5) of rule 29 (equipment of polling stations) substitute—E+W

“(5) In every compartment of every polling station there must be exhibited the notice:

“PARLIAMENTARY ELECTION

([Specify colour] ballot paper)

Vote for ONLY ONE CANDIDATE by putting a cross [X] in the box next to your choice.

F110...

F110...

F110...

*[Specify name of council] COUNCIL ELECTION

([Specify colour] ballot paper)

*[Vote for NO MORE THAN … CANDIDATES by putting a cross [X] in the box next to EACH of your choices.]

*[Vote ONLY ONCE by putting a cross [X] in the box next to your choice.]

*ELECTION OF THE MAYOR OF LONDON

([Specify colour] ballot paper)

[F111#Vote for ONLY ONE candidate by putting a cross [X] in the box next to your choice.]

*ELECTION OF THE LONDON ASSEMBLY

#On the constituency members ballot paper ([specify colour]) vote for ONE candidate only.

#On the London members ballot paper ([specify colour]) vote for ONE party or individual candidate only.

*[Specify other] ELECTION/REFERENDUM

([Specify colour] ballot paper)

[Specify voting instructions in accordance with the legislation governing the election or referendum]

PUT NO OTHER MARK ON THE BALLOT PAPER OR YOUR VOTE MAY NOT COUNT.

*[PLEASE DO NOT FOLD THE BALLOT PAPERS FOR [specify the election(s) and/or referendum(s) at which the votes are to be counted electronically]. Post them, face downwards, in the [*appropriate] ballot box.]

*Complete or omit as necessary.

#Alternatively, insert such information as the GLRO may decide.””]

Textual Amendments

Commencement Information

I16Sch. 2 para. 9 in force at 23.3.2004, see reg. 1(1)

10.  At the end of paragraph (3) of rule 30 (appointment of polling and counting agents) there shall be inserted the following—E+W

  • “Notices of the appointment of polling agents and counting agents which are required by this paragraph and paragraphs (4) and (5)(29) below to be given to the returning officer shall be given to the returning officer who discharges the functions specified in Regulation 5 of the Combination of Polls Regulations.”

Commencement Information

I17Sch. 2 para. 10 in force at 23.3.2004, see reg. 1(1)

[F11211.  At the end of paragraph (1)(h) of rule 32 (admission to polling stations) insert—E+W

“(i)persons entitled to be admitted to the polling station at a relevant election or referendum.”.]

Textual Amendments

Commencement Information

I18Sch. 2 para. 11 in force at 23.3.2004, see reg. 1(1)

[F11312.—(1) Rule 35 (questions to be put to voters) is amended as follows.E+W

(2) In the questions specified in the second column of the table set out in rule 35—

(a)for the words “at this election”, wherever they appear, substitute “at this Parliamentary election”;

[F114(aa)in questions 2(e) and 3(e), for “in this election” substitute “in this Parliamentary election”;

(ab)in questions 2(f) and 3(f), after “today” insert “at this Parliamentary election”;]

(b)in question 3(b) after the words “here or elsewhere” insert “at this Parliamentary election”.]

Textual Amendments

Commencement Information

I19Sch. 2 para. 12 in force at 23.3.2004, see reg. 1(1)

[F11513.  After paragraph (3) of rule 37 (voting procedure) insert the following—E+W

“(3A) The same copy of the register of electors or where paragraph (3) applies, the same copy of the notice issued under section 13B(3B) or (3D) of this Act may be used under paragraph (1) for each relevant election or referendum and—

(a)one mark may be placed in that register or on that notice under paragraph (1)(c) or in the list of proxies under paragraph (1)(e) to denote that a ballot paper has been issued in respect of each election or referendum; and

(b)where a ballot paper has not been issued in respect of a relevant election or referendum, a different mark shall be placed in the register, on the notice or in the list, so as to identify each election or referendum in respect of which the ballot paper was issued.”.]

Textual Amendments

Commencement Information

I20Sch. 2 para. 13 in force at 23.3.2004, see reg. 1(1)

14.  At the end of paragraph (2) of rule 38 (votes marked by presiding officer) there shall be inserted—E+W

  • “The same list may be used for each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election or referendum, unless the list identifies the election or referendum at which the ballot paper was so marked.”

