Legalize / United Kingdom / Statutory-Instrument

The Greater London Authority Elections Rules 2007

Type Statutory-Instrument

Publication 2007-12-17

Last updated 2024-12-26

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

(4) When the returning officer uses the electronic counting system for the re-counting of votes, he must not re-consider any decision made on any ballot paper under rule 50(5).

Equality of votes

53

Where, after the counting of the votes (including any re-count) is completed, an equality of votes is found to exist between any candidates and the addition of a vote would entitle any of those candidates to be declared elected, the CRO must forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.

PART 5 — Final Proceedings In Contested And Uncontested Elections

Declaration of result

54

(1) In a contested election, when the result of the poll has been ascertained, the CRO must forthwith—

(a) declare to be elected the candidate to whom the majority of votes has been given,

(b) give public notice of—

(i) the name of the person declared to be elected,

(ii) the person's authorised description, if any, within the meaning of rule 6(5) or (7),

(iii) the total number of votes given for each candidate together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.

(2) Subject to paragraph (3), after the CRO complies with paragraph (1), he may give public notice of the information referred to paragraph (1)(b)(iii) so as to set out the number of votes falling under each of the heads in that subparagraph, in respect of each ward.

(3) Where the sum of ... votes given for all candidates in any ward does not exceed 500, the GLRO must not give notice under paragraph (2) in respect of that ward alone, but must amalgamate the figures for that ward with those for any other ward in which more than 500 votes have been given, in the same Assembly constituency.

(4) In an uncontested election, the CRO must as soon as practicable after the latest time for the delivery of notices of withdrawals of candidature—

(a) declare to be elected the candidate remaining validly nominated,

(b) give public notice of—

(i) the name of the person declared to be elected, and

(ii) the person's authorised description, if any, within the meaning of rule 6(5) or (7).

(5) The CRO must as soon as practicable notify the GLRO and the proper officer of the Authority of the information in the notice given under (1)(b).

Return or forfeiture of candidate's deposit

55

(1) Unless forfeited in accordance with paragraph (5), the deposit made under rule 8 must be returned to the person making it or his personal representative.

(2) Subject to paragraphs (3) and (4), the deposit must be returned not later than the next day after that on which the result of the election is declared.

(3) For the purposes of paragraph (2)—

(a) a day must be disregarded if, in accordance with rule 4, it would be disregarded in computing any period of time for the purposes of the timetable for the election, and

(b) the deposit must be treated as being returned on a day if a cheque for the amount of the deposit is posted on that day.

(4) If the candidate is not shown as standing nominated in the statement of persons nominated, or if the poll is countermanded or abandoned by reason of his death, the deposit must be returned as soon as practicable after the publication of the statement or after his death, as the case may be.

(5) Where a poll is taken, if, after the counting of the votes by the CRO (including any re-count) is completed, the candidate is found not to have polled more than one-twentieth of the total number of votes polled by all the candidates, the deposit must be forfeited to the Greater London Authority.

PART 6 — Disposal of Documents

Sealing up of ballot papers

56

(1) On the completion of the counting at a contested election the CRO must seal up in separate packets the counted and rejected ballot papers.

(2) Where some or all of the votes have been counted using the electronic counting system, the CRO must also seal up in a separate packet a complete electronic record (“the electronic record”) of the information stored in the electronic counting system, held in such device as may be suitable for the purpose of its storage.

(3) After making the electronic record under paragraph (2), the CRO must arrange for the original records in the electronic counting system to be removed from it and destroyed in a manner that ensures that the secrecy of those records is preserved.

(4) The CRO must not open the sealed packets of—

(a) tendered ballot papers, or

(aa) the completed ballot paper refusal list, or

(b) certificates as to employment on duty on the day of the poll.

(5) Where the CRO discharges the functions referred to in regulation 5 of the Combination of Polls Regulations, he must also not open the sealed packets of—

(a) the completed corresponding number lists,

(b) marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and lists of proxies.

Delivery and retention of documents

57

(1) The CRO must then forward the following documents to the relevant registration officer—

(a) the packets of ballot papers in his possession,

(b) the packet containing the electronic record (if any),

(c) the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts,

(d) the tendered votes lists, the lists of voters with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, the lists maintained under rule 44 and the declarations made by the companions of voters with disabilities,

(da) the packet containing the completed ballot paper refusal list,

(e) the packets of the completed corresponding number lists,

(f) the packets of certificates as to employment on duty on the day of the poll, and

(g) the packets containing marked copies of registers (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the postal voters list, of the lists of proxies and of the proxy postal voters list,

endorsing on each packet a description of its contents, the date of the election to which they relate and the name of the Assembly constituency for which the election was held.

(2) At an election where the returning officer does not discharge the functions referred to in regulation 5 of the Combination of Polls Regulations, paragraph (1) must have effect as if sub paragraphs (d), (e) and (f) were omitted.

Orders for production of documents

58

(1) An order—

(a) for the inspection or production of any rejected ballot papers in the custody of the relevant registration officer, or

(b) for the opening of a packet containing the electronic record or a sealed packet of completed corresponding number lists or certificates as to employment on duty on the day of the poll or the inspection of any counted ballot papers, in the custody of the relevant registration officer,

may be made by a county court, if the court is satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of an election petition.

(1A) An order—

(a) for the opening of the sealed packet containing a completed ballot paper refusal list, or

(b) for the inspection or production of that list,

may be made by the county court if satisfied by evidence on oath that the order is required for the purpose of an election petition.

(2) An election court may make an order for the opening of a packet containing the electronic record or a sealed packet of completed corresponding number lists or certificates or for the inspection of any counted ballot papers in the custody of the relevant registration officer.

(3) An order under this rule may be made subject to such conditions as to—

(a) persons,

(b) time,

(d) production or opening,

as the court making the order thinks expedient; but in making and carrying into effect an order for the opening of a packet containing the electronic record or a packet of completed corresponding number lists or certificates or for the inspection of counted ballot papers, care must be taken that the way in which the vote of any particular elector has been given must not be disclosed until it has been proved—

(i) that his vote was given, and

(ii) that the vote has been declared by a competent court to be invalid.

(4) An appeal lies to the High Court from any order of a county court under this rule.

(5) Any power given under this rule to a county court may be exercised by any judge of the court otherwise than in open court.

(6) Where an order is made for the production by the relevant registration officer of any document or electronic record in his custody relating to any specified election—

(a) the production by him or his agent of the document or electronic record ordered in such manner as may be directed by that order will be conclusive evidence that the document or electronic record relates to the specified election, and

(b) any endorsement on any packet of ballot papers or so produced will be prima facieevidence that the ballot papers are what they are stated to be by the endorsement.

