The Greater London Authority Elections (Amendment) Rules 2016

Statutory Instruments

2016 No. 24

London Government

Representation Of The People

The Greater London Authority Elections (Amendment) Rules 2016

Made

12th January 2016

Laid before Parliament

14th January 2016

Coming into force

8th February 2016

The Chancellor of the Duchy of Lancaster makes the following Rules in exercise of the powers conferred by section 36(2A) and (2B) of the Representation of the People Act 1983(1).

In accordance with section 7(1) and (2)(d) of the Political Parties, Elections and Referendums Act 2000(2) the Chancellor of the Duchy of Lancaster has consulted the Electoral Commission before making these Rules.

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Greater London Authority Elections (Amendment) Rules 2016.

(2) They come into force on 8th February 2016.

(3) Rules 2 to 10 apply only in respect of an Authority election the poll for which is on or after 1st May 2016.

(4) In these Rules—

(a) “the 2007 Rules” means the Greater London Authority Rules 2007(3); and

(b) a reference to the amendment of a numbered rule or Schedule in the rules below is, unless the contrary intention appears, a reference to that numbered rule in, or Schedule to, the 2007 Rules.

Amendment of the 2007 Rules

2.  The 2007 Rules are amended in accordance with rules 3 to 10.

GLRO’s power of direction

3.—(1) Amend rule 11 (GLRO’s power of direction) as follows.

(2) In paragraph (1), omit the full-out words at the end.

(3) In paragraph (4), for “Instructions to the voter” substitute “Instructions for voting by post”.

(4) In paragraph (7), for “(5)(b)” substitute “(5)(a)”.

Supply of postal voters lists, etc.

4.  After rule 11 insert—

“Supply of postal voters lists, etc.

12.— (1) Paragraphs (2) and (3) apply where a registration officer (“R”) for any part of an Assembly constituency is not the CRO for that constituency.

(2) As soon as practicable after 5pm on the sixth day before the day of the poll at an Authority election, R must send the CRO a copy of the lists R is required to keep in respect of that election under paragraphs 5 and 7(8) of Schedule 4 to the Representation of the People Act 2000 (absent voters lists and proxy postal voters list)(4).

(3) R must, on a request made at any time, supply the CRO with a copy of the lists mentioned in paragraph (2).

(4) In relation to an Authority election, for the purposes of paragraph (2), “the sixth day before the day of the poll” is to be computed in the same way as a period of time mentioned in the timetable for that election(5).”

Community support officers

5.—(1) In rule 2 (interpretation), in the appropriate place insert—

““2002 Act” means the Police Reform Act 2002(6);”.

(2) In Schedule 1 (Constituency Members Election Rules)—

(a) in rule 31 (notification of requirement of secrecy), make the existing provision paragraph (1) and after that paragraph insert—

“(2) In paragraph (1) a reference to a constable includes a person designated as a community support officer under section 38 of the 2002 Act (police powers for employees)(7).”;

(b) in rule 33 (admission to polling station), after paragraph (5) insert—

“(6) In this rule a reference to a constable includes a person designated as a community support officer under section 38 of the 2002 Act.”.

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

(a) in rule 32 (notification of requirement of secrecy), make the existing provision paragraph (1) and after that paragraph insert—

“(2) In paragraph (1) a reference to a constable includes a person designated as a community support officer under section 38 of the 2002 Act (police powers for employees).”;

(b) in rule 34 (admission to polling station), after paragraph (5) insert—

“(6) In this rule a reference to a constable includes a person designated as a community support officer under section 38 of the 2002 Act.”.

(4) In Schedule 3 (Mayoral Election Rules)—

(a) in rule 31 (notification of requirement of secrecy), make the existing provision paragraph (1) and after that paragraph insert—

“(2) In paragraph (1) a reference to a constable includes a person designated as a community support officer under section 38 of the 2002 Act (police powers for employees).”;

(b) in rule 33 (admission to polling station), after paragraph (5) insert—

“(6) In this rule a reference to a constable includes a person designated as a community support officer under section 38 of the 2002 Act.”.

