Parish Council Election Rules, 1949
| Jurisdiction | UK Non-devolved |
| Citation | SI 1949/284 |
| Year | 1949 |
1949 No. 284
REPRESENTATION OF THE PEOPLE, ENGLAND
The Parish Council Election Rules, 194922ndFebruary 1949
23rdFebruary 1949
4thApril 1949
In pursuance of the powers conferred upon me by the Local Government Act, 1933(a), and section thirty-nine of the Representation of the People Act, 1948(b), I hereby make the following Rules for the conduct of an election of parish councillors and of the chairman of a parish council, and the following Regulations prescribing forms for use at an election of such councillors and the form of declaration of acceptance of office by the chairman of a parish council and by a parish councillor:—
1.—(1) For an election of parish councillors the clerk of the council of the rural district in which the parish is situate shall be the returning officer, and if at such election the office of clerk of the rural district council is vacant or the clerk is for any reason unable to act, the chairman of the rural district council shall forthwith appoint another person to be the returning officer for that election:
Provided that where the parish councillors and any rural district councillors are to be elected on the same date and for the same area, the returning officer for the election of the rural district councillors shall be the returning officer for the election of the parish councillors.
(2) The returning officer may by writing under his hand appoint a fit person to be his deputy for all or any of the purposes of an election, but where the parish councillors and any rural district councillors are to be elected on the same date and for the same area and a person is appointed deputy for any of the purposes of the election of the rural district councillors, that person shall be deemed to be appointed the returning officer's deputy for the corresponding purposes of the election of the parish councillors; and any functions which a returning officer is authorised or required to discharge in relation to the election may be discharged by a deputy so appointed.
(3) A deputy acting as returning officer under the provisions of this Rule shall, as respects the election for which he is so acting, follow the instructions of the returning officer.
2.—(1) Where an election of parish councillors and an election of rural district councillors are held on the same date and for the same area, the polls shall, so far as practicable, be taken together.
(2) Where polls are so taken together, one ballot box may, if the returning officer thinks fit, be used for the two elections; but, if separate ballot boxes are used, no vote for any parish councillor shall be rendered invalid by the ballot paper being placed in the box intended for the reception of ballot papers for rural district councillors.
(b) 11 & 12 Geo. 6. c. 65.
(3) Where polls are so taken together one half of any expenses which may be payable in respect of the two polls jointly, including the remuneration of any officers or clerks employed in the conduct thereof, shall be deemed to have been incurred in relation to the poll for the election of parish councillors, and shall be defrayed accordingly.
3. In the application of Part IV of the Municipal Corporations Act, 1882(a), and the Municipal Elections (Corrupt and Illegal Practices) Acts, 1884 and 1911(b), to an election of the chairman of a parish council and of parish councillors the following adaptations and alterations shall have effect:—
(a) the expressions in the second column of the First Schedule hereto shall respectively be substituted for the expressions opposite thereto in the first column of the said Schedule;
(b) subsection (2) of section eighty-nine of the Municipal Corporations Act, 1882, shall be adapted and altered so as to read as follows:—
"(2) The security shall be to the amount of fifty pounds unless in any case the High Court or a judge thereof, on summons, order that the same shall be to a less amount, or to a larger amount not exceeding three hundred pounds, and shall be given in the prescribed manner either by a deposit of money or by recognizance entered into by not more than four sureties, or partly in one way and partly in the other."
4. In the application of the Second Schedule to the Local Government Act, 1933(c), as amended by the Representation of the People Act, 1948, to an election of parish councillors, adaptations, alterations and exceptions shall be made therein so that the said Schedule shall read as set out in the Second Schedule hereto.
5.—(1) The declaration of acceptance of office by the chairman of a parish council or by a parish councillor shall be in the form in the Third Schedule hereto, or a form to the like effect.
(2) The declaration as to election expenses shall be in the form in the Third Schedule hereto, or a form to the like effect.
6. Any reference in these Rules to any enactment shall be taken as referring to that enactment as amended by any other enactment.
