Greater London Authority Act 1999

Franchise, conduct of elections etc E+W+S

17 Franchise, conduct of elections etc. E+W+S

Schedule 3 to this Act (which, by amending the Representation of the People Acts, makes provision for and in connection with treating elections under this Act as local government elections for the purposes of those Acts) shall have effect.

[F1 17A Free delivery of election addresses. E+W+S

(1) Each candidate at the first election of the Mayor shall be entitled (subject to and in accordance with the provisions of Schedule 3A to this Act) to have an election address prepared on behalf of the candidate included in a booklet of election addresses—

(a) prepared by the Greater London returning officer; and

(b) sent by that officer, by post, to each elector in Greater London.

(2) In subsection (1) above elector, in relation to the election mentioned in that subsection—

(a) means a person who is registered in the register of local government electors for an electoral area in Greater London on the last day for publication of notice of the election; and

(b) includes a person then shown in any such register [F2 (or, in the case of a person who has an anonymous entry in any such register, in the record of anonymous entries for that electoral area)] as below voting age if (but only if) it appears from the register [F3 (or from the record)] that he will be of voting age on the day fixed for the poll.

[F4 (2A) In subsection (2)(b), “anonymous entry” and “record of anonymous entries” have the meaning given in section 202(1) of the Representation of the People Act 1983.]

(3) The Secretary of State F5 ... may by order make such provision as he considers appropriate for and in connection with enabling candidates—

(a) at ordinary elections other than the first such election, or

(b) at elections to fill vacancies in the office of Mayor or Assembly member,

to have their election addresses (within the meaning of the order) delivered, at the Authority’s expense, by [F6 a universal service provider (within the meaning of the [F7 Part 3 of the Postal Services Act 2011])] or by any other means specified in the order.

(4) Without prejudice to the generality of subsection (3) above, an order under that subsection may make provision—

(a) for free delivery of election addresses to be available under the order only in the case of any specified description of election falling within paragraph (a) or (b) of that subsection or within section 2(7) above;

(b) for enabling the Authority to determine the descriptions of elections (if any) in the case of which free delivery of election addresses is to be so available;

(c) for regulating in any respect the form and manner in which free delivery of election addresses is to be so available;

(d) for restricting the number of separate mailings in respect of the free delivery of election addresses, whether—

(i) by limiting the number of separate election addresses by reference to any specified circumstances, or

(ii) by requiring the preparation of a single document incorporating all the election addresses to be delivered on behalf of candidates at a particular election,

or otherwise;

(e) for imposing conditions which must be satisfied by any candidate or candidates seeking to avail themselves of free delivery of election addresses under the order;

(f) for authorising election addresses falling to be delivered under the order to be disseminated by such means (other than those by which they are to be so delivered) as may be specified;

(g) for securing that civil or criminal liability in respect of material contained in any election address falling to be delivered under the order (including any such liability arising in connection with any dissemination of the material in pursuance of paragraph (f) above) is incurred only by the candidate on behalf of whom it falls to be so delivered or his election agent.

(5) In subsection (4) above—

• free delivery of election addresses means the delivery of election addresses, in accordance with an order under subsection (3) above, at the Authority’s expense;

• specified means specified in an order under subsection (3) above.

(6) Before making an order under subsection (3) above the Secretary of State F8 ... shall consult—

(a) the Mayor and the London Assembly; and

(b) such other persons and bodies as he may determine to be appropriate.

(7) Schedule 3A to this Act (which makes provision supplementing subsection (1) above) shall have effect.]

Textual Amendments

F1 S. 17A inserted (9.3.2000) by 2000 c. 2, s. 14(1)(2)

F2 Words in s. 17A(2)(b) inserted (1.1.2007) by Electoral Administration Act 2006 (c. 22), s. 77(2), Sch. 1 para. 18(2)(a); S.I. 2006/3412, art. 3, Sch. 1 para. 12(a)

F3 Words in s. 17A(2)(b) inserted (1.1.2007) by Electoral Administration Act 2006 (c. 22), s. 77(2), Sch. 1 para. 18(2)(b); S.I. 2006/3412, art. 3, Sch. 1 para. 12(a)

F4 S. 17A(2A) inserted (1.1.2007) by Electoral Administration Act 2006 (c. 22), s. 77(2), Sch. 1 para. 18(3); S.I. 2006/3412, art. 3, Sch. 1 para. 12(a)

F5 Words in s. 17A(3) omitted (8.12.2021) by virtue of The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 11 (with art. 12)

F6 Words in s. 17A(3) substituted (26.3.2001) by S.I. 2001/648, art. 4(1), Sch. 1 para. 14

F7 Words in s. 17A(3) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 155; S.I. 2011/2329, art. 3

F8 Words in s. 17A(6) omitted (8.12.2021) by virtue of The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 11 (with art. 12)

Modifications etc. (not altering text)

C1 S. 17A functions made exercisable concurrently (18.8.2010) by The Lord President of the Council Order 2010 (S.I. 2010/1837), arts. 1(2), 3

C2 S. 17A functions transferred (22.6.2015) by The Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376), arts. 1(2), 3(1), Sch. 1 (with art. 9)

C3 S. 17A functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 3(1), Sch. 1(f) (with arts. 3(2), 6, 12)

C4 S. 17A: functions cease to be exercisable concurrently (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), arts. 1(2), 9, Sch. 1(f) (with arts. 11, 12)

C5 S. 17A(3) amended (16.2.2001) by 2000 c. 41, s. 7(2)(i); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

18 Cost of holding the first ordinary elections. E+W+S

(1) A returning officer shall be entitled to recover expenditure properly incurred by him in relation to the holding of the first ordinary election if the expenditure—

(a) is of a kind determined by the Secretary of State; and

(b) is reasonable.

(2) The Secretary of State may determine a maximum recoverable amount for expenditure of such description as he may determine; and the returning officer may not recover more than that amount in respect of any such expenditure.

(3) The amount of any expenditure recoverable in accordance with this section shall be charged on and paid out of the Consolidated Fund on an account being submitted to the Secretary of State; but the Secretary of State must, before payment, satisfy himself that the expenditure in the account is properly payable.

(4) A returning officer must furnish the Secretary of State with such information or documents relating to an account submitted under subsection (3) above as the Secretary of State may require.

(5) The Secretary of State must prepare an account of any sums which are issued to him out of the Consolidated Fund by virtue of this section and of his use of those sums.

(6) The account required to be prepared under subsection (5) above must be audited by such body or person as the Treasury may determine.

(7) Any exercise by the Secretary of State of his functions under subsections (1) and (2) above shall require the consent of the Treasury.

(8) This section has effect in relation to the first ordinary election instead of section 36(4B) of the Representation of the M1 People Act 1983.

Marginal Citations

M1 1983 c. 2.

19 Expenditure of Secretary of State in connection with holding the first ordinary election. E+W+S

(1) The Secretary of State may incur expenditure in doing anything which he considers expedient—

(a) in preparation for the holding of the first ordinary election,

(b) for the purpose of facilitating the conduct of the first ordinary election, or

(c) otherwise in connection with the holding of the first ordinary election.

(2) The Secretary of State must not, by virtue of subsection (1) above, incur expenditure of a kind which is recoverable by a returning officer under section 18 above.