(7) The production from proper custody of —

(a) a ballot paper purporting to have been used at any election, or

(b) a copy of the electronic record which purports to record that a particular ballot paper was used at any election, and

a completed corresponding number list with a number written beside the number of the ballot paper, will be prima facieevidence that the elector whose vote was given by that ballot paper was the person who, at the time of the election, had affixed to his entry in the register of electors or on the notice issued under section 13B(3B) or (3D) of the 1983 Act, the same number as was written on the completed corresponding number list.

(8) Unless authorised by this rule, no person may be allowed to inspect any rejected or counted ballot papers in the custody of the relevant registration officer or open any sealed packets of completed corresponding number lists, certificates of employment on the day of the poll or containing the electronic record.

Retention and destruction of documents and records

59

The relevant registration officer must retain or cause to be retained for one year all documents and, where applicable, the electronic record relating to an election forwarded to him in pursuance of these Rules by a CRO, and then, unless otherwise directed by an order of a county court, a Crown Court, a magistrate's court or an election court, must cause them to be destroyed.

PART 7 — Death Of Candidate

Countermand or abandonment of poll on death of candidate

60

(1) If at a contested election proof is given to the CRO's satisfaction before the result of the election is declared that one of the persons named or to be named as candidate in the ballot papers has died, the CRO—

(a) must countermand notice of the poll or, if polling has begun, direct that the poll be abandoned,

(b) must inform the GLRO of the countermand or abandonment of the poll and of the name of the candidate who has died.

(2) Subsection (1) of section 39 (local elections void etc. in England and Wales) of the 1983 Act applies in respect of any vacancy which remains unfilled as if for the reference to the returning officer there were substituted a reference to the CRO.

(3) Where the poll is abandoned by reason of a candidate's death, no further ballot papers may be issued, and the presiding officer at any polling station must take the like steps (so far as not already taken) for the delivery to the CRO of ballot boxes and of ballot papers and other documents in his possession as he is required to take on the close of the poll in due course.

(4) The CRO must dispose of the ballot papers and other documents in his possession as he is required to do on the completion in due course of the counting of the votes, subject to paragraphs (5) and (6).

(5) It is not be necessary for any ballot paper account to be prepared or verified.

(6) The CRO must seal up all the ballot papers, whether the votes on them have been counted or not, and it will not be necessary to seal up counted and rejected ballot papers in separate packets.

(7) The provisions of these Rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at an election apply to any such documents relating to a poll abandoned by reason of a candidate's death, subject to paragraphs (8) and (9).

(8) Ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers.

(9) No order may be made for—

(a) the production or inspection of any ballot papers, or

(b) for the opening of a sealed packet of completed corresponding number lists or certificates as to employment on duty on the day of the poll,

unless the order is made by a court with reference to a prosecution or election petition.

(10) The countermand of the notice of poll or abandonment of the poll at the election, will not effect the poll at each relevant election or referendum.

SCHEDULE 6 — THE LONDON MEMBERS ELECTION RULES

PART 1 — General Provisions

Citation

1

This Schedule may be cited as the London Members Election Rules.

Interpretation

2

(1) In the rules in this Schedule, unless the context indicates otherwise—

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

“counting observer” has the same meaning as in regulation 2 of the Referendum Regulations;

“counting officer” has the same meaning as in regulation 9 of the Referendum Regulations;

“election” means an election for the return of the London members;

“electoral area” where the Authority election is held together with a referendum, includes a voting area where the referendum is held;

“individual candidate” means a candidate other than a list candidate at an election for the return of London members of the London Assembly;

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

“local authority mayoral election” means an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 ;

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

“London vote” has the same meaning as in Part 1 of the 1999 Act;

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

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

“polling observer” has the same meaning as in regulation 2 of the Referendum Regulations;

“referendum” means a referendum conducted under the Referendum Regulations;

“Referendum Regulations” means the Local Authorities (Conduct of Referendums) (England) Regulations 2007 ;

“relevant election or referendum” means one or more of the following—a Parliamentary election,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .a local government election (including another Authority election where more than one is taken together),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 ;

“voting area” has the same meaning as in regulation 2 of the Referendum Regulations.

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

(a) “candidate” shall be construed as a reference to a counting observer,

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

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

(3) Reference to a rule by number alone is a reference to the rule so numbered in this Schedule.

PART 2 — Provisions As To Time

Timetable

3

The proceedings at the election must be conducted in accordance with the following timetable:

Computation of time

4

(1) In computing any period of time for the purposes of the timetable–

(a) a Saturday or Sunday,

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

must be disregarded, and any such day must not be treated as a day for the purpose of any proceedings up to the completion of the poll nor must the CRO be obliged to proceed with the counting of the votes on such a day.

(2) In this rule, “bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.

PART 3 — Stages Common To Contested And Uncontested Elections

Notice of election

5

(1) The GLRO must publish in each Assembly constituency notice of the election stating—

(a) the place and times at which nomination papers and party lists are to be delivered, and

(b) the date of the poll in the event of a contest,

and the notice must state that forms of nomination papers and party lists may be obtained at that place and those times.

(2) The notice of election must state the arrangements (if any) which apply for the payment of the deposit required by rule 10 by means of the electronic transfer of funds.

(3) The notice of election must state the date by which—

(a) applications to vote by post or proxy, and

(b) other applications and notices about postal or proxy voting,

must reach the registration officer for local government electors in order that they may be effective for the election.

Nomination of candidates: individual candidates

6

(1) Each individual candidate must be nominated by a separate nomination paper that must be—

(a) in the appropriate form, and

(b) delivered to the GLRO in accordance with the following provisions of this rule and rule 8.

(2) The nomination paper of an individual candidate must state the candidate's–

(a) full names, and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and the surname must be placed first in the list of names.

Nomination of candidates: list candidates

7

(1) A registered party which is a qualifying party and is to stand at the election of London members must be nominated by the delivery of a nomination paper that must be—

(a) in the appropriate form, and

(b) delivered to the GLRO, by the party's registered nominating officer or a person authorised in writing by him, in accordance with the following provisions of this rule and rule 8.

(2) The registered party's nomination paper must—

(a) state the authorised description by which the registered party is to stand for election,

(b) include a statement, signed by the person issuing the paper, that it is issued either—

(i) by the party's registered nominating officer, or

(ii) on behalf of the party's registered nominating officer, by a person authorised in writing by him, and

(3) An authorised description for the purposes of paragraph (2)(a) must be either—

(a) the name of the party registered under section 28 of the 2000 Act , or

(b) a description of the party, registered under section 28A of that Act.

(4) A person will be guilty of a corrupt practice if he fraudulently purports to be authorised to make the statement required by paragraph (2)(b) by or on behalf of a registered party's nominating officer.

(5) For the purposes of the application of these rules in relation to an election—

(a) “registered party” means a party which was registered under Part 2 of the 2000 Act on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers and party lists at that election,

(b) a registered party is a qualifying party if on the relevant day the party was registered in respect of England in the Great Britain register maintained under that Part of that Act.

