The Greater London Authority (Referendum Arrangements) Order 1998

PART II Modification of Rules

1.  The election rules and the referendum rules shall have effect subject to the provisions of this Part.

2.  The public notice given under paragraph (3) of rule 18 shall state that the polls at the referendum and the ordinary election are to be taken together.

3.  For the purposes of rule 22 (issue of official poll cards), a single official poll card may be issued in respect of both the ordinary election and the referendum in the form in the Appendix to the election rules (or a form to the like effect) with the following modifications—

(a) on the front of the elector’s official poll card immediately below “REPRESENTATION OF THE PEOPLE ACTS” insert “LOCAL GOVERNMENT ELECTION AND GREATER LONDON REFERENDUM”; and

(b) on the back of that card—

(i) after “LOCAL GOVERNMENT ELECTION” insert “AND GREATER LONDON REFERENDUM”

(ii) in the second paragraph for “a ballot paper” substitute “two ballot papers of different colours” and for “on it before he gives it to you” substitute “on each of them before he gives them to you”

(iii) for the third paragraph substitute—

“Go to one of the voting compartments and read the ballot papers carefully.

On the [specify colour] ballot paper for the referendum mark a cross (X) in the box to the right of the answer you are voting for. Put no other mark on the ballot paper or your vote may not be counted.

On the [specify colour] ballot paper for the borough council election mark a cross (X) in the box on the right hand side of the ballot paper opposite the name(s) of the candidate(s) you are voting for. The ballot paper tells you how many candidates you may vote for. Do not vote for more than that number. Put no other mark on the ballot paper or your vote may not be counted.”;

(iv) in the fourth paragraph for “ballot paper” substitute “ballot papers”, for “mark” substitute “marks” and for “vote” substitute “votes”; and

(v) omit the fifth paragraph;

(c) on the front of the proxy’s official poll card after “LOCAL GOVERNMENT ELECTION”insert “AND GREATER LONDON REFERENDUM”; and

(d) on the back of that card, in the penultimate and final paragraphs after “this election” insert “and the referendum”.

4.—(1) In place of the notice required by paragraph (4) of rule 23 (equipment of polling stations) the following notice shall be printed in conspicuous characters and exhibited inside and outside every polling station—

“GUIDANCE FOR VOTERS

1.   When you are given ballot papers, make sure that they are stamped with the official mark.

2.   Take the ballot papers to one of the voting compartments and read them carefully.

3.   On the [specify colour] ballot paper for the referendum mark a cross (X) in the box to the right of the answer you are voting for. Put no other mark on the ballot paper or your vote may not be counted.

4.   On the [specify colour] ballot paper for the borough council election mark a cross (X) in the box on the right hand side of the ballot paper opposite the name(s) of the candidate(s) you are voting for. The ballot paper tells you how many candidates to vote for. Do not vote for more than that number. Put no other mark on the ballot paper or your vote may not be counted.

5.   Fold each ballot paper in two. Show the official mark to the presiding officer, but do not let anyone see your vote. Put the ballot papers in the ballot box and leave the polling station.

6.   If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.”.

(2) For the purposes of paragraph (5) of that rule—

(i) the notice in respect of the referendum shall be of the same colour as the ballot paper to be used at the referendum; and

(ii) the notice in respect of the ordinary election shall include the heading “[specify name of council] COUNCIL ELECTION” and shall be of the same colour as the ballot paper to be used at that election.

5.  The certificate to be produced and surrendered for the purposes of rule 26(3) shall be in the form in the Appendix to the election rules, or a form to the like effect, with the following modifications—

(a) immediately below “REPRESENTATION OF THE PEOPLE ACTS” insert “LOCAL GOVERNMENT ELECTION AND GREATER LONDON REFERENDUM”;

(b) after “at the election” insert “and referendum”; and

(c) after “with the election” insert “and referendum”.

6.  For the purposes of paragraph (1) of rule 31 (voting procedure), the same copy of the register of electors may be used for the poll at the referendum and the poll at the ordinary election and one mark may be placed in that register under paragraph (1)(d), or in the list of proxies under paragraph (1)(e), of that rule to denote that a ballot paper has been received in respect of both polls; except that, where a ballot paper has been issued in respect of one poll only, a different mark shall be placed in the register or in the list of proxies so as to identify the poll in respect of which the ballot paper was issued.

7.  For the purposes of paragraph (2) of rule 32 (votes marked by presiding officer), the same list may be used for the poll at the referendum and the poll at the ordinary election and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were marked in respect of each poll, unless the list identifies the poll at which the ballot paper was marked.

