The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004

Contents

1Citation, commencement and extent#

(1)These Regulations may be cited as the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 and shall come into force on the day after the day on which they are made.

(2)These Regulations shall not extend to Scotland or Northern Ireland.

2Interpretation#

(1)For the purposes of these Regulations—• “1983 Act” means the Representation of the People Act 1983;• “1985 Act” means the Representation of the People Act 1985;• “2000 Act” means the Local Government Act 2000;• “2001 Regulations” means the Representation of the People (England and Wales) Regulations 2001;• ^note...• “2009 Act” means the Local Democracy, Economic Development and Construction Act 2009;• “2011 Act” means the Police Reform and Social Responsibility Act 2011;• “2023 Act” means the Levelling-up and Regeneration Act 2023;• ^note...• “combined authority mayoral election” means an election of a mayor for a combined authority under Part 6 of the 2009 Act;• “combined county authority mayoral election” means an election for a mayor for a combined county authority under Chapter 1 of Part 2 of the 2023 Act;• “GLRO” means the Greater London Returning Officer, being the person who is for the time being the proper officer of the Greater London Authority for the purposes of section 35(2C) of the 1983 Act;• “mayoral election” means an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007; and• “PCC election” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the 2011 Act;• “referendum” means a referendum conducted under the Local Authorities (Conduct of Referendums) (England) Regulations 2012.

(2)In the case of a referendum, a reference to a returning officer shall be construed as a reference to a counting officer, within the meaning of regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2012.

3Revocation#

The Representation of the People Regulations 1986 are hereby revoked.

4Returning officers and polling stations#

(1)Where the poll at a parliamentary general election is taken together with the poll at another election or referendum under a relevant enactment—

(a)those functions of the returning officer at the poll at the other election or referendum which are specified in regulation 5 shall be discharged by the returning officer at the parliamentary election for such part of the ^note... local government area, voting area , police area , combined authority area or combined county authority area (as the case may be) as is situated in the parliamentary constituency; and

(b)only polling stations used for the parliamentary election shall be used for the other election or referendum.

(2)Where the above paragraph does not apply and the poll at an ordinary Authority election is taken together with the poll at another election or referendum under a relevant enactment—

(a)those functions of the returning officer at the poll at the other election or referendum which are specified in regulation 5 shall be discharged by the returning officer at the Authority election for such part of the ^note... local government area, voting area , police area , combined authority area or combined county authority area (as the case may be) as is situated in the area for which he acts; and

(b)only polling stations used for the Authority election shall be used for the poll at the other election or referendum.

(3)Where neither of the above paragraphs applies and the poll at an ordinary county council election is taken together with the poll at another election or referendum under a relevant enactment—

(a)those functions of the returning officer at the poll at the other election or referendum which are specified in regulation 5 shall be discharged by the returning officer at the county council election for such part of the ^note... local government area, voting area , police area , combined authority area or combined county authority area (as the case may be) as is situated in the county or county borough; and

(b)only polling stations used for the county council election shall be used for the poll at the other election or referendum.

(4)Where none the above paragraphs applies and the poll at an ordinary principal area council election (other than a county council election) is taken together with the poll at another election or referendum under a relevant enactment—

(a)those functions of the returning officer at the poll at the other election or referendum which are specified in regulation 5 shall be discharged by the returning officer at the principal area council election for such part of the ^note... local government area, voting area , police area , combined authority area or combined county authority area (as the case may be) as is situated in the principal area; and

(b)only polling stations used for the principal area council election shall be used for the poll at the other election or referendum.

(5)Where none of the above paragraphs applies and the poll at a mayoral election is taken together with the poll at an election under a relevant enactment—

(a)those functions of the returning officer at the poll at the other election which are specified in regulation 5 shall be discharged by the returning officer at the mayoral election for such part of the ^note... local government area , police area , combined authority area or combined county authority area (as the case may be) as is situated in the local government area as respects which the mayoral election is held; and

(b)only polling stations used for the mayoral election shall be used for the poll at the other election.

(6)Where none of the above paragraphs applies and the poll at a referendum is taken together with the poll at an election under a relevant enactment—

(a)those functions of the returning officer at the poll at the election which are specified in regulation 5 shall be discharged by the returning officer at the referendum for such part of the ^note... local government area , police area , combined authority area or combined county authority area (as the case may be) as is situated in the voting area; and

(b)only polling stations used for the referendum shall be used for the poll at the election.

