Amendment of the Local Elections (Parishes and Communities) (England and Wales) Rules 2006 I1I2I3I14
1I1
The Local Elections (Parishes and Communities) (England and Wales) Rules 200610 are amended as follows.
2I1
Schedule 2 (rules for conduct of an election of councillors of a parish where poll is not taken together with poll at another election) is amended in accordance with paragraphs (3) to (9).
I23
In rule 4 (nomination of candidates), for paragraph (3) substitute—
3
If a candidate—
a
commonly uses a surname that is different from any other surname the candidate has,
b
commonly uses a forename that is different from any other forename the candidate has, or
c
otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a),
the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).
I24
In rule 7 (consent to nomination), in paragraph (b)(i), for “and section 34 of the Localism Act 2011” substitute “, section 34 of the Localism Act 2011 and section 30 of the Elections Act 2022”
.
I25
In rule 8 (decisions as to validity of nomination papers), in paragraph (2)—
a
omit the “and” after sub-paragraph (aa);
b
after sub-paragraph (b) insert—
c
that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.
I26
In rule 9 (publication of statement of persons nominated), in paragraph (3)—
a
for “in addition to another name” substitute “in accordance with rule 4(3)”
;
b
for “any other name” substitute “the other surname or forename”
.
7I1
In rule 24 (appointment of presiding officers and polling clerks), in paragraph (3)(c) for “mentions” substitute “mentioned”
.
I38
In rule 33 (questions to be put to voters)—
a
in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”
;
b
in the table following paragraph (1)—
i
in entries 2 and 3, in the column headed “Question”, for question (c) substitute—
c
Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]
d
If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]
e
If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]
f
If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]
ii
omit entry 4;
c
in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”
.
9
In Part 7 (appendix of forms), for—
I2a
the form of nomination paper;
I2b
the form of candidate’s consent to nomination;
I3c
the form of official poll card (to be sent to an elector voting in person); and
I3d
the form of official proxy poll card (to be sent to an appointed proxy voting in person),
substitute the corresponding forms set out in Part 1 of Schedule 4 to these Regulations.
10I1
Schedule 3 (rules for conduct of an election of councillors of a parish where the poll is taken together with the poll at a relevant election or referendum) is amended in accordance with paragraphs (11) to (17).
I211
In rule 4 (nomination of candidates), for paragraph (3) substitute—
3
If a candidate—
a
commonly uses a surname that is different from any other surname the candidate has,
b
commonly uses a forename that is different from any other forename the candidate has, or
c
otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a),
the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).
I212
In rule 7 (consent to nomination), in paragraph (b)(i), for “and section 34 of the Localism Act 2011” substitute “, section 34 of the Localism Act 2011 and section 30 of the Elections Act 2022”
.
I213
In rule 8 (decisions as to validity of nomination papers), in paragraph (2)—
a
omit the “and” after sub-paragraph (aa);
b
after sub-paragraph (b) insert—
c
that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.
I214
In rule 9 (publication of statement of persons nominated), in paragraph (3)—
a
for “in addition to another name” substitute “in accordance with rule 4(3)”
;
b
for “any other name” substitute “the other surname or forename”
.
15I1
In rule 24 (appointment of presiding officers and polling clerks), in paragraph (3)(c) for “mentions” substitute “mentioned”
.
I316
In rule 33 (questions to be put to voters)—
a
in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”
;
b
in the table following paragraph (1)—
i
in entries 2 and 3, in the column headed “Question”, for question (c) substitute—
c
Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]
d
If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]
e
If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]
f
If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]
ii
omit entry 4;
c
in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”
.
17
In Part 7 (appendix of forms), for—
I2a
the form of nomination paper;
I2b
the form of candidate’s consent to nomination;
I3c
the form of official poll card (to be sent to an elector voting in person); and
I3d
the form of official proxy poll card (to be sent to an appointed proxy voting in person),
substitute the corresponding form set out in Part 2 of Schedule 4 to these Regulations.