Combined Guidance for Returning Officers at Local Government and Police and Crime Commissioner Elections in England

This guidance is based on, and should be read in accordance with, the requirements set out in the following legislation (as amended):

• Local Government Act 1972
• Representation of the People Acts 1983, 1985 and 2000
• Political Parties, Elections and Referendums Act 2000
• Local Government Act 2000
• Representation of the People (England and Wales) Regulations 2001
• Representation of the People (Combination of Polls) (England and Wales) Regulations 2004
• Local Elections (Principal Areas) (England and Wales) Rules 2006
• Electoral Administration Act 2006
• Local Elections (Parishes and Communities) (England and Wales) Rules 2006
• Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007
• Political Parties and Elections Act 2009
• Local Democracy, Economic Development and Construction Act 2009
• Police Reform and Social Responsibility Act 2011
• Local Authorities (Conduct of Referendums) (England) Regulations 2012
• The Police and Crime Commissioner Elections Order 2012
• The Police and Crime Commissioner Elections (Functions of Returning Officers) Regulations 2012
• The Police and Crime Commissioner (Disqualification) (Supplementary Provisions) Regulations 2012
• Electoral Registration and Administration Act 2013
• The Police and Crime Commissioner Elections (Designation of Local Authorities) Order 2015
• The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015
• The Police and Crime Commissioner Elections (Returning Officers’ Accounts) (Amendment) Regulations 2016 
• The Police and Crime Commissioner Elections (Local Returning Officers’ and Police Area Returning Officers’ Charges) Order 2016 
• The Combined Authorities (Mayoral Elections) Order 2017
• Elections Act 2022
• Local Elections (Principal Areas) (England and Wales) (Amendment) (England) Rules 2022
• The Voter Identification Regulations 2022
• The Assistance with Voting for Persons with Disabilities (Amendments) Regulations 2022
• The Assistance with Voting for Persons with Disabilities (Principal Area, Parish and Greater London Authority Elections) (Amendments) Regulations 2022
• Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2022
• Combined Authorities (Mayoral Elections) (Amendment) Order 2022
• Police and Crime Commissioner Elections and Welsh Forms (Amendment) Order 2022 
• Police and Crime Commissioner Elections (Designations etc.) (Amendment) Order 2022

The list above includes only the legislation that makes provision in areas that this guidance relates to and that is currently in force.

Data protection legislation applies to the processing of all personal data. ROs are personally responsible for ensuring that they comply with the requirements of data protection legislation. We have published guidance to support you in meeting your obligations under data protection legislation as it relates to your electoral administration responsibilities.

You are also required to have regard to the public sector equality duty contained in Section 149 of the Equality Act 2010 when carrying out your duties.

As RO you are also required to have regard to the Electoral Commission's guidance on accessibility.

Terminology

In this guidance the term ward should be read as electoral division in elections for unitary and county councils. The term ‘electoral area’ should be read as ‘voting area’ for the purposes of the PCC election. The voting area at a PCC election in England is the local authority area. The ‘police area’ is the area covered by the police force.