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

• Citation: S.I. 2023/1141
• Sections: 11

Section 1 Citation, commencement, extent and savings

(1) These Regulations may be cited as the Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023.

(2) Subject to paragraph (3), these Regulations come into force on 1st November 2023.

(3) Regulations 4(2), 5(a), 6(a), 7(2)(a) and (3)(a) and 8(2) and (3) come into force on 2nd May 2024.

(4) Any amendment or modification made by these Regulations has the same extent as the provision being amended or modified.

(5) The amendments made by regulations 3(2)(c) and (3)(c), 4(4)(b) and 9(2)(c) and (3)(c) do not apply in relation to an election in respect of which a notice of election is published in accordance with the relevant rule on or before 31st October 2023.

(6) The amendments made by the following do not apply in relation to an election in respect of which the date of poll as specified in the notice of election published in accordance with the relevant rule is on or before 1st May 2024—

(a) regulation 3(2)(a), (b), (d) and (e)(i)(aa) and (bb), (ii) and (iii) and (3)(a), (b), (d) and (e)(i)(aa) and (bb), (ii) and (iii);

(b) regulation 4(4)(a), (c) and (d);

(c) regulation 9(2)(a), (b), (d) and (e)(i) and (3)(a), (b), (d) and (e)(i);

(d) regulation 11.

(7) The amendments made by regulations 3(2)(e)(i)(cc) and (dd), (iv) and (v) and (3)(e)(i)(cc) and (dd), (iv) and (v) and 9(2)(e)(ii) and (3)(e)(ii) do not apply in relation to an election in respect of which the date of poll as specified in the notice of election published in accordance with the relevant rule is on or before 6th May 2024.

(8) In this regulation, “ relevant rule ” means (as the case may be)—

(a) rule 5 of Schedule 1 or rule 5 of Schedule 3 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 ;

(b) rule 4 of Schedule 3 to the Police and Crime Commissioner Elections Order 2012 ;

(c) rule 5 of Schedule 1 or rule 5 of Schedule 3 to the Combined Authorities (Mayoral Elections) Order 2017 .

Section 2 Modifications for a mayoral election in the period beginning with 2nd May 2024 and ending with 6th May 2024

(1) This regulation applies to a mayoral election under the 2007 Regulations or the 2017 Order for which the date of the poll is 2nd, 3rd, 4th, 5th or 6th May 2024.

(2) Where the reference to “the appropriate form” in rule 9(b) of Schedule 1 to the 2007 Regulations would be interpreted, if the date of the poll was on or after 7th May 2024, as a reference to Form 2A in the Appendix of Forms in that Schedule , the reference is to be interpreted as a reference to the Form set out in Part 1 of Schedule 1 to these Regulations.

(3) Where the reference to “the appropriate form” in rule 9(b) of Schedule 3 to the 2007 Regulations would be interpreted, if the date of the poll was on or after 7th May 2024, as a reference to Form 2A in the Appendix of Forms in that Schedule , the reference is to be interpreted as a reference to the Form set out in Part 2 of Schedule 1 to these Regulations.

(4) The reference to “the appropriate form” in—

(a) rule 9(1)(b) of Schedule 1 to the 2017 Order is to be interpreted as a reference to the Form set out in Part 3 of Schedule 1 to these Regulations;

(b) rule 9(1)(b) of Schedule 3 to the 2017 Order is to be interpreted as a reference to the Form set out in Part 4 of Schedule 1 to these Regulations.

(5) In this regulation—

“ 2007 Regulations ” means the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007;

“ 2017 Order ” means the Combined Authorities (Mayoral Elections) Order 2017;

“ date of the poll ” means the date of the poll as specified in the notice of election published in accordance with (as the case may be) the rule mentioned in sub-paragraph (a) or (c) of regulation 1(8).

Section 3 Amendment of the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007

(1) The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 are amended as follows.

(2) In Schedule 1 (the mayoral elections rules)—

(a) in rule 6 (nomination of candidates), for paragraph (4) substitute—

(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).

(b) in rule 9 (consent to nomination), in paragraph (b)(i), for “and section 34 of the Localism Act 2011” substitute “, section 34 of the Localism Act 2011 and section 30 of the Elections Act 2022” ;

(c) in rule 11 (decisions as to validity of nomination papers and home address forms), in paragraph (2)—

(i) omit the “and” after sub-paragraph (a);

(ii) after sub-paragraph (b) insert—

(c) in the case of a mayoral election held in England, that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.