(7)Where none of the above paragraphs applies and the poll at an ordinary parish or community council election is taken together with the poll at another election under a relevant enactment—

(a)those functions of the returning officer at the other election which are specified in regulation 5 shall be discharged by the returning officer at the parish or community council election for such part of the ^note... police area , combined authority area or combined county authority area as is situated in the area of the parish or community council; and

(b)only polling stations used for the parish or community council election shall be used for the poll at the other election.

(7A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)Subject to paragraph (9), where the polls at an election and another election or referendum for related areas (within the meaning of section 15(3) of the 1985 Act) are taken together under section 15(2) of the 1985 Act (including by virtue of section 15(2) and (3) as applied by orders or regulations made under any of the listed provisions)—

(a)the returning officers for each election or referendum shall decide which returning officer shall discharge in the related area those functions of the other (or others) which are specified in regulation 5^note...; and

(b)the only polling stations which shall be used at each election or referendum are the polling stations used at the election or referendum for which the returning officer who discharges the functions referred to in sub-paragraph (a) above acts as returning officer.

(9)Where the polls at two or more elections or referendums are taken together other than under a relevant enactment, but one or more such polls are also taken together with the poll at another election or a referendum under a relevant enactment, paragraphs (1) to (7) above shall apply as if—

(a)each election (other than a mayoral election , a combined authority mayoral election or a combined county authority mayoral election) were an ordinary election; and

(b)the polls at each election or referendum were taken together under a relevant enactment.

(10)In this regulation—• combined authority area” means the area of the combined authority established by an order under section 103 of the 2009 Act;• “combined county authority area” means the area of the combined county authority established by regulations made under section 9 of the 2023 Act;• “county council election” mean an election of councillors of a county or county borough;• “principal area” means any of the following—(a) a county, district or London borough in England, or(b) a county or county borough in Wales;• “principal area council election” means an election of councillors or London Borough councillors (as the case may be) of a principal area; and• “relevant enactment” means any of the following—(a) section 15(1) of the 1985 Act; or(b) section 36(3), ^note... (3AC) , or section 36B(1) of the 1983 Act,and includes a reference to each section as applied in orders or regulations made under any of the listed provisions;

(11)In this regulation, except the first reference in paragraph (8)(a), any reference to a returning officer which applies to—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the returning officer at an Authority election, shall be construed as a reference to the constituency returning officerfor the Assembly constituency in which the functions specified in regulation 5 are to be discharged,

(c)the returning officer at a PCC election, shall be construed as including a reference to the police area returning officer,

(d)the returning officer at a combined authority mayoral election shall be construed as including a reference to the combined authority returning officer,

(e)the returning officer at a combined county authority mayoral election must be construed as including a reference to the combined county authority returning officer.

5Functions at combined polls#

(1)The functions referred to in regulation 4 are the functions conferred—

(a)at a parliamentary election by those rules in the parliamentary elections rules in Schedule 1 to the 1983 Act which are specified in paragraph (2);

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)at a local government election in England, by those rules in the rules made under section 36 of the 1983 Act which correspond to the rules specified in paragraph (2));

(ca)at a local government election in Wales, by those rules in the rules made under section 36A of the 1983 Act which correspond to the rules specified in paragraph (2);

(d)at a mayoral election, by those rules in regulations made under sections 9HE and 105, or 44 and 105 of the 2000 Act which correspond to the rules specified in paragraph (2);

(e)at a mayoral referendum, by those rules in regulations made under sections 9MG and 105 of the 2000 Act which correspond to the rules specified in paragraph (2);

(f)at a PCC election, by those rules in an Order made under sections 58 and 154 of the 2011 Act which correspond to the rules specified in paragraph (2);

(g)at a combined authority mayoral election, by those rules in an order made under section 117 of, and paragraph 12 of Schedule 5B to, the 2009 Act which correspond to the rules specified in paragraph (2);

(h)at a combined county authority mayoral election, by those rules in regulations made under section 252 of, and paragraph 12 of Schedule 2 to, the 2023 Act which correspond to the rules specified in paragraph (2);

and, where the proceedings on the issue and receipt of postal ballot papers at more than one election or referendum are taken together under regulation 65 of the 2001 Regulations, the functions conferred by Part 5 of those Regulations.

