(1) This section applies where a person makes an application in accordance with any prescribed requirements to the Chief Electoral Officer for Northern Ireland for an electoral identity card.
(2) Regulations may provide for—
(a) the descriptions of person who may make such an application; ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The Chief Electoral Officer shall determine such an application and, if he is satisfied that the information given by the applicant is correct, he shall issue an electoral identity card to the applicant free of charge.
(3A) Regulations may make provision about the issuing or collection of an electoral identity card.
(3B) The provision that may be made by virtue of subsection (3A) includes provision amending the parliamentary elections rules in connection with the collection of an electoral identity card from a polling station.
(4) The electoral identity card issued to an applicant shall—
(a) state his full name and date of birth,
(b) bear his photograph,
(c) indicate when the card ceases to be current, and
(d) subject to provision made by virtue of subsection (4A), include such other information and be in such form as the Chief Electoral Officer shall determine.
(4A) Regulations may make provision—
(a) about the information to be included in an electoral identity card;
(b) about the form of an electoral identity card (including provision for the card to be issued in different forms in different circumstances).
(5) For the purposes of subsection (4) above and rule 37(1E) in Schedule 1 to this Act (specified documents), an electoral identity card becomes current on the date of its issue and ceases to be so on the expiry of the period of 10 years beginning with that date.
(6) Any expenses properly incurred by the Chief Electoral Officer in the performance of his functions under this section shall be treated as registration expenses of his for the purposes of this Act.
(7) In this section “determine” means determine in accordance with regulations (if any).
13CZA Provision of false information: application for electoral identity document, anonymous elector’s document or electoral identity card
(1) A person commits an offence if the person provides false information in connection with—
(a) an application under section 13BD for an electoral identity document,
(b) an application under section 13BE for an anonymous elector’s document, or
(c) an application under section 13C for an electoral identity card.
(2) In relation to a signature, “false information” for the purposes of subsection (1) means a signature which—
(a) is not the usual signature of, or
(b) was written by a person other than,
the person whose signature it purports to be.
(3) A person does not commit an offence under subsection (1) if the person did not know, and had no reason to suspect, that the information was false.
(4) Where sufficient evidence is adduced to raise an issue with respect to the defence under subsection (3), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(5) A person who commits an offence under this section is liable—
(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine (or both);
(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale (or both).
(6) In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in subsection (5)(a) to 51 weeks is to be read as a reference to six months.
13CA Scottish local government elections: false information in connection with applications for absent voting
(1) A person who provides false information in connection with an application mentioned in subsection (2) below commits an offence.
(2) The application referred to in subsection (1) above is an application—
(a) relating to a local government election in Scotland; and
(b) to which any of the following provisions of Schedule 4 to the Representation of the People Act 2000 (c. 2) applies, namely—
(i) paragraph 3(1) or (2);
(ii) paragraph 4(1) or (2);
(iii) paragraph 7(4).
(3) In relation to a signature, “false information” for the purposes of subsection (1) above means a signature which—
(a) is not the usual signature of; or
(b) was written by a person other than,
the person whose signature it purports to be.
(4) A person does not commit an offence under subsection (1) above if the person did not know, and had no reason to suspect, that the information was false.
(5) Where sufficient evidence is adduced to raise an issue with respect to the defence under subsection (4) above, the court must assume that the defence is satisfied unless the prosecutor proves beyond reasonable doubt that it is not.
(6) A person guilty of an offence under subsection (1) above is liable on summary conviction to (either or both)—
(a) imprisonment for a term not exceeding 6 months;
(b) a fine not exceeding level 5 on the standard scale.
(1) A person who for any purpose connected with the registration of electors provides to a registration officer any false information is guilty of an offence.
(1A) A person who provides false information in connection with an application (other than an application relating only to a local government election in Scotland) to which any of the following provisions of Schedule 4 to the Representation of the People Act 2000 (applications relating to absent voting) applies is guilty of an offence—
(a) paragraph 3(1) or (2);
(b) paragraph 4(1) or (2);
(c) paragraph 7(4).
(2) A person who provides false information to the Chief Electoral Officer for Northern Ireland for the purpose of obtaining the dispensation referred to in section 10(4B), 10A(1B) or 13A(2B) above is guilty of an offence.
(3) In relation to a signature, “false information” for the purposes of subsection (1) or (1A) means a signature which—
(a) is not the usual signature of; or
(b) was written by a person other than,
the person whose signature it purports to be.
(4) A person does not commit an offence under subsection (1) or (1A) above if he did not know, and had no reason to suspect, that the information was false.
(5) Where sufficient evidence is adduced to raise an issue with respect to the defence under subsection (4) above, the court shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(6) A person guilty of an offence under this section shall be liable on summary conviction to—
(a) imprisonment for a term not exceeding 51 weeks ; or
(b) a fine not exceeding level 5 on the standard scale,
or to both.
(7) In the application of subsection (6)(a) to Scotland and Northern Ireland, the reference to 51 weeks must be taken to be a reference to six months.
(8) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (6)(a) to 51 weeks must be taken to be a reference to six months.
(1) A person has a service qualification for the purposes of this Act who—
(a) is a member of the forces,
(b) (not being such a member) is employed in the service of the Crown in a post outside the United Kingdom of any prescribed class or description,
(c) is employed by the British Council in a post outside the United Kingdom,
(d) is the spouse or civil partner of a member of the forces,
(e) is the spouse or civil partner of a person mentioned in paragraph (b) or paragraph (c) above and is residing outside the United Kingdom to be with his or her spouse or civil partner,
and where a person leaves the United Kingdom to take up employment or residence as mentioned above or returns to the United Kingdom at the end of such employment or residence, the employment or residence shall be deemed to begin from the time of leaving or to continue until the time of returning, as the case may be.
(1A) In relation to the registration of local government electors in Scotland, a person also has a service qualification for the purposes of this Act if—
(a) the person is under the age of 18,
(b) a parent or guardian of the person has a service qualification under any of paragraphs (a) to (e) of subsection (1), and
(c) the person is residing at a particular place in order to be with that parent or guardian.
