Statutory Instrument 2000 No. 427

      The Greater London Authority Elections (No. 2) Rules 2000


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STATUTORY INSTRUMENTS


2000 No. 427

LONDON GOVERNMENT

REPRESENTATION OF THE PEOPLE

The Greater London Authority Elections (No. 2) Rules 2000

  Made 23rd February 2000 
  Laid before Parliament 23rd February 2000 
  Coming into force 15th March 2000 


ARRANGEMENT OF RULES

1. Citation, commencement and revocation
2. Interpretation
3. Rules for Greater London Authority elections
4. Forms
5. Returning officers: duties at ordinary elections
6. Electronic counting of votes
7. Amendment of the Local Elections (Principal Areas) Rules 1986
8. Combination of polls

SCHEDULES

  1. The Constituency Members Election Rules

  2. The London Members Election Rules

  3. The Mayoral Election Rules

  4. The Ordinary Elections Rules

  5. Forms

  6. Modification of Rules where votes counted by electronic means

  7. Poll at election of councillors of London borough taken together with poll at Greater London Authority election

  8. Modifications to apply where the poll at a GLA election is taken together with the poll at another election under section 15(1) or (2) of the Representation of the People Act 1983

The Secretary of State, in exercise of the powers conferred on him by sections 36(2), (2A) and (2B) of the Representation of the People Act 1983[
1], and of all other powers enabling him in that behalf, hereby makes the following Rules:

Citation, commencement and revocation
     1.  - (1) These Rules may be cited as the Greater London Authority Elections (No. 2) Rules 2000 and shall come into force on 15th March 2000.

    (2) The Greater London Authority Election Rules 2000[
2] are hereby revoked.

Interpretation
     2.  - (1) In these Rules - 

    "the 1983 Act" means the Representation of the People Act 1983;

    "the Constituency Members Election Rules" means the Rules in Schedule 1;

    "the London Members Election Rules" means the Rules in Schedule 2;

    "the Mayoral Election Rules" means the Rules in Schedule 3;

    "the Ordinary Elections Rules" means the Rules in Schedule 4;

    "GLA election" means an election held under one or more of - 

    (a) the Constituency Members Election Rules;

    (b) the London Members Election Rules;

    (c) the Mayoral Election Rules; and

    (d) the Ordinary Elections Rules.

    (2) Other expressions used both in any of rules 3 to 8 of these Rules and in Part I (the Greater London Authority) of the 1999 Act have the same meaning in those rules as they have in that Part[4].

Rules for Greater London Authority elections
     3.  - (1) The Constituency Members Election Rules shall have effect for the purposes of the election of constituency members of the London Assembly (whether at an ordinary election or in the circumstances mentioned in section 10 (filling a vacancy in an Assembly constituency) of the 1999 Act); but where the election is an ordinary election, those Rules shall have effect subject to the Ordinary Elections Rules.

    (2) The London Members Election Rules, with the exception of Part VII, shall have effect for the purposes of the allocation of seats for London members of the London Assembly at any ordinary election; and Part VII of those Rules shall have effect for the purposes of section 11 (filling a vacancy among the London members) of the 1999 Act; but where the election is an ordinary election, those Rules shall have effect subject to the Ordinary Elections Rules.

    (3) The Mayoral Election Rules shall have effect for the purposes of - 

but where the election is an ordinary election, those Rules shall have effect subject to the Ordinary Elections Rules.

Forms
     4. Schedule 5 (forms) shall have effect for the purposes of the Constituency Members Election Rules, the London Members Election Rules and the Mayoral Election Rules (including, where the election is an ordinary election, those Rules as read with the Ordinary Elections Rules).

Returning officers: duties at ordinary elections
    
5.  - (1) At the first ordinary election it shall be the duty - 

to co-operate with each other in the discharge of their functions.

    (2) At any other ordinary election it shall be the duty of returning officers at that election[7] to co-operate with each other in the discharge of their functions.

