Part 1Police reform

CHAPTER 6Police and crime commissioners: elections and vacancies

Conduct of elections

54Returning officers etc

(1)The returning officer for an election of a police and crime commissioner for a police area (“the police area returning officer”) is to be a person who—

(a)is an acting returning officer by virtue of section 28(1) of the Representation of the People Act 1983 (acting returning officer for parliamentary election) for a constituency falling wholly or partly within the police area, and

(b)is designated for the purposes of this subsection by order of the Secretary of State.

(2)The Secretary of State may by regulations confer functions—

(a)on police area returning officers, and

(b)on local returning officers.

(3)Regulations under subsection (2) may apply or incorporate, with or without modifications or exceptions, any relevant provision.

(4)Each relevant local authority must place the services of its officers at the disposal of any person on whom functions are conferred under subsection (2) in relation to the police area for the purpose of assisting that person in the discharge of those functions.

(5)In this section—

  • “local authority” means—

    (a)

    a district council,

    (b)

    a county council in England for a county in which there are no district councils,

    (c)

    the Council of the Isles of Scilly,

    (d)

    a county council or county borough council in Wales;

  • “local election” means an election of members of a local authority;

  • “local returning officer” means a person who, by virtue of section 35 of the Representation of the People Act 1983, is a returning officer for any local elections;

  • “relevant local authority”, in relation to a police area, means a local authority whose area falls wholly or partly within the police area;

  • “relevant provision” means any provision (whenever passed or made) of, or made under, any of the following—

    (a)

    the Representation of the People Acts,

    (b)

    the Local Government Act 1972,

    (c)

    the Local Government Act 2000,

    (d)

    the Political Parties, Elections and Referendums Act 2000,

    (e)

    the European Parliamentary Elections Act 2002,

    (f)

    the Government of Wales Act 2006, and

    (g)

    any other enactment relating to parliamentary elections, European Parliamentary elections or local government elections.