(1A) In relation to the registration of local government electors in Wales, a person also has a service qualification for the purposes of this Act if—
(a) the person is under the age of 18,
(b) a parent or guardian of the person has a service qualification under any of paragraphs (a) to (e) of subsection (1), and
(c) the person is residing at a particular place in order to be with that parent or guardian.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A service declaration shall be made only—
(a) by a person who has a service qualification, or
(b) subject to any prescribed conditions, by a person about to leave the United Kingdom in such circumstances as to acquire a service qualification.
and a service declaration may be made by such a person notwithstanding the fact that by reason of his age he is not yet entitled to vote.
(2) Where a person is registered in a register of electors in pursuance of a service declaration, the person is entitled to remain so registered until—
(a) the end of the period of 12 months beginning with the date when the entry in the register first takes effect,
(aa) the registration officer determines in accordance with regulations that the person was not entitled to be registered,
(ab) the registration officer determines in accordance with regulations that the person was registered as the result of an application under section 10ZC made by some other person or that the person's entry has been altered as the result of an application under section 10ZD made by some other person,
(b) the declaration is cancelled under subsection (7) below, or
(c) another entry made in respect of him in any register of electors takes effect (whether or not in pursuance of a service declaration),
whichever first occurs.
(3) Where the entitlement of such a person to remain so registered terminates by virtue of subsection (2) above, the registration officer concerned shall remove that person’s entry from the register, unless he is entitled to remain registered in pursuance of a further service declaration.
(3A) In relation to the registration of local government electors in Wales, a service declaration made by a person by virtue of a service qualification under section 14(1A) ceases to have effect when the person attains the age of 18.
(3B) Without prejudice to subsection (2), a person registered in a register of local government electors in Wales in pursuance of a service declaration referred to in subsection (3A) ceases to be entitled to remain so registered when the person attains the age of 18.
(3C) Where a person's entitlement to remain registered ceases under subsection (3B), the registration officer must remove the person's entry from the register.
(5) No service declaration shall be specially made by a person for the purpose of local government elections, and any service declaration made for the purpose of parliamentary elections shall have effect also for the purpose of local government elections; but—
(a) a service declaration may be made for the purpose of local government elections only by a person who is as a peer subject to a legal incapacity to vote at parliamentary elections or—
(i) in relation to local government elections in England, by a qualifying EU citizen or an EU citizen with retained rights, or
(ii) in relation to local government elections in Wales, by a relevant citizen of the Union; and
(b) where so made, shall be marked to show that it is available for local government elections only, but shall in all other respects be the same as other service declarations.
(5A) Despite anything in subsection (5), in relation to Wales, a relevant service declaration made by a person has effect only for the purposes of the person's registration as a local government elector.
(5B) In subsection (5A), “relevant service declaration” means—
(a) a service declaration made by virtue of a service qualification under section 14(1A);
(b) a service declaration made by a qualifying foreign citizen;
(c) any other service declaration made by a person who, on the date on which the declaration is made, is—
(i) under the age of 17, and
(ii) not entitled to be registered in the register of parliamentary electors.
(5C) A relevant service declaration referred to in subsection (5A) must be marked to show that it is available only for the purposes of registration as a local government elector, but otherwise is to be the same as other service declarations.
(6) If a person—
(a) makes a service declaration declaring to more than one address, or
(b) makes more than one service declaration bearing the same date and declaring to different addresses,
the declaration or declarations shall be void.
(7) A service declaration may at any time be cancelled by the declarant ....
(8) A service declaration shall be of no effect unless it is received by the registration officer concerned within the period of three months beginning with the date of the declaration.
(9) The Secretary of State may by order provide that, in relation to the persons mentioned in section 14(1)(a) and (d), subsection (2)(a) above has effect as if for the period of 12 months there were substituted such other period (not exceeding five years) as he thinks appropriate.
(10) The power to make an order under subsection (9) is exercisable by statutory instrument, which may contain such incidental or consequential provision as the Secretary of State thinks appropriate.
(11) No order may be made under subsection (9) unless—
(a) the Secretary of State first consults the Electoral Commission, and
(b) a draft of the instrument containing the order is laid before, and approved by a resolution of, each House of Parliament.
(12) If the period substituted by an order under subsection (9) is longer than the period for the time being in force, the longer period has effect in relation to any person who immediately before the order was made was entitled to remain in a register by virtue of subsection (2).
(1) A service declaration shall state—
(a) the date of the declaration.
(b) . . . that on that date the declarant is, or but for the circumstances entitling him to make the declaration would have been, residing in the United Kingdom,
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) the address where the declarant is or, as the case may be, . . . would have been residing in the United Kingdom or, if he cannot give any such address, an address at which he has resided in the United Kingdom,
(e) that on the date of the declaration the declarant is a Commonwealth citizen or a citizen of the Republic of Ireland or —
(i) if the declaration is made for the purposes only of the registration of local government electors in England, a qualifying EU citizen or an EU citizen with retained rights, or
(ii) if the declaration is made for the purposes only of the registration of local government electors in Wales, a relevant citizen of the Union or a qualifying foreign citizen,
(f) whether the declarant had on the date of the declaration attained the age of 18 years, and, if he had not, the date of his birth, and
(g) such particulars (if any) as may be prescribed of the declarant’s identity and service qualifications,
and (except where the declarant is a member of the forces or the spouse or civil partner of such a member) shall be attested in the prescribed manner.
(2) In relation to the registration of local government electors in Wales, a service declaration made by a person claiming to have a service qualification under section 14(1A) does not require to be attested.
(1) Where a person’s service declaration is in force when he applies for registration, he shall be regarded for the purposes of section 4 above as—
(a) resident on the date of the declaration at the address specified in it in accordance with section 16(d) above;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
(c) until the contrary is proved, as being a Commonwealth citizen or a citizen of the Republic of Ireland or —
(i) if the declaration is made for the purposes only of the registration of local government electors in England, a qualifying EU citizen or an EU citizen with retained rights, or
(ii) if the declaration is made for the purposes only of the registration of local government electors in Wales, a relevant citizen of the Union or a qualifying foreign citizen,
of the age appearing from the declaration and as not being subject to any legal incapacity except as so appearing.
