Rule 3(3)
1. This Schedule may be cited as the London Members Election Rules.
2.—(1) In the rules in this Schedule, unless the context indicates otherwise—
“election” means an election for the return of the London members;
“individual candidate” means a candidate other than a list candidate at an election for the return of London members;
“list candidate” means a person included on a party list;
“local count” means the count of the London votes given for a registered party or, as the case may be, an individual candidate, at an election in an Assembly constituency;
“London vote” has the same meaning as in Part 1 of the 1999 Act;
“party list” means a list delivered to the GLRO in accordance with paragraph 5 (party lists and individual candidates) of Part 2 of Schedule 2 to the 1999 Act on behalf of a party registered under Part 2 (registration of political parties) of the 2000 Act.
(2) Reference to a rule by number alone is a reference to the rule so numbered in this Schedule.
3. The proceedings at the election must be conducted in accordance with the following timetable:
Timetable
| Proceedings | Time |
|---|---|
| Publication of notice of election | Not later than the thirtieth day before the day of election. |
| Delivery of nomination papers | Not later than noon on the twenty–fourth day before the day of election. |
| Publication of statement as to persons nominated | Not later than noon on the twenty-second day before the day of election. |
| Delivery of notices of withdrawals of candidature | Not later than noon on the twenty-first day before the day of election. |
| Notice of poll | Not later than the sixth day before the day of election. |
| Polling | Between the hours of 7 in the morning and 10 at night on the day of election. |
4.—(1) In computing any period of time for the purposes of the Timetable—
(a)a Saturday or Sunday,
(b)Christmas Eve, Christmas Day, Good Friday or a bank holiday, or
(c)a day appointed for public thanksgiving or mourning,
must be disregarded, and any such day must not be treated as a day for the purpose of any proceedings up to the completion of the poll nor must the CRO be obliged to proceed with the counting of the votes on such a day.
(2) In this rule, “bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971 M1 in England and Wales.
Marginal Citations
5.—(1) The GLRO must publish in each Assembly constituency notice of the election stating—
(a)the place and times at which nomination papers and party lists are to be delivered, and
(b)the date of the poll in the event of a contest,
and the notice must state that forms of nomination papers and party lists may be obtained at that place and those times.
(2) The notice of election must state the arrangements (if any) which apply for the payment of the deposit required by rule 10 by means of the electronic transfer of funds.
(3) The notice of election must state the date by which—
(a)applications to vote by post or proxy, and
(b)other applications and notices about postal or proxy voting,
must reach the registration officer for local government electors in order that they may be effective for the election.
6.—(1) Each individual candidate must be nominated by a separate nomination paper that must be—
(a)in the appropriate form, and
(b)delivered to the GLRO in accordance with the following provisions of this rule and rule 8.
(2) The nomination paper of an individual candidate must state the candidate's—
(a)full names,
(b)home address, in full, and
(c)if desired, a description consisting of the word “independent”,
and the surname must be placed first in the list of names.
7.—(1) A registered party which is a qualifying party and is to stand at the election of London members must be nominated by the delivery of a nomination paper which must be—
(a)in the appropriate form, and
(b)delivered to the GLRO by the party's registered nominating officer, or a person authorised in writing by him, in accordance with the following provisions of this rule and rule 8.
(2) The registered party's nomination paper must—
(a)state the authorised description by which the registered party is to stand for election,
(b)include a statement, signed by the person issuing the paper, that it is issued either—
(i)by the party's registered nominating officer, or
(ii)on behalf of the party's registered nominating officer by a person authorised in writing by him, and
(c)be accompanied by a party list which sets out the full names and home addresses of each candidate included in that list.
(3) An authorised description for the purposes of paragraph (2)(a) must be either—
(a)the name of the party registered under section 28 of the 2000 Act M2, or
(b)a description of the party, registered under section 28A M3 of that Act.
(4) A person will be guilty of a corrupt practice if he fraudulently purports to be authorised to make the statement required by paragraph (2)(b) by or on behalf of a registered party's nominating officer.
(5) For the purposes of the application of these rules in relation to an election—
(a)“registered party” means a party which was registered under Part 2 of the 2000 Act on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers and party lists at that election,
(b)a registered party is a qualifying party if on the relevant day the party was registered in respect of England in the Great Britain register maintained under that Part of that Act.
Marginal Citations
M2Section 28 of the Political Parties, Elections and Referendums Act 2000 (c.41) was amended by S.I. 2004/366 and by section 48 of the Electoral Administration Act 2006 (c.22).
M3Section 28A of the Political Parties, Elections and Referendums Act 2000 (c.41) was inserted by section 49(1) of the Electoral Administration Act 2006 (c.22).
8.—(1) The following provisions of this rule have effect in relation to nomination papers delivered under rules 6 and 7.
(2) If an individual candidate or a candidate included on a party list commonly uses—
(a)a surname which is different from any other surname he has, or
(b)a forename which is different from any other forename he has,
the nomination paper and party list may state the commonly used surname or forename, or both surname and forename in addition to the other name.
(3) Each nomination paper must be delivered to the GLRO at the place specified by him in the notice of election, which must be at one of the offices of the Greater London Authority, and must be received by the GLRO before the last time for the delivery of nomination papers.
(4) Where a nomination paper is delivered in respect of—
(a)the same registered party, or
(b)the same individual candidate,
after an earlier nomination paper has been delivered, that later paper must be deemed to supersede the earlier one.
(5) In this rule and in the following provisions of these rules, unless the context requires otherwise—
(a)“nomination paper” includes a reference to—
(i)the nomination paper of a registered party, and
(ii)the nomination paper of an individual candidate;
(b)“nomination paper of a registered party” includes a reference to a party list.
9.—(1) A person will not be validly nominated (whether as an individual candidate or a list candidate) unless his consent to nomination—
(a)is given in writing in the appropriate form, or a form to like effect, on or within one month before the last day for the delivery of nomination papers;
(b)is attested by one witness whose name and address must be given; and
(c)is delivered at the place and within the time for delivery of nomination papers.
(2) A candidate's consent given under this rule must—
(a)state the day, month and year of his birth;
(b)contain a statement that he has read whichever of sub-paragraphs (5) and (6) of paragraph 5 of Schedule 2 to the 1999 Act (persons who many not be candidates) applies in his case; and
(c)contain a statement that to the best of the candidate's knowledge and belief he is not disqualified from being elected by reason of—
(i)any disqualification set out in section 21 (disqualification from being the Mayor or an Assembly member) of the 1999 Act, or
(ii)any decision made under section 79 (decisions of case tribunals) the Local Government Act 2000.
10.—(1) A person will not be validly nominated as an individual candidate at the election unless the sum of £5,000 is deposited by him, or on his behalf, with the GLRO at the place and during the time for delivery of nomination papers and party lists.
(2) A registered party (and anyone on its party list) will not be validly nominated unless the sum of £5,000 is deposited on its behalf with the GLRO at the place and during the time for delivery of nomination papers and party lists.
(3) The deposit may be made either—
(a)by the deposit of any legal tender, or
(b)by means of a banker's draft, or
(c)with the GLRO's consent, in any other manner including by means of a debit or credit card or the electronic transfer of funds,
but the GLRO may refuse to accept a deposit sought to be made by means of a banker's draft if he does not know that the drawer carries on business as a banker in the United Kingdom.
(4) Where the deposit is made on behalf of an individual candidate, the person making the deposit must at the time he makes it give his name and address to the GLRO, unless they have previously been given to him under section 67 (appointment of election agent) of the 1983 Act.
11.—(1) Where, in the case of an individual candidate, a nomination paper (“individual nomination paper”) and the candidate's consent to it are delivered, and a deposit is made, in accordance with these Rules, the candidate will be deemed to stand nominated unless and until—
(a)the GLRO decides that the nomination paper is invalid, or
(b)proof is given to the GLRO's satisfaction of the candidate's death, or
(c)the candidate withdraws.
(2) Where the nomination paper of a registered party and the consent of each candidate included in that party's list are delivered, and a deposit is made, in accordance with these Rules, that party and (subject to paragraph (6)) each candidate on its list must be deemed to stand nominated unless and until the GLRO decides that the nomination paper is invalid.
(3) As soon as practicable after each nomination paper has been delivered, the GLRO must examine it and decide whether the individual candidate, or as the case may be each registered party and each candidate included in that party's list, has been validly nominated.
