The Local Elections (Principal Areas) (Wales) Rules 2021 / Rheolau Etholiadau Lleol (Prif Ardaloedd) (Cymru) 2021

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

Rules 1 and 2 set out the title and commencement date of the Rules and make transitional provision so that any principal council elections in Wales held after the coming into force of these Rules, but before 5 May 2022, will be held in accordance with the 2006 Rules.

Unless stated otherwise, the explanatory notes are common to the provisions in Schedules 1 and 2.

Rule 6 – which sets out the general requirements about using a description;

Rule 7 - permits a candidate to add the words “Wales”, “Welsh”, “Cymru” or “Cymreig” to a registered party name or registered description, where the name or description in question does not already include a territorial descriptor. A candidate is permitted to use the word “Wales” or “Welsh” before the permitted registered name or registered description or may use the word “Cymru” or “Cymreig” after the permitted registered name or registered description. A candidate must not use the territorial descriptors permitted under rule 7 if one of the words is already part of the registered name or registered description or if the candidate is using the word “Independent” or “Annibynnol” or both those words as their description.

Rule 8 sets out the requirements for the statement of party membership. The candidate must declare on their nomination paper if they are, or have been, members of any registered political parties in the last 12 months (“ the relevant period ”), but that is not a party for which they are seeking to stand in the election in question. The “relevant period” is the period of 12 months ending with the day on which the notice of election was published. If a candidate knowingly fails to provide this information they will be guilty of a corrupt practice.

Rule 9(6) allows a candidate to state that they do not want their home address to be made public. If a candidate makes such a statement, the home address form must state: if the candidate’s home address is in the United Kingdom, they must state the “relevant area”, which is defined in rule 9(8); or if the home address is outside the United Kingdom, they must state the country in which it is located.

the names and descriptions of the persons who stand nominated;

the home address information for each candidate (in the manner requested by the candidate – see rule 9); and

the information contained in the statements of membership of political parties, as appropriate (see rule 8).

Rule 28(1) of each Schedule (which relates to the issue of postal ballot papers etc.) and rule 36(1) and (2) of each Schedule (which relates to the marking of postal voting lists) refer to regulations under the 1983 Act. At the time when these Rules are made, it is the Representation of the People (England and Wales) Regulations 2001 ( S.I. 2001/341 ) that make provision for the issue of postal ballot papers, postal voting statements and envelopes for their return and the marking of postal voting lists.

Rule 32(3) of Schedule 1 and rule 32(5) of Schedule 2 provide for the returning officer to provide each polling station with (among other things) copies of relevant notices issued under section 13B(3B) or (3D) of the 1983 Act. These are notices that supplement the copies of the relevant parts of the register that are also supplied to the polling station. Notices under section 13B(3B) deal with situations where there has been an appeal against a decision by a registration officer (for example, a decision refusing registration) and the appeal is successful. Notices under section 13B(3D) deal with situations where representations have been made about a clerical error in the register (for example, as to a person’s name or address) and the registration officer agrees that there is an error.

Rule 35(1) of each Schedule requires the returning officer to give every person attending the polling station, other than voters and their companions, persons under the age of 16 and constables on duty, a notice setting out the provisions of section 66(1), (3) and (6) of the 1983 Act. Section 66(1) requires returning officers, clerks, candidates, election agents, polling agents, representatives of the Electoral Commission and accredited observers who attend a polling station to maintain the secrecy of voting and it prohibits them from communicating certain information to anyone, for example, the names of voters or the official mark. Section 66(3) prohibits anyone from certain conduct, for example, interfering with a voter when voting. Under section 66(6), it is an offence not to comply with the requirements and prohibitions set out in the section.

Rule 37 of each Schedule includes among those who are entitled to attend a polling station “ persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000 ” (see rule 37(1)(g)). The persons who are entitled to attend by virtue of those sections are representatives of the Electoral Commission and accredited observers (who are either individuals whose applications to observe have been granted by the Electoral Commission or representatives of organisations whose applications to observe have been granted by the Electoral Commission).

the preparation of the corresponding number list under rule 23 or, if proceedings on the issue and receipt of postal ballot papers at the principal area election and the relevant election are not taken together, the preparation of Part 2 of the list;

the publication of notice of the situation of polling stations etc. under rule 27(3) to (5);

the issue of postal ballot papers under rule 28 where proceedings on the issue and receipt of postal ballot papers at the principal area election and the relevant election are taken together;

the provision of polling stations under rule 29;

the appointment of presiding officers and clerks under rule 30;