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

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision relating to sections 8, 10 and 15 and Part 5 of the Elections Act 2022 (c. 37) (“the Act”).

Regulations 3, 4(4), 9 and 11 make provision to replicate the provision for “commonly used names” of candidates made by section 10 of the Act, including replacing the nomination paper, for other election types. These regulations also make provision to implement Part 5 of the Act (disqualification of offenders for holding elective office etc.) by enabling a returning officer to hold a candidate’s nomination paper invalid if the person submitting that nomination paper is subject to a disqualification order under section 30 of the Act, and by replacing the consent to nomination form with a new form which includes a declaration that a person is not disqualified by reason of a disqualification order. In addition the forms for local authority mayoral elections (both single and combined authorities) are amended to reflect the amended candidacy rights for EU citizens introduced by section 15 of the Act.

Regulations 4(3), 5(b), 6(b), 7(2)(b) and (3)(b) and 8(4) make provision to apply or replicate section 114A of the Representation of the People Act 1983 (introduced by section 8 of the Act) so that the new offence of undue influence applies to elections and referendums covered in these regulations.

Regulation 10 makes provision that ensures that the date of a vacancy in the office of a combined authority mayor is determined in accordance with section 31 of the Act if that vacancy has arisen as a result of a disqualification order.

Regulations 4(2), 5(a), 6(a), 7(2)(a) and (3)(a) and 8(2) and (3) make provision to apply the offences in the Ballot Secrecy Act 2023 (c. 12) to Police and Crime Commissioner elections and recall petitions as well as to local government, council tax and neighbourhood planning referendums.

Regulation 2 makes provision for the use of alternative forms of candidate’s consent to nomination (as set out in Schedule 1) for single authority and combined authority mayoral elections for which the date of poll specified in the notice of election is on or between 2nd and 6th May 2024, which reflects the period between the dates on which Part 5 of the Act and section 15 of the Act respectively take effect.

A full regulatory impact assessment has not been prepared as this instrument will have no, or no significant, impact on the private, voluntary or public sector.