(2)The rules referred to in paragraph (1) are—

(a)rule 23(2) (notice of situation of polling stations etc);

(b)where the proceedings on the issue and receipt of postal ballot papers at more than one election or referendum are taken together under regulation 65 of the 2001 Regulations, rule 24 (postal ballot papers);

(c)rule 25 (provision of polling stations);

(d)rule 26(1) and (2) (appointment of presiding officers and clerks) to the extent that that rule concerns the appointment of presiding officers and clerks to assist them;

(e)rule 29 (equipment of polling stations);

(f)rule 31(a) (notification of requirement of secrecy at polling stations);

(fa)where the proceedings on the issue and receipt of postal ballot papers at more than one election or referendum are taken together under regulation 65 of the 2001 Regulations, rule 31A (return of postal ballot papers);

(g)rule 32(3) (signature of certificate as to employment);

(h)rule 33(2)(b) (authorisation to order removal of persons from polling station);

(i)in rule 45 (the count), paragraph (1), as substituted by paragraph 22 of Schedule 2, and paragraph (5); and

(j)where the proceedings on the issue and receipt of postal ballot papers at more than one election or referendum are taken together under regulation 65 of the 2001 Regulations, rule 45(1B)(d) (the count).

(za)unless sub-paragraph (zb) applies, rule 19A (corresponding number list), to the extent that it relates to ballot papers to be provided in pursuance of rule 29(1);

(zb)where the proceedings on the issue and receipt of postal ballot papers at more than one election or referendum are taken together under regulation 65 of the 2001 Regulations, rule 19A (corresponding number list);

(3)In this regulation, references to regulation 65 and Part 5 of the 2001 Regulations include references to—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)that regulation and that Part as applied by regulations made under sections 9HE and 105, 9MG and 105 or 44 and 105 of the 2000 Act ; ^note...

(c)the provisions in an Order made under sections 58 and 154 of the 2011 Act which correspond to that regulation and that Part; ^note...

(d)that regulation and that part as applied by an order made under section 117 of, and paragraph 12 of Schedule 5B to, the 2009 Act; and

(e)that regulation and that part as applied by regulations made under section 252 of, and paragraph 12 of Schedule 2 to, the 2023 Act.

6Modification of provisions about expenses in the 1983 Act#

(1)Where those functions of a returning officer at an election or referendum which are specified in regulation 5 are discharged by the returning officer at another election or referendum under regulation 4, references to the returning officer or his charges or expenditure in—

(a)subsections (3), (4), (4A), (4B), (5), (7) and (8) of section 29 (payments by and to returning officer) of the 1983 Act;

(b)section 30 (taxation of returning officer’s account) of the 1983 Act; and

(c)subsections (4) to (6A) of section 36 of the 1983 Act (local elections in England ^note...) and subsections (1) to (3) of section 36C of the 1983 Act (local elections in Wales),

shall, to the extent that such functions are so discharged, be construed as references to the returning officer who discharges those functions and his charges or expenditure in respect of those functions.

(2)The reference in section 36(6) and section 36C(3) of the 1983 Act to the returning officer or a person acting as returning officer requesting an advance in respect of his expenses shall, to the extent that those expenses relate to the functions specified in regulation 5, include a reference to the returning officer who under regulation 4 discharges those functions at the local government election, mayoral election or referendum.

(3)In relation to elections and referendums the polls at which are taken together under section 15(1) or (2) of the 1985 Act the Secretary of State may under section 29(3) of the 1983 Act include special provision for services rendered and expenses incurred in respect of the functions specified in regulation 5 and in respect of the remuneration of presiding officers and clerks by the returning officer who discharges those functions by virtue of regulation 4.

(4)In relation to elections and referendums the polls at which are taken together under section 15(1) or (2) of the 1985 Act or section 36(3)^note... or (3AC) or section 36B(1) of the 1983 Act—

(a)the council for a county, county borough, district or London borough;

(b)the Greater London Authority;

(c)the council for the district in which a parish is situated;

(d)the council for the county or county borough in which a community is situated,

may, in fixing a scale under section 36(4), (4B) or (5) or section 36C(1) or (2) of the 1983 Act include special provision for expenses incurred in respect of the functions specified in regulation 5 and in respect of the remuneration of presiding officers and clerks by the returning officer who discharges those functions by virtue of regulation 4.

