The Police and Crime Commissioner Elections Order 2012

The central calculation U.K.

Attendance at the central calculation U.K.

58.—(1) The police area returning officer—

(a) must make arrangements for the making of the calculation under rule 59 in the presence of the election agents, and

(b) must give to those agents notice in writing of the time and place at which the calculation will begin.

(2) No person other than—

(a) the police area returning officer and the officer's clerks;

(b) the local returning officers and a clerk chosen by each of them;

(c) the candidates and one person chosen by each of them;

(d) the election agents;

(e) persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act,

may be present at a calculation, unless permitted by the police area returning officer to attend.

(3) A person not entitled to attend a calculation must not be permitted to do so by the police area returning officer unless the officer—

(a) is satisfied that the efficiency of the calculation will not be impeded, and

(b) has either consulted the election agents or thought it impracticable to do so.

The F1 ... calculation and resolution of equality U.K.

59.— [F2 (1) As soon as the police area returning officer has received the information required by rule 57 from every local returning officer, the police area returning officer must ascertain the total number of votes given in the police area to each candidate.]

(2) As soon as the police area returning officer has ascertained the result of the calculation, the officer must inform such of the election agents as are then present of the relevant figures and must give them a reasonable opportunity to satisfy themselves as to the accuracy of the calculation.

(3) A person informed of the relevant figures under paragraph (2) may require the police area returning officer to make a calculation again but the officer may refuse to do so if in the officer's opinion the request is unreasonable.

[F3 (4) In paragraphs (2) and (3), “the relevant figures” means the total number of votes given in the police area for each candidate.]

F4 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) F5 ... The person to be returned to the office of police and crime commissioner for the police area is the candidate to whom the majority of the votes is given.

[F6 (7) Where no single candidate receives a majority of the votes, and the highest number of votes is shared between two or more candidates who have received an equal number of votes, the police area returning officer must decide, by drawing lots, which of those candidates is to be returned to the office of police and crime commissioner for the police area.]

(8) In a case to which paragraph (6) or (7) applies, the declaration of the person to be returned to the office of police and crime commissioner for the police area must be made in accordance with rule 62.

Textual Amendments

F1 Word in Sch. 3 rule 59 heading omitted (21.12.2022) (with application in accordance with art. 1(2) of the amending S.I.) by virtue of The Police and Crime Commissioner Elections and Welsh Forms (Amendment) Order 2022 (S.I. 2022/1354), art. 5(11)(a)

F2 Sch. 3 rule 59(1) substituted (21.12.2022) (with application in accordance with art. 1(2) of the amending S.I.) by The Police and Crime Commissioner Elections and Welsh Forms (Amendment) Order 2022 (S.I. 2022/1354), art. 5(11)(b)

F3 Sch. 3 rule 59(4) substituted (21.12.2022) (with application in accordance with art. 1(2) of the amending S.I.) by The Police and Crime Commissioner Elections and Welsh Forms (Amendment) Order 2022 (S.I. 2022/1354), art. 5(11)(c)

F4 Sch. 3 rule 59(5) omitted (21.12.2022) (with application in accordance with art. 1(2) of the amending S.I.) by virtue of The Police and Crime Commissioner Elections and Welsh Forms (Amendment) Order 2022 (S.I. 2022/1354), art. 5(11)(d)

F5 Words in Sch. 3 rule 59(6) omitted (21.12.2022) (with application in accordance with art. 1(2) of the amending S.I.) by virtue of The Police and Crime Commissioner Elections and Welsh Forms (Amendment) Order 2022 (S.I. 2022/1354), art. 5(11)(e)

F6 Sch. 3 rule 59(7) substituted (21.12.2022) (with application in accordance with art. 1(2) of the amending S.I.) by The Police and Crime Commissioner Elections and Welsh Forms (Amendment) Order 2022 (S.I. 2022/1354), art. 5(11)(f)