SCHEDULE 2THE LONDON MEMBERS ELECTION RULES

PART 3Stages Common To Contested And Uncontested Elections

Notice of election5

1

The GLRO must publish in each Assembly constituency notice of the election stating—

a

the place and times at which nomination papers and party lists are to be delivered, and

b

the date of the poll in the event of a contest,

and the notice must state that forms of nomination papers and party lists may be obtained at that place and those times.

2

The notice of election must state the arrangements (if any) which apply for the payment of the deposit required by rule 10 by means of the electronic transfer of funds.

3

The notice of election must state the date by which—

a

applications to vote by post or proxy, and

b

other applications and notices about postal or proxy voting,

must reach the registration officer for local government electors in order that they may be effective for the election.

Nomination of candidates: individual candidates6

1

Each individual candidate must be nominated by a separate nomination paper that must be—

a

in the appropriate form, and

b

delivered to the GLRO in accordance with the following provisions of this rule and rule 8.

2

The nomination paper of an individual candidate must state the candidate's—

a

full names, F2and

F3b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

if desired, a description consisting of the word “independent”,

and the surname must be placed first in the list of names.

Nomination of candidates: list candidates7

1

A registered party which is a qualifying party and is to stand at the election of London members must be nominated by the delivery of a nomination paper which must be—

a

in the appropriate form, and

b

delivered to the GLRO by the party's registered nominating officer, or a person authorised in writing by him, in accordance with the following provisions of this rule and rule 8.

2

The registered party's nomination paper must—

a

state the authorised description by which the registered party is to stand for election,

b

include a statement, signed by the person issuing the paper, that it is issued either—

i

by the party's registered nominating officer, or

ii

on behalf of the party's registered nominating officer by a person authorised in writing by him, and

c

be accompanied by a party list which sets out the full names F4... of each candidate included in that list.

3

An authorised description for the purposes of paragraph (2)(a) must be either—

a

the name of the party registered under section 28 of the 2000 Act M1, or

b

a description of the party, registered under section 28A M2 of that Act.

4

A person will be guilty of a corrupt practice if he fraudulently purports to be authorised to make the statement required by paragraph (2)(b) by or on behalf of a registered party's nominating officer.

5

For the purposes of the application of these rules in relation to an election—

a

“registered party” means a party which was registered under Part 2 of the 2000 Act on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers and party lists at that election,

b

a registered party is a qualifying party if on the relevant day the party was registered in respect of England in the Great Britain register maintained under that Part of that Act.

Nomination papers: general provisions8

1

The following provisions of this rule have effect in relation to nomination papers delivered under rules 6 and 7.

2

If an individual candidate or a candidate included on a party list commonly uses—

a

a surname which is different from any other surname he has, or

b

a forename which is different from any other forename he has,

the nomination paper and party list may state the commonly used surname or forename, or both surname and forename in addition to the other name.

3

Each nomination paper must be delivered to the GLRO at the place specified by him in the notice of election, which must be at one of the offices of the Greater London Authority, and must be received by the GLRO before the last time for the delivery of nomination papers.

4

Where a nomination paper is delivered in respect of—

a

the same registered party, or

b

the same individual candidate,

after an earlier nomination paper has been delivered, that later paper must be deemed to supersede the earlier one.

F54A

Subject to paragraph (4C), the nomination paper must be accompanied by a form (in this Schedule referred to as “the home address form”) which states—

a

the candidate’s—

i

full names,

ii

home address in full, and

iii

qualifying address or, if the candidate declares that they are qualified by more than one of the qualifications mentioned in paragraph (4E), qualifying addresses;

b

in relation to each qualifying address, which of the qualifications mentioned in paragraph (4E) that address relates to;

c

the attesting person’s—

i

full names, and

ii

home address in full.

4B

The home address form—

a

may contain a statement made and signed by the candidate that the candidate requires their home address not to be made public, and

b

if it does so, must—

i

where the candidate’s home address is in the United Kingdom, state the name of the relevant area;

ii

where the candidate’s home address is outside the United Kingdom, state the country in which it is situated.

4C

The nomination paper of a registered party must be accompanied by a home address form for each candidate included on the party list which accompanies that nomination paper.

4D

The provisions in paragraph (3) about the delivery of the nomination paper also apply to each home address form.