Commencement Information

I21Sch. 2 para. 14 in force at 23.3.2004, see reg. 1(1)

15.  At the end of paragraph (4) of rule 39(30) (voting by person with disabilities) there shall be inserted—E+W

  • “The same list may be used for each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean the votes were so given in respect of each election or referendum, unless the list identifies the election or referendum at which the vote was so given.”

Commencement Information

I22Sch. 2 para. 15 in force at 23.3.2004, see reg. 1(1)

16.  At the end of paragraph (3) of rule 40(31) (tendered ballot papers) there shall be inserted—E+W

  • “The same list may be used for each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each election or referendum, unless the list identifies the election or referendum at which a tendered ballot paper was marked.”

Commencement Information

I23Sch. 2 para. 16 in force at 23.3.2004, see reg. 1(1)

[F11616A.  At the end of rule 41A (correction of errors on day of the poll) insert the following—E+W

“The same list may be used for each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that ballot papers were issued in respect of each election or referendum, unless the list identifies the election or referendum for which a ballot paper was issued.”.]

Textual Amendments

17.  At the end of paragraph (1) of rule 42 (adjournment of poll in case of riot) there shall be inserted “who discharges the functions specified in regulation 5 of the Combination of Polls Regulations”.E+W

Commencement Information

I24Sch. 2 para. 17 in force at 23.3.2004, see reg. 1(1)

18.  In paragraph (1) of rule 43(32) (procedure on close of poll), after the words “polling agents”, in the first place where they occur, insert “appointed for the purposes of the parliamentary election and for each relevant election or referendum”.E+W

Commencement Information

I25Sch. 2 para. 18 in force at 23.3.2004, see reg. 1(1)

19.  After paragraph (1) of rule 43 (procedure on close of poll) there shall be inserted the following paragraphs—E+W

“(1A) The contents of the packets referred to in sub-paragraphs (b), (c) [F117, (db)] and (e) of paragraph (1) above shall not be combined with the contents of packets made under the corresponding rule that applies at each relevant election or referendum; nor shall the statement prepared under paragraph (3) below be so combined.

(1B) References to the returning officer in paragraph (1) above are references to the returning officer who discharges the functions specified in Regulation 5 of the Combination of Polls Regulations.”

Textual Amendments

Commencement Information

I26Sch. 2 para. 19 in force at 23.3.2004, see reg. 1(1)

20.  For paragraph (1) of rule 44 (attendance at counting of votes) there shall be substituted the following paragraphs—E+W

“(1) Where the returning officer at the parliamentary election discharges the functions specified in Regulation 5 of the Combination of Polls Regulations, he shall—

(a)make arrangements for—

(i)discharging the functions under rule 45(1)(33) below (as substituted by Regulation 8 of those Regulations) in the presence of the counting agents appointed for the purposes of the parliamentary election and for each relevant election or referendum, as soon as practicable after the close of the poll; and

(ii)thereafter counting the votes at the parliamentary election in the presence of the counting agents appointed for the purposes of that election; and

(b)he shall give to those counting agents notice in writing of the time and place at which he will begin to discharge the functions under rule 45(1) below (as so substituted).

(1A) Where the returning officer at the parliamentary election does not discharge the functions specified in Regulation 5 of the Combination of Polls Regulations, he shall—

(a)make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the delivery of the ballot papers to him by the returning officer who does discharge those functions, and

(b)give to the counting agents notice in writing of the time after which he will begin to count the votes if by then he has received the ballot papers and of the place at which that count will take place.

(1B) No person other than a person entitled to be present at the counting of the votes at each relevant election or referendum may be present at the proceedings under rule 45(1) (as so substituted).”

