Guidance for Returning Officers administering Local Government Elections in England

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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):

  • 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
  • Local Authorities (Conduct of Referendums) (England) Regulations 2012
  • Electoral Registration and Administration Act 2013
  • 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
  • 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

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.

In the case of a parish that is unwarded, ward should be read as parish. 

At a local authority mayoral election or referendum the electoral area is the whole of the local authority area. 

The legislation defines the electoral area at a combined authority or combined county authority mayoral election as the whole of the combined authority or combined county authority area. 

At combined authority mayoral elections, 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.1

At combined county authority mayoral elections, 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 council2  and 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.3

 

Last updated: 14 March 2024