2022 No. 1111
The Greater London Authority Elections (Amendment) Rules 2022
Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Rules in exercise of the powers conferred by section 36(2A) of the Representation of the People Act 19831.
In accordance with section 7(1) and (2)(d) of the Political Parties, Elections and Referendums Act 20002 the Secretary of State has consulted the Electoral Commission.
Citation, commencement and extent1
1
These Rules may be cited as the Greater London Authority Elections (Amendment) Rules 2022 and come into force on 30th November 2022.
2
These Rules do not apply for the purposes of an election for the return of the Mayor of London in respect of which the date of the poll specified in the notice of election is before the ordinary day of election in 20233.
3
These Rules extend to England and Wales, Scotland and Northern Ireland.
Amendment of the Greater London Authority Elections Rules 20072
The Greater London Authority Elections Rules 20074 are amended as follows.
Amendment of Schedule 33
1
Schedule 3 (Mayoral election rules) is amended as follows.
2
In the table of contents—
a
in the entry for rule 55 omit “first”;
b
omit the entry for Part 5.
3
In rule 15 (method of election)—
a
omit paragraph (a);
b
in paragraph (b) for “only two candidates” substitute “two or more candidates”
.
4
In rule 49 (verification and the local count), in paragraph (4)—
a
at the end of sub-paragraph (a) insert “and”
;
b
in sub-paragraph (b) omit “first preference”;
c
omit sub-paragraph (c) and the “and” immediately before it.
5
In rule 50 (rejected ballot papers)—
a
in paragraph (1), after sub-paragraph (a) insert—
aa
on which votes are given for more than one candidate,
b
in paragraph (2)—
i
for “on which a vote is marked” substitute “on which the vote is marked”
;
ii
for “must not” to the end substitute “must not for such reason be void if an intention that the vote is for one only of the candidates clearly appears”
;
c
omit paragraph (3);
d
in paragraph (4) for sub-paragraphs (a) and (b) substitute “to be void”
;
e
for paragraphs (5) and (6) substitute—
5
If the clerk, having examined the ballot paper, considers that it is void then the CRO must examine it in the manner referred to in paragraph (7).
6
After the CRO examines the ballot paper he must give his decision as to whether or not it is void.
f
in paragraph (10) after “ballot” insert “paper”
;
g
for paragraph (11) substitute—
11
If a counting agent objects to the CRO’s decision that the ballot paper is void the CRO must record on the electronic counting system that the decision was objected to.
h
omit paragraph (12);
i
in paragraph (13)—
i
in sub-paragraph (b) omit “as to first preference vote”;
ii
in sub-paragraph (d) omit “as to the first preference vote”;
j
omit paragraph (15).
6
In rule 53 (procedure at conclusion of local count), in paragraph (1)—
a
omit sub-paragraph (c);
b
in sub-paragraph (d) omit “at an election contested by only two candidates,”.
7
In rule 54 (attendance at the central calculation), in paragraph (1) for “rules 55 and 56” substitute “rule 55”
.
8
In rule 55 (the first calculation and resolution of equality)—
a
in the heading omit “first”;
b
for paragraph (1) substitute—
1
As soon as the GLRO has received the information required by rule 53 from every CRO he must ascertain the total number of votes given in the Assembly constituencies to each candidate.
c
for paragraph (3) substitute—
3
In paragraph (2), “the relevant figures” means the number of votes given in each Assembly constituency for each candidate and the total number of votes given for each candidate.
d
omit paragraph (4);
e
for paragraphs (5) and (6) substitute—
5
Where the total number of votes given for each candidate is unequal the person to be returned as the Mayor is the candidate to whom the majority of the votes is given.
6
Where there is an equality in the total number of votes given for any candidates and the addition of a vote would entitle any of those candidates to be returned as the Mayor, the GLRO must forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.
9
Omit Part 5 (further provision: more than two candidates).
