Citation, commencement, extent and interpretation

1.—(1) This Order may be cited as the Returning Officers (Parliamentary Constituencies) (England and Wales) Order 2023.

(2) This Order comes into force—

(a) for the purposes of proceedings preliminary or relating to a parliamentary election to be held after the issue of a proclamation by His Majesty summoning a new Parliament, on 1st December 2023;

(b) for all other purposes, on the issue of a proclamation by His Majesty summoning a new Parliament.

(3) This Order extends to England and Wales.

(4) References to constituencies in this Order are references to those constituencies in England or Wales constituted by an Order in Council made under section 4 of the Parliamentary Constituencies Act 1986( 3).

Designation of returning officers for borough constituencies: England and Wales

2.—(1) In the case of a borough constituency listed in the first column of the Table in each of Parts 1, 2 and 4 to 9 of Schedule 1 (being a constituency in England which is not coterminous with or wholly contained in a district), the returning officer for a parliamentary election is the chairman of the council listed in the second column of that Table opposite to the name of the constituency.

(2) In the case of a borough constituency listed in the first column of the Table in Part 3 of Schedule 1 (being a constituency which is situated partly in one London borough and partly in another), the returning officer for a parliamentary election is—

(a) where a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive( 4), the chairman of the council of the London borough listed in the second column of that Table opposite to the name of the constituency, and

(b) in any other case, the mayor of the London borough referred to in sub-paragraph (a).

(3) In the case of the Cardiff North (Gogledd Caerdydd), Cardiff South and Penarth (De Caerdydd a Phenarth) and Cardiff West (Gorllewin Caerdydd) constituencies (each being a borough constituency in Wales which is not coterminous with or wholly contained in a county or county borough), the returning officer for a parliamentary election is the chairman of the City and County of Cardiff Council.

Designation of returning officers for county constituencies: England and Wales

3.—(1) In the case of a county constituency listed in the second column of the Table in Part 1 of Schedule 2 (being a constituency in England which is not coterminous with or wholly contained in a county, as defined by section 38 of the Sheriffs Act 1887( 5)), the returning officer for a parliamentary election is the sheriff of the county listed in the third column of that Table opposite to the name of the constituency.

(2) In the case of a county constituency listed in the first column of the Table in Part 2 of Schedule 2 (being a constituency in Wales which is not coterminous with or wholly contained in a preserved county, as defined by section 64(1) of the Local Government (Wales) Act 1994( 6)), the returning officer for a parliamentary election is the sheriff of the county listed in the second column of that Table opposite to the name of the constituency.

Designation of acting returning officers at parliamentary elections: England and Wales

4.—(1) In the case of a county constituency in England listed in the first column of the Table in each of Parts 1 to 8 of Schedule 3, the duties of the returning officer for a parliamentary election are to be discharged, as acting returning officer, by the registration officer appointed by the council listed in the second column of that Table opposite to the name of the constituency.

(2) In the case of a county constituency in Wales listed in the first column of the Table in Part 9 of Schedule 3, the duties of the returning officer for a parliamentary election are to be discharged, as acting returning officer, by the registration officer appointed by the county or county borough council listed in the second column of that Table opposite to the name of the constituency.

Revocations

5.  The following are revoked—

(a) the Returning Officers (Parliamentary Constituencies) (Wales) Order 2007( 7);

(b) the Returning Officers (Parliamentary Constituencies) (England) Order 2007( 8).

Article 2

SCHEDULE 1 Returning officers for certain borough constituencies: England

PART 1 Borough constituencies in the East Midlands region

PART 2 Borough constituencies in the Eastern region

PART 3 Borough constituencies in the London region

PART 4 Borough constituencies in the North East region

PART 5 Borough constituencies in the North West region

PART 6 Borough constituencies in the South East region

PART 7 Borough constituencies in the South West region

PART 8 Borough constituencies in the West Midlands region

PART 9 Borough constituencies in the Yorkshire and the Humber region

Article 3

SCHEDULE 2 Returning officer for certain county constituencies

PART 1 County constituencies in England

PART 2 County constituencies in Wales

Article 4

SCHEDULE 3 Acting returning officer for certain county constituencies: England and Wales

PART 1 County constituencies in the East Midlands region

PART 2 County constituencies in the Eastern region

PART 3 County constituencies in the North East region

PART 4 County constituencies in the North West region

PART 5 County constituencies in the South East region

PART 6 County constituencies in the South West region

PART 7 County constituencies in the West Midlands

PART 8 County constituencies in the Yorkshire and the Humber region

PART 9 County constituencies in Wales

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the designation of returning officers and acting returning officers in certain constituencies in England and Wales, where the returning officer or acting returning officer is not prescribed by section 24(1) or section 28(1) of the Representation of the People Act 1983 (c. 2). The Order is in consequence of the new parliamentary constituency boundaries in England and Wales set out in the Parliamentary Constituencies Order 2023 ( S.I. 2023/1230).

This Order does not come fully into force until the next parliamentary general election is called.

Article 2 and Schedule 1 designate returning officers for borough constituencies in England and Wales that cross certain local authority boundaries.

Article 3 and Schedule 2 designate the returning officers for county constituencies in England and Wales that cross county boundaries.

Article 4 and Schedule 3 designate acting returning officers for certain county constituencies in England and Wales.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.