Nomination papers: general provisions

8

(1) The following provisions of this rule have effect in relation to nomination papers delivered under rules 6 and 7.

(2) If an individual candidate or candidate included on a party list—

(a) commonly uses a surname that is different from any other surname the candidate has,

(b) commonly uses a forename that is different from any other forename the candidate has, or

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with rule 6(2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with rule 6(2)(a).

(3) Each nomination paper must be delivered to the GLRO at the place specified by him in the notice of election, which must be at one of the offices of the Greater London Authority, and must be received by the GLRO before the last time for the delivery of nomination papers and party lists.

(4) Where a nomination paper is delivered in respect of—

(a) the same registered party, or

(b) the same individual candidate,

after an earlier nomination paper has been delivered, that later paper must be deemed to supersede the earlier one.

(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;

(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—in relation to a home address in England—if the address is within a district for which there is a district council, that district;if the address is within a county in which there are no districts, that county;if the address is within a London borough, that London borough;if the address is within the City of London (including the Inner and Middle Temples), the City of London;if the address is within the Isles of Scilly, the Isles of Scilly;in relation to a home address in Wales—if the address is within a county, that county;if the address is within a county borough, that county borough;in relation to a home address in Scotland, the local government area in which the address is situated;in relation to a home address in Northern Ireland, the local government district in which it is situated.

(5) In this rule and in the following provisions of these rules, unless the context requires otherwise—

(a) “nomination paper” includes a reference to—

(i) the nomination paper of a registered party, and

(ii) the nomination paper of an individual candidate;

(b) “nomination paper of a registered party” includes a reference to a party list.

9

(1) A person will not be validly nominated (whether as an individual candidate or a list candidate) unless his consent to nomination–

(a) is given in writing in the appropriate form, or a form to like effect, on or within one month before the last day for the delivery of nomination papers;

(b) is attested by one witness ...; and

(2) A candidate's consent given under this rule must—

(a) state the day, month and year of his birth;

(b) contain a statement that he has read whichever of sub-paragraphs (5) and (6) of paragraph 5 of Schedule 2 to the 1999 Act (persons who many not be candidates) applies in his case; and

(c) contain a statement that to the best of the candidate's knowledge and belief he is not disqualified from being elected by reason of—

(i) any disqualification set out in section 21 or 21A (disqualification from being the Mayor or an Assembly member) of the 1999 Act, ...

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) an order made under section 34(4) of the Localism Act 2011 (offences) or section 30 of the Elections Act 2022 (disqualification orders).

Deposits

10

(1) A person will not be validly nominated as an individual candidate at the election unless the sum of £5,000 is deposited by him or on his behalf with the GLRO at the place and during the time for delivery of nomination papers and party lists.

(2) A registered party (and anyone on its party list) will not be validly nominated unless the sum of £5,000 is deposited on its behalf with the GLRO at the place and during the time for delivery of nomination papers and party lists.

(3) The deposit may be made either—

(a) by the deposit of any legal tender, or

(b) by means of a banker's draft, or

(c) with the GLRO's consent, in any other manner including by means of a debit or credit card or the electronic transfer of funds,

but the GLRO may refuse to accept a deposit sought to be made by means of a banker's draft if he does not know that the drawer carries on business as a banker in the United Kingdom.

(4) Where the deposit is made on behalf of an individual candidate, the person making the deposit must at the time he makes it give his name and address to the GLRO, unless they have previously been given to him under section 67 (appointment of election agent) of the 1983 Act.

Decisions as to validity of nomination papers

11

(1) Where, in the case of an individual candidate, a nomination paper (“individual nomination paper”) and the candidate's consent to it and a home address form are delivered and a deposit is made, in accordance with these Rules, the candidate will be deemed to stand nominated unless and until—

(a) the GLRO decides that the nomination paper is invalid, or

(aa) the GLRO decides that the candidate’s home address form—

(i) does not comply with the requirements of rule 8(4A), or

(ii) if the form contains a statement under rule 8(4B)(a), does not comply with the signature requirement in that rule or the requirements of rule 8(4B)(b) , or

(b) proof is given to the GLRO's satisfaction of the candidate's death, or

(2) Where, the nomination paper of a registered party and the consent of each candidate and a home address form in respect of each candidate included in that party's list are delivered, and a deposit is made, in accordance with these Rules, that party and (subject to paragraph (6)) each candidate on its list must be deemed to stand nominated unless and until the GLRO decides that the nomination paper is invalid.

(3) As soon as practicable after each nomination paper and each home address form have been delivered, the GLRO must examine them and decide whether the individual candidate, or as the case may be, each registered party and each candidate included in that party's list has been validly nominated.

(4) The GLRO is entitled to hold an individual nomination paper invalid only on the grounds that the particulars of the candidate on the nomination paper are not as required by law or that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.

(5) The GLRO is entitled to hold the nomination paper of a registered party invalid only on one of the following grounds—

(a) that the authorised description stated under rule 7(2)(a) breaches rule 7(3),

(b) that the nomination paper does not contain the statement referred to in rule 7(2)(b),

(6) Where, in respect of a candidate included in a party list—

(a) proof is given to the GLRO's satisfaction of his death,

(b) he withdraws or his candidature is withdrawn in accordance with rule 15,

(d) the consent to nomination of that candidate is not delivered in accordance with rule 9, or

(e) the candidate’s home address form—

(i) does not comply with the requirements of rule 8(4A), or

(ii) if the form contains a statement under rule 8(4B)(a), does not comply with the signature requirement in that rule or the requirements of rule 8(4B)(b),

the GLRO must delete the name and address of that candidate from the list.

(7) Where the GLRO has decided under paragraph (3)—

(a) that an individual nomination paper is invalid,

(b) that the nomination paper of a registered party is invalid or that the name and address of a list candidate must be deleted from the list,

he must endorse and sign on the nomination paper to record that decision and the reasons for his decision.

(8) The GLRO must, as soon as practicable after making such a decision under paragraph (3) that a home address form is valid or invalid, send notice of that decision—

(a) to the candidate at his home address as given in his nomination paper, and

(b) in the case of a list candidate, also to the nominating officer.

(9) Where in the GLRO's opinion the nomination paper of a registered party is invalid on the grounds in paragraphs (5)(a) or (b), then he must give a decision to that effect—

(a) as soon as practicable after the delivery of the nomination paper, and

(b) in any event, before the end of the period of 24 hours starting with the end of the period for the delivery of nomination papers set out in the timetable in rule 3.

(10) The GLRO's decision that a nomination paper is valid is final and may not be questioned in any proceeding whatsoever.

(11) Subject to paragraph (10), nothing in this rule prevents the validity of a nomination being questioned on an election petition.

