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The Combined Authorities (Mayoral Elections) Order 2017

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PART 3U.K.Stages common to contested and uncontested elections

Notice of Election and provision of information to calculate election expense limitsU.K.

5.—(1) The [F1CA/CCA] returning officer must publish notice of the election stating—

(a)the place and times at which nomination papers are to be delivered, and

(b)the date of the poll in the event of a contest,

and the notice must state that forms of nomination papers may be obtained at that place and those times.

(2) The notice of election must also state the arrangements which apply for the payment of the deposit required by rule 10 to be made by means of the electronic transfer of funds.

(3) The notice of election must state the date by which—

(a)applications to vote by post or by proxy, and

(b)other applications and notices about postal or proxy voting,

must reach the registration officer in order that they may be effective for the election.

(4) Paragraphs (5) and (6) apply for the purposes of enabling persons to calculate the limitation of election expenses in accordance with section 76 of the Representation of the People Act 1983 (as modified by paragraph 1(21) of Schedule 2 to this Order).

(5) The [F2CA/CCA] returning officer must calculate the total number of entries in the register of electors to be used at the election as it has effect on the last day for publication of notice of the election in accordance with rule 3 and must, on written request, provide that information together with the total number of constituent councils.

(6) The information referred to in paragraph (5) must be provided as soon as practicable after the written request is received.

Textual Amendments

Nomination of candidatesU.K.

6.—(1) Each candidate must be nominated by a separate nomination paper.

(2) A nomination paper must be in the appropriate form in the Appendix or a form to the like effect and shall be delivered at the place fixed for the purpose by the [F3CA/CCA] returning officer.

(3) F4...A nomination paper must state the candidate's—

(a)full names, [F5and]

F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)if desired, description,

and the surname must be placed first in the list of names.

[F7(4) If a candidate—

(a)commonly uses a surname that is different from any other surname the candidate has,

(b)commonly uses a forename that is different from any other forename the candidate has, or

(c)otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (3)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (3)(a).]

(5) The description (if any) can only be—

(a)one authorised as mentioned in rule 7(1) or (3), or

(b)the word “Independent”.

[F8(6) The nomination paper must be accompanied by a form (in these Rules referred to as the “home address form”) which states—

(a)the candidate’s—

(i)full names,

(ii)home address in full, and

(iii)qualifying address or, if the candidate declares they are qualified by more than one of the qualifications mentioned in paragraph (9), qualifying addresses;

(b)the attesting person’s—

(i)full names, and

(ii)home address in full.

Provision in paragraph (2) about delivery of the nomination paper applies also to the home address form.

(7) The home address form—

(a)may contain a statement made and signed by the candidate that the candidate requires their home address not to be made public, and

(b)if it does so, must—

(i)if that address is in the United Kingdom, state the relevant area;

(ii)if that address is outside the United Kingdom, state the country within which it is situated.

(8) The home address form must also state, in relation to each qualifying address, which of the qualifications mentioned in paragraph (9) that address relates to.

(9) In this rule, “qualifying address”, in relation to a candidate, means—

(a)if the candidate declares in their consent to nomination that they are qualified to be elected as mayor by virtue of being registered as a local government elector at a particular address, that address;

(b)if the candidate declares in that consent that they are qualified to be elected as mayor by virtue of owning or occupying land or other premises in a particular area, a description and the address of that land or those premises;

(c)if the candidate declares in that consent that they are qualified to be elected as mayor by virtue of their principal or only place of work being in a particular area, the address in full of that place of work;

(d)if the candidate declares in that consent that they are qualified to be elected as mayor by virtue of residing in a particular area, the address, or addresses, in full at which the candidate has so resided.

(10) In this rule—

“attesting person”, in relation to a candidate, means the person who attests the candidate’s consent to nomination in accordance with rule 9(1)(c);

“relevant area”—

(a)

in relation to a home address which is in England, means—

(i)

if it is within a district for which there is a district council, that district;

(ii)

if it is within a county in which there are no districts with councils, that county;

(iii)

if it is within a London borough, that London borough;

(iv)

if it is within the City of London (including the Inner and Middle Temples), the City of London;

(v)

if it is in the Isles of Scilly, the Isles of Scilly;

(b)

in relation to a home address which is in Wales, means—

(i)

if it is within a county, that county;

(ii)

if it is within a county borough, that county borough;

(c)

in relation to a home address in Scotland, means the local government area in which it is situated;

(d)

in relation to a home address in Northern Ireland, means the local government district in which it is situated.]

