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

Amendment of the Greater London Authority Elections Rules 2007 E+W

5.—(1) The Greater London Authority Elections Rules 2007(1) are amended as follows.

(2) Schedule 1 (the constituency members election rules) is amended in accordance with paragraphs (3) to (7).

(3) In rule 6 (nomination of candidates), for paragraph (3) substitute—

“(3) If a candidate—

(a) commonly uses a surname that is different from any other surname the candidate has,

(b) commonly uses a forename that is different from any other forename the candidate has, or

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).”.

(4) In rule 7 (consent to nomination), in paragraph (2)(b)(iii), after “(offences)” insert “or section 30 of the Elections Act 2022 (disqualification orders)”.

(5) In rule 9 (decisions as to validity of nomination papers), in paragraph (2)—

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

(b) after sub-paragraph (b) insert “or”;

(c) after sub-paragraph (b) insert—

“(c) that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.”.

(6) In rule 10 (publication of statement of persons nominated), in paragraph (3)—

(a) for “in addition to another name” substitute “in accordance with rule 6(3)”;

(b) for “any other name” substitute “the other surname or forename”.

(7) In rule 36 (questions to be put to voters)—

(a) in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

(b) in the table following paragraph (1)—

(i) in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

“(c) Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

(d) If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

(e) If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(f) If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]”;

(ii) omit entry 4;

(c) in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

(8) Schedule 2 (the London members election rules) is amended in accordance with paragraphs (9) to (13).

(9) In rule 8 (nomination papers: general provisions) for paragraph (2) substitute—

“(2) If an individual candidate or a candidate included on a party list—

(a) commonly uses a surname that is different from any other surname the candidate has,

(b) commonly uses a forename that is different from any other forename the candidate has, or

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with rule 6(2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with rule 6(2)(a).”.

(10) In rule 9 (consent to nomination), in paragraph (2)(c)(iii), after “(offences)” insert “or section 30 of the Elections Act 2022 (disqualification orders)”.

(11) In rule 11 (decisions as to validity of nomination papers), in paragraph (4), after “by law”, insert “or that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate”.

(12) In rule 12 (publication of statement of persons nominated), in paragraph (2)—

(a) for “in addition to another name” substitute “in accordance with rule 8(2)”;

(b) for “any other name” substitute “the other surname or forename”.

(13) In rule 37 (questions to be put to voters)—

(a) in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

(b) in the table following paragraph (1)—

(i) in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

“(c) Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

(d) If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

(e) If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(f) If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]”;

(ii) omit entry 4;

(c) in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

(14) Schedule 3 (the mayoral election rules) is amended in accordance with paragraphs (15) to (19).

(15) In rule 6 (nomination of candidates), for paragraph (3) substitute—

“(3) If a candidate—

(a) commonly uses a surname that is different from any other surname the candidate has,

(b) commonly uses a forename that is different from any other forename the candidate has, or

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).”.

(16) In rule 8 (consent to nomination), in paragraph (2)(b)(iii), after “(offences)” insert “or section 30 of the Elections Act 2022 (disqualification orders)”.

(17) In rule 10 (decisions as to validity of nomination papers), in paragraph (2), after sub-paragraph (c) insert—

“(d) that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.”.

(18) In rule 11 (publication of statement of persons nominated), in paragraph (3)—

(a) for “in addition to another name” substitute “in accordance with rule 6(3)”;

(b) for “any other name” substitute “the other surname or forename”.

(19) In rule 36 (questions to be put to voters)—

(a) in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

(b) in the table following paragraph (1)—

(i) in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

“(c) Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

(d) If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

(e) If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(f) If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]”;

(ii) omit entry 4;

(c) in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

(20) Schedule 5 (the constituency members election rules) is amended in accordance with paragraphs (21) to (25).

(21) In rule 6 (nomination of candidates), for paragraph (3) substitute—

“(3) If a candidate—

(a) commonly uses a surname that is different from any other surname the candidate has,

(b) commonly uses a forename that is different from any other forename the candidate has, or

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).”.

(22) In rule 7 (consent to nomination), in paragraph (2)(b)(iii), after “(offences)” insert “or section 30 of the Elections Act 2022 (disqualification orders)”.