10
In rule 57 (declaration of result)—
a
for paragraph (1) substitute—
1
The GLRO must declare to be elected as the Mayor of London the candidate who, in accordance with section 4(2) of the 1999 Act (including that provision as applied by section 16(4) at an election to fill a vacancy), is to be returned as the Mayor at that election.
b
in paragraph (2)—
i
in sub-paragraph (b) omit “first preference”;
ii
omit sub-paragraph (c);
iii
insert “and”
immediately before sub-paragraph (d);
iv
omit sub-paragraph (e) and the “and” immediately before it;
c
in paragraph (4) for “paragraph (2)(b) to (e)” substitute “paragraph (2)(b) and (d)”
;
d
in paragraph (5) omit “first preference”.
11
In rule 58 (return or forfeiture of candidate’s deposit)—
a
in paragraph (4) omit “first”;
b
in paragraph (5) omit “first” in the first place it occurs and “first preference”.
12
In rule 64 (deceased independent candidate wins)—
a
for paragraph (1) substitute—
1
This rule applies if at an election mentioned in rule 63 the deceased candidate is given a majority of votes in accordance with rule 55(5) or (6).
b
in paragraph (2)—
i
in sub-paragraph (a) omit “or greatest total number”;
ii
in sub-paragraph (c) for “rules 56(2) and 57(2)” substitute “rule 57(2)”
.
Amendment of Schedule 44
1
Schedule 4 (manual count rules) is amended as follows.
2
In rule 3, in table 1 (modifications)—
a
in the entry for MER rule 495 (verification and the local count), in column (2), for the modification of paragraph (4) substitute—
For paragraph (4) substitute—
4
After completing the proceedings under paragraph (1) or (1A), the CRO must mix together all of the ballot papers used at that election in the Assembly constituency and count the votes given on them.
b
in the entry for MER rule 50 (rejected ballot papers), in column (2), for the modification of paragraph (13) substitute—
In paragraph (13) omit sub-paragraph (e) and for sub-paragraph (d) substitute—
d
unmarked or void for uncertainty.
c
omit the entry relating to MER 55 (the first calculation and resolution of equality) and the insertion of rule 56ZA (the count of second preference votes);
d
omit the entry relating to MER 56 (the second calculation and resolution of equality).
Amendment of Schedule 75
1
Schedule 7 (mayoral election rules) is amended as follows.
2
In the table of contents—
a
in the entry for rule 55 omit “first”;
b
omit the entry for Part 5.
3
In rule 15 (method of election)—
a
omit paragraph (a);
b
in paragraph (b) for “only two candidates” substitute “two or more candidates”
.
4
In rule 50 (rejected ballot papers)—
a
in paragraph (1), after sub-paragraph (a) insert—
aa
on which votes are given for more than one candidate,
b
in paragraph (2)—
i
for “on which a vote is marked” substitute “on which the vote is marked”
;
ii
for “must not” to the end substitute “must not for such reason be void if an intention that the vote is for one only of the candidates clearly appears”
;
c
omit paragraph (3);
d
in paragraph (4) for sub-paragraphs (a) and (b) substitute “to be void”
;
e
for paragraphs (5) and (6) substitute—
5
If the clerk, having examined the ballot paper, considers that it is void then the CRO must examine it in the manner referred to in paragraph (7).
6
After the CRO examines the ballot paper he must give his decision as to whether or not it is void.
f
in paragraph (10) after “ballot” insert “paper”
;
g
for paragraph (11) substitute—
11
If a counting agent objects to the CRO’s decision that the ballot paper is void the CRO must record on the electronic counting system that the decision was objected to.
h
omit paragraph (12);
i
in paragraph (13)—
i
in sub-paragraph (b) omit “as to first preference vote”;
ii
in sub-paragraph (d) omit “as to the first preference vote”;
j
omit paragraph (15).
5
In rule 53 (procedure at conclusion of local count), in paragraph (1)—
a
omit sub-paragraph (c);
b
in sub-paragraph (d) omit “at an election contested by only two candidates,”.
6
In rule 54 (attendance at the central calculation), in paragraph (1) for “rules 55 and 56” substitute “rule 55”
.
