Draft Order laid before Parliament under section 154(2)(b) of the Police Reform and Social Responsibility Act 2011, for approval by resolution of each House of Parliament.
Draft Statutory Instruments
2021 No. 0000
Police, England And Wales
The Police and Crime Commissioner Elections (Welsh Forms) Order 2021
Made
***
Coming into force
***
The Minister for the Cabinet Office, in exercise of the powers conferred by section 58(1)(a) (as extended by section 26(3) of the Welsh Language Act 1993(1)) and section 154(5) of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”)(2), makes the following Order.
In accordance with section 7(1) and (2)(hc) of the Political Parties, Elections and Referendums Act 2000(3), the Minister for the Cabinet Office has consulted the Electoral Commission before making this Order.
In accordance with section 154(2)(b) of the 2011 Act, a draft of this Order has been laid before and approved by a resolution of each House of Parliament.
Citation, commencement and application
1.—(1) This Order may be cited as the Police and Crime Commissioner Elections (Welsh Forms) Order 2021.
(2) This Order comes into force the day after the day on which it is made.
(3) Articles 2 to 5 apply to an election of a police and crime commissioner in Wales.
Interpretation
2. In this Order—
“the 2012 Order” means the Police and Crime Commissioner Elections Order 2012(4);
“PCC election” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011;
“the PCC elections rules” means the rules set out in Parts 1 to 7 of Schedule 3 to the 2012 Order.
Welsh versions of forms of words
3.—(1) The form of words set out in Part 1A of Schedule 1 is prescribed as the Welsh version of the form of words referred to in Table 1a, which is to be used at a PCC election in Wales alongside the corresponding English version.
Table 1a
| Form of words | English version in the 2012 Order |
|---|---|
| Notice for the guidance of voters where there are three or more candidates | Words in quotation marks in rule 30(1)(a)(i) of the PCC elections rules Words in quotation marks in rule 30(3A)(a) of the PCC elections rules, as modified by paragraph 25 of Schedule 4 |
(2) The form of words set out in Part 1B of Schedule 1 is prescribed as the Welsh version of the form of words referred to in Table 1b, which is to be used at a PCC election in Wales alongside the corresponding English version.
Table 1b
| Form of words | English version in the 2012 Order |
|---|---|
| Notice for the guidance of voters where there are two candidates only | Words in quotation marks in rule 30(1)(a)(ii) of the PCC elections rules Words in quotation marks in rule 30(3A)(b) of the PCC elections rules, as modified by paragraph 25 of Schedule 4 |
(3) The form of words set out in Part 2 of Schedule 1 is prescribed as the Welsh version of the form of words specified in the table in paragraph (1) of rule 37 (questions to be put to voters) of the PCC elections rules, which is to be available for use (and used if preferred by a voter) at a PCC election in Wales as an alternative to the corresponding English version.
Welsh versions of forms
4. Each of the forms listed in Table 2 and set out in Welsh in Schedule 2 in the same order as listed in Table 2 is prescribed as the Welsh version of the form, which is to be available for use (and used if preferred by the person completing the form) at a PCC election in Wales in place of the corresponding English version.
Table 2
| Form | English version in the 2012 Order |
|---|---|
| Form 7 (consent to nomination) | Referred to in rule 8(b) of Part 2 of, and set out in Part 8 of, the PCC elections rules |
| Form 17 (certificate as to employment on duty on the day of the poll) | Referred to in rule 34(4)(b) of, and set out in Part 8 of, the PCC elections rules |
| Form 18 (declaration to be made by companion of a voter with disabilities) | Referred to in rule 41(4)(a) of, and set out in Part 8 of, the PCC elections rules |
| Form 24 (return of expenses incurred in support of a candidate) | Referred to in article 34(7), and set out in Schedule 6 |
| Form 25 (declaration of expenses incurred in support of a candidate) | Referred to in article 34(7), and set out in Schedule 6 |
| Form 26 (election agent’s declaration as to election expenses) | Referred to in article 41(1), and set out in Schedule 6 |
| Form 27 (candidate’s declaration as to election expenses) | Referred to in article 41(2), and set out in Schedule 6 |
| Form 28 (declaration as to election expenses by candidate who is his or her own election agent) | Referred to in article 41(5), and set out in Schedule 6 |
| Form 29 (form in which election address to be submitted) | Referred to in paragraph 4(1)(a) of Schedule 8, and set out in Part 2 of that Schedule |
Welsh and English versions of forms
5. Each of the forms listed in Table 3 and set out in bilingual (Welsh and English) form in Schedule 3 in the same order as listed in Table 3 is prescribed as the Welsh and English version of the form, which is to be used at a PCC election in Wales in place of the corresponding English version.
