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The Police and Crime Commissioner Elections Order 2012

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PART 2U.K.Election Petition Rules 1960

2.—(1) The Election Petition Rules 1960 M1 apply for the purposes of PCC elections.U.K.

(2) In the application by virtue of this paragraph of any provision of those Rules which is listed in the first column of the table, that provision has effect—

(a)with the modifications (if any) shown in the second column of the table, and

(b)with any other necessary modifications, including in particular those set out in sub-paragraph (3).

(3) Except where the context otherwise requires—

(a)a reference to a provision that is applied by this Schedule has effect as a reference to that provision as so applied;

(b)expressions are to be construed in accordance with the definitions listed in article 2 of this Order.

ProvisionModification
Rule 2 (definitions)In paragraph (2)—
(a) omit the definition of “local election petition”;

(b) in the definition of “petition” for the words from “means” to the end substitute “ means a PCC election petition ”;

(c) for the definition of “constituency” substitute “ “police area” means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London) ”;

(d) in the definition of “returning officer”, for the words from “means” to the end substitute “ means the police area returning officer for the police area to which the PCC election petition relates ”.

In paragraph (3), for “the prescribed officer in relation to elections under the local government Act” substitute “ the prescribed officer in relation to elections under Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011 ”.

In paragraph (4), for “Subject to the provisions of the Act and these Rules,” substitute “ Subject to the provisions of the Act, these Rules and the Police and Crime Commissioner Elections Order 2012, ”.

Rule 4 (form of petition)In paragraph (1)—
(a) in sub-paragraph (a), omit “section 121(1) or”;
(b) in sub-paragraph (b), omit the words from “showing” to the end;
(c) in sub-paragraph (c), omit “subsection (2) or (3) of section 122 of”.
Rule 6 (notice to be given to respondent and DPP)In paragraph (1), omit “section 121(2) or”.
Rule 9 (display etc of notice of time and place of trial)In paragraph (3), omit the words from the beginning to “and in any other case”.

In paragraph (4), for “in his constituency” substitute “ in the police area for which the returning officer acts ”.

Rule 12 (application for leave to withdraw a petition)

In paragraph (2)(b), for “in the constituency” substitute “ in the police area ”.

In paragraph (4), for “in his constituency” substitute “ in the police area for which the returning officer acts ”.

Rule 14 (petition abated in the event of a petitioner's death)In paragraph (1)—

(a) in sub-paragraph (b), for “in his constituency” substitute “ in the police area for which the returning officer acts ”;

(b) in sub-paragraph (c), for “in the constituency” substitute “ in the police area ”.

Rule 16Omit rule 16
Rule 19 (computation of time)

In paragraph (1), for “section 119 of the Act” substitute “ article 73 of the Police and Crime Commissioner Elections Order 2012 ”.

In paragraph (2), for “section 119(2) of the Act” substitute “ article 73(1)(a) to (c) of the Police and Crime Commissioner Elections Order 2012 ”.

Schedule (form of election petition)

In the preamble, for “And in the matter of a Parliamentary (or Local Government) Election for (state place)” substitute “ And in the matter of a police and crime commissioner election for (state police area) ”.

In paragraph 1, omit “(or in the case of a parliamentary election claims to have had a right to be elected or returned at the above election)”.
For paragraph 2, substitute—
“2 That the election was held on the .. .. .. ..day of .. .. .. .., 20 .. .., when E.F., G.H. and J.K. were candidates, and on the .. .. .. ..day of .. .. .. ..20 .. .., and E.F. was declared to be duly elected as police and crime commissioner”.
In paragraph 4, omit “in section 122(2) or (3) or”
For the prayer, substitute—
“The Petitioner(s) therefore pray(s)—
(1) That it may be determined that the said E.F. was not duly elected and that the election was void (or that the said J.K. was duly elected and ought to have been returned) (or as the case may be).
(2) That the Petitioner(s) may have such further or other relief as may be just.”

Marginal Citations

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