The Greater London Authority Elections (Amendment) Rules 2019

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Greater London Authority Elections (Amendment) Rules 2019 and come into force on 31st December 2019.

(2) In these Rules “the 2007 Rules” means the Greater London Authority Elections Rules 2007(1).

Savings

2.  The amendments made to the 2007 Rules by these Rules do not apply in relation to any election in respect of which the date of the poll stated in the notice of election is before 7th May 2020.

Amendment of Schedules 1 and 5 to the 2007 Rules

3.—(1) Schedules 1 (Constituency Members Election Rules) and 5 (Constituency Members Election Rules: Authority elections combined with another election or referendum) to the 2007 Rules are amended in accordance with this rule.

(2) In this rule, a reference to a rule by a number, is a reference to that rule so numbered in Schedule 1 and in Schedule 5 to the 2007 Rules.

(3) In rule 6 (nomination of candidates)—

(a) in paragraph (2)—

(i) in sub-paragraph (a), after “names,” insert “and”;

(ii) omit sub-paragraph (b) and the “and” at the end of that sub-paragraph;

(b) after paragraph (9), insert—

“(9A) The nomination paper must be accompanied by a form (in this Schedule referred to as “the home address form”) which states—

(a) the candidate’s—

(i) full names,

(ii) home address in full, and

(iii) qualifying address or, if the candidate declares that they are qualified by more than one of the qualifications mentioned in paragraph (9D), qualifying addresses;

(b) in relation to each qualifying address, which of the qualifications mentioned in paragraph (9D) that address relates to;

(c) the attesting person’s—

(i) full names, and

(ii) home address in full.

(9B) The home address form—

(a) may contain a statement made and signed by the candidate that the candidate requires their home address not to be made public, and

(b) if it does so, must—

(i) where the candidate’s home address is in the United Kingdom, state the name of the relevant area;

(ii) where the candidate’s home address is outside the United Kingdom, state the country in which it is situated.

(9C) The provisions in paragraph (1)(b) about the delivery of the nomination paper also apply to the home address form.

(9D) In this rule, “qualifying address”, in relation to a candidate, means—

(a) if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of being registered as a local government elector for Greater London, the address at which they are so registered;

(b) if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of occupying as owner or tenant any land or other premises in Greater London, a description and address of that land or those premises;

(c) if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of their principal or only place of work being in Greater London, the address of that place of work;

(d) if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of residing in Greater London, the address, or addresses, at which the candidate has so resided.

(9E) In this rule—

“attesting person”, in relation to a candidate, means the person who attests the candidate’s consent to nomination in accordance with rule 7(1)(b);

“relevant area” means—

(a)

in relation to a home address in England—

(i)

if the address is within a district for which there is a district council, that district;

(ii)

if the address is within a county for which there are no districts with councils, that county;

(iii)

if the address is within a London borough, that London borough;

(iv)

if the address is within the City of London (including the Inner and Middle Temples), the City of London;

(v)

if the address is within the Isles of Scilly, the Isles of Scilly;

(b)

in relation to a home address in Wales—

(i)

if the address is within a county, that county;

(ii)

if the address is within a county borough, that county borough;

(c)

in relation to a home address in Scotland, the local government area in which the address is situated;

(d)

in relation to a home address in Northern Ireland, the local government district in which it is situated.”.

(4) In rule 7 (consent to nomination)—

(a) in paragraph (1)(b), omit “whose name and address must be given”;

(b) in paragraph (2), omit sub-paragraph (b)(ii)(2).

(5) In rule 9 (decisions as to validity of nomination papers)—

(a) in paragraph (1)—

(i) after “consent to it”, insert “and a home address form”;

(ii) after sub-paragraph (a), insert—

“(aa) the CRO decides that the home address form—

(i) does not comply with the requirements of rule 6(9A), or

(ii) if the form contains a statement under rule 6(9B)(a), does not comply with the signature requirement in that rule or with the requirements of rule 6(9B)(b), or”;

(b) in paragraph (3), for “has been delivered, examine it” substitute “and home address form have been delivered, examine them”;

(c) in paragraph (6), for “nomination paper” in the second place it occurs, substitute “home address form”.

