The Local Authorities (Conduct of Referendums) (England) Regulations 2001

PART IV APPLICATION, WITH MODIFICATIONS, OF THE GLA ELECTIONS RULES

In this Part—

“GLA constituency” means an area for the time being specified in an order made by the Secretary of State under section 2(4) of the Greater London Authority Act 1999(1);

“GLA election” means an election under one or more of—

(a)

the Constituency Members Election Rules,

(b)

the London Members Election Rules,

(c)

the Mayoral Elections Rules, and

(d)

the Ordinary Elections rules; and expressions used in both this Part and in any of Schedules 1, 2 and 3 to the GLA Elections Rules have the same meaning for the purposes of this Part as they have for the purposes of that Schedule.

TABLE

(1)	(2)
Provision	Modification
CMER 15(2) LMER 16(3) MER 16(4) (the ballot papers)	Add at the end of paragraph (2)— “(e) shall be of a different colour from that of any ballot papers used at the referendum the poll at which is taken together with the poll at the GLA election”
CMER 19 LMER 20 MER 20 (notice of poll)	Add at the end— “(4) The notice published under paragraph (3) shall— (a) state that the poll at the GLA election is to be taken together with the poll at a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2001; and (b) specify the area in which the referendum is held.”
CMER 23 LMER 24 MER 24 (issue of official poll cards)	In paragraph (4), for “or, as the case may be, a London borough election”, substitute “a London borough election or, as the case may be, a referendum”.
CMER 24 LMER 25 MER 25 (equipment of polling stations)	For paragraph (2), substitute— “(2) The ballot papers shall, as the returning officer may decide, be placed— (a) in a single ballot box; or (b) in separate ballot boxes according to whether the votes given on them are cast in the election or the referendum.”. For paragraph (4) in the CMER and LMER, substitute— “(4) In every compartment of every polling station there shall be exhibited notices in the appropriate forms, which shall be printed on paper of the same colour as that of the ballot papers for use at the election or the referendum to which the notice in question relates.” For paragraph (5) in the MER, substitute— “(5) In every compartment of every polling station there shall be exhibited notices in the appropriate forms, which shall be printed on paper of the same colour as that of the ballot papers for use at the election or the referendum to which the notice in question relates.”
CMER 32 LMER 33 MER 33 (voting procedure)	Add at the end— “(4) The same copy of the register of electors may be used under paragraph (1) for the election and the referendum. (5) One mark may be placed in that register under paragraph (1)(d) to denote that a ballot paper has been received in respect of both the election and the referendum; except that, where a ballot paper has been issued in respect of either the election only, or the referendum only, a different mark shall be placed in the register so as to identify that the ballot paper was issued in respect of the election or, as the case may be, the referendum.”
CMER 39(1) (attendance at counting of votes) LMER 40(1) (attendance at local count) MER 40(1) (attendance at local count)	For paragraph (1) substitute— “(1) As soon as practicable after the close of the polls, the CRO shall make arrangements for counting the votes at the election and the referendum in the presence of— (a) the counting agents appointed for the purposes of the GLA election; and (b) the counting observers appointed for the purposes of the referendum, and he shall give to those counting agents and counting observers notice in writing of the time and place at which he will begin to count the votes.”
CMER 39(2) to (5)	In paragraph (2), after subparagraph (d), insert— “(e) any person entitled under regulation 13(5) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001 to attend at the counting of the votes at the referendum,”. In paragraph (3)(a), before “the efficient” insert “the efficient separation and verification of the ballot papers or, as the case may be,”. In paragraph (4), after “counting agents”, insert “and the counting observers”. In paragraph (5)— (a) after “the candidate for whom”, insert “or the answer for which”; (b) after “each candidate”, insert “or each answer”; and (c) after “counting agents”, insert “and the counting observers”.
