The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023

Statutory Instruments

2023 No. 1141

COUNCIL TAX, ENGLAND

LOCAL GOVERNMENT, ENGLAND

POLICE, ENGLAND AND WALES

REPRESENTATION OF THE PEOPLE

TOWN AND COUNTRY PLANNING, ENGLAND

The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023

Made

25th October 2023

Coming into force in accordance with regulation 1(2) and (3)

The Secretary of State makes these Regulations in exercise of the powers conferred by paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990(1), sections 52ZQ and 113(1) and (2) of the Local Government Finance Act 1992(2), sections 9HE(1), 9MG(2) and (3) and 105(2) of the Local Government Act 2000(3), section 117(1A) of, and paragraphs 3 and 12(1) of Schedule 5B to, the Local Democracy, Economic Development and Construction Act 2009(4), sections 58(1) (including as extended by section 26(3) of the Welsh Language Act 1993(5)) and 154(5) of the Police Reform and Social Responsibility Act 2011(6) and section 18(1) of the Recall of MPs Act 2015(7).

The Secretary of State has consulted the Electoral Commission in accordance with paragraph 16(5) of Schedule 4B to the Town and Country Planning Act 1990, section 52ZQ(6) of the Local Government Finance Act 1992, section 9HE(4) of the Local Government Act 2000, section 7(1) and (2)(hc) and (k) of the Political Parties, Elections and Referendums Act 2000(8) and paragraph 12(4) of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009.

A draft of these Regulations has been laid before, and approved by resolution of, each House of Parliament in accordance with section 333(3A) of the Town and Country Planning Act 1990(9), section 52ZQ(7) of the Local Government Finance Act 1992, section 105(6) of the Local Government Act 2000, section 117(2) of the Local Democracy, Economic Development and Construction Act 2009(10), section 154(2)(b) of the Police Reform and Social Responsibility Act 2011(11) and section 21(6) of the Recall of MPs Act 2015.

(1)

1990 c. 8. Schedule 4B was inserted by section 116(2) of, and Schedule 10 to, the Localism Act 2011 (c. 20) and amended by S.I. 2013/2597, 2021/1265.

(2)

1992 c. 14. Section 52ZQ was inserted by section 72(1) of, and Schedule 5 to, the Localism Act 2011 and amended by S.I. 2021/1265. Section 113(1) and (2) was amended by paragraph 9 of Schedule 1 to the Local Government Act 1999 (c. 27), by paragraph 52 of Schedule 7 to the Local Government Act 2003 (c. 26), by section 80 of the Localism Act 2011 and by S.I. 2013/2597, 2015/1376, 2016/997, 2021/1265.

(3)

2000 c. 22. Sections 9HE and 9MG were inserted by paragraph 1 of Schedule 2 to the Localism Act 2011 and were amended by S.I. 2013/2597, 2021/1265. Section 105 was amended by paragraph 14(1) and (2) of Schedule 3 to the Local Government Act 2003 (c. 26), by paragraph 70 of Schedule 3, and paragraph 52 of Schedule 4, to the Localism Act 2011 and by S.I. 2013/2597, 2018/644, 2021/1265.

(4)

2009 c. 20. Schedule 5B was inserted by section 2(2) of, and Schedule 1 to, the Cities and Local Government Devolution Act 2016 (c. 1). Paragraphs 3 and 12 were amended by S.I. 2021/1265, and paragraph 12 was amended by section 2(2) of the Local Government (Disqualification) Act 2022 (c. 17).

(5)

1993 c. 38.

(6)

2011 c. 13.

(7)

2015 c. 25. See section 22(1) (as amended by S.I. 2016/997) for the meaning of “the Minister”.

(8)

2000 c. 41. Section 7(2)(hc) was inserted by paragraph 11 of Schedule 10 to the Police Reform and Social Responsibility Act 2011. Section 7(2)(k) was inserted by paragraph 3(1) and (6) of Schedule 6 to the Recall of MPs Act 2015.

(9)

Section 333(3A) was inserted by paragraph 22(3) of Schedule 12 to the Localism Act 2011 (c. 20).

(10)

Section 117(2) was substituted by section 13(2) of the Localism Act 2011.

(11)

2011 c. 13.