(6) In rule 10 (publication of statement of persons nominated)—

(a) in paragraph (2), omit “, addresses”;

(b) after paragraph (2), insert—

“(2A) The statement must also show the following information contained in the home address form—

(a) where a person nominated has made the statement mentioned in rule 6(9B)(a) requiring their home address not to be made public, the information mentioned in rule 6(9B)(b),

(b) in any other case, the home address of the person nominated.”;

(c) after paragraph (6), insert—

“(6A) Where—

(a) two or more of the names shown on the statement are the same or so similar it is likely to cause confusion,

(b) each of the persons in question has made the statement mentioned in rule 6(9B)(a), and

(c) the information mentioned in rule 6(9B)(b) is the same for each of them,

the CRO may cause any of their particulars to be shown on the statement with such amendments or additions as the CRO thinks appropriate in order to reduce the likelihood of confusion.

(6B) Where it is practicable to do so before the publication of the statement, the CRO must consult any person whose particulars are to be amended or added to under paragraph (6A).

(6C) The CRO must give notice in writing to any person whose particulars are amended or added to under paragraph (6A).

(6D) Anything done by the CRO in pursuance of paragraph (6A) must not be questioned in any proceedings other than proceedings on an election petition.

(6E) The CRO must have regard to any guidance issued by the Electoral Commission for the purposes of paragraph (6A).”.

(7) In rule 11 (correction of minor errors)—

(a) in paragraph (1), after “nomination paper” insert “or home address form”;

(b) after paragraph (2)(b), insert—

“(c) errors as to the information mentioned in rule 6(9B)(b).”.

(8) After rule 12 insert—

“Inspection of home address forms

12A.— (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, the following may inspect the home address form of a candidate (“candidate A”)—

(a) a person standing nominated as a candidate in the same electoral area as candidate A (“candidate B”),

(b) candidate B’s election agent, or

(c) where candidate B acts as their own election agent, a person nominated by candidate B.

(2) Inspection under paragraph (1) may not take place on a day that is specified in rule 4(1).

(3) Nothing in this rule permits any person to take a copy of, or extracts from, any home address form.

(4) The CRO must not permit a home address form to be inspected otherwise than in accordance with this rule, or for some other purpose authorised by law.”.

(9) In Part 6, after rule 59 insert—

“Destruction of home address forms

59A.— (1) The CRO must destroy each candidate’s home address form—

(a) on the next working day following the 35th day after the CRO has returned the name of the person elected, or

(b) if an election petition questioning the election or return is presented before that day, as soon as practicable following the conclusion of proceedings on the petition or on appeal from such proceedings.

(2) In this rule, “working day” means a day other than—

(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.

(3) For the purposes of paragraph (2), “bank holiday” has the meaning given in rule 4(2).”.

Amendment of Schedules 2 and 6 to the 2007 Rules

4.—(1) Schedules 2 (London Members Election Rules) and 6 (London Members Election Rules: Authority elections combined with another election or referendum) to the 2007 Rules are amended in accordance with this rule.

(2) In this rule, a reference to a rule by a number, is a reference to that rule so numbered in Schedule 2 and in Schedule 6 to the 2007 Rules.

(3) In rule 6(2) (nomination of candidates: individual candidates)—

(a) in sub-paragraph (a), after “names,” insert “and”;

(b) omit sub-paragraph (b) and the “and” at the end of that sub-paragraph.

(4) In rule 7 (nomination of candidates: list candidates), in paragraph (2)(c), omit “and home addresses”.

(5) In rule 8 (nomination papers: general provisions), after paragraph (4) insert—

“(4A) Subject to paragraph (4C), the nomination paper must be accompanied by a form (in this Schedule referred to as “the home address form”) which states—

(a) the candidate’s—

(i) full names,

(ii) home address in full, and

(iii) qualifying address or, if the candidate declares that they are qualified by more than one of the qualifications mentioned in paragraph (4E), qualifying addresses;

(b) in relation to each qualifying address, which of the qualifications mentioned in paragraph (4E) that address relates to;

(c) the attesting person’s—

(i) full names, and

(ii) home address in full.

