The Greater London Authority Elections (Amendment) Rules 2022 No. 1111

Statutory Instruments

2022 No. 1111

London Government

Representation Of The People

The Greater London Authority Elections (Amendment) Rules 2022

Made

26th October 2022

Laid before Parliament

31st October 2022

Coming into force

30th November 2022

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 1983(1).

In accordance with section 7(1) and (2)(d) of the Political Parties, Elections and Referendums Act 2000(2) the Secretary of State has consulted the Electoral Commission.

Citation, commencement and extent

1.—(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 2023(3).

(3) These Rules extend to England and Wales, Scotland and Northern Ireland.

Amendment of the Greater London Authority Elections Rules 2007

2.  The Greater London Authority Elections Rules 2007(4) are amended as follows.

Amendment of Schedule 3

3.—(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 4

4.—(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 49(5) (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 7

5.—(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 8

6.—(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 10

7.—(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

Andrew Stephenson

Parliamentary Under Secretary of State

Department for Levelling Up, Housing and Communities

26th October 2022

Rule 7

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

EXPLANATORY NOTE

(This note is not part of the Rules)

The Greater London Authority Elections Rules 2007, S.I. 2007/3541, (“the 2007 Rules”) make provision for the conduct of elections to the Greater London Authority (elections for the return of the Mayor of London and of constituency and London members of the London Assembly).

Section 13 of the Elections Act 2022 changes the voting system at elections for the Mayor of London in England from the supplementary vote system to the simple majority vote system, also kown as “first past the post”. As a consequence of the amendments made by that section to the Greater London Authority Act 1999 the secondary legislation setting out the rules for the conduct of elections for the Mayor of London require amending. These Rules amend the 2007 Rules to replace provisions relating to the supplementary vote system for the election of the Mayor of London with provisions which provide for simple majority voting for those elections.

An impact assessment has been produced for the Elections Act 2022 including an Addendum on the “first past the post” provision. No, or no significant, impact on business, charities or the public or voluntary sector is foreseen. Copies can be obtained at https://bills.parliament.uk/bills/3020/publications or from the Department for Levelling Up, Housing and Communities, 2 Marsham Street, London SW1P 4DF.

(1)

1983 c. 2. Section 36(2A) was inserted by paragraph 4 of Schedule 3 to the Greater London Authority Act 1999 (c. 29).

(2)

2000 c. 41. Section 7(2)(d) was amended by paragraph 11 of Schedule 2 to the Local Government and Elections (Wales) Act 2021 (asc 1).

(3)

See section 37 of the Representation of the People Act 1983 (c. 2) for the meaning of “ordinary day of election”.

(4)

S.I. 2007/3541; relevant amending instruments are S.I. 2016/24, 2018/1310, 2019/1426.

(5)

For the definition of “MER” see rule 2 of Schedule 4 to S.I. 2007/3541.