The Combined Authorities (Mayoral Elections) Order 2017

• Citation: S.I. 2017/67
• Sections: 170

Section 1 Citation and commencement

This Order may be cited as the Combined Authorities (Mayoral Elections) Order 2017 and comes into force the day after the day on which it is made.

Section 2 Interpretation

In this Order—

“ the 1983 Act ” means the Representation of the People Act 1983 ;

“ the 2009 Act ” means the Local Democracy, Economic Development and Construction Act 2009;

“ the 2023 Act ” means the Levelling-up and Regeneration Act 2023;

“ the Elections Regulations ” means the Representation of the People (England and Wales) Regulations 2001 ;

“the ... Mayoral Elections Rules” means the rules set out in Schedule 1 or Schedule 3 to this Order as the case may be;

“ the Referendums Regulations ” means the Local Authorities (Conduct of Referendums) (England) Regulations 2012 or the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 ;

“ CA/CCA returning officer ” means the combined authority returning officer or, as the case may be, the combined county authority returning officer;

“ candidate ” means a candidate to be a combined authority mayor or, as the case may be, a combined county authority mayor ;

“ combined authority mayor ”, in relation to the area of a combined authority, means the mayor for the area of the authority by virtue of an order under section 107A(1) of the 2009 Act;

“ combined authority mayoral election ” means an election for the return of a combined authority mayor;

“ combined authority returning officer ” means—

the person appointed under article 6; or

any person appointed under subsection section 35(4) of the 1983 Act by a person of a description mentioned in paragraph (a);

“ combined county authority mayor ”, in relation to the area of a combined county authority, means the mayor for the area of the authority by virtue of regulations made under section 27(1) of the 2023 Act;

“ combined county authority mayoral election ” means an election for the return of a combined county authority mayor;

“ combined county authority returning officer ” means—

the person appointed under article 6A, or

any person appointed under section 35(4) of the 1983 Act by a person of a description mentioned in paragraph (a);

“ constituent council ” means—

in relation to the area of a combined authority—

a county council the whole or any part of whose area is within the area of the combined authority, or

a district council whose area is within the area of the combined authority;

in relation to the area of a combined county authority—

a county council for an area within the combined county authority’s area, or

a unitary district council for an area within the combined county authority’s area;

“election” or “ CA/CCA mayoral election ” means an election for the return of a combined authority mayor or, as the case may be, a combined county authority mayor;

“ electoral area ” means the area for the combined authority or combined county authority for which the election is held;

...

“ local government election ” has the same meaning as in section 203(1) of the 1983 Act;

“ local government mayoral election ” means an election for the return of an elected mayor in accordance with Part 1A of the Local Government Act 2000 ;

“ police and crime commissioner election ” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011 ;

“ proper officer ” has the meaning given by section 270(3) of the Local Government Act 1972 ;

“ referendum ” means a referendum conducted under the Referendums Regulations;

“ register of local government electors ” means the register maintained under section 9 of the Representation of the People Act 1983 ;

“ relevant election or referendum ” means one or more of the following—

a Parliamentary election,

...

a local government election,

a local government mayoral election,

...

a referendum,

a police and crime commissioner election,

the poll at which is taken together with the poll at the ... mayoral election;

“ returning officer ”, in relation to a CA/CCA mayoral election, means—

the person appointed in accordance with article 5, or

any person appointed under section 35(4) of the 1983 Act by a person of a description mentioned in paragraph (a).

Section 3 Conduct of CA/CCA mayoral elections

(1) Subject to article 4(1), a CA/CCA mayoral election shall be conducted in accordance with the rules set out in Schedule 1.

(2) The relevant provisions in the enactments referred to in paragraph (3) shall have effect in relation to the conduct of a CA/CCA mayoral election as they have effect in relation to the conduct of an election of councillors for any county electoral division or district ward subject to the modifications set out in paragraph (4).

(3) The enactments referred to in paragraph (2) are—

(a) the 1983 Act,

(b) the Representation of the People Act 1985,

(c) the Representation of the People Act 2000 ,

(d) the Political Parties, Elections and Referendums Act 2000 ,

(e) the Elections Regulations, and

(f) the Electoral Administration Act 2006 .

(4) The modifications referred to in paragraph (2) are—

(a) references in the relevant provisions to “local government elections” shall be taken to include CA/CCA mayoral elections,

(b) references in the relevant provisions to a “candidate” shall be taken to include a candidate at a CA/CCA mayoral election,

(c) references in the relevant provisions to a “returning officer” shall be taken to include a CA/CCA returning officer,

(d) the other modifications set out in Schedule 2.

(5) In this article “ relevant provisions ” means the provisions which have effect in relation to the conduct of the election of councillors for any county electoral division or district ward.

Section 4 Combination of polls

(1) Where the poll at a CA/CCA mayoral election is taken together with the poll at a relevant election or referendum a CA/CCA mayoral election shall be conducted in accordance with the rules set out in Schedule 3.

(2) The instruments specified in Schedule 4 are amended to make further provision for the combination of polls.

Section 5 Returning officer

(1) Functions conferred by this Order on the returning officer, in relation to the area of a constituent council, shall be discharged by the person who is for the time being the returning officer for the area of that council by virtue of section 35 (returning officers: local elections) of the 1983 Act, as modified by Schedule 2 or (in the case of a combined poll) Schedule 4 to this Order.

(2) It is the returning officer's general duty at the election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by this Order.

(3) The returning officer must also appoint and pay any such persons as may be necessary for the purpose of the counting of the votes.

Section 6 Combined authority returning officer

(1) The combined authority must appoint one of its officers, or one of the officers of a constituent council, to be the combined authority returning officer in relation to the election.

(2) The combined authority returning officer may give, to a returning officer, directions relating to the discharge of his or her functions at the election, including directions requiring the provision to the combined authority returning officer of any information which the returning officer has or is entitled to have, directions requiring him or her to take specified steps in preparation for the election, directions that the ballot papers shall be printed by the combined authority returning officer and directions that the count of votes shall be conducted at a central location.

(3) It shall be the duty of a returning officer to whom directions are given under paragraph (2) to discharge his or her functions at the election in accordance with the directions.

Section 6A Combined county authority returning officer

(1) The combined county authority must appoint one of its officers, or one of the officers of a constituent council, to be the combined county authority returning officer in relation to the election.

(2) The combined county authority returning officer may give, to a returning officer, directions relating to the discharge of the returning officer’s functions at the election, including directions requiring the provision to the combined county authority returning officer of any information which the returning officer has or is entitled to have, directions requiring the returning officer to take specified steps in preparation for the election, directions that the ballot papers must be printed by the combined county authority returning officer and directions that the count of votes must be conducted at a central location.

(3) It is the duty of a returning officer to whom directions are given under paragraph (2) to discharge the returning officer’s functions at the election in accordance with the directions.

Section 7 Questioning of a CA/CCA mayoral election

For the purposes of paragraph 12(6) of Schedule 5B to the 2009 Act and paragraph 12(7) of Schedule 2 to the 2023 Act , Part 3 (legal proceedings) of the 1983 Act shall have effect in relation to the questioning of a CA/CCA mayoral election as it has effect in relation to the questioning of an election under the Local Government Act 1972 .