Commencement Information

I27Sch. 2 para. 20 in force at 23.3.2004, see reg. 1(1)

21.  In paragraph (3) of rule 44 (attendance at counting of votes) before the words “counting of votes”, in the first place where they occur, there shall be inserted the words “proceedings under rule 45(1) below (as so substituted) or the” and before the words “the efficient” there shall be inserted the words “the efficient separating of the ballot papers or, as the case may be”.E+W

Commencement Information

I28Sch. 2 para. 21 in force at 23.3.2004, see reg. 1(1)

22.  For paragraphs (1) to (1A) of rule 45 (the count) there shall be substituted the following paragraphs—E+W

“(1) Where the returning officer at the parliamentary election discharges the functions specified in Regulation 5 of the Combination of Polls Regulations, he shall—

(a)in the presence of the counting agents appointed for the purposes of the parliamentary election and each relevant election or referendum, open each ballot box and record separately the number of ballot papers used in each election or referendum;

(b)in the presence of the election agents appointed for the purposes of the parliamentary election and each relevant election or referendum verify each ballot paper account;

(c)count such of the postal ballot papers as have been duly returned and record separately the number counted at each relevant election or referendum;

(d)separate the ballot papers relating to the parliamentary election from the ballot papers relating to each relevant election or referendum;

(e)make up into packets the ballot papers for each relevant election or referendum and seal them up in separate containers endorsing on each a description of the area to which the ballot papers relate; and

(f)deliver or cause to be delivered to the returning officer at the relevant election or referendum to which the ballot papers relate—

(i)those containers, together with a list of them and of the contents of each;

(ii)the ballot paper accounts together with a copy of the statement as to the result of their verification in respect of that election or referendum; and

(g)at the same time deliver or cause to be delivered to that officer packets that so relate containing—

(i)the unused and spoilt ballot papers,

(ii)the tendered ballot papers, and

(iii)the [F118completed corresponding number lists] of the used ballot papers and the certificates as to employment on duty on the day of the poll.

(1AA) Where separate ballot boxes have been used, no vote for any candidate shall be rendered invalid by the ballot paper being placed in the ballot box used at any relevant election or referendum.

[F119(1AB)  The returning officer shall count the votes given on the ballot papers used at the parliamentary election, but shall not count—

(a)the votes given on postal ballot papers until the proceedings under paragraph (1)(c) and (d) above have been completed in relation to those papers and they have been mixed with the ballot papers from at least one ballot box; or

(b)the votes given on ballot papers from a ballot box until the proceedings under paragraph (1)(a), (b) and (d) have been completed in relation to those papers and they have been mixed with the ballot papers from at least one other box.]

(1AC) Where the returning officer at the parliamentary election does not discharge the functions specified in Regulation 5 of the Combination of Polls Regulations, he shall—

(a)on receipt of containers from the returning officer who does discharge those functions, and after the time specified in the notice given under rule 44(1A) above (as substituted by Regulation 8 of those Regulations) in the presence of the counting agents open each container;

(b)where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at a relevant election or referendum under regulation 65 of the 2001 Regulations (including that regulation as applied by regulations made under sections [F1209HE and 105, 9MG and 105 or 44 and 105] of the Local Government Act 2000(34), count such of the postal ballot papers as have been duly returned and record the number counted; and

[F121(c)count the votes given on the ballot papers, but shall not count—

(i)the votes given on postal ballot papers until they have been mixed with the ballot papers from at least one ballot box; or

(ii)the votes given on ballot papers from a ballot box until they have been mixed with the ballot papers from at least one other ballot box.]

Paragraph (5) below does not apply to these proceedings.”

Textual Amendments

Modifications etc. (not altering text)

C18Sch. 2 para. 22: amendments to this provision made by S.I. 2015/654, reg. 2 extended to PCC election (7.5.2015) by Police and Crime Commissioner Elections Order 2015 (S.I. 2015/665), arts. 1(1), 2(1)

Commencement Information

I29Sch. 2 para. 22 in force at 23.3.2004, see reg. 1(1)

23.  In paragraph (1B) of rule 45 (the count) the reference to the constituency shall be construed as a reference to—E+W

(a)the area in the parliamentary constituency common to the local counting area, electoral area or voting area (as the case may be) in which the polls at the parliamentary election and a relevant election or referendum are being taken together; and

(b)in respect of which polls the voter has been issued with a postal ballot paper.

