Local Elections (Principal Areas) Rules 1973
| Jurisdiction | UK Non-devolved |
| Citation | SI 1973/79 |
| Year | 1973 |
1973 No. 79
REPRESENTATION OF THE PEOPLE
The Local Elections (Principal Areas) Rules 197316thJanuary 1973
31stJanuary 1973
1stMarch 1973
In exercise of the powers conferred upon me by sections 42 and 83 of the Local Government Act 1972(a), as respects the matter dealt with in Rule 3, and by sections 29 and 165(1) of, and rules 4, 5 and 10 of the local elections rules in Schedule 2 to, the Representation of the People Act 1949(b), section 61 of the Local Government Act 1933(c), paragraph 31(1) of Schedule 8 to the Local Government Act 1958(d), and paragraphs 13 and 14 of Schedule 3 to the London Government Act 1963(e), as respects other matters, I hereby make the following Rules and Regulations.
1.—(1) This Instrument may be cited as the Local Elections (Principal Areas) Rules 1973 and shall come into operation on 1st March 1973.
(2) The Interpretation Act 1889(f) shall apply to the interpretation of this Instrument as it applies to the interpretation of an Act of Parliament.
2.—(1) The Rules and Regulations specified in Schedule 1 hereto shall, subject to paragraph (2) below, be revoked as from 1st March 1973.
(2) Notwithstanding paragraph (1) above, the Rules and Regulations specified in Schedule 1 hereto shall apply in relation to an election held before 1st April 1974 to fill a casual vacancy on the council of a borough or district, as constituted immediately before the passing of the Local Government Act 1972, and in relation to the declaration of acceptance of office by a person elected at such an election.
(3) Section 38 of the Interpretation Act 1889 shall apply as if the Rules and Regulations revoked by this Instrument were Acts of Parliament.
3.—(1) In the application of the parliamentary elections rules in Schedule 2 to the Representation of the People Act 1949 to the first ordinary elections of councillors of a principal area (as defined in section 270 of the Local Government Act 1972) and to any subsequent elections of such councillors adaptations, alterations and exceptions shall be made therein so that the elections shall be conducted in accordance with the rules set out in Schedule 2 hereto:
(a) 1972 c. 70.
(b) 1949 c. 68.
(c) 1933 c. 51.
(d) 1958 c. 55.
(e) 1963 c. 33.
(f) 1889 c. 63.
Provided that—
(a) in relation to the first elections of county and district councillors in 1973 the rules shall apply subject to the adaptations, alterations and exceptions specified in Schedule 4 hereto;
(b) in relation to the ordinary elections of Greater London councillors in 1973 the rules shall apply subject to the adaptations, alterations and exceptions specified in Schedule 5 hereto:
(2) The declaration of acceptance of office by the chairman, deputy chairman, vice-chairman, alderman or councillor of a principal area shall, except as hereinbefore provided, be in the form of Schedule 3 hereto or a form to the like effect.
Robert Carr, One of Her Majesty's Principal Secretaries of State.
Home Office, Whitehall.
16th January 1973.
SCHEDULE 1
REVOCATIONS
Rules and Regulations References
The County and Borough Election Forms S.I. 1970/71 (1970 I, p. 380)
Regulations 1970
The Greater London Council Election S.I. 1970/92 (1970 I, p. 404)
Rules 1970
The Greater London Council Election S.I. 1971/1602 (1971 III, p. 4435)
(Amendment) Rules 1971
The London Borough Council Election S.I. 1970/131 (1970 I, p. 563)
Rules 1970
The London Borough Council Election S.I. 1971/1603 (1971 III, p. 4437)
(Amendment) Rules 1971
The Urban District Council Election S.I. 1969/756 (1969 II, p. 2080).
Rules 1969
The Urban District Council Election S.I. 1971/545 (1971 I, p. 1540).
Rules 1971
The Rural District Council Election S.I. 1969/757 (1969 II, p. 2107).
Rules 1969
The Rural District Council Election S.I. 1971/546 (1971 I, p. 1541).
