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(1) These Regulations may be cited as the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 and shall come into force on the day after the day on which they are made.
(2) These Regulations shall not extend to Scotland or Northern Ireland.
(1) For the purposes of these Regulations—
“ 1983 Act ” means the Representation of the People Act 1983;
“ 1985 Act ” means the Representation of the People Act 1985;
“ 2000 Act ” means the Local Government Act 2000;
“ 2001 Regulations ” means the Representation of the People (England and Wales) Regulations 2001 ;
...
“ 2009 Act ” means the Local Democracy, Economic Development and Construction Act 2009;
“2011 Act” means the Police Reform and Social Responsibility Act 2011;
“ 2023 Act ” means the Levelling-up and Regeneration Act 2023;
...
“ combined authority mayoral election ” means an election of a mayor for a combined authority under Part 6 of the 2009 Act;
“ combined county authority mayoral election ” means an election for a mayor for a combined county authority under Chapter 1 of Part 2 of the 2023 Act;
“ GLRO ” means the Greater London Returning Officer, being the person who is for the time being the proper officer of the Greater London Authority for the purposes of section 35(2C) of the 1983 Act ;
“mayoral election” means an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 ; and
“PCC election” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the 2011 Act;
“referendum” means a referendum conducted under the Local Authorities (Conduct of Referendums) (England) Regulations 2012 .
(2) In the case of a referendum, a reference to a returning officer shall be construed as a reference to a counting officer, within the meaning of regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 .
The Representation of the People Regulations 1986 are hereby revoked.
(1) Where the poll at a parliamentary general election is taken together with the poll at another election or referendum under a relevant enactment—
(a) those functions of the returning officer at the poll at the other election or referendum which are specified in regulation 5 shall be discharged by the returning officer at the parliamentary election for such part of the ... local government area, voting area , police area , combined authority area or combined county authority area (as the case may be) as is situated in the parliamentary constituency; and
(b) only polling stations used for the parliamentary election shall be used for the other election or referendum.
(2) Where the above paragraph does not apply and the poll at an ordinary Authority election is taken together with the poll at another election or referendum under a relevant enactment—
(a) those functions of the returning officer at the poll at the other election or referendum which are specified in regulation 5 shall be discharged by the returning officer at the Authority election for such part of the ... local government area, voting area , police area , combined authority area or combined county authority area (as the case may be) as is situated in the area for which he acts; and
(b) only polling stations used for the Authority election shall be used for the poll at the other election or referendum.
(3) Where neither of the above paragraphs applies and the poll at an ordinary county council election is taken together with the poll at another election or referendum under a relevant enactment—
(a) those functions of the returning officer at the poll at the other election or referendum which are specified in regulation 5 shall be discharged by the returning officer at the county council election for such part of the ... local government area, voting area , police area , combined authority area or combined county authority area (as the case may be) as is situated in the county or county borough; and
(b) only polling stations used for the county council election shall be used for the poll at the other election or referendum.
(4) Where none the above paragraphs applies and the poll at an ordinary principal area council election (other than a county council election) is taken together with the poll at another election or referendum under a relevant enactment—
(a) those functions of the returning officer at the poll at the other election or referendum which are specified in regulation 5 shall be discharged by the returning officer at the principal area council election for such part of the ... local government area, voting area , police area , combined authority area or combined county authority area (as the case may be) as is situated in the principal area; and
(b) only polling stations used for the principal area council election shall be used for the poll at the other election or referendum.
(5) Where none of the above paragraphs applies and the poll at a mayoral election is taken together with the poll at an election under a relevant enactment—
(a) those functions of the returning officer at the poll at the other election which are specified in regulation 5 shall be discharged by the returning officer at the mayoral election for such part of the ... local government area , police area , combined authority area or combined county authority area (as the case may be) as is situated in the local government area as respects which the mayoral election is held; and
(b) only polling stations used for the mayoral election shall be used for the poll at the other election.
(6) Where none of the above paragraphs applies and the poll at a referendum is taken together with the poll at an election under a relevant enactment—
(a) those functions of the returning officer at the poll at the election which are specified in regulation 5 shall be discharged by the returning officer at the referendum for such part of the ... local government area , police area , combined authority area or combined county authority area (as the case may be) as is situated in the voting area; and
(b) only polling stations used for the referendum shall be used for the poll at the election.
(7) Where none of the above paragraphs applies and the poll at an ordinary parish or community council election is taken together with the poll at another election under a relevant enactment—
(a) those functions of the returning officer at the other election which are specified in regulation 5 shall be discharged by the returning officer at the parish or community council election for such part of the ... police area , combined authority area or combined county authority area as is situated in the area of the parish or community council; and
(b) only polling stations used for the parish or community council election shall be used for the poll at the other election.