    (3) Where, at an ordinary election, a poll is to be taken - 

    (a) for the return of the London members; or

    (b) for the return of the Mayor,

it shall be the duty of constituency returning officers to take, and verify the ballot papers at, the poll (or each poll if both are to be taken) and to count the votes cast in that poll (or each poll, if both are to be taken).

    (4) Without prejudice to paragraphs (1) and (2) - 

    (a) at the first ordinary election, the person referred to in paragraph (1)(a) may give to constituency returning officers; and

    (b) at any other ordinary election, the Greater London returning officer[8] may give to constituency returning officers,

directions relating to the discharge of their functions in respect of the verification of ballot papers and the counting of votes at that election.

    (5) It shall be the duty of each person to whom directions are given under paragraph (4) to discharge his functions at the election in accordance with the directions.

Electronic counting of votes
     6.  - (1) Where some or all of the votes cast at an ordinary election or an election under subsection (2) of section 16 (filling a vacancy in the office of Mayor) of the Act are to be counted by electronic means, the Constituency Members Election Rules, the London Members Election Rules and the Mayoral Election Rules shall have effect subject to the modifications set out in Schedule 6.

    (2) In any case to which paragraph (1) applies, rule 5 of these Rules shall have effect as if any reference to the counting of votes, in whatever terms, included a reference to counting by electronic means.

Amendment of the Local Elections (Principal Areas) Rules 1986
    
7. The 1986 Rules are amended, in paragraph 14 of Schedule 4, in the inserted paragraph (1A) of rule 37, by the insertion, after "as the case may be,", of "an election under the Greater London Authority Elections Rules 2000,".

Combination of polls
    
8.  - (1) Where the poll at an election of a councillor of the council of a London borough is taken together with the poll at a GLA election, the 1986 Rules shall have effect subject to the modifications set out in Schedule 7 to these Rules.

    (2) Subject to paragraph (3), where the poll at a GLA election is taken together with the poll at a parliamentary or European Parliamentary election, or at an election of a councillor of the council of a London borough, Schedules 1, 2 and 3 shall have effect subject to the modifications specified in the Table in Schedule 8 (in addition to the modifications specified in Schedule 4, in any case where the election is an ordinary election, and the modifications specified in Schedule 6, in any case where votes are to be counted by electronic means).

    (3) The first modification in the Table in Schedule 8 applies only where the poll at a GLA election is taken together with the poll at a parliamentary or European Parliamentary election.

    (4) Where the poll at a GLA election is combined as mentioned in paragraph (1) or (2) - 



Signed by authority of the Secretary of State for the Environment, Transport and Regions


L. Whitty
Parliamentary Under Secretary of State, Department of the Environment, Transport and the Regions

23rd February 2000



SCHEDULE 1
Rule 3(1)


THE CONSTITUENCY MEMBERS ELECTION RULES




ARRANGEMENT OF RULES


PART I

General Provisions
1. Citation
2. Interpretation

PART II

Provisions As To Time
3. Timetable
4. Computation of time

PART III

Stages Common To Contested And Uncontested Elections
5. Notice of election
6. Nomination of candidates and nomination papers
7. Consent to nomination
8. Deposits
9. Decisions as to validity of nomination papers
10. Publication of statement of persons nominated
11. Inspection of nomination papers and consent to nomination
12. Withdrawal of candidates
13. Method of election

PART IV

Contested Elections - General
14. Poll to be taken by ballot
15. The ballot papers
16. The official mark
17. Prohibition of disclosure of vote
18. Use of schools and public rooms
19. Notice of poll
20. Postal ballot papers
21. Provision of polling stations
22. Appointment of presiding officers and clerks
23. Issue of official poll cards
24. Equipment of polling stations
25. Appointment of polling and counting agents
26. Notification of requirement of secrecy
27. Admission to polling station
28. Keeping of order in station
29. Sealing of ballot boxes
30. Questions to be put to voters
31. Challenge of voter
32. Voting procedure
33. Votes marked by presiding officer
34. Voting by blind persons
35. Tendered ballot papers
36. Spoilt ballot papers
37. Adjournment of poll in case of riot
38. Procedure on close of poll
39. Attendance at counting of votes
40. The count
41. Rejected ballot papers
42. Decisions on ballot papers
43. Re-count
44. Equality of votes

