The Local Government and Greater London Authority Elections (Miscellaneous Amendments) Regulations 2023

Regulation 1(6)

Schedule 1 E+W Transitional and savings provisions

Part 1 E+W Interpretation and general savings

Interpretation E+W

1.  In this Schedule—

“GLA Rules” means the Greater London Authority Elections Rules 2007;

“Parish Rules” means the Local Elections (Parishes and Communities) (England and Wales) Rules 2006;

“Principal Areas Rules” means the Local Elections (Principal Areas) (England and Wales) Rules 2006;

“relevant rule” means (as the case may be)—

(a)

rule 3 of Schedule 2 or rule 3 of Schedule 3 to the Principal Areas Rules;

(b)

rule 3 of Schedule 2 or rule 3 of Schedule 3 to the Parish Rules;

(c)

rule 5 of Schedule 1, rule 5 of Schedule 2, rule 5 of Schedule 3, rule 5 of Schedule 5, rule 5 of Schedule 6 or rule 5 of Schedule 7 to the GLA Rules.

Commencement Information

I1 Sch. 1 para. 1 in force at 31.10.2023, see reg. 1(2)(d)

Savings for elections for which the notice of election was published on or before 31st October 2023 E+W

2.  The amendments made by regulations 3(5) and (13), 4(5) and (13) and 5(5), (11), (17), (23), (29) and (35) do not apply in relation to an election in respect of which the notice of election was published in accordance with the relevant rule on or before 31st October 2023.

Commencement Information

I2 Sch. 1 para. 2 in force at 1.11.2023, see reg. 1(3)

Savings for elections for which the date of poll is on or before 1st May 2024 E+W

3.  The amendments made by the following provisions do not apply in relation to an election in respect of which the date of the poll as specified in the notice of election published in accordance with the relevant rule is on or before 1st May 2024—

(a) regulation 3(3), (4), (6), (9)(a), (11), (12), (14) and (18)(a);

(b) regulation 4(3), (4), (6), (9)(a), (11), (12), (14) and (17)(a);

(c) regulation 5(3), (4), (6), (9), (10), (12), (15), (16), (18), (21), (22), (24), (27), (28), (30), (33), (34), (36) and (38)(a) to (c).

Commencement Information

I3 Sch. 1 para. 3 in force at 1.11.2023, see reg. 1(3)

Savings for elections for which the date of poll is on or before 6th May 2024 E+W

4.  The amendments made by regulations 3(9)(b) and (18)(b), 4(9)(b) and (17)(b) and 5(38)(d) do not apply in relation to an election in respect of which the date of the poll as specified in the notice of election published in accordance with the relevant rule is on or before 6th May 2024.

Commencement Information

I4 Sch. 1 para. 4 in force at 1.11.2023, see reg. 1(3)

Modification of forms used for an election in the period beginning with 2nd May 2024 and ending with 6th May 2024 E+W

5.—(1) This regulation applies to an election in respect of which the date of the poll as specified in the notice of election published in accordance with the relevant rule is 2nd, 3rd, 4th, 5th or 6th May 2024.

(2) The reference to “the appropriate form” in—

(a) rule 7(b) of Schedule 2 to the Principal Areas Rules is to be taken as a reference to the form in Part 1 of Schedule 2 to these Regulations;

(b) rule 7(b) of Schedule 3 to the Principal Areas Rules is to be taken as a reference to the form in Part 2 of Schedule 2 to these Regulations;

(c) rule 7(b) of Schedule 2 to the Parish Rules is to be taken as a reference to the form in Part 3 of Schedule 2 to these Regulations;

(d) rule 7(b) of Schedule 3 to the Parish Rules is to be taken as a reference to the form in Part 4 of Schedule 2 to these Regulations;

(e) rule 7(1)(a) of Schedule 1, rule 9(1)(a) of Schedule 2, rule 8(1)(a) of Schedule 3, rule 7(1)(a) of Schedule 5, rule 9(1)(a) of Schedule 6 and rule 8(1)(a) of Schedule 7 to the GLA Rules is to be taken as a reference to the form in Part 5 of Schedule 2 to these Regulations.