(4B) The home address form—

(a) may contain a statement made and signed by the candidate that the candidate requires their home address not to be made public, and

(b) if it does so, must—

(i) where the candidate’s home address is in the United Kingdom, state the name of the relevant area;

(ii) where the candidate’s home address is outside the United Kingdom, state the country in which it is situated.

(4C) The nomination paper of a registered party must be accompanied by a home address form for each candidate included on the party list which accompanies that nomination paper.

(4D) The provisions in paragraph (3) about the delivery of the nomination paper also apply to each home address form.

(4E) In this rule, “qualifying address”, in relation to a candidate, means—

(a) if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of being registered as a local government elector for Greater London, the address at which they are so registered;

(b) if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of occupying as owner or tenant any land or other premises in Greater London, a description and address of that land or those premises;

(c) if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of their principal or only place of work being in Greater London, the address of that place of work;

(d) if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of residing in Greater London, the address, or addresses, at which the candidate has so resided.

(4F) In this rule—

“attesting person”, in relation to a candidate, means the person who attests the candidate’s consent to nomination in accordance with rule 9(1)(b);

“relevant area” means—

(a)

in relation to a home address in England—

(i)

if the address is within a district for which there is a district council, that district;

(ii)

if the address is within a county in which there are no districts, that county;

(iii)

if the address is within a London borough, that London borough;

(iv)

if the address is within the City of London (including the Inner and Middle Temples), the City of London;

(v)

if the address is within the Isles of Scilly, the Isles of Scilly;

(b)

in relation to a home address in Wales—

(i)

if the address is within a county, that county;

(ii)

if the address is within a county borough, that county borough;

(c)

in relation to a home address in Scotland, the local government area in which the address is situated;

(d)

in relation to a home address in Northern Ireland, the local government district in which it is situated.”.

(6) In rule 9 (consent to nomination)—

(a) in paragraph (1)(b), omit “whose name and address must be given”;

(b) in paragraph (2), omit sub-paragraph (c)(ii)(3).

(7) In rule 12 (publication of statement of persons nominated)—

(a) in paragraph (5)—

(i) in sub-paragraph (b), omit “and home addresses”;

(ii) in sub-paragraph (c), omit “, addresses”;

(b) after paragraph (5) insert—

“(5A) The statement must also show the following information contained in the home address form—

(a) where the statement in rule 8(4B)(a) is made requiring the home address of the candidate not to be made public, the information mentioned in rule 8(4B)(b);

(b) in any other case, the home address of the person nominated.

(5B) Where—

(a) two or more of the names shown on the statement are the same or so similar it is likely to cause confusion,

(b) each of the persons in question has made the statement mentioned in rule 8(4B)(a), and

(c) the information mentioned in rule 8(4B)(b) is the same for each of them,

the GLRO may cause any of their particulars to be shown on the statement with such amendments or additions as the GLRO thinks appropriate in order to reduce the likelihood of confusion.

(5C) Where it is practicable to do so before the publication of the statement, the GLRO must consult any person whose particulars are to be amended or added to under paragraph (5B).

(5D) The GLRO must give notice in writing to any person whose particulars are amended or added to under paragraph (5B).

(5E) Anything done by the GLRO in pursuance of paragraph (5B) must not be questioned in any proceedings other than proceedings on an election petition.

(5F) The GLRO must have regard to any guidance issued by the Electoral Commission for the purposes of paragraph (5B).”.

(8) In rule 13 (correction of minor errors)—

(a) in paragraph (1), after “nomination paper” insert “or home address form”;

(b) after paragraph (2)(b), insert—

“(c) errors as to the information mentioned in rule 8(4B)(b).”.