Publication of statement of persons nominated

12

(1) The GLRO must prepare and publish a statement showing—

(a) each registered party which has been and stands nominated, together with that party's list,

(b) the persons who have been and stand nominated as individual candidates, and

(2) If an individual's nomination paper or person's entry on a party list gives a commonly used surname or forename, or both surname and forename, in accordance with rule 8(2), the statement must show the person's commonly used surname or forename, or both surname and forename (as the case may be) instead of the other surname or forename.

(3) Paragraph (2) does not apply if the GLRO thinks—

(a) that the use of the person's commonly used name may be likely to mislead or confuse electors, or

(b) that the commonly used name is obscene or offensive.

(4) If paragraph (3) applies, the GLRO must give notice in writing to the candidate of his reasons for refusing to allow the use of a commonly used name.

(5) The statement must show, in the following order—

(a) the registered parties which have been and stand nominated, arranged in alphabetical order according to the authorised descriptions given in the nomination papers,

(b) the names ... of the list candidates as given in party lists, arranged in the order in which their names appear in those lists,

(c) the names ... and descriptions (if any) of the persons standing nominated as individual candidates, arranged alphabetically in the order of their surnames and, if there are two or more of them with the same surname, of their other names.

(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

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).

(6) In the case of an individual candidate nominated by more than one nomination paper, the GLRO must take the particulars required by the foregoing provisions of this rule from such one of the papers as the candidate (or the GLRO in default of the candidate) may select.

Correction of minor errors

13

(1) The GLRO may, if he thinks fit, at any time before the publication under rule 12 of the statement of parties and persons nominated, correct minor errors in a nomination paper or home address form.

(2) Errors which may be corrected include—

(a) errors as to a person's electoral number,

(b) obvious errors of spelling in relation to the details of a party or candidate,

(3) Anything done by the GLRO in pursuance of this rule may not be questioned in any proceedings other than proceedings on an election petition.

(4) The GLRO must have regard to any guidance issued by the Electoral Commission for the purposes of this rule.

14

(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, any person may inspect and take copies of, or extracts from—

(a) a nomination paper, or

(b) the consents to nomination.

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

Withdrawal or death of candidate

15

(1) An individual candidate may withdraw his candidature by notice of withdrawal—

(a) signed by him and attested by one witness, whose name and address must be given, and

(b) delivered to the GLRO at the place for delivery of nomination papers and party lists,

by the end of the period for the delivery of notices of withdrawals of candidature in the timetable in rule 3.

(2) The nominating officer of a registered party, or a person authorised in writing by him may withdraw that party's nomination by a notice of withdrawal signed by him and delivered to the returning officer at the place for delivery of nomination papers and party lists.

(3) Where a candidate is outside the United Kingdom, a notice of withdrawal signed by his election agent and accompanied by a written declaration also so signed of the candidate's absence from the United Kingdom will be of the same effect as a notice of withdrawal signed by the candidate; but where the candidate stands nominated by more than one nomination paper a notice of withdrawal under this paragraph will be effective if, and only if, it is accompanied, in addition to that declaration, by a written statement signed by the candidate that the person giving the notice is authorised to do so on the candidate's behalf during his absence from the United Kingdom.

(4) If before the result of the election is declared, proof is given to the GLRO's satisfaction that an individual candidate who is named (or is to be named) in the ballot papers or a candidate whose name appears on a party list has died, then (in addition to complying with any other requirement of these rules relevant to that event) the GLRO must—

(a) inform each CRO of the death of the candidate;

(b) in the case of a person whose name is included in a party list, remove that person's name from that list.

Method of election

16

If, after any withdrawals under rule 15, the number of persons remaining validly nominated exceeds the number of seats available for allocation to London members, then, unless all of those persons are named on the same party list, a poll must be taken in accordance with Part 4 of these Rules.

PART 4 — Contested Elections

Poll to be taken by ballot

17

The votes at the poll must be given by ballot to enable the seats for London members to be allocated to registered parties and individual candidates in accordance with paragraphs 7 and 8 of Part 2 of Schedule 2 to the 1999 Act.

The ballot papers

18

(1) The ballot of every voter must consist of a ballot paper, which must be in the appropriate form.

(2) Each registered party which remains validly nominated at the election and whose party list includes a person who remains validly nominated as a list candidate, after any withdrawals, and no other, is entitled to have their authorised description inserted in the ballot paper.

(3) Each person remaining validly nominated as an individual candidate at the election, after any withdrawals, and no other, is entitled to have their name inserted in the ballot paper.

(4) Every ballot paper—

(a) must , so far as practicable for the purposes of electronic counting, be printed in accordance with the directions set out in the Forms Schedule,

(b) must contain the authorised descriptions of the registered parties; and the names and other particulars of the individual candidates as shown in the statement of persons nominated,

(d) may, in the case of ballot papers for use at polling stations, be marked with the words “do not fold”.

(5) If a request is made by or on behalf of a registered party's nominating officer, the ballot paper must contain, against the party's authorised description, the party's registered emblem (or, as the case may be, one of the party's registered emblems).

(6) The request under paragraph (5) must—

(a) be made in writing to the GLRO, and

(b) be received by him during the period for delivery of nomination papers and party lists set out in the timetable in rule 3.

(7) The order of the authorised descriptions of the registered parties and the names of the individual candidates must be in the same order as in the statement of parties and persons nominated.

(8) The GLRO must supply the ballot papers for use at the election to the CRO by such date as may be agreed between them.

(9) The ballot papers supplied under paragraph (8) must be of a different colour from those used at any relevant election or referendum with which the election is taken.

The corresponding number list

19

(1) The CRO must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by him in pursuance of rule 24(1) or provided by him in pursuance of rule 29(1).

(2) The list must be in the appropriate form or a form to like effect.

(3) At an ordinary election, the same list may be used for each Authority election with which the election is combined.

The official mark

20

(1) Every ballot paper must contain an appropriate security marking (the official mark).

(2) The official mark must be kept secret, and an interval of not less than five years must intervene between the use of the same official mark at any Authority election.

(3) The GLRO may use a different official mark for different purposes at the same election.

Prohibition of disclosure of vote

21

No person who has voted at the election may, in any legal proceeding to question the election, be required to state for which candidate or party he has voted.

Use of schools and public rooms

22

(1) The CRO may use, free of charge, for the purpose of taking the poll or counting the votes—

(a) a room in a school maintained or assisted by a local authority (as defined in the Education Act 1996) or a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school,

(b) a room the expense of maintaining which is met by any local authority.

(2) The CRO must make good any damage done to, and defray an expense incurred by the persons having control over, any such room as mentioned in paragraph (1) by reason of its being used for the purpose of taking the poll or counting the votes.

Notice of poll

23

(1) The GLRO must, in accordance with the timetable in rule 3, publish notice of the poll stating—

(a) the day and hours fixed for the poll,

(b) the number of seats for London members available for allocation at that election,

(c) the authorised description of each registered party whose party list includes persons who remain validly nominated as list candidates, and

(d) the name and description (if any) of each individual candidate remaining validly nominated,

and rule 12(5) applies in relation to the order in which that information appears on the notice of the poll as it applies in relation to the statement of persons nominated.