PART V

Final Proceedings In Contested And Uncontested Elections
45. Declaration of result
46. Return or forfeiture of candidate's deposit

PART VI

Disposal Of Documents
47. Sealing up of ballot papers
48. Delivery and retention of documents
49. Orders for production of documents
50. Retention, public inspection and destruction of documents

PART VII

Death of Candidate
51. Countermand or abandonment of poll on death of candidate


PART I

General Provisions

Citation
    
1. These Rules may be cited as the Constituency Members Election Rules.

Interpretation
    
2.  - (1) In these Rules, unless the context indicates otherwise - 

    "the 1999 Act" means the Greater London Authority Act 1999;

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

    "constituency" means an Assembly constituency[10];

    "constituency member" means a member for a constituency;

    "CRO" (constituency returning officer), in relation to a constituency and an election means the person, or a person of the description, for the time being designated by order under section 35(2B) of the 1983 Act as the returning officer at the election of a constituency member for that constituency[11];

    "election" means an election of a constituency member of the London Assembly;

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

    "GLRO" (Greater London returning officer) - 

    (a) in relation to the first ordinary election, means the person, or a person of the description, designated by order under section 3(4) of the 1999 Act as the returning officer at the elections of the Mayor and of the London members;

    (b) in relation to any other election, means the proper officer of the Greater London Authority[12].

    (2) References in these Rules - 

    (a) to the CRO include references to any person appointed by him under subsection (4) of section 35 (returning officers: local elections in England and Wales) of the 1983 Act[13]; and

    (b) to the GLRO include references to any person appointed by him under that subsection.



PART II

Provisions As To Time

Timetable
    
3.  - (1) Subject to paragraph (2), the proceedings at the election shall be conducted in accordance with the following Timetable:

Proceeding Time
Publication of notice of election Not later than the twenty-fifth day before the day of election
Delivery of nomination papers Not later than noon on the nineteenth day before the day of election
Publication of statement as to persons nominated Not later than noon on the seventeenth day before the day of election
Delivery of notices of withdrawal of candidature Not later than noon on the sixteenth day before the day of election
Notice of poll Not later than the sixth day before the day of election
Polling Between the hours of 8 in the morning and 9 at night on the day of election.

    (2) At the first ordinary election, the time for polling shall be between the hours of 7 in the morning and 9 at night on the day of the election.

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, Maundy Thursday, Good Friday or a bank holiday, or

    (c) a day appointed for public thanksgiving or mourning,

shall be disregarded, and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll nor shall the returning officer 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[
14] in England and Wales.



PART III

Stages Common To Contested And Uncontested elections

Notice of election
    
5.  - (1) The CRO shall publish notice of the election stating - 

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

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

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

    (2) The notice of election shall state the date by which - 

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

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

must reach the electoral registration officer in order that they may be effective for the election.

Nomination of candidates and nomination papers
    
6.  - (1) Each candidate shall be nominated by a separate nomination paper, in the appropriate form, delivered at the place fixed for the purpose by the CRO, which shall be at the offices of a local authority within the constituency.

    (2) The nomination paper shall state the candidate's - 

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

    (3) The description, if any, shall not exceed six words in length, and need not refer to his rank, profession or calling so long as, with the candidate's other particulars, it is sufficient to identify him.

    (4) A nomination paper may not include a description of a candidate which is likely to lead voters to associate the candidate with a registered political party unless the description is authorised by a certificate - 

    (5) A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (4) on behalf of a registered political party's nominating officer.

    (6) In the application of this rule in relation to an election "registered political party" means a party which was registered under the Registration of Political Parties Act 1998[
15] at the time by which the notice of election is required to be published.

Consent to nomination
     7. A person shall not be validly nominated unless his consent to nomination - 

Deposits
    
8.  - (1) A person shall not be validly nominated unless the sum of £1,000 is deposited by him or on his behalf with the CRO at the place and within the time for delivery of nomination papers.

    (2) The deposit may be made either - 

but the CRO 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.