Section 8 Free delivery of election addresses

(1) Each candidate at a CA/CCA mayoral election shall be entitled (subject to and in accordance with the provisions of Schedule 5) to have an election address prepared on behalf of the candidate included in a booklet of election addresses—

(a) prepared by the CA/CCA returning officer, and

(b) delivered by that officer to each person entitled to vote at that election.

(2) Candidates' election addresses shall be delivered at the expense of the combined authority or, as the case may be, combined county authority .

(3) Schedule 5 (which makes provisions supplementing paragraph (1) above) shall have effect.

Section 9 Application of the Order prior to the establishment of a particular combined authority

(1) Prior to the establishment of a combined authority under section 103 of the 2009 Act —

(a) references in this Order to “the combined authority” are to be read as references to “the proposed combined authority”, and references to “the combined authority mayor”, “the combined authority mayoral election” and “the combined authority area” are to be construed accordingly;

(b) article 6(1) is to be read as if for paragraph (1) there were substituted—

(1) The constituent councils of the proposed combined authority may appoint one of the officers of a constituent council, to be the combined authority returning officer in relation to the election.

(c) any expenses met by the constituent councils of the proposed combined authority in accordance with article 8(2) (as modified by sub-paragraph (a)) must be reimbursed by the combined authority after it has been established;

(d) in Schedule 2, paragraph 1(6)(b) is to be read as if for the modification of the RPA 1983 that inserted subsection (4C) there were substituted—

(4C) All expenditure properly incurred by a returning officer or a combined authority returning officer in relation to the holding of a combined authority mayoral election before the combined authority has been established may in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the constituent councils of the proposed combined authority, exceed that scale, be paid by those constituent councils, and if so, the combined authority must, once it has been established, reimburse those constituent councils.

(2) If the combined authority returning officer appointed in accordance with article 6(1) as modified by paragraph (1)(b) is unable to act after the combined authority is established, a new combined authority returning officer must be appointed in accordance with article 6(1) in unmodified form.

Section 10 Application of the Order prior to the establishment of a particular combined county authority

(1) Prior to the establishment of a combined county authority under section 9 of the 2023 Act—

(a) references in this Order to “the combined county authority” are to be read as references to “the proposed combined county authority”, and references to “the combined county authority mayor”, “the combined county authority mayoral election” and “the combined county authority area” are to be construed accordingly;

(b) article 6A should be read as if for paragraph (1) there were substituted—

(1) The constituent councils of the proposed combined county authority may appoint one of the officers of a constituent council to be the combined county authority returning officer in relation to the election.

(c) any expenses met by the constituent councils of the proposed combined county authority in accordance with article 8(2) (as modified by sub-paragraph (a)) must be reimbursed by the combined county authority after it has been established;

(d) in Schedule 2, paragraph 1(6)(b) is to be read as if for the modification of the RPA 1983 that inserted subsection (4D) there were substituted—

(4D) All expenditure properly incurred by a returning officer or a combined county authority returning officer in relation to the holding of a combined county authority mayoral election before the combined county authority has been established may in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the constituent councils of the proposed combined county authority, exceed that scale, be paid by those constituent councils, and if so, the combined county authority must, once it has been established, reimburse those constituent councils.

(2) If the combined county authority returning officer appointed in accordance with article 6A(1) as modified by paragraph (1)(b) is unable to act after the combined county authority is established, a new combined county authority returning officer must be appointed in accordance with article 6A(1) in unmodified form.

Section 1 Citation

These Rules may be cited as the ... Mayoral Elections Rules.

Section 2 Interpretation

(1) In these Rules—

“ anonymous elector’s document ” has the meaning given in regulation 3(1) of the Voter Identification Regulations 2022;

“ the Appendix ” means the Appendix to these Rules contained in Part 9 of this Schedule;

“ temporary electoral identity document ” has the meaning given in regulation 3(1) of the Voter Identification Regulations 2022.

(2) Other expressions used both in these Rules and in the 1983 Act (as it applies to local government elections), except for those defined in article 2 or modified by article 3, shall have the same meaning in these Rules as they have in that Act.

Section 3 Timetable

The proceedings at the election shall be conducted in accordance with the following Timetable:

(1) Subject to paragraph (2), during the hours allowed for delivery of nomination papers on the last day for their delivery and the hour following.

(2) No objection may be made in the afternoon of that last day except to a nomination paper delivered within 24 hours of the last time for its delivery and, in the case of a nomination paper so delivered, no objection may be made to the sufficiency or nature of the particulars of the candidate unless made at or immediately after the time of the delivery of the nomination paper.

Section 4 Computation of time

(1) In computing any period of time for the purposes of the Timetable—

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day, Good Friday or a bank holiday, or

(c) a day appointed for public thanksgiving or mourning,

shall be disregarded, and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll nor shall the returning officer be obliged to proceed with the counting of the votes on such a day.

(2) In this rule, “ bank holiday ” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales .

Section 5 Notice of Election and provision of information to calculate election expense limits

(1) The CA/CCA returning officer must publish notice of the election stating—

(a) the place and times at which nomination papers are to be delivered, and

(b) the date of the poll in the event of a contest,

and the notice must state that forms of nomination papers may be obtained at that place and those times.

(2) The notice of election must also state the arrangements which apply for the payment of the deposit required by rule 10 to be made by means of the electronic transfer of funds.

(3) The notice of election must state the date by which—

(a) applications to vote by post or by proxy, and

(b) other applications and notices about postal or proxy voting,

must reach the registration officer in order that they may be effective for the election.

(4) Paragraphs (5) and (6) apply for the purposes of enabling persons to calculate the limitation of election expenses in accordance with section 76 of the Representation of the People Act 1983 (as modified by paragraph 1(21) of Schedule 2 to this Order).

(5) The CA/CCA returning officer must calculate the total number of entries in the register of electors to be used at the election as it has effect on the last day for publication of notice of the election in accordance with rule 3 and must, on written request, provide that information together with the total number of constituent councils.

(6) The information referred to in paragraph (5) must be provided as soon as practicable after the written request is received.

Section 6 Nomination of candidates

(1) Each candidate must be nominated by a separate nomination paper.

(2) A nomination paper must be in the appropriate form in the Appendix or a form to the like effect and shall be delivered at the place fixed for the purpose by the CA/CCA returning officer.

(3) ...A nomination paper must state the candidate's—

(a) full names, and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) if desired, description,

and the surname must be placed first in the list of names.

(4) If a candidate—

(a) commonly uses a surname that is different from any other surname the candidate has,

(b) commonly uses a forename that is different from any other forename the candidate has, or

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (3)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (3)(a).

(5) The description (if any) can only be—

(a) one authorised as mentioned in rule 7(1) or (3), or

(b) the word “Independent”.

(6) The nomination paper must be accompanied by a form (in these Rules referred to as the “home address form”) which states—

(a) the candidate’s—

(i) full names,

(ii) home address in full, and

(iii) qualifying address or, if the candidate declares they are qualified by more than one of the qualifications mentioned in paragraph (9), qualifying addresses;

(b) the attesting person’s—

(i) full names, and

(ii) home address in full.

