Parish Council Election Rules 1973
| Jurisdiction | UK Non-devolved |
| Citation | SI 1973/166 |
| Year | 1973 |
1973 No. 166
REPRESENTATION OF THE PEOPLE
The Parish Council Election Rules 19732ndFebruary 1973
13thFebruary 1973
7thMarch 1973
In exercise of the powers conferred upon me by sections 42 and 83 of the Local Government Act 1972(a) and sections 78 and 165(1) of the Representation of the People Act 1949(b) and, as respects the matter dealt with in Rule 2, by section 29 of, and rules 4, 5 and 10 of the local elections rules in Schedule 2 to, the Representation of the People Act 1949, paragraph 31(1) of Schedule 8 to the Local Government Act 1958(c) and section 61 of the Local Government Act 1933(d), I hereby make the following Rules.
1.—(1) These Rules may be cited as the Parish Council Election Rules 1973 and shall come into operation on 7th March 1973.
(2) These Rules shall not apply to the area consisting of the counties established by section 20 of the Local Government Act 1972 (new local government areas in Wales).
2.—(1) The Parish Council Election Rules 1970(e) and the Parish Council Election Rules 1971(f) are hereby revoked.
(2) Section 38 of the Interpretation Act 1889(g) shall apply as if the Rules revoked by these Rules were Acts of Parliament.
3.—(1) Any reference in these Rules to a parish shall be construed as a reference to—
(a) a parish established by paragraph 1 of Part IV of Schedule 1 to the Local Government Act 1972 or by provision corresponding to that Part made by an order under section 254 of that Act; or
(b) subject to the said Part IV or any provision corresponding to that Part made by an order under the said section 254, a rural parish other than a parish co-extensive with a rural district.
(2) The Interpretation Act 1889 shall apply to the Interpretation of these Rules as it applies to the interpretation of an Act of Parliament.
4. In the application of the parliamentary elections rules in Schedule 2 to the Representation of the People Act 1949 to the ordinary elections of parish 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 1 hereto.
(a) 1972 c. 70.
(b) 1949 c. 68.
(c) 1958 c. 55.
(d) 1933 c. 51.
(e) S.I. 1970/201 (1970 I, p. 874).
(f) S.I. 1971/548 (1971 I, p. 1543).
(g) 1889 c. 63.
5. In the application of those provisions of the Representation of the People Act 1949 referred to in section 165(1) of that Act to an election of the chairman of a parish council and of parish councillors the following adaptation and modification shall have effect:—
For any reference to the clerk of the authority for which the election is held there shall be substituted a reference to the returning officer for that election.
In section 119(2)(b) of the said Act for the words "such amount not exceeding five hundred pounds" there shall be substituted the words "an amount of fifty pounds or such smaller amount or such larger amount not exceeding three hundred pounds".
6.—(1) The declaration of acceptance of office by the chairman of a parish council or by a parish councillor shall be in the form of Schedule 2 hereto, or a form to the like effect.
(2) The declaration as to election expenses shall be in the form in Schedule 2 hereto, or a form to the like effect.
Robert Carr, One of Her Majesty's Principal Secretaries of State.
Home Office, Whitehall.
2nd February 1973.
SCHEDULE 1
ELECTION RULES
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 ward.
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. Provision of polling stations.
21. Appointment of presiding officers and clerks.
22. List of proxies.
23. Equipment of polling stations.
24. Appointment of polling and counting agents.
25. Declaration 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.
45. The return.
PART V
DISPOSAL OF DOCUMENTS
46. Sealing of ballot papers.
47. Delivery of documents to clerk of the council.
48. Orders for production of documents.
49. Retention and public inspection of documents.
50. Supplemental provisions as to documents.
PART VI
SUPPLEMENTAL
51. Countermand or abandonment of poll on death of candidate.
52. General duty of returning officer.
53. Notices.
54. Interpretation.
APPENDIX
FORMS
Notice of election.
Nomination paper.
Statement as to persons nominated.
Ballot paper.
Directions for the guidance of the 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.—(1) The proceedings at an election where parish councillors and metropolitan district councillors are elected on the same day and for the same area 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 the sixteenth day before
the day of election
Publication of statement as to persons Not later than the fifteenth day before
nominated the day of election
Delivery of notices of withdrawals of Not later than the fourteenth day before
candidature 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 the day of
counting agents election.
Polling On the day of election.
(2) The proceedings at an ordinary election of parish councillors to which paragraph (1) above does not apply 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 paper 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 seventeenth day
nominated. before the day of election.
Delivery of notices of withdrawals of Not later than noon on the sixteenth day
candidature. 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 the day of
counting agents election.
Polling On the day of election.
Computation of time
2.—(1) In computing any period of time for the purposes of 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.
(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 in 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—
(a) by causing it to be exhibited in some conspicuous place on or near the principal door of each church or chapel in the electoral area; and
(b) by causing it to be exhibited in some other conspicuous place or places in the electoral area; and
(c) in such other manner, if any, as the returning officer thinks desirable for giving publicity to the notice.
Nomination of candidates
5.—(1) Each candidate shall be nominated by a separate nomination paper in the form in the Appendix, or a form to the like effect, delivered at the place fixed for the purpose by the returning officer.
(2) The nomination paper shall state the full names, home address and (if desired) description of the candidate and the surname shall be placed first in the list of his names.
(3) The description (if any) shall not exceed six words in length, and need not refer to his rank, profession or calling so long as, with the other particulars of the candidate, it is sufficient to identify him.
Subscription of nomination paper
6.—(1) The nomination paper shall be subscribed by two electors for the electoral area as proposer and...
To continue reading
Request your trial