(2) Where a service declaration appearing to be properly made out and (where required) attested is transmitted to the registration officer in the proper manner, the declarant shall, until the contrary is proved, be treated for the purposes of registration as having had from the date of the declaration or such later date, if any, as appears from it, and as continuing to have, a service qualification.
(3) In relation to the registration of local government electors in Wales, subsection (2) is subject to section 15(3A).
18 Polling districts and places at parliamentary elections.
(1) Every constituency shall be divided into polling districts and subject to the provisions of this section there shall be a polling place designated for each polling district.
(2) In England . . . it is the duty of the council of each district or London borough , and in Wales it is the duty of the council of each county or county borough, to divide their area into polling districts for the purpose of parliamentary elections for so much of any constituency as is situated in their area, and to designate the polling places for those polling districts, and to keep the polling districts and polling places under review, in accordance with the following rules—
(a) the council shall exercise the powers conferred by this section with a view to giving all electors in so much of the constituency as falls within their area such reasonable facilities for voting as are practicable in the circumstances and, in particular, they shall, so far as is reasonable and practicable, designate as polling places only places which are accessible to electors who are disabled;
(b) . . . , each parish or community shall in the absence of special circumstances be a separate polling district or districts;
(c) the polling place for any polling district shall be an area in that district, except where special circumstances make it desirable to designate an area wholly or partly outside the polling district, and shall be small enough to indicate to electors in different parts of the polling district how they will be able to reach the polling station;
(d) a polling place need not be designated for any polling district, if the size and other circumstances of the district are such that the situation of the polling stations does not materially affect the convenience of the electors or any body of them.
(3) In Scotland it is the duty of every local authority to divide their area into polling districts for the purpose of parliamentary elections for so much of any constituency as is situated in their area and to designate the polling places for those polling districts, and to keep the polling districts and polling places under review in accordance with the following rules—
(a) the local authority shall exercise the powers conferred by this section with a view to giving all electors in so much of the constituency as falls within their area such reasonable facilities for voting as are practicable in the circumstances and, in particular, the local authority shall, so far as is reasonable and practicable, designate as polling places only places which are accessible to electors who are disabled;
(b) each electoral ward, within the meaning of section 5 of the Local Government etc. (Scotland) Act 1994, which is wholly or partly within so much of any constituency as falls within their area, shall, in the absence of special circumstances, be a separate polling district or districts;
(c) the polling place for any polling district shall be an area in that district, except where special circumstances make it desirable to designate an area wholly or partly outside the polling district, and shall be small enough to indicate to electors in different parts of the polling district how they will be able to reach the polling station;
(d) a polling place need not be designated for any polling district, if the size and other circumstances of the district are such that the situation of the polling stations does not materially affect the convenience of the electors or any body of them.
(4) In the case of a polling district for which no polling place is designated the polling district shall be taken to be the polling place for the purposes of this Act.
(5) If . . . not less than 30 electors in a constituency make a representation to the Electoral Commission that the powers conferred by this section have not been exercised so as to meet the reasonable requirements of the electors in the constituency or any body of those electors, the Electoral Commission shall consider the representation and may, if they think fit—
(a) direct the council . . . by whom the powers are exercisable, to make any alterations which the Electoral Commission thinks necessary in the circumstances, and
(b) if the council . . . fails to make those alterations within a month after the direction is given, himself make the alterations,
and any alterations made by the Electoral Commission under this subsection shall have effect as if they had been made by the council . . ..
In this subsection the expression “interested authority”, in relation to any constituency, means—
(i) as respects England, the council or where there is no such council the parish meeting of a parish which is wholly or partly situated within the constituency;
(ii) as respects Wales, the council of a community which is so situated;
(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) On the exercise of any power given by this section, the council . . . —
(a) shall publish in the constituency a notice showing the boundaries of any polling districts or polling places constituted as a result of the exercise of the power;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Subsections (2) to (6) above do not apply to Northern Ireland, and in Northern Ireland the polling districts and polling places are those for the time being established under the law relating to local elections within the meaning of section 130 of the Electoral Law Act (Northern Ireland) 1962.
(8) Where any alteration of polling districts in an area is made under this section—
(a) the registration officer who acts for the area shall make such adaptations of his register of parliamentary electors as are necessary to take account of the alteration; and
(b) the alteration shall be effective on the date on which the registration officer publishes a notice stating that any such adaptations have been made by him.
(9) An election shall not be questioned by reason of—
(a) any noncompliance with the provisions of this section; or
(b) any informality relative to polling districts or polling places.
18A Polling districts at parliamentary elections: Great Britain
(1) Every constituency is to be divided into polling districts.
(2) A relevant authority must—
(a) divide its area into polling districts for the purpose of parliamentary elections for so much of any constituency as is situated in its area, and
(b) keep the polling districts under review.
(3) The following rules apply—
(a) the authority must seek to ensure that all electors in a constituency in its area have such reasonable facilities for voting as are practicable in the circumstances;
(b) in England, each parish is to be a separate polling district;
(c) in Wales, each community is to be a separate polling district;
(d) in Scotland, each electoral ward (within the meaning of section 1 of the Local Governance (Scotland) Act 2004) is to be divided into two or more separate polling districts.
(4) Subsection (3)(b) to (d) does not apply if, in any case, there are special circumstances.
(5) If an alteration of polling districts in an area is made under this section—
(a) the registration officer who acts for the area must make such adaptations of his register of parliamentary electors as are necessary to take account of the alteration, and
(b) the alteration is effective on the date on which the registration officer publishes a notice stating that the adaptations have been made by him.
(6) This section does not apply to Northern Ireland.
18AA Polling districts at parliamentary elections: Northern Ireland
(1) Every constituency in Northern Ireland is to be divided into polling districts.
