Greater London Authority (Referendum) Act 1998

Part I The Referendum

1 Referendum

(1) On 7th May 1998 or such later date as Her Majesty may by Order in Council prescribe, a referendum shall be held on the establishment of a Greater London Authority made up of an elected assembly and a separately elected mayor.

(2) The question to be asked in the referendum and the front of the ballot papers to be used for that purpose shall be in the form set out in the Schedule.

(3) No recommendation shall be made to Her Majesty in Council to make an Order under subsection (1) unless a draft of the Order has been laid before, and approved by resolution of, each House of Parliament.

2 Entitlement to vote

(1) Those entitled to vote in the referendum shall be—

(a) the persons who, on the date of the referendum, would be entitled to vote as electors at a local government election in any London borough, and

(b) the persons who, on that date, would be entitled to vote as electors at a ward election by virtue of section 6(1)(b) of the [1957 c. x.] City of London (Various Powers) Act 1957 (persons resident in wards of the City).

(2) Subsection (1) shall have effect subject to any provision of an Order in Council under section 4 which provides for alterations made after a specified date in a register of electors, or a ward list, to be disregarded.

(3) In this section “ward election” and “ward list” have the same meaning as in section 4 of the Act of 1957.

3 Counting Officers

(1) For the purposes of the referendum, the Secretary of State shall appoint a Chief Counting Officer for Greater London.

(2) The Chief Counting Officer shall appoint a counting officer for each London borough and for the City of London.

(3) Each counting officer shall—

(a) conduct the counting of votes cast in the area for which he is appointed in accordance with any directions given by the Chief Counting Officer, and

(b) certify the number of ballot papers counted by him and the number of votes cast for each answer.

(4) The Chief Counting Officer shall certify the total of—

(a) the ballot papers counted, and

(b) the votes cast for each answer,

for the whole of Greater London.

(5) For the purposes of this section, the City of London includes the Inner Temple and the Middle Temple.

4 Referendum: supplementary

(1) Where the polls at—

(a) the referendum, and

(b) an ordinary election of councillors for any electoral ward of a London borough,

are to be taken on the same day, they shall be taken together.

(2) Her Majesty may by Order in Council make provision—

(a) relating to the conduct of the referendum, and

(b) in connection with the combining of polls under subsection (1),

including provision applying or modifying any enactment (and in particular any enactment relating to elections) or any provision made under an enactment.

(3) No recommendation shall be made to Her Majesty in Council to make an Order under this section unless a draft of the Order has been laid before, and approved by a resolution of, each House of Parliament.

(4) The council for any London borough and the Common Council of the City of London shall place the services of its officers at the disposal of any person who is acting for the purposes of the referendum as returning officer or counting officer in relation to that borough or, as the case may be, the City.

5 Grants towards referendum expenditure

The Secretary of State may, with the consent of the Treasury, pay any of—

(a) the London borough councils, and

(b) the Common Council of the City of London,

grants of such amounts as he may determine in respect of expenditure incurred (or to be incurred) by them, by virtue of an Order in Council under section 4, in connection with the referendum.

6 Exclusion of legal proceedings

No court shall entertain any proceedings for questioning the number of ballot papers counted or votes cast as certified by the Chief Counting Officer, or a counting officer, appointed in accordance with section 3.