Table 3
| Form | English version in the 2012 Order |
|---|---|
| Form 1 (proxy paper) | Referred to in paragraph 5(5) of Schedule 2, and set out in Part 4 of that Schedule |
| Form 2 (postal voting statement where PCC election taken alone) | Referred to in paragraph 30(2) and (6)(a) of Schedule 2, and set out in Part 4 of that Schedule |
| Form 4 (postal voting statement where polls are combined but proceedings on issue and receipt of postal ballot papers are not combined) | Referred to in paragraph 30(5) and (6)(a) of Schedule 2, and set out in Part 4 of that Schedule |
| Form 5 (statement of the number of postal ballot papers issued) | Referred to in paragraph 59(1)(b) of Schedule 2, and set out in Part 4 of that Schedule |
| Form 9 (corresponding number list for issue of postal ballot papers at a PCC election) | Referred to in rule 20(2) of, and set out in Part 8 of, the PCC elections rules |
| Form 10 (corresponding number list for use in polling station at a PCC election) | Referred to in rule 20(3) of, and set out in Part 8 of, the PCC elections rules |
| Form 11 (official poll card) | Referred to in rule 28(1)(a) of, and set out in Part 8 of, the PCC elections rules |
| Form 12 (official postal poll card) | Referred to in rule 28(1)(b) of, and set out in Part 8 of, the PCC elections rules |
| Form 13 (official proxy poll card) | Referred to in rule 28(1)(c) of, and set out in Part 8 of, the PCC elections rules |
| Form 14 (official postal proxy poll card) | Referred to in rule 28(1)(d) of, and set out in Part 8 of, the PCC elections rules |
| Form 16 (notice for guidance of voters for exhibition inside and outside polling station) | Referred to in rule 30(1)(b) of, and set out in Part 8 of, the PCC elections rules |
Name
Minister for the Constitution and Devolution
Cabinet Office
Date
Article 3
SCHEDULE 1Welsh versions of forms of words
PART 1ANotice for the guidance of voters – Welsh version of the form of words where there are three or more candidates
PART 1BNotice for the guidance of voters – Welsh version of the form of words where there are two candidates only
PART 2Welsh version of questions to be put to voters
Article 4
SCHEDULE 2Welsh versions of prescribed forms
Article 5
SCHEDULE 3Welsh and English versions of prescribed forms
EXPLANATORY NOTE
(This note is not part of the Order)
This Order prescribes forms, and forms of wording, for use at a police and crime commissioner (“PCC”) election taking place in Wales. The Welsh versions of the forms of words prescribed by article 3, the Welsh versions of the forms prescribed by article 4, and the Welsh and English versions of the forms prescribed by article 5 are translations of corresponding English wording that is contained in the Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917). The Welsh versions are to be available for use in any election of police and crime commissioners which takes place in Wales.
In Schedule 1, Part 1A sets out the Welsh version of the notice for the guidance of voters that is appropriate for use in a case where there are three or more candidates standing in the election, and Part 1B sets out the Welsh version of the notice for the guidance of voters that is appropriate for use in a case where there are only 2 candidates standing in the election.
Part 2 of Schedule 1 sets out the Welsh version of the questions to be put to voters. The effect of article 3(2) is that the Welsh version is to be used for any voter who prefers to communicate in Welsh rather than English.
Article 4 and Schedule 2 prescribe forms in Welsh only, which are to be used where the person completing the form prefers to communicate in Welsh rather than English.
Article 5 and Schedule 3 prescribe forms in Welsh and English, which are to be used in this bilingual form in place of the English only versions.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. An Explanatory Memorandum has been published alongside this Order on www.legislation.gov.uk.
2011 c. 13. Section 58 of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”) was amended by S.I. 2014/268, 2015/1526, 2016/997 and 2018/1310. Section 154(5) was amended by S.I. 2014/268 and 2016/997.
2000 c. 41; section 7(2)(hc) was inserted by paragraph 11 of Schedule 10 to the 2011 Act.
S.I. 2012/1917, as amended by S.I. 2014/921 and 2016/300; there are other amending instruments but none is relevant.
- The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023
- The African Development Bank (Sixteenth Replenishment of the African Development Fund) Order 2023
- The Castle Point (Electoral Changes) Order 2023
- The Harlow (Electoral Changes) Order 2023
- The Electricity and Gas (Energy Company Obligation) Order 2023