(9) After rule 14—

“Inspection of home address forms: individual candidates and list candidates

14A.— (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, the following may inspect the home address form of a candidate (“candidate A”)—

(a) a person standing nominated as an individual candidate or a list candidate in the same electoral area as candidate A (“candidate B”),

(b) candidate B’s election agent,

(c) where candidate B acts as their own election agent, or, where candidate B is a list candidate and acts as the election agent for the candidates included in that list, a person nominated by candidate B,

(d) the nominating officer of a registered party standing nominated in the same electoral area as candidate A, or

(e) a person authorised in writing by that nominating officer.

(2) Inspection under paragraph (1) may not take place on a day that is specified in rule 4(1).

(3) Nothing in this rule permits any person to take a copy of, or extracts from, any home address form.

(4) The GLRO must not permit a home address form to be inspected otherwise than in accordance with this rule, or for some other purpose authorised by law.”.

(10) In Part 6, after rule 62 insert—

“Destruction of home address forms

62A.— (1) The GLRO must destroy each candidate’s home address form—

(a) on the next working day following the 35th day after the GLRO has returned the names of the candidates elected, or

(b) if an election petition questioning the election or return is presented before that day, as soon as practicable following the conclusion of proceedings on the petition or on appeal from such proceedings.

(2) In this rule, “working day” means a day other than—

(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.

(3) For the purposes of paragraph (2), “bank holiday” has the meaning given in rule 4(2).”.

Further amendment of Schedule 2 to the 2007 Rules

5.—(1) Schedule 2 to the 2007 Rules is also amended by this rule.

(2) In rule 11 (decisions as to the validity of nomination papers)—

(a) in paragraph (1)—

(i) after “consent to it”, insert “and a home address form”;

(ii) after sub-paragraph (a), insert—

“(aa) the GLRO decides that the candidate’s home address form—

(i) does not comply with the requirements of rule 8(4A), or

(ii) if the form contains a statement under rule 8(4B)(a), does not comply with the signature requirement in that rule or the requirements of rule 8(4B)(b), or”;

(b) in paragraph (2), after “candidate”, in the first place it occurs, insert “and a home address form in respect of each candidate”;

(c) in paragraph (3), for “has been delivered, the GLRO must examine it” substitute “and each home address form have been delivered, the GLRO must examine them”;

(d) in paragraph (6), after sub-paragraph (d) insert—

“(e) the candidate’s home address form—

(i) does not comply with the requirements of rule 8(4A), or

(ii) if the form contains a statement under rule 8(4B)(a), does not comply with the signature requirement in that rule or the requirements of rule 8(4B)(b),”;

(e) in paragraph (8)(a), for “nomination paper” substitute “home address form”.

Further amendment of Schedule 6 to the 2007 Rules

6.—(1) Schedule 6 to the 2007 Rules is also amended by this rule.

(2) In rule 11 (decisions as to the validity of nomination papers)—

(a) in paragraph (1)—

(i) after “consent to it”, insert “and a home address form”;

(ii) after sub-paragraph (a), insert—

“(aa) the GLRO decides that the candidate’s home address form—

(i) does not comply with the requirements of rule 8(4A), or

(ii) if the form contains a statement under rule 8(4B)(a), does not comply with the signature requirement in that rule or the requirements of rule 8(4B)(b) , or”;

(b) in paragraph (2), after “candidate”, in the first place it occurs, insert “and a home address form in respect of each candidate”;

(c) in paragraph (3), for “has been delivered, GLRO must examine it” substitute “and each home address form have been delivered, the GLRO must examine them”;

(d) in paragraph (5)(a), for “rule 8(3)” substitute “rule 7(3)”;

(e) in paragraph (6)—

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

(ii) after sub-paragraph (d), insert—

“or

(e) the candidate’s home address form—

(i) does not comply with the requirements of rule 8(4A), or

(ii) if the form contains a statement under rule 8(4B)(a), does not comply with the signature requirement in that rule or the requirements of rule 8(4B)(b),”;

(f) in paragraph (8)(a), for “nomination paper”, substitute “home address form”.

