Local Elections (Parishes and Communities) Rules 1986
| Jurisdiction | UK Non-devolved |
| Citation | SI 1986/2215 |
1986 No. 2215
REPRESENTATION OF THE PEOPLE
The Local Elections (Parishes and Communities) Rules 198616thDecember 1986
5thJanuary 1987
In exercise of the powers conferred upon me by section 36(2) of the Representation of the People Act 1983(a), I hereby make the following Rules:—
Citation and extent
1.— (1) These Rules may be cited as the Local Elections (Parishes and Communities) Rules 1986.
(2) These Rules do not extend to Scotland or Northern Ireland.
Commencement
2.— (1) Subject to paragraph (2) below, these Rules shall come into operation on 16th February 1987 except for the purposes of any election the notice of which is published before that date.
(2) The provisions in these Rules in so far as they relate to absent voting and the revocation of rule 22 (list of proxies) in Schedule 1 to the Local Elections (Parishes and Communities) Rules 1973(b) shall come into operation on 27th January 1987 for the purposes of an election the poll at which is held on or after 16th February 1987.
Revocations
3. The Rules specified in Schedule 1 to these Rules are revoked.
(a) 1983 c.2; the power in section 36 is referred to in sections 90(1)(b) and 187(1) of the Representation of the People Act 1983 and section 83(4) (read with section 17(2)(a) of the Interpretation Act 1978 (c.30)) and section 89(6) (as amended by paragraph 13 of Schedule 8 to the Act of 1983) of the Local Government Act 1972 (c.70).
(b) S.I. 1973/1910.
Interpretation
4. In these Rules, "principal area" means a county or district.
Elections rules
5. In the application of the parliamentary elections rules(a) to the election of councillors of the council of a parish or community where the poll at that election is not taken together with the poll at another election under section 36(3) of the Representation of the People Act 1983(b) or section 15(2) of the Representation of the People Act 1985(c), adaptations, alterations and exceptions shall be made to those rules so that the election shall be conducted in accordance with the rules set out in Schedule 2 to these Rules.
Combination under section 36(3) of the Act of 1983
6. In the application of the parliamentary elections rules to the election of councillors of the council of a parish or community where the poll at that election is taken together with the poll at another election under section 36(3) of the Representation of the People Act 1983, adaptations, alterations and exceptions shall be made to those rules so that the election shall be conducted in accordance with the rules set out in Schedule 2 to these Rules, subject to the modifications set out in Schedule 3 to these Rules.
Combination under section 15(2) of the Act of 1985
7. In the application of the parliamentary elections rules to the election of councillors of the council of a parish or community where the poll at that election is taken together with the poll at another election under section 15(2) of the Representation of the People Act 1985, adaptations, alterations and exceptions shall be made to those rules so that the election is conducted in accordance with the rules set out in Schedule 2 to these Rules, subject to the modifications set out in Schedule 4 to these Rules.
Filling of casual vacancies
8.— (1) Where a casual vacancy occurs in the office of a parish or community councillor other than within six months before the day on which that councillor would regularly have retired, an election to fill the vacancy shall be held if within fourteen days (computed in accordance with rule 2 of the elections rules in Schedule 2 to these Rules) after public notice of the vacancy has been given in accordance with section 87(2) of the Local Government Act 1972(d), notice in writing of a request for such an election has been given to the proper officer of the council of the district in which the parish or community is
(a) The parliamentary elections rules were amended, so far as is relevant, by section 19(5) of, paragraphs 4 to 7 of Schedule 2 to, paragraphs 74 to 86 of Schedule 4 to, and Schedule 5 to, the Representation of the People Act 1985 (c.50) and, where the poll at a parliamentary election is taken together with the poll at a local government election or a European Assembly election, by Regulation 100 of the Representation of the People Regulations 1986 (S.I. 1986/1081).
(b) Section 36(3) was substituted by section 17 of the Representation of the People Act 1985 (c.50).
(c) 1985 c.50.
(d) 1972 c.70.
situate by ten persons who are registered as local government electors for the electoral area in which the vacancy occurs in the register in use at the time of such a request.
(2) Where a casual vacancy in any such office is required to be filled by election, the election shall be held on a day appointed by the returning officer, being a day falling within the period of sixty days (so computed) beginning with the day on which public notice of the vacancy was given.
(3) Subject to paragraph (4) below, where a casual vacancy in any such office is not required to be filled by election, the parish or community council shall, as soon as practicable after the expiry of the period of fourteen days referred to in paragraph (1) above, co-opt a person to fill the vacancy.
