The Greater London Authority (Referendum Arrangements) Order 1998

Explanatory Note

(This note is not part of the Order)

This Order makes provision for the conduct of the referendum to be held under section 1 of the Greater London Authority (Referendum) Act 1998 (“the 1998 Act”) on the establishment of a Greater London Authority made up of an elected assembly and a separately elected mayor.

The referendum is to be held on 7th May 1998 (although section 1 of the 1998 Act enables a later date to be prescribed).

Article 4 of the Order exempts advertisements relating specifically to the referendum from regulations under the Town and Country Planning Act 1990 controlling the display of advertisements.

Article 5 provides that premises in Greater London used in relation to the referendum for public meetings or the taking of the poll shall be treated as unoccupied for rating purposes.

Article 6 provides that an alteration in an electoral register after 6th April 1998 shall not have effect for the purposes of the referendum.

Article 7 makes provision for the exercise of functions conferred on the returning officer by the Order.

Article 8 provides that the hours of polling shall be between 8 a.m. and 9 p.m.

Article 9 makes provision in respect of referendum ballot papers. The question to be asked and the front of the ballot papers are in the form set out in the Schedule to the 1998 Act.

Article 10 makes provision for the functions of counting officers appointed under section 3 of the 1998 Act and in relation to the counting of votes at the referendum.

Article 11 provides that the Chief Counting Officer’s fee and charges shall be paid out of the Consolidated Fund.

Article 12 applies the provisions set out in column (1) of the Tables in Schedule 1 with the modifications shown in column (2) of those Tables and makes some general modifications to those provisions.

Article 13 provides that Schedule 2 has effect where the polls at the referendum and the ordinary election of London borough councillors are combined. Section 4(1) of the 1998 Act provides that the polls at the referendum and such an ordinary election shall be taken together when they are to be taken on the same day. The ordinary election of councillors is to be held on 7th May 1998.

Schedule 1 sets out the enactments and provisions made under enactments which are applied, with or without modifications, in relation to the referendum—

• Table 1 applies provisions in the Representation of the People Act 1983, including provision in respect of personation and other voting offences and corrupt and illegal practices

• Table 2 applies provisions in Schedule 2 to the Local Elections (Principal Areas) Rules 1986 which contains the rules (“election rules”) applicable to the conduct of elections of the council of a principal area, including a London borough

• Table 3 applies the provisions of the Representation of the People Act 1985 relating to voting by post or proxy

• Table 4 applies provisions in the Representation of the People Regulations 1986 relating to applications for a postal or proxy vote and the proceedings on the issue and receipt of postal ballot papers

Schedule 2 makes provision in respect of combined polls for the referendum and London borough elections—

• Part I makes general provision, including provision that the same ballot box shall be used and that the ballot papers at the two polls should be of different colours

• Part II modifies the election rules and those rules as applied to the referendum by Table 2 of Schedule 1

• Part III enables the proceedings on the issue and receipt of postal ballot papers in respect of the ordinary election and the referendum to be taken together and makes provision for cases where those proceeding are taken together and where they are not.