(4) The GLRO is entitled to hold an individual nomination paper invalid only on the grounds that the particulars of the candidate on the nomination paper are not as required by law.
(5) The GLRO is entitled to hold the nomination paper of a registered party invalid only on one of the following grounds—
(a)that the authorised description stated under rule 7(2)(a) breaches rule 7(3);
(b)that the nomination paper does not contain the statement referred to in rule 7(2)(b);
(c)that the number of candidates on the list is greater than 25.
(6) Where, in respect of a candidate included in a party list—
(a)proof is given to the GLRO's satisfaction of his death;
(b)he withdraws or his candidature is withdrawn in accordance with rule 15;
(c)his particulars in that list are not as required by law;
(d)the consent to nomination of that candidate is not delivered in accordance with rule 9,
the GLRO must delete the name and address of that candidate from the list.
(7) Where the GLRO has decided under paragraph (3)—
(a)that an individual nomination paper is invalid,
(b)that the nomination paper of a registered party is invalid or that the name and address of a list candidate must be deleted from the list,
he must endorse and sign on the nomination paper to record that decision and the reasons for his decision.
(8) The GLRO must, as soon as practicable after making such a decision under paragraph (3) that a nomination paper is valid or invalid, send notice of that decision—
(a)to the candidate at his home address as given in his nomination paper, and
(b)in the case of a list candidate, also to the nominating officer.
(9) Where in the GLRO's opinion the nomination paper of a registered party is invalid on the grounds in paragraphs (5)(a) or (b), then he must give a decision to that effect—
(a)as soon as practicable after the delivery of the nomination paper, and
(b)in any event, before the end of the period of 24 hours starting with the end of the period for the delivery of nomination papers set out in the timetable in rule 3.
(10) The GLRO's decision that a nomination paper is valid is final and may not be questioned in any proceeding whatsoever.
(11) Subject to paragraph (10), nothing in this rule prevents the validity of a nomination being questioned on an election petition.
12.—(1) The GLRO must prepare and publish a statement showing—
(a)each registered party which has been and stands nominated, together with that party's list,
(b)the persons who have been and stand nominated as individual candidates, and
(c)any other parties or persons who have been nominated, together with the reason why they no longer stand nominated.
(2) If an individual's nomination paper or person's entry on a party list gives a commonly used surname or forename, or both surname and forename, in addition to another name, the statement must show the person's commonly used surname or forename, or both surname and forename (as the case may be) instead of any other name.
(3) Paragraph (2) does not apply if the GLRO thinks—
(a)that the use of the person's commonly used name may be likely to mislead or confuse electors, or
(b)that the commonly used name is obscene or offensive.
(4) If paragraph (3) applies, the GLRO must give notice in writing to the candidate of his reasons for refusing to allow the use of a commonly used name.
(5) The statement must show, in the following order—
(a)the registered parties which have been and stand nominated, set out in alphabetical order according to the authorised descriptions given in the nomination papers,
(b)the names and home addresses of the list candidates as given in party lists, arranged in the order in which their names appear in those lists,
(c)the names, addresses and descriptions (if any) of the persons standing nominated as individual candidates, arranged alphabetically in the order of their surnames and, if there are two or more of them with the same surname, of their other names.
(6) In the case of an individual candidate nominated by more than one nomination paper, the GLRO must take the particulars required by the foregoing provisions of this rule from such one of the papers as the candidate (or the GLRO in default of the candidate) may select.
13.—(1) The GLRO may, if he thinks fit, at any time before the publication under rule 12 of the statement of parties and persons nominated, correct minor errors in a nomination paper.
(2) Errors which may be corrected include—
(a)errors as to a person's electoral number,
(b)obvious errors of spelling in relation to the details of a party or candidate.
(3) Anything done by the GLRO in pursuance of this rule may not be questioned in any proceedings other than proceedings on an election petition.
(4) The GLRO must have regard to any guidance issued by the Electoral Commission for the purposes of this rule.
14.—(1) During ordinary office hours, in the period starting 24 hours after the latest time for the delivery of nomination papers and before the date of the poll, any person may inspect and take copies of, or extracts from—
(a)a nomination paper, or
(b)the consents to nomination.
(2) Inspection under paragraph (1) may not take place on a day that is specified in rule 4(1).
15.—(1) An individual candidate or a candidate on a party's list may withdraw his candidature by notice of withdrawal—
(a)signed by him and attested by one witness, whose name and address must be given, and
(b)delivered to the GLRO at the place for delivery of nomination papers and party lists,
by the end of the period for the delivery of notices of withdrawals of candidature in the timetable in rule 3.
(2) The nominating officer of a registered party, or a person authorised in writing by him may withdraw that party's nomination by a notice of withdrawal signed by him and delivered to the returning officer at the place for delivery of nomination papers and party lists.
(3) Where a candidate is outside the United Kingdom, a notice of withdrawal signed by his election agent and accompanied by a written declaration also so signed of the candidate's absence from the United Kingdom will be of the same effect as a notice of withdrawal signed by the candidate; but where the candidate stands nominated by more than one nomination paper a notice of withdrawal under this paragraph will be effective if, and only if, it is accompanied, in addition to that declaration, by a written statement signed by the candidate that the person giving the notice is authorised to do so on the candidate's behalf during his absence from the United Kingdom.
(4) If before the result of the election is declared, proof is given to the GLRO's satisfaction that an individual candidate who is named (or is to be named) in the ballot papers or a candidate whose name appears on a party list has died, then (in addition to complying with any other requirement of these rules relevant to that event) the GLRO must—
(a)inform each CRO of the death of the candidate;
(b)in the case of a person whose name is included in a party list, remove that person's name from that list.
16. If, after any withdrawals under rule 15, the number of persons remaining validly nominated exceeds the number of seats available for allocation to London members, then, unless all of those persons are named on the same party list, a poll must be taken in accordance with Part 4 of these Rules.
17. The votes at the poll must be given by ballot to enable the seats for London members to be allocated to registered parties and individual candidates in accordance with paragraphs 7 and 8 of Part 2 of Schedule 2 to the 1999 Act.
18.—(1) The ballot of every voter must consist of a ballot paper which must be in the appropriate form.
(2) Each registered party that remains validly nominated at the election and whose party list includes a person who remains validly nominated as a list candidate, after any withdrawals, and no other, is entitled to have its authorised description inserted in the ballot paper.
(3) Each person remaining validly nominated as an individual candidate at the election, after any withdrawals, and no other, is entitled to have their name inserted in the ballot paper.
(4) Every ballot paper—
(a)must be printed in accordance with the directions set out in the Forms Schedule,
(b)must contain the authorised descriptions of the registered parties; and the names and other particulars of the individual candidates as shown in the statement of persons nominated,
(c)must have a number and other unique identifying mark printed on the back, and
(d)may, in the case of ballot papers for use at polling stations, be marked with the words “do not fold”.
(5) If a request is made by or on behalf of a registered party's nominating officer, the ballot paper must contain, against the party's authorised description, the party's registered emblem (or, as the case may be, one of the party's registered emblems).
(6) The request under paragraph (5) must—
(a)be made in writing to the GLRO, and
(b)be received by him during the period for delivery of nomination papers and party lists set out in the timetable in rule 3.
(7) The order of the authorised descriptions of the registered parties and the names of the individual candidates must be in the same order as in the statement of parties and persons nominated.
(8) The GLRO must supply the ballot papers for use at the election to the CRO by such date as may be agreed between them.
(9) The ballot papers supplied under paragraph (8) must be of a different colour from those used at any other Authority election.
19.—(1) The CRO must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by him in pursuance of rule 24(1) or provided by him in pursuance of rule 29(1).
(2) The list must be in the appropriate form or a form to like effect.
(3) At an ordinary election, the same list may be used for each Authority election with which the election is combined.
20.—(1) Every ballot paper must contain an appropriate security marking (the official mark).
(2) The official mark must be kept secret, and an interval of not less than five years must intervene between the use of the same official mark at any Authority election.
(3) The GLRO may use a different official mark for different purposes at the same election.
21. No person who has voted at the election may, in any legal proceeding to question the election, be required to state for which candidate or party he has voted.
22.—(1) The CRO may use, free of charge, for the purpose of taking the poll or counting the votes—
(a)a room in a school maintained or assisted by a local education authority or a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school,
(b)a room the expense of maintaining which is met by any local authority.
(2) The CRO must make good any damage done to, and defray an expense incurred by the persons having control over, any such room as mentioned in paragraph (1) by reason of its being used for the purpose of taking the poll or counting the votes.