Commencement Information

I30Sch. 2 para. 23 in force at 23.3.2004, see reg. 1(1)

24.  In paragraph (6) of rule 45 (the count) omit the words “, in so far as he and the agents agree,” and the words from “For the purposes” to the end.E+W

Commencement Information

I31Sch. 2 para. 24 in force at 23.3.2004, see reg. 1(1)

[F12224A.  In rule 50 (declaration of result), after paragraph (2) insert—E+W

“(3) But the returning officer shall not declare a candidate to be elected under paragraph (1) or (2)—

(a)in a case where the returning officer discharges the functions specified in Regulation 5 of the Combination of Polls Regulations, until after the returning officer has completed proceedings under rule 45(1) (as substituted by Regulation 8 of those Regulations);

(b)in a case where the returning officer does not discharge the functions specified in Regulation 5 of the Combination of Polls Regulations, until after proceedings corresponding to those mentioned in sub-paragraph (a) have been completed by the returning officer who does discharge those functions (“the other returning officer”).

(4) The corresponding proceedings referred to in paragraph (3)(b) are proceedings under provision corresponding to rule 45(1) (as substituted by Regulation 8 of the Combination of Polls Regulations) made by or under any enactment in relation to the election or referendum at which the other returning officer has functions.”]

Textual Amendments

Modifications etc. (not altering text)

C19Sch. 2 para. 24A: insertion of this provision by S.I. 2015/654, reg. 3 extended to PCC election (7.5.2015) by Police and Crime Commissioner Elections Order 2015 (S.I. 2015/665), arts. 1(1), 2(1)

[F12325.  For paragraph (2) of rule 54 (sealing up of ballot papers) substitute—E+W

“(2) The returning officer shall not open the sealed packets of—

(a)tendered ballot papers, F124...

[F125(aa)the completed ballot paper refusal list, or]

(b)certificates as to employment on duty on the day of the poll.

(3) Where he is the returning officer who discharges the functions referred to in regulation 5 of the Combination of Polls Regulations, the returning officer shall not open the sealed packets of—

(a)the completed corresponding number lists, or

(b)marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of this Act) and lists of proxies.”.]

Textual Amendments

Commencement Information

I32Sch. 2 para. 25 in force at 23.3.2004, see reg. 1(1)

26.  At the end of paragraph (1) of rule 55(35) (delivery of documents to the [F126registration officer]) there shall be inserted—E+W

  • “At an election where the returning officer does not discharge the functions referred to in Regulation 5 of the Combination of Polls Regulations, this paragraph shall have effect as if sub-paragraphs (c) [F127, (ca)] and (e) were omitted.”

Textual Amendments

Commencement Information

I33Sch. 2 para. 26 in force at 23.3.2004, see reg. 1(1)

[F12827.  In rule 60 (death of independent candidate) after paragraph (5) insert—E+W

“(6) Neither the countermand of the notice of poll at the parliamentary election nor the direction that that poll be abandoned shall affect the poll at each relevant election or referendum.”.]

Textual Amendments

Commencement Information

I34Sch. 2 para. 27 in force at 23.3.2004, see reg. 1(1)

[F12927A.—(1) Rule 63 (death of party candidate) is modified as follows.E+W

(2) After paragraph (2) insert—

“(2A) Neither the countermand of the notice of poll at the parliamentary election nor the direction that that poll be abandoned shall affect the poll at each relevant election or referendum.”.

(3) In paragraph (3) after “with reference to the” insert “parliamentary”.]

Textual Amendments

[F12927B.—(1) Rule 64 (death of Speaker of the House of Commons seeking re-election) is modified as follows.E+W

(2) After paragraph (2) insert—

“(2A) Neither the countermand of the notice of poll at the parliamentary election nor the direction that that poll be abandoned shall affect the poll at each relevant election or referendum.”.

(3) In paragraph (3) after “with reference to the” insert “parliamentary”.]

Textual Amendments

[F12927C.  For rule 65 (abandoned poll) substitute the following—E+W

“65.—(1) This rule applies to—

(a)a poll at a parliamentary election which is abandoned in pursuance of rule 60(4)(b) as if it were a poll at a contested election;

(b)a poll at a parliamentary election which is abandoned in pursuance of rule 63(2)(b) or 64(2)(b).

