Guidance for Police Area Returning Officers administering a Police and Crime Commissioner election in England and Wales

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Relevant legislation

This guidance has been produced taking account of, 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
  • Government of Wales Acts 1998 and 2006
  • Political Parties, Elections and Referendums Act 2000
  • Representation of the People (England and Wales) Regulations 2001
  • Representation of the People (Combination of Polls) (England and Wales) Regulations 2004
  • Electoral Administration Act 2006
  • The Local Elections (Principal Areas) (England and Wales) Rules 2006
  • The Local Elections (Parish and Communities) (England and Wales) Rules 2006
  • The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007
  • Political Parties and Elections Act 2009
  • Police Reform and Social Responsibility Act 2011
  • The Local Authorities (Conduct of Referendums) (England) Regulations 2012
  • The Neighbourhood Planning (Referendums) 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 Elections (Designation of Local Authorities) (No.2) Order 2012
  • The Police and Crime Commissioner (Disqualification) (Supplementary Provisions) Regulations 2012
  • The Police and Crime Commissioner Elections (Returning Officers’ Accounts) Regulations 2012
  • The Police and Crime Commissioner Elections (LROs’ and Police Area Returning Officers’ Charges) Order 2012
  • The Police and Crime Commissioner Elections (Welsh Forms) Order 2012
  • Electoral Registration and Administration Act 2013
  • The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015
  • Electoral Administration Act 2022
  • Voter Identification Regulations 2022
  • The Assistance with Voting for Persons with Disabilities (Amendments) Regulations 2022
  • Police and Crime Commissioner Elections and Welsh Forms (Amendment) Order 2022
  • Police and Crime Commissioner Elections (Designations etc.) (Amendment) Order 2022
  • Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023 

The list above includes only the legislation which currently applies and that is directly relevant to this guidance. We expect further legislation to provide for amended conduct regulations, designation of PAROs and fees and charges.

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

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

PAROs in Wales must also have regard to the Welsh Language Act 1993 and the Welsh Language (Wales) Measure 2011, which require services in Wales to be delivered equally in English and in Welsh. 

Terminology

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

A constituent council at a PCC election is defined as either a county council that is wholly or partly within the police area or a district council that is within the police area.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.2

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

Where local government, Police and Crime Commissioner and Combined Authority mayoral polls are combined, the powers of the LRO and the powers of the PARO will, in certain respects, have primacy over those of the CARO.

Last updated: 9 November 2023