(5) In Schedule 5 (Constituency Members Election Rules at a combined election)—

(a) in rule 31 (notification of requirement of secrecy), make the existing provision paragraph (1) and after that paragraph insert—

“(2) In paragraph (1) a reference to a constable includes a person designated as a community support officer under section 38 of the 2002 Act (police powers for employees).”;

(b) in rule 33 (admission to polling station), after paragraph (5) insert—

“(6) In this rule a reference to a constable includes a person designated as a community support officer under section 38 of the 2002 Act.”.

(6) In Schedule 6 (London Members Election Rules at a combined election)—

(a) in rule 32 (notification of requirement of secrecy), make the existing provision paragraph (1) and after that paragraph insert—

“(2) In paragraph (1) a reference to a constable includes a person designated as a community support officer under section 38 of the 2002 Act (police powers for employees).”;

(b) in rule 34 (admission to polling station), after paragraph (5) insert—

“(6) In this rule a reference to a constable includes a person designated as a community support officer under section 38 of the 2002 Act.”.

(7) In Schedule 7 (Mayoral Election Rules at a combined election)—

(a) in rule 31 (notification of requirement of secrecy), make the existing provision paragraph (1) and after that paragraph insert—

“(2) In paragraph (1) a reference to a constable includes a person designated as a community support officer under section 38 of the 2002 Act (police powers for employees).”;

(b) in rule 33 (admission to polling station), after paragraph (5) insert—

“(6) In this rule a reference to a constable includes a person designated as a community support officer under section 38 of the 2002 Act.”.

Timing of nominations, etc.

6.—(1) In rule 7 (modifications to the election timetable at by-elections), in the timetable—

(a) in the right-hand column, in the entry alongside “delivery of nomination papers”, for “noon” substitute “4 in the afternoon”;

(b) after that entry insert—

“Delivery of notices of withdrawals of candidature

Not later than 4 in the afternoon on the nineteenth day before the day of election”;

(c) in the right-hand column, in the entry alongside “publication of statement as to persons nominated”—

(i) for “noon” substitute “4 in the afternoon”; and

(ii) for “seventeenth” substitute “eighteenth”; and

(d) after that entry, omit the entry for delivery of notices of withdrawals of candidature.

(2) In rule 3 of Schedule 1 (timetable), in the timetable—

(a) in the right-hand column, in the entry alongside “delivery of nomination papers”, for “noon” substitute “4 in the afternoon”;

(b) after that entry insert—

“ Delivery of notices of withdrawals of candidature

Not later than 4 in the afternoon on the twenty-fourth day before the day of election”;

(c) in the right-hand column, in the entry alongside “publication of statement as to persons nominated” for “noon” substitute “4 in the afternoon; and

(d) after that entry, omit the entry for delivery of notices of withdrawals of candidature.

(3) In rule 10 of Schedule 1 (publication of statement of persons nominated)—

(a) in paragraph (1), after “prepare and” insert “(subject to paragraph (11))”;

(b) for paragraph (8) substitute—

“(8) Paragraphs (9) to (11) apply at an ordinary election.

(9) As soon as possible after all decisions under rule 9 which are required to be made have been made, the CRO must arrange for a copy of the statement that the CRO has prepared and proposes to publish to be delivered to the GLRO.

(10) If, after having delivered the statement mentioned in paragraph (9) to the GLRO, the CRO receives notification from the GLRO under rule 13(4) that a candidate is deemed to have withdrawn his or her candidature, the CRO must amend that statement accordingly.

(11) The CRO may not publish the statement under paragraph (1) until—

(a) the CRO has made any amendments required under paragraph (10), or

(b) where no notification under rule 13(4) is received from the GLRO, the time by which the GLRO must give such a notification has passed.”

(4) For rule 13 of Schedule 1 (nomination in more than one Assembly constituency) substitute—

“13.— (1) This rule applies at an ordinary election.

(2) A candidate who is validly nominated in more than one Assembly constituency must withdraw his or her candidature, in accordance with rule 14, in all but one of those constituencies.