Provision in paragraph (2) about delivery of the nomination paper applies also to the home address form.

(7) The home address form—

(a) may contain a statement made and signed by the candidate that the candidate requires their home address not to be made public, and

(b) if it does so, must—

(i) if that address is in the United Kingdom, state the relevant area;

(ii) if that address is outside the United Kingdom, state the country within which it is situated.

(8) The home address form must also state, in relation to each qualifying address, which of the qualifications mentioned in paragraph (9) that address relates to.

(9) In this rule, “qualifying address”, in relation to a candidate, means—

(a) if the candidate declares in their consent to nomination that they are qualified to be elected as mayor by virtue of being registered as a local government elector at a particular address, that address;

(b) if the candidate declares in that consent that they are qualified to be elected as mayor by virtue of owning or occupying land or other premises in a particular area, a description and the address of that land or those premises;

(c) if the candidate declares in that consent that they are qualified to be elected as mayor by virtue of their principal or only place of work being in a particular area, the address in full of that place of work;

(d) if the candidate declares in that consent that they are qualified to be elected as mayor by virtue of residing in a particular area, the address, or addresses, in full at which the candidate has so resided.

(10) In this rule—

“attesting person”, in relation to a candidate, means the person who attests the candidate’s consent to nomination in accordance with rule 9(1)(c);

“relevant area”—

in relation to a home address which is in England, means—

if it is within a district for which there is a district council, that district;

if it is within a county in which there are no districts with councils, that county;

if it is within a London borough, that London borough;

if it is within the City of London (including the Inner and Middle Temples), the City of London;

if it is in the Isles of Scilly, the Isles of Scilly;

in relation to a home address which is in Wales, means—

if it is within a county, that county;

if it is within a county borough, that county borough;

in relation to a home address in Scotland, means the local government area in which it is situated;

in relation to a home address in Northern Ireland, means the local government district in which it is situated.

Section 7 Nomination papers: name of registered political party

(1) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with a registered political party unless the party is a qualifying party in relation to the electoral area and the description is authorised by a certificate—

(a) issued by or on behalf of the registered nominating officer of the party, and

(b) received by the CA/CCA returning officer before the last time for the delivery of nomination papers set out in the Timetable in rule 3.

(2) In paragraph (1) an authorised description may be either—

(a) the name of the party registered under section 28 of the Political Parties, Elections and Referendums Act 2000 , or

(b) a description of the party registered under section 28A of that Act.

(3) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with two or more registered political parties unless the parties are each qualifying parties in relation to the electoral area and the description is a registered description authorised by a certificate—

(a) issued by or on behalf of the registered nominating officer of each of the parties, and

(b) received by the CA/CCA returning officer before the last time for the delivery of nomination papers set out in the Timetable in rule 3.

(4) For the purposes of paragraph (3), a description is a registered description if it is a description registered for use by the parties under section 28B of the Political Parties, Elections and Referendums Act 2000.

(5) A person shall be guilty of a corrupt practice if that person fraudulently purports to be authorised to issue a certificate under paragraph (1) or (3) on behalf of a registered political party's nominating officer.

(6) For the purposes of the application of this rule in relation to an election—

(a) “ registered political party ” means a party which was registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 on the day (“ the relevant day ”) which is two days before the last day for the delivery of nomination papers at that election;

(b) a registered political party is a qualifying party in relation to an electoral area if the party was on the relevant day registered in respect of that part of Great Britain in the Great Britain register maintained under that Part of that Act.

(7) For the purposes of paragraph (6)(a), any day falling within rule 4(1) must be disregarded.

Section 8 Subscription of nomination paper

(1) Subject to paragraphs (2) and (3), the nomination paper must be subscribed by two electors as proposer and seconder, and by at least ninety-eight other electors as assenting to the nomination.

(2) The subscribers referred to in paragraph (1) must include at least 10 local government electors in respect of each relevant constituent council.

(3) Where there are more than 10 relevant constituent councils, the minimum number of subscribers referred to in paragraph (1) shall be the number of relevant constituent councils multiplied by 10.

(4) Where a nomination paper has the signatures of more than the required number of persons as proposing, seconding or assenting to the nomination of a candidate, the signature or signatures (up to the required number) appearing first on the paper in each category must be taken into account to the exclusion of any others in that category.

(5) The nomination paper must give the electoral number of each person subscribing it.

(6) The CA/CCA returning officer—

(a) must supply any elector with as many forms of nomination paper and forms of consent to nomination as may be required at the place and during the time for delivery of nomination papers, and

(b) must at any elector's request prepare a nomination paper for signature,

but it is not necessary for a nomination or consent to nomination to be on a form supplied by the CA/CCA returning officer.

(7) In this rule—

“elector” means a person entitled to vote as an elector at the CA/CCA mayoral election and who is registered in the register of local government electors on the last day for the publication of notice of the election; and includes a person then shown in the register as below voting age if (but only if) it appears from the register that the person will be of voting age on the day fixed for the poll;

“local government elector” means a person who is registered in the register of local government electors at an address within the constituent council’s area on the last day for the publication of the notice of election; and includes a person then shown in the register as below voting age if (but only if) it appears from the register that the person will be of voting age on the day fixed for the poll;

“relevant constituent council”—

in relation to a combined authority, means a district council which is a constituent council, or in the case of an area for which there is no district council, the county council, and

in relation to a combined county authority, means a constituent council.

(8) But, in this rule, “ elector ” does not include a person who has an anonymous entry in the register of local government electors.

Section 9 Consent to nomination

(1) A person shall not be validly nominated unless his or her consent to nomination—

(a) is given in writing, on or within one month before the last day for the delivery of nomination papers,

(b) where the election is a combined authority mayoral election, is in the appropriate form in the Appendix or a form to the like effect and includes a copy of paragraph 9 and 9A of Schedule 5B to the 2009 Act, section 34 of the Localism Act 2011 , section 30 of the Elections Act 2022 and, where the combined authority mayor is to exercise functions of a police and crime commissioner in accordance with an order made under Schedule 5C to the 2009 Act, sections 64 to 68 of the Police Reform and Social Responsibility Act 2011 ,

(ba) where the election is a combined county authority mayoral election, is in the appropriate form in the Appendix or a form to the like effect and includes a copy of paragraphs 8 and 9 of Schedule 2 to the 2023 Act, section 34 of the Localism Act 2011, section 30 of the Elections Act 2022 and, where the combined county authority mayor is to exercise functions of a police and crime commissioner in accordance with regulations made under Schedule 3 to the 2023 Act, sections 64 to 68 of the Police Reform and Social Responsibility Act 2011,

(c) is attested by one witness, and

(d) is delivered at the place and within the time for the delivery of nomination papers.

Section 10 Deposits

(1) A person shall not be validly nominated unless the sum of £5000 is deposited by that person or on that person's behalf, with the CA/CCA returning officer at the place and within the time for delivery of nomination papers.

