Combined Authority and Combined County Authority Returning Officer guidance for Combined Authority Mayoral elections

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Relevant Legislation

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

  • Representation of the People Acts 1983, 1985 and 2000
  • Political Parties, Elections and Referendums Act 2000
  • Representation of the People (England and Wales) Regulations 2001
  • Electoral Administration Act 2006
  • Local Democracy, Economic Development and Construction Act 2009
  • Police Reform and Social Responsibility Act 2011 (applicable only where the Combined [County] Authority Mayor take on the PCC functions)
  • Electoral Registration and Administration Act 2013
  • The Combined Authorities (Mayoral Elections) Order 2017
  • The Combined Authorities (Mayoral Elections) Amendment Order 2022
  • The Elections Act 2022
  • Voter Identification Regulations 2022
  • The Assistance with Voting for Persons with Disabilities (Amendments) Regulations 2022
  • Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023
  • The Levelling-up and Regeneration Act 2023
  • The Combined Authorities (Mayoral Elections) Order 2017 (Amendment) Regulations 2024

Where the poll at a combined authority mayoral election has been combined with the poll at a local election, you will also need to have regard to the following (as amended):

  • Local Government Acts of 1972 and 2000
  • Representation of the People (Combination of Polls) (England and Wales) Regulations 2004
  • Local Elections (Principal Areas) (England and Wales) Rules 2006
  • Local Elections (Parishes and Communities) (England and Wales) Rules 2006
  • Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007

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

Data protection legislation applies to the processing of all personal data. CARO/CCAROs 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.

Terminology

In this guidance we use the term ‘local Returning Officer’ or ‘local RO’ to refer to the local government Returning Officer for a constituent council of the combined authority or combined county authority area who will be responsible for administering the election at a local level. 

A constituent council at a combined authority mayoral election

A constituent council at a combined authority mayoral election is defined as either a county council for an area within the area of the combined authority or a district council whose area is within the area of the combined authority.1

In areas where there is both a county council and a district council, the election will be administered at district level and the local RO will be RO for the district.3

A constituent council at a combined county authority mayoral election

A constituent council at a combined county authority mayoral election is defined as either a county council for an area within the combined county authority area or a unitary district council for an area within the combined county authority area.2

In areas where there is a county council or a unitary district council, the election will be administered at council level and the local RO will be RO for the council.3

In areas where there is both a county council and a unitary district council, the election will be administered at district level and the local RO will be RO for the district.4

Combination of polls

Where local government, Police and Crime Commissioner and combined authority mayoral and polls are combined, the powers of the PARO generally have primacy over those of the CARO. A direction received from the PARO should be given priority over a direction given by the CARO.

Local government elections and possibly neighbourhood planning referendums and council tax referendums could be taking place on the same day as the combined authority mayoral election in some or all parts of the combined authority area. There could also be unexpected or unscheduled election combined with the election. Effective co-operation between the different Returning Officers across the combined authority area will be vital. In particular, combination presents particular challenges in respect of voter information and the complexity of the verification and count.

Diweddarwyd ddiwethaf: 9 Ebrill 2024