23.—(1) The GLRO must, in accordance with the timetable in rule 3, publish notice of the poll stating—
(a)the day and hours fixed for the poll,
(b)the number of seats for London members available for allocation at that election,
(c)the authorised description of each registered party whose party list includes persons who remain validly nominated as list candidates, and
(d)the name and description (if any) of each individual candidate remaining validly nominated,
and rule 12(5) applies in relation to the order in which that information appears on the notice of the poll as it applies in relation to the statement of persons nominated.
(2) The CRO must, not later than the time of the publication of the notice of the poll, also give public notice of—
(a)the situation of each polling station, and
(b)the description of voters entitled to vote there,
and he must as soon as practicable after giving such a notice give a copy of it to each of the election agents.
(3) The notice of poll must include the heading “GREATER LONDON AUTHORITY ELECTION”.
24.—(1) The CRO must, in accordance with regulations made under the 1983 Act M4, issue to those entitled to vote by post a ballot paper and a postal voting statement, together with such envelopes for their return as may be prescribed in such regulations.
(2) The postal voting statement must be in the appropriate form, or a form to the like effect.
(3) The postal voting statement must include provision for the form to be signed and for stating the date of birth of the elector or proxy (as the case may be).
(4) The CRO must also issue to those entitled to vote by post such information as he thinks appropriate about how to obtain—
(a)translations into languages other than English of any directions to or guidance for voters sent with the ballot paper,
(b)a translation into Braille of such directions or guidance,
(c)graphical representations of such directions or guidance,
(d)the directions or guidance in any other form (including any audible form).
(5) In the case of a ballot paper issued to a person at an address in the United Kingdom, the CRO must ensure that the return of the ballot paper and postal voting statement is free of charge to the voter.
(6) Where the proceedings on the issue and receipt of postal ballot papers at the election are taken together with any other Authority election the appropriate form of postal voting statement under paragraph (2) may be the joint postal voting statement which must be in the appropriate form or form to like effect.
Marginal Citations
M4See the Representation of the People (England and Wales) Regulations 2001 S.I. 2001/341 as amended by S.I. 2002/1871, 2006/752 and S.I. 2006/2910.
25.—(1) The CRO must provide a sufficient number of polling stations and, subject to the following provisions of this rule, must allot the electors to the polling stations in such manner as he thinks most convenient.
(2) One or more polling stations may be provided in the same room.
(3) The polling station allotted to electors from any parliamentary polling district wholly or partly within the Assembly constituency must, in the absence of special circumstances, be in the parliamentary polling place for that district, unless that place is outside the Assembly constituency.
(4) The CRO must provide each polling station with such number of compartments as may be necessary in which the voters can mark their votes screened from observation.
26.—(1) The CRO must appoint and pay a presiding officer to attend at each polling station and such clerks and technical assistants as may be necessary for the purposes of the election, but he must not appoint any person who has been employed in or about the election by or on behalf of a candidate or a registered party which has been nominated.
(2) The CRO may, if he thinks fit, preside at a polling station and the provisions of this Part relating to a presiding officer apply to the CRO so presiding with the necessary modifications as to things to be done by the CRO to the presiding officer or by the presiding officer to the CRO.
(3) A presiding officer may do, by the clerks appointed to assist him, any act (including the asking of questions) which he is required or authorised by this Part to do at a polling station except order the arrest, exclusion or removal of any person from the polling station.
27.—(1) The CRO must as soon as practicable after the publication of the notice of election, send to electors and their proxies an official poll card.
(2) An elector's official poll card must be sent or delivered to his qualifying address, and a proxy's to his address as shown in the list of proxies.
(3) The official poll card must be in the appropriate form or a form to like effect, and must set out—
(a)that the election is of the London members of the London Assembly at an ordinary election,
(b)the elector's name, qualifying address and number on the register,
(c)the date and hours of the poll and the situation of the elector's polling station, and
(d)such other information as the CRO thinks appropriate,
and different information may be provided in pursuance of sub-paragraph (d) to different electors or descriptions of elector.
(4) In the case of an elector with an anonymous entry, instead of containing the matter mentioned in paragraph (3)(b), the polling card must contain such matter as is specified in the appropriate form.
(5) Where the ordinary elections for constituency members and the Mayor are contested, the CRO must issue a combined poll card in the appropriate form.
(6) In this rule “elector” means—
(a)an elector with an entry on the register to be used at the election on the last day for the publication of the notice of the election, and
(b)includes a person then shown in the register as below voting age if (but only if) it appears from the register that he will be of voting age on the day fixed for the poll.
28.—(1) At an ordinary election, the GLRO may, in addition to a statement by him in an election booklet, include in the booklet information for voters that has been agreed by him with the Electoral Commission.
(2) The information for voters given in the election booklet may include information about—
(a)the office of the Mayor and the London Assembly,
(b)the system of voting at each Authority election,
(c)how to vote in a manner that will ensure a vote is regarded as validly cast, and
subject to paragraph (3), may include any other information given in exercise of the GLRO's duty under section 69 (encouraging electoral participation) of the 2006 Act.
(3) The information for voters must not contain—
(a)any advertising material,
(b)any material referring to a candidate or a registered party, other than by reproduction of a ballot paper which refers equally to all candidates and parties at the ordinary election,
(c)any material referring to the holder, at any time, of the office of Mayor or Assembly member, other than under paragraph (b) as a candidate at the ordinary election.
(4) Information published in an election booklet under this rule must be printed on not more than two sides of A5 paper.
29.—(1) The CRO must provide each presiding officer with—
(a)such ballot papers as may be necessary, and
(b)such ballot boxes as may be necessary having taken account of any direction made by the GLRO in accordance with paragraph (9).
(2) Every ballot box must be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked or, where the box has no lock, the seal being broken.
(3) The CRO must provide each polling station with—
(a)materials to enable voters to mark the ballot papers,
(b)copies of the register of electors or such part of it as contains the entries relating to the electors allotted to the station,
(c)the parts of any special lists prepared for the election corresponding to the register of electors or the part of it provided under sub-paragraph (b),
(d)a notice of the death of any person of whose death he has been informed as mentioned in rule 15(4),
(e)a list consisting of that part of the list prepared under rule 19 which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station.
(4) The reference in paragraph (3)(b) to the copies of the register of electors includes a reference to copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act M5 in respect of alterations to the register.
(5) The CRO must also provide each polling station with a device for enabling voters who are blind or partially sighted to vote without any need for assistance from the presiding officer or any companion within the meaning of rule 41.
(6) The device referred to in paragraph (5) above must—
(a)allow a ballot paper to be inserted into and removed from or attached to and detached from the device, easily and without damage to the paper,
(b)keep the ballot paper firmly in place during use,
(c)provide suitable means for the voter to—
(i)identify the spaces on the ballot paper on which he may mark his vote,
(ii)identify the candidate to whom each such space refers, and
(iii)mark his vote on the space he has chosen.
(7) The enlarged sample copies of the ballot paper that the GLRO is required to provide, or cause to be displayed at every polling station (in accordance with section 199B(5) and (7) of the 1983 Act) must—
(a)be provided to the CRO who will deliver them to the polling stations, and
(b)be of the same colour as the ballot paper at the election.
(8) The CRO must also provide each polling station with notices for the guidance of voters, which must be exhibited—
(a)outside the polling station,
(b)inside the polling station—
(i)in the communal areas, and
(ii)in every voting compartment.
(9) If the GLRO thinks fit he may, not later than the date of the notice of election, direct the CRO that joint ballot boxes must be used for the ballot papers at the election and any or all Authority elections with which the election is taken.
Marginal Citations
M5Section 13B of the 1983 Act was inserted by paragraph 3 of Schedule 2 to the Representation of the People Act 2000 (c.2) and amended by section 11(3) of the Electoral Administration Act 2006 (c.22). Subsections (3B) and (3D) of section 13B were inserted by section 11(4) of the Electoral Administration Act 2006 (c.22).
30.—(1) The GLRO must prepare and provide each CRO with the notices to be exhibited under rule 29(8).
(2) The GLRO may also provide each CRO with versions of the notices in such other form as he thinks appropriate, in accordance with section 199B (translations etc of certain documents) of the 1983 Act.
(3) Notices for the guidance of voters exhibited under rule 28(8) or paragraph (2) must be in the appropriate form, but may include such alternative information relating to Authority elections as—
(a)meets with the requirements of the Notices Schedule, and
(b)the GLRO may decide.
