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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Rules)

These Rules amend the Greater London Authority Elections (No. 2) Rules 2000 (“the GLA Elections Rules”).

Rule 2(2) amends the power of direction of the Greater London returning officer to constituency returning officers. A constituency returning officer may be given a direction relating to the discharge of any of his functions.

Rule 2(3) replaces rule 8 of the GLA Elections Rules, which applies when a GLA election is taken together with another poll that is not itself a GLA election. The combined poll provisions apply for an election for the return of the Mayor or for the return of an Assembly member taken together with one or more of the polls at—

  • a parliamentary election,

  • a European Parliamentary election,

  • a London borough local government election,

  • a London borough mayoral election, or

  • a referendum (conducted under the Local Authorities (Conduct of Referendums) (England) Regulations 2001 (S.I. 2001/1298)).

Rule 2(9) replaces Schedule 8 to the GLA Elections Rules with the insertion of three Schedules that set out in full the 'combined poll' versions of the rules for each of the GLA elections (Constituency Member Election Rules, London Member Election Rules, Mayoral Election Rules).

The “combined poll” rules incorporate the effect of the Ordinary Elections Rules (“OER”) and the OER in Schedule 4 to the GLA Elections Rules are thus disapplied in relation to combined polls.

At an election taken with a combined poll, Schedule 11 to the GLA Elections Rules provides adaptations of the 'combined poll' rules that apply in a case in which the votes are to be counted by electronic means.

Rules 2(5) to (8) make amendments to the rules (in Schedules 1 to 3 to the GLA Elections Rules) that apply where a GLA election is not taken in combination with the poll at another election or referendum that is not a GLA election.

The changes to the rules include provision for—

  • the inclusion of information for voters in a booklet of election addresses;

  • a tactile voting device to be provided at polling stations;

  • the preparation, provision and display of notices for the guidance of voters, and in languages other than English and in Braille;

  • the inclusion of alternative versions of information in the declaration of identity;

  • the assistance of voters with disabilities;

  • enabling certain authorised counting agents to be able to request a recount;

  • entitling representatives of the Electoral Commission to attend polling stations and at election counts;

  • the return of ballot papers by hand;

  • lack of an official mark as ground for rejection of a ballot paper;

  • the control and safe-keeping of documents after the election.

The changes are repeated in the 'combined poll' rules to which further modifications are made. The main modifications are—

  • extension of the period for delivery of nominations to the same as that at a European parliamentary election, where such polls are combined;

  • provision for the same ballot box to be used for ballot papers at all GLA elections, and if so, then for all combined polls;

  • provision for the preparation of combined declarations of identity and notices for the guidance of voters;

  • allowing those entitled to attend the count at a poll with which a GLA election is combined, to attend at the joint verification of ballot paper accounts;

  • a requirement that postal ballot papers returned to a polling station must be returned to a polling station in the area which is common to the constituency and other electoral areas in which each combined poll is taking place;

  • to the forms which are or may be used for all polls, such as notices in polling stations, declarations by disabled voters and declarations of identity, and which are in a common form with those required under the legislation governing the election or referendum with which the GLA election is combined.

Rule 3 revokes rule 7 of and Schedule 7 to the GLA Elections Rules, which provided for the modification of the rules relating to local authority principal area elections when they were combined with a GLA election. Separate provision for such combination is made instead by the Local Elections (Principal Areas) (Amendment) (England and Wales) Rules 2004 (S.I. 2004/223).

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.