Guidance for Returning Officers administering Local Government Elections in England
Returning Officer appointment
Every district, county, unitary and metropolitan council is required to appoint an officer of the council to be the RO for the election of councillors to their local authority.1
In practice, at county council elections, some county ROs will designate a deputy at each district council within the county area to carry out their functions. The appointed deputy RO will normally be the RO for local government elections for that particular district.
The RO at an election of London borough councillors is the proper officer of the borough.2
Different election types
Every district council must appoint an officer of the council to be the RO for any elections of councillors of parishes within the district.3 This may be the same person as the RO for principal area elections, but does not need to be.
The person appointed as the RO for principal area elections will be the RO for any mayoral elections in the local authority (i.e. the person appointed as the RO for the election of principal area councillors is also the RO for election of a mayor).4
Combined Authority Returning Officer
Each combined authority must appoint one of its officers, or one of the officers of a constituent council, to be the Combined Authority Returning Officer (CARO) in relation to the election.5
Each constituent council must appoint an officer of the council to be the local RO for the combined authority mayoral election. Where both a district council and a county council are constituent councils for the same area of the combined authority, the requirement to appoint an officer of the council to be the local RO only applies to the district council.6
Combined County Authority Returning Officer
Each combined county authority must appoint one of its officers, or one of the officers of a constituent council, to be the Combined County Authority Returning Officer (CCARO) in relation to the election.7
Each constituent council must appoint an officer of the council to be the local RO for the combined county authority mayoral election.
In areas where there is a county council or a unitary district council, the requirement to appoint an officer of the council to be the local RO only applies to the council.8
In areas where there is both a county council and a unitary district council, the requirement to appoint an officer of the council to be the local RO only applies to the district council.9
The CARO/CCARO is responsible for the overall conduct of the combined authority mayoral election, and for liaising with and co-ordinating the work of ROs within the combined authority. The CARO/CCARO will also have specific responsibilities for the election, including administering the nomination process and calculating and declaring the result. We have developed separate guidance to support CARO/CCAROs.
At a mayoral referendum, the referendum is the responsibility of the Counting Officer (CO) who is the RO for principal area elections (i.e. the person appointed as the RO for the election of principal area councillors is also the CO for mayoral referendums).10
Insurance
As you are personally liable for the conduct of the election you should ensure that you have insurance cover and that it is up-to-date. You should be prepared to demonstrate robust planning and decision-making processes in the event of any challenge to the election and a claim against the insurance policy.
The team at your council dealing with insurance may be able to help determine what existing cover is in place and available, and to provide advice as to whether it should be extended.
- 1. Section 35(1) Representation of the People Act 1983 (RPA 1983) ↩ Back to content at footnote 1
- 2. S. 35(3) RPA 1983 ↩ Back to content at footnote 2
- 3. S. 31(1) and (1A) RPA 1983 ↩ Back to content at footnote 3
- 4. Regulation 2 Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (LAM Rules 2007) ↩ Back to content at footnote 4
- 5. Article 6(1) Combined Authorities (Mayoral Elections) Order 2017 (CAM Order 2017) ↩ Back to content at footnote 5
- 6. Art 2 and 5 CAM Order 2017. ↩ Back to content at footnote 6
- 7. Article 6A(1) Combined Authorities (Mayoral Elections) Order 2017 (CAM Order 2017) (as amended by The Combined Authorities (Mayoral Elections) Order 2017 (Amendment) Regulations 2024) ↩ Back to content at footnote 7
- 8. Section 35(2D) and (2E), Representation of the People Act 1983 (as inserted by paragraph 1(5)(2FA), Schedule 2, 2017 Order (as amended)). ↩ Back to content at footnote 8
- 9. Section 35(2D) and (2E), Representation of the People Act 1983 (as inserted by paragraph 1(5)(2FB), Schedule 2, 2017 Order (as amended)). ↩ Back to content at footnote 9
- 10. Regulation 9, Local Authorities (Conduct of Referendums)(England) Regulations 2012 (CRR 2012) ↩ Back to content at footnote 10