    (3) Where the deposit is made on behalf of the candidate, the person making the deposit shall at the time he makes it give his name and address to the CRO (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
    
9.  - (1) Where a nomination paper and the candidate's consent to it are delivered in accordance with this Part of these Rules, the candidate shall be deemed to stand nominated unless and until - 

    (2) The CRO is entitled to hold a nomination paper invalid only on the grounds either - 

    (3) As soon as practicable after each nomination paper has been delivered, the CRO shall examine it and decide whether the candidate has been validly nominated.

    (4) Where the CRO decides that a nomination paper is invalid, he shall endorse and sign on the paper the fact and the reasons for his decision.

    (5) The CRO shall, as soon as practicable after making such a decision as is mentioned in paragraph (4), send notice of it to the candidate at his home address as given in his nomination paper.

    (6) The CRO's decision that a nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.

    (7) Subject to paragraph (6), nothing in this rule prevents the validity of a nomination being questioned on an election petition.

Publication of statement of persons nominated
    
10.  - (1) The CRO shall prepare and publish a statement showing the persons who have been and stand nominated and any other persons who have been nominated, with the reason why they no longer stand nominated.

    (2) The statement shall show the names, addresses and descriptions of the persons nominated as given in their nomination papers.

    (3) The statement shall show the persons standing nominated 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.

    (4) In the case of a person nominated by more than one nomination paper, the CRO shall take the particulars required by the foregoing provisions of this rule from such one of the papers as the candidate (or the CRO in default of the candidate) may select.

Inspection of nomination papers and consent to nomination
    
11. During ordinary office hours on any day, other than a day specified in rule 4(1), after the latest time for delivery of nomination papers and before the date of the poll, any person may inspect and take copies of, or extracts from, nomination papers and consents to nomination.

Withdrawal of candidates
    
12.  - (1) A candidate may withdraw his candidature by notice of withdrawal - 

    (2) 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 shall 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 shall 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.

Method of election
    
13.  - (1) If the number of persons remaining validly nominated for the constituency after any withdrawals under this Part exceeds one, a poll shall be taken in accordance with Part IV of these Rules.

    (2) If, after any withdrawals under this Part, only one person remains validly nominated for the constituency, that person shall be declared to be elected in accordance with Part V.



PART IV

Contested Elections - General

Poll to be taken by ballot
    
14. The votes at the poll shall be given by ballot, the result shall be ascertained by counting the votes given to each candidate, and the candidate to whom more votes have been given than to the other candidates shall be declared to have been elected.

The ballot papers
    
15.  - (1) The ballot of every voter shall consist of a ballot paper and the persons remaining validly nominated for the constituency after any withdrawals under Part III, and no others, shall be entitled to have their names inserted in the ballot paper.

    (2) Every ballot paper shall be in the appropriate form, and shall be printed in accordance with the directions in the Forms Schedule, and - 

    (a) shall contain the names and other particulars of the candidates as shown in the statement of persons nominated;

    (b) shall be capable of being folded up;

    (c) shall have a number printed on the back;

    (d) shall have attached a counterfoil with the same number printed on it.

    (3) If a candidate who is the subject of a party's authorisation under rule 6(4) so requests, the ballot paper shall contain, against the candidate's particulars, the party's registered emblem (or, as the case may be, one of the party's registered emblems).

    (4) The request must - 

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

    (b) be received by him within the period for delivery of nomination papers set out in the Timetable in rule 3.

    (5) The order of the names in the ballot paper shall be the same as in the statement of persons nominated.

The official mark
    
16.  - (1) Every ballot paper shall be marked with an official mark, which shall perforate the ballot paper.

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

    (3) The official mark used for ballot papers issued for the purpose of voting by post shall not be used at the same election for ballot papers issued for the purpose of voting in person.

Prohibition of disclosure of vote
    
17. No person who has voted at the election shall, in any legal proceeding to question the election, be required to state for whom he has voted.

Use of schools and public rooms
    
18.  - (1) The CRO may use, free of charge, for the purpose of taking the poll or counting the votes - 

    (2) The CRO shall make good any damage done to, and defray any 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.

