The Elections Act 2022 (Commencement No. 3 and Saving Provision) Regulations 2022

Statutory Instruments

2022 No. 1093 (C. 86)

Representation Of The People, England And Wales

Local Government, England And Wales

London Government

Police, England And Wales

The Elections Act 2022 (Commencement No. 3 and Saving Provision) Regulations 2022

Made

25th October 2022

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 67(1) and (4) of the Elections Act 2022(1):

Citation and interpretation

1.—(1) These Regulations may be cited as the Elections Act 2022 (Commencement No. 3 and Saving Provision) Regulations 2022.

(2) In these Regulations “the Act” means the Elections Act 2022.

Provisions coming into force on 26th October 2022

2.  Section 13 of the Act comes into force on 26th October 2022.

Saving provision

3.  The amendments made by section 13 of the Act do not apply in relation to any election 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).

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

Andrew Stephenson

Parliamentary Under Secretary of State

Department for Levelling Up, Housing and Communities

25th October 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are the third set of commencement regulations made under the Elections Act 2022 (c. 37). Regulation 2 brings into force section 13 of that Act, which amends the existing primary legislation providing for the election of Police and Crime Commissioners (PCCs) in England and Wales, and the election of the Mayor of London, combined authority mayors and local authority mayors in England, to change the voting system from the Supplementary Vote (SV) system to the Simple Majority system, also known as “First Past the Post”.

Regulation 2 provides for the coming into force of these Regulations on 26th October 2022, while regulation 3 sets out that these Regulations will not have effect in relation to an election where the date of the poll specified in the notice of election is before the ordinary day of local election in 2023 (as determined in accordance with section 37 of the Representation of the People Act 1983 (c. 2)).

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.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the Elections Act 2022 have been brought into force by commencement regulations made before the date of these Regulations.

Provision	Date of Commencement	S.I. No.
Sections 1 (partially), 2 (partially) and 12 (partially)	27.08.22	2022/916
Sections 16 to 19	19.08.22	2022/908
Schedule 1, paragraphs 1 (partially), 2 (partially), 3 (partially), 5 (partially), 6 (partially), 10 (partially), 11 (partially), 15 (partially), 17 (partially), 24 (partially), 30 and 32 (partially)	27.08.22	2022/916
Schedule 2, paragraphs 1 to 11, 14 (partially)	27.08.22	2022/916
Schedule 6, paragraph 30 (partially)	27.08.22	2022/916

(1)

2022 c. 37.

(2)

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