(d) in rule 12 (publication of statement of persons nominated), in paragraph (3)—

(i) for “in addition to another name” substitute “in accordance with rule 6(4)” ;

(ii) for “any other name” substitute “the other surname or forename” ;

(e) in the Appendix of Forms—

(i) in the list of forms—

(aa) in the entry for form 1, at the end insert “(for use at mayoral elections in Wales)” ;

(bb) after the entry for form 1, insert “Form 1A: Nomination paper (for use at mayoral elections in England)” ;

(cc) in the entry for form 2, at the end insert “(for use at mayoral elections in Wales)” ;

(dd) after the entry for form 2, insert “Form 2A: Candidate’s consent to nomination (for use at mayoral elections in England)” ;

(ii) omit the version of form 1 (nomination paper) which applies to mayoral elections in England;

(iii) after form 1 (nomination paper) insert form 1A as set out in Part 1 of Schedule 2 to these Regulations;

(iv) omit the version of form 2 (candidate’s consent to nomination) which applies to mayoral elections in England ;

(v) after form 2 (candidate’s consent to nomination) insert form 2A as set out in Part 1 of Schedule 2 to these Regulations.

(3) In Schedule 3 (mayoral election (combination of polls) rules)—

(a) in rule 6 (nomination of candidates), for paragraph (4) substitute—

(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).

(b) in rule 9 (consent to nomination), in paragraph (b)(i) for “and section 34 of the Localism Act 2011” substitute “, section 34 of the Localism Act 2011 and section 30 of the Elections Act 2022” ;

(c) in rule 11 (decisions as to validity of nomination papers and home address forms), in paragraph (2)—

(i) omit the “and” after sub-paragraph (a);

(ii) after sub-paragraph (b) insert—

(c) in the case of a mayoral election held in England, that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.

(d) in rule 12 (publication of statement of persons nominated), in paragraph (3)—

(i) for “in addition to another name” substitute “in accordance with rule 6(4)” ;

(ii) for “any other name” substitute “the other surname or forename” ;

(e) in the Appendix of Forms—

(i) in the list of forms—

(aa) in the entry for form 1, at the end insert “(for use at mayoral elections in Wales)” ;

(bb) after the entry for form 1 insert “Form 1A: Nomination paper (for use at mayoral elections in England)” ;

(cc) in the entry for form 2, at the end insert “(for use at mayoral elections in Wales)” ;

(dd) after the entry for form 2 insert “Form 2A: Candidate’s consent to nomination (for use at mayoral elections in England)” ;

(ii) omit the version of form 1 (nomination paper) which applies to mayoral elections in England;

(iii) after form 1 (nomination paper) insert form 1A as set out in Part 2 of Schedule 2 to these Regulations;

(iv) omit the version of form 2 (candidate’s consent to nomination) which applies to mayoral elections in England ;

(v) after form 2 (candidate’s consent to nomination) insert form 2A as set out in Part 2 of Schedule 2 to these Regulations.

Section 4 Amendment of the Police and Crime Commissioner Elections Order 2012

(1) The Police and Crime Commissioner Elections Order 2012 is amended as follows.

(2) After article 18 (other voting offences) insert—

Influencing voters at polling booths

(18A)

(1) A person who—

(a) is with another person at a polling booth, and

(b) intends to influence that other person to vote in a particular way or to refrain from voting,

commits an offence.

(2) A person who—

(a) is near a polling booth when another person is at that booth, and

(b) intends to influence that other person to vote in a particular way or to refrain from voting,

commits an offence.

(3) For the purposes of this article—

(a) a “polling booth” is a compartment in a polling station in which voters can mark votes screened from observation;

(b) assisting a person with voting, in accordance with rule 41 of Schedule 3 or any other legislation, is not influencing that person to vote in a particular way or to refrain from voting;

(c) a person may be near one polling booth while at a different polling booth.

(4) A person who commits an offence under this article is liable on summary conviction to imprisonment for a term not exceeding 6 months, to a fine or to both.

(3) For article 69 (undue influence) substitute—

Undue Influence

(69)

(1) A person is guilty of a corrupt practice if the person is guilty of undue influence.

(2) A person (“ P ”) is guilty of undue influence if P carries out an activity falling within paragraph (4) for the purpose of—

(a) inducing or compelling a person to vote in a particular way or to refrain from voting, or

(b) otherwise impeding or preventing the free exercise of the franchise of an elector or of a proxy for an elector.

(3) A person (“ P ”) is also guilty of undue influence if P carries out an activity falling within any of sub-paragraphs (a) to (f) of paragraph (4) on account of—

(a) a person having voted in a particular way or refrained from voting, or

(b) P assuming a person to have voted in a particular way or to have refrained from voting.