    (3) The use of a room in an unoccupied hereditament for that purpose or those purposes does not render a person liable to any payment by way of council tax or non-domestic rate in respect of that hereditament and any day on which it is so used.

Notice of poll
    
19.  - (1) The CRO shall publish notice of the poll stating - 

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

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

Postal ballot papers
    
20. The CRO shall as soon as practicable send to those entitled to vote by post, at the addresses shown in the absent voters list, a ballot paper and a declaration of identity in the appropriate form, or a form to the like effect, together with an envelope for their return.

Provision of polling stations
    
21.  - (1) The CRO shall provide a sufficient number of polling stations and, subject to the following provisions of this rule, shall 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 constituency shall, in the absence of special circumstances, be in the parliamentary polling place for that district, unless that place is outside the constituency.

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

Appointment of presiding officers and clerks
    
22.  - (1) The CRO shall appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary for the purposes of the election, but he shall 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 shall apply to a 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 order the arrest, exclusion or removal of any person from the polling station.

Issue of official poll cards
    
23.  - (1) The CRO shall as soon as practicable send to electors and their proxies an official poll card, but a card need not be sent to any person - 

    (2) An elector's official poll card shall 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 shall be in the appropriate form, or a form to the like effect, and shall set out - 

Equipment of polling stations
    
24.  - (1) The CRO shall provide each presiding officer with such ballot boxes and ballot papers as in the CRO's opinion may be necessary.

    (2) Every ballot box shall 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 shall provide each polling station with - 

    (4) Notices in the appropriate forms, for the guidance of voters, shall be exhibited - 

Appointment of polling and counting agents
    
25.  - (1) Subject to paragraphs (3) and (4), each candidate may, before the commencement of the poll, appoint - 

    (2) The same person may be appointed as a polling agent or counting agent by more than one candidate.

    (3) Not more than four polling agents, or such greater number as the CRO may by notice allow, shall be permitted to attend at any particular polling station and if the number of such agents appointed to attend at a particular polling station exceeds that number, the CRO shall determine by lot which agents are permitted to attend, and only the agents on whom the lot falls shall be deemed to have been duly appointed.

    (4) The CRO may limit the number of counting agents, but in doing so shall ensure that - 

    (5) For the purposes of the calculations required by paragraph (4), a counting agent who has been appointed by more than one candidate is a separate agent for each of the candidates by whom he has been appointed.

    (6) Notice in writing of the appointment, stating the names and addresses of the persons appointed, shall be given by the candidate to the CRO and shall be so given not later than the fifth day (computed like any period of time in the Timetable) before the day of the poll.

    (7) If an agent dies, or becomes incapable of acting, the candidate may appoint another agent in his place, and shall forthwith give to the CRO notice in writing of the name and address of the agent appointed.

    (8) The foregoing provisions of this rule shall be without prejudice to the requirements of section 72(1) of the 1983 Act as to the appointment of paid polling agents, and 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.

    (9) In the following provisions of this Part references to polling agents and counting agents shall be taken as references to agents - 

    (10) 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.

    (11) 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.

    (12) 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.

    (13) 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 shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Notification of requirement of secrecy
    
26. The CRO shall make such arrangements as he thinks fit to ensure that - 

Admission to polling station
     27.  - (1) The presiding officer shall regulate the number of voters to be admitted to the polling station at the same time, and shall exclude all other persons except - 

    (2) Not more than one polling agent shall be admitted at the same time to a polling station on behalf of the same candidate.

    (3) A constable or person employed by the CRO shall 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 shall 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.

    (4) Any certificate surrendered under this rule shall forthwith be cancelled.

Keeping of order in station
    
28.  - (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 - 

    (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 shall 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
    
29. Immediately before the commencement of the poll, the presiding officer shall - 

Questions to be put to voters
    
30.  - (1) The presiding officer may, and if required by a candidate or his election or polling agent shall, put to any person applying for a ballot paper at the time of his application, but not afterwards, the following questions or either of them - 

    (2) In the case of a person applying as proxy, the presiding officer may, and if required as mentioned above shall, put the following additional question - 

and if that question is not answered in the affirmative the following question - 

    (3) A ballot paper shall not be delivered to any person required to answer the above questions or any of them unless he has answered the questions or question satisfactorily.