7
In rule 55 (the first calculation and resolution of equality)—
a
in the heading omit “first”;
b
for paragraph (1) substitute—
1
As soon as the GLRO has received the information required by rule 53 from every CRO he must ascertain the total number of votes given in the Assembly constituencies to each candidate.
c
for paragraph (3) substitute—
3
In paragraph (2), “the relevant figures” means the number of votes given in each Assembly constituency for each candidate and the total number of votes given for each candidate.
d
omit paragraph (4);
e
for paragraphs (5) and (6) substitute—
5
Where the total number of votes given for each candidate is unequal the person to be returned as the Mayor is the candidate to whom the majority of the votes is given.
6
Where there is an equality in the number of votes given for any candidates and the addition of a vote would entitle any of those candidates to be returned as Mayor, the GLRO must forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.
8
Omit Part 5 (further provision: more than two candidates).
9
In rule 57 (declaration of result)—
a
for paragraph (1) substitute—
1
The GLRO must declare to be elected as the Mayor of London the candidate who, in accordance with section 4(2) of the 1999 Act (including that provision as applied by section 16(4) at an election to fill a vacancy), is to be returned as the Mayor at that election.
b
in paragraph (2)—
i
in sub-paragraph (b) omit “first preference”;
ii
omit sub-paragraph (c);
iii
insert “and”
immediately before sub-paragraph (d);
iv
omit sub-paragraph (e) and the “and” immediately before it;
c
in paragraph (4) for “paragraph (2)(b) to (e)” substitute “paragraph (2)(b) and (d)”
;
d
in paragraph (5) omit “first preference”.
10
In rule 58 (return or forfeiture of candidate’s deposit)—
a
in paragraph (4) omit “first”;
b
in paragraph (5) omit “first” in the first place it occurs and “first preference”.
11
In rule 64 (deceased independent candidate wins)—
a
for paragraph (1) substitute—
1
This rule applies if at an election mentioned in rule 63 the deceased candidate is given a majority of votes in accordance with rule 55(5) or (6).
b
in paragraph (2)—
i
in sub-paragraph (a) omit “or greatest total number”;
ii
in sub-paragraph (c) for “rules 56(2) and 57(2)” substitute “rule 57(2)”
.
Amendment of Schedule 86
1
Schedule 8 (combined manual count rules) is amended as follows.
2
In rule 2(2), in table 1 (modifications)—
a
in the entry for MER rule 49 (verification and the local count), in column (2), for the modification of paragraph (8) substitute—
For paragraph (8) substitute—
8
After completing the proceedings under paragraph (1) and (2), the CRO must mix together all of the ballot papers used at the election in the Assembly constituency and count the votes given on them.
b
in the entry for MER rule 50 (rejected ballot papers), in column (2), for the modification of paragraph (13) substitute—
In paragraph (13) omit sub-paragraph (e) and for sub-paragraph (d) substitute—
d
unmarked or void for uncertainty.
c
omit the entry for MER rule 55 (the first calculation and resolution of equality) and the insertion of rule 56ZA (the count of second preference votes);
d
omit the entry for MER rule 56 (the second calculation and resolution of equality).
Amendment of Schedule 107
1
Schedule 10 (Schedule of forms) is amended as follows.
2
For Forms 7, 11, 11A and 11B substitute Forms 7, 11, 11A and 11B respectively, set out in the Schedule to these Rules.
3
For notice AA in Form 16 substitute notice AA in Form 16 set out in the Schedule to these Rules.
4
For notice AA1 in Form 17 substitute notice AA1 in Form 17 set out in the Schedule to these Rules.
Signed by authority of the Secretary of State for Levelling Up, Housing and Communities
SCHEDULE
Form 7 – Ballot paper for mayoral elections and directions as to printing the ballot paper
Form 11 – Postal voting statement (ordinary elections or constituency or mayoral by-election)
Form 11A – Postal voting statement: for use at a combined election where issue and receipt of postal ballot papers are taken together
Form 11B – Postal voting statement: for use at a combined election where issue and receipt of postal ballot papers are not taken together
Form 16 – Notices for the guidance of voters at by-elections and ordinary elections (or for filling of a vacancy in an Assembly constituency or filling of a vacancy in the office of Mayor)Notice AA – notice for guidance of voters for display inside polling stations and inside polling booths
Form 17 – Notices for guidance of voters at Authority elections combined with another election or referendumNotice AA1 – notice for guidance of voters for display inside polling stations and inside polling booths
(This note is not part of the Rules)