Office of Public Sector Information
SCHEDULE 3 continued
25 (1) Section 85 shall be amended as follows.
(2) After subsection (2) there shall be inserted—
“(2A) As respects Authority elections—
(a) subsections (1) and (2) above shall not apply in relation to a candidate in an election of the Mayor of London (for which separate provision is made by section 85A below);
(b) in the case of any other Authority election, the reference in subsection (2)(a) above to the council for the local government area for which the election was held shall be taken as a reference to the London Assembly; and
(c) in the case of a candidate included in a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party, the references in subsection (1) above to the returns and declarations in respect of election expenses shall be taken as references to the declaration as to election expenses by the candidate.”
26 After section 85 there shall be inserted—
(1) If, in the case of any candidate at an election of the Mayor of London, the return and declarations as to election expenses are not delivered before the expiry of the time limited for the purpose, the candidate shall, as respects that election, be disqualified from being elected or being the Mayor of London.
(2) Any application under section 86 below by such a candidate for relief in respect of a failure to deliver the return and declarations as to election expenses must be made within the period of 6 weeks following the day on which the time limited for their delivery expires.
(3) A disqualification under subsection (1) above shall not take effect unless or until—
(a) the period specified in subsection (2) above for making an application for relief under section 86 below expires without such an application having been made; or
(b) if such an application is made, the application—
(i) is finally disposed of without relief being granted; or
(ii) is abandoned or fails by reason of non-prosecution.”
27 (1) Section 88 shall be amended as follows.
(2) In the words preceding paragraph (a), after “At a parliamentary election” there shall be inserted “or an Authority election”.
(3) In paragraph (a) (which requires publication of notices in at least two newspapers circulating in the constituency for which the election was held) after “the constituency” there shall be inserted “or electoral area”.
28 (1) Section 93 shall be amended as follows.
(2) In subsection (1), after “local government election” there shall be inserted “, other than an Authority election,”.
29 (1) Section 96 shall be amended as follows.
(2) In subsection (1) (which entitles a candidate to the use of certain premises for holding public meetings in furtherance of his candidature) for “in furtherance of his candidature” there shall be substituted “to promote or procure the giving of votes at that election—
(i) for himself, or
(ii) if he is a candidate included in a list of candidates submitted by a registered political party at an election of the London members of the London Assembly at an ordinary election, towards the return of candidates on that list,”.
30 (1) Section 113 shall be amended as follows.
(2) In subsection (2) (conduct which constitutes bribery) at the end of paragraph (ii) there shall be added “; and
(iii) references to procuring the return of any person at an election include, in the case of an election of the London members of the London Assembly at an ordinary election, references to procuring the return of candidates on a list of candidates submitted by a registered political party for the purposes of that election”.
31 (1) Section 130 shall be amended as follows.
(2) At the beginning of subsection (2)(b)(ii) (which provides that a person is not qualified to constitute an election court for the trial of a petition relating to a local government area in which he practises) there shall be inserted “except in the case of an Authority election,”.
32 (1) In section 135 (consequences of local election declared void) after subsection (1) (which provides for a new election in certain cases) there shall be inserted—
“(1A) Subsection (1) above shall not apply in the case of an election of the London members of the London Assembly at an ordinary election (for which separate provision is made by section 135A below).”
(2) After section 135 there shall be inserted—
(1) This section applies where the election court has made a determination under section 145 below at the conclusion of the trial of a petition questioning the election of the London members of the London Assembly at an ordinary election.
(2) Where, pursuant to section 145(6) below, the proper officer of the Greater London Authority receives the copy of the certificate of the election court’s determination in relation to the election which was questioned, he shall send notice of the determination to the Greater London returning officer.
(3) If the election is not declared void but—
(a) the return of a candidate at the election is declared void, and
(b) no other person has been declared returned in his place,
the vacancy shall be filled (or, as the case may be, remain unfilled) as if it were a casual vacancy (see section 11 of the Greater London Authority Act 1999).
(4) If the election is declared void, a new election shall be held in the same manner as at an ordinary election.
(5) The date of the poll at the new election shall be fixed by the Greater London returning officer.
(6) The date fixed shall be no later than three months after the receipt by the Greater London returning officer of the notice under subsection (2) above.
(7) A new election shall not be held if the latest date which may be fixed for the poll falls within the period of three months preceding an ordinary election.
(8) If the determination of the election court is that the election is void, the Greater London returning officer shall inform the returning officer for each Assembly constituency of—
(a) the contents of the notice under subsection (2) above; and
(b) the date fixed for the poll at the new election.
(9) The results of the elections of the constituency members of the London Assembly at the last ordinary election shall have effect for the purposes of ascertaining the results of the new election.”
33 (1) Section 145 shall be amended as follows.
(2) After subsection (1) (which specifies the questions to be determined by the election court) there shall be inserted—
“(1A) In the application of subsection (1) above in relation to an election of the London members of the London Assembly at an ordinary election, for the words from “shall determine” to “void,” there shall be substituted “shall determine whether—
(a) the person or persons whose return is complained of were duly returned,
(b) some other person or persons should have been declared to be returned, or
(c) the election was void,”.”
34 After section 145 there shall be inserted—
(1) This section applies where the election court makes a determination under section 145 above in respect of—
(a) the election of the Mayor of London, or
(b) the election of a constituency member of the London Assembly,
and the conditions in subsections (2) and (3) below are satisfied.