Textual Amendments

F5Word in Sch. 1 rule 6(3)(a) inserted (23.2.2019) by virtue of The Combined Authorities (Mayoral Elections) (Amendment) Order 2019 (S.I. 2019/350), arts. 1, 5(2)(a)(ii) (with arts. 3, 4)

F6Sch. 1 rule 6(3)(b) and word omitted (23.2.2019) by virtue of The Combined Authorities (Mayoral Elections) (Amendment) Order 2019 (S.I. 2019/350), arts. 1, 5(2)(a)(iii) (with arts. 3, 4)

F8Sch. 1 rule 6(6)-(10) substituted for Sch. 1 rule 6(6)-(8) (23.2.2019) by The Combined Authorities (Mayoral Elections) (Amendment) Order 2019 (S.I. 2019/350), arts. 1, 5(2)(b) (with arts. 3, 4)

Nomination papers: name of registered political partyU.K.

7.—(1) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with a registered political party unless the party is a qualifying party in relation to the electoral area and the description is authorised by a certificate—

(a)issued by or on behalf of the registered nominating officer of the party, and

(b)received by the [F9CA/CCA] returning officer before the last time for the delivery of nomination papers set out in the Timetable in rule 3.

(2) In paragraph (1) an authorised description may be either—

(a)the name of the party registered under section 28 of the Political Parties, Elections and Referendums Act 2000 M1, or

(b)a description of the party registered under section 28A of that Act.

(3) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with two or more registered political parties unless the parties are each qualifying parties in relation to the electoral area and the description is a registered description authorised by a certificate—

(a)issued by or on behalf of the registered nominating officer of each of the parties, and

(b)received by the [F10CA/CCA] returning officer before the last time for the delivery of nomination papers set out in the Timetable in rule 3.

(4) For the purposes of paragraph (3), a description is a registered description if it is a description registered for use by the parties under section 28B of the Political Parties, Elections and Referendums Act 2000.

(5) A person shall be guilty of a corrupt practice if that person fraudulently purports to be authorised to issue a certificate under paragraph (1) or (3) on behalf of a registered political party's nominating officer.

(6) For the purposes of the application of this rule in relation to an election—

(a)“registered political party” means a party which was registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at that election;

(b)a registered political party is a qualifying party in relation to an electoral area if the party was on the relevant day registered in respect of that part of Great Britain in the Great Britain register maintained under that Part of that Act.

(7) For the purposes of paragraph (6)(a), any day falling within rule 4(1) must be disregarded.

Textual Amendments

Marginal Citations

Subscription of nomination paperU.K.

8.—(1) Subject to [F11paragraph (2)], the nomination paper must be subscribed by two electors as proposer and seconder, and [F12subscribed as assented to by that number of other electors as calculated in accordance with paragraph (1A)].

[F13(1A) The number of other electors which must subscribe a nomination paper is—

  • 2C – 2

  • where C is the number of relevant constituent councils.]

(2) The subscribers referred to in paragraph (1) must include at least [F142] local government electors in respect of each relevant constituent council.

F15(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where a nomination paper has the signatures of more than the required number of persons as proposing, seconding or assenting to the nomination of a candidate, the signature or signatures (up to the required number) appearing first on the paper in each category must be taken into account to the exclusion of any others in that category.

(5) The nomination paper must give the electoral number M2 of each person subscribing it.

(6) The [F16CA/CCA] returning officer—

(a)must supply any elector with as many forms of nomination paper and forms of consent to nomination as may be required at the place and during the time for delivery of nomination papers, and

(b)must at any elector's request prepare a nomination paper for signature,

but it is not necessary for a nomination or consent to nomination to be on a form supplied by the [F16CA/CCA] returning officer.