4E

In this rule, “qualifying address”, in relation to a candidate, means—

a

if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of being registered as a local government elector for Greater London, the address at which they are so registered;

b

if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of occupying as owner or tenant any land or other premises in Greater London, a description and address of that land or those premises;

c

if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of their principal or only place of work being in Greater London, the address of that place of work;

d

if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of residing in Greater London, the address, or addresses, at which the candidate has so resided.

4F

In this rule—

  • “attesting person”, in relation to a candidate, means the person who attests the candidate’s consent to nomination in accordance with rule 9(1)(b);

  • “relevant area” means—

    1. a

      in relation to a home address in England—

      1. i

        if the address is within a district for which there is a district council, that district;

      2. ii

        if the address is within a county in which there are no districts, that county;

      3. iii

        if the address is within a London borough, that London borough;

      4. iv

        if the address is within the City of London (including the Inner and Middle Temples), the City of London;

      5. v

        if the address is within the Isles of Scilly, the Isles of Scilly;

    2. b

      in relation to a home address in Wales—

      1. i

        if the address is within a county, that county;

      2. ii

        if the address is within a county borough, that county borough;

    3. c

      in relation to a home address in Scotland, the local government area in which the address is situated;

    4. d

      in relation to a home address in Northern Ireland, the local government district in which it is situated.

5

In this rule and in the following provisions of these rules, unless the context requires otherwise—

a

“nomination paper” includes a reference to—

i

the nomination paper of a registered party, and

ii

the nomination paper of an individual candidate;

b

“nomination paper of a registered party” includes a reference to a party list.

Consent to nomination9

1

A person will not be validly nominated (whether as an individual candidate or a list candidate) unless his consent to nomination—

a

is given in writing in the appropriate form, or a form to like effect, on or within one month before the last day for the delivery of nomination papers;

b

is attested by one witness F6...; and

c

is delivered at the place and within the time for delivery of nomination papers.

2

A candidate's consent given under this rule must—

a

state the day, month and year of his birth;

b

contain a statement that he has read whichever of sub-paragraphs (5) and (6) of paragraph 5 of Schedule 2 to the 1999 Act (persons who many not be candidates) applies in his case; and

c

contain a statement that to the best of the candidate's knowledge and belief he is not disqualified from being elected by reason of—

i

any disqualification set out in section 21 (disqualification from being the Mayor or an Assembly member) of the 1999 Act, F1...

F7ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

iii

an order made under section 34(4) of the Localism Act 2011(offences).

Deposits10

1

A person will not be validly nominated as an individual candidate at the election unless the sum of £5,000 is deposited by him, or on his behalf, with the GLRO at the place and during the time for delivery of nomination papers and party lists.

2

A registered party (and anyone on its party list) will not be validly nominated unless the sum of £5,000 is deposited on its behalf with the GLRO at the place and during the time for delivery of nomination papers and party lists.

3

The deposit may be made either—

a

by the deposit of any legal tender, or

b

by means of a banker's draft, or

c

with the GLRO's consent, in any other manner including by means of a debit or credit card or the electronic transfer of funds,

but the GLRO may refuse to accept a deposit sought to be made by means of a banker's draft if he does not know that the drawer carries on business as a banker in the United Kingdom.

4

Where the deposit is made on behalf of an individual candidate, the person making the deposit must at the time he makes it give his name and address to the GLRO, unless they have previously been given to him under section 67 (appointment of election agent) of the 1983 Act.

Decisions as to validity of nomination papers11

1

Where, in the case of an individual candidate, a nomination paper (“individual nomination paper”) and the candidate's consent to it F14and a home address form are delivered, and a deposit is made, in accordance with these Rules, the candidate will be deemed to stand nominated unless and until—

a

the GLRO decides that the nomination paper is invalid, or

F15aa

the GLRO decides that the candidate’s home address form—

i

does not comply with the requirements of rule 8(4A), or

ii

if the form contains a statement under rule 8(4B)(a), does not comply with the signature requirement in that rule or the requirements of rule 8(4B)(b), or

b

proof is given to the GLRO's satisfaction of the candidate's death, or

c

the candidate withdraws.

2

Where the nomination paper of a registered party and the consent of each candidate F16and a home address form in respect of each candidate included in that party's list are delivered, and a deposit is made, in accordance with these Rules, that party and (subject to paragraph (6)) each candidate on its list must be deemed to stand nominated unless and until the GLRO decides that the nomination paper is invalid.