(2) The Secretary of State must—
(a) divide Northern Ireland into polling districts for the purpose of parliamentary elections, and
(b) keep the polling districts under review.
(3) The Secretary of State must seek to ensure that all electors in Northern Ireland have such reasonable facilities for voting as are practicable in the circumstances.
(4) Before dividing Northern Ireland into polling districts under subsection (2)(a) or completing a review under subsection (2)(b), the Secretary of State must consult—
(a) the Electoral Commission, and
(b) any other person the Secretary of State considers appropriate.
(5) If an alteration of polling districts is made under this section—
(a) the Chief Electoral Officer for Northern Ireland must make such adaptations of the registers of parliamentary electors maintained by that officer as are necessary to take account of the alteration, and
(b) the alteration is effective on the date on which the Chief Electoral Officer publishes a notice stating that the adaptations have been made.
(1) A polling place is to be designated for each polling district in a constituency.
(2) But subsection (1) does not apply if the size or other circumstances of a polling district are such that the situation of the polling stations does not materially affect the convenience of the electors or any body of them.
(3) A relevant authority must—
(a) designate the polling places for the polling districts in its area, and
(b) keep the polling places in its area under review.
(4) The following rules apply—
(a) the authority must seek to ensure that all electors in a constituency in its area have such reasonable facilities for voting as are practicable in the circumstances;
(b) the authority must seek to ensure that so far as is reasonable and practicable every polling place for which it is responsible is accessible to electors who are disabled;
(c) the authority must have regard to the accessibility to disabled persons of potential polling stations in any place which it is considering designating as a polling place or the designation of which as a polling place it is reviewing;
(d) the polling place for a polling district must be an area in the district, unless special circumstances make it desirable to designate an area wholly or partly outside the district;
(e) the polling place for a polling district must be small enough to indicate to electors in different parts of the district how they will be able to reach the polling station.
(5) If no polling place is designated for a polling district the polling district is to be taken to be the polling place.
18C Review of polling districts and places: Great Britain
(1) A relevant authority must during each compulsory review period carry out and complete—
(a) a review under section 18A of all the polling districts in its area, and
(b) a review under section 18B of all the polling places in its area.
(2) The compulsory review periods are—
(a) the period of 16 months beginning with 1st October 2013, and
(b) the period of 16 months beginning with 1st October of every fifth year after that.
(3) Subsection (1) does not prevent a relevant authority carrying out a review of some or all of the polling districts or polling places in its area at other times.
(6) Schedule A1 has effect in relation to a review.
(7) This section does not apply to Northern Ireland.
(1) The Chief Electoral Officer for Northern Ireland must, during each compulsory review year, carry out and complete a review under section 18B of all the polling places in Northern Ireland.
(2) The compulsory review years are 2014 and every fifth year after that.
(3) Subsection (1) does not prevent the Chief Electoral Officer carrying out a review under section 18B of some or all of the polling places in Northern Ireland at other times.
(4) Subsection (1) does not require the Chief Electoral Officer to carry out and complete a review of all the polling places in Northern Ireland during a compulsory review year if reviews under section 18B of all those polling places are completed during the previous year.
(5) Schedule A1, except paragraphs 2 and 3, has effect in relation to a review under section 18B of polling places in Northern Ireland.
18D Review of polling districts and places: representations to Electoral Commission
(1) This section applies if in relation to a constituency in the area of a relevant authority a relevant representation is made to the Electoral Commission by—
(a) an interested authority in England and Wales;
(b) not less than 30 electors in the constituency;
(c) a person (other than the returning officer) who has made representations under Schedule A1;
(d) a person who is not an elector in a constituency in the authority's area but who the Commission think has sufficient interest in the accessibility of disabled persons to polling places in the area or has particular expertise in relation to the access to premises or facilities of disabled persons.
(2) A relevant representation is a representation that a review under section 18A or 18B has not been conducted by a relevant authority so as to—
(a) meet the reasonable requirements of the electors in the constituency or any body of those electors, or
(b) take sufficient account of the accessibility to disabled persons of polling stations within a designated polling place.
(3) The returning officer for the constituency may make observations on representations made under this section.
(4) The Electoral Commission must consider such representations and observations and may, if they think fit—
(a) direct the relevant authority to make any alterations to the polling places designated by the review which the Commission think necessary in the circumstances;
(b) if the authority fails to make the alterations before the end of the period of two months starting on the day the direction is given, make the alterations themselves.
(5) Alterations made by the Electoral Commission under subsection (4) have effect as if they had been made by the relevant authority.
(6) An interested authority in relation to a constituency in England and Wales is—
(a) in England, the council of a parish, or where there is no such council the parish meeting of a parish, which is wholly or partly situated within the constituency;
(b) in Wales, the council of a community which is so situated.
(7) The reference in subsection (1)(b) to electors does not include persons who have an anonymous entry in the register of parliamentary electors or local government electors.
(1) This section applies for the purposes of sections 18A to 18D.
(2) No election is to be questioned by reason of—
(a) any non-compliance with the provisions of those sections, or
(b) any informality relative to polling districts or polling places.
(3) Each of the following is a relevant authority—
(a) in relation to England, the council of a district or London borough;
(b) in relation to Scotland, a local authority;
(c) in relation to Wales, the council of a county or county borough;
(d) in relation to Northern Ireland, the Chief Electoral Officer for Northern Ireland.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The proceedings at a parliamentary election shall be conducted in accordance with the parliamentary elections rules in Schedule 1 to this Act.
(2) It is the returning officer’s general duty at a parliamentary election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by those parliamentary elections rules.
(3) No parliamentary election shall be declared invalid by reason of any act or omission by the returning officer or any other person in breach of his official duty in connection with the election or otherwise of the parliamentary elections rules if it appears to the tribunal having cognizance of the question that—
(a) the election was so conducted as to be substantially in accordance with the law as to elections; and
(b) the act or omission did not affect its result.