7.—(1) The Parish Councillors Election Rules, 1934(d), are hereby revoked.
(2) The Interpretation Act, 1889(e), shall apply to the Rules revoked by these Rules as though they were an Act of Parliament repealed by an Act of Parliament.
8.—(1) These Rules and Regulations may be cited as the Parish Council Election Rules, 1949, and shall come into operation on the fourth day of April, 1949.
(2) The Interpretation Act, 1889, shall apply to the interpretation of these Rules and Regulations as it applies to the interpretation of an Act of Parliament.
J. Chuter Ede, One of His Majesty's Principal Secretaries of State.
Home Office, Whitehall.
22nd February, 1949.
(a) 45 & 46 Vict. c. 50.
(b) 47 & 48 Vict. c. 70 and 1 & 2 Geo. 5. c. 7.
(d) S.R. & O. 1934 (No. 1318) II, p. 3.
(e) 52 & 53 Vict. c. 63.
FIRST SCHEDULE
ADAPTATIONS TO BE MADE IN THE APPLICATION OF PART IV OF THE MUNICIPAL CORPORATIONS ACT, 1882, AND THE MUNICIPAL ELECTIONS (CORRUPT AND ILLEGAL PRACTICES) ACTS, 1884 AND 1911.
Expression used in the above Adaptation
mentioned Acts
borough (except in section 93 (2) parish
of the Act of 1882)
borough (in section 93 (2) of rural district in which the parish is
the Act of 1882) situate or a borough or urban district
contiguous to that rural district
borough fund or borough rate general rate levied in the parish or any
additional item thereof
corporate office office of parish councillor, or chairman
of a parish council or meeting.
municipal borough parish.
municipal election election of parish councillors, or the
chairman of a parish council or
meeting.
municipal election court court constituted to try an election
petition in respect of an election of
parish councillors, or the chairman of
a parish council or meeting.
municipal election list list of election petitions.
municipal election petition election petition in respect of an
election of parish councillors, or the
chairman of a parish council or
meeting.
town clerk clerk of the council of the rural
district in which the parish is
situate.
ward parish ward.
SECOND SCHEDULE
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. Place for delivery of nomination papers.
9. Decisions as to validity of nomination papers.
10. Withdrawal of candidates.
11. Publication of nominations.
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 poll
19. Notice of poll.
20. Death of candidate.
21. Provision of polling stations.
22. Appointment of presiding officers and clerks.
23. List of proxies.
24. Equipment of polling stations.
25. Appointment of polling and counting agents.
26. Declaration of secrecy.
The poll
27. Admission to polling station.
28. Keeping of order in station.
29. Sealing of ballot boxes.
30. Questions to be put to voters.
31. Challenge of voter.
32. Voting procedure.
33. Votes marked by presiding officer.
34. Voting by blind persons.
35. Tendered ballot papers.
36. Spoilt ballot papers.
37. Adjournment of poll in case of riot.
38. Procedure on close of poll.
Counting of Votes
39. Attendance at counting of votes.
40. The count.
41. Re-count.
42. Rejected ballot papers.
43. Decisions on ballot papers.
44. Equality of votes.
PART IV
FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS
45. Declaration of result.
46. The return.
PART V
DISPOSAL OF DOCUMENTS
47. Verification of ballot paper account.
48. Delivery of documents to clerk of the council.
49. Orders for production of documents.
50. Retention and public inspection of documents.
51. Supplemental provisions as to documents.
PART VI
SUPPLEMENTAL
52. General duty of returning officer.
53. 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. 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-second day
before the day of election.
Delivery of nomination papers Not later than noon on the sixteenth day
before the day of election.
Despatch of notices of decisions Not later than noon on the thirteenth day
on nominations and publication before the day of election.
of statement as to persons
nominated
Delivery of notices of Not later than noon on the twelfth day
withdrawals of candidature before the day of election.
Notice of poll Not later...To continue reading
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