(2) No further ballot papers at the parliamentary election shall be issued in any polling station.

(3) At the close of poll for each relevant election or referendum the presiding officer at a polling station must take the like steps (so far as not already taken) for the delivery to the returning officer of ballot boxes and ballot papers and other documents as he would be required to do if the poll at the parliamentary election had not been abandoned.

(4) The returning officer must dispose of ballot papers used at the parliamentary election and other documents in his possession as he is required to do on the completion of the counting of votes.

(5) It is not necessary for a parliamentary ballot paper account to be prepared or verified.

(6) Having separated the ballot papers relating to each relevant election or referendum, the returning officer must take no step or further step for the counting of the ballot papers used at the parliamentary election or of the votes cast at the parliamentary election.

(7) The returning officer must seal up all the ballot papers used at the parliamentary election (whether the votes on them have been counted or not) and it is not necessary to seal up counted and rejected ballot papers in separate packets.

(8) The provisions of these rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at a parliamentary election apply subject to paragraphs (9) and (10).

(9) Ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers.

(10) No order is to be made for—

(a)the production or inspection of any ballot papers, or

(b)the opening of a sealed packet of the completed corresponding number list or of certificates as to employment on the day of the poll,

unless the order is made by a court with reference to a prosecution.”.]

Textual Amendments

[F13028.  In the Appendix of forms, for the form of directions for the guidance of voters in voting substitute the form of those directions as set out in the Appendix of Forms to this Schedule.]E+W

Textual Amendments

Commencement Information

I35Sch. 2 para. 28 in force at 23.3.2004, see reg. 1(1)

[F13129.—[F132(1)] [F133Subject to sub-paragraph (2), in] the Appendix of forms, for the form of declaration to be made by the companion of a voter with disabilities substitute the form of that declaration in the Appendix of Forms to this Schedule.]

[F134(2) Sub-paragraph (1) does not apply where the poll at a parliamentary election is taken with—

(a)the poll at a local government election in Wales;

(b)the poll at a mayoral election in accordance with regulations made under section 44 and 105 of the 2000 Act.]

Textual Amendments

F132Sch. 2 para. 29 renumbered as Sch. 2 para. 29(1) (29.12.2022) by The Assistance with Voting for Persons with Disabilities (Amendments) Regulations 2022 (S.I. 2022/1309), regs. 1(3), 5(2)(a) (with reg. 1(4))

Commencement Information

I36Sch. 2 para. 29 in force at 23.3.2004, see reg. 1(1)

[F135APPENDIX OF FORMSE+W

Textual Amendments

[F136Form of directions for the guidance of the voters in voting]E+W

Textual Amendments

F136Sch. 2 Appendix Form of directions for the guidance of the voters in voting substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 37(d) (with reg. 1(6)(7))

[F137Form of declaration to be made by the companion of a voter with disabilities]]E+W

Textual Amendments

F137Sch. 2 Appendix Form of declaration to be made by the companion of a voter with disabilities substituted (29.12.2022) by The Assistance with Voting for Persons with Disabilities (Amendments) Regulations 2022 (S.I. 2022/1309), reg. 1(3), Sch. 1 (with reg. 1(4))

Regulation 9

F138SCHEDULE 3E+WAMENDMENTS TO THE 2001 REGULATIONS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Explanatory Note

(This note is not part of the Regulations)

These Regulations apply to England and Wales. They revoke and replace the Representation of the People Regulations 1986.

The Representation of the People Regulations 1986 made provision relating to the combination of polls at parliamentary, European Parliamentary and local government elections in England and Wales. Provision for the combination of such polls is made in section 15 of the Representation of the People Act 1985 and section 36 of the Representation of the People Act 1983. The Regulations specified which returning officer would carry out specified functions that applied to each election where the polls were combined, and the polling stations that were to be used. They also made provision for the funding of returning officers carrying out such functions. The Regulations included modifications to the parliamentary election rules contained in Schedule 1 to the Representation of the People Act 1983 in the circumstances where a parliamentary election was combined with another election.

