The Combined Authorities (Mayoral Elections) (Amendment) Order 2022 No. 1353

Statutory Instruments

2022 No. 1353

Local Government, England

The Combined Authorities (Mayoral Elections) (Amendment) Order 2022

Made

12th December 2022

Coming into force-

13th December 2022

The Secretary of State makes the following Order in exercise of the powers conferred by sections 114 and 117(1A) of, and paragraph 12 of Schedule 5B to, the Local Democracy, Economic Development and Construction Act 2009(1).

The Secretary of State has consulted the Electoral Commission about this Order in accordance with paragraph 12(4) of Schedule 5B to that Act.

In accordance with section 117(2) of the Local Democracy, Economic Development and Construction Act 2009, a draft of this Order has been laid before and approved by resolution of each House of Parliament.

Citation, extent and commencement

1.—(1) This Order—

(a) may be cited as the Combined Authorities (Mayoral Elections) (Amendment) Order 2022;

(b) extends to England and Wales; and

(c) comes into force the day after the day on which it is made.

(2) This Order does not apply for the purposes of an election for the return of a combined authority mayor in accordance with Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 in respect of which the date of the poll specified in the notice of election is before the ordinary day of election in 2023(2).

Amendment of the Combined Authorities (Mayoral Elections) Order 2017

2.  The Combined Authorities (Mayoral Elections) Order 2017(3) is amended in accordance with this Order.

Amendment of Schedule 1

3.—(1) Schedule 1 (the combined authority mayoral elections rules) is amended as follows.

(2) In rule 16 (method of election)—

(a) in paragraph (a)—

(i) for “three” substitute “two”;

(ii) for “Parts 4 and 5” substitute “Part 4”;

(b) omit paragraph (b).

(3) In rule 28 (equipment of polling stations)—

(a) in paragraph (6) for sub-paragraph (b) substitute—

“(b) the following notice which must be exhibited in every compartment of every polling station—

*[Specify name of combined authority] COMBINED AUTHORITY MAYORAL ELECTION

Vote for ONLY ONE CANDIDATE 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.

*Complete as necessary.”;

(b) omit paragraph (8).

(4) In rule 48(5) (additional steps: verification and count carried out at different places) omit “area”.

(5) In rule 49(1) (attendance at the count) omit sub-paragraph (b) and the word “and” immediately preceding it.

(6) In rule 50 (the first count)—

(a) in the heading omit “first”;

(b) for paragraph (3) substitute—

“(3) The returning officer shall then count the votes given on them.”.

(7) In rule 51 (rejected ballot papers)—

(a) in paragraph (1)(b) omit “first preference”;

(b) in paragraph (1)(d) omit “as to the first preference vote”;

(c) in paragraph (2) omit sub-paragraph (i);

(d) in paragraph (2)(ii) omit “at any other election,”;

(e) in paragraph (2) in the words after sub-paragraph (ii) omit “(in either case)”;

(f) omit paragraph (3);

(g) in paragraph (5)(b) and (d) omit “as to the first preference vote”;

(h) omit paragraph (7).

(8) In rule 53(1) and (2) (re-count) omit “or, as the case may be, the first preference votes,”.

(9) In rule 54 (procedure at conclusion of first count)—

(a) in the heading omit “first”;

(b) for paragraph (1) substitute—

“(1) As soon as practicable after the conclusion of the count (including any re-count), the returning officer must draw up a provisional statement showing—

(a) the total number of ballot papers used,

(b) the total number of rejected ballot papers, and

(c) the number of votes given for each candidate.”.

(10) Omit Part 5 (further provision: three or more candidates).

(11) In rule 57(1) (combined authority returning officer’s re-count) for “, 54(1) or 56(2),” substitute “or 54(1)”.

(12) Omit rule 58 (combined authority returning officer’s direction to count second preference votes).

(13) In rule 59 (returning officer’s final statement, central calculation and declaration of result)—

(a) in paragraph (1) for “, 54(1) and, where applicable, 56(2)” substitute “and 54(1)”;

(b) in paragraphs (4), (5)(a), (6) and (8) omit “area”.