LMER 40(2) to (5)	In paragraph (2), after sub-paragraph (d), insert— “(e) any person entitled under regulation 13(5) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001 to attend at the counting of the votes at the referendum,”. In paragraph (3)(a), before “the efficient” insert “the efficient separation and verification of the ballot papers or, as the case may be,”. In paragraph (4), after “counting agents”, insert “and the counting observers”. In paragraph (5)— (a) after “for whom”, insert “, or the answer for which,”; (b) after “or party”, insert “or answer”; and (c) after “counting agents”, insert “and the counting observers”.
MER 40(2) to (5)	In paragraph (2), after sub-paragraph (d), insert— “(e) any person entitled under regulation 13(5) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001 to attend at the counting of the votes at the referendum,”. In paragraph (4), after “counting agents”, insert “and the counting observers”. In paragraph (5)— (a) after “the candidate for whom”, insert “or the answer for which”; (b) after “each candidate”, insert “or each answer”; and (c) after “counting agents”, insert “and the counting observers”.
CMER 40 LMER 41 MER 41 (the count)	In paragraph (1)— (a) after “returning officer”, insert “who is discharging the functions specified in regulation 98 of the Representation of the People Regulations 1986”; (b) for the words after “shall” substitute— “(a) in the presence of the counting agents appointed for the purposes of the GLA election and the counting observers appointed for the purposes of the referendum, open each ballot box and record separately the number of ballot papers used in the election and in the referendum; (b) in the presence of the election agents appointed for the purposes of the GLA election and the counting observers appointed for the purposes of the referendum, verify each ballot paper account; (c) count such of the postal ballot papers as have been duly returned and record separately the number counted at the election and the referendum; (d) separate the ballot papers relating to the GLA election from the ballot papers relating to the referendum; (e) make up into packets the ballot papers relating to the referendum and seal them up in a container endorsing on it a description of the area to which the ballot papers relate; (f) deliver or cause to be delivered to the counting officer for the referendum to which the ballot papers relate— (i) the container, together with a list of its contents; and (ii) the ballot paper account together with a copy of the statement as to the result of its verification in respect of the referendum; and (g) at the same time deliver to that officer packets that so relate containing— (i) the unused and spoilt ballot papers, (ii) the tendered ballot papers, and (iii) the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll.”. For paragraph (2), substitute— “(2) After completion of the proceedings under paragraph (1), the returning officer shall mix together all of the ballot papers used at the GLA election and count the votes given on them. (2A) Paragraph (6) does not apply to proceedings under paragraph (1) or (2).”.
CMER 50 LMER 51 MER 51 (delivery of documents)
CMER 51 LMER 58 MER 56 (countermand or abandonment of poll)	Add at the end of paragraph (1)— “Provided that neither the countermand of the poll at the GLA election nor the direction that that poll be abandoned shall affect the poll at the referendum.”
In Schedule 5 (forms), Form 8 (declaration of identity—constituency and mayoral elections otherwise than at ordinary elections) and Form 9 (declaration of identity—ordinary elections)	(a) For “Ballot Paper No.” or, as the case may be, “Ballot Paper Nos.”, substitute “Ballot Paper No(s).” (b) In paragraph 2 of the section entitled “INSTRUCTIONS TO THE VOTER”, for the words from the beginning to the end of the bracket substitute “*[At the ... ... ... ... election vote for one candidate only.] [At the ... ... ... ... election vote for no more than ... ... ... ... candidates.] [At the Mayoral election, vote once for your first choice and once for your second choice.] [At the referendum, vote “yes” or “no” by putting a cross (X) in one box only.] *complete or omit as appropriate.”

(1)

1999 c. 29.

(2)

The Constituency Members Election Rules set out in Schedule 1 to the GLA Elections Rules (S.I. 2000/427, amended by S.I. 2000/1040).

(3)

The London Members Election Rules set out in Schedule 2 to the GLA Elections Rules.

(4)

The Mayoral Election Rules set out in Schedule 3 to the GLA Elections Rules.