The Greater London Authority (Referendum Arrangements) Order 1998

Application of provisions

12.  The provisions set out in column (1) of the Tables in Schedule 1 shall have effect in relation to the referendum with the modifications shown in column (2) of those Tables and any other necessary modifications; in particular, except where the context otherwise requires—

(a) a reference to an election shall be construed as a reference to the referendum;

(b) a reference to a constituency shall be construed as a reference to a voting area;

(c) a reference to voting for, or a vote for, a candidate shall be construed as a reference to voting for, or a vote for, an answer;

(d) a reference to promoting or procuring the election of a candidate, or furthering a person’s candidature, shall be construed as a reference to promoting or procuring a particular result in the referendum;

(e) a reference to the return of a person shall be construed as a reference to a particular result in the referendum;

(f) a reference to a person voting as an elector shall be construed as a reference to a person voting on his own behalf;

(g) a reference to a person’s entitlement as an elector to an absent vote shall be construed as a reference to a person’s entitlement to vote by post on his own behalf or to vote by proxy;

(h) except where the polls at the referendum and an ordinary election of councillors are taken together in accordance with section 4(1) of the 1998 Act, where anything is required to be done in the presence of election, polling, counting or other agents, the reference to the presence of agents shall be ignored;

(i) a reference to anything being prescribed shall be construed as a reference to its being provided for by a provision of subordinate legislation applied by this Order;

(j) a form which is required to be used may be used with such variations as the circumstances may require;

(k) in relation to the City of London—

(i) a reference to a register of electors shall be construed as a reference to a list of persons entitled to vote at the referendum by virtue of section 2(1)(b) of the 1998 Act;

(ii) a reference to the council of a voting area shall be construed as a reference to the Common Council;

(l) a reference to the registration officer is—

(i) in the case of a London borough, a reference to the relevant registration officer appointed under section 8 of the 1983 Act; and

(ii) in the case of the City of London, a reference to the town clerk of the City(1);

and, for the purpose of the exercise of a registration officer’s functions in relation to the referendum, sections 52(1) to (4) (discharge of registration duties) and 54(1), (3) and (4) (payment of expenses of registration) of the 1983 Act(2) shall have effect;

(m) any reference to an enactment or instrument made under an enactment shall be construed as a reference to that enactment or instrument as applied by this Order; and

(n) so much of any provision as—

(i) relates to an election petition or an election court; or

(ii) applies only in relation to Scotland, Wales or Northern Ireland,

shall be ignored.

(1)

see section 8(2) and (5) of the City of London (Various Powers) Act 1957 (c.x) to which relevant amendments were made by section 3(2) and (3) of the City of London (Various Powers) Act 1968 (c.xxxvii) and Schedule 2 to the Representation of the People Act 1985 (c. 50) (“the 1985 Act”).

(2)

Sections 52 and 54 of the 1983 Act were amended by Schedules 4 and 5 to the 1985 Act.