(c) for paragraph (7) substitute—

“(7) As soon as the combined authority returning officer has received the information required by paragraph (3) from every returning officer, the combined authority returning officer must ascertain the total number of votes given to each candidate.”;

(d) for paragraph (10) substitute—

“(10) In paragraphs (8) and (9), “the relevant figures” means the total number of votes given for each candidate.”;

(e) in paragraph (11)(a) omit “by only two candidates”;

(f) in paragraph (11)(b) for “each of them” substitute “each candidate”;

(g) for paragraph (12) substitute—

“(12) Where, after the counting of the votes (including any re-count) is completed, an equality of votes is found to exist between any candidates and the addition of a vote would entitle any of those candidates to be returned as mayor, the combined authority returning officer must forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.”;

(h) omit paragraphs (13) and (14);

(i) in paragraph (15)(b) omit “first preference” and insert “and” at the end;

(j) in paragraph (15) omit paragraph (d) and the “and” immediately preceding it.

(14) In rule 60 (return or forfeiture of candidate’s deposit)—

(a) in paragraph (4) omit “first”;

(b) in paragraph (5) omit “first” and “first preference”.

(15) In Part 9 (appendix of forms)—

(a) in the list of forms—

(i) in Form 3 omit “(two candidates)”;

(ii) omit Form 4;

(b) for Form 3 substitute Form 3 set out in Schedule 1 to this Order;

(c) omit Form 4;

(d) for Form 7 substitute Form 7 set out in Schedule 1 to this Order.

Amendment of Schedule 2

4.—(1) Schedule 2 (modifications of Acts and statutory instrument) is amended as follows.

(2) In paragraph 1 omit sub-paragraph (9).

(3) In paragraph 1(30) omit the words from “if there are only two candidates” to the end.

Amendment of Schedule 3

5.—(1) Schedule 3 (the combined authority mayoral election (combination of polls) rules) is amended as follows.

(2) In rule 16 (method of election)—

(a) in paragraph (a)—

(i) for “three” substitute “two”;

(ii) for “Parts 4 and 5” substitute “Part 4”;

(b) omit paragraph (b).

(3) In rule 28 (equipment of polling stations)—

(a) in paragraph (8) for sub-paragraph (b) substitute—

“(b) the following notice which must be exhibited in every compartment of every polling station—

*PARLIAMENTARY ELECTION ([specify colour] ballot paper)

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

*[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.]

*[Specify name of combined authority] COMBINED AUTHORITY MAYORAL ELECTION ([specify colour] ballot paper)

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

*LOCAL MAYORAL ELECTION FOR [specify name of authority] ([specify colour] ballot paper)

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

*POLICE AND CRIME COMMISIONER ELECTION FOR (specify police area) ([specify colour] ballot paper)

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

*[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 elections 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 combined authority returning officer may decide.”

(b) omit paragraph (10).

(4) In rule 48(5) (additional steps: verification and count carried out at different places) omit “area”.

(5) In rule 50 (the first count)—

(a) in the heading omit “first”;

(b) for paragraph (4) substitute—

“(4) The returning officer must then count the votes given on them.”.

(6) In rule 51 (rejected ballot papers)—

(a) in paragraph (1)(b) omit “first preference”;

(b) in paragraph (1)(d) omit “as to the first preference vote”;

(c) in paragraph (2) omit sub-paragraph (i);

(d) in paragraph (2) sub-paragraph (ii) omit “at any other election,”;

(e) in paragraph (2) in the words after sub-paragraph (ii) omit “(in either case)”;

(f) omit paragraph (3);

(g) in paragraph (5)(b) and (d) omit “as to the first preference vote”;

(h) omit paragraph (7).

(7) In rule 53(1) and (2) (re-count) omit “or, as the case may be, the first preference votes,”.

(8) In rule 54 (procedure at conclusion of first count)—

(a) in the heading omit “first”;

(b) for paragraph (1) substitute—

“(1) As soon as practicable after the conclusion of the count (including any re-count), the returning officer must draw up a provisional statement showing—

(a) the total number of ballot papers used,

(b) the total number of rejected ballot papers, and

(c) the number of votes given for each candidate.”;

(c) in paragraph (2)(b) for “reporting officer” substitute “returning officer”.

(9) Omit Part 5 (further provision: more than two candidates).