(5)In this regulation, references to any provision of an enactment include references to—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ab)any provision in Chapter 6 of Part 1 of the 2011 Act which corresponds to that provision; and

(b)that provision as applied by orders or regulations made under any of the listed provisions.

7Modifications for 2004#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8Modification of parliamentary elections rules#

(1)Where the poll at a parliamentary election is to be taken with—

(a)the poll at an election under subsection (1) or (2) of section 15 of the 1985 Act; ^note...

(b)the poll at a mayoral election or a referendum in accordance with regulations made under section 9HE and 105, 9MG and 105 or 44 and 105 of the 2000 Act ; or

(c)the poll at a mayoral election, referendum , PCC election , combined authority mayoral election or combined county authority mayoral election in accordance with orders or regulations made under any of the listed provisions,

or two or more such polls, the parliamentary elections rules in Schedule 1 to the 1983 Act shall have effect subject to the provisions of Schedule 2.

9Amendments to 2001 Regulations#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 1 · Substituted part 1 of schedule 3 to the european parliamentary elections regulations 2004

Schedule 2 · Modifications to parliamentary elections rules

(1)In the circumstances set out in regulation 8 of these Regulations, the parliamentary election rules in Schedule 1 to the 1983 Act shall have effect subject to the following modifications.

(2)In this Schedule, and in any provision modified by this Schedule—• “Combination of Polls Regulations” means the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004;• “combined authority mayoral election” means an election of a mayor for a combined authority under Part 6 of the 2009 Act;• “combined county authority mayoral election” means an election for a mayor for a combined county authority under Chapter 1 of Part 2 of the 2023 Act;• “GLRO” means the Greater London Returning Officer, being the person who is for the time being the proper officer of the Greater London Authority for the purposes of section 35(2C) of the Representation of the People Act 1983;• “mayoral election” means an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007);• “police and crime commissioner election” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the 2011 Act;• “referendum” means a referendum conducted under the Local Authorities (Conduct of Referendums) (England) Regulations 2012; and• “relevant election or referendum” means one or more of the following—(a) ^note...(b) a local government election,(c) a mayoral election,(ca) a combined authority mayoral election,(cb) a combined county authority mayoral election,(d) a referendum,(e) a police and crime commissioner election,the poll at which is taken together with the poll at the parliamentary election.

(3)In this Schedule, and in any provision modified by this Schedule, in the case of a referendum a reference to—

(a)an election agent or counting agent shall be construed as a reference to a counting observer, within the meaning of regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2012;

(b)a polling agent shall be construed as a reference to a polling observer, within the meaning of that regulation; and

(c)a returning officer shall be construed as a reference to a counting officer, within the meaning of that regulation.

(4)At the end of paragraph (2) of rule 19 (the ballot papers) insert—“d shall be of a different colour from that of any ballot papers used at any relevant election or referendum.”

(5)At the end of rule 23 (notice of poll) the following paragraph shall be inserted—“3 The notice published under paragraph (2) above shall—a state that the poll at the parliamentary election is to be taken together with the poll at a relevant election or referendum;b specify the relevant local counting area, local authority or, as the case may be, voting area and, in the case of a local government election to fill a casual vacancy, the electoral area for which the election is held; andc where the polls are to be taken together in part of the constituency only, specify that part.”

(6)At the end of rule 28 (issue of official poll cards) the following paragraph shall be inserted—“5 Subject to paragraph (6), if the returning officer for each relevant election or referendum agrees, an official poll card issued under this rule may be combined with an official poll card issued at each relevant election or referendum, with necessary adaptations.6 Paragraph (5) does not apply in respect of the official poll card for a local government election in Wales.”

(7)After paragraph (1) of rule 29 (equipment of polling stations) there shall be inserted the following paragraphs—“1A The same ballot box may be used for the poll at the parliamentary election and the poll at each relevant election or referendum.1B Where the same ballot box is not used under paragraph (1A), each ballot box shall be clearly marked with—a the election or referendum to which it relates, as shown on the ballot papers for that election or referendum; andb the words “Please insert the [specify colour of ballot papers in question] coloured ballot papers in here.””