(7) In this rule—

[F17“elector” means a person entitled to vote as an elector at the [F18CA/CCA] mayoral election and who is registered in the register of local government electors on the last day for the publication of notice of the election; and includes a person then shown in the register as below voting age if (but only if) it appears from the register that the person will be of voting age on the day fixed for the poll;]

[F19“local government elector” means a person who is registered in the register of local government electors at an address within the constituent council’s area on the last day for the publication of the notice of election; and includes a person then shown in the register as below voting age if (but only if) it appears from the register that the person will be of voting age on the day fixed for the poll;]

[F20“relevant constituent council”—

(a)

in relation to a combined authority, means a district council which is a constituent council, or in the case of an area for which there is no district council, the county council, and

(b)

in relation to a combined county authority, means a constituent council.]

(8) But, in this rule, “elector” does not include a person who has an anonymous entry in the register of local government electors.

Textual Amendments

F17Words in Sch. 1 rule 8(7) substituted (10.1.2018) by The Combined Authorities (Mayoral Elections) (Amendment) Order 2018 (S.I. 2018/19), arts. 1(2), 2(2)(a) (with art. 1(3))

F19Words in Sch. 1 rule 8(7) substituted (10.1.2018) by The Combined Authorities (Mayoral Elections) (Amendment) Order 2018 (S.I. 2018/19), arts. 1(2), 2(2)(b) (with art. 1(3))

Marginal Citations

M2See section 9(3) of the Representation of the People Act 1983 (c. 2) for meaning of “electoral number”.

Consent to nominationU.K.

9.—(1) A person shall not be validly nominated unless his or her consent to nomination—

(a)is given in writing, on or within one month before the last day for the delivery of nomination papers,

(b)[F21where the election is a combined authority mayoral election,] is in the appropriate form in the Appendix or a form to the like effect and includes a copy of paragraph 9 [F22and 9A] of Schedule 5B to the 2009 Act, section 34 of the Localism Act 2011 M3 [F23, section 30 of the Elections Act 2022] and, where the combined authority mayor is to exercise functions of a police and crime commissioner in accordance with an order made under Schedule 5C to the 2009 Act, sections 64 to 68 of the Police Reform and Social Responsibility Act 2011 M4,

[F24(ba)where the election is a combined county authority mayoral election, is in the appropriate form in the Appendix or a form to the like effect and includes a copy of paragraphs 8 and 9 of Schedule 2 to the 2023 Act, section 34 of the Localism Act 2011, section 30 of the Elections Act 2022 and, where the combined county authority mayor is to exercise functions of a police and crime commissioner in accordance with regulations made under Schedule 3 to the 2023 Act, sections 64 to 68 of the Police Reform and Social Responsibility Act 2011,]

(c)is attested by one witness, and

(d)is delivered at the place and within the time for the delivery of nomination papers.

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

DepositsU.K.

10.—(1) A person shall not be validly nominated unless the sum of £5000 is deposited by that person or on that person's behalf, with the [F25CA/CCA] returning officer at the place and within the time for delivery of nomination papers.

(2) The deposit may be made either—

(a)by the deposit of any legal tender, or

(b)by means of a banker's draft, or

(c)with the [F25CA/CCA] returning officer's consent, in any other manner (including by means of a debit or credit card or the electronic transfer of funds),

but the [F25CA/CCA] returning officer may refuse to accept a deposit sought to be made by means of a banker's draft if the [F25CA/CCA] returning officer does not know that the drawer carries on business as a banker in the United Kingdom.

(3) Where the deposit is made on behalf of the candidate, the person making the deposit must at the time it is made give his or her name and address to the [F25CA/CCA] returning officer (unless they have previously been given to the [F25CA/CCA] returning officer under section 67 M5 (appointment of election agent) of the 1983 Act.

Textual Amendments

Marginal Citations

M5Section 67 was amended by the Greater London Authority Act 1999 (c. 29), section 17 and Schedule 3 and by the Representation of the People Act 1985 (c. 50), section 24 and Schedule 4.

Place for delivery of nomination papers and right to attend nominationU.K.

11.—(1) The [F26CA/CCA] returning officer must fix the place in the area of the combined authority [F27or, as the case may be, combined county authority,] at which nomination papers are to be delivered to that officer, and must attend there during the time for their delivery and for the making of objections to them.