Regulations 4, 5 and 6 of these Regulations make similar provisions about the functions of returning officers and their funding, and the polling stations to be used where polls are combined. They also contain additional provision to take account of the possibility of the combination of more than two polls. In addition they include provision for the circumstances where the polls that are combined include a mayoral election or a referendum by virtue of regulations made under sections 44 and 105 or 45 and 105 of the Local Government Act 2000; namely the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002 and the Local Authorities (Conduct of Referendums) (England) Regulations 2001 respectively.

The Regulations also include, at Regulation 7 and Schedule 1, particular provisions relating to the European Parliamentary election, Greater London Authority election and other local government elections which are to be held on the same date as the European Parliamentary election in 2004. The Greater London Authority returning officer is to be the returning officer for the London European Parliamentary electoral region and he is to have a designated deputy to assist him. Provision is made for the elections to be administered by reference to local authority areas rather than parliamentary constituency areas. The issue and receipt of postal ballot papers is to be carried jointly. The Greater London Authority returning officer will be able to include information about the European Parliamentary election voting procedures in an election booklet. There is also provision for electronic counting of the votes at the European Parliamentary election if the Greater London Authority election is so counted.

Regulation 8 and Schedule 2 make provision for the combination of polls with the polls at a parliamentary election.

Regulation 9 and Schedule 3 make amendments to the forms of declaration of identity that are issued with postal ballot papers under the Representation of the People (England and Wales) Regulations 2001 when polls are combined.

(1)

1985 c. 50. With respect to the European Parliamentary election in 2004, section 15 is modified to have effect as if subsection (5A) were inserted by paragraph 7 of Schedule 7 to the Local Government Act 2003 (c. 26).

(2)

1983 c. 2. Section 36(3C) was inserted by section 17 of the Representation of the People Act 1985 (c. 50).

(3)

2000 c. 22. Section 44 was amended by paragraphs 18(1) and (2) of Schedule 21 to, and section 45 was amended by paragraphs 18(1), (3) and (4) of Schedule 21 to, the Political Parties, Elections and Referendums Act 2000 (c. 41).

(5)

S.I. 2001/341.

(6)

Subsection (2C) was inserted by paragraphs 1 and 3 of Schedule 3 to the Greater London Authority Act 1999 (c. 29).

(7)

S.I. 1986/1081; to which there are amendments not relevant to these regulations.

(8)

See section 203 of the Representation of the People Act 1983 (c. 2): an “Authority election” means (a) any election of the Mayor of London; (b) any election of a constituency member of the London Assembly; or (c) the election of the London members of the London Assembly at an ordinary election.

(9)

The section heading and subsections (1) and (3) were amended by section 3 of the of the European Communities Amendment Act 1986 (c. 58), substituting the words “European Parliament” for “European Assembly”.

(10)

Subsection (3) was substituted, for subsection (3), as originally enacted, by section 17 of the Representation of the People Act 1985 (c. 50) and further amended by paragraph 68(8) of Schedule 16 to, and Schedule 18 to, the Local Government (Wales) Act 1994 (c. 19); subsection (3AB) was inserted by paragraph 68(8) of Schedule 16 to the Local Government (Wales) Act 1994;and subsection (3AC) was inserted by paragraph 17 of Schedule 3 to the Local Government and Rating Act 1997 (c. 29).

(11)

See the Greater London Authority (Assembly Constituencies and Returning Officers) Order 1999 (S.I. 1999/3380).

(12)

Amended by the Representation of the People Act 1985 (c. 50), the Representation of the People Act 2000 (c. 2), and S.I. 1996/739. Other amendments are not relevant to these Regulations.

(13)

Amended by section 17 of the Representation of the People Act 1985 (c. 50), Part I of Schedule 9, and Schedule 17 to the Local Government Act 1985 (c. 51), Part I of Schedule 13 to the Education Reform Act 1988 (c. 40), paragraph 68(8) of Schedule 16, and Schedule 18 to the Local Government (Wales) Act 1994 (c. 19), paragraph 17 of Schedule 3 to the Local Government and Rating Act 1997 (c. 29), paragraphs 1 and 4(1) to (4) of Schedule 3 to the Greater London Authority Act 1999 (c. 29) and Part 1 of the Schedule to S.I. 1999/1730.

