2020 No. 190
The Police and Crime Commissioner Elections (Amendment) Order 2020
Made
Coming into force in accordance with article 1(2)
The Minister for the Cabinet Office, in whom the powers conferred by paragraph 16(1) of Schedule 7 to the Police and Crime Commissioner Elections Order 20121 (“the 2012 Order”) and by sections 58(1) and 154(5) of the Police Reform and Social Responsibility Act 20112 (“the 2011 Act”) are now vested3, makes the following Order in exercise of those powers.
The Minister for the Cabinet Office has consulted the Electoral Commission in accordance with section 7(2)(hc) of the Political Parties, Elections and Referendums Act 20004 and paragraph 16(3)(b) of Schedule 7 to the 2012 Order5.
In accordance with section 154(2)(b) of the 2011 Act and paragraph 16(2) of Schedule 7 to the 2012 Order, a draft of this Order has been laid before Parliament and approved by resolution of each House of Parliament.
Citation, commencement and interpretation1
1
This Order may be cited as the Police and Crime Commissioner Elections (Amendment) Order 2020.
2
This Order comes into force on the day after the day on which it is made.
3
In this Order, “the 2012 Order” means the Police and Crime Commissioner Elections Order 2012.
Amendment of the 2012 Order2
1
The 2012 Order is amended as follows.
2
In article 2(1) (interpretation), in the definition of “disability”, after ““disability””, insert “, except in paragraph 7A of Schedule 7”.
3
In Part 2 of Schedule 7 (candidate election expenses: general exclusions), after paragraph 7, insert—
7A
1
Any matter that is reasonably attributable to the candidate’s disability, to the extent that the expenses in respect of the matter are reasonably incurred.
2
In this paragraph, “disability” has the same meaning as in section 6 of the Equality Act 20106.
4
In Part 8 of Schedule 3 (rules for the conduct of PCC elections where poll not taken together with poll at another election)7, in Form 7 (consent to nomination), in the third bullet point, after “commissioner”, insert “, or police, fire and crime commissioner,”.
Amendment of election forms in relation to a police area where the police and crime commissioner is also the fire and rescue authority for that area3
1
This article applies where—
a
the Secretary of State has provided by order under section 4A(1) of the Fire and Rescue Services Act 20048 (power to provide for police and crime commissioner to be fire and rescue authority) for the person who is for the time being the police and crime commissioner for a particular police area to be for the time being the fire and rescue authority for that area, and
b
an election of the police and crime commissioner and fire and rescue authority for that area is held.
2
Where this article applies, the forms listed in paragraph (3) must be used in any election with the following amendments—
a
wherever the words “Police and Crime” appear, after “Police”, insert “, Fire”;
b
except in the third bullet point in Form 7, wherever the words “police and crime” appear, after “police”, insert “, fire”.
3
Those forms are—
a
the following forms set out in Part 4 of Schedule 2 to the 2012 Order (absent voting in PCC elections)9—
i
Form 2 (postal voting statement where PCC election taken alone);
ii
Form 4 (postal voting statement where polls are combined but proceedings on issue and receipt of postal ballot papers are not combined);
iii
Form 5 (completed statement of number of postal ballot papers issued);
b
the following forms set out in Part 8 of Schedule 3 to the 2012 Order—
i
Form 6 (nomination of candidates) in English;
ii
Form 7 (consent to nomination);
iii
Form 8A (ballot paper: three or more candidates);
iv
Form 8B (ballot paper: two candidates only);
v
Form 11 (official poll card);
vi
Form 12 (official postal poll card);
vii
Form 13 (official proxy poll card);
viii
Form 14 (official postal proxy poll card);
ix
Form 17 (certificate as to employment on duty on the day of the poll);
x
Form 18 (declaration to be made by companion of a voter with disabilities).
(This note is not part of the Order)