The Local and Greater London Authority Elections (Coronavirus, Nomination of Candidates) (Amendment) (England) Rules 2021

Statutory Instruments

2021 No. 160

Local Government, England

Representation Of The People, England

The Local and Greater London Authority Elections (Coronavirus, Nomination of Candidates) (Amendment) (England) Rules 2021

Made

at 9.20 a.m. on 17th February 2021

Laid before Parliament

at 1.15 p.m. on 17th February 2021

Coming into force

10th March 2021

The Minister for the Cabinet Office makes these Rules in exercise of the powers conferred by section 36(1), (2) and (2A) of the Representation of the People Act 1983(1) and now vested in the Minister(2).

The Minister for the Cabinet Office has consulted the Electoral Commission in accordance with section 7(1) and (2)(d) of the Political Parties, Elections and Referendums Act 2000(3).

Citation, commencement, extent and application

1.—(1) These Rules may be cited as the Local and Greater London Authority Elections (Coronavirus, Nomination of Candidates) (Amendment) (England) Rules 2021 and come into force on 10th March 2021.

(2) Any amendment made by these Rules has the same extent and application as the provision amended, except for the amendments made by rule 3 which apply to England only.

Expiry and savings

2.—(1) These Rules expire at the end of 28th February 2022.

(2) Despite paragraph (1), the amendments made by rules 3 and 4 continue to have effect after that date in relation to an election where—

(a) the notice of the election is published on or before 28th February 2022, and

(b) the poll for that election takes place on or after that date.

Amendment of the Local Elections (Principal Areas) (England and Wales) Rules 2006

3.—(1) The Local Elections (Principal Areas) (England and Wales) Rules 2006(4) are amended as follows.

(2) In Schedule 2 (rules for conduct of an election of councillors of a principal area where poll is not taken together with poll at another election), in rule 6 (subscription of nomination paper)—

(a) in paragraph (1), omit from “, and” to the end;

(b) in paragraph (2)—

(i) for “, seconding or assenting to” substitute “or seconding”;

(ii) omit “or signatures (up to the required number)”.

(3) In Schedule 3 (rules for conduct of an election of councillors of a principal area where the poll is taken together with the poll at a relevant election or referendum), in rule 6 (subscription of nomination paper)—

(a) in paragraph (1), omit from “, and” to the end;

(b) in paragraph (2)—

(i) for “, seconding or assenting to” substitute “or seconding”;

(ii) omit “or signatures (up to the required number)”.

Amendment of the Greater London Authority Elections Rules 2007

4.  In both Schedule 3 and Schedule 7 to the Greater London Authority Elections Rules 2007(5) (the mayoral election rules), in rule 7(1) (subscription of nomination papers)—

(a) for “330” substitute “66”;

(b) for “ten” substitute “two”.

Chloe Smith

Minister of State for the Constitution and Devolution

Cabinet Office

At 9.20 a.m. on 17th February 2021

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Local Elections (Principal Areas) (England and Wales) Rules 2006 (S.I. 2006/3304) and the Greater London Authority Elections Rules 2007 (S.I. 2007/3541). The amendments reduce the number of subscribing electors that are required on a candidate nomination form respectively for local elections and for the London mayoral elections. This is to reduce the amount of person to person contact that may be needed as part of the nomination process, in order to reduce the risk of exposure to and transmission of the Coronavirus.

Rule 2 provides for the expiry of these amendments at the end of 28th February 2022, except in respect of elections which have been commenced (by the issuing of the notice of election) on or before that date but where the poll for that election will take place on or after that date. The prior rules, which are amended by these rules, will apply to elections in relation to which a notice is issued after 28th February 2022.

An impact assessment has not been produced for this instrument as no, or no significant, impact on business, charities or the public or voluntary sector is foreseen.

(1)

1983 c. 2. Subsection (2A) was inserted by the Greater London Authority Act 1999 (c. 29), Schedule 3, paragraph 4(2).

(2)

The Secretary of State’s functions under section 36 of the Representation of the People Act 1983 were exercisable concurrently with the Lord President of the Council by virtue of S.I. 2010/1837. By virtue of S.I. 2015/1376, the Secretary of State’s functions which were exercisable concurrently with the Lord President ceased to be so exercisable and were instead exercisable with the Chancellor of the Duchy of Lancaster. By virtue of S.I. 2016/997, the Secretary of State’s functions which were exercisable concurrently with the Chancellor of the Duchy of Lancaster ceased to be so exercisable and are instead exercisable concurrently with the Minister of the Cabinet Office.

(3)

2000 c. 41.

(4)

S.I. 2006/3304, to which there are amendments not relevant to these Rules.

(5)

S.I. 2007/3541, to which there are amendments not relevant to these Rules.