(2) The CRO must, not later than the time of the publication of the notice of the poll, also give public notice of—

(a) the situation of each polling station, and

(b) the description of voters entitled to vote there,

and he must as soon as practicable after giving such a notice give a copy of it to each of the election agents.

(3) The notice published under paragraph (2) shall—

(a) state that the poll at the election is to be taken together with the poll at a relevant election or referendum as the case may be,

(b) specify the parliamentary constituency ..., relevant London borough, or voting area; and in the case of an election to fill a casual vacancy, the electoral area for which the relevant election or referendum is held, and

(4) The notice of poll must include the heading “GREATER LONDON AUTHORITY ELECTION”.

Postal ballot papers

24

(1) The CRO must, in accordance with regulations made under the 1983 Act , issue to those entitled to vote by post a ballot paper and a postal voting statement, together with such envelopes for their return as may be prescribed in such regulations.

(2) The postal voting statement must be in the appropriate form or a form to like effect.

(3) The postal voting statement must include provision for the form to be signed and for stating the date of birth of the elector or proxy (as the case may be).

(4) The CRO must also issue to those entitled to vote by post such information as he thinks appropriate about how to obtain—

(a) translations into languages other than English of any directions to or guidance for voters sent with the ballot paper,

(b) a translation into Braille of such directions or guidance,

(d) the directions or guidance in any other form (including any audible form).

(5) In the case of a ballot paper issued to a person at an address in the United Kingdom, the CRO must ensure that the return of the ballot paper and postal voting statement is free of charge to the voter.

(6) Where the proceedings on the issue and receipt of postal ballot papers at the election are taken together with a relevant election or referendum the appropriate form of postal voting statement under paragraph (2) may be the joint postal voting statement which must be in the appropriate form or form to like effect.

Provision of polling stations

25

(1) The CRO must provide a sufficient number of polling stations and, subject to the following provisions of this rule, must allot the electors to the polling stations in such manner as he thinks most convenient.

(2) One or more polling stations may be provided in the same room.

(3) The polling station allotted to electors from any parliamentary polling district wholly or partly within the Assembly constituency must, in the absence of special circumstances, be in the parliamentary polling place for that district, unless that place is outside the Assembly constituency.

(4) The CRO must provide each polling station with such number of compartments as may be necessary in which the voters can mark their votes screened from observation.

(5) The CRO must ensure that each polling station contains an area in which voters can produce proof of identity in private.

Appointment of presiding officers and clerks

26

(1) The CRO must appoint and pay a presiding officer to attend at each polling station and such clerks and technical assistants as may be necessary for the purposes of the election, but he must not appoint any person who has been employed by or on behalf of a candidate in or about the election.

(2) The CRO may, if he thinks fit, preside at a polling station and the provisions of this Part relating to a presiding officer apply to the CRO so presiding with the necessary modifications as to things to be done by the CRO to the presiding officer or by the presiding officer to the CRO.

(3) A presiding officer may do, by the clerks appointed to assist him, any act (including the asking of questions) which he is required or authorised by this Part to do at a polling station except—

(a) order the arrest, exclusion or removal of any person from the polling station,

(b) refuse to deliver a ballot paper under rule 37(3) or rule 39(1E) (including that rule as applied by rule 40, 41 or 42), or

Issue of official poll cards

27

(1) The CRO must as soon as practicable after the publication of the notice of election, send to electors and their proxies an official poll card.

(2) An elector's official poll card must be sent or delivered to his qualifying address, and a proxy's to his address as shown in the list of proxies.

(3) The official poll card must be in the appropriate form or a form to like effect, and must set out—

(a) that the election is of London members of the London Assembly at an ordinary election,

(b) the elector's name, qualifying address and number on the register,

(d) such other information as the CRO thinks appropriate,

and different information may be provided in pursuance of sub-paragraph (d) to different electors or descriptions of elector.

(4) In the case of an elector with an anonymous entry, instead of containing the matter mentioned in paragraph (3)(b), the polling card must contain such matter as is specified in the appropriate form.

(5) At an ordinary election, the CRO must issue a combined poll card in the appropriate form.

(6) If the CRO and the returning officer for each relevant election or referendum agree, the poll card issued under this rule may be combined with the official poll card for the relevant election or referendum, with necessary adaptations.

(7) In this rule “elector” means—

(a) an elector with an entry on the register to be used at the election on the last day for the publication of the notice of the election, and

(b) includes a person then shown in the register as below voting age if (but only if) it appears from the register that he will be of voting age on the day fixed for the poll.

Information for voters

28

(1) At an ordinary election, the GLRO may, in addition to a statement by him in an election booklet, include in the booklet information for voters that has been agreed by him with the Electoral Commission.

(2) The information for voters given in the election booklet may include information about—

(a) the office of the Mayor and the London Assembly,

(b) the system of voting at each Authority election,

subject to paragraph (3), may include any other information given in exercise of the GLRO's duty under section 69 (encouraging electoral participation) of the 2006 Act.

(3) The information for voters must not contain—

(a) any advertising material,

(b) any material referring to a candidate or a registered party, other than by reproduction of a ballot paper which refers equally to all candidates and parties at the ordinary election,

(c) any material referring to the holder, at any time, of the office of Mayor or Assembly member, other than under paragraph (b) as a candidate at the ordinary election.

(4) Information published in an election booklet under this rule must be printed on not more than two sides of A5 paper.

Equipment of polling stations

29

(1) The CRO must provide each presiding officer with—

(a) such ballot papers as may be necessary, and

(b) such ballot boxes as may be necessary having taken account of any direction made by the GLRO in accordance with paragraph (9).

(2) Every ballot box must be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked or, where the box has no lock, the seal being broken.

(3) The CRO must provide each polling station with—

(a) materials to enable voters to mark the ballot papers,

(b) copies of the register of electors or such part of it as contains the entries relating to the electors allotted to the station,

(c) the parts of any special lists prepared for the election corresponding to the register of electors or the part of it provided under sub-paragraph (b),

(d) a notice of the death of any person of whose death he has been informed as mentioned in rule 15(4),

(e) a list consisting of that part of the list prepared under rule 19 which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station.

(4) The reference in paragraph (3)(b) to the copies of the register of electors includes a reference to copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act in respect of alterations to the register.

(4A) The CRO must also provide each polling station with a ballot paper refusal list, in the appropriate form or a form to like effect, on which entries are to be made as mentioned in rule 43A (refusal to deliver ballot paper).

(5) The CRO must also provide each polling station with such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote independently in the manner directed by rule 39 (voting procedure), including in relation to voting secretly; and for this purpose “relevant persons” means persons who find it difficult or impossible to vote in that manner because of—

(a) blindness or partial sight, or

(b) another disability.