(2) The first condition is that the determination of the election court is—
(a) that the person whose election is complained of was not duly elected; or
(b) that the election was void.
(3) The second condition is that the return of that person at that election was taken into account for the purpose of deciding which persons were to be returned as London members of the London Assembly.
(4) Where this section applies, the validity of the return of the London members of the London Assembly shall not be affected by—
(a) the determination of the election court; or
(b) in a case falling within subsection (1)(b) above, the subsequent return of a person as the constituency member for the Assembly constituency concerned.”
35 (1) Section 159 shall be amended as follows.
(2) In subsection (3) (reported candidate to be incapable of holding corporate office in the local government area concerned etc) in the definition of “corporate office” after “in England and Wales means the office of” there shall be inserted “Mayor of London or member of the London Assembly, of”.
36 (1) Section 165 shall be amended as follows.
(2) After subsection (3) (vote given for person incapable of being elected by reason of employing corrupt agent not to be deemed to be thrown away unless given for same person at a poll consequent on the decision of an election court) there shall be added—
“(4) In the case of an election of the Mayor of London, a vote deemed in accordance with subsection (3) above to be thrown away shall be so deemed only to the extent that it is a vote given so as to indicate that the person who was under the incapacity is the voter’s first or second preference from among the candidates.”
37 After section 189 there shall be inserted—
For the purposes of—
(a) Part II of this Act,
(b) Part III of this Act, and
(c) section 189 above,
any reference to an election under the local government Act includes a reference to an Authority election.”
38 (1) Section 202 shall be amended as follows.
(2) In subsection (1)—
(a) in the definition of “election”, after “parliamentary election” there shall be inserted “, an Authority election”;
(b) in paragraph (b) of the definition of “election court”, after “questioning” there shall be inserted “an Authority election or”;
(c) for the definition of “proper officer” there shall be substituted—
““proper officer”—
(a) in relation to the Greater London Authority, has the same meaning as in the 1999 Act (see section 424(2) of that Act);
(b) except as provided by paragraph (a) above, in England and Wales means a proper officer within the meaning of section 270(3) and (4) of the [1972 c. 70.] Local Government Act 1972;”.
(3) In subsection (1), after the definition of “proper officer” there shall be inserted—
““registered political party” means a party registered under the [1998 c. 48.] Registration of Political Parties Act 1998.”
39 (1) Section 203 (local government provisions as to England and Wales) shall be amended as follows.
(2) In subsection (1), the following definitions shall be inserted at the appropriate places—
““the 1999 Act” means the Greater London Authority Act 1999;”;
““Assembly constituency” has the same meaning as in the 1999 Act (see section 2(4) and (5) of that Act);”;
““Authority election” means—
(a) any election of the Mayor of London;
(b) any election of a constituency member of the London Assembly; or
(c) the election of the London members of the London Assembly at an ordinary election;”;
““constituency member”, in relation to the London Assembly, has the same meaning as in the 1999 Act;”;
““election of a constituency member of the London Assembly” means—
(a) any such election at an ordinary election; or
(b) an election under section 10 of the 1999 Act (election to fill a vacancy in an Assembly constituency);”;
““election of the Mayor of London” means—
(a) any such election at an ordinary election; or
(b) an election under section 16 of the 1999 Act (election to fill a vacancy in the office of Mayor of London);”;
““London member”, in relation to the London Assembly, has the same meaning as in the 1999 Act;”.
(3) In subsection (1), in the definition of “electoral area”, after “means” there shall be inserted “(a)” and at the end of the definition there shall be added—
“(b) Greater London, in the case of—
(i) any election of the Mayor of London; or
(ii) the election of the London members of the London Assembly at an ordinary election;
(c) any Assembly constituency for which the election of a constituency member of the London Assembly is held;”.
(4) In subsection (1)—
(a) in the definition of “local authority”, after “means” there shall be inserted “the Greater London Authority,”;
(b) in the definition of “local government area”, after “means” there shall be inserted “Greater London,”;
(c) in the definition of “local government election”, after “means” there shall be inserted “(a)” and at the end of the definition there shall be added “; or
(b) any Authority election”.
(5) After subsection (1) there shall be inserted—
“(1A) In the application of this Act in relation to England and Wales, unless the context otherwise requires, any reference to—
(a) a local government election, or
(b) an election under the local government Act,
shall be taken to include a reference to an Authority election.
(1B) Any reference in this Act to a registered political party submitting a list of candidates to be London members of the London Assembly at an ordinary election shall be construed in accordance with section 4(5)(a) of, and Part II of Schedule 2 to, the 1999 Act; and related expressions shall be construed accordingly.”
(6) For subsection (2) (application of Part I in relation to the City and parliamentary elections) there shall be substituted—
“(2) The following provisions of this Act, namely—
(a) Part I, so far as it has effect for the purposes of parliamentary elections, and
(b) Parts I to III, so far as they have effect for the purposes of Authority elections,
shall (subject to any express provision contained in the Part or Parts in question) apply in relation to the City as if the City were a London borough and the Common Council were a London borough council.
For the purposes of this subsection the Inner Temple and the Middle Temple shall be treated as forming part of the City.”
Greater London Authority Act 1999