Local Elections (Principal Areas) Rules 1986

JurisdictionUK Non-devolved
CitationSI 1986/2214

1986 No. 2214

REPRESENTATION OF THE PEOPLE

The Local Elections (Principal Areas) Rules 1986

16thDecember 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 (Principal Areas) 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 23 (special lists) in Schedule 2 to the Local Elections (Principal Areas) 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.

Interpretation

4. In these Rules:—

(a) 1983 c. 2; the power in section 36 is referred to in section 83(1) of the Local Government Act 1972 (c. 70) (read with section 17(2)(a) of the Interpretation Act 1978 (c. 30)), which provision is extended by section 83(3A), as inserted by paragraph 5 of Schedule 14 to the Local Government Act 1985 (c. 51), and repealed in part by Schedule 17 to the Act of 1985.

(b) S.I. 1973/79.

"principal area" means a county, district, London borough or the Inner London Education Authority; and

"council" includes the Inner London Education Authority and

"councillors" include members of that Authority.

Elections rules

5. In the application of the parliamentary elections rules(a) to the election of councillors of the council of a principal area where the poll at that election is not taken together with the poll at another election under section 36(3) or (3AA) of the Representation of the People Act 1983(b) or section 15(1) or (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) or (3AA) of the Act of 1983

6. In the application of the parliamentary elections rules to the election of councillors of the council of a principal area where the poll at that election is taken together with the poll at another election under section 36(3) or (3AA) 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(1) or (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 principal area where the poll at that election is taken together with the poll at another election under section 15(1) or (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.

Form of declarations

8. The declaration of acceptance of office by the chairman, vice-chairman or councillor of the council of a principal area shall be in the form of Schedule 5 to these Rules or a form to the like effect.

(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) and section 36(3AA) was inserted by paragraph 1(4)(a) of Schedule 9 to the Local Government Act 1985 (c. 51).

(c) 1985 c. 50.

Douglas Hurd, One of Her Majesty's Principal Secretaries of State.

Home Office.

16th December 1986.

Rule 3.

SCHEDULE 1

REVOCATIONS

 Column 1 Column 2
                 Rules revoked References
                The Local Elections
                (Principal Areas) Rules 1973 S.I. 1973/79
                The Local Elections
                (Principal Areas) (Amendment)
                Rules 1976 S.I. 1976/2065
                The Local Elections
                (Principal Areas) (Amendment)
                Rules 1983 S.I. 1983/1154
                The Local Elections
                (Principal Areas) (Amendment)
                Rules 1985 S.I. 1985/1848
                

Rule 5.

SCHEDULE 2

RULES FOR CONDUCT OF AN ELECTION OF COUNCILLORS OF A PRINCIPAL AREA 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 electoral area.

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 THE 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 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 on statement as to Not later than noon on the seventeenth
                persons nominated day before the day of election
                Delivery of notices of withdrawals Not later than noon on the sixteenth
                canditure day before the day of election
                Notice of poll Not later than the sixth day before
                 the day of election.
                Polling Between the hours of 8 in the morning
                 and 9 at night on the day of
                 election.
                

Computation of time

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

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day, Maundy Thursday, 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(a) in England and Wales.

PART II

STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

NOTICE OF ELECTION

Notice of election

3.— (1) The returning officer shall 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 shall state that forms of nomination papers may be obtained at that place and those times.

(2) The notice of election shall 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,

(a) 1971 c. 80.

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

NOMINATION

Nomination of candidates

4.— (1) Each candidate shall be nominated by a separate nomination paper, in the form in the Appendix, delivered at the place fixed for the purpose by the returning officer, which shall be at the offices of the council of the district or London borough in which the electoral area wholly or mainly lies.

(2) The nomination paper shall state the candidate's—

(a) full names,

(b) home address in full, and

(c) if desired, description,

and the surname shall be placed first in the list of...

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