(5A) Paragraph (10) of rule 29 of Schedule 1 to 1983 Act (Parliamentary elections rules: guidance to returning officers) applies for the purposes of paragraph (5) of this rule as it applies for the purposes of that rule, but as if—

(a) the reference in that paragraph to the returning officer were a reference to the CRO, and

(b) the reference in that paragraph to paragraph (3A)(b) were a reference to paragraph (5) of this rule.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The enlarged sample copies of the ballot paper that the GLRO is required to provide, or cause to be displayed at every polling station (in accordance with section 199B(5) and (7) of the 1983 Act) must—

(a) be provided to the CRO who will deliver them to the polling stations, and

(b) be printed on paper of the same colour as the ballot paper at the election.

(8) The CRO must also provide each polling station with notices for the guidance of voters, which must be exhibited—

(a) outside the polling station,

(b) inside the polling station—

(i) in the communal areas, and

(ii) in every voting compartment.

(8A) A large notice must be displayed inside each polling station containing—

(a) details of the documents the voter needs to produce when applying for a ballot paper, namely—

(i) in the case of an elector (other than an elector with an anonymous entry) or a proxy, any of the forms of identification for the time being referred to in rule 37(1H) of the parliamentary election rules;

(ii) in the case of an elector with an anonymous entry, the elector’s official poll card and an anonymous elector’s document showing the same electoral number as the electoral number shown on the official poll card; and

(b) a statement that further proof of identity may be required to resolve any discrepancy between the name of the holder of a form of identification and the name of the elector or proxy that the voter claims to be.

(9) If the GLRO thinks fit he may, not later than the date of the notice of election, direct the CRO that joint ballot boxes must be used for the ballot papers at the election and any or all relevant elections or referendums with which the election is taken.

(10) Where separate ballot boxes are to be used for the election and every relevant election or referendum, each ballot box shall be clearly marked with—

(a) the election or referendum to which it relates, as shown on the ballot papers for that election or referendum, and

(b) the words “Place the [specify colour of ballot papers in question] ballot paper here”.

(11) Where the CRO does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations, references in this rule to the CRO should be read as references to the returning officer who does discharge those functions.

Notices for the guidance of voters

30

(1) The GLRO must prepare and provide each CRO with the notices to be exhibited under rule 29(8).

(2) The GLRO may also provide each CRO with versions of the notices in such other form as he thinks appropriate, in accordance with section 199B (translations etc of certain documents) of the 1983 Act.

(3) Notices for the guidance of voters exhibited under rule 29(8) or paragraph (2) must be in the appropriate form, but may include such alternative information relating to Authority elections as—

(a) meets with the requirements of the Notices Schedule, and

(b) the GLRO may decide.

(4) Notices provided under paragraph (2) may, if the CRO agrees, be exhibited at any polling station—

(a) outside the polling station,

(b) inside the polling station—

(i) in the communal areas,

(ii) in every voting compartment.

(5) Where the CRO does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations, references in this rule to the CRO should be read as references to the returning officer who does discharge those functions.

Appointment of polling and counting agents

31

(1) Before the commencement of the poll—

(a) each individual candidate, and

(b) the election agent of each list candidate,

may appoint—

(i) polling agents to attend at polling stations for the purpose of detecting personation, and

(ii) counting agents to attend at the local count.

(2) The same person may be appointed as a polling agent or counting agent by, or in the case of list candidates on behalf of, more than one candidate.

(3) For each local count, one (but no more than one) counting agent of each registered party standing nominated or individual candidate, as the case may be, may be authorised by the terms of his appointment to require a re-count at that count.

(4) Not more than four polling agents, or such greater number as the CRO may by notice allow, may be permitted to attend at any particular polling station.

(5) If the number of such agents appointed to attend at a particular polling station exceeds that number, the CRO must determine by lot which agents are permitted to attend, and only the agents on whom the lot falls will be deemed to have been duly appointed.

(6) The CRO may limit the number of counting agents, but in doing so must ensure that—

(a) the number is the same in the case of each candidate, and

(b) the number allowed to a candidate must not (except in special circumstances) be less than the number obtained by dividing the number of clerks employed on the counting by the number of candidates.

(7) For the purposes of the calculations required by paragraph (6)–

(a) a counting agent appointed for more than one list candidate must be deemed to be appointed for all the candidates on that list,

(b) a counting agent appointed for more than one candidate (other than a list candidate) is a separate agent for each of the candidates for whom he has been appointed.

(8) Notice in writing of the appointment of polling and counting agents, stating the names and addresses of the persons appointed, must be given by the candidate to the CRO and must be so given not later than the fifth day (computed in accordance with rule 4) before the day of the poll.

(9) If an agent dies, or becomes incapable of acting, the candidate or, as the case may be, the election agent, may appoint another person in his place, and must forthwith give to the CRO notice in writing of the name and address of that other person.

(10) Any appointment authorised by this rule may be made and the notice of appointment given to the CRO by the candidate's election agent, instead of by the candidate.

(11) In the following provisions of these Rules references to polling agents and counting agents must be taken as references to agents—

(a) whose appointments have been duly made and notified, and

(b) where the number of agents is restricted, who are within the permitted numbers.

(12) Any notice required to be given to a counting agent by the CRO may be delivered at, or sent by post to, the address stated in the notice of appointment.

(13) A candidate may himself do any act or thing which any polling or counting agent of his, if appointed, would have been authorised to do, or may assist his agent in doing any such act or thing.

(14) A candidate's election agent may do or assist in doing anything which a polling or counting agent of his is authorised to do; and anything required or authorised by these Rules to be done in the presence of the polling or counting agent may be done in the presence of a candidate's election agent instead of his polling agent or counting agent.

(15) Where by these Rules any act or thing is required or authorised to be done in the presence of the polling or counting agents, the non-attendance of any agent or agents at the time and place appointed for the purpose will not, if the act or thing is otherwise duly done, invalidate the act or thing done.

(16) Where the CRO does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations, then notices of the appointment of polling agents and counting agents which are required by this rule to be given to the CRO shall be given to the returning officer who discharges those functions.

Notification of requirement of secrecy

32

(1) The CRO must make such arrangements as he thinks fit to ensure that—

(a) every person attending at a polling station (otherwise than for the purpose of voting or assisting a voter with disabilities to vote or as a constable on duty there) has been given a copy of the provisions of subsections (1), (3) and (6) of section 66 (requirement of secrecy) of the Representation of the People Act 1983 , and

(b) every person attending at the counting of the votes (other than any constable on duty at the counting) has been given a copy of the provisions of subsections (2) and (6) of that section.

(2) In paragraph (1) a reference to a constable includes a person designated as a community support officer under section 38 of the 2002 Act (police powers for employees).