Amendment of Schedules 3 and 7 to the 2007 Rules

7.—(1) Schedules 3 (Mayoral Election Rules) and 7 (Mayoral Election Rules: Authority elections combined with another election or referendum) to the 2007 Rules are amended in accordance with this rule.

(2) In this rule, a reference to a rule by a number, is a reference to that rule so numbered in Schedule 3 and in Schedule 7 to the 2007 Rules.

(3) In rule 6 (nomination of candidates)—

(a) in paragraph (2)—

(i) in sub-paragraph (a), after “names,” insert “and”;

(ii) omit sub-paragraph (b) and the “and” immediately after that sub-paragraph;

(b) after paragraph (9) insert—

“(9A) The nomination paper must be accompanied by a form (in this Schedule referred to as “the home address form”) which states—

(a) the candidate’s—

(i) full names,

(ii) home address in full, and

(iii) qualifying address or, if the candidate declares that they are qualified by more than one of the qualifications mentioned in paragraph (9D), qualifying addresses;

(b) in relation to each qualifying address, which of the qualifications mentioned in paragraph (9D) that address relates to;

(c) the attesting person’s—

(i) full names, and

(ii) home address in full.

(9B) The home address form—

(a) may contain a statement made and signed by the candidate that the candidate requires the home address not to be made public, and

(b) if it does so, must—

(i) where the candidate’s home address is in the United Kingdom, state the name of the relevant area,

(ii) where the candidate’s home address is outside the United Kingdom, state the country in which it is situated.

(9C) The provisions in paragraph (1)(b) about the delivery of the nomination paper also apply to the home address form.

(9D) In this rule “qualifying address”, in relation to a candidate, means—

(a) if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of being registered as a local government elector for Greater London, the address at which they are so registered;

(b) if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of occupying as owner or tenant any land or other premises in Greater London, a description and address of that land or those premises;

(c) if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of their principal or only place of work being in Greater London, the address of that place of work;

(d) if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of residing in Greater London, the address, or the addresses, at which the candidate has so resided.

(9E) In this rule—

“attesting person”, in relation to a candidate, means the person who attests the candidate’s consent to nomination in accordance with rule 8(1)(b);

“relevant area” means—

(a)

in relation to a home address in England—

(i)

if the address is within a district for which there is a district council, that district;

(ii)

if the address is within a county in which there are no districts, that county;

(iii)

if the address is within a London borough, that London borough;

(iv)

if the address is within the City of London (including the Inner and Middle Temples), the City of London;

(v)

if the address is within the Isles of Scilly, the Isles of Scilly;

(b)

in relation to a home address in Wales—

(i)

if the address is within a county, that county;

(ii)

if the address is within a county borough, that county borough;

(c)

in relation to a home address in Scotland, the local government area in which the address is situated;

(d)

in relation to a home address in Northern Ireland, the local government district in which it is situated.”.

(4) In rule 8 (consent to nomination)—

(a) in paragraph (1)(b), omit “whose name and address must be given”;

(b) in paragraph (2), omit sub-paragraph (b)(ii)(4).

(5) In rule 10 (decisions as to the validity of nomination papers)—

(a) in paragraph (1)—

(i) after “consent to it”, insert “and a home address form”;

(ii) after sub-paragraph (a), insert—

“(aa) the GLRO decides that the home address form—

(i) does not comply with the requirements of rule 6(9A), or

(ii) if the form contains a statement under rule 6(9B)(a), does not comply with the signature requirement in that rule or the requirements of rule 6(9B)(b), or”;

(b) in paragraph (3), for “has been delivered, examine it,” substitute “and home address form have been delivered, examine them”;

(c) in paragraph (6)(5), for “nomination paper” in the second place it occurs, substitute “home address form”.