(4) The following activities fall within this paragraph—

(a) using or threatening to use violence against a person;

(b) damaging or destroying, or threatening to damage or destroy, a person’s property;

(c) damaging or threatening to damage a person’s reputation;

(d) causing or threatening to cause financial loss to a person;

(e) causing spiritual injury to, or placing undue spiritual pressure on, a person;

(f) doing any other act designed to intimidate a person;

(g) doing any act designed to deceive a person in relation to the administration of a PCC election.

(5) For the purposes of paragraphs (2) and (3) an activity is carried out by a person (“ P ”) if it is carried out—

(a) by P,

(b) by P jointly with one or more other persons, or

(c) by one or more other persons on behalf of P and with P’s authority or consent.

(6) In paragraph (4)(f) and (g) “ act ” includes an omission (and references to the doing of an act are to be read accordingly).

(4) In Schedule 3 (rules for the conduct of PCC elections where poll not taken together with poll at another election)—

(a) in rule 5 (nomination of candidates)—

(i) in paragraph (1) omit from “(in English or at” to “in Welsh)”;

(ii) for paragraph (3) substitute—

(3) 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 (2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).

(b) in rule 11 (decisions as to validity of nomination papers), in paragraph (2), after sub-paragraph (b) insert—

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

(c) in rule 13 (publication of statement of persons nominated), in paragraph (3)—

(i) for “in addition to another name” substitute “in accordance with rule 5(3)” ;

(ii) for “any other name” substitute “the other surname or forename” ;

(d) in Part 8 (forms referred to in Parts 1 to 7 of this Schedule)—

(i) in the table list of forms, in the entry for form 6, in the left hand column, omit “(in English and in Welsh)”;

(ii) omit form 6 in Welsh (Enwebu ymgeiswyr );

(iii) for form 6 in English (nomination of candidates) and form 7 (consent to nomination) substitute the corresponding form set out in Schedule 3 to these Regulations.

Section 5 Amendment of the Local Authorities (Conduct of Referendums) (England) Regulations 2012

In Table 1 (Representation of the People Act 1983) of Schedule 4 (application, with modifications, of Acts and subordinate legislation) to the Local Authorities (Conduct of Referendums) (England) Regulations 2012 —

(a) after the entry for section 62A (offences relating to applications for postal and proxy votes) insert—

(b) for the entry for section 115 (undue influence) substitute—

Section 6 Amendment of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012

In Table 1 (Representation of the People Act 1983) of Schedule 4 (application, with modifications, of Acts and subordinate legislation) to the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 —

(a) after the entry for section 62A (offences relating to applications for postal and proxy votes) insert—

(b) for the entry for section 115 (undue influence) substitute—

Section 7 Amendment of the Neighbourhood Planning (Referendums) Regulations 2012

(1) The Neighbourhood Planning (Referendums) Regulations 2012 are amended as follows.

(2) In Table 1 (Representation of the People Act 1983) in Part 1 of Schedule 4 (application, with modification, of other Acts and subordinate legislation)—

(a) after the entry for section 62A (offences relating to applications for postal and proxy votes) insert—

(b) for the entry for section 115 (undue influence) substitute—

(3) In Table 1 (Representation of the People Act 1983) of Schedule 8 (application, with modification, of other Acts and subordinate legislation in respect of business referendums)—

(a) after the entry for section 62A (offences relating to applications for postal and proxy votes) insert—

(b) for the entry for section 115 (undue influence) substitute—

Section 8 Amendment of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016

(1) The Recall of MPs Act 2015 (Recall Petition) Regulations 2016 are amended as follows.

(2) In regulation 117 (interpretation), after paragraph (b) insert—

(ba) regulation 123A (influencing persons signing a petition),

(3) After regulation 123 (requirement of secrecy) insert—

Influencing persons signing a petition

(123A)

(1) A person who—

(a) is with or near a person at a petition signing place when that other person has received a signing sheet, and

(b) intends to influence that other person to sign that petition or to refrain from signing that petition,

commits an offence.

(2) For the purposes of this regulation, endorsement of a person’s signing sheet, in accordance with regulation 29, is not influencing that person to sign that petition or to refrain from signing that petition.

(3) A person who commits an offence under this regulation is liable on summary conviction to imprisonment for a term not exceeding six months, to a fine or to both.

(4) For regulation 136 substitute—

Undue influence

(136)

(1) A person is guilty of a corrupt practice if the person is guilty of undue influence.