Commencement Information

I5 Sch. 1 para. 5 in force at 1.11.2023, see reg. 1(3)

Part 2 E+W Principal area councillor elections

Interpretation of Part 2 E+W

6.  In this Part—

“election conduct rules” means the rules set out in Schedules 2 and 3 to the Principal Areas Rules (as the case may be);

“ongoing principal area councillor election” means a relevant principal area councillor election for which the date of poll as specified in the notice of election is on or after 31st January 2024;

“relevant principal area councillor election” means an election of councillors of a principal area for which the notice of election is published in accordance with the relevant rule on or before 30th January 2024.

Commencement Information

I6 Sch. 1 para. 6 in force at 31.10.2023, see reg. 1(2)(d)

Questions for proxies at certain principal area councillor elections E+W

7.—(1) The amendments made by regulation 3(8) and (16) do not apply in respect of an ongoing principal area councillor election.

(2) Rule 33 of the election conduct rules applies in respect of a relevant principal area councillor election as if—

(a) in the table after paragraph (1)—

(i) in entry 2 (proxy), in the column headed “Question”—

(aa) after question (b) there were inserted—

“(ba) “Were you appointed as proxy on behalf of C.D. before 31st October 2023?” [R]”;

(bb) in question (c), at the beginning there were inserted “If the person answers question (ba) in the affirmative:”;

(ii) in entry 3 (proxy for an elector with an anonymous entry), in the column headed “Question”—

(aa) after question (b) there were inserted—

“(ba) “Were you appointed as proxy on behalf of the person whose number on the register of electors is (read out the number) before 31st October 2023?” [R]”;

(bb) in question (c), at the beginning there were inserted “If the person answers question (ba) in the affirmative:”;

(b) in paragraph (2), after “3(a), (b)” there were inserted “, (ba)”.

Commencement Information

I7 Sch. 1 para. 7(1) in force at 31.1.2024, see reg. 1(4)(d)

I8 Sch. 1 para. 7(2) in force at 31.10.2023, see reg. 1(2)(d)

Poll card forms for certain principal area councillor elections E+W

8.—(1) The amendments made by regulation 3(9)(c) and (d) and (18)(c) and (d) do not apply in respect of an ongoing principal area councillor election.

(2) The form of the official poll card (to be sent to an elector voting in person) and the form of the official proxy poll card (to be sent to an appointed proxy voting in person) in the election conduct rules apply in respect of a relevant principal area councillor election as if, on the front of the form, before the text that begins “vote as a proxy at this election” there were inserted “(in the case of a proxy appointed before 31st October 2023)”.

(3) The form of the official postal poll card (to be sent to an elector voting by post) and the form of the official proxy postal poll card (to be sent to an appointed proxy voting by post) in the election conduct rules apply in respect of a relevant principal area councillor election as if on the back of the form, before the text that begins “vote as a proxy at this election” there were inserted “(in the case of a proxy appointed before 31st October 2023)”.

[F1 (4) Sub-paragraph (5) applies to an election of councillors of a principal area for which—

(a) the notice of election is published in accordance with the relevant rule on or after 31st January 2024, and

(b) the date of poll stated in that notice is on or before 1st May 2024.

(5) The form of the official postal poll card (to be sent to an elector voting by post) and the form of the official proxy postal poll card (to be sent to an appointed proxy voting by post) in the election conduct rules apply in respect of an election to which this sub-paragraph applies as if, on the back of the form, for the text that begins “vote as a proxy at this election” and ends with “grandchild” there were substituted—

“(in the case of a proxy appointed on or after 31st October 2023) vote as a proxy on behalf of more than four electors, of which no more than two may be on behalf of other domestic electors (a domestic elector is one who is not an overseas or service elector)”.]

Textual Amendments

F1 Sch. 1 para. 8(4)(5) inserted (10.1.2024) by The Local Government and Greater London Authority Elections (Amendment) Rules 2023 (S.I. 2023/1334), rules 1(1), 5(2)

Commencement Information

I9 Sch. 1 para. 8(1) in force at 31.1.2024, see reg. 1(4)(d)

I10 Sch. 1 para. 8(2)(3) in force at 31.10.2023, see reg. 1(2)(d)

Part 3 E+W Parish councillor elections

Interpretation of Part 3 E+W

9.  In this Part—

“election conduct rules” means the rules set out in Schedules 2 and 3 to the Parish Rules (as the case may be);

“ongoing parish councillor election” means a relevant parish councillor election where the date of poll as specified in the notice of election is on or after 31st January 2024;

“relevant parish councillor election” means an election of councillors of a parish where the notice of election published in accordance with the relevant rule is published on or before 30th January 2024.