(4) Notices provided under paragraph (2) may, if the CRO agrees, be exhibited at any polling station—
(a)outside the polling station,
(b)inside the polling station, or
(c)in every compartment of the polling station.
31.—(1) Before the commencement of the poll—
(a)each individual candidate, and
(b)the election agent of each list candidate,
may appoint—
(i)polling agents to attend at polling stations for the purpose of detecting personation, and
(ii)counting agents to attend at the local count.
(2) The same person may be appointed as a polling agent or counting agent by, or in the case of list candidates on behalf of, more than one candidate.
(3) For each local count, one (but no more than one) counting agent of each registered party standing nominated or individual candidate, as the case may be, may be authorised by the terms of his appointment to require a re-count at that count.
(4) Not more than four polling agents, or such greater number as the CRO may by notice allow, may be permitted to attend at any particular polling station.
(5) If the number of such agents appointed to attend at a particular polling station exceeds that number, the CRO must determine by lot which agents are permitted to attend, and only the agents on whom the lot falls will be deemed to have been duly appointed.
(6) The CRO may limit the number of counting agents, but in doing so must ensure that—
(a)the number is the same in the case of each candidate, and
(b)the number allowed to a candidate must not (except in special circumstances) be less than the number obtained by dividing the number of clerks employed on the counting by the number of candidates.
(7) For the purposes of the calculations required by paragraph (6)—
(a)a counting agent appointed for more than one list candidate must be deemed to be appointed for all the candidates on that list,
(b)a counting agent appointed for more than one candidate (other than a list candidate) is a separate agent for each of the candidates for whom he has been appointed.
(8) Notice in writing of the appointment of polling and counting agents, stating the names and addresses of the persons appointed, must be given by the candidate to the CRO and must be so given not later than the fifth day (computed in accordance with rule 4) before the day of the poll.
(9) If an agent dies, or becomes incapable of acting, the candidate or, as the case may be, the election agent, may appoint another person in his place, and must forthwith give to the CRO notice in writing of the name and address of that other person.
(10) Any appointment authorised by this rule may be made and the notice of appointment given to the CRO by the candidate's election agent, instead of by the candidate.
(11) In the following provisions of these Rules references to polling agents and counting agents must be taken as references to agents—
(a)whose appointments have been duly made and notified, and
(b)where the number of agents is restricted, who are within the permitted numbers.
(12) Any notice required to be given to a counting agent by the CRO may be delivered at, or sent by post to, the address stated in the notice of appointment.
(13) A candidate may himself do any act or thing which any polling or counting agent of his, if appointed, would have been authorised to do, or may assist his agent in doing any such act or thing.
(14) A candidate's election agent may do or assist in doing anything which a polling or counting agent of his is authorised to do; and anything required or authorised by these Rules to be done in the presence of the polling or counting agent may be done in the presence of a candidate's election agent instead of his polling agent or counting agent.
(15) Where by these Rules any act or thing is required or authorised to be done in the presence of the polling or counting agents, the non-attendance of any agent or agents at the time and place appointed for the purpose will not, if the act or thing is otherwise duly done, invalidate the act or thing done.
32. The CRO must make such arrangements as he thinks fit to ensure that—
(a)every person attending at a polling station (otherwise than for the purpose of voting or assisting a voter with disabilities to vote or as a constable on duty there) has been given a copy of the provisions of subsections (1), (3) and (6) of section 66 (requirement of secrecy) of the Representation of the People Act 1983 M6, and
(b)every person attending at the counting of the votes (other than any constable on duty at the counting) has been given a copy of the provisions of subsections (2) and (6) of that section.
Marginal Citations
M61983 c. 2; Section 66 of that Act was amended by the Electoral Administration Act 2006 (c. 22).
33.—(1) Where—
(a)a postal vote has been returned in respect of a person who is entered on the postal voters list, or
(b)a proxy postal vote has been returned in respect of a proxy who is entered on the proxy postal voters list,
the CRO must mark the list in the manner prescribed by regulations made under the 1983 Act M7.
(2) Rule 50(2) does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.
Marginal Citations
M71983 c. 2; Regulation 84A of the Representation of the People (England and Wales) Regulations 2001 S.I. 2001/341 as amended by S.I. 2006/2910 provides the circumstances in which a postal vote should be treated as returned for this purpose.
34.—(1) The presiding officer must exclude all persons from the polling station except—
(a)voters,
(b)persons under the age of 18 who accompany voters to the polling station,
(c)the candidates and their election agents,
(d)the polling agents appointed to attend at the polling station,
(e)the clerks appointed to attend at the polling station,
(f)persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act,
(g)the constables on duty, and
(h)the companions of voters with disabilities.
(2) The presiding officer must regulate the total number of voters and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.
(3) Not more than one polling agent may be admitted at the same time to a polling station on behalf of the same party or individual candidate.
(4) A constable or person employed by the CRO must not be admitted to vote in person elsewhere than at his own polling station allotted to him under these Rules, except on production and surrender of a certificate as to his employment which must be in the appropriate form and signed by an officer of the police of or above the rank of inspector or by the CRO, as the case may be.
(5) Any certificate surrendered under this rule must forthwith be cancelled.
35.—(1) It is the presiding officer's duty to keep order at his polling station.
(2) If a person misconducts himself in a polling station, or fails to obey the presiding officer's lawful orders, he may immediately, by the presiding officer's order, be removed from the polling station—
(a)by a constable in or near that station, or
(b)by any other person authorised in writing by the CRO to remove him,
and the person so removed must not, without the presiding officer's permission, again enter the polling station during the day.
(3) Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.
(4) The powers conferred by this rule must not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
36. Immediately before the commencement of the poll, the presiding officer must—
(a)show each ballot box, empty, to such persons, if any, as are present in the polling station, so that they may see that the boxes are empty,
(b)lock up such of the boxes as have locks,
(c)place his seal—
(i)on each lock, and
(ii)on each ballot box which has no lock,
in such a manner as to prevent its being opened without breaking the seal,
(d)place each box in his view for the receipt of ballot papers, and
(e)keep each box locked and sealed or, as the case may be, sealed.
37.—(1) At the time of the application (but not afterwards), the questions specified in the second column of the following table—
(a)may be put by the presiding officer to a person who is mentioned in the first column, and
(b)must be put if the letter “R” appears after the question and the candidate or his election or polling agent requires the question to be put.
| Q. No. | Person applying for ballot paper | Question |
|---|---|---|
| 1 | A person applying as an elector | (a)—Are you the person registered in the register of local government electors for this election as follows (read the whole entry from the register)? [R] (b)—Have you already voted, here or elsewhere in Greater London at this election for London members, otherwise than as proxy for some other person? [R] |
| 2 | A person applying as proxy | (a)—Are you the person whose name appears as A.B. in the list of proxies for this election as entitled to vote as proxy on behalf of C.D.? [R] (b)—Have you already voted here or elsewhere in Greater London at this election for London members, as proxy on behalf of C.D.? [R] (c)—Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of C.D.? [R] |
| 3 | A person applying as proxy for an elector with an anonymous entry (instead of the questions at entry 2) | (a)—Are you the person entitled to vote as proxy on behalf of the elector whose number on the register of electors is (read out the number)? [R] (b)—Have you already voted here or elsewhere as proxy on behalf of the elector whose number on the register of electors is (read out the number)? [R] (c)—Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the person whose number on the register of electors is (read out the number)? [R] |
| 4 | A person applying as proxy if the question at entry 2(c) or 3(c) is not answered in the affirmative | Have you already voted here or elsewhere in Greater London at this election for London members, on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild? [R] |
| 5 | A person applying as an elector in relation to whom there is an entry in the postal voters list | (a)— Did you apply to vote by post? (b)— Why have you not voted by post? |
| 6 | A person applying as proxy who is named in the proxy postal voters list | (a)— Did you apply to vote by post as proxy? (b)— Why have you not voted by post as proxy? |
(2) In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references in the questions at entries 1(a) and 3(a), (b) and (c) to reading from the register must be taken as references to reading from the notice issued under those subsections.
(3) A ballot paper must not be delivered to any person required to answer any of the above questions unless he has answered each question satisfactorily.
(4) Except as authorised by this rule, no inquiry may be permitted as to the right of any person to vote.