(8)After paragraph (3A) of rule 29 (equipment of polling stations) insert the following paragraph—“3B The large version of the ballot paper referred to in paragraph (3A)(a) above shall be printed on paper of the same colour as that of the ballot papers for use at the parliamentary election.”

(9)For paragraph (5) of rule 29 (equipment of polling stations) substitute—“5 In every compartment of every polling station there must be exhibited the notice:“PARLIAMENTARY ELECTION([Specify colour] ballot paper)Vote for ONLY ONE CANDIDATE by putting a cross [X] in the box next to your choice.^note...^note...^note...*[Specify name of council] COUNCIL ELECTION([Specify colour] ballot paper)*[Vote for NO MORE THAN … CANDIDATES by putting a cross [X] in the box next to EACH of your choices.]*[Vote ONLY ONCE by putting a cross [X] in the box next to your choice.]*ELECTION OF THE MAYOR OF LONDON([Specify colour] ballot paper)#Vote for ONLY ONE candidate by putting a cross [X] in the box next to your choice.*ELECTION OF THE LONDON ASSEMBLY#On the constituency members ballot paper ([specify colour]) vote for ONE candidate only.#On the London members ballot paper ([specify colour]) vote for ONE party or individual candidate only.*[Specify other] ELECTION/REFERENDUM([Specify colour] ballot paper)[Specify voting instructions in accordance with the legislation governing the election or referendum]PUT NO OTHER MARK ON THE BALLOT PAPER OR YOUR VOTE MAY NOT COUNT.*[PLEASE DO NOT FOLD THE BALLOT PAPERS FOR [specify the election(s) and/or referendum(s) at which the votes are to be counted electronically]. Post them, face downwards, in the [*appropriate] ballot box.]*Complete or omit as necessary.#Alternatively, insert such information as the GLRO may decide.””

(10)At the end of paragraph (3) of rule 30 (appointment of polling and counting agents) there shall be inserted the following—“• Notices of the appointment of polling agents and counting agents which are required by this paragraph and paragraphs (4) and (5) below to be given to the returning officer shall be given to the returning officer who discharges the functions specified in Regulation 5 of the Combination of Polls Regulations.”

(11)At the end of paragraph (1)(h) of rule 32 (admission to polling stations) insert—“i persons entitled to be admitted to the polling station at a relevant election or referendum.”

(12)

(1)Rule 35 (questions to be put to voters) is amended as follows.

(2)In the questions specified in the second column of the table set out in rule 35—

(a)for the words “at this election”, wherever they appear, substitute “at this Parliamentary election”;

(aa)in questions 2(e) and 3(e), for “in this election” substitute “in this Parliamentary election”;

(ab)in questions 2(f) and 3(f), after “today” insert “at this Parliamentary election”;

(b)in question 3(b) after the words “here or elsewhere” insert “at this Parliamentary election”.

(13)After paragraph (3) of rule 37 (voting procedure) insert the following—“3A The same copy of the register of electors or where paragraph (3) applies, the same copy of the notice issued under section 13B(3B) or (3D) of this Act may be used under paragraph (1) for each relevant election or referendum and—a one mark may be placed in that register or on that notice under paragraph (1)(c) or in the list of proxies under paragraph (1)(e) to denote that a ballot paper has been issued in respect of each election or referendum; andb where a ballot paper has not been issued in respect of a relevant election or referendum, a different mark shall be placed in the register, on the notice or in the list, so as to identify each election or referendum in respect of which the ballot paper was issued.”

(14)At the end of paragraph (2) of rule 38 (votes marked by presiding officer) there shall be inserted—“• The same list may be used for each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election or referendum, unless the list identifies the election or referendum at which the ballot paper was so marked.”

(15)At the end of paragraph (4) of rule 39 (voting by person with disabilities) there shall be inserted—“• The same list may be used for each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean the votes were so given in respect of each election or referendum, unless the list identifies the election or referendum at which the vote was so given.”

(16)At the end of paragraph (3) of rule 40 (tendered ballot papers) there shall be inserted—“• The same list may be used for each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each election or referendum, unless the list identifies the election or referendum at which a tendered ballot paper was marked.”