Commencement Information

I11 Sch. 1 para. 9 in force at 31.10.2023, see reg. 1(2)(d)

Questions for proxies at certain parish councillor elections E+W

10.—(1) The amendments made by regulation 4(8) and (16) do not apply in respect of an ongoing parish councillor election.

(2) Rule 33 of the election conduct rules applies in respect of an ongoing parish councillor election as if—

(a) in the table after paragraph (1)—

(i) in entry 2 (proxies), in the column headed “Question”—

(aa) after question (b) there were inserted—

“(ba) “Were you appointed as proxy on behalf of C.D. before 31st October 2023?” [R]”;

(bb) in question (c), at the beginning there were inserted “If the person answers question (ba) in the affirmative:”;

(ii) in entry 3 (proxy for an elector with an anonymous entry), in the column headed “Question”—

(aa) after question (b) there were inserted—

“(ba) “Were you appointed as proxy on behalf of the person whose number on the register of electors is (read out the number) before 31st October 2023?” [R]”;

(bb) in question (c), at the beginning there were inserted “If the person answers question (ba) in the affirmative:”;

(b) in paragraph (2), after “3(a), (b)” there were inserted “, (ba)”.

Commencement Information

I12 Sch. 1 para. 10(1) in force at 31.1.2024, see reg. 1(4)(d)

I13 Sch. 1 para. 10(2) in force at 31.10.2023, see reg. 1(2)(d)

Poll card forms for certain parish councillor elections E+W

11.—(1) The amendments made by regulation 4(9)(c) and (d) and (17)(c) and (d) do not apply in respect of an ongoing parish councillor election.

(2) The form of the official poll card (to be sent to an elector voting in person) and the form of the official proxy poll card (to be sent to an appointed proxy voting in person) in the election conduct rules apply in respect of an ongoing parish councillor election as if, on the front of the form, before the text that begins “vote as a proxy at this election” there were inserted “(in the case of a proxy appointed before 31st October 2023)”.

(3) The form of the official postal poll card (to be sent to an elector voting by post) and the form of the official proxy postal poll card (to be sent to an appointed proxy voting by post) in the election conduct rules apply in respect of a relevant parish councillor election as if on the back of the form, before the text that begins “vote as a proxy at this election” there were inserted “(in the case of a proxy appointed before 31st October 2023)”.

[F2 (4) Sub-paragraph (5) applies to an election of councillors of a principal area for which—

(a) the notice of election is published in accordance with the relevant rule on or after 31st January 2024, and

(b) the date of poll stated in that notice is on or before 1st May 2024.

(5) The form of the official postal poll card (to be sent to an elector voting by post) and the form of the official proxy postal poll card (to be sent to an appointed proxy voting by post) in the election conduct rules apply in respect of an election to which this sub-paragraph applies as if, on the back of the form, for the text that begins “vote as a proxy at this election” and ends with “grandchild” there were substituted—

“(in the case of a proxy appointed on or after 31st October 2023) vote as a proxy on behalf of more than four electors, of which no more than two may be on behalf of other domestic electors (a domestic elector is one who is not an overseas or service elector)”.]

Textual Amendments

F2 Sch. 1 para. 11(4)(5) inserted (10.1.2024) by The Local Government and Greater London Authority Elections (Amendment) Rules 2023 (S.I. 2023/1334), rules 1(1), 5(3)

Commencement Information

I14 Sch. 1 para. 11(1) in force at 31.1.2024, see reg. 1(4)(d)

I15 Sch. 1 para. 11(2)(3) in force at 31.10.2023, see reg. 1(2)(d)

Part 4 E+W Greater London Authority elections

Interpretation of Part 4 E+W

12.  In this Part—

“Authority election”, “Constituency Members Election Rules”, “London Members Election Rules and “Mayoral Election Rules” have the same meanings as in rule 2 of the GLA Rules;

“ongoing Authority election” means a relevant Authority election where the date of poll as specified in the notice of election is on or after 31st January 2024;

“relevant Authority election” means an Authority election where the notice of election published in accordance with the relevant rule is published on or before 30th January 2024.