(3) Where a candidate does not withdraw his or her candidature as mentioned in paragraph (2), he or she is deemed, after the last time for delivery of notices of withdrawals, to have withdrawn his or her candidature from all the Assembly constituencies in which he or she is, but for this rule, validly nominated.

(4) Where, having reviewed the proposed statements of persons nominated delivered under rule 10(9), it appears to the GLRO that a candidate (“C”) appears (but for this rule) to have been validly nominated in more than one Assembly constituency (“a relevant constituency”), the GLRO must at least one hour before the last time for publication of the statement as to persons nominated as set out in the timetable in rule 3, notify the CRO for each relevant constituency that C’s candidature is deemed to have been withdrawn in that constituency.

(5) A CRO must, as soon as practicable after receiving the notification mentioned in paragraph (4), notify C that C’s candidature is deemed to have been withdrawn in that constituency.”

(5) In rule 15 of Schedule 1 (method of election), for “rule 14”, both times it occurs, substitute “these Rules”.

(6) In rule 3 of Schedule 2 (timetable), in the timetable—

(a) in the entry for “delivery of nomination papers”—

(i) in the left-hand column, after “delivery of nomination papers” insert “and party lists”;

(ii) in the right-hand column, for “noon” substitute “4 in the afternoon”;

(b) after that entry insert—

“ Delivery of notices of withdrawals of candidature

Not later than 4 in the afternoon on the twenty-fourth day before the day of election”;

(c) in the right-hand column, in the entry alongside “publication of statement as to persons nominated” for “noon” substitute “4 in the afternoon”; and

(d) after that entry omit the entry for delivery of notices of withdrawals.

(7) In rule 3 of Schedule 3 (timetable), in the timetable—

(a) in the right-hand column, in the entry alongside “delivery of nomination papers” for “noon” substitute “4pm”;

(b) after that entry insert—

“ Delivery of notices of withdrawals of candidature

Not later than 4 in the afternoon on the twenty-fourth day before the day of election”;

(c) in the right-hand column, in the entry alongside “publication of statement as to persons nominated” for “noon” substitute “4 in the afternoon”; and

(d) after that entry, omit the entry for delivery of notices of withdrawals of candidature.

(8) In rule 3 of Schedule 5 (timetable), in the timetable—

(a) in the right-hand column, in the entry alongside “delivery of nomination papers” for “noon” substitute “4 in the afternoon”;

(b) after that entry insert—

“Delivery of notices of withdrawals of candidature

Not later than 4 in the afternoon on the twenty-fourth day before the day of election”;

(c) in the right-hand column, in the entry alongside “publication of statement as to persons nominated” for “noon” substitute “4 in the afternoon”; and

(d) after that entry, omit the entry for delivery of notices of withdrawals of candidature.

(9) In rule 10 of Schedule 5 (publication of statement of persons nominated)—

(a) in paragraph (1), after “prepare and” insert “(subject to paragraph (11))”:

(b) for paragraph (8) substitute—

“(8) Paragraphs (9) to (11) apply at an ordinary election.

(9) As soon as possible after all decisions under rule 9 which are required to be made have been made, the CRO must arrange for a copy of the statement that the CRO has prepared and proposes to publish to be delivered to the GLRO.

(10) If, after having delivered the statement mentioned in paragraph (9) to the GLRO, the CRO receives notification from the GLRO under rule 13(4) that a candidate is deemed to have withdrawn his or her candidature, the CRO must amend that statement accordingly.

(11) The CRO may not publish the statement under paragraph (1) until—

(a) the CRO has made any amendments required under paragraph (10), or

(b) where no notification under rule 13(4) is received from the GLRO, the time by which the GLRO must give such notification has passed.”

(10) For rule 13 of Schedule 5 (nomination in more than one Assembly constituency) substitute—

“13.— (1) This rule applies at an ordinary election.

(2) A candidate who is validly nominated in more than one Assembly constituency must withdraw his or her candidature, in accordance with rule 14, in all but one of those constituencies.

(3) Where a candidate does not withdraw his or her candidature as mentioned in paragraph (2), he or she is deemed, after the last time for delivery of notices of withdrawals, to have withdrawn his or her candidature from all the Assembly constituencies in which he or she is, but for this rule, validly nominated.

