The Local Elections (Parishes and Communities) (England and Wales) (Amendment) Rules 2015

Statutory Instruments

2015 No. 104

Representation Of The People, England And Wales

The Local Elections (Parishes and Communities) (England and Wales) (Amendment) Rules 2015

Made

30th January 2015

Laid before Parliament

4th February 2015

Coming into force in accordance with rule 1(2)

The Lord President of the Council in exercise of the powers conferred by section 36(1) and (2) of the Representation of the People Act 1983(1) makes the following Rules.

The Lord President of the Council has consulted the Electoral Commission as required by section 7(1) and (2)(d) of the Political Parties, Elections and Referendums Act 2000(2).

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Local Elections (Parishes and Communities) (England and Wales) (Amendment) Rules 2015.

(2) These Rules come into force on 2nd March 2015 but have no effect in relation to any election in respect of which the date of the poll specified in the notice of election is on or before 6th May 2015.

(3) In these Rules, “the 2006 Rules” means the Local Elections (Parishes and Communities) (England and Wales) Rules 2006(3).

(4) In these Rules, unless otherwise stated, any reference to a numbered rule or Schedule is a reference to the rule or Schedule bearing that number in the 2006 Rules.

Amendment of the Local Elections (Parishes and Communities) (England and Wales) Rules 2006

2.—(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 25(1), for “noon” substitute “4 in the afternoon”.

(3) In the Appendix of Forms—

(a) in the “Form of Candidate’s Consent to Nomination”—

(i) omit the words from “, and I do not hold a politically restricted post” to “within the meaning of that Part.”;

(ii) in the “Back of form”—

(aa) for “section 79” substitute “sections 78A and 79”;

(bb) after “Local Government Act 2000” insert “and section 34 of the Localism Act 2011”;

(b) for the following forms substitute the corresponding forms in Schedule 1 to these Rules—

(i) Form of Front of Ballot Paper;

(ii) Directions as to Printing the Ballot Paper.

3.—(1) Schedule 3 (Rules for Conduct of an Election of Councillors of a Parish or Community where the Poll is taken together with the Poll at a Relevant Election or Referendum) is amended as follows.

(2) In rule 25(1), for “noon” substitute “4 in the afternoon”.

(3) In the Appendix of Forms—

(a) in the “Form of Candidate’s Consent to Nomination”—

(i) omit the words from “, and I do not hold a politically restricted post” to “within the meaning of that Part.”;

(ii) in the “Back of form”—

(aa) for “section 79” substitute “sections 78A and 79”;

(bb) after “Local Government Act 2000” insert “and section 34 of the Localism Act 2011”;

(b) in the heading to the Form of Postal Voting Statement (for use when a local government poll is combined with another poll but the postal ballot papers are not combined), for “local government poll” substitute “parish or community poll”;

(c) for the following forms substitute the corresponding forms in Schedule 2 to these Rules—

(i) Form of Front of Ballot Paper;

(ii) Directions as to Printing the Ballot Paper.

Signed by authority of the Lord President of the Council

Sam Gyimah

Minister for the Constitution

Cabinet Office

30th January 2015

Rule 2(3)(b)

SCHEDULE 1 Amended forms for use at an election of councillors of a parish or community where the poll is not taken together with another election or referendum

Form of front of ballot paper

Rule 3(3)(c)

SCHEDULE 2 Amended forms for use at an election of councillors of a parish or community where the poll is taken together with a relevant election or referendum

Form 3 Ballot paper (two candidates) Front of ballot paper

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules make changes to the Local Elections (Parishes and Communities) (England and Wales) Rules 2006 (S.I. 2006/3305) (the “2006 Rules”).

Rule 2(2) makes a consequential amendment to Schedule 2 to the 2006 Rules. Rule 2(3)(a) amends the statutory references on the back of the Form of Candidates’ Consent to Nomination so that they are consistent with rule 7 of Schedule 2 to the 2006 Rules, as amended by the Local Elections (Parishes and Communities) (England and Wales) (Amendment) Rules 2014 (S.I. 2014/492). Rule 2(3)(b) amends the Form of Ballot Paper in Schedule 2 to the 2006 Rules to remove the numbers against candidates’ names and inserts revised printing directions.

Rule 3(2) makes a consequential amendment to Schedule 3 to the 2006 Rules. Rule 3(3)(a) amends the statutory references on the back of the Form of Candidates’ Consent to Nomination so that they are consistent with rule 7 of Schedule 3 to the 2006 Rules, as amended by the Local Elections (Parishes and Communities) (England and Wales) (Amendment) Rules 2014 (S.I. 2014/492). Rule 3(3)(c) amends the Form of Ballot Paper in Schedule 3 to the 2006 Rules to remove the numbers against candidates’ names and inserts revised printing directions.

(1)

1983 c.2; the powers conferred on the Secretary of State by section 36(1) and (2) were made exercisable concurrently by the Lord President of the Council and the Secretary of State by the Lord President of the Council Order 2010 (S.I. 2010/1837).

(2)

2000 c.41; section 7 has been amended but the amendments are not relevant to these Rules.

(3)

S.I. 2006/3305; Schedules 2 and 3 were amended by S.I 2014/492.