The Local Elections (Principal Areas) (England and Wales) (Amendment) (England) Rules 2022

Statutory Instruments

2022 No. 1029

Local Government, England

Representation Of The People, England

The Local Elections (Principal Areas) (England and Wales) (Amendment) (England) Rules 2022

Made

4th October 2022

Laid before Parliament

17th October 2022

Coming into force

9th November 2022

The Secretary of State makes these Rules in exercise of the powers conferred by section 36(1) and (2) of the Representation of the People Act 1983(1).

The Secretary of State has consulted the Electoral Commission in accordance with section 7(1) and (2)(d) of the Political Parties, Elections and Referendums Act 2000(2).

Citation, commencement, savings, extent and interpretation

1.—(1) These Rules may be cited as the Local Elections (Principal Areas) (England and Wales) (Amendment) (England) Rules 2022.

(2) These Rules come into force on 9th November 2022 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 3rd May 2023.

(3) These rules extend to England and Wales.

(4) In these Rules “the 2006 Rules” means the Local Elections (Principal Areas) (England and Wales) Rules 2006(3).

Amendment of the 2006 Rules

2.—(1) Schedule 2 to the 2006 Rules (rules for conduct of an election of councillors of a principal area where poll is not taken together with poll at another election) is amended as follows.

(2) In rule 6 (subscription of nomination paper)—

(a) in paragraph (1), omit from “, and by” to the end;

(b) in paragraph (2)—

(i) for “, seconding or assenting to” substitute “or seconding”;

(ii) omit “or signatures (up to the required number)”.

(3) In Part 7 (appendix of forms), for the Form of Nomination Paper(4) substitute the form in Schedule 1 to these Rules.

3.—(1) Schedule 3 to the 2006 Rules (rules for conduct of an election of councillors of a principal area where the poll is taken together with the poll at a relevant election or referendum) is amended as follows.

(2) In rule 6 (subscription of nomination paper)—

(a) in paragraph (1), omit from “, and by” to the end;

(b) in paragraph (2)—

(i) for “, seconding or assenting to” substitute “or seconding”;

(ii) omit “or signatures (up to the required number)”.

(3) In Part 7 (appendix of forms), for the Form of Nomination Paper(5) substitute the form in Schedule 2 to these Rules.

Signed by authority of the Secretary of State for the Department for Levelling Up, Housing and Communities

Andrew Stephenson

Parliamentary Under Secretary of State

Department for Levelling Up, Housing and Communities

4th October 2022

Rule 2(3)

SCHEDULE 1 Amended form of nomination paper for use at an election of councillors of a principal area where poll is not taken together with poll at another election

Rule 3(3)

SCHEDULE 2 Amended form of nomination paper for use at an election of councillors of a principal area where the poll is taken together with the poll at a relevant election or referendum

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Local Elections (Principal Areas) (England and Wales) Rules 2006 (S.I. 2006/3304). The amendments in Rules 2 and 3 reduce the number of subscribing electors that are required on a candidate nomination paper for elections of councillors of a principal area in England from ten to two, and substitute new forms reflecting this change.

Rule 1 provides for the coming into force of these Rules on 9th November 2022, except that the amendments will not have effect in respect of an election where the poll for that election (if contested) will take place on or before 3rd May 2023.

An impact assessment has not been produced for this instrument as no, or no significant, impact on business, charities or the public or voluntary sector is foreseen.

(1)

1983 c. 2. Section 36(1) was amended by section 13(2) of the Local Government and Elections (Wales) Act 2021 (asc 1).

(2)

2000 c. 41. Section 7(2)(d) was amended by paragraph 11 of Schedule 2 to the Local Government and Elections (Wales) Act 2021.

(3)

S.I. 2006/3304, amended by S.I. 2018/1308; there are other amending instruments but none is relevant. By virtue of S.I. 2021/1459 (W. 374) and S.I. 2022/263 (W. 79), S.I. 2006/3304 no longer applies to the election of councillors of principal areas in Wales.

(4)

The form of nomination paper in Part 7 of Schedule 2 was substituted by rule 2(9) of S.I. 2018/1308.

(5)

The form of nomination paper in Part 7 of Schedule 3 was substituted by rule 3(9) of S.I. 2018/1308.