38. A person must not be prevented from voting because—
(a)a candidate or his election or polling agent declares that he has reasonable cause to believe that the person has committed an offence of personation, or
(b)the person is arrested on the grounds that he is suspected of committing or of being about to commit such an offence.
39.—(1) A ballot paper must be delivered to a voter who applies for one, and immediately before delivery—
(a)the number and (unless paragraph (2) applies) name of the elector as stated in the copy of the register of electors must be called out,
(b)the number of the elector must be marked on the list mentioned in rule 29(3)(e) beside the number of the ballot paper to be delivered to him,
(c)a mark must be placed in the register of electors against the number of the elector to note that a ballot paper has been applied for but without showing the particular ballot paper which may be delivered,
(d)in the case of a person applying for a ballot paper as proxy, a mark must also be placed against his name in the list of proxies.
(2) In the case of an elector who has an anonymous entry, he must show the presiding officer his official poll card and only his number may be called out in pursuance of paragraph (1)(a).
(3) In the case of an elector who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (1) is modified as follows—
(a)in sub-paragraph (a), for “copy of the register of electors” substitute “copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act”,
(b)in sub-paragraph (c), for “in the register of electors” substitute “on the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act”.
(4) The voter, on receiving the ballot paper, must forthwith proceed into one of the compartments in the polling station and there secretly mark his paper, and must then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper into the ballot box in the presiding officer's presence, but so as to conceal his vote.
(5) The voter must vote without undue delay, and must leave the polling station as soon as he has put his ballot paper into the ballot box.
(6) A voter who has had a ballot paper delivered to him under paragraph (1), but has decided not to mark it, may return it to the presiding officer and where the voter does so, the presiding officer must—
(a)immediately cancel the ballot paper, and for the purposes of these rules treat it as a spoilt ballot paper,
(b)place a mark beside the number of that ballot paper on the corresponding number list to show that the ballot paper has been cancelled.
(7) Where any other ordinary Authority election in the Assembly constituency is contested, the same copy of—
(a)the list of proxies,
(b)the list mentioned in rule 29(3)(e),
(c)the register of electors,
(d)any notice issued under section 13B(3B) or (3D) of the 1983 Act (marked in the case of an elector who is added to the register in pursuance of such a notice),
may be used for each Authority election and one mark may be placed in the list, register or notice (as the case may be) to denote that a ballot paper has been delivered in respect of each Authority election; except that, where a ballot paper has not been issued in respect of any Authority election, a different mark must be placed in the list, register or notice so as to identify the elections in respect of which a ballot paper was issued.
40.—(1) The presiding officer, on the application of a voter—
(a)who is incapacitated by blindness or other disability from voting in the manner directed by these Rules, or
(b)who declares orally that he is unable to read,
must, in the presence of the polling agents, cause the voter's vote to be marked on a ballot paper in the manner directed by the voter, and the ballot paper to be placed in the ballot box.
(2) The name and number on the register of electors of every voter whose vote is marked in pursuance of this rule, and the reason why it is so marked, must be entered on a list (in these Rules called “the list of votes marked by the presiding officer”). In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name must be the elector's number.
(3) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act M8, paragraph (2) applies as if for “on the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act”.
(4) The same list of votes marked by the presiding officer may be used for the election and each Authority election, and where it is so used, an entry in that list must be taken to mean that the ballot papers were so marked in respect of each Authority election, unless the list identifies the election for which the ballot paper was so marked.
Marginal Citations
M8Section 13B of the 1983 Act was inserted by paragraph 3 of Schedule 2 to the Representation of the People Act 2000 (c.2) and amended by section 11(3) of the Electoral Administration Act 2006 (c.22). Subsections (3B) and (3D) of section 13B were inserted by section 11(4) of the Electoral Administration Act 2006 (c.22).
41.—(1) If a voter makes an application to the presiding officer to be allowed, on the ground of—
(a)blindness or other disability, or
(b)inability to read,
to vote with the assistance of another person by whom he is accompanied (in these Rules referred to as “the companion”), the presiding officer must require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or other disability, or by his inability to read, as to be unable to vote without assistance.
(2) If the presiding officer—
(a)is satisfied that the voter is so incapacitated, and
(b)is also satisfied by a written declaration made by the companion (in these Rules referred to as “the declaration made by the companion of a voter with disabilities”) that the companion—
(i)is a qualified person within the meaning of these Rules, and
(ii)has not previously assisted more than one voter with disabilities to vote at the election,
the presiding officer must grant the application, and then anything which is by these Rules required to be done to, or by that voter in connection with the giving of his vote may be done to, or with the assistance of, the companion.
(3) For the purpose of these Rules, a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1) above, and a person may be qualified to assist a voter with disabilities to vote if that person—
(a)is a person who is entitled to vote as an elector at the election, or
(b)is the father, mother, brother, sister, spouse, civil partner, son or daughter of the voter and has attained the age of 18 years.
(4) The name and number in the register of electors of every voter whose vote is given in accordance with this rule and the name and address of the companion must be entered on a list (in these Rules referred to as the “list of voters with disabilities assisted by companions”). In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name must be the elector's number.
(5) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (4) applies as if for “in the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act”.
(6) The declaration made by the companion—
(a)must be in the appropriate form,
(b)must be made before the presiding officer at the time when the voter applies to vote with the assistance of a companion, and
(c)must forthwith be given to the presiding officer who must attest and retain it.
(7) No fee or other payment may be charged in respect of the declaration.
(8) Where any other ordinary Authority election in the Assembly constituency is contested, the same list of voters with disabilities assisted by companions may be used for the election and each Authority election, and where it is so used, an entry in that list must be taken to mean that the votes were so given in respect of each Authority election, unless the list identifies the election for which the vote was so given.
42.—(1) If a person, representing himself to be—
(a)a particular elector named in the register and not named in the absent voters list, or
(b)a particular person named in the list of proxies as proxy for an elector and not entitled to vote by post as proxy,
applies for a ballot paper after another person has voted in person either as the elector or his proxy, the applicant must, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule and rule 43, to mark a ballot paper (in these Rules referred to as “a tendered ballot paper”) in the same manner as any other voter.
(2) Paragraph (4) applies if—
(a)a person applies for a ballot paper representing himself to be a particular elector named in the register,
(b)he is also named in the postal voters list, and
(c)he claims that he did not make an application to vote by post at the election.
(3) Paragraph (4) also applies if—
(a)a person applies for a ballot paper representing himself to be a particular person named as a proxy in the list of proxies,
(b)he is also named in the proxy postal voters list, and
(c)he claims that he did not make an application to vote by post as proxy.
(4) The person must, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule and rule 43, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter.
(5) Paragraph (6) applies if before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents himself to be—
(a)a particular elector named in the register who is also named in the postal voters list, or
(b)a particular person named as a proxy in the list of proxies and who is also named in the proxy postal voters list,
and claims that he has lost or has not received his postal ballot paper.
(6) The person must, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of this rule and rule 43, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter.
43.—(1) A tendered ballot paper must—
(a)be of a colour differing from the other ballot papers,
(b)instead of being put into the ballot box, be given to the presiding officer and endorsed by him with the name of the voter and his number on the register of electors, and set aside in a separate packet.
(2) The name of the voter and his number on the register of electors must be entered on a list (in these Rules referred to as the “tendered votes list”).
(3) In the case of a person voting as proxy for an elector, the number to be endorsed or entered together with the voter's name must be the number of that elector.
(4) In the case of an elector who has an anonymous entry, this rule and rule 42 apply subject to the following modifications—
(a)in paragraphs (1)(b) and (2) above, the references to the name of the voter must be ignored,
(b)otherwise, a reference to a person named on a register or list must be construed as a reference to a person whose number appears in the register or list (as the case may be).
(5) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, this rule and rule 42 apply as if—
(a)in rule 42(1)(a), (2)(a) and (5)(a), for “named in the register” there were substituted “in respect of whom a notice under section 13B(3B) or (3D) of the 1983 Act has been issued”,
(b)in paragraph (1)(b) of this rule for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13B(3B) or (3D) of the 1983 Act”,
(c)in paragraph (2) of this rule, for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13B(3B) or (3D) of the 1983 Act”.
(6) Where any other ordinary Authority election in the Assembly constituency is contested, the same tendered votes list may be used for the election and each Authority election, and where it is so used, an entry in that list must be taken to mean that tendered ballot papers were marked in respect of each Authority election, unless the list identifies the election for which a tendered ballot paper was delivered.