(4) In the case of a casual vacancy occurring in the office of a parish or community councillor within six months before the day on which that councillor would regularly have retired, paragraph (3) above shall have effect with the substitution of the word "may" for "shall"; and any vacancy not so filled shall be filled at the next ordinary election.
Modification of the Act of 1983
9. In the application of those provisions of the Representation of the People Act 1983 referred to in section 187(1) of that Act(a) to an election of parish or community councillors or an election of the chairman of a parish or community council the following modifications shall have effect:—
(a) for any reference to the proper officer of the authority there shall be substituted a reference to the returning officer, and
(b) in section 136(2)(b) of that Act(b) for the words "£2,500" there shall be substituted "£1,500".
Form of declarations
10.— (1) The declaration of acceptance of office by the chairman of a parish or community council or by a parish or community councillor shall be in the form in Part I of Schedule 5 to these Rules, or a form to the like effect.
(2) A declaration as to election expenses at an election of parish or community councillors shall be in the form in Part II of Schedule 5 to these Rules, or a form to the like effect.
Douglas Hurd, One of Her Majesty's Principal Secretaries of State.
Home Office.
16th December 1986.
(a) Section 187(1) was repealed in part by Schedule 5 to the Representation of the People Act 1985.
(b) Section 136(2)(b) was amended by paragraph 48(b) of Schedule 4 to the Representation of the People Act 1985.
Rule 3.
SCHEDULE 1
REVOCATIONS
Column 1 Column 2
Rules revoked References
The Local Elections
(Parishes and Communities)
Rules 1973 S.I. 1973/1910
The Local Elections
(Parishes and Communities)
(Amendment)
Rules 1974 S.I. 1974/84
The Local Elections
(Parishes and Communities)
(Amendment) Rules 1976 S.I. 1976/2066
The Local Elections
(Parishes and Communities)
(Amendment) Rules 1983 S.I. 1983/1153
Rule 5.
SCHEDULE 2
RULES FOR CONDUCT OF AN ELECTION OF COUNCILLORS OF A PARISH OR COMMUNITY WHERE POLL IS NOT TAKEN TOGETHER WITH POLL AT ANOTHER ELECTION
Arrangement of rules
PART I
PROVISIONS AS TO TIME
Rule
1. Timetable.
2. Computation of time.
PART II
STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS
NOTICE OF ELECTION
3. Notice of election.
NOMINATION
4. Nomination of candidates.
5. Subscription of nomination paper.
6. Consent to nomination.
7. Decisions as to validity of nomination papers.
8. Publication of statement of persons nominated.
9. Inspection of nomination papers and consents to nomination.
10. Withdrawal of candidates.
11. Nomination in more than one ward.
12. Method of election.
PART III
CONTESTED ELECTIONS
GENERAL PROVISIONS
13. Poll to be taken by ballot.
14. The ballot papers.
15. The official mark.
16. Prohibition of disclosure of vote.
17. Use of schools and public rooms.
ACTION TO BE TAKEN BEFORE POLL
18. Notice of poll.
19. Postal ballot papers.
20. Provision of polling stations.
21. Appointment of presiding officers and clerks.
22. Issue of official poll cards.
23. Equipment of polling stations.
24. Appointment of polling and counting agents.
25. Notification of requirement of secrecy.
THE POLL
26. Admission to polling station.
27. Keeping of order in station.
28. Sealing of ballot boxes.
29. Questions to be put to voters.
30. Challenge of voter.
31. Voting procedure.
32. Votes marked by presiding officer.
33. Voting by blind persons.
34. Tendered ballot papers.
35. Spoilt ballot papers.
36. Adjournment of poll in case of riot.
37. Procedure on close of poll.
COUNTING OF VOTES
38. Attendance at counting of votes.
39. The count.
40. Re-count.
41. Rejected ballot papers.
42. Decisions on ballot papers.
43. Equality of votes.
PART IV
FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS
44. Declaration of result.
PART V
DISPOSAL OF DOCUMENTS
45. Sealing up of ballot papers.
46. Delivery of documents.
47. Orders for production of documents.
48. Retention and public inspection of documents.
PART VI
DEATH OF CANDIDATE
49. Countermand or abandonment of poll on death of candidate.
APPENDIX OF FORMS
Form of nomination paper.
Form of candidate's consent to nomination.
Form of ballot paper.
Directions as to printing the ballot paper.
Form of declaration of identity.
Form of elector's official poll card.
Form of proxy's official poll card.
Form of directions for guidance of the voters in voting.
Form of certificate of employment.
Form of declaration to be made by the companion of a blind voter.
PART I
PROVISIONS AS TO TIME
Timetable
1. The proceedings at the election shall be conducted in accordance with the following...
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