3

As soon as practicable after each nomination paper F17and each home address form have been delivered, the GLRO must examine them and decide whether the individual candidate, or as the case may be each registered party and each candidate included in that party's list, has been validly nominated.

4

The GLRO is entitled to hold an individual nomination paper invalid only on the grounds that the particulars of the candidate on the nomination paper are not as required by law.

5

The GLRO is entitled to hold the nomination paper of a registered party invalid only on one of the following grounds—

a

that the authorised description stated under rule 7(2)(a) breaches rule 7(3);

b

that the nomination paper does not contain the statement referred to in rule 7(2)(b);

c

that the number of candidates on the list is greater than 25.

6

Where, in respect of a candidate included in a party list—

a

proof is given to the GLRO's satisfaction of his death;

b

he withdraws or his candidature is withdrawn in accordance with rule 15;

c

his particulars in that list are not as required by law;

d

the consent to nomination of that candidate is not delivered in accordance with rule 9,

F18e

the candidate’s home address form—

i

does not comply with the requirements of rule 8(4A), or

ii

if the form contains a statement under rule 8(4B)(a), does not comply with the signature requirement in that rule or the requirements of rule 8(4B)(b),

the GLRO must delete the name and address of that candidate from the list.

7

Where the GLRO has decided under paragraph (3)—

a

that an individual nomination paper is invalid,

b

that the nomination paper of a registered party is invalid or that the name and address of a list candidate must be deleted from the list,

he must endorse and sign on the nomination paper to record that decision and the reasons for his decision.

8

The GLRO must, as soon as practicable after making such a decision under paragraph (3) that a F19home address form is valid or invalid, send notice of that decision—

a

to the candidate at his home address as given in his nomination paper, and

b

in the case of a list candidate, also to the nominating officer.

9

Where in the GLRO's opinion the nomination paper of a registered party is invalid on the grounds in paragraphs (5)(a) or (b), then he must give a decision to that effect—

a

as soon as practicable after the delivery of the nomination paper, and

b

in any event, before the end of the period of 24 hours starting with the end of the period for the delivery of nomination papers set out in the timetable in rule 3.

10

The GLRO's decision that a nomination paper is valid is final and may not be questioned in any proceeding whatsoever.

11

Subject to paragraph (10), nothing in this rule prevents the validity of a nomination being questioned on an election petition.

Publication of statement of persons nominated12

1

The GLRO must prepare and publish a statement showing—

a

each registered party which has been and stands nominated, together with that party's list,

b

the persons who have been and stand nominated as individual candidates, and

c

any other parties or persons who have been nominated, together with the reason why they no longer stand nominated.

2

If an individual's nomination paper or person's entry on a party list gives a commonly used surname or forename, or both surname and forename, in addition to another name, the statement must show the person's commonly used surname or forename, or both surname and forename (as the case may be) instead of any other name.

3

Paragraph (2) does not apply if the GLRO thinks—

a

that the use of the person's commonly used name may be likely to mislead or confuse electors, or

b

that the commonly used name is obscene or offensive.

4

If paragraph (3) applies, the GLRO must give notice in writing to the candidate of his reasons for refusing to allow the use of a commonly used name.

5

The statement must show, in the following order—

a

the registered parties which have been and stand nominated, set out in alphabetical order according to the authorised descriptions given in the nomination papers,

b

the names F8... of the list candidates as given in party lists, arranged in the order in which their names appear in those lists,

c

the names F9... and descriptions (if any) of the persons standing nominated as individual candidates, arranged alphabetically in the order of their surnames and, if there are two or more of them with the same surname, of their other names.

F105A

The statement must also show the following information contained in the home address form—

a

where the statement in rule 8(4B)(a) is made requiring the home address of the candidate not to be made public, the information mentioned in rule 8(4B)(b);

b

in any other case, the home address of the person nominated.

5B

Where—

a

two or more of the names shown on the statement are the same or so similar it is likely to cause confusion,

b

each of the persons in question has made the statement mentioned in rule 8(4B)(a), and

c

the information mentioned in rule 8(4B)(b) is the same for each of them,

the GLRO may cause any of their particulars to be shown on the statement with such amendments or additions as the GLRO thinks appropriate in order to reduce the likelihood of confusion.