(23) In rule 9 (decisions as to validity of nomination papers), in paragraph (2)—

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

(b) at the end of sub-paragraph (b) insert “or”;

(c) after sub-paragraph (b) insert—

“(c) that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.”.

(24) In rule 10 (publication of statement of persons nominated), in paragraph (3)—

(a) for “in addition to another name” substitute “in accordance with rule 6(3)”;

(b) for “any other name” substitute “the other surname or forename”.

(25) In rule 36 (questions to be put to voters)—

(a) in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

(b) in the table following paragraph (1)—

(i) in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

“(c) Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

(d) If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

(e) If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(f) If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]”;

(ii) omit entry 4;

(c) in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

(26) Schedule 6 (the London members election rules) is amended in accordance with paragraphs (27) to (31).

(27) In rule 8 (nomination papers: general provisions), for paragraph (2) substitute—

“(2) If an individual candidate or candidate included on a party list—

(a) commonly uses a surname that is different from any other surname the candidate has,

(b) commonly uses a forename that is different from any other forename the candidate has, or

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with rule 6(2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with rule 6(2)(a).”.

(28) In rule 9 (consent to nomination), in paragraph (2)(c)(iii), after “(offences)” insert “or section 30 of the Elections Act 2022 (disqualification orders)”.

(29) In rule 11 (decisions as to validity of nomination papers), in paragraph (4), after “by law” insert “or that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate”.

(30) In rule 12 (publication of statement of persons nominated), in paragraph (2)—

(a) for “in addition to another name” substitute “in accordance with rule 8(2)”;

(b) for “any other name” substitute “the other surname or forename”.

(31) In rule 37 (questions to be put to voters)—

(a) in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

(b) in the table following paragraph (1)—

(i) in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

“(c) Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

(d) If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

(e) If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(f) If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]”;

(ii) omit entry 4;

(c) in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

(32) Schedule 7 (the mayoral election rules) is amended in accordance with paragraphs (33) to (37).

(33) In rule 6 (nomination of candidates), for paragraph (3) substitute—

“(3) If a candidate—

(a) commonly uses a surname that is different from any other surname the candidate has,

(b) commonly uses a forename that is different from any other forename the candidate has, or

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).”.

(34) In rule 8 (consent to nomination), in paragraph (2)(b)(iii), after “(offences)” insert “or section 30 of the Elections Act 2022 (disqualification orders)”.

(35) In rule 10 (decisions as to validity of nomination papers), in paragraph (2)—

(a) omit the “and” after sub-paragraph (b);

(b) after sub-paragraph (c) insert—

“(d) that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.”.

(36) In rule 11 (publication of statement of persons nominated), in paragraph (3)—

(a) for “in addition to another name” substitute “in accordance with rule 6(3)”;

(b) for “any other name” substitute “the other surname or forename”.

(37) In rule 36 (questions to be put to voters)—

(a) in paragraph (1)(b), after “put if” insert “(where applicable) the person has answered the previous question in the manner indicated, and”;

(b) in the table following paragraph (1)—

(i) in entries 2 and 3, in the column headed “Question”, for question (c) substitute—

“(c) Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R]

(d) If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” [R]

(e) If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” [R]

(f) If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]”;

(ii) omit entry 4;

(c) in paragraph (2), for “3(a), (b) and (c)” substitute “3(a) and (b)”.

(38) In Schedule 10 (Schedule of forms) for—

(a) Form 1 (Nomination paper (constituency and individual London member candidates));

(b) Form 2 (Nomination paper (London member party list candidates));

(c) Form 3 (Nomination paper (Mayor of London candidates));

(d) Form 4 (candidate’s consent to nomination);

(e) Form 12 (official poll card); and

(f) Form 14 (official proxy poll card),

substitute the corresponding form set out in Schedule 5 to these Regulations.

Commencement Information

I1 Reg. 5(1)-(6)(8)-(12)(14)-(18)(20)-(24)(26)-(30)(32)-(36)(38)(a)-(d) in force at 1.11.2023, see reg. 1(3)

I2 Reg. 5(7)(13)(19)(25)(31)(37)(38)(e)(f) in force at 31.1.2024, see reg. 1(4)(c)

(1)

S.I. 2007/3541, which has been amended by section 3(2) of the Local Government (Disqualification) Act 2022 (c. 17). Relevant amending instruments are S.I. 2016/24, 2019/1426, 2022/600 and 1397.