(7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) Subject to paragraph (9), where the polls at an election and another election or referendum for related areas (within the meaning of section 15(3) of the 1985 Act) are taken together under section 15(2) of the 1985 Act (including by virtue of section 15(2) and (3) as applied by orders or regulations made under any of the listed provisions) —
(a) the returning officers for each election or referendum shall decide which returning officer shall discharge in the related area those functions of the other (or others) which are specified in regulation 5 ...; and
(b) the only polling stations which shall be used at each election or referendum are the polling stations used at the election or referendum for which the returning officer who discharges the functions referred to in sub-paragraph (a) above acts as returning officer.
(9) Where the polls at two or more elections or referendums are taken together other than under a relevant enactment, but one or more such polls are also taken together with the poll at another election or a referendum under a relevant enactment, paragraphs (1) to (7) above shall apply as if—
(a) each election (other than a mayoral election , a combined authority mayoral election or a combined county authority mayoral election ) were an ordinary election; and
(b) the polls at each election or referendum were taken together under a relevant enactment.
(10) In this regulation—
combined authority area” means the area of the combined authority established by an order under section 103 of the 2009 Act;
“ combined county authority area ” means the area of the combined county authority established by regulations made under section 9 of the 2023 Act;
“county council election” mean an election of councillors of a county or county borough;
“ the listed provisions ” means—
sections 52ZQ and 113 of the Local Government Finance Act 1992,
sections 9HE and 105, 9MG and 105 or 44 and 105 of the 2000 Act,
sections 58 and 154 of the 2011 Act;
section 117 of, and paragraph 12 of Schedule 5B to, the 2009 Act;
section 252 of, and paragraph 12 of Schedule 2 to the 2023 Act;
“ police area ” means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London);
“principal area” means any of the following—
a county, district or London borough in England, or
a county or county borough in Wales;
“principal area council election” means an election of councillors or London Borough councillors (as the case may be) of a principal area; and
“relevant enactment” means any of the following—
section 15(1) of the 1985 Act; or
section 36(3), ... (3AC) , or section 36B(1) of the 1983 Act ,
and includes a reference to each section as applied in orders or regulations made under any of the listed provisions;
(11) In this regulation, except the first reference in paragraph (8)(a), any reference to a returning officer which applies to—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) the returning officer at an Authority election, shall be construed as a reference to the constituency returning officer for the Assembly constituency in which the functions specified in regulation 5 are to be discharged,
(c) the returning officer at a PCC election, shall be construed as including a reference to the police area returning officer,
(d) the returning officer at a combined authority mayoral election shall be construed as including a reference to the combined authority returning officer,
(e) the returning officer at a combined county authority mayoral election must be construed as including a reference to the combined county authority returning officer.
(1) The functions referred to in regulation 4 are the functions conferred—
(a) at a parliamentary election by those rules in the parliamentary elections rules in Schedule 1 to the 1983 Act which are specified in paragraph (2);
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) at a local government election in England, by those rules in the rules made under section 36 of the 1983 Act which correspond to the rules specified in paragraph (2) );
(ca) at a local government election in Wales, by those rules in the rules made under section 36A of the 1983 Act which correspond to the rules specified in paragraph (2);
(d) at a mayoral election, by those rules in regulations made under sections 9HE and 105, or 44 and 105 of the 2000 Act which correspond to the rules specified in paragraph (2) ;
(e) at a mayoral referendum, by those rules in regulations made under sections 9MG and 105 of the 2000 Act which correspond to the rules specified in paragraph (2) ;
(f) at a PCC election, by those rules in an Order made under sections 58 and 154 of the 2011 Act which correspond to the rules specified in paragraph (2);
(g) at a combined authority mayoral election, by those rules in an order made under section 117 of, and paragraph 12 of Schedule 5B to, the 2009 Act which correspond to the rules specified in paragraph (2);
(h) at a combined county authority mayoral election, by those rules in regulations made under section 252 of, and paragraph 12 of Schedule 2 to, the 2023 Act which correspond to the rules specified in paragraph (2);
and, where the proceedings on the issue and receipt of postal ballot papers at more than one election or referendum are taken together under regulation 65 of the 2001 Regulations, the functions conferred by Part 5 of those Regulations .