(2) A person (“ P ”) is guilty of undue influence if P carries out an activity falling within paragraph (4) for the purpose of—

(a) inducing or compelling a person to sign a petition or to refrain from signing a petition, or

(b) otherwise impeding or preventing the free exercise of the entitlement to sign a petition of an elector or a proxy for an elector.

(3) A person (“ P ”) is also guilty of undue influence if P carries out an activity falling within any of sub-paragraphs (a) to (f) of paragraph (4) on account of—

(a) a person having signed a petition or having refrained from signing a petition, or

(b) P assuming a person to have signed a petition or to have refrained from signing a petition.

(4) The following activities fall within this paragraph—

(a) using or threatening to use violence against a person;

(b) damaging or destroying, or threatening to damage or destroy, a person’s property;

(c) damaging or threatening to damage a person’s reputation;

(d) causing or threatening to cause financial loss to a person;

(e) causing spiritual injury to, or placing undue spiritual pressure on, a person;

(f) doing any other act designed to intimidate a person;

(g) doing any act designed to deceive a person in relation to the administration of a petition.

(5) For the purposes of paragraphs (2) and (3) an activity is carried out by a person (“ P ”) if it is carried out—

(a) by P,

(b) by P jointly with one or more other persons, or

(c) by one or more other persons on behalf of P and with P’s authority or consent.

(6) In paragraph (4)(f) and (g) “ act ” includes an omission (and references to the doing of an act are to be read accordingly).

Section 9 Amendment of the Combined Authorities (Mayoral Elections) Order 2017

(1) The Combined Authorities (Mayoral Elections) Order 2017 is amended as follows.

(2) In Schedule 1 (the combined authority mayoral elections rules)—

(a) in rule 6 (nomination of candidates), for paragraph (4) substitute—

(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).

(b) in rule 9 (consent to nomination), in paragraph (1)(b), after “Localism Act 2011” insert “, section 30 of the Elections Act 2022” ;

(c) in rule 12 (decisions as to validity of nomination papers and home address forms), in paragraph (2)—

(i) omit the “and” after sub-paragraph (a);

(ii) after sub-paragraph (b) insert—

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

(d) in rule 13 (publication of statement of persons nominated), in paragraph (3)—

(i) for “in addition to another name” substitute “in accordance with rule 6(4)” ;

(ii) for “any other name” substitute “the other surname or forename” ;

(e) in the Appendix of Forms, for—

(i) form 1 (nomination paper); and

(ii) form 2 (candidate’s consent to nomination),

substitute the corresponding forms in Part 1 of Schedule 4 to these Regulations.

(3) In Schedule 3 (Combined authority mayoral election (combination of polls) rules)—

(a) in rule 6 (nomination of candidates), for paragraph (4) substitute—

(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).

(b) in rule 9 (consent to nomination), in paragraph (1)(b), after “Localism Act 2011” insert “, section 30 of the Elections Act 2022” ;

(c) in rule 12 (decisions as to validity of nomination papers and home address forms), in paragraph (2)—

(i) omit the “and” after sub-paragraph (a);

(ii) after sub-paragraph (b) insert—

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

(d) in rule 13 (publication of statement of persons nominated), in paragraph (3)—

(i) for “in addition to another name” substitute “in accordance with rule 6(4)” ;

(ii) for “any other name” substitute “the other surname or forename” ;

(e) in the Appendix of Forms, for—

(i) form 1 (nomination paper); and

(ii) form 2 (candidate’s consent to nomination),

substitute the corresponding forms in Part 2 of Schedule 4 to these Regulations.

Section 10 Amendment of the Combined Authorities (Mayors) (Filling of Vacancies) Order 2017

In article 4 (date on which vacancy occurs) of the Combined Authorities (Mayors) (Filling of Vacancies) Order 2017 , after paragraph (e) insert—

(f) in the case of a disqualification by virtue of an order under section 30 of the Elections Act 2022 (disqualification orders), on the date the office is vacated in accordance with section 31 of that Act (vacation of office etc).

Section 11 Amendment of the Police and Crime Commissioner Elections (Welsh Forms) Order 2021

(1) The Police and Crime Commissioner Elections (Welsh Forms) Order 2021 is amended as follows.

(2) In article 4 (Welsh versions of forms), in Table 2, before the entry for Form 7 (consent to nomination) insert—

(3) In Schedule 2 (Welsh versions of prescribed forms)—

(a) before Form 7, insert Form 6 (Enwebu ymgeiswyr) set out in Schedule 5 to these Regulations;

(b) for Form 7 (cydsynio ag enwebiad) substitute the corresponding form in Schedule 5 to these Regulations.