UK Offence Report

The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023

UK Statutory Instrument 2023 No. 1141 — creates 5 criminal offences.

5offences created
0recorded in force
0revoked
Made
25 October 2023
In force from
Not determined
Extent
Not stated
Subject
Elections and representation of the people
Made under
Local Democracy, Economic Development and Construction Act 2009, Local Government Act 2000, Local Government Finance Act 1992, Police Reform and Social Responsibility Act 2011, Political Parties, Elections and Referendums Act 2000, Recall of MPs Act 2015, Schedule 4B to the Town and Country Planning Act 1990, Schedule 5B to, the Local Democracy, Economic Development and Construction Act 2009, Schedule 5B to, the Local Democracy, Economic Development and Construction Act 2009, Town and Country Planning Act 1990, Welsh Language Act 1993

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations make provision relating to sections 8, 10 and 15 and Part 5 of the Elections Act 2022 (c. 37) (“the Act”). Regulations 3, 4(4), 9 and 11 make provision to replicate the provision for “commonly used names” of candidates made by section 10 of the Act, including replacing the nomination paper, for other election types. These regulations also make provision to implement Part 5 of the Act (disqualification of offenders for holding elective office etc.) by enabling a returning officer to hold a candidate’s nomination paper invalid if the person submitting that nomination paper is subject to a disqualification order under section 30 of the Act, and by replacing the consent to nomination form with a new form which includes a declaration that a person is not disqualified by reason of a disqualification order. In addition the forms for local authority mayoral elections (both single and combined authorities) are amended to reflect the amended candidacy rights for EU citizens introduced by section 15 of the Act. Regulations 4(3), 5(b), 6(b), 7(2)(b) and (3)(b) and 8(4) make provision to apply or replicate section 114A of the Representation of the People Act 1983 (introduced by section 8 of the Act) so that the new offence of undue influence applies to elections and referendums covered in these regulations. Regulation 10 makes provision that ensures that the date of a vacancy in the office of a combined authority mayor is determined in accordance with section 31 of the Act if that vacancy has arisen as a result of a disqualification order. Regulations 4(2), 5(a), 6(a), 7(2)(a) and (3)(a) and 8(2) and (3) make provision to apply the offences in the Ballot Secrecy Act 2023 (c. 12) to Police and Crime Commissioner elections and recall petitions as well as to local government, council tax and neighbourhood planning referendums. Regulation 2 makes provision for the use of alternative forms of candidate’s consent to nomination (as set out in Schedule 1) for single authority and combined authority mayoral elections for which the date of poll specified in the notice of election is on or between 2nd and 6th May 2024, which reflects the period between the dates on which Part 5 of the Act and section 15 of the Act respectively take effect. A full regulatory impact assessment has not been prepared as this instrument will have no, or no significant, impact on the private, voluntary or public sector.

Offences created by this instrument

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

How Parliament handled it

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