(16A)At the end of rule 41A (correction of errors on day of the poll) insert the following—“The same list may be used for each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that ballot papers were issued in respect of each election or referendum, unless the list identifies the election or referendum for which a ballot paper was issued.”

(17)At the end of paragraph (1) of rule 42 (adjournment of poll in case of riot) there shall be inserted “who discharges the functions specified in regulation 5 of the Combination of Polls Regulations”.

(18)In paragraph (1) of rule 43 (procedure on close of poll), after the words “polling agents”, in the first place where they occur, insert “appointed for the purposes of the parliamentary election and for each relevant election or referendum”.

(19)After paragraph (1) of rule 43 (procedure on close of poll) there shall be inserted the following paragraphs—“1A The contents of the packets referred to in sub-paragraphs (b), (c) , (db) and (e) of paragraph (1) above shall not be combined with the contents of packets made under the corresponding rule that applies at each relevant election or referendum; nor shall the statement prepared under paragraph (3) below be so combined.1B References to the returning officer in paragraph (1) above are references to the returning officer who discharges the functions specified in Regulation 5 of the Combination of Polls Regulations.”

(20)For paragraph (1) of rule 44 (attendance at counting of votes) there shall be substituted the following paragraphs—“1 Where the returning officer at the parliamentary election discharges the functions specified in Regulation 5 of the Combination of Polls Regulations, he shall—a make arrangements for—i discharging the functions under rule 45(1) below (as substituted by Regulation 8 of those Regulations) in the presence of the counting agents appointed for the purposes of the parliamentary election and for each relevant election or referendum, as soon as practicable after the close of the poll; andii thereafter counting the votes at the parliamentary election in the presence of the counting agents appointed for the purposes of that election; andb he shall give to those counting agents notice in writing of the time and place at which he will begin to discharge the functions under rule 45(1) below (as so substituted).1A Where the returning officer at the parliamentary election does not discharge the functions specified in Regulation 5 of the Combination of Polls Regulations, he shall—a make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the delivery of the ballot papers to him by the returning officer who does discharge those functions, andb give to the counting agents notice in writing of the time after which he will begin to count the votes if by then he has received the ballot papers and of the place at which that count will take place.1B No person other than a person entitled to be present at the counting of the votes at each relevant election or referendum may be present at the proceedings under rule 45(1) (as so substituted).”

(21)In paragraph (3) of rule 44 (attendance at counting of votes) before the words “counting of votes”, in the first place where they occur, there shall be inserted the words “proceedings under rule 45(1) below (as so substituted) or the” and before the words “the efficient” there shall be inserted the words “the efficient separating of the ballot papers or, as the case may be”.

(22)For paragraphs (1) to (1A) of rule 45 (the count) there shall be substituted the following paragraphs—“1 Where the returning officer at the parliamentary election discharges the functions specified in Regulation 5 of the Combination of Polls Regulations, he shall—a in the presence of the counting agents appointed for the purposes of the parliamentary election and each relevant election or referendum, open each ballot box and record separately the number of ballot papers used in each election or referendum;b in the presence of the election agents appointed for the purposes of the parliamentary election and each relevant election or referendum verify each ballot paper account;c count such of the postal ballot papers as have been duly returned and record separately the number counted at each relevant election or referendum;d separate the ballot papers relating to the parliamentary election from the ballot papers relating to each relevant election or referendum;e make up into packets the ballot papers for each relevant election or referendum and seal them up in separate containers endorsing on each a description of the area to which the ballot papers relate; andf deliver or cause to be delivered to the returning officer at the relevant election or referendum to which the ballot papers relate—i those containers, together with a list of them and of the contents of each;ii the ballot paper accounts together with a copy of the statement as to the result of their verification in respect of that election or referendum; andg at the same time deliver or cause to be delivered to that officer packets that so relate containing—i the unused and spoilt ballot papers,ii the tendered ballot papers, andiii the completed corresponding number lists of the used ballot papers and the certificates as to employment on duty on the day of the poll.1AA Where separate ballot boxes have been used, no vote for any candidate shall be rendered invalid by the ballot paper being placed in the ballot box used at any relevant election or referendum.1AB The returning officer shall count the votes given on the ballot papers used at the parliamentary election, but shall not count—a the votes given on postal ballot papers until the proceedings under paragraph (1)(c) and (d) above have been completed in relation to those papers and they have been mixed with the ballot papers from at least one ballot box; orb the votes given on ballot papers from a ballot box until the proceedings under paragraph (1)(a), (b) and (d) have been completed in relation to those papers and they have been mixed with the ballot papers from at least one other box.1AC Where the returning officer at the parliamentary election does not discharge the functions specified in Regulation 5 of the Combination of Polls Regulations, he shall—a on receipt of containers from the returning officer who does discharge those functions, and after the time specified in the notice given under rule 44(1A) above (as substituted by Regulation 8 of those Regulations) in the presence of the counting agents open each container;b where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at a relevant election or referendum under regulation 65 of the 2001 Regulations (including that regulation as applied by regulations made under sections 9HE and 105, 9MG and 105 or 44 and 105 of the Local Government Act 2000, count such of the postal ballot papers as have been duly returned and record the number counted; andc count the votes given on the ballot papers, but shall not count—i the votes given on postal ballot papers until they have been mixed with the ballot papers from at least one ballot box; orii the votes given on ballot papers from a ballot box until they have been mixed with the ballot papers from at least one other ballot box.Paragraph (5) below does not apply to these proceedings.”

