The Greater London Authority Elections (Amendment) Rules 2004

Amendment of the GLA Elections Rules

2.—(1) The GLA Elections Rules are amended as follows.

(2) For rule 5 (returning officers: duties at ordinary elections) substitute—

“Returning officers duties

5.— (1) At an ordinary election it shall be the duty of returning officers(1) to co-operate with each other in the discharge of their functions.

(2) Where a poll is to be taken—

(a) for the return of the London members; or

(b) for the return of the Mayor,

it shall be the duty of constituency returning officers to take, and verify the ballot papers at, the poll (or each poll if both are to be taken) and to count the votes cast in that poll (or each poll, if both are to be taken).

(3) Without prejudice to paragraphs (1) and (2), the Greater London returning officer may give to any constituency returning officer directions relating to the discharge of any of the functions of the constituency returning officer, including directions requiring the provision to the Greater London returning officer of any information which the constituency returning officer has or is entitled to have.

(4) It shall be the duty of each person to whom directions are given under paragraph (3) to discharge his functions in accordance with the directions.”

(3) For rule 8 (combination of polls) substitute—

“Combination of polls

8.— (1) This rule applies where an election—

(a) for the return of the Mayor; or

(b) for the return of an Assembly member,

is taken together with—

(i) the poll at a parliamentary election, European Parliamentary election or local government election (other than a GLA election) under section 15(1) or (2) of the Representation of the People Act 1985(2); or

(ii) the poll at a local authority mayoral election or referendum in accordance with regulations made under sections 44 and 105, or 45 and 105, of the Local Government Act 2000(3).

(2) For rule 3 substitute—

“Rules for Greater London Authority elections at combined polls

3.— (1) The Constituency Members Election Rules in Schedule 8 shall have effect for the purposes of the election of constituency members of the London Assembly whether at an ordinary election or in the circumstances mentioned in section 10 (filling a vacancy in an Assembly constituency) of the Greater London Authority Act 1999(4).

(2) The London Members Election Rules in Schedule 9, with the exception of Part VII, shall have effect for the purposes of the allocation of seats for London members at any ordinary election; and Part VII of those Rules shall have effect for the purposes of section 11 (filling a vacancy among the London members) of the Greater London Authority Act 1999.

(3) The Mayoral Election Rules in Schedule 10 shall have effect for the purposes of —

(a) the election of the Mayor of London; and

(b) any election under subsection (2) of section 16 (filling a vacancy in the office of Mayor(5)) of the Greater London Authority Act 1999.

(4) Schedules 1 to 4 shall not apply.

(5) In rule 6 (electronic counting of votes) for “Schedule 6” substitute “Schedule 11”.

(6) Schedule 11 (modifications to rules at combined polls (Schedules 8 to 10) where votes counted by electronic means) shall apply.

(7) Any reference to the Constituency Members Election Rules, the London Members Election Rules or Mayoral Election Rules in the GLA Elections Rules shall be construed as a reference to the corresponding version of those Rules in Schedule 8, 9 or 10.

(8) Any reference to the Ordinary Elections Rules in the GLA Elections Rule shall be construed as a reference to the version of the Constituency Members Election Rules, London Members Election Rules or Mayoral Election Rules in Schedule 8, 9 or 10”.”

(4) After rule 8 (combination of polls), insert—

“9.   Schedule 12 shall have effect.”

(5) Schedule 1 (the Constituency Members Election Rules) shall be amended as shown in Schedule 1 to these Rules.

(6) Schedule 2 (the London Members Election Rules) shall be amended as shown in Schedule 2 to these Rules.

(7) Schedule 3 (the Mayoral Election Rules) shall be amended as shown in Schedule 3 to these Rules.

(8) Schedule 5 (forms) shall be amended as shown in Schedule 4 to these Rules.

(9) For Schedule 8 (modifications to apply where the poll at a GLA election is taken together with the poll at another election under section 15(1) or (2) of the Representation of the People Act 1983) there shall be substituted the Schedules shown in Schedule 5 to these Rules.

(10) After Schedule 11 as inserted by these Rules, there shall be inserted Schedule 12 as set out in Schedule 6 to these Rules.

(1)

See section 29 of the Greater London Authority Act 1999 and section 35(2B) and (2C) of the Representation of the People Act 1983 (c. 2) which were inserted by the Greater London Authority Act 1999, Schedule 3, paragraph 3(1) and (2).

(2)

1985 c. 50.

(3)

2000 c. 22.

(4)

1999 c. 29.

(5)

See also section 16(9) of the Greater London Authority Act 1999 for the circumstances in which a vacancy in the office of Mayor is to be left unfilled.