(4) Where, having reviewed the proposed statements of persons nominated delivered under rule 10(9), it appears to the GLRO that a candidate (“C”) appears (but for this rule) to have been validly nominated in more than one Assembly constituency (“a relevant constituency”), the GLRO must at least one hour before the last time for publication of the statement as to persons nominated as set out in the timetable in rule 3, inform the CRO for each relevant constituency that C’s candidature is deemed to have been withdrawn in that constituency.

(5) A CRO must, as soon as practicable, after receiving the notification mentioned in paragraph (4), notify C that C’s candidature is deemed to have been withdrawn in that constituency.”

(11) In rule 15 of Schedule 5 (method of election), for “rule 14”, both times it occurs, substitute “these Rules”.

(12) In rule 3 of Schedule 6 (timetable), in the timetable—

(a) in the right-hand column, in the entry alongside “delivery of nomination papers and party lists” for “noon” substitute “4 in the afternoon”;

(b) after that entry insert—

“Delivery of notices of withdrawals of candidature

Not later than 4 in the afternoon on the twenty-fourth day before the day of election”;

(c) in the right-hand column, in the entry alongside “publication of statement as to persons nominated” for “noon” substitute “4 in the afternoon”; and

(d) after that entry, omit the entry for delivery of notices of withdrawals of candidature.

(13) In rule 3 of Schedule 7 (timetable), in the timetable—

(a) in the right-hand column, in the entry alongside “delivery of nomination papers” for “noon” substitute “4 in the afternoon”;

(b) after that entry insert—

“ Delivery of notices of withdrawals of candidature

Not later than 4 in the afternoon on the twenty-fourth day before the day of election”;

(c) in the right-hand column, in the entry alongside “publication of statement as to persons nominated” for “noon” substitute “4 in the afternoon”; and

(d) after that entry, omit the entry for delivery of notices of withdrawals of candidature.

Consent to nomination

7.—(1) In rule 7 of Schedule 1 (consent to nomination), in paragraph (2)(b)—

(a) after paragraph (i), omit “or”;

(b) for paragraph (ii) substitute—

“(ii) a decision made under section 78A of the Local Government Act 2000 (decisions of First-tier tribunal)(8), or

(iii) an order made under section 34(4) of the Localism Act 2011(offences)(9).”.

(2) In rule 9 of Schedule 2 (consent to nomination), in paragraph (2)(c)—

(a) after paragraph (i), omit “or”;

(b) for paragraph (ii) substitute—

“(ii) a decision made under section 78A of the Local Government Act 2000 (decisions of First-tier tribunal), or

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

(3) In rule 8 of Schedule 3 (consent to nomination), in paragraph (2)(b)—

(a) after paragraph (i), omit “or”;

(b) for paragraph (ii) substitute—

“(ii) a decision made under section 78A of the Local Government Act 2000 (decisions of First-tier tribunal), or

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

(4) In rule 7 of Schedule 5 (consent to nomination), in paragraph (2)(b)—

(a) after paragraph (i), omit “or”;

(b) for paragraph (ii) substitute—

“(ii) a decision made under section 78A of the Local Government Act 2000 (decisions of First-tier tribunal), or

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

(5) In rule 9 of Schedule 6 (consent to nomination), in paragraph (2)(c)—

(a) after paragraph (i), omit “or”;

(b) for paragraph (ii) substitute—

“(ii) a decision made under section 78A of the Local Government Act 2000 (decisions of First-tier tribunal), or

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

(6) In rule 8 of Schedule 7 (consent to nomination), in paragraph (2)(b)—

(a) after paragraph (i), omit “or”;

(b) for paragraph (ii) substitute—

“(ii) a decision made under section 78A of the Local Government Act 2000 (decisions of First-tier tribunal), or

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

(7) In Schedule 10 (forms), in form 4 (candidates consent to nomination)—

(a) in the paragraph beginning “I declare that on the day…” for “European Community” substitute “European Union”;

(b) in the paragraph beginning “I declare to the best of my knowledge” for “or any decision made under section 79 the Local Government Act 2000(10),” substitute “a decision made under section 78A of the Local Government Act 2000, or an order made under section 34(4) of the Localism Act 2011,”; and

(c) on the back of the form, for “and section 79 of the Local Government Act 2000” substitute “, 78A of the Local Government Act 2000 and 34 of the Localism Act 2011”.

