The Greater London Authority Elections (Amendment) Rules 2001
S.I. 2001/3789 · Made 26 November 2001
Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.
LONDON GOVERNMENT
REPRESENTATION OF THE PEOPLE
Made 26th November 2001
Laid before Parliament 4th December 2001
Coming into force 27th December 2001
The Secretary of State in exercise of the powers conferred on him by sections 36(2), (2A) and (2B), 81(7) and 82(2A) and (5A) of the Representation of the People Act 1983f1, and of all other powers enabling him in that behalf, hereby makes the following Rules:
Annotations to the whole text
Footnotes
f1
1983 c. 2. Subsections (2A) and (2B) of section 36 were inserted by the Greater London Authority Act 1999 (c. 29), Schedule 3, paragraph 4(2). Subsection (7) of section 81 was inserted by paragraph 23(3) of that Schedule, and amended by the Political Parties, Elections and Referendums Act 2000 (c. 41), Schedule 18, paragraph 7. Subsections (2A) and (5A) of section 82 were inserted by paragraph 24(4) and (6) of that Schedule.
in paragraph (2), by the substitution for “Subject to paragraph (3), where”, of “Where”; and
(ii)
by the omission of paragraph (3);
(b)
in Schedule 1 (the Constituency Members Election Rules)f1, in accordance with Part I of the Schedule to these Rules;
(c)
in Schedule 2 (the London Members Election Rules)f2, in accordance with Part II of that Schedule;
(d)
in Schedule 3 (the Mayoral Elections Rules)f3, in accordance with Part III of that Schedule;
(e)
in Schedule 5 (Forms), in accordance with Part IV of that Schedule; and
(f)
in Schedule 8 (modifications to apply where poll at a GLA election is taken together with the poll at another election under section 15(1) or (2) of the Representation of the People Act 1983), by the omission of the first entry in columns (1) and (2) of the Table.
In the Greater London Authority Elections (No. 2) (Amendment) Rules 2000, so much of paragraph (4) of rule 2 (amendment of Rules), as relates to the addition, to Schedule 5 (forms) of the principal Rules, of Forms 17 (election agent’s declaration as to election expenses) and 18 (list candidate’s declaration as to election expenses), is revoked.
In rule 3 (timetable), in the Timetable set out in paragraph (1), for the entry in the second column applicable to the last entry in the first column (polling), substitute “Between the hours of 7 in the morning and 10 at night on the day of election.”.
In rule 6 (nomination of candidates and nomination papers), for paragraphs (3) to (6), substitute—
“(3)
The description, if any, which may not comprise more than six words, must consist of either—
(a)
that authorised as mentioned in paragraph (4); or
(b)
the word “Independent”.
(4)
A nomination paper may not include a description of a candidate that is likely to lead voters to associate the candidate with a registered political party unless—
(a)
the party is a qualifying party in relation to the electoral area; and
(b)
the description is authorised by a certificate—
(i)
issued by or on behalf of the registered nominating officer of the party, and
(ii)
received by the CRO before the last time for the delivery of nomination papers.
(5)
A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (4) on behalf of a registered political party’s nominating officer.
(6)
In this rule, “registered political party” 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 by virtue of rule 1 (“the relevant time”), and a registered political party is a qualifying party in relation to an electoral area if, at the relevant time, it was registered in respect of England in the Great Britain register maintained under that Part.”f1.
In rule 2 (interpretation), in paragraph (1), in the definitions of “party list” and “registered party”, for “registered under the Registration of Political Parties Act 1998”, substitute “registered under Part II (registration of political parties) of the Political Parties, Elections and Referendums Act 2000”.
In rule 3 (timetable), in the Timetable set out in paragraph (1), for the entry in the second column applicable to the last entry in the first column (polling), substitute “Between the hours of 7 in the morning and 10 at night on the day of election.”.
In rule 6 (nomination of candidates and nomination papers: individual candidates), for paragraphs (3) to (6), substitute—
“(3)
The description, if any, which may not comprise more than six words, must consist of either—
(a)
that authorised as mentioned in paragraph (4); or
(b)
the word “Independent”.
(4)
A nomination paper may not include a description of a candidate that is likely to lead voters to associate the candidate with a registered party unless—
(a)
the party is a qualifying party in relation to the electoral area; and
(b)
the description is authorised by a certificate—
(i)
issued by or on behalf of the registered nominating officer of the party, and
(ii)
received by the GLRO before the last time for the delivery of nomination papers.
(5)
A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (4) on behalf of a registered party’s nominating officer.
(6)
For the purposes of this rule, a registered party is a qualifying party in relation to an electoral area if, at the time by which the notice of election is required to be published by virtue of rule 1, it was registered in respect of England in the Great Britain register maintained under that Part.”.
In rule 3 (timetable), in the Timetable set out in paragraph (1), for the entry in the second column applicable to the last entry in the first column (polling), substitute “Between the hours of 7 in the morning and 10 at night on the day of election.”.
In rule 6 (nomination of candidates and nomination papers), for paragraphs (4) to (7), substitute—
“(4)
The description, if any, which may not comprise more than six words, must consist of either—
(a)
that authorised as mentioned in paragraph (5); or
(b)
the word “Independent”.
(5)
A nomination paper may not include a description of a candidate that is likely to lead voters to associate the candidate with a registered political party unless—
(a)
the party is a qualifying party in relation to the electoral area; and
(b)
the description is authorised by a certificate—
(i)
issued by or on behalf of the registered nomination officer of the party, and
(ii)
received by the GLRO before the last time for the delivery of nomination papers.
(6)
A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (5) on behalf of a registered political party’s nominating officer.
(7)
In this rule, “registered political party” 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 by virtue of rule 1 (“the relevant time”); and a registered political party is a qualifying party in relation to an electoral area if, at the relevant time, it was registered in respect of England in the Great Britain register maintained under that Part.”.
In Form 11 (proxy’s official poll card), for “The poll will be open from *[8 a.m. to 9 p.m.] [7 a.m. to 9 p.m.]”, and the words in italics in the two following sentences, substitute “The poll will be open from 7 a.m. to 10 p.m.”.
These Rules amend the Greater London Authority Elections (No. 2) Rules 2000 (“the principal Rules”).
The effect of the amendments is—
(a)
to extend the hours of polling at Greater London Authority elections from between 8 a.m. and 9 p.m. to between 7 a.m. and 10 p.m.;
(b)
reflecting section 22 of the Political Parties, Elections and Referendums Act 2000, to prohibit candidates at a Greater London Authority election from including in their nomination papers (and on the ballot papers at the election) a description, other than “Independent”, unless they are standing for election in the name of a party registered under Part II of that Act at the time by which the notice of election is required to be published; and
(c)
reflecting an amendment to section 82 (declarations as to election expenses) of the Representation of the People Act 1983, made by paragraph 8 of Schedule 18 to the Political Parties, Elections and Referendums Act 2000, to remove from the prescribed forms of declarations as to election expenses (Forms 17 and 18 in Schedule 5 to the principal Rules, which were added by the Greater London Authority Elections (No. 2) (Amendment) Rules 2000), references to making the declaration before a Justice of the Peace or other specified person. Forms 17 and 18 are substituted, with the consequential revocation of those forms as set out in rule 2(4) of the Greater London Authority Elections (No. 2) (Amendment) Rules 2000.
