Citation, commencement and extent

1. —(1) This Order may be cited as the Police and Crime Commissioner Elections (Amendment) Order 2022.

(2) This Order comes into force on the day after the day on which it is made.

(3) This Order extends to England and Wales.

Amendment of the Police and Crime Commissioner Elections Order 2012

2. —(1)The Police and Crime Commissioner Elections Order 2012( 3 ) is amended as follows.

(2) In article 31 (payment of candidate election expenses through election agent) in paragraph (4)—

(a) omit the “or” after sub-paragraph (c);

(b) after that sub-paragraph insert—

“ (ca) any expenses incurred on account of any matter falling within article 34(1) by a person authorised as mentioned in that provision; or ” .

(3) In article 51 (property, goods, services etc provided free of charge or at a discount), after paragraph (1) insert—

“ (1A) For the purposes of paragraph (1)(b), property, goods, services or facilities is or are made use of on behalf of a candidate only if their use on behalf of the candidate is directed, authorised or encouraged by the candidate or the candidate’s election agent. ” .

(4) In paragraph 15(6) of Part 2 of Schedule 2 (absent voting in PCC elections)—

(a) omit the “or” after paragraph (c);

(b) after paragraph (d) insert—

“ or,

(e) the application states that the applicant is in receipt of one of the following benefits (payable in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018 ( 4 ) ) because of the disability specified in the application—

(i) the higher rate of the mobility component of disability assistance for children and young people, or

(ii) the enhanced rate of the mobility component of disability assistance for working age people. ” .

(5) In paragraph 15 of Part 3 of Schedule 7 (candidate election expenses: supplemental)—

(a) after sub-paragraph (1)(b), insert—

“ (c) guidance relating to the application of Part 3 of this Order in relation to expenses incurred for the purposes of a candidate’s election (whether or not election expenses). ” ;

(b) in sub-paragraph (7)(b), after “order” insert “made by statutory instrument” ;

(c) after sub-paragraph (11) insert—

“ (12) For the purposes of section 1 of the Statutory Instruments Act 1946 ( 5 ) (definition of “statutory instrument”), the power to make an order which is conferred by sub-paragraph (7)(b) is to be taken to be conferred by an Act of Parliament. ” .

Savings Provisions

3. —(1) The amendment made by article 2(2) does not have effect in relation to expenses incurred before the day on which this Order comes into force.

(2) The amendment made by article 2(3) does not have effect in relation to property, goods, services or facilities made use of on behalf of the candidate before the day on which this Order comes into force.

(3) The amendment made by article 2(4) does not have effect in relation to an application for the appointment of a proxy in respect of a particular PCC election made before the day on which this Order comes into force.