Ballot papers

8.—(1) In rule 17 of Schedule 1 (ballot papers), in paragraph (3)(a), after “must” insert “, so far as practicable for the purposes of electronic counting,”.

(2) In rule 18 of Schedule 2 (ballot papers), in paragraph (4)(a), after “must” insert “, so far as practicable for the purposes of electronic counting,”.

(3) In rule 17 of Schedule 3 (ballot papers), in paragraph (3)(a), after “must” insert “, so far as practicable for the purposes of electronic counting,”.

(4) In rule 3 of Schedule 4 (manual count rules), in table 1 (modifications), at the beginning, insert—

“CMER rule 17 (ballot papers)	In paragraph (3)(a) omit “, so far as practicable for the purposes of electronic counting,”
LMER rule 18 (ballot papers)	In paragraph (4)(a) omit “, so far as practicable for the purposes of electronic counting,”
MER rule 17 (ballot papers)	In paragraph (3)(a) omit “, so far as practicable for the purposes of electronic counting,””.

(5) In rule 17 of Schedule 5 (ballot papers), in paragraph (3)(a), after “must” insert “, so far as practicable for the purposes of electronic counting,”.

(6) In rule 18 of Schedule 6 (ballot papers), in paragraph (4)(a), after “must” insert “, so far as practicable for the purposes of electronic counting,”.

(7) In rule 17 of Schedule 7 (ballot papers), in paragraph (3)(a), after “must” insert “, so far as practicable for the purposes of electronic counting,”.

(8) In rule 2(1) of Schedule 8 (combined manual count rules), in the table (modifications), at the beginning insert—

“CMER rule 17 (ballot papers)	In paragraph (3)(a) omit “, so far as practicable for the purposes of electronic counting,”
LMER rule 18 (ballot papers)	In paragraph (4)(a) omit “, so far as practicable for the purposes of electronic counting,”
MER rule 17 (ballot papers)	In paragraph (3)(a) omit “, so far as practicable for the purposes of electronic counting,””.

Voters waiting at polling station at close of poll

9.—(1) In Schedule 1—

(a) in rule 38 (voting procedure), after paragraph (7) insert—

“(8) A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting must (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.”;

(b) in rule 49 (verification and the count), after paragraph (3) insert—

“(3A) A postal ballot paper or postal voting statement that reaches the CRO or a polling station mentioned in sub-paragraph (a) of paragraph (2) at or after the close of the poll is treated for the purposes of paragraph (2) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.”.

(2) In Schedule 2—

(a) in rule 39 (voting procedure), after paragraph (7) insert—

“(8) A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting must (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.”;

(b) in rule 50 (verification and the local count), after paragraph (3) insert—

“(3A) A postal ballot paper or postal voting statement that reaches the CRO or a polling station mentioned in sub-paragraph (a) of paragraph (2) at or after the close of the poll is treated for the purposes of paragraph (2) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.”.

(3) In Schedule 3—

(a) in rule 38 (voting procedure), after paragraph (7) insert—

“(8) A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting must (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.”;

(b) in rule 49 (verification and the local count), after paragraph (3) insert—

“(3A) A postal ballot paper or postal voting statement that reaches the CRO or a polling station mentioned in sub-paragraph (a) of paragraph (2) at or after the close of the poll is treated for the purposes of paragraph (2) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.”.

(4) In Schedule 5—

(a) in rule 38 (voting procedure), after paragraph (8) insert—

“(9) A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting must (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.”;

(b) in rule 49 (verification and the count)—

(i) after paragraph (6) insert—

“(6A) A postal ballot paper or postal voting statement that reaches the CRO or a polling station in the appropriate area at or after the close of the poll is treated for the purposes of paragraph (5) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.”;

(ii) in paragraph (7), for “(5) and (6)” substitute “(5), (6) and (6A)”.