44.—(1) A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to his satisfaction the fact of the inadvertence, obtain a replacement for the ballot paper so delivered (in these Rules referred to as “a spoilt ballot paper”), and the spoilt ballot paper must be immediately cancelled.
(2) If a voter decides, after he has returned his ballot paper and it has been cancelled in accordance with rule 39(6), but before the close of the poll, that he wishes to vote in the election, he may obtain a replacement for the returned ballot paper.
(3) Before a replacement ballot paper is obtained, the presiding officer must mark the corresponding number list that was marked under rule 39(1) (the corresponding number list)—
(a)in the case of a ballot paper being replaced under paragraph (1) or (2), beside the number of the replacement ballot paper obtained to show—
(i)the number of the elector, and
(ii)the number of the ballot paper which is being replaced; and
(b)in the case of a ballot paper being replaced under paragraph (1), beside the number of the spoilt ballot paper to show that the ballot paper was replaced.
(4) Where any other ordinary Authority election in the Assembly constituency is contested, the voter must only receive a replacement for a spoilt or returned ballot paper.
(5) If the same corresponding number list is used for more than one Authority election in accordance with rule 39(7)—
(a)the marks made under paragraph (3) must identify the election for which a ballot paper has been replaced, and
(b)any ballot paper which the voter has not applied for or obtained as a replacement, but which bears the same ballot paper number as a ballot paper delivered under rule 39(1), or obtained under paragraph (1) or (2) of this rule—
(i)must not be delivered to the voter,
(ii)must be cancelled, and
(iii)for the purposes of these rules, must be treated as a spoilt ballot paper.
45.—(1) The presiding officer must keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of the 1983 Act which takes effect on the day of the poll.
(2) Where any other ordinary Authority election in the Assembly constituency is contested, the same list referred to in paragraph (1) may be used for the election and each Authority election, and where it is so used, an entry in that list must be taken to mean that ballot papers were delivered in respect of each Authority election, unless the list identifies the election for which a tendered ballot paper was delivered.
46.—(1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer must adjourn the proceedings till the following day and must forthwith give notice to the CRO.
(2) Where the poll is adjourned at any polling station—
(a)the hours of polling on the day to which it is adjourned must be the same as for the original day, and
(b)references in these Rules to the close of the poll must be construed accordingly.
(3) As soon as practicable after being informed of the adjournment of a poll, the CRO must inform the GLRO of that fact and of the cause of its adjournment.
47.—(1) As soon as practicable after the close of the poll, the presiding officer must, in the presence of the polling agents, make up into separate packets, sealed with his own seal and the seals of such polling agents as desire to affix their seals—
(a)each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with the key attached,
(b)the unused and spoilt ballot papers placed together,
(c)the tendered ballot papers,
(d)the marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the list of proxies,
(e)the list prepared under rule 19, including the part completed in accordance with rule 39(1)(b) (together referred to in these Rules as “the completed corresponding number list”),
(f)the certificates as to employment on duty on the day of the poll,
(g)the tendered votes list, the list of voters with disabilities assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters whose votes are so marked by the presiding officer under the heads “disability” and “unable to read”, the list maintained under rule 45, and the declarations made by the companions of voters with disabilities,
and must deliver the packets or cause them to be delivered to the CRO to be taken charge of by him; but if the packets are not delivered by the presiding officer personally to the CRO, the arrangements for their delivery must be approved by the CRO.
(2) The contents of the packets referred to in paragraph (1)(b), (c) and (f) must not be combined with the contents of the packets made under the corresponding rule that applies at any other Authority election.
(3) The marked copies of the register of electors and of the list of proxies must be in one packet but must not be in the same packet as the completed corresponding number list or the certificates as to employment on duty on the day of the poll.
(4) The packets must be accompanied by a statement (“ballot paper account”) showing the number of ballot papers entrusted to the presiding officer, and accounting for them under the heads—
(a)ballot papers issued and not otherwise accounted for,
(b)unused ballot papers,
(c)spoilt ballot papers, and
(d)tendered ballot papers.
(5) The statement referred to in paragraph (4) may be combined with the statements produced in relation to other Authority elections and the combined statement must be arranged in such manner as the GLRO may direct.
48.—(1) As soon as practicable after the close of the poll, the CRO must make arrangements for carrying out, in the presence of the counting agents, the verification and the counting of the votes at the election and must give to the counting agents notice in writing of the time and place at which he will begin to verify and count the votes.
(2) No person other than—
(a)the CRO and his clerks and technical assistants,
(b)the GLRO,
(c)the candidates and one other person chosen by each of them,
(d)the election agents,
(e)the counting agents,
(f)persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act,
may be present at the verification and counting of the votes, unless permitted by the CRO to attend.
(3) A person not entitled to attend the local verification and count must not be permitted to do so by the CRO unless he—
(a)is satisfied that the efficient conduct of those proceedings will not be impeded, and
(b)has either consulted the election agents or thought it impracticable to do so.
(4) The CRO must give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.
49.—(1) The GLRO may provide the CRO with an electronic counting system consisting of computer hardware, software and other equipment or services, for the purpose of counting the number of ballot papers, to verify the ballot paper accounts and to count the votes cast on them.
(2) Any verification of ballot paper accounts, count or re-count at the election conducted using the electronic counting system must be conducted in accordance with rule 50.
(3) If the GLRO has provided the CRO with an electronic counting system for use at the election, the CRO must obtain the prior written consent of the GLRO before he may conduct the verification of ballot paper accounts or count the votes manually.
(4) If the verification of ballot paper accounts, count or re-count has commenced using the electronic counting system but has not been completed, the CRO may, if he considers it appropriate, discontinue the count and instead count the votes manually.
(5) Where the count or a re-count has been conducted using the electronic counting system, the CRO may, if he considers it appropriate, conduct any re-count without using that system.
(6) Where verification or any count or re-count is conducted using the electronic counting system, any of the steps referred to rule 50, in so far as practicable, may be undertaken—
(a)concurrently with any other of those steps, or
(b)in a different order.
50.—(1) The CRO must—
(a)open the ballot boxes from each polling station together, in the presence of the counting agents appointed for the purposes of the election and any other Authority election,
(b)cause the electronic counting system to count such of the postal ballot papers as have been duly returned in accordance with paragraphs (2) and (3) and record separately the number counted,
(c)not mix the contents of any ballot box with the contents of any other ballot box during the conduct of any count or re-count.
(2) A postal ballot paper must not be taken to be duly returned unless—
(a)it is returned in the manner set out in paragraph (3) and reaches the CRO or any polling station in the Assembly constituency that includes the electoral area for which the elector is registered as a local government elector, before the close of the poll,
(b)the postal voting statement, duly signed, is also returned in the manner set out in paragraph (3) and reaches him or such polling station before that time,
(c)the postal voting statement also states the date of birth of the elector or proxy (as the case may be), and
(d)in a case where the steps for verifying the date of birth and signature of an elector or proxy have been prescribed by regulations made under the 1983 Act M9, the CRO (having taken such steps) verifies the date of birth and signature of the elector or proxy (as the case may be).
(3) The manner in which any postal paper or postal voting statement may be returned—
(a)to the CRO, is by hand or by post,
(b)to a polling station in the Assembly constituency, is by hand.
(4) After completing the proceedings under paragraph (1), the CRO must cause the electronic counting system to process the ballot papers so as to count—
(a)the number of ballot papers, and
(b)votes given on the ballot papers.
(5) The CRO must not cause the electronic counting system to count any tendered ballot paper.
(6) The CRO must verify each ballot paper account by comparing it with the number of ballot papers processed by the electronic counting system, and the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and must draw up a statement as to the result of the verification, which any election agent may copy.
(7) The CRO, while verifying the ballot paper accounts and counting the votes, must take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers.
(8) The CRO must so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that the hours between 5 in the afternoon and 10 on the following morning may be excluded with the prior consent of the GLRO.
(9) During the time so excluded the CRO must—
(a)place the ballot papers and other documents relating to the election under his own seal and the seals of such of the counting agents as desire to affix their seals, and
(b)otherwise take proper precautions for the security of the papers and documents.
Marginal Citations
M9See regulation 85 and 85A of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341), which were inserted by S.I. 2006/2910.
51.—(1) Any ballot paper—
(a)which does not bear the official mark,
(b)on which votes are given for more than one party or individual candidate,
(c)on which anything is written or marked by which the voter can be identified except the printed number and other unique identifying mark on the back,
(d)which is unmarked, or
(e)which is void for uncertainty,
is, subject to paragraph (2), void and must not be counted.
