The Greater London Authority Elections (Amendment) Rules 2019

Amendment of Schedules 2 and 6 to the 2007 Rules

4.—(1) Schedules 2 (London Members Election Rules) and 6 (London Members Election Rules: Authority elections combined with another election or referendum) to the 2007 Rules are amended in accordance with this rule.

(2) In this rule, a reference to a rule by a number, is a reference to that rule so numbered in Schedule 2 and in Schedule 6 to the 2007 Rules.

(3) In rule 6(2) (nomination of candidates: individual candidates)—

(a) in sub-paragraph (a), after “names,” insert “and”;

(b) omit sub-paragraph (b) and the “and” at the end of that sub-paragraph.

(4) In rule 7 (nomination of candidates: list candidates), in paragraph (2)(c), omit “and home addresses”.

(5) In rule 8 (nomination papers: general provisions), after paragraph (4) insert—

“(4A) Subject to paragraph (4C), the nomination paper must be accompanied by a form (in this Schedule referred to as “the home address form”) which states—

(a) the candidate’s—

(i) full names,

(ii) home address in full, and

(iii) qualifying address or, if the candidate declares that they are qualified by more than one of the qualifications mentioned in paragraph (4E), qualifying addresses;

(b) in relation to each qualifying address, which of the qualifications mentioned in paragraph (4E) that address relates to;

(c) the attesting person’s—

(i) full names, and

(ii) home address in full.

(4B) The home address form—

(a) may contain a statement made and signed by the candidate that the candidate requires their home address not to be made public, and

(b) if it does so, must—

(i) where the candidate’s home address is in the United Kingdom, state the name of the relevant area;

(ii) where the candidate’s home address is outside the United Kingdom, state the country in which it is situated.

(4C) The nomination paper of a registered party must be accompanied by a home address form for each candidate included on the party list which accompanies that nomination paper.

(4D) The provisions in paragraph (3) about the delivery of the nomination paper also apply to each home address form.

(4E) In this rule, “qualifying address”, in relation to a candidate, means—

(a) if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of being registered as a local government elector for Greater London, the address at which they are so registered;

(b) if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of occupying as owner or tenant any land or other premises in Greater London, a description and address of that land or those premises;

(c) if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of their principal or only place of work being in Greater London, the address of that place of work;

(d) if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of residing in Greater London, the address, or addresses, at which the candidate has so resided.

(4F) In this rule—

“attesting person”, in relation to a candidate, means the person who attests the candidate’s consent to nomination in accordance with rule 9(1)(b);

“relevant area” means—

(a)

in relation to a home address in England—

(i)

if the address is within a district for which there is a district council, that district;

(ii)

if the address is within a county in which there are no districts, that county;

(iii)

if the address is within a London borough, that London borough;

(iv)

if the address is within the City of London (including the Inner and Middle Temples), the City of London;

(v)

if the address is within the Isles of Scilly, the Isles of Scilly;

(b)

in relation to a home address in Wales—

(i)

if the address is within a county, that county;

(ii)

if the address is within a county borough, that county borough;

(c)

in relation to a home address in Scotland, the local government area in which the address is situated;

(d)

in relation to a home address in Northern Ireland, the local government district in which it is situated.”.

(6) In rule 9 (consent to nomination)—

(a) in paragraph (1)(b), omit “whose name and address must be given”;

(b) in paragraph (2), omit sub-paragraph (c)(ii)(1).

(7) In rule 12 (publication of statement of persons nominated)—

(a) in paragraph (5)—

(i) in sub-paragraph (b), omit “and home addresses”;

(ii) in sub-paragraph (c), omit “, addresses”;

(b) after paragraph (5) insert—

“(5A) The statement must also show the following information contained in the home address form—

(a) where the statement in rule 8(4B)(a) is made requiring the home address of the candidate not to be made public, the information mentioned in rule 8(4B)(b);

(b) in any other case, the home address of the person nominated.

(5B) Where—

(a) two or more of the names shown on the statement are the same or so similar it is likely to cause confusion,

(b) each of the persons in question has made the statement mentioned in rule 8(4B)(a), and

(c) the information mentioned in rule 8(4B)(b) is the same for each of them,

the GLRO may cause any of their particulars to be shown on the statement with such amendments or additions as the GLRO thinks appropriate in order to reduce the likelihood of confusion.

(5C) Where it is practicable to do so before the publication of the statement, the GLRO must consult any person whose particulars are to be amended or added to under paragraph (5B).

(5D) The GLRO must give notice in writing to any person whose particulars are amended or added to under paragraph (5B).

(5E) Anything done by the GLRO in pursuance of paragraph (5B) must not be questioned in any proceedings other than proceedings on an election petition.

(5F) The GLRO must have regard to any guidance issued by the Electoral Commission for the purposes of paragraph (5B).”.

(8) In rule 13 (correction of minor errors)—

(a) in paragraph (1), after “nomination paper” insert “or home address form”;

(b) after paragraph (2)(b), insert—

“(c) errors as to the information mentioned in rule 8(4B)(b).”.

(9) After rule 14—

“Inspection of home address forms: individual candidates and list candidates

14A.— (1) During ordinary office hours, in the period starting 24 hours after the latest time for the delivery of nomination papers and before the date of the poll, the following may inspect the home address form of a candidate (“candidate A”)—

(a) a person standing nominated as an individual candidate or a list candidate in the same electoral area as candidate A (“candidate B”),

(b) candidate B’s election agent,

(c) where candidate B acts as their own election agent, or, where candidate B is a list candidate and acts as the election agent for the candidates included in that list, a person nominated by candidate B,

(d) the nominating officer of a registered party standing nominated in the same electoral area as candidate A, or

(e) a person authorised in writing by that nominating officer.

(2) Inspection under paragraph (1) may not take place on a day that is specified in rule 4(1).

(3) Nothing in this rule permits any person to take a copy of, or extracts from, any home address form.

(4) The GLRO must not permit a home address form to be inspected otherwise than in accordance with this rule, or for some other purpose authorised by law.”.

(10) In Part 6, after rule 62 insert—

“Destruction of home address forms

62A.— (1) The GLRO must destroy each candidate’s home address form—

(a) on the next working day following the 35th day after the GLRO has returned the names of the candidates elected, or

(b) if an election petition questioning the election or return is presented before that day, as soon as practicable following the conclusion of proceedings on the petition or on appeal from such proceedings.

(2) In this rule, “working day” means a day other than—

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day, Good Friday or a bank holiday, or

(c) a day appointed for public thanksgiving or mourning.

(3) For the purposes of paragraph (2), “bank holiday” has the meaning given in rule 4(2).”.

(1)

Rule 9(2)(c) of Schedules 2 and 6 was amended by S.I. 2016/24.