Amendment of the Local Elections (Parishes and Communities) (England and Wales) Rules 20063

1

Schedule 2 (Rules for Conduct of an Election of Councillors of a Parish or Community where Poll is not taken together with Poll at another Election) is amended as follows.

2

In rule 1 (timetable), in the column of the table headed “Time”—

a

for the entry opposite “Delivery of nomination papers” substitute “Not later than 4 in the afternoon on the nineteenth day before the day of election”;

b

for the entry opposite “Publication of statement as to persons nominated” substitute “Not later than 4 in the afternoon on the eighteenth day before the day of election”; and

c

for the entry opposite “Delivery of notices of withdrawal of candidature” substitute “Not later than 4 in the afternoon on the nineteenth day before the day of election”.

3

In rule 7 (consent to nomination) for paragraph (b) substitute—

b

is in the appropriate form in the Appendix or a form to the like effect and includes—

i

for a nomination in England, a copy of sections 80 and 81 of the Local Government Act 19728, section 78A of the Local Government Act 20009 and section 34 of the Localism Act 201110; or

ii

for a nomination in Wales, a copy of sections 80 and 81 of the Local Government Act 1972 and sections 78A and 79 of the Local Government Act 200011.

4

For rule 26(8) (equipment of polling stations) substitute—

8

In every compartment of every polling station there must be exhibited the notice:

  • “[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.]

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

5

In rule 28 (notification of requirement of secrecy), make the existing provision paragraph (1) and after that paragraph insert—

2

In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 200212 (police powers for employees).

6

In rule 30 (admission to the polling station), after paragraph (5) insert —

6

In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).

7

In rule 35 (voting procedure), after paragraph (5), insert—

6

A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purposes of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.

8

In rule 45 (the count) after paragraph (4) insert—

4A

A postal ballot paper or postal voting statement that reaches the returning officer or a polling station on or after the close of the poll is treated for the purposes of this rule as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.

9

In the Appendix of Forms, in the “Form of Candidate’s Consent to Nomination”, for the words from “I declare that to the best of my knowledge” to “within the meaning of that Part”, substitute—

*For a nomination in England:

I declare that to the best of my knowledge and belief I am not disqualified for being elected by reason of any disqualification set out in, or decision made under, section 80 of the Local Government Act 1972, section 78A of the Local Government Act 2000 or section 34 of the Localism Act 2011 (copies of which are printed overleaf), and I do not hold a politically restricted post, within the meaning of Part 1 of the Local Government and Housing Act 1989, under a local authority, within the meaning of that Part.

*For a nomination in Wales:

I declare that to the best of my knowledge and belief I am not disqualified for being elected by reason of any disqualification set out in, or decision made under, section 80 of the Local Government Act 1972 or section 78A or 79 of the Local Government Act 2000 (copies of which are printed overleaf), and I do not hold a politically restricted post, within the meaning of Part 1 of the Local Government and Housing Act 1989, under a local authority, within the meaning of that Part.

*Delete whichever is inappropriate.

10

In the Appendix of Forms, for the following forms substitute the corresponding forms in Schedule 1 to these Rules—

a

Form of Front of Ballot Paper;

b

Form of Back of Ballot Paper;

c

Directions as to Printing the Ballot Paper;

d

Form of Postal Voting Statement;

e

Official Poll Card (to be sent to an elector voting in person);

f

Official Postal Poll Card (to be sent to an elector voting by post);

g

Official Proxy Poll Card (to be sent to an appointed proxy voting in person);

h

Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post);

i

Form of directions for the guidance of the voters in voting;

j

Form of Certificate of Employment; and

k

Form of declaration to be made by the companion of a voter with disabilities.