(2) Except for the purpose of delivering a nomination paper or of assisting the [F28CA/CCA] returning officer, no other person is entitled to attend the proceedings during the time for delivery of nomination papers or for making objections to them unless that person is—

(a)a person standing nominated as a candidate, or

(b)the election agent, proposer or seconder of such a person, or

(c)a person who is entitled to attend by virtue of section 6A or 6B of the Political Parties and Referendums Act 2000 Act M6.

(3) Where a candidate is the candidate's own election agent, the candidate may name one other person and that person is entitled to attend in place of the election agent.

(4) Where a person stands nominated by more than one nomination paper, only the persons subscribing as proposer and seconder—

(a)to such one of those papers as the candidate may select, or

(b)in default of such a selection, to that one of those papers which is first delivered,

are entitled to attend as the person's proposer and seconder.

(5) The right to attend conferred by this rule includes the right—

(a)to inspect, and

(b)to object to the validity of,

any nomination paper [F29and associated home address form].

(6) Paragraph (5) does not apply to a person mentioned in paragraph (2)(c).

(7) One other person chosen by each candidate is entitled to be present at the delivery of the candidate's nomination, and may afterwards (so long as the candidate stands nominated) attend the proceedings referred to in paragraph (2) but without the right referred to in paragraph (5).

[F30(8) The [F31CA/CCA] returning officer must not permit a home address form to be inspected otherwise than in accordance with this rule, or for some other purpose authorised by law.]

Textual Amendments

Marginal Citations

M62000 c. 41. Section 6A and 6B were inserted by section 29 of the Electoral Administration Act 2006 (c.22). Section 6A(5) was amended by paragraph 10 of Schedule 10 to the Police Reform and Social Responsibility Act 2011 (c.13) and by S.I. 2007/1388.

Decisions as to validity of nomination papers [F32and home address forms] U.K.

12.—(1) Where a nomination paper and the candidate's consent to nomination [F33and home address form] are delivered in accordance with these Rules, the candidate shall be deemed to stand nominated unless and until—

(a)the [F34CA/CCA] returning officer decides that the nomination paper is invalid, or

[F35(b)the [F34CA/CCA] returning officer decides that the candidate’s home address form—

(i)does not comply with the requirements of rule 6(6) or (8), or

(ii)if the form contains a statement under rule 6(7)(a), does not comply with the signature requirement in that rule or the requirements of rule 6(7)(b), or]

(c)proof is given to the [F34CA/CCA] returning officer's satisfaction of the candidate's death, or

(d)the candidate withdraws.

(2) The [F34CA/CCA] returning officer is entitled to hold the nomination paper of a person invalid only on one of the following grounds—

(a)that the particulars of the candidate or of the persons subscribing the paper are not as required by law, F36...

(b)that the paper is not subscribed as so required,

[F37(c)that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.]

(3) Subject to paragraph (4), the [F34CA/CCA] returning officer must, as soon as practicable after each [F38nomination paper and home address form have] been delivered, examine [F39them] and decide whether the candidate has been validly nominated.

(4) If in the [F34CA/CCA] returning officer's opinion a nomination paper breaks rule 7(1) or (3), the [F34CA/CCA] returning officer must give a decision to that effect—

(a)as soon as practicable after the delivery of the nomination paper, and

(b)in any event, before the end of the period of 24 hours starting with the last time for delivery of nomination papers set out in the Timetable in rule 3.

(5) Where the [F34CA/CCA] returning officer decides that a nomination paper is invalid, the [F34CA/CCA] returning officer must endorse and sign on the paper the fact and the reasons for that decision.

(6) The [F34CA/CCA] returning officer must send notice of the decision that a nomination paper is valid or invalid to each candidate at the candidate's home address as given in the [F40home address form].

(7) The [F34CA/CCA] returning officer's decision that a nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.

(8) Subject to paragraph (7), nothing in this rule prevents the validity of a nomination being questioned on an election petition.

Textual Amendments

Publication of statement of persons nominatedU.K.

13.—(1) The [F41CA/CCA] returning officer must prepare and publish a statement showing the persons who have been and stand nominated and any other persons who have been nominated, with the reason why they no longer stand nominated.

(2) The statement must show the names, addresses and descriptions of the persons nominated as given in their nomination papers [F42and home address forms].

(3) If a person's nomination paper gives a commonly used surname or forename [F43in accordance with rule 6(4)], the statement must show the person's commonly used surname or forename (as the case may be) instead of [F44the other surname or forename].