(1) In England and Wales, the returning officer for a parliamentary election is—
(a) in the case of a county constituency in England which is coterminous with or wholly contained in a county, the sheriff of the county;
(aa) in the case of a county constituency in Wales which is coterminous with or wholly contained in a preserved county as defined by section 64 of the Local Government (Wales) Act 1994, the sheriff of the county;
(b) in the case of a borough constituency in England which is coterminous with or wholly contained in a district, the chairman of the district council;
(bb) in the case of a borough constituency in Wales which is coterminous with or wholly contained in a county or county borough, the chairman of the county or county borough council;
(c) in the case of any other constituency in England wholly outside Greater London,such sheriff or chairman of a district council as may be designated in an order by the Secretary of State made by statutory instrument;
(cc) in the case of any other constituency in Wales, such sheriff or chairman of a county or county borough council as may be designated in an order by the Secretary of State so made;
(d) in the case of a constituency which is coterminous with or wholly contained in a London borough, the mayor of the borough;
(dd) where a council of a London borough are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive , paragraph (d) shall have effect as if for the words “the mayor” there were substituted “the chairman”
(e) in the case of a constituency wholly or partly in Greater London which is situated partly in one London borough and partly in a district or any other London borough, the mayor or the chairman of such London borough or the chairman of such district council as may be designated in an order by the Secretary of State made by statutory instrument.
The City, the Inner Temple and the Middle Temple shall be treated for the purposes of this section as if together they formed a London borough.
(1A) In subsection (1), “executive arrangements”, “mayor and cabinet executive” and “mayor and council manager executive” have the same meaning as in Part II of the Local Government Act 2000.
(2) A parliamentary election is not liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at or conducting the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at or conduct the election.
(1) In Scotland, the returning officer for a parliamentary election is—
(a) in the case of a constituency wholly situated in one local government area, the person under section 41 below who is, or who may discharge the functions of, the returning officer at elections of councillors for the local authority for that area;
(b) in the case of a constituency situated in more than one local government area, such person mentioned above as the Secretary of State may by order direct.
(2) Every local authority shall place at the disposal of the returning officer for a constituency wholly or partly situated in their area, for the purpose of assisting the returning officer in the discharge of any functions conferred on him in relation to a parliamentary election in that constituency, the services of officers employed by the authority.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) In Northern Ireland, the Chief Electoral Officer for Northern Ireland is the returning officer for each constituency.
(2) Sections 14(5) and 14A(2) and (3) of the Electoral Law Act (Northern Ireland) 1962 (appointment of temporary deputy and delegation to assistants) shall have effect in relation to the Chief Electoral Officer in his capacity as returning officer.
(1) It is for the returning officer as such to execute the writ for a parliamentary election, and the office of returning officer is a distinct office from that by virtue of which he becomes returning officer.
(2) Where a person takes any office by virtue of which he becomes returning officer, he (and not the outgoing holder of the office) shall complete the execution of any writ for a parliamentary election previously issued and not yet returned.
(3) A person is not subject to any incapacity to vote at a parliamentary election by reason of being or acting as returning officer at that election.
28 Discharge of returning officer’s functions in England and Wales.
(1) In England and Wales the duties of the returning officer for a parliamentary election (except those mentioned in subsection (2) below) shall be discharged, as acting returning officer—
(a) in the case of a constituency in England for which the chairman of a district council or the mayor or the chairman of a London borough is returning officer by virtue of section 24(1) above, by the registration officer appointed by that council;
(aa) in the case of a constituency in Wales for which the chairman of a county or county borough council is returning officer by virtue of that section, by the registration officer appointed by that council;
(b) in the case of any other constituency, by such registration officer as may be designated in an order made by statutory instrument by the Secretary of State.
(2) The duties excepted from subsection (1) above are—
(a) any duty imposed on a returning officer under rule 3 of the parliamentary elections rules; and
(b) any duty so imposed under rule 50 of those rules which the person (if any) who for the time being holds the office of returning officer reserves to himself and undertakes to perform in person.
(3) The returning officer shall give to the acting returning officer written notice of any duties which he reserves to himself under paragraph (b) of subsection (2) above, and that paragraph shall, in the case of any election, apply to the duties (if any) of which the notice is so given not later than the day following that on which the writ is received, and to no others.
(3A) For the purposes of subsection (3), the writ is to be taken to have been received—
(a) in the case of a general election, on the day after the date of the dissolution of Parliament, and
(b) in the case of a by-election, on the day after the date of the warrant for the writ.
(4) In the discharge of the duties imposed by subsection (1) an acting returning officer has all the powers, obligations, rights and liabilities of the returning officer under this Act, and this Act has effect accordingly.
(5) An acting returning officer has power to appoint deputies to discharge all or any of those duties, and a Welsh county council or county borough council or a district council or London borough council may assign officers to assist in carrying out all or any of those duties.
(6) Section 25 of the Sheriffs Act 1887 (death of sheriff) does not authorise the undersheriff to discharge the duties of returning officer, and upon a sheriff’s death the acting returning officer shall discharge all the sheriff’s duties as returning officer until another sheriff is appointed and has made the declaration of office.
(1) No consideration shall be given by or to a returning officer for the making out, receipt, delivery or return of the writ for a parliamentary election or, subject to the following provisions of this section, otherwise in connection with its execution.
(2) Nothing in subsection (1) above shall be taken as applying to any inclusive salary payable to a returning officer in respect of the office by virtue of which he becomes returning officer.
(3) Subject to section 29A, a returning officer shall be entitled to recover his charges in respect of services rendered, or expenses incurred, for or in connection with a parliamentary election if—
(a) the services were necessarily rendered, or the expenses were necessarily incurred, for the efficient and effective conduct of the election; and
(b) the total of his charges does not exceed the amount (“the overall maximum recoverable amount”) specified in, or determined in accordance with, an order made by the Secretary of State for the purposes of this subsection.
(3A) An order under subsection (3) may specify, or make provision for determining in accordance with the order, a maximum recoverable amount for services or expenses of any specified description and, subject to subsection (3B) below, the returning officer may not recover more than that amount in respect of any such services or expenses.