Commencement Information

I16 Sch. 1 para. 12 in force at 31.10.2023, see reg. 1(2)(d)

Questions for proxies at certain Authority elections E+W

13.—(1) The amendments made by regulation 5(7), (13), (19), (25), (31) and (37) do not apply in respect of an ongoing Authority election.

(2) The questions to voters rule applies in respect of a relevant Authority election as if—

(a) in the table after paragraph (1)—

(i) in entry 2 (proxies), in the column headed “Question”—

(aa) after question (b) there were inserted—

“(ba) “Were you appointed as proxy on behalf of C.D. before 31st October 2023?” [R]”;

(bb) in question (c), at the beginning there were inserted “If the person answers question (ba) in the affirmative:”;

(ii) in entry 3 (proxy for an elector with an anonymous entry), in the column headed “Question”—

(aa) after question (b) there were inserted—

“(ba) “Were you appointed as proxy on behalf of the person whose number on the register of electors is (read out the number) before 31st October 2023?” [R]”;

(bb) in question (c), at the beginning there were inserted “If the person answers question (ba) in the affirmative:”

(b) in paragraph (2), after “3(a), (b)” there were inserted “, (ba)”.

(3) In paragraph (2), “the questions to voters rule” means—

(a) rule 36 in the Constituency Members Election Rules or Mayoral Election Rules;

(b) rule 37 in the London Members Election Rules.

Commencement Information

I17 Sch. 1 para. 13(1) in force at 31.1.2024, see reg. 1(4)(d)

I18 Sch. 1 para. 13(2)(3) in force at 31.10.2023, see reg. 1(2)(d)

Poll card forms for certain Authority elections E+W

14.—(1) The amendments made by regulation 5(38)(e) and (f) do not apply in respect of an ongoing Authority election.

(2) In Schedule 10 to the GLA Rules (forms)—

(a) Form 12 (official poll card) and Form 14 (official proxy poll card) apply in respect of a relevant Authority election as if, on the front of the form, before the text that begins “vote as a proxy at this election” there were inserted “(in the case of a proxy appointed before 31st October 2023)”;

(b) Form 13 (official postal poll card) and Form 15 (official proxy postal poll card) apply in respect of a relevant Authority election as if on the back of the form, before the text that begins “vote as a proxy at [F3 the same election]” there were inserted “(in the case of a proxy appointed before 31st October 2023)”.

[F4 (c) Form 13 (official postal poll card) and Form 15 (official proxy postal poll card) apply in respect of an Authority election to which sub-paragraph (3) applies as if, on the back of the form, for the text that begins “vote as a proxy at the same election” and ends with “grandchild” there were substituted—

“(in the case of a proxy appointed on or after 31st October 2023) vote as a proxy on behalf of more than four electors, of which no more than two may be on behalf of other domestic electors (a domestic elector is one who is not an overseas or service elector)”.]

[F5 (3) This sub-paragraph applies to an Authority election for which—

(a) the notice of election is published in accordance with the relevant rule on or after 31st January 2024, and

(b) the date of poll stated in that notice is on or before 1st May 2024.]

Textual Amendments

F3 Words in Sch. 1 para. 14(2)(b) substituted (10.1.2024) by The Local Government and Greater London Authority Elections (Amendment) Rules 2023 (S.I. 2023/1334), rules 1(1), 5(4)(a)(i)

F4 Sch. 1 para. 14(2)(c) inserted (10.1.2024) by The Local Government and Greater London Authority Elections (Amendment) Rules 2023 (S.I. 2023/1334), rules 1(1), 5(4)(a)(ii)

F5 Sch. 1 para. 14(3) inserted (10.1.2024) by The Local Government and Greater London Authority Elections (Amendment) Rules 2023 (S.I. 2023/1334), rules 1(1), 5(4)(b)

Commencement Information

I19 Sch. 1 para. 14(1) in force at 31.1.2024, see reg. 1(4)(d)

I20 Sch. 1 para. 14(2) in force at 31.10.2023, see reg. 1(2)(d)