(2) A ballot paper on which the vote is marked—
(a)elsewhere than in the proper place, or
(b)otherwise than by means of a cross, or
(c)by more than one mark,
must not for such reason be void if an intention that the vote be given for one only of the party or individual candidates clearly appears, and the way the paper is marked does not itself identify the voter and it is not shown that he can be identified by it.
(3) Where the electronic counting system identifies a ballot paper that has been marked, but which appears for whatever reason to be void, it must be examined by a clerk appointed by the CRO in the manner referred to in paragraph (6).
(4) If the clerk, having examined the ballot, considers that the vote is void then the CRO must examine it in the manner referred to in paragraph (6).
(5) After the CRO examines the ballot paper, he must give his decision as to the validity of the vote.
(6) An examination under paragraph (3) or (4) is to be made by the clerk or CRO examining an image of the ballot paper which is shown on a screen so as to be visible to those attending the count.
(7) The CRO may examine any ballot paper that he is not required to examine in accordance with paragraph (4)—
(a)either in the manner referred to in paragraph (6), or
(b)by examining a paper copy,
and where the CRO does so, he must give a decision on that paper in accordance with paragraph (5).
(8) No person attending the count is to be entitled to require the clerk or CRO to examine a ballot paper or to provide a paper copy for inspection.
(9) A record of the CRO's decision must be retained in the electronic counting system together with, in the case of a decision that the ballot paper is void, his reasons by reference to paragraph (1).
(10) Where a counting agent objects to the CRO's decision the CRO must record on the electronic counting system that the decision was objected to.
(11) The CRO must draw up a statement showing the number of ballot papers rejected under the several heads of—
(a)want of an official mark,
(b)voting for more than one party or individual candidate,
(c)writing or mark by which the voter could be identified,
(d)unmarked ballot paper, or
(e)void for uncertainty.
(12) As soon as practicable after the completion of the statement under paragraph (11) the CRO must inform—
(a)such candidates, election agents and counting agents as are present at the count, and
(b)the GLRO,
of its contents.
52. The decision of the CRO on any question arising in respect of a ballot paper is final, but may be subject to review on an election petition.
53.—(1) A candidate or his election agent (including, in the case of a list candidate, the election agent for that list) or a counting agent authorised under rule 31(3) may, if present when the counting or any re-count of the votes is completed, require the CRO to have the votes re-counted or again re-counted but the CRO may refuse to do so if in his opinion the request is unreasonable.
(2) No step may be taken on the completion of the counting or any re-count of votes until the candidates and election agents and counting agents authorised under rule 31(1) present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.
(3) The CRO may determine the extent to which any re-count involves the electronic counting of votes.
(4) When the returning officer uses the electronic counting system for the re-counting of votes, he must not re-consider any decision made on any ballot paper under rule 51(5).
54.—(1) As soon as practicable after the conclusion of the local count (including any re-count), the CRO must draw up a statement showing—
(a)the total number of votes cast,
(b)the total number of votes rejected under rule 51,
(c)the number of votes given for each registered party, and
(d)the number of votes cast for each individual candidate.
(2) As soon as practicable after the statement is drawn up under paragraph (1), the CRO must inform the GLRO of its contents, and if it is practicable to do so, must also provide that information so as to show the total number of votes under each of those heads in each ward.
(3) As soon as practicable after the GLRO has authorised him to do so, the CRO must—
(a)inform such of the candidates and their election agents as are then present of the content of the statements prepared in accordance with rule 51 and paragraph (1) of this rule, and
(b)give public notice of the contents of those statements.
55.—(1) The GLRO must make arrangements for making the allocation of seats in the presence of the election agents of the individual candidates (including, in the case of a list candidate, the election agent for that list), and he must give to those agents notice in writing of the time and place at which he will begin the allocation.
(2) No person other than—
(a)the GLRO and his clerks,
(b)the CROs and a clerk or technical assistant chosen by each of them,
(c)the individual candidates and one person chosen by each of them,
(d)candidates included on a party list and one person chosen by each of them,
(e)the election agents,
(f)the nominating officers of those registered parties standing nominated at the election,
(g)persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act,
(h)persons permitted to be present at the central calculation at the election of the Mayor of London,
may be present at an allocation, unless permitted by the GLRO to attend.
(3) A person not entitled to attend an allocation must not be permitted to do so by the GLRO unless the GLRO—
(a)is satisfied that the efficiency of the allocation will not be impeded, and
(b)has either consulted the election agents or thought it impracticable to do so.
56.—(1) As soon as the GLRO has received from every CRO the information required by rule 54 he must calculate the London figure for each registered party and individual candidate.
(2) As soon as the GLRO has ascertained the result of the calculation, he must inform such of the election agents for the candidates as are then present of the relevant figures and must give them a reasonable opportunity to satisfy themselves as to the accuracy of the calculation.
(3) Where information of the description mentioned in paragraph (4)(e) is given in accordance with paragraph (2), the GLRO must provide the persons to whom it was given with a statement containing—
(a)the names of the persons concerned, and
(b)with respect to each such person, the name of the party from whose list his name has been omitted or treated as omitted, and the reason therefor.
(4) In this rule, “the relevant figures” means—
(a)the number of London votes given in the Assembly constituencies for each registered party and for each individual candidate at that election,
(b)in respect of each party, the number of successful candidates to be constituency members, who were the subject of that party's authorisation under rule 6(5) or 6(7) of the Combined Constituency Members Election Rules,
(c)the calculation of the London figure,
(d)any recalculation required by paragraph 8(3), or carried out in the circumstances mentioned in paragraph 8(8), of Schedule 2 to the 1999 Act, and
(e)the number of persons whose names have been omitted from, or (pursuant to paragraph 8(10) of Schedule 2 to the 1999 Act) who are to be treated as ceasing to be on, a party list.
(5) Paragraph (6) applies where the GLRO is notified under rule 54(5) of the Constituency Members Election Rules that a candidate who is returned as a constituency member is the candidate with a description authorised under rule 6(7)(a) of those rules (a using a description registered by more than one party).
(6) Where this paragraph applies, the GLRO must, in calculating the London figure of each registered party whose nominating officer issued a certificate to which rule 6(7)(a) of the Constituency Members Election Rules refers, include that candidate as a candidate of that party; and in doing so must disregard the fact that for the purposes of calculating the London figure of another registered party, the candidate is also included as the candidate of that other registered party.
57.—(1) The GLRO must declare the allocation of the seats for London members and, where seats are allocated to a registered party, the names of the persons on the party list who, in accordance with paragraph 8(5) of Schedule 2 to the 1999 Act, are to fill those seats.
(2) The GLRO must give public notice of—
(a)the registered parties to which seats for London members have been allocated and the names of the list candidates by whom those seats are to be filled,
(b)the names of the successful individual candidates,
(c)the total number of London votes given for each registered party and each individual candidate,
(d)the total number of candidates of registered parties returned as constituency members,
(e)the number of rejected ballot papers under each head shown in the statement of rejected ballot papers,
(f)the name of every person included on a party list who has been omitted from, or (pursuant to paragraph 8(10) of Schedule 2 to the 1999 Act) is to be treated as ceasing to be on, that list, together with the reason for the omission or cessation, as the case may be.
(3) Subject to paragraph (4), after the GLRO complies with paragraphs (1) and (2), he may give public notice of the information referred to paragraph (2)(c) and (e) so as to set out the number of votes falling under each of those heads, in respect of each ward.
(4) Where the sum of first preference votes given for all registered parties and individual candidates in any ward does not exceed 500, the GLRO must not give notice under paragraph (3) in respect of that ward alone, but must amalgamate the figures for that ward with those for any other ward in which more than 500 votes have been given, in the same Assembly constituency.
58.—(1) Unless forfeited in accordance with paragraph (5), the deposit made under rule 10 must be returned to the person making it or his personal representative.
(2) Subject to paragraph (4), the deposit must be returned not later than the next day after that on which the result of the election is declared.
(3) For the purposes of paragraph (2)—
(a)a day must be disregarded if, in accordance with rule 4, it would be disregarded in computing any period of time for the purposes of the timetable for the election, and
(b)the deposit will be treated as being returned on a day if a cheque for the amount of the deposit is posted on that day.
