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)”.