Rules 1971
SCHEDULE 2
RULES FOR THE CONDUCT OF AN ELECTION OF COUNCILLORS FOR A PRINCIPAL LOCAL AUTHORITY AREA IN ENGLAND AND WALES
Arrangement of rules
PART I
PROVISIONS AS TO TIME
Rule
1. Timetable.
2. Computation of time.
3. Hours of poll.
PART II
STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS
4. Notice of election.
5. Nomination of candidates.
6. Subscription of nomination paper.
7. Consent to nomination.
8. Decisions as to validity of nomination papers.
9. Publication of nominations.
10. Inspection of nomination papers and consents to nomination.
11. Withdrawal of candidates.
12. Nomination in more than one electoral area.
13. Method of election.
PART III
CONTESTED ELECTIONS
GENERAL PROVISIONS
14. Poll to be taken by ballot.
15. The ballot papers.
16. The official mark.
17. Prohibition of disclosure of vote.
18. Use of schools and public rooms.
ACTION TO BE TAKEN BEFORE THE POLL
19. Notice of poll.
20. Postal ballot papers.
21. Provision of polling stations.
22. Appointment of presiding officers and clerks.
23. Special lists.
24. Issue of official poll cards.
25. Equipment of polling stations.
26. Appointment of polling and counting agents.
27. Declaration of secrecy.
THE POLL
28. Admission to polling station.
29. Keeping of order in station.
30. Sealing of ballot boxes.
31. Questions to be put to voters.
32. Challenge of voter.
33. Voting procedure.
34. Votes marked by presiding officer.
35. Voting by blind persons.
36. Tendered ballot papers.
37. Spoilt ballot papers.
38. Adjournment of poll in case of riot.
39. Procedure on close of poll.
COUNTING OF VOTES
40. Attendance at counting of votes.
41. The count.
42. Re-count.
43. Rejected ballot papers.
44. Decisions on ballot papers.
45. Equality of votes.
PART IV
FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS
46. Declaration of result.
47. The return.
PART V
DISPOSAL OF DOCUMENTS
48. Sealing of ballot papers.
49. Delivery of documents.
50. Orders for production of documents.
51. Retention and public inspection of documents.
52. Supplemental provisions as to documents.
PART VI
SUPPLEMENTAL
53. Countermand or abandonment of poll on death of candidate.
54. General duty of returning officer.
55. Notices.
56. Interpretation.
APPENDIX
FORMS
Notice of election.
Nomination paper.
Candidate's consent to nomination.
Statement as to persons nominated.
Ballot paper.
Elector's official poll card.
Proxy's official poll card.
Directions for the guidance of voters in voting.
Certificate of employment.
Declaration to be made by the companion of a blind voter.
PART I
PROVISIONS AS TO TIME
Timetable
1. The proceedings at the elections shall be conducted in accordance with the following Table.
TIMETABLE
Proceeding Time
Publication of notice of election … Not later than the twenty-fifth day
before the day of election.
Delivery of nomination papers … … Not later than noon on the
nineteenth day before the day of
election.
Publication of statement as to persons Not later than noon on the
nominated seventeenth day before the day
of election.
Delivery of notices of withdrawals of Not later than noon on the sixteenth candidature … … … … … … day before the day of election.
Notice of poll … … … … … … Not later than the sixth day before
the day of election.
Notice of appointment of polling or Not later than the fifth day before counting agents … … … … … the day of election.
Polling … … … … … … … On the day of election.
Computation of time
2.—(1) In computing any period of time for the purposes of the timetable in rule 1 a Sunday, day of the Christmas break, of the Easter break or of a bank holiday break or 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 thereon:
Provided that where under Part III of these rules a person ought to proceed with the preparation of special lists or the issue of postal ballot papers on the first or last days of the Christmas break, the Easter break or a bank holiday break or on the Saturday in the Easter break, nothing in this rule shall absolve him from that duty.
(2) In this rule "the Christmas break" means the period beginning with the last week day before Christmas Day and ending with the first week day after Christmas Day which is not a bank holiday, "the Easter break" means the period beginning with the Thursday before and ending with the Tuesday after Easter Day, and "a bank holiday break" means any bank holiday not included in the Christmas break or the Easter break and the period beginning with the last week day before that bank holiday and ending with the next week day which is not a bank holiday.
Hours of poll
3. The poll shall commence at eight o'clock in the morning and be kept open till nine o'clock on the evening of the same day and no longer.
PART II
STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS
Notice of election
4.—(1) Notice of the election in the form in the Appendix, or a form to the like effect, shall be prepared, signed and published by the returning officer.
(2) The notice shall be published by causing a copy to be exhibited conspicuously in the electoral area; and—
(a) at an election of a councillor for a county, at the principal offices of the council for the county and the offices of the council for any district which includes the whole or part of the electoral division;
(b) at an election of a councillor for a district or London borough, at the principal offices of the council of the district or London borough;
(c) at an election of a councillor of the Greater London Council, at the principal offices of the council of the London borough which includes the electoral division, and if the electoral division includes the City of London, at the Guildhall of the said City.
(3) The notice of election shall state the date by which application to be treated as an absent voter and other applications and notices about postal or proxy voting must reach the registration officer in order that they may be effective for the election; and in...
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