(4) If the individual candidate or registered party is not shown as standing nominated in the statement of persons nominated, or if proof has been given to the GLRO before the allocation of seats of the death of an individual candidate, then the deposit must be returned as soon as practicable after the publication of the statement or after the individual candidate's death, as the case may be.
(5) Where a poll is taken, if, after the declaration under rule 57, a candidate or registered party is found not to have polled more than one-fortieth of the total number of votes polled by all the candidates and registered parties, the deposit must be forfeited to the Greater London Authority.
59.—(1) On the completion of the counting at a contested election the CRO must seal up in separate packets the counted and rejected ballot papers.
(2) Where some or all of the votes have been counted using the electronic counting system, the CRO must also seal up in a separate packet a complete electronic record (“the electronic record”) of the information stored in the electronic counting system, held in such device as may be suitable for the purpose of its storage.
(3) After making the electronic record under paragraph (2), the CRO must arrange for the original records in the electronic counting system to be removed from it and destroyed in a manner that ensures that the secrecy of those records is preserved.
(4) The CRO must not open the sealed packets of—
(a)tendered ballot papers,
(b)certificates as to employment on duty on the day of the poll,
(c)the completed corresponding number lists, or
(d)marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and lists of proxies.
60.—(1) The CRO must then forward the following documents to the relevant registration officer—
(a)the packets of ballot papers in his possession,
(b)the packet containing the electronic record (if any),
(c)the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts,
(d)the tendered votes lists, the lists of voters with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, the lists maintained under rule 45 and the declarations made by the companions of voters with disabilities,
(e)the packets of the completed corresponding number lists,
(f)the packets of certificates as to employment on duty on the day of the poll, and
(g)the packets containing marked copies of registers (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the postal voters list, of the lists of proxies and of the proxy postal voters list,
endorsing on each packet a description of its contents, the date of the election to which they relate and the name of the Assembly constituency for which the election was held.
61.—(1) An order—
(a)for the inspection or production of any rejected ballot papers in the custody of the relevant registration officer, or
(b)for the opening of a packet containing the electronic record or a sealed packet of completed corresponding number lists or certificates as to employment on duty on the day of the poll or the inspection of any counted ballot papers in the custody of the relevant registration officer,
may be made by a county court, if the court is satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of an election petition.
(2) An election court may make an order for the opening of a packet containing the electronic record or a sealed packet of completed corresponding number lists or certificates or for the inspection of any counted ballot papers in the custody of the relevant registration officer.
(3) An order under this rule may be made subject to such conditions as to—
(a)persons,
(b)time,
(c)place and mode of inspection,
(d)production or opening,
as the court making the order thinks expedient; but in making and carrying into effect an order for the opening of a packet containing the electronic record or a packet of completed corresponding number lists or certificates or for the inspection of counted ballot papers, care must be taken that the way in which the vote of any particular elector has been given must not be disclosed until it has been proved—
(i)that his vote was given, and
(ii)that the vote has been declared by a competent court to be invalid.
(4) An appeal lies to the High Court from any order of a county court under this rule.
(5) Any power given under this rule to a county court may be exercised by any judge of the court otherwise than in open court.
(6) Where an order is made for the production by the relevant registration officer of any document or electronic record in his custody relating to any specified election—
(a)the production by him or his agent of the document or electronic record ordered in such manner as may be directed by that order will be conclusive evidence that the document or electronic record relates to the specified election, and
(b)any endorsement on any packet of ballot papers so produced will be prima facie evidence that the ballot papers are what they are stated to be by the endorsement.
(7) The production from proper custody of—
(a)a ballot paper purporting to have been used at any election, or
(b)a copy of the electronic record which purports to record that a particular ballot paper was used at any election, and
a completed corresponding number list with a number written beside the number of the ballot paper, will be prima facie evidence that the elector whose vote was given by that ballot paper was the person who, at the time of the election, had affixed to his entry in the register of electors or on the notice issued under section 13B(3B) or (3D) of the 1983 Act, the same number as was written on the completed corresponding number list.
(8) Unless authorised by this rule, no person may be allowed to inspect any rejected or counted ballot papers in the custody of the relevant registration officer or open any sealed packets of completed corresponding number lists, certificates as to employment on the day of the poll or containing the electronic record.
62. The relevant registration officer must retain or cause to be retained for one year all documents and, where applicable, the electronic record relating to an election forwarded to him in pursuance of these Rules by a CRO, and then, unless otherwise directed by an order of a county court, a Crown Court, a magistrate's court or an election court, must cause them to be destroyed.
63. In this Part—
“dual candidate” means a person—
whose name, subject to rule 65, falls to be notified as mentioned in subsection (6) of section 11 (filling a vacancy among the London members) of the 1999 Act, and
who is a candidate (otherwise than at an ordinary election) for election—
as the Mayor of London, or
as a constituency member,
“nominating officer”, in relation to a registered party and a vacancy in the office of a London member, means the person who holds that office in the party at the time at which the vacancy arises, and
“paragraph (1) notice” has the meaning given by rule 65(1).
64.—(1) Where a person whose name is for the time being included in a party list is elected (otherwise than at an ordinary election)—
(a)as the Mayor of London, or
(b)as a constituency member,
his name must be removed from that list.
(2) For the purposes of this Part, the name of a person to whom paragraph (1) applies must be treated as ceasing to be included in the list from the date on which he is returned as the Mayor or a constituency member, as the case may be (even if his return is void).
(3) Where proof is given to the GLRO's satisfaction that a person whose name is for the time being included in a party list has died, then the GLRO must remove that person's name from that list.
65.—(1) As soon as the office of a London member who was returned from a registered party's list becomes vacant, the GLRO must simultaneously give or send to—
(a)the party's nominating officer, and
(b)the person whose name would, in accordance with subsection (6) of section 11 (filling a vacancy among the London members) of the 1999 Act (and on the assumption that he satisfies the conditions in subsection (4) of that section), be so notified,
written notice (“paragraph (1) notice”) of the matters specified in paragraph (2).
(2) The matters specified in this paragraph are–
(a)the vacancy,
(b)that the nominating officer may, by notice in writing delivered to the GLRO not later than one month after the date of the paragraph (1) notice, give the notice referred to in subsection (5)(b) of section 11 of the 1999 Act, and
(c)that the person must, by notice in writing delivered to the GLRO not later than one month after the date of the paragraph (1) notice, indicate whichever of the following apply to him—
(i)that he is willing to serve as a London member (“notice of willingness”),
(ii)that he is not willing to serve as a London member, and
(iii)that he is a dual candidate.
(3) The GLRO must not notify the Chair of the London Assembly as mentioned in section 11(3) of the 1999 Act until—
(a)the period mentioned in paragraph (2)(b) has elapsed, and
(b)he has received a notice of willingness, and
(c)if the person by whom notice of willingness has been given is a dual candidate, the result of the election for which he is a Mayoral or constituency member candidate has been declared.
66. Where the GLRO receives a notice under rule 65(2)(c)(ii) or section 11(5)(b) of the 1999 Act he must again send a paragraph (1) notice, but with the substitution, for the name of the person to whom the first such notice was sent, of the name of the person who, on the same assumption, would be the next person whose name would be notified in accordance with section 11(6) of that Act; and so on until, in respect of such a person—
(a)no notice is given under section 11(5)(b) of that Act, and
(b)a notice of willingness has been received.
67.—(1) As soon as practicable after the GLRO has identified the person who is to fill the vacancy, he must invite him to attend at his office to sign the declaration of acceptance of office.
(2) In a case to which section 11(3) of the 1999 Act applies, as soon as practicable after the declaration of acceptance of office has been signed, the GLRO must notify the Chair of the London Assembly as mentioned in that subsection.
68.—(1) Subject to paragraph (2), the form of the declaration required by section 82(1) of the 1983 Act (agent's declaration as to election expenses), in the circumstances mentioned in subsection (2A)(a) of that section, is that set out in part 1 of Form 20 of the Forms Schedule.
(2) In a case to which section 82(5A) of the 1983 Act applies, the declaration referred to in paragraph (1) must be modified as specified in part 2 of Form 20.
(3) Subject to paragraph (4), the form of the declaration required by section 82(2) of the 1983 Act (candidate's declaration as to election expenses), in the circumstances mentioned in subsection (2A)(b) of that section must be that set out in part 1 of the Form 21 of the Forms Schedule.
(4) In a case to which section 82(5A) of the 1983 Act applies, the declaration referred to in paragraph (3) must be modified as specified in part 2 of Form 21.