(2) The deposit may be made either—

(a) by the deposit of any legal tender, or

(b) by means of a banker's draft, or

(c) with the CA/CCA returning officer's consent, in any other manner (including by means of a debit or credit card or the electronic transfer of funds),

but the CA/CCA returning officer may refuse to accept a deposit sought to be made by means of a banker's draft if the CA/CCA returning officer does not know that the drawer carries on business as a banker in the United Kingdom.

(3) Where the deposit is made on behalf of the candidate, the person making the deposit must at the time it is made give his or her name and address to the CA/CCA returning officer (unless they have previously been given to the CA/CCA returning officer under section 67 (appointment of election agent) of the 1983 Act.

Section 11 Place for delivery of nomination papers and right to attend nomination

(1) The CA/CCA returning officer must fix the place in the area of the combined authority or, as the case may be, combined county authority, at which nomination papers are to be delivered to that officer, and must attend there during the time for their delivery and for the making of objections to them.

(2) Except for the purpose of delivering a nomination paper or of assisting the CA/CCA returning officer, no other person is entitled to attend the proceedings during the time for delivery of nomination papers or for making objections to them unless that person is—

(a) a person standing nominated as a candidate, or

(b) the election agent, proposer or seconder of such a person, or

(c) a person who is entitled to attend by virtue of section 6A or 6B of the Political Parties and Referendums Act 2000 Act .

(3) Where a candidate is the candidate's own election agent, the candidate may name one other person and that person is entitled to attend in place of the election agent.

(4) Where a person stands nominated by more than one nomination paper, only the persons subscribing as proposer and seconder—

(a) to such one of those papers as the candidate may select, or

(b) in default of such a selection, to that one of those papers which is first delivered,

are entitled to attend as the person's proposer and seconder.

(5) The right to attend conferred by this rule includes the right—

(a) to inspect, and

(b) to object to the validity of,

any nomination paper and associated home address form .

(6) Paragraph (5) does not apply to a person mentioned in paragraph (2)(c).

(7) One other person chosen by each candidate is entitled to be present at the delivery of the candidate's nomination, and may afterwards (so long as the candidate stands nominated) attend the proceedings referred to in paragraph (2) but without the right referred to in paragraph (5).

(8) The CA/CCA returning officer must not permit a home address form to be inspected otherwise than in accordance with this rule, or for some other purpose authorised by law.

Section 12 Decisions as to validity of nomination papers and home address forms

(1) Where a nomination paper and the candidate's consent to nomination and home address form are delivered in accordance with these Rules, the candidate shall be deemed to stand nominated unless and until—

(a) the CA/CCA returning officer decides that the nomination paper is invalid, or

(b) the CA/CCA returning officer decides that the candidate’s home address form—

(i) does not comply with the requirements of rule 6(6) or (8), or

(ii) if the form contains a statement under rule 6(7)(a), does not comply with the signature requirement in that rule or the requirements of rule 6(7)(b), or

(c) proof is given to the CA/CCA returning officer's satisfaction of the candidate's death, or

(d) the candidate withdraws.

(2) The CA/CCA returning officer is entitled to hold the nomination paper of a person invalid only on one of the following grounds—

(a) that the particulars of the candidate or of the persons subscribing the paper are not as required by law, ...

(b) that the paper is not subscribed as so required,

(c) that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.

(3) Subject to paragraph (4), the CA/CCA returning officer must, as soon as practicable after each nomination paper and home address form have been delivered, examine them and decide whether the candidate has been validly nominated.

(4) If in the CA/CCA returning officer's opinion a nomination paper breaks rule 7(1) or (3), the CA/CCA returning officer must give a decision to that effect—

(a) as soon as practicable after the delivery of the nomination paper, and

(b) in any event, before the end of the period of 24 hours starting with the last time for delivery of nomination papers set out in the Timetable in rule 3.

(5) Where the CA/CCA returning officer decides that a nomination paper is invalid, the CA/CCA returning officer must endorse and sign on the paper the fact and the reasons for that decision.

(6) The CA/CCA returning officer must send notice of the decision that a nomination paper is valid or invalid to each candidate at the candidate's home address as given in the home address form .

(7) The CA/CCA returning officer's decision that a nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.

(8) Subject to paragraph (7), nothing in this rule prevents the validity of a nomination being questioned on an election petition.

Section 13 Publication of statement of persons nominated

(1) The CA/CCA returning officer must prepare and publish a statement showing the persons who have been and stand nominated and any other persons who have been nominated, with the reason why they no longer stand nominated.

(2) The statement must show the names, addresses and descriptions of the persons nominated as given in their nomination papers and home address forms .

(3) If a person's nomination paper gives a commonly used surname or forename in accordance with rule 6(4) , the statement must show the person's commonly used surname or forename (as the case may be) instead of the other surname or forename .

(4) Paragraph (3) does not apply if the CA/CCA returning officer thinks—

(a) that the use of the person's commonly used name may be likely to mislead or confuse electors, or

(b) that the commonly used name is obscene or offensive.

(5) If paragraph (4) applies, the CA/CCA returning officer must give notice in writing to the candidate of the CA/CCA returning officer's reasons for refusing to allow the use of a commonly used name.

(6) The statement must show the persons standing nominated arranged alphabetically in the order of their surnames, and if there are two or more of them with the same surname, of their other names.

(7) In the case of a person nominated by more than one nomination paper, the CA/CCA returning officer must take the particulars required by the foregoing provisions of this rule from such one of the papers as the candidate (or the CA/CCA returning officer in default of the candidate) may select.

(8) In relation to a nominated person in whose case the home address form (or, if the person is nominated by more than one nomination paper, any of the home address forms ) contains—

(a) the statement mentioned in rule 6(7)(a), and

(b) the information mentioned in rule 6(7)(b),

the reference in paragraph (2) to the person's address shall be read as a reference to the information mentioned in rule 6(7)(b).

(9) Where—

(a) two or more of the names shown on the statement are the same or so similar as to be likely to cause confusion,

(b) the statement mentioned in rule 6(7)(a) has been made in relation to each of the persons in question, and

(c) the information mentioned in rule 6(7)(b) is the same for each of them,

the CA/CCA returning officer may cause any of their particulars to be shown on the statement with such amendments or additions as the officer thinks appropriate in order to reduce the likelihood of confusion.

(10) Where it is practicable to do so before the publication of the statement, the CA/CCA returning officer must consult any person whose particulars are to be amended or added to under paragraph (9).

(11) The CA/CCA returning officer must give notice in writing to any person whose particulars are amended or added to under paragraph (9).

(12) Anything done by a CA/CCA returning officer in pursuance of paragraph (9) must not be questioned in proceedings other than proceedings on an election petition.

(13) A CA/CCA returning officer must have regard to any guidance issued by the Electoral Commission for the purposes of paragraph (9).

Section 14 Correction of minor errors

(1) The CA/CCA returning officer may, if he or she thinks fit, at any time before the publication under rule 13 of the statement of persons nominated, correct minor errors in a nomination paper or home address form .

(2) Errors which may be corrected include—

(a) errors as to a person's electoral number,

(b) obvious errors of spelling in relation to the details of a candidate.

(c) errors as to the information mentioned in rule 6(7)(b).

(3) Anything done by the CA/CCA returning officer in pursuance of this rule shall not be questioned in any proceedings other than proceedings on an election petition.