(23)In paragraph (1B) of rule 45 (the count) the reference to the constituency shall be construed as a reference to—

(a)the area in the parliamentary constituency common to the local counting area, electoral area or voting area (as the case may be) in which the polls at the parliamentary election and a relevant election or referendum are being taken together; and

(b)in respect of which polls the voter has been issued with a postal ballot paper.

(24)In paragraph (6) of rule 45 (the count) omit the words “, in so far as he and the agents agree,” and the words from “For the purposes” to the end.

(24A)In rule 50 (declaration of result), after paragraph (2) insert—“3 But the returning officer shall not declare a candidate to be elected under paragraph (1) or (2)—a in a case where the returning officer discharges the functions specified in Regulation 5 of the Combination of Polls Regulations, until after the returning officer has completed proceedings under rule 45(1) (as substituted by Regulation 8 of those Regulations);b in a case where the returning officer does not discharge the functions specified in Regulation 5 of the Combination of Polls Regulations, until after proceedings corresponding to those mentioned in sub-paragraph (a) have been completed by the returning officer who does discharge those functions (“the other returning officer”).4 The corresponding proceedings referred to in paragraph (3)(b) are proceedings under provision corresponding to rule 45(1) (as substituted by Regulation 8 of the Combination of Polls Regulations) made by or under any enactment in relation to the election or referendum at which the other returning officer has functions.”

(25)For paragraph (2) of rule 54 (sealing up of ballot papers) substitute—“2 The returning officer shall not open the sealed packets of—a tendered ballot papers, ^note...aa the completed ballot paper refusal list, orb certificates as to employment on duty on the day of the poll.3 Where he is the returning officer who discharges the functions referred to in regulation 5 of the Combination of Polls Regulations, the returning officer shall not open the sealed packets of—a the completed corresponding number lists, orb marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of this Act) and lists of proxies.”

(26)At the end of paragraph (1) of rule 55 (delivery of documents to the registration officer) there shall be inserted—“• At an election where the returning officer does not discharge the functions referred to in Regulation 5 of the Combination of Polls Regulations, this paragraph shall have effect as if sub-paragraphs (c) , (ca) and (e) were omitted.”

(27)In rule 60 (death of independent candidate) after paragraph (5) insert—“6 Neither the countermand of the notice of poll at the parliamentary election nor the direction that that poll be abandoned shall affect the poll at each relevant election or referendum.”

(27A)

(1)Rule 63 (death of party candidate) is modified as follows.

(2)After paragraph (2) insert—“2A Neither the countermand of the notice of poll at the parliamentary election nor the direction that that poll be abandoned shall affect the poll at each relevant election or referendum.”

(3)In paragraph (3) after “with reference to the” insert “parliamentary”.

(27B)

(1)Rule 64 (death of Speaker of the House of Commons seeking re-election) is modified as follows.

(3)In paragraph (3) after “with reference to the” insert “parliamentary”.