(5) In Schedule 6—

(a) in rule 39 (voting procedure), after paragraph (8) insert—

“(9) A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting must (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.”;

(b) in rule 50 (verification and the local count)—

(i) in paragraph (5)(a) omit “before the close of the,” (the first time it occurs);

(ii) after paragraph (6) insert—

“(6A) A postal ballot paper or postal voting statement that reaches the CRO or a polling station in the appropriate area at or after the close of the poll is treated for the purposes of paragraph (5) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.”;

(iii) in paragraph (7), for “(5) and (6)” substitute “(5), (6) and (6A)”.

(6) In Schedule 7—

(a) in rule 38 (voting procedure), after paragraph (8) insert—

“(9) A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting must (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.”;

(b) in rule 49 (verification and the local count)—

(i) in paragraph (5)(a), omit “before the close of the,” (the first time it occurs);

(ii) after paragraph (6) insert—

“(6A) A postal ballot paper or postal voting statement that reaches the CRO or a polling station in the appropriate area at or after the close of the poll is treated for the purposes of paragraph (5) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.”;

(iii) in paragraph (7), for “(5) and (6)” substitute “(5), (6) and (6A)”.

Amendment of forms

10.—(1) Amend Schedule 10 (Schedule of forms)(11) as follows.

(2) In rule 2 (which enables adaptation of the forms), after “so far as circumstances require” insert “(and in particular, for the purposes of electronic counting)”.

(3) After rule 2, in the list of forms—

(a) omit “Form 10: (postal voting statement: constituency member or mayoral by-election)”;

(b) for “Form 11: postal voting statement (ordinary election)” substitute “Form 11: postal voting statement (ordinary elections or constituency member or mayoral by-election)”; and

(c) after the entry for form 11 insert—

“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”;

(d) after the entry for form 19 (declaration to be made by the companion of a voter with disabilities) insert—

“Form 19A: Declaration to be made by the companion of a voter with disabilities: combined election”.

(4) After the list of forms, in the appropriate places, substitute the following forms set out in Part 1 of the Schedule to these Rules—

(a) form 5 (ballot paper for constituency member elections and directions as to printing the ballot paper);

(b) form 6 (ballot paper for London members elections and directions as to printing the ballot paper);

(c) form 7 (ballot paper for mayoral elections and directions as to printing the ballot paper);

(d) form 12 (official poll card);

(e) form 13 (official postal poll card);

(f) form 14 (official proxy poll card);

(g) form 15 (official proxy postal poll card);

(h) form 18 (certificate of employment).

(5) Omit form 10 (postal voting statement: constituency member or mayoral by-election).

(6) For form 11 (postal voting statement: ordinary election), substitute form 11 (postal voting statement: ordinary elections or constituency member or mayoral by-election), set out in Part 2 of the Schedule to these Rules.

(7) After form 11 insert—

(a) form 11A (postal voting statement: for use at a combined election where issue and receipt of postal ballot papers are taken together); and

(b) form 11B (postal voting statement: for use at a combined election where issue and receipt of postal ballot papers are not taken together),

set out in Part 2 of the Schedule to these Rules.

(8) In form 16 (notices for guidance for voters at ordinary day elections (or for filling of a vacancy in an Assembly constituency or filling of a vacancy in the office of Mayor))—

(a) for notice A (notice for guidance of voters for display inside and outside polling stations) substitute notice A set out in Part 3 of the Schedule to these Rules;

(b) after notice A insert notice AA (notice for guidance of voters for display inside polling stations and inside polling booths) set out in that Part of that Schedule;

(c) omit notice B (notice for guidance of voters for display inside polling stations);

(d) omit notice D1 (notice for guidance of voters for display inside polling booths); and

(e) omit notice D2 (notice for guidance of voters for inside polling stations).