(4) The CA/CCA returning officer must have regard to any guidance issued by the Electoral Commission for the purposes of this rule.

Section 15 Withdrawal of candidature

(1) A candidate may withdraw their candidature by notice of withdrawal—

(a) signed by the candidate and attested by one witness, and

(b) delivered to the CA/CCA returning officer at the place for delivery of nomination papers.

(2) Where a candidate is outside the United Kingdom, a notice of withdrawal signed by the candidate's proposer and accompanied by a written declaration also so signed of the candidate's absence from the United Kingdom shall be of the same effect as a notice of withdrawal signed by the candidate; but where the candidate stands nominated by more than one nomination paper a notice of withdrawal under this paragraph shall be effective if, and only if—

(a) it and the accompanying declaration are signed by all the proposers except any who is, and is stated in that declaration to be, outside the United Kingdom, or

(b) it is accompanied, in addition to that declaration, by a written statement signed by the candidate that the proposer giving the notice is authorised to do so on the candidate's behalf during his absence from the United Kingdom.

Section 16 Method of election

If, after any withdrawals under rule 15—

(a) two or more candidates remain validly nominated, a poll shall be taken in accordance with Part 4 of these Rules,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) only one candidate remains validly nominated, that person shall be declared to be elected in accordance with Part 6.

Section 17 Poll to be taken by ballot

The votes at the poll shall be given by ballot.

Section 18 The ballot papers

(1) The ballot of every person entitled to a vote at the election shall consist of a ballot paper.

(2) The persons remaining validly nominated, after any withdrawals, and no others, shall be entitled to have their names inserted in the ballot paper at that election.

(3) Every ballot paper must be in the appropriate form, and must be printed in accordance with the appropriate directions set out in the Appendix, and—

(a) must contain the names and other particulars of the candidates as shown in the statement of persons nominated,

(b) must be capable of being folded up, and

(c) must have a number and other unique identifying mark printed on the back.

(4) If a candidate who is the subject of a party's authorisation under rule 7(1) so requests, the ballot paper must contain, against the candidate's particulars, the party's registered emblem (or, as the case may be, one of the party's registered emblems).

(5) If a candidate who is the subject of an authorisation by two or more parties under rule 7(3) so requests, the ballot paper must contain, against the candidate's particulars, the registered emblem (or, as the case may be, one of the registered emblems) of one of those parties.

(6) The candidate's request under paragraph (4) or (5) must—

(a) be made in writing to the returning officer, and

(b) be received by the returning officer before the last time for the delivery of nomination papers set out in the Timetable in rule 3.

(7) The order of the names in the ballot paper must be the same as in the statement of persons nominated.

Section 19 The corresponding number list

(1) The returning officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by the returning officer in pursuance of rule 24 or provided in pursuance of rule 28.

(2) The list must be in the appropriate form in the Appendix or a form to the like effect.

Section 20 The official mark

(1) Every ballot paper must contain an appropriate security marking (the official mark).

(2) The official mark must be kept secret, and an interval of not less than five years shall intervene between the use of the same official mark at an election for the same combined authority or, as the case may be, combined county authority .

(3) The returning officer may use a different official mark for different purposes at the same election.

Section 21 Prohibition of disclosure of vote

No person who has voted at the election shall, in any legal proceeding to question the election, be required to state for whom he or she has voted.

Section 22 Use of schools and public rooms

(1) The returning officer may use, free of charge, for the purpose of taking the poll or counting the votes—

(a) a room in a school maintained or assisted by a local authority (as defined in the Education Act 1996 ) or a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school,

(b) a room the expense of maintaining which is met by any local authority.

(2) The use of a room in an unoccupied hereditament for that purpose or those purposes does not render a person liable to any payment by way of council tax or non-domestic rate in respect of that hereditament and any day on which it is so used.

(3) The returning officer must make good any damage done to, and defray any expense incurred by the persons having control over, any such room as is mentioned in paragraph (1) by reason of its being used for the purpose of taking the poll or counting the votes.

Section 23 Notice of poll

(1) The CA/CCA returning officer must publish notice of the poll stating—

(a) the day and hours fixed for the poll,

(b) the particulars of each candidate remaining validly nominated (the names and other particulars of the candidates, and the order of the candidates' names being the same as in the statement of persons nominated), and

(c) the names of all persons signing a candidate's nomination paper.

(2) Where a candidate is nominated by more than one nomination paper, the nomination paper referred to in paragraph (1)(c) must be that from which the names and other particulars of the candidate shown in the statement of persons nominated are taken.

(3) The returning officer must, not later than the time of the publication of the notice of the poll, give public notice of—

(a) the situation of each polling station, and

(b) the description of voters entitled to vote there,

and the returning officer must as soon as practicable after giving such a notice give a copy of it to each of the election agents.

Section 24 Postal ballot papers

(1) The returning officer must, in accordance with regulations made under the 1983 Act, issue to those entitled to vote by post a ballot paper and a postal voting statement in the appropriate form in the Appendix, or a form to the like effect, together with such envelopes for their return as may be prescribed by such regulations.

(2) The returning officer must also issue to those entitled to vote by post such information as he thinks appropriate about how to obtain—

(a) translations into languages other than English of any directions to or guidance for voters sent with the ballot paper,

(b) a translation into Braille of such directions or guidance,

(c) graphical representations of such directions or guidance,

(d) the directions or guidance in any other form (including any audible form).

(3) The postal voting statement must include provision for the form to be signed and for stating the date of birth of the elector or proxy (as the case may be).

(4) In the case of a ballot paper issued to a person at an address in the United Kingdom, the returning officer must ensure that the return of the ballot paper and postal voting statement is free of charge to the voter.

Section 25 Provision of polling stations

(1) The returning officer must provide a sufficient number of polling stations and, subject to the following provisions of this rule, must allot the electors to the polling stations in such manner as the returning officer thinks most convenient.

(2) One or more polling stations may be provided in the same room.

(3) The polling station allotted to electors from any parliamentary polling district wholly or partly within the electoral area must, in the absence of special circumstances, be in the parliamentary polling place for that district, unless that place is outside the electoral area.

(4) The returning officer must provide each polling station with such number of compartments as may be necessary in which the voters can mark their votes screened from observation.

(5) The returning officer must ensure that each polling station contains an area in which voters can produce proof of identity in private.

Section 26 Appointment of presiding officers and polling clerks

(1) The returning officer must appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary for the purposes of the election, but the returning officer must not appoint any person who has been employed by or on behalf of a candidate in or about the election.

(2) The returning officer may, if the returning officer thinks fit, preside at a polling station and the provisions of these Rules relating to a presiding officer shall apply to a returning officer so presiding with the necessary modifications as to things to be done by the returning officer to the presiding officer or by the presiding officer to the returning officer.

(3) A presiding officer may do, by the clerks appointed to assist him or her, any act (including the asking of questions) which the presiding officer is required or authorised by these Rules to do at a polling station except—

(a) order the arrest, exclusion or removal of any person from the polling station,

(b) refuse to deliver a ballot paper under rule 35(3) or rule 37(1E) (including that rule as applied by rules 38, 39 or 40), or

(c) resolve doubts over identity as mentioned in rule 37(1F) (including that rule as applied by rule 38, 39 or 40).