(27C)For rule 65 (abandoned poll) substitute the following—“65 1 This rule applies to—a a poll at a parliamentary election which is abandoned in pursuance of rule 60(4)(b) as if it were a poll at a contested election;b a poll at a parliamentary election which is abandoned in pursuance of rule 63(2)(b) or 64(2)(b).2 No further ballot papers at the parliamentary election shall be issued in any polling station.3 At the close of poll for each relevant election or referendum the presiding officer at a polling station must take the like steps (so far as not already taken) for the delivery to the returning officer of ballot boxes and ballot papers and other documents as he would be required to do if the poll at the parliamentary election had not been abandoned.4 The returning officer must dispose of ballot papers used at the parliamentary election and other documents in his possession as he is required to do on the completion of the counting of votes.5 It is not necessary for a parliamentary ballot paper account to be prepared or verified.6 Having separated the ballot papers relating to each relevant election or referendum, the returning officer must take no step or further step for the counting of the ballot papers used at the parliamentary election or of the votes cast at the parliamentary election.7 The returning officer must seal up all the ballot papers used at the parliamentary election (whether the votes on them have been counted or not) and it is not necessary to seal up counted and rejected ballot papers in separate packets.8 The provisions of these rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at a parliamentary election apply subject to paragraphs (9) and (10).9 Ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers.10 No order is to be made for—a the production or inspection of any ballot papers, orb the opening of a sealed packet of the completed corresponding number list or of certificates as to employment on the day of the poll,unless the order is made by a court with reference to a prosecution.”

(28)In the Appendix of forms, for the form of directions for the guidance of voters in voting substitute the form of those directions as set out in the Appendix of Forms to this Schedule.

(29)

(1)Subject to sub-paragraph (2), in the Appendix of forms, for the form of declaration to be made by the companion of a voter with disabilities substitute the form of that declaration in the Appendix of Forms to this Schedule.

(2)Sub-paragraph (1) does not apply where the poll at a parliamentary election is taken with—

(a)the poll at a local government election in Wales;

(b)the poll at a mayoral election in accordance with regulations made under section 44 and 105 of the 2000 Act.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 12

Show every defined term

Combination of Polls Regulations
means the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004;
combined authority mayoral election
means an election of a mayor for a combined authority under Part 6 of the 2009 Act;
combined county authority area
means the area of the combined county authority established by regulations made under section 9 of the 2023 Act;
combined county authority mayoral election
means an election for a mayor for a combined county authority under Chapter 1 of Part 2 of the 2023 Act;
GLRO
means the Greater London Returning Officer, being the person who is for the time being the proper officer of the Greater London Authority for the purposes of section 35(2C) of the 1983 Act;
mayoral election
means an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007;
police and crime commissioner election
means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the 2011 Act;
principal area
means any of the following— (a) a county, district or London borough in England, or (b) a county or county borough in Wales;
principal area council election
means an election of councillors or London Borough councillors (as the case may be) of a principal area;
referendum
means a referendum conducted under the Local Authorities (Conduct of Referendums) (England) Regulations 2012.
relevant election or referendum
means one or more of the following— (a)...
relevant enactment
means any of the following— (a) section 15(1) of the 1985 Act;

The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004

1Citation, commencement and extent#

2Interpretation#

3Revocation#

4Returning officers and polling stations#

5Functions at combined polls#

6Modification of provisions about expenses in the 1983 Act#

7Modifications for 2004#

8Modification of parliamentary elections rules#

9Amendments to 2001 Regulations#

Schedule 1 · Substituted part 1 of schedule 3 to the european parliamentary elections regulations 2004

Schedule 2 · Modifications to parliamentary elections rules

Appendix of forms

Form of directions for the guidance of the voters in voting

Form of declaration to be made by the companion of a voter with disabilities

Schedule 3 · Amendments to the 2001 regulations

Defined terms · 12

Key facts

History · 10 versions

Connections

1Citation, commencement and extent#

2Interpretation#

3Revocation#

4Returning officers and polling stations#

5Functions at combined polls#

6Modification of provisions about expenses in the 1983 Act#

7Modifications for 2004#

8Modification of parliamentary elections rules#

9Amendments to 2001 Regulations#

Schedule 1 · Substituted part 1 of schedule 3 to the european parliamentary elections regulations 2004

Schedule 2 · Modifications to parliamentary elections rules

Appendix of forms

Form of directions for the guidance of the voters in voting

Form of declaration to be made by the companion of a voter with disabilities

Schedule 3 · Amendments to the 2001 regulations