(9) In form 17 (notices for guidance of voters at GLA election combined with another election or referendum)—

(a) for notice A1 (notice for guidance of voters for display inside and outside polling stations) substitute notice A1 set out in Part 3 of the Schedule to these Rules;

(b) after notice A1 insert notice AA1 (notice for guidance of voters for display inside polling stations and inside polling booths) set out in that Part of that Schedule;

(c) omit notice C1 (notice for guidance of voters for display inside polling stations); and

(d) omit notice D3 (notice for guidance of voters for display inside polling booths).

(10) For form 19 (declaration to be made by the companion of a voter with disabilities) substitute form 19 set out in Part 4 of the Schedule to these Rules.

(11) After form 19 insert form 19A (declaration to be made by the companion of a voter with disabilities: combined election) set out in that Part of that Schedule.

John Penrose

Minister for Constitutional Reform

Cabinet Office

12th January 2016

rule 10

SCHEDULE Forms

PART 1 Miscellaneous forms

Form 5 – Ballot paper for constituency member elections
	CMER rule 17

Form 6 – Ballot paper for London members elections
	LMER rule 18

Form 7 – Ballot paper for mayoral elections
	MER rule 17

Form 12 – Official poll card
	CMER rule 26, LMER rule 27, MER rule 26

Front of card

Back of card

Form 13 – Official postal poll card
	CMER rule 26, LMER rule 27, MER rule 26

Front of card

Back of card

Form 14 – Official proxy poll card
	CMER rule 26, LMER rule 27, MER rule 26

Front of card

Back of card

Form 15 – Official proxy postal poll card
	CMER rule 26, LMER rule 27, MER rule 26

Front of card

Back of card

Form 18 – Certificate of Employment
	CMER rule 33(4), LMER rule 34(4), MER rule 33(4)

PART 2 Postal voting statements

Form 11 – form of postal voting statement: ordinary elections or constituency member or mayoral by-election
	CMER rule 23, LMER 24, MER 23

Form 11A – form of postal voting statement: combined elections where issue and receipt of postal ballot papers are taken together
	CMER rule 23, LMER 24, MER 23

Form 11B – form of postal voting statement: combined elections where issue and receipt of postal ballot papers are not taken together
	CMER rule 23, LMER 24, MER 23

PART 3 Notices for guidance of voters

Notice A – Notice for guidance of voters for display inside and outside polling stations

Notice AA – Notice for guidance of voters for display inside polling stations and inside polling booths

Notice A1 – Notice for guidance of voters for display inside and outside polling stations

Notice AA1 – Notice for guidance of voters for display inside polling stations and inside polling booths

PART 4 Declaration to be made by the companion of a voter with disabilities

Form 19 – Declaration to be made by the companion of a voter with disabilities
	CMER rule 40, LMER rule 41, MER rule 40

Form 19A – Declaration to be made by the companion of a voter with disabilities: combined election
	CMER rule 40, LMER rule 41, MER rule 40

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Greater London Authority Elections Rules 2007 (S.I. 2007/3541) (“2007 Rules”) which make provision for the conduct of elections to the GLA and, in particular, include separate election rules for elections for London Assembly constituency and London members and for the Mayor of London.

Rule 3 makes three minor amendments to rule 11 of the 2007 Rules. Paragraphs (2) and (4) are correcting amendments. Paragraph (3) is necessary as a consequence of the substitution of a new form of postal voting statement.

Rule 4 inserts a new rule 12 in the 2007 Rules. At an Authority election the constituency returning officer, who is responsible for sending out the postal votes, might not also be the electoral registration officer for the whole of the constituency. New rule 12 requires each registration officer in that constituency to send to the returning officer the absent voters lists and proxy postal voters lists that the registration officer is required to keep for his or her registration area. These must be sent as soon as practicable after 5pm on the sixth day before the date of the poll. The registration officer must also provide the lists to the returning officer on request.

Rule 5 amends all the sets of rules so that references to a constable in the rules relating to notification of secrecy and admission to the polling station are read to include references to a police community support officer. This brings the rules for Authority elections into line with the rules for other elections in England and Wales.