(3B) The Secretary of State may, in a particular case, authorise the payment of—
(a) more than the overall maximum recoverable amount, or
(b) more than the specified maximum recoverable amount for any specified services or expenses,
if he is satisfied that the conditions in subsection (3C) are met.
(3C) The conditions referred to in subsection (3B) are—
(a) that it was reasonable for the returning officer concerned to render the services or incur the expenses, and
(b) that the charges in question are reasonable.
(4C) The power to make orders under subsection (3) above shall be exercised by statutory instrument; and any such order may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit..
(5) The amount of any charges recoverable in accordance with this section shall be charged on and paid out of the Consolidated Fund on an account being submitted to the Treasury, but the Treasury may if they think fit, before payment, apply for the account to be taxed under the provisions of section 30 below.
(6) Where the superannuation contributions required to be paid by a local authority in respect of any person are increased by any fee paid under this section as part of a returning officer’s charges at a parliamentary election, then on an account being submitted to the Treasury a sum equal to the increase shall be charged on and paid out of the Consolidated Fund to the authority.
(7) On the returning officer’s request for an advance on account of his charges, the Treasury may, on such terms as they think fit, make such an advance.
(8) The Treasury may make regulations as to the time when and the manner and form in which accounts are to be rendered to them for the purposes of the payment of a returning officer’s charges.
(9) If the functions of the Treasury under subsection (3) above are transferred to another Minister of the Crown (as defined in section 8(1) of the Ministers of the Crown Act 1975) by an order under that Act, this section shall have effect as if it required the consent of the Treasury to the exercise of any such function.
29A Inadequate performance of returning officer: reduction of charges
(1) This section applies to a service rendered by a returning officer for or in connection with a parliamentary election in Great Britain which, in the opinion of the Electoral Commission, was inadequately performed.
(2) The Commission may recommend to the Secretary of State that the returning officer is entitled under section 29(3) to no more than a specified amount (which may be nil) in respect of that service.
(3) In making a recommendation under subsection (2), the Commission must have regard to—
(a) any report prepared under section 5 of the Political Parties, Elections and Referendums Act 2000 on the administration of the parliamentary election concerned,
(b) any assessments of the level of performance of the returning officer in relation to that election under section 9B(4) of that Act,
(c) any representations made to the Commission by the returning officer in respect of the performance of the service, and
(d) any other information relating to the performance of the service by the returning officer that has been provided to the Commission.
(4) Where the Commission makes a recommendation under subsection (2), the returning officer is entitled under section 29(3) to no more than the amount (which may be nil) determined by the Secretary of State, having regard to the recommendation by the Commission.
(1) An application for a returning officer’s account to be taxed shall be made—
(a) where the account relates to an election in a constituency in England or Wales or in Northern Ireland, to the county court,
(b) where the account relates to an election in a constituency in Scotland, to the Auditor of the Court of Session,
and in this section the expression “the court” means that court or Auditor.
(2) On any such application the court has jurisdiction to tax the account in such manner and at such time and place as the court thinks fit, and finally to determine the amount payable to the returning officer.
(3) On any such application the returning officer may apply to the court to examine any claim made by any person against him in respect of matters charged in the account; and the court, after notice given to the claimant and after giving him an opportunity to be heard and to tender any evidence, may allow or disallow or reduce the claim objected to with or without costs; and the determination of the court shall be final for all purposes and as against all persons.
(4) Any reference in this section to the county court shall be taken, in relation to Northern Ireland, as a reference to the county court having jurisdiction at the place for the delivery of nomination papers at the election in question.
31 Polling districts and stations at local government elections.
(1) For elections of county councillors in England . . ., the county council may divide an electoral division into polling districts, and may alter any polling district, and for elections of London borough or district councillors the London borough or district council may divide the London borough or district or any ward thereof into polling districts, and may alter any polling district.
(1A) For elections of county or county borough councillors in Wales, the county or county borough council may divide an electoral ward into polling districts and may alter any polling district.
(1B) For any Authority elections, a London borough council or the Common Council may divide their area into polling districts and may alter any polling district.
For the purposes of this subsection the Inner Temple and the Middle Temple shall be treated as forming part of the City.
(2) In Scotland, for elections of local authority councillors the local authority may divide an electoral ward into polling districts and may alter any polling district, . . .; but in the absence of special circumstances those polling districts shall be those which were last designated for the purpose of parliamentary elections under section 18A above.
(3) Any power to constitute polling districts for the purpose of local government elections shall be exercised so that electors from any parliamentary polling district wholly or partly within the electoral area can, in the absence of special circumstances, be allotted to a polling station within the parliamentary polling place for that district unless the parliamentary polling place is outside the electoral area.
(4), (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6), (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35 Returning officers: local elections in England and Wales.
(1) In England . . . every non-metropolitan county council shall appoint an officer of the council to be the returning officer for elections of councillors of the county and every district council shall appoint an officer of the council to be the returning officer for the elections of councillors of the district and an officer of the council to be the returning officer for elections of councillors of parishes . . . within the district.
(1A) In Wales the council of every county or county borough shall appoint—
(a) an officer of the council to be the returning officer for elections of councillors of the county or county borough; and
(b) an officer of the council to be the returning officer for elections of councillors of communities within the county or county borough.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2A) Subsections (2B) and (2C) below have effect in relation to the Greater London Authority.
(2B) The returning officer at an election of a constituency member of the London Assembly shall be such a person, or a person of such a description, as may be designated by the Secretary of State in an order made by statutory instrument.
(2C) The returning officer—
(a) at any election of the Mayor of London,
(b) at the election of the London members of the London Assembly at an ordinary election, and
(c) for the purposes of section 11 of the 1999 Act (return of London members of the London Assembly otherwise than at an election),
shall be the proper officer of the Greater London Authority.
(3) The returning officer at an election of London borough councillors shall be the proper officer of the borough.
(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The returning officer at any election mentioned in subsections (1) to (3 ) above may by writing under his hand appoint one or more persons to discharge all or any of his functions.
