The Greater London Authority Elections (Amendment) Rules 2004

PART I General Provisions

Citation

1.  These Rules may be cited as the London Members Election Rules.

Interpretation

2.—(1) The London Members Election Rules as set out in this Schedule shall have effect for the purposes of the allocation of seats for London members of the London Assembly whether at an ordinary election or in the circumstances mentioned in section 10 of the 1999 Act (filling a vacancy in an Assembly constituency) where that election is taken together with another poll—

(a) at a parliamentary election, European Parliamentary election or local government election (other than a GLA election), under section 15(1) or (2) of the Representation of the People Act 1985(1); or

(b) at a local authority mayoral election or referendum, in accordance with regulations made under sections 44 and 105, or 45 and 105, of the Local Government Act 2000(2).

(2) In these Rules, unless the context indicates otherwise—

“the 1983 Act” means the Representation of the People Act 1983(3);

“the 1999 Act” means the Greater London Authority Act 1999(4);

“the appropriate form” in relation to a particular rule, means the form set out in the Forms Schedule and indicated as applicable to that rule; or where more than one form is so set out, the form indicated as relevant to the particular case;

“the Combination of Polls Regulations” means the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004(5);

“CRO” (constituency returning officer), in relation to a constituency and an election means the person, or a person of the description, for the time being designated by an order made under section 35(2B) of the 1983 Act(6);

“counting observer” has the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001(7);

“counting officer” has the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001;

“election” and “London Members election” mean an election for the return of the London members at an ordinary election;

“election booklet” has the same meaning as in article 7 of the Greater London Authority Elections (Election Addresses) Order 2003(8);

“European Parliamentary election” has the same meaning as in section 27(1) of the Representation of the People Act 1985(9);

“the Forms Schedule” means Schedule 5 to the Greater London Authority Elections (No. 2) Rules 2000;

“GLA election” means an election, including an ordinary election, under one or more of—

(a)

the Constituency Members Election Rules;

(b)

the London Members Election Rules; or

(c)

the Mayoral Election Rules;

“GLRO” (Greater London returning officer) has the same meaning as in Part I of the 1999 Act (see section 29 of that Act and section 35(2C) of the 1983 Act)(10);

“individual candidate” means a candidate other than a list candidate;

“list candidate” means a person included on a party list;

“local count” means the count of the London votes given for a registered political party or, as the case may be, an individual candidate, at an election in an Assembly constituency;

“local counting area” has the same meaning as in regulation 2(1) of the European Parliamentary Elections Regulations 2004(11);

“local authority mayoral election” means an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002(12);

“London vote” has the same meaning as in Part I of the 1999 Act;

“other election or referendum” means one or more of the following—

(a)

a Parliamentary election(13);

(b)

a European Parliamentary election(14);

(c)

a local government election(15) other than a GLA election;

(d)

a local authority mayoral election; and

(e)

a referendum;

the poll at which is taken together with the poll at the London Members election;

“other GLA election” means a GLA election held other than under the London Members Election Rules;

“party list” means a list submitted to the GLRO in accordance with paragraph 5 (party lists and individual candidates) of Part II of Schedule 2 to the 1999 Act on behalf of a party registered under Part II (registration of political parties) of the Political Parties, Elections and Referendums Act 2000;

“petition organiser” has the same meaning as in regulation 3 of the Local Authorities (Referendum) (Petitions and Directions) (England) Regulations 2000(16);

“polling observer” has the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001(17);

“referendum” means a referendum conducted under the Local Authorities (Conduct of Referendums) (England) Regulations 2001;

“registered party”, in relation to an election, means a party which was registered under Part II (registration of political parties) of the Political Parties, Elections and Referendums Act 2000 at the time by which the notice of election is required to be published;

“relevant election or referendum” means—

(a)

any other GLA election; and

(b)

any other election or referendum;

“voting area” has the same meaning as in regulation 2 of the Local Authorities (Conduct of Referendums) (England) Regulations 2001(18).

(3) In the case of a referendum, a reference to a—

(a) “candidate” shall be construed as a reference to a petition organiser;

(b) “election agent” shall be construed as a reference to a counting observer;

(c) “counting agent” shall be construed as a reference to a counting observer;

(d) “polling agent” shall be construed as a reference to a polling observer; and

(e) “returning officer” shall be construed as a reference to a counting officer.

(4) References in these Rules—

(a) to “the GLRO” include references to any person appointed by him under subsection (4) of section 35 (returning officers: local elections in England and Wales) of the 1983 Act;

(b) to the CRO include references to any person appointed by him under that subsection; and

(c) to other expressions used both in these Rules and in Part I (the Greater London Authority) of the 1999 Act have the same meaning in these Rules as they have in that part.

(1)

1985 c. 50.

(2)

2000 c. 22.

(3)

1983 c. 2.

(4)

1999 c. 29.

(5)

S.I. 2004/294.

(6)

See the Greater London Authority (Assembly Constituencies and Returning Officers) Order 1999 (S.I. 1999/3380).

(7)

S.I. 2001/1298.

(8)

S.I. 2003/1907.

(9)

1985 c. 50.

(10)

See the definition of “Greater London returning officer” in section 29 of the Greater London Authority Act 1999. See also the definitions of “proper officer” in section 202 of the Representation of the People Act 1983, as substituted by the Greater London Authority Act 1999, Schedule 3, paragraph 38, and in section 424(1) and (2) of the latter Act.

(11)

S.I. 2004/293.

(12)

S.I. 2002/185.

(13)

For the definition of “Parliamentary election”, see the Interpretation Act 1978 (c. 30), Schedule 1.

(14)

For the definition of “European parliamentary election”, see the Representation of the People Act 1985 (c. 50), section 27(1).

(15)

For the definition of “local government election”, see section 203(1) of the Representation of the People Act 1983 (c. 2).

(16)

S.I. 2000/2852.

(17)

S.I. 2001/1298.

(18)

S.I. 2001/1298.