Section 27 Issue of official poll cards

(1) The returning officer must as soon as practicable after the publication of the notice of the election send to electors and their proxies an official poll card.

(2) An elector's official poll card must be sent or delivered to the elector's qualifying address , and a proxy's to the proxy's address as shown in the list of proxies.

(3) The official poll card must be in the appropriate form in the Appendix, or a form to the like effect, and must set out—

(a) the name of the combined authority or combined county authority to which the election relates,

(b) that the election or, as the case may be, combined county authority mayoral election, is a combined authority mayoral election,

(c) the elector's name, qualifying address and number on the register,

(d) the date and hours of the poll and the situation of the elector's polling station,

(e) such other information as the returning officer thinks appropriate,

and different information may be provided in pursuance of sub-paragraph (e) to different electors or descriptions of elector.

(4) In the case of an elector with an anonymous entry, instead of containing the matter mentioned in paragraph (3)(c), the poll card must contain such matter as is specified in the appropriate form in the Appendix.

(5) Paragraph (7) of rule 8 shall apply for the interpretation of this rule.

Section 28 Equipment of polling stations

(1) The returning officer must provide each presiding officer with such number of ballot boxes and ballot papers as in the returning officer's opinion may be necessary.

(2) Every ballot box must be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked or, where the box has no lock, the seal being broken.

(3) The returning officer must provide each polling station with—

(a) materials to enable voters to mark the ballot papers,

(b) copies of the register of electors for the electoral area or such part of it as contains the names of the electors allotted to the station,

(c) the parts of any special lists prepared for the election corresponding to the register of electors for the electoral area or the part of it provided under sub-paragraph (b),

(d) a list consisting of that part of the list prepared under rule 19 which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station.

(e) a ballot paper refusal list, in the appropriate form in the Appendix or a form to like effect, on which entries are to be made as mentioned in rule 41A (refusal to deliver ballot paper).

(4) The reference in paragraph (3)(b) to the copies of the register of electors includes a reference to copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act in respect of alterations to the register.

(5) The returning officer must also provide each polling station with—

(a) at least one large version of the ballot paper which must be displayed inside the polling station for the assistance of voters who are partially sighted,

(b) an enlarged hand-held sample copy of the ballot paper for the assistance of voters who are partially sighted which must be clearly marked as a specimen provided only for the guidance of voters, and

(c) such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote independently in the manner directed by rule 37 (voting procedure), including in relation to voting secretly; and for this purpose “ relevant persons ” means persons who find it difficult or impossible to vote in that manner because of—

(i) blindness or partial sight, or

(ii) another disability.

(5A) Paragraph (10) of rule 29 of Schedule 1 to the 1983 Act (Parliamentary elections rules: guidance to returning officers) applies for the purposes of paragraph (5)(c) of this rule as it applies for the purposes of that rule, but as if the reference in that paragraph to paragraph (3A)(b) were a reference to paragraph (5)(c) of this rule.

(6) The CA/CCA returning officer must prepare and provide each returning officer with—

(a) a notice in the appropriate form in the Appendix giving directions for the guidance of voters in voting, which must be printed in conspicuous characters and exhibited inside and outside every polling station; and

(b) where the election is a combined authority mayoral election the following notice which must be exhibited in every compartment of every polling station—

*[Specify name of combined authority] COMBINED AUTHORITY MAYORAL ELECTION

Vote for ONLY ONE CANDIDATE by putting a cross [X] in the box next to your choice.

PUT NO OTHER MARK ON THE BALLOT PAPER OR YOUR VOTE MAY NOT COUNT.

*Complete as necessary ;

(ba) where the election is a combined county authority mayoral election, the following notice which must be exhibited in every compartment of every polling station—

*[Specify name of combined county authority] COMBINED COUNTY AUTHORITY MAYORAL ELECTION

Vote for ONLY ONE CANDIDATE by putting a cross [x] in the box next to your choice.

PUT NO OTHER MARK ON THE BALLOT PAPER OR YOUR VOTE MAY NOT COUNT.

*Complete as necessary.

(6A) A large notice must be displayed inside each polling station containing—

(a) details of the documents the elector or proxy needs to produce when applying for a ballot paper, namely—

(i) in the case of an elector (other than an elector with an anonymous entry) or a proxy, any of the forms of identification for the time being referred to in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary elections rules);

(ii) in the case of an elector with an anonymous entry, the elector’s official poll card and an anonymous elector’s document showing the same electoral number as the electoral number shown on the official poll card; and

(b) a statement that further proof of identity may be required to resolve any discrepancy between the name of the holder of a form of identification and the name of the elector or proxy that the voter claims to be.

(7) The CA/CCA returning officer may also provide copies of the notices mentioned in paragraph (6) in such other form described in section 199B(2) or (3) of the Representation of the People Act 1983 as the CA/CCA returning officer thinks appropriate and, if the returning officer agrees, these may also be exhibited inside and outside the polling station.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 29 Appointment of polling and counting agents

(1) Subject to paragraphs (5), (6) and (7), before the commencement of the poll each candidate may appoint—

(a) polling agents to attend at polling stations for the purpose of detecting personation, and

(b) counting agents to attend at the counting of the votes.

(2) The same person may be appointed as a polling agent or counting agent by more than one candidate.

(3) For each count, one (but not more than one) counting agent may be designated as a person authorised to require a re-count under rule 53.

(4) A designation under paragraph (3) must be made as the same time as the person's appointment as a counting agent.

(5) Not more than four polling agents, or such greater number as the returning officer may by notice allow, shall be permitted to attend at any particular polling station.

(6) If the number of such agents appointed to attend at a particular polling station exceeds the allowed number, the returning officer must determine which agents are permitted to attend by lot, and only the agents on whom the lot falls shall be deemed to have been duly appointed.

(7) The returning officer may limit the number of counting agents, but in doing so must ensure that—

(a) the number is the same in the case of each candidate, and

(b) the number allowed to a candidate must not (except in special circumstances) be less than the number obtained by dividing the number of clerks employed on the counting by the number of candidates.

(8) For the purposes of the calculations required by paragraph (7) , a counting agent appointed for more than one candidate is a separate agent for each of the candidates for whom the agent has been appointed.

(9) Notice in writing of the appointment, stating the names and addresses of the persons appointed, must be given by the candidate to the returning officer and must be so given not later than the fifth day (disregarding any day referred to in rule 4(1)) before the day of the poll.

(10) If an agent dies, or becomes incapable of acting, the candidate may appoint another person in his or her place, and must forthwith give to the returning officer notice in writing of the name and address of that other person.

(11) Any appointment for a candidate authorised by this rule may be made and the notice of appointment given to the returning officer by the candidate's election agent, instead of by the candidate.

(12) In the following provisions of these Rules references to polling agents and counting agents shall be taken as references to agents—

(a) whose appointments have been duly made and notified, and

(b) where the number of agents is restricted, who are within the permitted numbers.

(13) Any notice required to be given to a counting agent by the returning officer may be delivered at, or sent by post to, the address stated in the notice of appointment.