(5) A local government election in England and Wales is not liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at or conducting the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at or conduct the election.
(6) The council for any London borough shall place the services of its officers at the disposal of any person acting as the returning officer at an Authority election for an electoral area situated wholly or partly in the borough.
(1) Elections of councillors for local government areas in England ... shall be conducted in accordance with rules made by the Secretary of State.
(2) Rules made under this section shall apply the parliamentary elections rules in Schedule 1 to this Act, subject to such adaptations, alterations and exceptions as seem appropriate to the Secretary of State.
(2A) As regards the Greater London Authority—
(a) Authority elections, and
(b) the return of London members of the London Assembly otherwise than at an election,
shall be conducted in accordance with rules made under this subsection by the Secretary of State.
Rules made under this subsection need not comply with the requirements of subsection (2) above.
(2B) As regards lists of candidates submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members), the provision that may be made by rules under subsection (2A) above includes provision for or in connection with any of the following—
(a) the inclusion, withdrawal, addition or removal of persons;
(b) cases where a person included in such a list is or becomes, or seeks to become, an individual candidate to be a London member of the London Assembly.
(3) Where the polls at—
(a) the ordinary election of district councillors for any district ward or an election to fill a casual vacancy occurring in the office of such a councillor, and
(b) the ordinary election of parish . . . councillors for any parish . . . or an election to fill a casual vacancy occurring in the office of such a councillor,
are to be taken on the same day and the elections are for related electoral areas, the polls at those elections shall be taken together.
(3AB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3AC) Where the polls at—
(a) the ordinary election of councillors for any electoral division of a county in England in which there are no district councils or an election to fill a casual vacancy occurring in the office of such a councillor, and
(b) the ordinary election of parish councillors for any parish or an election to fill a casual vacancy occurring in the office of such a councillor,
are to be taken on the same day and the elections are for related electoral areas, the polls at those elections shall be taken together.
(3A) For the purposes of this section electoral areas are related if they are coterminous or if one is situated within the other.
(3AA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3B) Where the polls at any elections are combined under this section the cost of taking the combined polls (excluding any cost solely attributable to one election) and any cost attributable to their combination shall be apportioned equally among the elections.
(3C) The Secretary of State may by regulations make such provision as he thinks fit in connection with the combining of polls at any elections under this section including provision modifying the Representation of the People Acts in relation to such elections.
(4) All expenditure properly incurred by a returning officer in relation to the holding of an election of a councillor for a principal area in England (that is, a county, .... . . , a district or a London borough) shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council for that area, exceed that scale, be paid by that council.
(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4B) All expenditure properly incurred by a returning officer in relation to the holding of an Authority election shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the Greater London Authority, exceed that scale, be paid by the Greater London Authority.
(5) All expenditure properly incurred by a returning officer in relation to the holding of an election of a parish . . . councillor shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council of the district in which the parish . . . is situated, exceed that scale, be paid by the district council, but any expenditure so incurred shall, if the district council so require, be repaid to that council by the council of the parish . . . for which the election is held..
(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Before a poll is taken at an election of a councillor for any local government area in England ... the council of that area or, in the case of an election of a parish ... councillor, the council who appointed the returning officer shall, at the request of the returning officer or of any person acting as returning officer, advance to him such reasonable sum in respect of his expenses at the election as he may require.
(6A) Subsection (6) above shall apply in relation to an Authority election as it applies in relation to an election of a councillor for any local government area in England ..., but taking the reference to the council of the area as a reference to the Greater London Authority.
(7) Rules made under this section shall be—
(a) made by statutory instrument;
(b) subject to annulment in pursuance of a resolution of either House of Parliament.
(1) Elections of councillors for local government areas in Wales must be conducted in accordance with rules made by the Welsh Ministers.
(2) In relation to the election of councillors to a county council or a county borough council, rules under subsection (1) must—
(a) require polls to be conducted if elections are contested,
(b) establish the requirements for becoming a candidate for election,
(c) require votes at polls to be given by ballot, and
(d) provide for polls to be conducted under the voting systems authorised by sections 5 to 9 of the Local Government and Elections (Wales) Act 2021, which are a simple majority system and a single transferable vote system.
(3) In relation to the election of community councillors for a community council, rules under subsection (1) must—
(a) require polls to be conducted if elections are contested,
(b) establish the requirements for becoming a candidate for election,
(c) require votes at polls to be given by ballot, and
(d) provide for polls to be conducted under a simple majority system.
(4) Rules under subsection (1) may make any other provision for the conduct of elections of councillors for local government areas in Wales.
(5) Rules made by the Welsh Ministers may, for the purposes of, in consequence of, or for giving full effect to rules made under subsection (1), make supplementary, incidental, consequential, transitional, transitory or saving provision.
(6) Rules under subsection (5) may amend, modify, repeal or revoke any enactment (including an enactment contained in this Act).
(7) Before making rules under this section, the Welsh Ministers must consult such persons as they consider appropriate.
(8) The requirement to consult imposed by subsection (7) may be satisfied by consultation undertaken before the coming into force of this section.
(9) The power to make rules under this section—
(a) is exercisable by statutory instrument;
(b) includes power to make different provision for different purposes.
(10) A statutory instrument containing rules under this section must not be made unless a draft of the instrument has been laid before and approved by resolution of Senedd Cymru.
(1) Where the polls at—
(a) the ordinary election of councillors of a Welsh county or county borough or an election to fill a casual vacancy occurring in the office of such a councillor, and
(b) the ordinary election of community councillors or an election to fill a casual vacancy occurring in the office of such a councillor,
are to be taken on the same day and the elections are for related electoral areas, the polls at those elections must be taken together.
(2) For the purposes of this section electoral areas are related if they are coterminous or if one is situated within the other.
(3) Where the polls at any elections are combined under this section the cost of taking the combined polls (excluding any cost solely attributable to one election) and any cost attributable to their combination must be apportioned equally among the elections.
(4) The Welsh Ministers may by regulations make provision in connection with the combining of polls at any elections under this section including provision modifying the Representation of the People Acts in relation to such elections.