(2) The rules referred to in paragraph (1) are—
(za) unless sub-paragraph (zb) applies, rule 19A (corresponding number list), to the extent that it relates to ballot papers to be provided in pursuance of rule 29(1);
(zb) where the proceedings on the issue and receipt of postal ballot papers at more than one election or referendum are taken together under regulation 65 of the 2001 Regulations, rule 19A (corresponding number list);
(a) rule 23(2) (notice of situation of polling stations etc) ;
(b) where the proceedings on the issue and receipt of postal ballot papers at more than one election or referendum are taken together under regulation 65 of the 2001 Regulations, rule 24 (postal ballot papers) ;
(c) rule 25 (provision of polling stations) ;
(d) rule 26(1) and (2) (appointment of presiding officers and clerks) to the extent that that rule concerns the appointment of presiding officers and clerks to assist them;
(e) rule 29 (equipment of polling stations) ;
(f) rule 31(a) (notification of requirement of secrecy at polling stations);
(fa) where the proceedings on the issue and receipt of postal ballot papers at more than one election or referendum are taken together under regulation 65 of the 2001 Regulations, rule 31A (return of postal ballot papers);
(g) rule 32(3) (signature of certificate as to employment);
(h) rule 33(2)(b) (authorisation to order removal of persons from polling station);
(i) in rule 45 (the count), paragraph (1), as substituted by paragraph 22 of Schedule 2, and paragraph (5) ; and
(j) where the proceedings on the issue and receipt of postal ballot papers at more than one election or referendum are taken together under regulation 65 of the 2001 Regulations, rule 45(1B)(d) (the count).
(3) In this regulation, references to regulation 65 and Part 5 of the 2001 Regulations include references to—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) that regulation and that Part as applied by regulations made under sections 9HE and 105, 9MG and 105 or 44 and 105 of the 2000 Act ; ...
(c) the provisions in an Order made under sections 58 and 154 of the 2011 Act which correspond to that regulation and that Part ; ...
(d) that regulation and that part as applied by an order made under section 117 of, and paragraph 12 of Schedule 5B to, the 2009 Act ; and
(e) that regulation and that part as applied by regulations made under section 252 of, and paragraph 12 of Schedule 2 to, the 2023 Act.
(1) Where those functions of a returning officer at an election or referendum which are specified in regulation 5 are discharged by the returning officer at another election or referendum under regulation 4, references to the returning officer or his charges or expenditure in—
(a) subsections (3), (4), (4A), (4B), (5), (7) and (8) of section 29 (payments by and to returning officer) of the 1983 Act;
(b) section 30 (taxation of returning officer’s account) of the 1983 Act; and
(c) subsections (4) to (6A) of section 36 of the 1983 Act (local elections in England ...) and subsections (1) to (3) of section 36C of the 1983 Act (local elections in Wales) ,
shall, to the extent that such functions are so discharged, be construed as references to the returning officer who discharges those functions and his charges or expenditure in respect of those functions.
(2) The reference in section 36(6) and section 36C(3) of the 1983 Act to the returning officer or a person acting as returning officer requesting an advance in respect of his expenses shall, to the extent that those expenses relate to the functions specified in regulation 5, include a reference to the returning officer who under regulation 4 discharges those functions at the local government election, mayoral election or referendum.
(3) In relation to elections and referendums the polls at which are taken together under section 15(1) or (2) of the 1985 Act the Secretary of State may under section 29(3) of the 1983 Act include special provision for services rendered and expenses incurred in respect of the functions specified in regulation 5 and in respect of the remuneration of presiding officers and clerks by the returning officer who discharges those functions by virtue of regulation 4.
(4) In relation to elections and referendums the polls at which are taken together under section 15(1) or (2) of the 1985 Act or section 36(3) ... or (3AC) or section 36B(1) of the 1983 Act—
(a) the council for a county, county borough, district or London borough;
(b) the Greater London Authority;
(c) the council for the district in which a parish is situated;
(d) the council for the county or county borough in which a community is situated,
may, in fixing a scale under section 36(4), (4B) or (5) or section 36C(1) or (2) of the 1983 Act include special provision for expenses incurred in respect of the functions specified in regulation 5 and in respect of the remuneration of presiding officers and clerks by the returning officer who discharges those functions by virtue of regulation 4.
(5) In this regulation, references to any provision of an enactment include references to—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ab) any provision in Chapter 6 of Part 1 of the 2011 Act which corresponds to that provision; and
(b) that provision as applied by orders or regulations made under any of the listed provisions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Where the poll at a parliamentary election is to be taken with—
(a) the poll at an election under subsection (1) or (2) of section 15 of the 1985 Act; ...
(b) the poll at a mayoral election or a referendum in accordance with regulations made under section 9HE and 105, 9MG and 105 or 44 and 105 of the 2000 Act ; or
(c) the poll at a mayoral election, referendum , PCC election , combined authority mayoral election or combined county authority mayoral election in accordance with orders or regulations made under any of the listed provisions,
or two or more such polls, the parliamentary elections rules in Schedule 1 to the 1983 Act shall have effect subject to the provisions of Schedule 2.
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The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-2004-294
Contains public sector information licensed under the Open Government Licence v3.0.
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