The Police and Crime Commissioner Elections (Amendment) (No. 2) Order 2014

• Citation: S.I. 2014/1963
• Sections: 10

Section 1 Citation, interpretation and commencement

(1) This Order may be cited as the Police and Crime Commissioner Elections (Amendment) (No. 2) Order 2014.

(2) In this Order “the 2012 Order ” means the Police and Crime Commissioner Elections Order 2012 .

(3) This Order comes into force on the day after the day on which it is made.

Section 2 Amendments to the 2012 Order

The 2012 Order is amended in accordance with articles 3 and 4.

Section 3 Amendments to the 2012 Order

In article 52(1), for “an ordinary” substitute “a”.

Section 4 Amendments to the 2012 Order

In Schedule 8—

(a) in paragraph 1, in the definition of “election address” for “an ordinary” substitute “a”;

(b) in paragraph 2, for “an ordinary” substitute “a”;

(c) in paragraph 5—

(i) in sub-paragraph (1), omit “ordinary”;

(ii) in sub-paragraph (2)(b), omit “ordinary”;

(d) in paragraph 13, after sub-paragraph (4)(c), insert—

(d) in any other premises to which the public normally have access in the police area.

Section 5 Application of the 2012 Order in relation to the first vacancy election

Subject to article 6, the 2012 Order has effect in relation to the first election held to fill the office of police and crime commissioner in which the date of the poll in the election occurs after the coming into force of this Order (whichever the police area in which the vacancy occurs in that office), as if it were amended in accordance with articles 7 to 10.

Section 6 Application of the 2012 Order in relation to the first vacancy election

Where a vacancy falls within section 51(7) of the Police Reform and Social Responsibility Act 2011, that vacancy is to be disregarded for the purposes of article 5.

Section 7 Application of the 2012 Order in relation to the first vacancy election

In article 2(1), after the definition of “relevant registration officer” insert—

“residential premises” means premises normally used as one or more dwellings;

Section 8 Application of the 2012 Order in relation to the first vacancy election

After article 52(1), insert—

(1A) Each candidate at a PCC election is entitled to have that election address included in a booklet of election addresses—

(a) prepared by the police area returning officer; and

(b) caused by the police area returning officer to be delivered to each place in the police area which constitutes residential premises.

Section 9 Application of the 2012 Order in relation to the first vacancy election

In article 52(2), after “website” insert “or in the booklet of election addresses”.

Section 10 Application of the 2012 Order in relation to the first vacancy election

In Schedule 8—

(a) in the heading of Part 1, omit “and website”;

(b) in paragraph 1—

(i) in the definition of “election address”, after “website” insert “and in the election booklet”;

(ii) after the definition of “election address” insert—

“election booklet” means the booklet of election addresses referred to in article 52(1A)

(c) in paragraph 6(1)(c), after “website” insert “and in the election booklet”;

(d) in paragraph 8(1), after “website” insert “or in the election booklet”;

(e) in the heading of paragraph 10, after “website” insert “and in the election booklet”;

(f) in paragraph 10(2), after “website” insert “and in the election booklet”;

(g) in paragraph 10(3), for “The step described in sub-paragraph (2) is to be taken” substitute “The election address is to be included on the website”;

(h) in paragraph 11—

(i) in sub-paragraph (a), after “website” insert “and in the election booklet”;

(ii) for “paragraph 13” substitute “the provisions of this Schedule”;

(i) in paragraph 13, omit sub-paragraphs (1) to (3);

(j) after paragraph 13, insert—

Preparation and delivery of the election booklet

(14)

(1) The police area returning officer must prepare and cause to be delivered the election booklet as soon as reasonably practicable after the publication of the statement of persons nominated .

(2) Copies of the election booklet must be caused by the police area returning officer to be delivered to each place in the police area which constitutes residential premises.

(3) The police area returning officer must, on a request made by any elector, send to that person a copy of the election booklet.

Format and content of the election booklet

(15)

(1) The order in which the candidates’ election addresses appear in the election booklet must be determined by lot drawn by the police area returning officer as soon as reasonably practicable after the latest time set out in the Table in rule 1 of the PCC elections rules for the delivery of notices of withdrawals of candidature .

(2) The election booklet must include, in addition to candidates’ election addresses, a statement by the police area returning officer—

(a) explaining the nature and purpose of the election booklet;

(b) listing the names of all the candidates at the election (whether or not their election addresses are included in the election booklet) in the same order as on the ballot paper; and

(c) giving the date of the election and such other information about it as the police area returning officer may determine.

(3) The election booklet must—

(a) contain a statement that it has been published by the police area returning officer; and

(b) give the name and address of the police area returning officer and of the printer of the booklet.

(4) Subject to sub-paragraphs (1) to (3), the form of the election booklet is to be determined by the police area returning officer.

Contributions by candidates towards costs of printing

(16)

(1) Each candidate by whom an election address is submitted to the police area returning officer for inclusion in the election booklet shall pay to the police area returning officer such reasonable sum (which shall be the same for each such candidate) as the police area returning officer may determine by way of contribution towards the expenses incurred by him in respect of the printing of the election booklet.

(2) The police area returning officer must include details of the amount of the payment required by sub-paragraph (1) in the notice of PCC election issued under rule 4 of the PCC elections rules.

(3) The payment required by sub-paragraph (1) shall be made at such time, and in such manner, as the police area returning officer may determine.

(4) A candidate shall be entitled to a full refund of any such payment if, but only if, the candidate has given notice of withdrawal of his candidature before the latest time set out in the Table in rule 1 of the PCC elections rules for the delivery of notice of withdrawals of candidates.

(5) If the total amount of the payments made by candidates under this paragraph exceeds the total amount of the expenses incurred by the police area returning officer in respect of the printing of the election booklet, the police area returning officer shall—

(a) divide the amount of the excess between those candidates in equal shares; and

(b) send to each of those candidates a payment in respect of that candidate’s share.

(6) Sub-paragraph (5) does not apply to candidates entitled to a refund under sub-paragraph (4), or to payments made by such candidates.

Contributions to printing costs as candidates’ election expenses

(17)

(1) The amount of any payment made by a candidate under paragraph 16 (or if sub-paragraph (5) of that paragraph applies, the net amount of any such payment after deducting the payment under paragraph (b) of that sub-paragraph) shall be taken, for the purposes of Part III (the election campaign), to be an amount of election expenses incurred by the candidate in relation to the election.

(2) Nothing in article 34 (prohibition of candidate election expenses not authorised by election agent) shall be taken to apply, in relation to any candidate, to any expenses incurred by the police area returning officer in consequence of the provisions of this Order.