(5) Before making regulations under this section the Welsh Ministers must consult such persons as they consider appropriate.
(6) The requirement to consult imposed by subsection (5) may be satisfied by consultation undertaken before the coming into force of this section.
(7) The power to make regulations under this section is exercisable by statutory instrument.
(8) Regulations must not be made under this section unless a draft of the regulations has been laid before and approved by a resolution of Senedd Cymru.
36C Expenditure by returning officers at local elections in Wales
(1) All expenditure properly incurred by a returning officer in relation to the holding of an election of a councillor for a county or county borough in Wales must, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council for that area, exceed that scale, be paid by that council.
(2) All the expenditure properly incurred by a returning officer in relation to the holding of an election of a community councillor must, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council of the county or county borough in which the community is situated (“the principal council”), exceed that scale, be paid by the principal council; and if the principal council so require, any expenditure so incurred must be repaid to them by the community council.
(3) Before a poll is taken at an election of a councillor for any local government area in Wales the council of that area or, in the case of an election of a community councillor, the council who appointed the returning officer must, at the request of the returning officer (including any person acting as returning officer), advance to the officer such reasonable sum in respect of the officer’s expenses at the election as the officer may require.
(1) In every year the ordinary day of election of councillors is the same for all local government areas in England ... and is—
(a) the first Thursday in May;
(b) such other day as may be fixed by the Secretary of State by order made not later than 1st February in the year preceding the year (or, in the case of an order affecting more than one year, the first year) in which the order is to take effect.
(2) As respects Authority elections, the power conferred by subsection (1)(b) above shall include power to make an order fixing a day other than the first Thursday in May as the day on which the poll is to be held at an ordinary election other than the first.
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The power to make an order under this section is exercisable by statutory instrument.
(1) In every year the ordinary day of election of councillors is the same for all local government areas in Wales ... and unless subsection (2) applies or an order under subsection (1A) provides otherwise, is—
(a) the first Thursday in May;
(b) such other day as may be fixed by the Welsh Ministers by order ....
(1A) The Welsh Ministers may by order fix a different day to the one specified in or fixed under subsection (1) as the ordinary day of election of—
(a) councillors for one or more counties or county boroughs in Wales, or
(b) community councillors for one or more communities in Wales.
(1B) An order under subsection (1) or (1A) may fix a day for one or more years.
(2) The ordinary day of election of councillors is not the day specified in or fixed under subsection (1) or fixed under subsection (1A) if that day is the day of the poll at an ordinary general election of members of the National Assembly for Wales.
(3) Where under subsection (2) the ordinary day of election of councillors is not the day specified in or fixed under subsection (1) or fixed under subsection (1A), it is such other day as the Welsh Ministers may by order specify.
(4) The power to make an order under subsection (1)(b) or (3) is exercisable by statutory instrument.
(5) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.
(6) Before making an order under this section, the Welsh Ministers must consult—
(a) each council affected by the order,
(b) any bodies appearing to the Welsh Ministers to represent the interests of the councils affected by the order, and
(c) such other persons as the Welsh Ministers consider appropriate.
39 Local elections void etc. in England and Wales.
(1) If in England and Wales at a local government election, other than an election for the return of the London members of the London Assembly,—
(a) the poll is countermanded or abandoned for any reason, or
(b) no person is or remains, or an insufficient number of persons are or remain, validly nominated to fill the vacancy or vacancies in respect of which the election is held,
the returning officer . . . shall order an election to fill any vacancy which remains unfilled to be held on a day appointed by him.
That day shall be within the period of 35 days (computed acccording to section 40 below) beginning with the day fixed as the day of election for the first mentioned election.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) If for any other reason an election to an office under the Local Government Act 1972 or the 1999 Act . . . , other than that of chairman of a parish or community council or parish meeting or parish or community councillor, is not held on the appointed day or within the appointed time, or fails either wholly or in part or becomes void, the High Court may order an election to be held on a day appointed by the court.
(3) The High Court may order that the costs incurred by any person in connection with proceedings under subsection (2) above shall be paid by the local authority concerned.
(4) In a case not falling within subsection (1) above—
(a) if any difficulty arises with respect to an election of parish or community councillors or of an individual parish or community councillor, or to the first meeting of a parish or community council after an ordinary election of parish or community councillors, or
(b) if a parish or community council is not properly constituted because an election is not held or is defective or for any other reason,
the district council or Welsh county or county borough council—
(i) may by order make any appointment or do anything which appears to them necessary or expedient for the proper holding of such an election or meeting and properly constituting the council, and
(ii) may, if it appears to them necessary, direct the holding of an election or meeting and fix the date for it.
(5) Where an election is ordered to be held under this section—
(a) rules under section 36 or section 36A above relating to the notice to be given of an election and the manner in which an election is to be conducted apply in relation to the election so ordered to be held as they applied or would have applied in relation to the election which has not been duly held or has failed or become void;
(b) no fresh nomination is necessary in the case of a candidate who remains validly nominated for that election.
(6) An order made—
(a) under this section may include such modifications of the provisions of—
(i) this Part of this Act (and the rules under section 36 or section 36A), and
(ii) the Local Government Act 1972 or the 1999 Act . . . ,
as appear to the High Court, or, as the case may be, the district council or Welsh county or county borough council, necessary or expedient for carrying the order into effect;
(b) by a . . . council under subsection (4) above with respect to an election of parish or community councillors may modify the provisions of—
(i) this Act (and the rules with respect to such elections under section 36 or section 36A); and
(ii) any other enactment relating to such elections.
(7) In the case of a common parish council under which are grouped, by virtue of section 11(5) of the Local Government Act 1972 (grouping of parishes), parishes situated in different districts, references in subsections (4) and (6) above to the district council shall be construed as references to the council of the district in which there is the greater number of local government electors for the parishes in the group.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) If a municipal election in a London borough is not held on the appointed day or within the appointed time or becomes void, the municipal corporation shall not thereby be dissolved or be disabled from acting.