Rule 6 amends the election timetables for all authority elections and, where applicable, by-elections. The deadlines for delivery of nomination papers and withdrawal of candidature are now the same. The former being put back from noon to 4pm on the 24th day before the date of the poll and the latter being brought forward from noon on the 21st day before the date of the poll to 4pm on the 24th day before the date of the poll.

Rule 6(4) and (10) substitute rule 13 in the Constituency Members Election Rules. This is necessary because the deadline for withdrawal of candidature has been brought forward. A candidate who is validly nominated in more than one constituency must withdraw from all but one, otherwise he or she will be deemed to have withdrawn from all. The Greater London Returning Officer will still be required to consider all the constituencies’ copies of statements as to persons nominated, and where a candidate is shown as having been validly nominated in more than one constituency inform the relevant constituency returning officers of that fact (and that the candidate is therefore deemed to have withdrawn his or her candidature).

Rule 7 amends the rules relating to consent to nomination and the relevant form. The reference to section 79 of the Local Government Act 2000 (c. 22), which has been repealed so far as it applies in England, is replaced with references to section 78A of that Act and section 34 of the Localism Act 2011 (c. 20).

Rule 8 amends the rules relating to ballot papers to permit returning officers to depart from the directions for printing the ballot papers if adaptations to the ballot papers have made been made for the purposes of electronic counting.

Rule 9 amends the rules relating to voting procedure and return of postal votes such that a voter who is in, or in a queue outside, the polling station for the purpose of voting at the close of the poll is still permitted to apply for a ballot paper. Similarly a postal vote returned by a person who is in, or in a queue outside, the polling station for the purpose of returning a postal ballot paper at the close of the poll is treated as having been returned before the close of the poll. This brings the conduct of Authority elections into line with that at other elections in England and Wales.

Rule 10 substitutes and inserts a number of new forms. The forms have been updated and are substituted or inserted so as to be consistent with those now used at parliamentary and other local elections.

An impact assessment has not been prepared for this instrument as no impact on the private or voluntary sector is foreseen.

(1)

1983 c. 2; the Secretary of State’s functions under this Act are exercisable concurrently with the Chancellor of the Duchy of Lancaster by virtue of S.I. 2015/1376. Subsections (2A) and (2B) were inserted by section 17 of, and paragraph 4 of Schedule 3 to, the Greater London Authority Act 1999 (c. 29). That paragraph also inserted subsections (4B) and (6A). Other amendments have been made to section 36 but they are not relevant to these Rules.

(2)

2000 c. 41; amendments have been made to section 7 but they are not relevant to these Rules.

(3)

S.I. 2007/3541. These Rules have been amended by S.I. 2010/1172 and S.I. 2012/198.

(4)

2000 c. 2; paragraph 5 was amended by paragraphs 22 and 137 of Schedule 1 to the Electoral Administration Act 2006 (c. 22); paragraph 7 was amended by sections 14 and 38 of, and paragraphs 23 and 137 of Schedule 1 to, that Act. Other amendments have been made to both paragraphs 5 and 7 but they are not relevant to these Rules.

(5)

The CMER LMER and MER all contain a rule governing the computation of periods of time for the purposes of the timetable at that election: see rule 4 of the CMER; rule 4 of the LMER; and rule 4 of the MER.

(6)

2002 c. 30.

(7)

Relevant amendments to section 38 have been made by paragraphs 277 and 292 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13) (which amended the heading and subsection (1)). Other amendments have been made to section 38 but they are not relevant to these Rules.

(8)

2000 c. 22; section 78A was inserted by section 198 of the Local Government and Public Involvement in Health Act 2007 (c. 28) and was subsequently repealed (subject to savings in respect of both police authorities and existing decisions) by Part 5 of Schedule 25 to the Localism Act 2011 (c. 20).

(9)

2011 c. 20.

(10)

2000 c. 22; section 79 was amended so as to apply in relation to Wales only by section 199 of the Local Government and Public Involvement in Health Act 2007 (c. 28). The declaration in form 4 substituted by these Rules contained a typographical error (viz “section 79 the Local Government Act 2000”).

(11)

New forms 1, 2 and 3 were substituted in Schedule 10 by S.I. 2012/198.