Return of postal ballot papers

33

(1) Where—

(a) a postal vote has been returned in respect of a person who is entered on the postal voters list, or

(b) a proxy postal vote has been returned in respect of a proxy who is entered on the proxy postal voters list,

the CRO must mark the list in the manner prescribed by regulations made under the 1983 Act .

(2) Rule 50(5) does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.

Admission to polling station

34

(1) The presiding officer must exclude all persons from the polling station except—

(a) voters,

(b) persons under the age of 18 who accompany voters to the polling station,

(ba) persons aged 18 or over returning a postal ballot paper or postal voting statement by hand in accordance with rule 50(6)(b);

(d) the polling agents appointed to attend at the polling station,

(e) the clerks appointed to attend at the polling station,

(f) persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act,

(g) the constables on duty,

(h) the companions of voters with disabilities, and

(i) persons entitled to be admitted to the polling station at a relevant election or referendum.

(2) The presiding officer must regulate the total number of voters and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.

(3) Not more than one polling agent may be admitted at the same time to a polling station on behalf of the same party or individual candidate.

(4) A constable or person employed by the CRO must not be admitted to vote in person elsewhere than at his own polling station allotted to him under these Rules, except on production and surrender of a certificate as to his employment which must be in the appropriate form and signed by an officer of the police of or above the rank of inspector or by the CRO, as the case may be.

(5) Any certificate surrendered under this rule must forthwith be cancelled.

(6) In this rule a reference to a constable includes a person designated as a community support officer under section 38 of the 2002 Act.

Keeping of order in station

35

(1) It is the presiding officer's duty to keep order at his polling station.

(2) If a person misconducts himself in a polling station, or fails to obey the presiding officer's lawful orders, he may immediately, by the presiding officer's order, be removed from the polling station—

(a) by a constable in or near that station, or

(b) by any other person authorised in writing by the CRO to remove him,

and the person so removed must not, without the presiding officer's permission, again enter the polling station during the day.

(3) Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.

(4) The powers conferred by this rule must not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Sealing of ballot boxes

36

Immediately before the commencement of the poll, the presiding officer must—

(a) show each ballot box, empty, to such persons, if any, as are present in the polling station, so that they may see that the boxes are empty,

(b) lock up such of the boxes as have locks,

(i) on each lock, and

(ii) on each ballot box which has no lock,

in such a manner as to prevent its being opened without breaking the seal,

(d) place each box in his view for the receipt of ballot papers, and

(e) keep each box locked and sealed or, as the case may be, sealed.

Questions to be put to voters

37

(1) At the time of the application (but not afterwards), the questions specified in the second column of the following table—

(a) may be put by the presiding officer to a person who is mentioned in the first column, and

(b) must be put if (where applicable) the person has answered the previous question in the manner indicated, and the letter “R” appears after the question and the candidate or his election or polling agent requires the question to be put.

Q. No.	Person applying for ballot paper	Question
1	A person applying as an elector	(za)—“What is your name?”(zb)—“What is your address?”(a)—Are you the person registered in the register of local government electors for this election as follows(read the whole entry from the register)?R—Have you already voted, here or elsewhere in Greater London at this election for London members, otherwise than as proxy for some other person? [R]
2	A person applying as proxy	(za)—“What is your name?”(zb)—“What is your address?”(a)—Are you the person whose name appears as A.B. in the list of proxies for this election as entitled to vote as proxy on behalf of C.D.? R—Have you already voted here or elsewhere in Greater London at this election for London members, as proxy on behalf of C.D.? [R] (c)—Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R] (d)—If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” R—If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” R—If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]
3	A person applying as proxy for an elector with an anonymous entry (instead of the questions at entry 2)	(za)—“What is your name?”(zb)—“What is your address?”(a)—Are you the person entitled to vote as proxy on behalf of the elector whose number on the register of electors is (read out the number)? R—Have you already voted here or elsewhere in Greater London as proxy on behalf of the elector whose number on the register of electors is (read out the number)? [R] (c)—Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R] (d)—If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” R—If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” R—If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]
. . .	. . .	. . .
5	A person applying as an elector in relation to whom there is an entry in the postal voters list	(za)—“What is your name?”(zb)—“What is your address?”(a)—Did you apply to vote by post?(b)—Why have you not voted by post?
6	A person applying as proxy who is named in the proxy postal voters list	(za)—“What is your name?”(zb)—“What is your address?”(a)—Did you apply to vote by post as proxy?(b)—Why have you not voted by post as proxy?

(2) In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references in the questions at entries 1(a) and 3(a) and (b) to reading from the register must be taken as references to reading from the notice issued under those subsections.

(2A) Where a clerk—

(a) gives a person the required information (see paragraph (5)),

(b) puts a question specified in paragraph (1) to the person, and

the clerk must refer the matter to the presiding officer, who must put the question to the person again.

(3) Where the presiding officer—

(a) gives a person the required information,

(b) puts a question specified in paragraph (1) to the person (whether or not following a referral under paragraph (2A)), and

the officer must refuse to deliver a ballot paper to the person (and see rule 43A (procedure where ballot paper is refused under this paragraph)).

(3A) For the purposes of the rule, a person answers the question “What is your name?” or “What is your address?” satisfactorily if—

(a) where one of those questions is put, the answer matches a name or address (as the case may be) in the register;

(b) where both those questions are put, the answers match a name and address in that register that relate to the same person.

(3B) In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references to the register in paragraph (3A) are to be read as references to the notice issued under section 13B(3B) or (3D).

(4) Except as authorised by this rule, no inquiry may be permitted as to the right of any person to vote (and for the purposes of this paragraph, an inquiry relating to the production of identification by a voter is not to be regarded as an inquiry as to the right of the person to vote).

(5) For the purposes of this rule, a person to whom any question is to be put is given “the required information” if the person is first informed that—

(a) a ballot paper will be refused if the person fails to answer each question satisfactorily, and

(b) giving false information may be an offence.

Challenge of voter

38

A person must not be prevented from voting because—

(a) a candidate or his election or polling agent declares that he has reasonable cause to believe that the person has committed an offence of personation, or

(b) the person is arrested on the grounds that he is suspected of committing or of being about to commit such an offence.

Voting procedure

39

(1) Subject to rule 37(3) and to paragraphs (1A) to (1M), a ballot paper must be delivered to a voter who applies for one, and immediately before delivery—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the number of the elector must be marked on the list mentioned in rule 29(3)(e) beside the number of the ballot paper to be issued to him,

(c) a mark must be placed in the register of electors against the number of the elector to note that a ballot paper has been applied for but without showing the particular ballot paper which may be delivered,

(d) in the case of a person applying for a ballot paper as proxy, a mark must also be placed against his name in the list of proxies.

(1A) A ballot paper must not be delivered to a voter unless the voter produces a specified document to the presiding officer or a clerk.

(1B) The presiding officer or clerk must arrange for the voter to produce any document in a private area of the polling station if the voter so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter.