(4) Paragraph (3) does not apply if the [F41CA/CCA] returning officer thinks—

(a)that the use of the person's commonly used name may be likely to mislead or confuse electors, or

(b)that the commonly used name is obscene or offensive.

(5) If paragraph (4) applies, the [F41CA/CCA] returning officer must give notice in writing to the candidate of the [F41CA/CCA] returning officer's reasons for refusing to allow the use of a commonly used name.

(6) The statement must show the persons standing nominated arranged alphabetically in the order of their surnames, and if there are two or more of them with the same surname, of their other names.

(7) In the case of a person nominated by more than one nomination paper, the [F41CA/CCA] returning officer must take the particulars required by the foregoing provisions of this rule from such one of the papers as the candidate (or the [F41CA/CCA] returning officer in default of the candidate) may select.

(8) In relation to a nominated person in whose case the [F45home address form] (or, if the person is nominated by more than one nomination paper, any of the [F46home address forms]) contains—

(a)the statement mentioned in rule 6(7)(a), and

(b)the information mentioned in rule 6(7)(b),

the reference in paragraph (2) to the person's address shall be read as a reference to the information mentioned in rule 6(7)(b).

(9) Where—

(a)two or more of the names shown on the statement are the same or so similar as to be likely to cause confusion,

(b)the statement mentioned in rule 6(7)(a) has been made in relation to each of the persons in question, and

(c)the information mentioned in rule 6(7)(b) is the same for each of them,

the [F41CA/CCA] returning officer may cause any of their particulars to be shown on the statement with such amendments or additions as the officer thinks appropriate in order to reduce the likelihood of confusion.

[F47(10) Where it is practicable to do so before the publication of the statement, the [F41CA/CCA] returning officer must consult any person whose particulars are to be amended or added to under paragraph (9).

(11) The [F41CA/CCA] returning officer must give notice in writing to any person whose particulars are amended or added to under paragraph (9).

(12) Anything done by a [F41CA/CCA] returning officer in pursuance of paragraph (9) must not be questioned in proceedings other than proceedings on an election petition.

(13) A [F41CA/CCA] returning officer must have regard to any guidance issued by the Electoral Commission for the purposes of paragraph (9).]

Textual Amendments

Correction of minor errorsU.K.

14.—(1) The [F48CA/CCA] returning officer may, if he or she thinks fit, at any time before the publication under rule 13 of the statement of persons nominated, correct minor errors in a nomination paper [F49or home address form].

(2) Errors which may be corrected include—

(a)errors as to a person's electoral number,

(b)obvious errors of spelling in relation to the details of a candidate.

[F50(c)errors as to the information mentioned in rule 6(7)(b).]

(3) Anything done by the [F48CA/CCA] returning officer in pursuance of this rule shall not be questioned in any proceedings other than proceedings on an election petition.

(4) The [F48CA/CCA] returning officer must have regard to any guidance issued by the Electoral Commission for the purposes of this rule.

Textual Amendments

Withdrawal of candidatureU.K.

15.—(1) A candidate may withdraw their candidature by notice of withdrawal—

(a)signed by the candidate and attested by one witness, and

(b)delivered to the [F51CA/CCA] returning officer at the place for delivery of nomination papers.

(2) Where a candidate is outside the United Kingdom, a notice of withdrawal signed by the candidate's proposer and accompanied by a written declaration also so signed of the candidate's absence from the United Kingdom shall be of the same effect as a notice of withdrawal signed by the candidate; but where the candidate stands nominated by more than one nomination paper a notice of withdrawal under this paragraph shall be effective if, and only if—

(a)it and the accompanying declaration are signed by all the proposers except any who is, and is stated in that declaration to be, outside the United Kingdom, or

(b)it is accompanied, in addition to that declaration, by a written statement signed by the candidate that the proposer giving the notice is authorised to do so on the candidate's behalf during his absence from the United Kingdom.

Textual Amendments

Method of electionU.K.

16.  If, after any withdrawals under rule 15—

(a)[F52two] or more candidates remain validly nominated, a poll shall be taken in accordance with [F53Part 4] of these Rules,

F54(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)only one candidate remains validly nominated, that person shall be declared to be elected in accordance with Part 6.

Textual Amendments

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