(6) In rule 11 (publication of statement of person nominated)—

(a) in paragraph (2), omit “, addresses”;

(b) after paragraph (2), insert–

“(2A) The statement must also show the following information contained in the home address form—

(a) where the statement mentioned in rule 6(9B)(a) is made requiring the candidate’s home address not to be made public, the information mentioned in rule 6(9B)(b);

(b) in any other case, the home address of the person nominated.”;

(c) after paragraph (6), insert—

“(6A) Where—

(a) two or more of the names shown on the statement are the same or so similar it is likely to cause confusion,

(b) each of the persons in question has made the statement in rule 6(9B)(a), and

(c) the information mentioned in rule 6(9B)(b) is the same for each of them,

the GLRO may cause any of their particulars to be shown on the statement with such amendments or additions as the GLRO thinks appropriate in order to reduce the likelihood of confusion.

(6B) Where it is practicable to do so before the publication of the statement, the GLRO must consult any person whose particulars are to be amended or added to under paragraph (6A).

(6C) The GLRO must give notice in writing to any person whose particulars are amended or added to under paragraph (6A).

(6D) Anything done by the GLRO in pursuance of paragraph (6A) must not be questioned in any proceedings other than proceedings on an election petition.

(6E) The GLRO must have regard to any guidance issued by the Electoral Commission for the purposes of paragraph (6A).”.

(7) In rule 12 (correction of minor errors)—

(a) in paragraph (1), after “nomination paper”, insert “or home address form”;

(b) after paragraph (2)(b), insert—

“(c) errors as to the information mentioned in rule 6(9B)(b).”.

(8) After rule 13 insert—

“Inspection of home address forms

13A.— (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, the following may inspect the home address form of a candidate (“candidate A”)—

(a) a person standing nominated as a candidate in the same mayoral election as candidate A (“candidate B”),

(b) candidate B’s election agent,

(c) where candidate B acts as their own election agent, a person nominated by candidate B, or

(d) no more than two persons who subscribed candidate B’s nomination paper.

(2) Where a person has been nominated by more than one nomination paper, the reference in paragraph 1(d) to candidate B’s nomination paper is a reference to—

(a) the nomination paper that candidate B may select, or

(b) in the absence of such a selection, the nomination paper which was first delivered in accordance with rule 6(1)(b).

(3) Inspection under paragraph (1) may not take place on a day that is specified in rule 4(1).

(4) Nothing in this rule permits any person to take a copy of, or extracts from, any home address form.

(5) The GLRO must not permit a home address form to be inspected otherwise than in accordance with this rule, or for some other purpose authorised by law.”.

(9) In Part 7, after rule 62 insert—

“Destruction of home address forms

62A.— (1) The GLRO must destroy each candidate’s home address form—

(a) on the next working day following the 35th day after the GLRO has returned the names of the candidates elected, or

(b) if an election petition questioning the election or return is presented before that day, as soon as practicable following the conclusion of proceedings on the petition or on appeal from such proceedings.

(2) In this rule, “working day” means any day other than—

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day, Good Friday or a bank holiday,

(c) a day appointed for public thanksgiving or mourning.

(3) For the purposes of paragraph (2), “bank holiday” has the meaning given in rule 4(2).”.

Amendment of Schedule 10 to the 2007 Rules

8.  In Schedule 10 (Schedule of forms) to the 2007 Rules—

(a) for “Form 1” (Form of Nomination Paper: Constituency Member and London Member (individual) Candidates) substitute the form set out in Part 1 of the Schedule to these Rules;

(b) for “Form 2” (Form of Nomination Paper: London Member (party list) Candidates) substitute the form set out in Part 2 of that Schedule;

(c) for “Form 3” (Form of Nomination Paper: Candidate to be the Mayor of London) substitute the form set out in Part 3 of that Schedule;

(d) for “Form 4” (Candidates Consent to Nomination) substitute the form set out in Part 4 of that Schedule;

(e) for “Form 5” (Ballot paper for Constituency Member elections) substitute the form set out in Part 5 of that Schedule;

(f) for “Form 6” (Ballot paper for London Members elections) substitute the form set out in Part 6 of that Schedule;

(g) for “Form 7” (Ballot paper for Mayoral elections) substitute the form set out in Part 7 of that Schedule.

Chloe Smith

Minister for the Constitution

Cabinet Office

30th October 2019