8.—(1) For the purposes of paragraph (4) of rule 33 (voting by blind persons), the same list may be used for the poll at the referendum and the poll at the ordinary election and, where it is so used, an entry in that list shall be taken to mean that the votes were given in respect of each poll, unless the list identifies the poll at which the vote was given.

(2) For the purposes of paragraph (5) of that rule, the form of declaration to be made by the companion of a blind voter shall be the form in the Appendix to the election rules with the following modifications—

(a) after “this electoral area” insert “and the referendum now being held in Greater London”; and

(b) after “said election” in each place insert “and that referendum”.

9.  For the purposes of paragraph (3) of rule 34 (tendered ballot papers), the same list may be used for the poll at the referendum and the poll at the ordinary election and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each poll, unless the list identifies the poll at which the tendered ballot paper was marked.

10.—(1) The contents of the packets referred to in paragraph (1)(b), (c) and (e) of rule 37 of the election rules (procedure on close of poll) shall not be combined with the contents of the packets made up under those sub-paragraphs of rule 37 of the referendum rules; nor shall the statement made under rule 37(3) of the election rules be combined with the statement made under rule 37(3) of the referendum rules.

(2) The packets made up under rule 37(1) of the referendum rules shall be delivered to the returning officer instead of the counting officer and, if they are not delivered by the presiding officer personally to the returning officer, the arrangements for their delivery shall require the returning officer’s approval.

11.—(1) The returning officer shall, instead of the arrangements in rule 38(1) of the election rules, make arrangements for discharging the functions under paragraph 12 below in the presence of the counting agents and the counting observers as soon as practicable after the close of the poll and for counting the votes at that election in the presence of the counting agents; and he shall give those agents and observers notice in writing of the time and place at which he will begin to discharge those functions.

(2) No-one other than a person mentioned in article 10(3) or rule 38(2) of the election rules or a person permitted to attend by the returning officer may be present at the proceedings under paragraph 12 below; and the returning officer shall not permit a person to attend those proceedings unless he is satisfied that the efficient separating of the ballot papers will not be impeded and he has either consulted the election agents or thought it impracticable to do so.

12.—(1) This paragraph has effect in place of rule 39(1), (2) and (6).

(2) The returning officer shall—

(a) in the presence of the counting agents and the counting observers open each ballot box and count and record separately the number of ballot papers used in each poll;

(b) in the presence of the election agents and the counting observers, verify each ballot paper account in accordance with sub-paragraph (3) below;

(c) count such of the postal ballot papers as have been duly returned and record separately the number counted at each poll; and

(d) separate the ballot papers relating to the ordinary election from the ballot papers relating to the referendum.

(3) The returning officer shall verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and shall draw up a statement as to the result of the verification, which any election agent or counting observer present at the verification may copy.

(4) If the returning officer has not been appointed as the counting officer, he shall make secure and proper arrangements for the delivery to the counting officer of all the ballot papers relating to the referendum together with the packets made up under rule 37(1)(b), (c) and (d) of the referendum rules, the ballot paper accounts in respect of the referendum and the statement as to the result of their verification.

(5) The returning officer shall mix together all of the ballot papers relating to the ordinary election and proceed in accordance with the election rules.

(6) The counting officer shall mix together all of the ballot papers relating to the referendum and proceed in accordance with article 10(3) to (5) and the referendum rules.

13.—(1) This paragraph has effect where, under rule 49(1) of the election rules—

(a) the returning officer countermands the poll at an election at which a candidate has died; or

(b) directs that poll to be abandoned;

and where this paragraph has effect, rule 49(2) of those rules shall not apply in relation to that election.

(2) Neither the countermand nor the direction mentioned in sub-paragraph (1) above shall affect the poll at the referendum.

(3) Where the poll at the election is abandoned, no further ballot papers for that election shall be delivered in any polling station and, at the close of the poll for the referendum, the presiding officer shall take the like steps for the delivery to the returning officer of ballot boxes and of ballot papers and other documents as he would be required to do if the poll at that election had not been abandoned and the returning officer shall dispose of ballot papers used at that election and other documents in his possession as he is required to do on the completion in due course of the counting of votes; but—

(a) it shall not be necessary for any ballot paper account to be prepared or verified; and

(b) the returning officer having, where necessary, separated the ballot papers relating to the referendum shall take no step or further step for the counting of the ballot papers or of the votes relating to the election and shall seal up those ballot papers, whether the votes on them have been counted or not; and

(c) it shall not be necessary to seal up counted and rejected ballot papers in separate packets.