(10) In rule 57(1) (combined authority returning officer’s re-count) for “, 54(1) or 56(2),” substitute “or 54(1)”.

(11) Omit rule 58 (combined authority returning officer’s direction to count second preference votes).

(12) In rule 59 (returning officer’s final statement, central calculation and declaration of result)—

(a) in paragraph (1) for “, 54(1) and, where applicable, 56(2)” substitute “and 54(1)”;

(b) in paragraphs (4), (5)(a), (6) and (8) omit “area”;

(c) for paragraph (7) substitute—

“(7) As soon as the combined authority returning officer has received the information required by paragraph (3) from every returning officer, the combined authority returning officer must ascertain the total number of votes given to each candidate.”;

(d) for paragraph (10) substitute—

“(10) In paragraphs (8) and (9), “the relevant figures” means the total number of votes given for each candidate.”.

(e) omit paragraph (11);

(f) in paragraph (12)—

(i) in sub-paragraph (a) omit “by only two candidates”;

(ii) in sub-paragraph (b) for “of them” substitute “candidate”;

(g) for paragraph (13) substitute—

“(13) Where, after the counting of the votes (including any re-count) is completed, an equality of votes is found to exist between any candidates and the addition of a vote would entitle any of those candidates to be returned as mayor, the combined authority returning officer must forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.”;

(h) omit paragraphs (14) and (15);

(i) in paragraph (16)—

(i) in sub-paragraph (b) omit “first preference” and insert “and” at the end;

(ii) omit sub-paragraph (d) and the “and” that precedes it.

(13) In rule 60 (return or forfeiture of candidate’s deposit)—

(a) in paragraph (4) omit “first”;

(b) in paragraph (5) omit “first” and “first preference”.

(14) In Part 9 (appendix of forms)—

(a) in the list of forms—

(i) in Form 3 omit “(two candidates)”;

(ii) omit Form 4;

(b) for Form 3 substitute Form 3 set out in Schedule 2 to this Order;

(c) omit Form 4;

(d) for Forms 7(1) and 7(2) substitute Form 7(1) and 7(2) set out in Schedule 2 to this Order.

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

Lee Rowley

Parliamentary Under Secretary of State

Department for Levelling Up, Housing and Communities

12th December 2022

Article 3(15)

SCHEDULE 1 Forms to be substituted in Schedule 1 to the Combined Authorities (Mayoral Elections) Order 2017

Form 3 – Ballot paper

  

  

  

  

Form 7 – Postal voting statement

  

  

Article 5(14)

SCHEDULE 2

Form 3 – Ballot paper

  

  

  

  

Form 7(1) – Postal voting statement

  

  

Form 7(2) – Postal voting statement

  

  

EXPLANATORY NOTE

(This note is not part of the Order)

The Combined Authorities (Mayoral Elections) Order 2017 (S.I. 2017/67) makes provision for the conduct of elections of combined authority mayors.

Section 13 of the Elections Act 2022 changes the voting system at elections for combined authority mayors in England from the supplementary vote system to the simple majority vote system, also known as “first past the post”. As a consequence of the amendments made by that section to the Local Democracy, Economic Development and Construction Act 2009 the secondary legislation setting out the rules for the conduct of elections for combined authority mayors requires amending. This Order amends the 2017 Order Rules to replace provisions relating to the supplementary vote system for the election of combined authority mayors with provisions which will provide for the simple majority vote system for those elections. It also makes minor amendments to various references to the combined authority returning officer to ensure consistency.

An impact assessment has been produced for the Elections Act 2022 including an Addendum on the “first past the post” provision. No, or no significant, impact on business, charities or the public or voluntary sector is foreseen. Copies can be obtained at https://bills.parliament.uk/bills/3020/publications or from the Department for Levelling Up, Housing and Communities, 2 Marsham Street, London SW1P 4DF.

(1)

2009 c. 20. Section 117 was amended, and Schedule 5B inserted, by the Cities and Local Government Devolution Act 2016 (c. 1).

(2)

See section 37 of the Representation of the People Act 1983 (c. 2) for the meaning of “ordinary day of election”.

(3)

S.I. 2017/67. Relevant amendments were made by S.I. 2019/350.