Guidance for Candidates and Agents at Combined Authority Mayoral elections

Apart from meeting the qualifications for standing for election, you must also not be disqualified.

The full range of disqualifications is complex and if you are in any doubt about whether you are disqualified, you must do everything you can to check that you are not disqualified before submitting your nomination papers.

You must be sure that you are not disqualified as you will be asked to sign one of the required nomination papers to confirm that you are not disqualified. 

It is a criminal offence to make a false statement on your nomination papers as to your qualification for being elected, so if you are in any doubt you should contact your employer, consult the legislation or, if necessary, take your own independent legal advice.

The Combined Area Returning Officer will not be able to confirm whether or not you are disqualified.

If you are in any doubt, you should seek your own independent legal advice.

There are certain people who are disqualified from being elected to a combined authority in England. You cannot be a candidate if at the time of your nomination and on polling day:

• You work for the combined authority, a constituent council or a parish wholly or partly included in the combined authority area.1
  You will be disqualified if you are employed by or on behalf of the combined authority or a constituent council, hold a paid office under the combined authority or a constituent council, are employed in an organisation that is under the control of a constituent council, or work for a parish council in the combined authority area.

  Note that you may be ‘employed by or on behalf of the combined authority or a constituent council’ if, for example, you work at certain schools, fire services or health services. This list is not exhaustive and more information is set out in our guidance Working for the combined authority, a constituent council or a parish council.

• You hold a politically restricted post.2 More information is set out in our guidance Politically restricted post.
• You are the subject of a bankruptcy restrictions order or interim order.3  More information is set out in our guidance Bankruptcy restrictions or interim order.
• You have ever been convicted of an imprisonable offence. This disqualification applies even if you were not actually imprisoned for that offence, or the conviction has been spent4 and the ordinary period allowed for making an appeal or applications in respect of the conviction has passed. A person who is in the process of making an appeal or application in relation to the conviction is not disqualified at any time before the end of the day on which the appeal or application is disposed of, abandoned or fails by reason of non-prosecution.5
• You have been disqualified under the Representation of the People Act 1983 (which covers corrupt or illegal electoral practices and offences relating to donations). The disqualification for an illegal practice begins from the date a person has been reported guilty by an election court or convicted and lasts for three years. The disqualification for a corrupt practice begins from the date a person has been reported guilty by an election court or convicted and lasts for five years6 unless at any time within that period a court determines that the conviction should not be upheld, in which case the disqualification ends at that time.7
• You are subject to the notification requirement of or under Part 2 of the Sexual Offences Act 2003, and the ordinary period allowed for making an appeal or application in respect of the order or notification has passed.8 A disqualification set under para. 9A in Schedule 5B of the Local Democracy, Economic Development and Construction Act 2009 will only apply to a person who is subject to any relevant notification requirements or relevant order made on or after 28 June 2022. A person who is in the process of making an appeal or application in relation to the disqualification is not disqualified at any time before the end of the day on which the appeal or application is disposed of, abandoned or fails by reason of non-prosecution.9
• You have been nominated as a candidate at a Police and Crime Commissioner election taking place on the same day for a police area that is not part of the relevant combined authority area.
• You are a Police and Crime Commissioner for any police area that is not part of the relevant combined authority area.
• You are a police officer or are directly or indirectly employed by the police. More information is set out in our guidance Working for the Police
• You are the London Fire Commissioner or a member of staff of the London Fire Commissioner10
• You are disqualified under certain provisions of the House of Commons Disqualification Act 1975, (as amended), if you are a civil servant, a member of the armed forces or hold any judicial office specified in Part 1 of Schedule 1 of the House of Commons Disqualification Act 1975 (as amended).
• You are a member of the legislature of any country or territory outside the UK.
• You have been convicted of an intimidatory criminal offence motivated by hostility towards a candidate, future candidate or campaigner or holder of a relevant elective office. The effect of a disqualification order is that the person will be disqualified from standing for, being elected to, and holding any relevant elective office for five years.   

A person is also disqualified from being elected in an area where the Combined Authority Mayor take on the Police, Fire and Crime Commissioner role, if they are employed by the fire and rescue authority.11

A person may be disqualified from being or becoming a member of certain authorities following a conviction under the Localism Act 2011.12