5C

Where it is practicable to do so before the publication of the statement, the GLRO must consult any person whose particulars are to be amended or added to under paragraph (5B).

5D

The GLRO must give notice in writing to any person whose particulars are amended or added to under paragraph (5B).

5E

Anything done by the GLRO in pursuance of paragraph (5B) must not be questioned in any proceedings other than proceedings on an election petition.

5F

The GLRO must have regard to any guidance issued by the Electoral Commission for the purposes of paragraph (5B).

6

In the case of an individual candidate nominated by more than one nomination paper, the GLRO must take the particulars required by the foregoing provisions of this rule from such one of the papers as the candidate (or the GLRO in default of the candidate) may select.

Correction of minor errors13

1

The GLRO may, if he thinks fit, at any time before the publication under rule 12 of the statement of parties and persons nominated, correct minor errors in a nomination paper F11or home address form.

2

Errors which may be corrected include—

a

errors as to a person's electoral number,

b

obvious errors of spelling in relation to the details of a party or candidate,

F12c

errors as to the information mentioned in rule 8(4B)(b).

3

Anything done by the GLRO in pursuance of this rule may not be questioned in any proceedings other than proceedings on an election petition.

4

The GLRO must have regard to any guidance issued by the Electoral Commission for the purposes of this rule.

Inspection of nomination papers and consent to nomination14

1

During ordinary office hours, in the period starting 24 hours after the latest time for the delivery of nomination papers and before the date of the poll, any person may inspect and take copies of, or extracts from—

a

a nomination paper, or

b

the consents to nomination.

2

Inspection under paragraph (1) may not take place on a day that is specified in rule 4(1).

F13Inspection of home address forms: individual candidates and list candidates14A

1

During ordinary office hours, in the period starting 24 hours after the latest time for the delivery of nomination papers and before the date of the poll, the following may inspect the home address form of a candidate (“candidate A”)—

a

a person standing nominated as an individual candidate or a list candidate in the same electoral area as candidate A (“candidate B”),

b

candidate B’s election agent,

c

where candidate B acts as their own election agent, or, where candidate B is a list candidate and acts as the election agent for the candidates included in that list, a person nominated by candidate B,

d

the nominating officer of a registered party standing nominated in the same electoral area as candidate A, or

e

a person authorised in writing by that nominating officer.

2

Inspection under paragraph (1) may not take place on a day that is specified in rule 4(1).

3

Nothing in this rule permits any person to take a copy of, or extracts from, any home address form.

4

The GLRO must not permit a home address form to be inspected otherwise than in accordance with this rule, or for some other purpose authorised by law.

Withdrawal or death of candidate15

1

An individual candidate or a candidate on a party's list may withdraw his candidature by notice of withdrawal—

a

signed by him and attested by one witness, whose name and address must be given, and

b

delivered to the GLRO at the place for delivery of nomination papers and party lists,

by the end of the period for the delivery of notices of withdrawals of candidature in the timetable in rule 3.

2

The nominating officer of a registered party, or a person authorised in writing by him may withdraw that party's nomination by a notice of withdrawal signed by him and delivered to the returning officer at the place for delivery of nomination papers and party lists.

3

Where a candidate is outside the United Kingdom, a notice of withdrawal signed by his election agent and accompanied by a written declaration also so signed of the candidate's absence from the United Kingdom will be of the same effect as a notice of withdrawal signed by the candidate; but where the candidate stands nominated by more than one nomination paper a notice of withdrawal under this paragraph will be effective if, and only if, it is accompanied, in addition to that declaration, by a written statement signed by the candidate that the person giving the notice is authorised to do so on the candidate's behalf during his absence from the United Kingdom.

4

If before the result of the election is declared, proof is given to the GLRO's satisfaction that an individual candidate who is named (or is to be named) in the ballot papers or a candidate whose name appears on a party list has died, then (in addition to complying with any other requirement of these rules relevant to that event) the GLRO must—

a

inform each CRO of the death of the candidate;

b

in the case of a person whose name is included in a party list, remove that person's name from that list.

Method of election16

If, after any withdrawals under rule 15, the number of persons remaining validly nominated exceeds the number of seats available for allocation to London members, then, unless all of those persons are named on the same party list, a poll must be taken in accordance with Part 4 of these Rules.