(14) A candidate may do any act or thing which any polling or counting agent of the candidate's, if appointed, would have been authorised to do, or may assist his or her agent in doing any such act or thing.

(15) A candidate's election agent may do or assist in doing anything which the candidate's polling or counting agent is authorised to do, and anything required or authorised by these Rules to be done in the presence of the polling or counting agent may be done in the presence of a candidate's election agent instead of his polling agent or counting agent.

(16) Where by these Rules any act or thing is required or authorised to be done in the presence of the polling or counting agent, the non-attendance of any agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Section 30 Notification of requirement of secrecy

(1) The returning officer must make such arrangements as the returning officer thinks fit to ensure that—

(a) every person attending at a polling station (otherwise than for the purpose of voting or assisting a voter with disabilities to vote or as a constable on duty there) has been given a copy in writing of the provisions of subsections (1), (3) and (6) of section 66 of the 1983 Act, and

(b) every person attending at the counting of the votes (other than any constable on duty at the counting) has been given a copy in writing of the provisions of subsections (2) and (6) of that section.

(2) In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).

Section 31 Return of postal ballot papers

(1) Where—

(a) a postal vote has been returned in respect of a person who is entered on the postal voters list, or

(b) a proxy postal vote has been returned in respect of a proxy who is entered on the proxy postal voters list,

the returning officer must mark the list in the manner prescribed by regulations made under the 1983 Act.

(2) Rule 47(4) does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.

Section 32 Admission to polling station

(1) The presiding officer must exclude all persons from the polling station except—

(a) voters,

(b) persons under the age of 18 who accompany voters to the polling station,

(ba) persons aged 18 or over returning a postal ballot paper or postal voting statement by hand in accordance with rule 47(3)(b),

(c) the candidates and their election agents,

(d) the polling agents appointed to attend at the polling station,

(e) the clerks appointed to attend at the polling station,

(f) persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000 ,

(g) the returning officer and the returning officer's clerks;

(h) the CA/CCA returning officer and the CA/CCA returning officer's clerks,

(i) the constables on duty, and

(j) the companions of voters with disabilities.

(2) The presiding officer must regulate the total number of voters and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.

(3) Not more than one polling agent shall be admitted at the same time to a polling station on behalf of the same candidate.

(4) A constable or person employed by a returning officer or by the CA/CCA returning officer must not be admitted to vote in person elsewhere than at their own polling station allotted to them under these Rules, except on production and surrender of a certificate as to that person's employment which must be in the appropriate form in the Appendix, or a form to the like effect, and signed by an officer of police of or above the rank of inspector or by the returning officer or CA/CCA returning officer, as the case may be.

(5) Any certificate surrendered under this rule must forthwith be cancelled.

(6) In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002.

Section 33 Keeping of order in station

(1) It is the presiding officer's duty to keep order at the polling station.

(2) If a person misconducts themselves in a polling station, or fails to obey the presiding officer's lawful orders, that person may immediately, by the presiding officer's order, be removed from the polling station—

(a) by a constable in or near that station, or

(b) by any other person authorised in writing by the returning officer to remove him or her,

and the person so removed shall not, without the presiding officer's permission, again enter the polling station during the day.

(3) Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.

(4) The powers conferred by this rule must not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Section 34 Sealing of ballot boxes

Immediately before the commencement of the poll, the presiding officer must—

(a) show the ballot box, empty, to such persons, if any, as are present in the polling station, so that they may see that the box is empty,

(b) lock up the box (if it has a lock),

(c) place the presiding officer's seal—

(i) on the lock, or

(ii) where the ballot box has no lock, on the box,

in such a manner as to prevent its being opened without breaking the seal,

(d) place the box in his or her view for the receipt of ballot papers, and

(e) keep the box locked and sealed or, as the case may be, sealed.

Section 35 Questions to be put to voters

(1) At the time of the application for a ballot paper (but not afterwards), the questions specified in the second column of the following Table—

(a) may be put by the presiding officer to a person applying for a ballot paper who is mentioned in the first column, and

(b) must be put if (where applicable) the person has answered the previous question in the manner indicated, and the letter “R” appears after the question and the candidate or his election or polling agent requires the question to be put:

(za) What is your name?

(zb)What is your address?

(a) Are you the person registered in the register of local government electors for this election as follows? read the whole entry from the register [R]

(b) Have you already voted here or elsewhere at this election for a combined authority mayor or a combined county authority mayor otherwise than as proxy for some other person? [R]

(za) What is your name?

(zb)What is your address?

(a) Are you the person whose name appears as AB in the list of proxies for this election as entitled to vote as proxy on behalf of CD? [R]

(b) Have you already voted here or elsewhere at this election for a combined authority mayor or a combined county authority mayor as proxy on behalf of CD? [R]

(c) Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

(d) If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

(e) If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(f) If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(za) What is your name?

(zb)What is your address?

(a) Are you the person entitled to vote as proxy on behalf of the elector whose number on the register of electors is (read out the number) ? [R]

(b) Have you already voted here or elsewhere as proxy on behalf of the elector whose number on the register of electors is (read out the number) ? [R]

(c) Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

(d) If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

(e) If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(f) If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(za) What is your name?

(zb)What is your address?

(a) Did you apply to vote by post?

(b) Why have you not voted by post?

(za) What is your name?

(zb)What is your address?

(a) Did you apply to vote by post as proxy?

(b) Why have you not voted by post as proxy?

(2) In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references in the questions at entries 1(a) and 3(a) and (b) to reading from the register shall be taken as references to reading from the notice issued under section 13B(3B) or (3D) of the 1983 Act.

(2A) Where a clerk—

(a) gives a person the required information (see paragraph (5)),

(b) puts a question specified in paragraph (1) to the person, and

(c) decides that the person has failed to answer the question satisfactorily,

the clerk must refer the matter to the presiding officer, who must put the question to the person again.

(3) Where the presiding officer—

(a) gives a person the required information,

(b) puts a question specified in paragraph (1) to the person (whether or not following a referral under paragraph (2A)), and

(c) decides that the person has failed to answer the question satisfactorily,

the officer must refuse to deliver a ballot paper to the person (and see rule 41A (procedure where ballot paper is refused under this paragraph)).

(3A) For the purposes of this rule, a person answers the question “What is your name?” or “What is your address?” satisfactorily if—

(a) where one of those questions is put, the answer matches a name or address (as the case may be) in the register of local government electors;

(b) where both those questions are put, the answers match a name and address in that register that relate to the same person.

(3B) In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references to the register in paragraph (3A) are to be read as references to the notice issued under section 13B(3B) or (3D).

(4) Except as authorised by this rule, no inquiry shall be permitted as to the right of any person to vote (and for the purposes of this paragraph, an inquiry relating to the production of identification by a voter is not to be regarded as an inquiry as to the right of the person to vote) .

(5) For the purposes of this rule, a person to whom any question is to be put is given “the required information” if the person is first informed that—

(a) a ballot paper will be refused if the person fails to answer each question satisfactorily, and

(b) giving false information may be an offence.

