The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations re-enact Regulations made in 2002 (“the 2002 Regulations”) to make provision for the conduct of elections of mayors of county, district and London borough councils (in England) and county and county borough councils (in Wales) under the Local Government Act 2000 (c. 2) (“the 2000 Act”).

The principal changes made to the 2002 Regulations are to implement the changes made by the Electoral Administration Act 2006 (c. 22) (“the 2006 Act”) for mayoral elections.

Regulation 3 and Schedules 1 and 2 provide for the conduct of a mayoral election. The changes which reflect the 2006 Act are summarised at the end of this note.

The Mayoral Elections Rules as contained in Schedule 1 are similar to those which apply in relation to the election of councillors at local authority elections. They apply when the mayoral election is not combined with any other poll. However, each candidate’s nomination paper must be subscribed by 30 electors, and a deposit of £500 must be paid. If there are three or more mayoral candidates, the elected mayor will be returned under the supplementary vote system, for which provision is made in section 42(3) of, and Schedule 2 to, the 2000 Act. (The supplementary vote system is also used for the election of the Mayor of London under the Greater London Authority Act 1999 where there are three or more candidates.)

Regulation 3 and Schedule 2 also apply other electoral legislation, with modifications, to facilitate the conduct of mayoral elections. The reference in the 2002 Regulations to the Political Parties, Elections and Referendums Act 2000 (c. 41) was unnecessary and in consequence has been omitted from these Regulations.

Regulation 4 makes provision for the rules for the conduct of mayoral elections to be modified when combined with other polls. The rules for conducting such elections are again set out in full (the Mayoral Elections (Combination of Polls) Rules), in Schedule 3.

Regulation 5 provides for mayoral elections to be questioned using the same procedures (in Part 3 of the Representation of the People Act 1983 (c. 3)) that apply to the questioning of local authority elections.

Regulation 6 and Schedule 4 provide for the free delivery of election addresses. The provisions are generally comparable to those that apply at Greater London Authority elections. Candidates at mayoral elections who wish to have their election addresses included in the election booklet prepared and distributed by the returning officer are required to pay a contribution of such reasonable amount as the returning officer may determine towards the expenses incurred by the returning officer in printing the election booklet.

The provisions of the Mayoral Elections Rules and the Mayoral Elections (Combination of Polls) Rules (collectively, “the Rules”) which reflect changes made by the 2006 Act include the following.

The Rules reflect changes made to nomination procedures. Candidates may use their common names on nomination forms and papers. The rules on the use of authorised descriptions by candidates standing on behalf of registered political parties are amended to reflect amendments made to the Political Parties, Elections and Referendums Act 2000 (c. 41) (in sections 28A and 28B). Returning officers will be able to correct minor errors on nomination papers.

The Rules reflect new security measures introduced by the 2006 Act. Security markings on ballot papers are provided for; so too are unique identifying marks. Counterfoils on ballot papers are replaced by corresponding number lists. Requirements are imposed requiring postal voters and postal proxies to provide both their signature and date of birth when returning postal ballot papers.

The Rules reflect alterations as to the circumstances in which a person may give a tendered vote. New requirements are introduced as to the information and accessibility of information to be provided by returning officers to electors.

The Rules reflect changes made as to the persons who may be admitted to a polling station and the count to observe elections.

Amendments are made to provide for transmission of information to a presiding officer of alterations to the electoral register taking effect on the day of the poll. Amendments consequential upon the introduction of a scheme for the anonymous registration of certain electors are made.

The Rules reflect changes made regarding the retention and inspection of election documents after the poll.

The new forms which are appended to the Rules reflect the changes made by the 2006 Act.