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

Interpretation

2.—(1) In these Rules, unless the context indicates otherwise—

“the Appendix” means the Appendix to these Rules;

“Assembly constituency” shall have the meaning as in section 2(4) and (5) of the Greater London Authority Act 1999(1);

“candidate” means a candidate to be an elected mayor;

“the Combination of Polls Regulations” means the Representation of the People (Combination of Polls)(England and Wales) Regulations 2004(2);

“counting observer” shall have the same meaning as in regulation 2(1) of the Referendums Regulations;

“counting officer” shall have the same meaning as in regulation 2(1) of the Referendums Regulations;

“local counting area” shall have the same meaning as in regulation 2(1) of the European Parliamentary Elections Regulations 2004(3);

“petition organiser” shall have the same meaning as in regulation 3 of the Local Authorities (Referendums)(Petitions and Directions)(England) Regulations 2000(4);

“polling observer” shall have the same meaning as in regulation 2(1) of the Referendums Regulations;

“returning officer”, in relation to an election means—

(a)

the proper officer of the London borough concerned or, as the case may be, the person appointed as the returning officer for the election in accordance with subsection (1) or (1A) of section 35 (returning officers: local elections in England and Wales)(5) of the 1983 Act; and

(b)

any person appointed under subsection (4) of that section by a person of a description mentioned in paragraph (a);

“voting area” shall have the same meaning as in regulation 2 of the Referendums Regulations.

(2) In the case of a referendum, a reference to—

(a) a “candidate” shall be construed as a reference to a petition organiser;

(b) an “election agent” or a “counting agent” shall be construed as a reference to a counting observer;

(c) a “polling agent” shall be construed as a reference to a polling observer; and

(d) a “returning officer” shall be construed as a reference to a counting officer.

(3) Subject to paragraph (4), other expressions used both in these Rules and in the 1983 Act (as it applies to local government elections) have the same meaning in these Rules as they have in that Act.

(4) Where such expressions are used in relation to a mayoral election, they have the meaning as defined in regulation 2 or modified by regulation 3.

(1)

1999 c.29.

(2)

S.I. 2004/294, amended by S.I. 2006/3278.

(3)

S.I 2004/293.

(4)

S.I. 2000/2852.

(5)

Section 35(1) was amended; and section 35(1A) inserted, by the Local Government (Wales) Act 1994 (c.19), Schedule 16, paragraph 68(7). Subsections (1), (1A) and (3) of section 35 are modified, for the purposes of mayoral elections, by regulation 3(2) of, and Table 1 in Schedule 2 to, these Regulations. For the definition of “proper officer”, relevant to section 35(3), see section 202(1) of the Representation of the People Act 1983, as substituted by the Greater London Authority Act 1999, Schedule 3, and section 270 of the Local Government Act 1972 (c.70).