The Greater London Authority Elections (No. 2) (Amendment) Rules 2000

Statutory Instruments

2000 No. 1040

LONDON GOVERNMENT

REPRESENTATION OF THE PEOPLE

The Greater London Authority Elections (No. 2) (Amendment) Rules 2000

Made

12th April 2000

Laid before Parliament

13th April 2000

Coming into force

4th May 2000

The Secretary of State, in exercise of the powers conferred on him by sections 36(2), (2A), (2B), 81(7) and 82(2A) and (5A) of the Representation of the People Act 1983(1), and of all other powers enabling him in that behalf, hereby makes the following Rules:

Citation and commencement

1.  These Rules may be cited as the Greater London Authority Elections (No. 2) (Amendment) Rules 2000 and shall come into force on 4th May 2000.

Amendment of Rules

2.—(1) The Greater London Authority Elections (No. 2) Rules 2000(2) shall be amended in accordance with the following paragraphs of this rule.

(2) In Schedule 2 (the London Members Election Rules)—

(a) in rule 41 (the local count), in paragraph (7), after the word “may” there shall be inserted the words “, in so far as he and the agents agree,”; and

(b) after Part VII (list candidates and the filling of vacancies) there shall be added the following Part:

“PART VIII Returns And Declarations As To Election Expenses

Returns as to election expenses

59.   The form of the return to be delivered by the election agent under subsection (1) of section 81(3) (return as to election expenses) of the 1983 Act in the circumstances mentioned in subsection (6) of that section shall be that set out in Form 16 in the Forms Schedule.

Declarations as to election expenses

60.— (1) Subject to paragraph (2), the form of the declaration required by subsection (1) (declaration by agent) of section 82(4) (declarations as to election expenses) of the 1983 Act in the circumstances mentioned in subsection (2A)(a) of that section shall be that set out in Part I of Form 17 of the Forms Schedule.

(2) In a case to which subsection (5A) of section 82 of the 1983 Act applies, the declaration referred to in paragraph (1) shall be modified as specified in Part II of Form 17.

(3) Subject to paragraph (4), the form of the declaration required by subsection (2) (declaration by candidate) of section 82 (declarations as to election expenses) of the 1983 Act in the circumstances mentioned in subsection (2A)(b) of that section shall be that set out in Part I of the Form 18 of the Forms Schedule.

(4) In a case to which subsection (5A) of section 82 of the 1983 Act applies, the declaration referred to in paragraph (3) shall be modified as specified in Part II of Form 18.”.

(3) In Schedule 3 (the Mayoral Election Rules), in rule 41(8) (the local count) after the word “may” there shall be inserted the words “, in so far as he and the agents agree,”.

(4) In Schedule 5 (Forms), after Form 15 there shall be added the following forms:

LMER rule 59

“Form 16 Return as to election expenses of list candidates

LMER rule 60(1) and (2)

Form 17 Election agent’s declaration as to election expenses

PART I Form of declaration as to election expenses by election agent who was not also list candidate

PART II Modifications to form of declaration set out in Part I where a candidate included in a list is the election agent for candidates on that list

The modifications to the declaration set out in Part I are—

(a) the substitution for paragraph 1 of the following—

“1.   At this election I was one of the candidates included in the list submitted by the registered party named above and I was also the election agent for the candidates on that list.”; and

(b) in paragraph 3, the addition, after the word “candidates” of the words “other than myself.”.

LMER rule 60(3) and (4)

Form 18 List candidate’s declaration as to election expenses

PART I Form of declaration as to election expenses by list candidate who was not also election agent

PART II Modifications to form of declaration set out in Part I where a candidate included in a list is the election agent for candidates on that list

The modifications to the declaration set out in Part I are—

(a) the substitution for paragraph 1 of the following—

“1.   At this election I was one of the candidates included in the list submitted by the registered party named above and I was also the election agent for the candidates on that list.”; and

(b) in paragraph 3—

(i) by the substitution for the words “by the list candidates' election agent” of the words “by me”; and

(ii) by the substitution for the words “my personal expenses” of the words “the personal expenses of the candidates other than myself.”.

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Keith Hill

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

12th April 2000

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Greater London Authority Elections (No. 2) Rules 2000 (“the principal Rules”).

They amend rule 41(8) of the London Members Election Rules (set out in Schedule 2 to the principal Rules) and 41(7) of the Mayoral Election Rules (in Schedule 3) so as to make these provisions correspond more closely to rule 40(B) of the Constituency Members Election Rules (in Schedule 1). These Rules also insert a new Part VIII into the London Members Election Rules. The new Part introduces Forms 16 to 18 into Schedule 5 to the principal Rules (the Forms Schedule).

Form 16 is the form to be used for the return as to election expenses which the election agent for the candidates included in a registered political party’s list (“list candidates”) is required to make under section 81(1) of the Representation of the People Act 1983 in connection with the election of the London members of the London Assembly.

The form set out in Part I of Form 17 is to be used by election agents for the declaration as to election expenses of list candidates at elections of the London members. Where a list candidate is the election agent for himself and the other list candidates, the declaration is modified as specified in Part II of Form 17.

The form set out in Part I of Form 18 is to be used by list candidates for the declaration as to election expenses at elections of the London members. Where a list candidate is the election agent for himself and the other list candidates, the declaration is modified as specified in Part II of Form 18.

(1)

1983 c. 2. Subsections (2A) and (2B) of section 36 were inserted by the Greater London Authority Act 1999 (c. 29), Schedule 3, paragraph 4(2). Subsection (7) of section 81 was inserted by paragraph 23(3) of that Schedule. Subsections (2A) and (5A) of section 82 were inserted by paragraph 24(4) and (6) of that Schedule.

(2)

S.I. 2000/427.

(3)

Section 81(1) of the Representation of the People Act 1983 was amended by the Representation of the People Act 1985 (c. 50), Schedule 4, paragraph 27 and section 81(6) was amended by the Greater London Authority Act 1999, Schedule 3, paragraph 23(3).

(4)

Section 82(1) of the Representation of the People Act 1983 was amended by the Greater London Authority Act 1999, Schedule 3, paragraph 24(2). See subsection (2A) of that section for the definition of “the appropriate form”.