(1C) Paragraph (1D) applies in relation to a voter where—

(a) the voter produces a specified document to a clerk and the clerk decides that the document raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or

(b) the voter produces a document to a clerk that the clerk reasonably suspects to be a forged document.

(1D) Where this paragraph applies, the clerk must refer the matter and produce the document to the presiding officer, who must proceed as if the voter had produced the document to the presiding officer in the first place.

(1E) The presiding officer must refuse to deliver a ballot paper to a voter where—

(a) the voter produces a specified document to the officer and the officer decides that the document raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or

(b) the voter produces a document to the officer that the officer reasonably suspects to be a forged document.

(1F) Paragraph (1E)(a) does not apply where—

(a) a discrepancy between the name of the holder of a specified document and the name of the elector or proxy that the voter claims to be is resolved to the presiding officer’s satisfaction at the time of the application by the voter producing further proof of identity, and

(b) the presiding officer has no other reason (arising from any document produced by the voter) to doubt that the voter is the elector or proxy that the voter claims to be.

(1G) The refusal to deliver a ballot paper to a voter under paragraph (1E) does not prevent the voter making a further application under paragraph (1), and paragraphs (1A) to (1F) apply on any further application.

(1H) In this rule, a “forged document” means a false document made to resemble a specified document.

(1I) In this rule, a “specified document”—

(a) except in the case of a voter who has an anonymous entry in the register of electors, means a document which for the time being falls within the list specified in rule 37(1H) of the parliamentary election rules;

(b) in the case of a voter who has an anonymous entry in the register of electors, means an anonymous elector’s document which—

(i) was issued by the registration officer for the local authority in whose area the election is held, and

(ii) contains the number—

(aa) allocated to the voter as stated in the copy of the register of electors, or

(bb) where an entry relating to the voter is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice.

(1J) Subject to paragraph (1K), a reference in this rule to a document that is a specified document is a reference to the document regardless of any expiry date relating to it.

(1K) Paragraph (1J) does not apply to a temporary electoral identity document where the date of the poll for the election is after the date for which the document is issued.

(1L) No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s identity, except as permitted by the voter.

(1M) References in this rule to producing a document are to producing it for inspection.

(2) In the case of an elector who has an anonymous entry, he must show the presiding officer his official poll card ....

(3) In the case of an elector who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (1) is modified as follows—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in sub-paragraph (c), for “in the register of electors” substitute “on the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act”.

(4) The voter, on receiving the ballot paper, must forthwith proceed into one of the compartments in the polling station and there secretly mark his paper, and must then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper into the ballot box in the presiding officer's presence, but so as to conceal his vote.

(5) The voter must vote without undue delay, and must leave the polling station as soon as he has put his ballot paper into the ballot box.

(6) A voter who has had a ballot paper delivered to him under paragraph (1), but has decided not to mark it, may return it to the presiding officer and where the voter does so, the presiding officer must—

(a) immediately cancel the ballot paper, and for the purposes of these rules treat it as a spoilt ballot paper,

(b) place a mark beside the number of that ballot paper on the corresponding number list to show that the ballot paper has been cancelled.

(7) The same copy of—

(a) the list of proxies,

(b) the register of electors,

(c) any notice issued under section 13B(3B) or (3D) of the 1983 Act (marked in the case of an elector who is added to the register in pursuance of such a notice),

may be used for the election and each relevant election and referendum and one mark may be placed in the list, register or notice (as the case may be) to denote that a ballot paper has been delivered in respect of each election and referendum; except that, where a ballot paper has not been issued in respect of any election or referendum, a different mark must be placed in the list, register or notice so as to identify the election or referendum in respect of which a ballot paper was issued.

(8) At an ordinary election, the same copy of the list mentioned in rule 29(3)(e), may be used for each Authority election and one mark may be placed in the list, to denote that a ballot paper has been delivered in respect of each Authority election; except that, where a ballot paper has not been issued in respect of any Authority election, a different mark must be placed in the list, so as to identify the elections in respect of which a ballot paper was issued.

(9) A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting must (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.

Votes marked by presiding officer

40

(1) Subject to paragraph (1A), the presiding officer, on the application of a voter—

(a) who is incapacitated by blindness or other disability from voting in the manner directed by these Rules, or

(b) who declares orally that he is unable to read,

must, in the presence of the polling agents, cause the voter's vote to be marked on a ballot paper in the manner directed by the voter, and the ballot paper to be placed in the ballot box.

(1A) Paragraphs (1A) to (1M) of rule 39 apply in the case of a voter who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 39(1), but as if—

(a) references to delivering a ballot paper to a voter were to causing a voter’s vote to be marked on a ballot paper, and

(b) in rule 39(1G), the reference to paragraph (1) of rule 39 were to paragraph (1) of this rule.

(2) The name and number on the register of electors of every voter whose vote is marked in pursuance of this rule, and the reason why it is so marked, must be entered on a list (in these Rules called “the list of votes marked by the presiding officer”). In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name must be the elector's number.

(3) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act , paragraph (2) applies as if for “on the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act”.

(4) The same list may be used for each relevant election or referendum, and where it is so used, an entry in that list must be taken to mean that the ballot papers were so marked in respect of each election or referendum, unless the list identifies the election or referendum at which the ballot paper was so marked.

Voting by persons with disabilities

41

(1) If a voter makes an application to the presiding officer to be allowed, on the ground of–

(a) blindness or other disability, or

(b) inability to read,

to vote with the assistance of another person by whom he is accompanied (in these Rules referred to as “the companion”), the presiding officer must require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or other disability, or by his inability to read, as to be unable to vote without assistance.

(2) Subject to paragraph (2A), if the presiding officer—

(a) is satisfied that the voter is so incapacitated, and

(b) is also satisfied by a written declaration made by the companion (in these Rules referred to as “the declaration made by the companion of a voter with disabilities”) that the companion—

(i) is a qualified person within the meaning of these Rules, and

(ii) has not previously assisted more than one voter with disabilities to vote at the election,

the presiding officer must grant the application, and then anything which is by these Rules required to be done to, or by that voter in connection with the giving of his vote may be done to, or with the assistance of, the companion.

(2A) Paragraphs (1A) to (1M) of rule 39 apply in the case of a voter who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 39(1), but as if—

(a) references to delivering a ballot paper to a voter were to granting a voter’s application, and

(b) in rule 39(1G), the reference to paragraph (1) of rule 39 were to paragraph (1) of this rule.

(3) For the purpose of these Rules, a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1) above, and a person may be qualified to assist a voter with disabilities to vote if that person is aged 18 or over.

(4) The name and number in the register of electors of every voter whose vote is given in accordance with this rule and the name and address of the companion must be entered on a list (in these Rules referred to as the “list of voters with disabilities assisted by companions”). In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name must be the elector's number.

(5) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (4) applies as if for “in the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act”.

(6) The declaration made by the companion—

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.