(14)

S.I. 1986/2214, S.I. 1986/2215 and S.I. 2000/427; which were amended by S.I. 2004/223, S.I. 2004/224 and S.I. 2004/227 respectively.

(15)

S.I. 2002/185; which was amended by S.I. 2004/225.

(16)

S.I. 2001/1298; which was amended by S.I. 2004/226.

(17)

In Part V Regulation 72 was amended by Regulation 12 of S.I. 2002/1871, Regulation 77 was amended by Regulation 13(1), (2) and (3) of S.I. 2002/1871 and Regulation 85 by Regulation 2(1) of 2002/1871.

(18)

Amended by paragraph 77 of Schedule 4, and Schedule 5 to the Representation of the People Act 1985 (c. 50).

(19)

Substituted by paragraphs 3 and 10(1) and (3) of Schedule 6 to the Representation of the People Act 2000 (c. 2).

(20)

Rule 25(4) was amended by paragraph 5(5)(b) of Schedule 1 to S.I. 1996/739.

(21)

Rule 29(3A) was inserted by section 13(1) and (2) of the Representation of the People Act 2000 (c. 2) and rule 29(5) was amended by paragraph 79 of Schedule 4 to the Representation of the People Act 1985 (c. 50).

(22)

Rule 45(1) and (1A) were substituted for (1), as originally enacted, by paragraph 82 of Schedule 4 to the Representation of the People Act 1985 (c. 50).

(23)

Subsections (3), (4), (4A) and (4B) were substituted, for subsections (3) and (4), as originally enacted, by section 1(2) of the Representation of the People Act 1991 (c. 11). Subsection 5 was amended by section 1(3) of the Representation of the People Act 1991 (c. 11) and article 3(4) of S.I. 1991/1728. Subsections (6) and (7) were amended by article 3(2) and (5), and subsections (8) and (9) were amended, by article 3(6) of S.I. 1991/1728.

(24)

Inserted by paragraphs 1 and 4(1) and (4) of Schedule 3 to the Greater London Authority Act (c. 29).

(25)

Subsection 4 was amended by Schedule 17 to the Local Government Act 1985 (c. 51) and paragraph 68(9) of Schedule 16 to the Local Government (Wales) Act 1994 (c. 19). Subsection (4B) was inserted by paragraphs 1 and 4(1) and (3) of Schedule 3 to the Greater London Authority Act 1999 (c. 29). Subsection (5) was amended by paragraph 68(10) of Schedule 16 to, and Schedule 18 to, the Local Government (Wales) Act 1994 (c. 19) and Part I of Schedule 2 to S.I. 1991/1730. Subsection (5A) was inserted by paragraph 68(10) of Schedule 16 to the Local Government (Wales) Act 1994 (c. 19).

(26)

Subsection (2C) was inserted by paragraphs 1 and 3 of Schedule 3 to the Greater London Authority Act 1999 (c. 29).

(27)

Subsection (2) was amended and subsection (3), as originally enacted, was repealed by paragraph 7 of Schedule 4, and Schedule 5 to the Representation of the People Act 1985 (c. 50).

(28)

Rule 28 was amended by paragraph 6 of Part 1 of Schedule 2 to the Representation of the People Act 1985 (c. 50).

(29)

Paragraph (5) was amended by Schedule 22 to the Political Parties, Elections and Referendums Act 2000 (c. 41).

(30)

Rule 39 was substituted by section 13(1) and (2) of the Representation of the People Act 2000 (c. 2).

(31)

Rule 40 was amended by paragraph 7 of Part I of Schedule 2, and Schedule 5 to the Representation of the People Act 1985 (c. 50).

(32)

Rule 43 was amended by section 13(1) and (4) of the Representation of the People Act 2000 (c. 2).

(33)

Paragraphs (1) and (1A) were substituted for paragraph (1), as originally enacted, by paragraph 82 of Schedule 4 to the Representation of the People Act 1985 (c. 50).

(35)

Amended by section 13(1) and (4) of the Representation of the People Act 2000 (c. 2) and paragraph 57(1) and (6)(a) and (b) of Schedule 1 to S.I. 2001/1149.

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