Section 36 Challenge of voter

A person must not be prevented from voting by reason only that—

(a) a candidate or the candidate's election or polling agent declares that he or she has reasonable cause to believe that the person has committed an offence of personation, or

(b) the person is arrested on the grounds that he or she is suspected of committing or of being about to commit such an offence.

Section 37 Voting procedure

(1) Subject to rule 35(3) and to paragraphs (1A) to (1M), a ballot paper must be delivered to a voter who applies for one, and immediately before delivery—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the number of the elector must be marked on the list mentioned in rule 28(3)(d) beside the number of the ballot paper to be issued to the elector,

(c) a mark must be placed in the copy of the register of electors against the number of the elector to note that a ballot paper has been received but without showing the particular ballot paper which has been received, and

(d) in the case of a person applying for a ballot paper as proxy, a mark must also be placed against his name in the list of proxies.

(1A) A ballot paper must not be delivered to a voter unless the voter produces a specified document to the presiding officer or a clerk.

(1B) The presiding officer or clerk must arrange for the voter to produce any document in a private area of the polling station if the voter so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter.

(1C) Paragraph (1D) applies in relation to a voter where—

(a) the voter produces a specified document to a clerk and the clerk decides that the document raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or

(b) the voter produces a document to a clerk that the clerk reasonably suspects to be a forged document.

(1D) Where this paragraph applies, the clerk must refer the matter and produce the document to the presiding officer, who must proceed as if the voter had produced the document to the presiding officer in the first place.

(1E) The presiding officer must refuse to deliver a ballot paper to a voter where—

(a) the voter produces a specified document to the officer and the officer decides that the document raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or

(b) the voter produces a document to the officer that the officer reasonably suspects to be a forged document.

(1F) Paragraph (1E)(a) does not apply where—

(a) a discrepancy between the name of the holder of a specified document and the name of the elector or proxy that the voter claims to be is resolved to the presiding officer’s satisfaction at the time of the application by the voter producing further proof of identity, and

(b) the presiding officer has no other reason (arising from any document produced by the voter) to doubt that the voter is the elector or proxy that the voter claims to be.

(1G) The refusal to deliver a ballot paper to a voter under paragraph (1E) does not prevent the voter making a further application under paragraph (1), and paragraphs (1A) to (1F) apply on any further application.

(1H) In this rule, a “ forged document ” means a false document made to resemble a specified document.

(1I) In this rule, a “specified document”—

(a) except in the case of a voter who has an anonymous entry in the register of electors, means a document which for the time being falls within the list specified in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary election rules);

(b) in the case of a voter who has an anonymous entry in the register of electors, means an anonymous elector’s document which—

(i) was issued by the registration officer for the ... council in whose area the polling station to which the voter is allotted is situated,

(ii) contains the number—

(aa) allocated to the voter as stated in the copy of the register of electors, or

(bb) where an entry relating to the voter is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice.

(1J) Subject to paragraph (1K), a reference in this rule to a document that is a specified document is a reference to the document regardless of any expiry date relating to it.

(1K) Paragraph (1J) does not apply to a temporary electoral identity document where the date of the poll for the election is after the date for which the document is issued.

(1L) No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s identity, except as permitted by the voter.

(1M) References in this rule to producing a document are to producing it for inspection.

(2) In the case of an elector who has an anonymous entry, the elector (E) must show the presiding officer E's official poll card ....

(3) In the case of an elector who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (1) is modified as follows—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in sub-paragraph (c), for “in the register of electors” substitute “ on the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act ” .

(4) The voter, on receiving the ballot paper, must forthwith proceed into one of the compartments in the polling station and there secretly mark the paper and fold it up so as to conceal the vote, and must then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper so folded up into the ballot box in the presiding officer's presence.

(5) The voter must vote without undue delay, and must leave the polling station as soon as the voter's ballot paper has been put into the ballot box.

(6) A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purposes of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these Rules apply in relation to such a voter accordingly.

Section 38 Votes marked by presiding officer

(1) Subject to paragraph (1A), the presiding officer, on the application of a voter—

(a) who is incapacitated by blindness or other disability from voting in the manner directed by these Rules, or

(b) who declares orally that he or she is unable to read,

must, in the presence of the polling agents, cause the voter's vote to be marked on a ballot paper in the manner directed by the voter, and the ballot paper to be placed in the ballot box.

(1A) Paragraphs (1A) to (1M) of rule 37 apply in the case of a voter who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 37(1), but as if—

(a) references to delivering a ballot paper to a voter were to causing a voter’s vote to be marked on a ballot paper, and

(b) in rule 37(1G), the reference to paragraph (1) of rule 37 were to paragraph (1) of this rule.

(2) The name and number on the register of electors of every voter whose vote is marked in pursuance of this rule, and the reason why it is so marked, must be entered on a list (in these Rules called “the list of votes marked by the presiding officer”).

(3) In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name shall be the elector's number.

(4) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (2) applies as if for “on the register of electors of every voter” there were substituted “ relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act ” .

Section 39 Voting by persons with disabilities

(1) If a voter makes an application to the presiding officer to be allowed, on the ground of—

(a) blindness or other disability, or

(b) inability to read,

to vote with the assistance of another person by whom the voter is accompanied (in these Rules referred to as “ the companion ”), the presiding officer must require the voter to declare, orally or in writing, whether the voter is so incapacitated by blindness or other disability, or by inability to read, as to be unable to vote without assistance.

(2) Subject to paragraph (2A), if the presiding officer—

(a) is satisfied that the voter is so incapacitated, and

(b) is also satisfied by a written declaration made by the companion (in these Rules referred to as “ the declaration made by the companion of a voter with disabilities ”) that the companion—

(i) is a qualified person within the meaning of this rule, and

(ii) has not previously assisted more than one voter with disabilities to vote at the election,

the presiding officer must grant the application, and then anything which is by these Rules required to be done to or by that voter in connection with the giving of the voter's vote may be done to, or with the assistance of, the companion.

(2A) Paragraphs (1A) to (1M) of rule 37 apply in the case of a voter who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 37(1), but as if—

(a) references to delivering a ballot paper to a voter were to granting a voter’s application, and

(b) in rule 37(1G), the reference to paragraph (1) of rule 37 were to paragraph (1) of this rule.

(3) For the purposes of these Rules—

(a) a person is a voter with disabilities if the voter has made such a declaration as is mentioned in paragraph (1), and

(b) a person shall be qualified to assist a voter with disabilities to vote if that person is aged 18 or over .

(4) Subject to paragraph (5), the name and number in the register of electors of every voter whose vote is given in accordance with this rule and the name and address of the companion must be entered on a list (in these Rules referred to as “ the list of voters with disabilities assisted by companions ”).

(5) In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name shall be the elector's number.

(6) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (4) applies as if for “in the register of electors of every voter” there were substituted “ relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act ” .

(7) The declaration made by the companion of a voter with disabilities—

(a) must be in the appropriate form in the Appendix or a form to the like effect,

(b) must be made before the presiding officer at the time when the voter applies to vote with the assistance of the companion, and

(c) must forthwith be given to the presiding officer who must attest and retain it.

(8) No fee or other payment shall be charged in respect of the declaration.