    (4) Unless authorised by paragraph (1) or (2), no inquiry shall be permitted as to the right of any person to vote.

Challenge of voter
    
31.  - (1) If at any time a person applies for a ballot paper for the purpose of voting in person, or after he has applied for a ballot paper for that purpose and before he has left the polling station, a candidate or his election or polling agent - 

the presiding officer may order a constable to arrest the applicant, and the order of the presiding officer shall be sufficient authority for the constable so to do.

    (2) A person against whom a declaration is made under this rule shall not by reason of it be prevented from voting.

    (3) A person arrested under the provisions of this rule shall be dealt with as a person taken into custody by a constable for an offence without a warrant.

Voting procedure
    
32.  - (1) A ballot paper shall be delivered to a voter who applies for one, and immediately before delivery - 

    (2) The voter, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and shall then show to the presiding officer the back of the paper, so as to disclose the official mark, and put the ballot paper so folded up into the ballot box in the presiding officer's presence.

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

Votes marked by presiding officer
    
33.  - (1) The presiding officer, on the application of a voter - 

shall, 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.

    (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, shall be entered on a list (in these Rules called "the list of votes marked by the presiding officer").

    (3) In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name shall be the elector's number.

Voting by blind persons
    
34.  - (1) If a voter makes an application to the presiding officer to be allowed on the ground of blindness to vote with the assistance of another person by whom he is accompanied (in these Rules referred to as "the companion"), the presiding officer shall require the voter to declare orally whether he is so incapacitated by his blindness as to be unable to vote without assistance.

    (2) If the presiding officer - 

    (3) For the purposes of this rule, a person shall be qualified to assist a blind voter to vote, if that person is either - 

    (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 shall be entered on a list (in these Rules referred to as "the list of blind voters assisted by companions").

    (5) In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name shall be the elector's number.

    (6) The declaration made by the companion - 

    (7) No fee or other payment shall be charged in respect of the declaration.

Tendered ballot papers
    
35.  - (1) If a person, representing himself to be - 

applies for a ballot paper after another person has voted in person either as the elector or his proxy, the applicant shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these Rules referred to as "a tendered ballot paper") in the same manner as any other voter.

    (2) A tendered ballot paper shall - 

    (3) The name of the voter and his number on the register of electors shall be entered on a list (in these Rules referred to as the "tendered votes list").

    (4) In the case of a person voting as proxy for an elector, the number to be endorsed or entered together with the voter's name shall be the number of that elector.

Spoilt ballot papers
    
36. A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to his satisfaction the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivered (in these Rules referred to as "a spoilt ballot paper"), and the spoilt ballot paper shall be immediately cancelled.

Adjournment of poll in case of riot
    
37.  - (1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer shall adjourn the proceedings till the following day and shall forthwith inform the CRO.

    (2) Where the poll is adjourned at any polling station - 

    (3) As soon as practicable after being informed of the adjournment of a poll, the CRO shall inform the GLRO of that fact and of the cause of its adjournment.

Procedure on close of poll
    
38.  - (1) As soon as practicable after the close of the poll, the presiding officer shall, in the presence of the polling agents, make up into separate packets, sealed with his own seal and the seals of such polling agents as desire to affix their seals - 

and shall deliver the packets or cause them to be delivered to the CRO to be taken charge of by him; but if the packets are not delivered by the presiding officer personally to the CRO, the arrangements for their delivery shall require the CRO's approval.

    (2) The contents of the packets referred to in paragraph (1)(b), (c) and (e) shall not be combined with the contents of the packets made under the corresponding rule that applies at other Assembly elections, nor shall the statement under paragraph (4) be so combined.

    (3) The marked copies of the register of electors and of the list of proxies shall be in one packet but shall not be in the same packet as the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll.

    (4) The packets shall be accompanied by a statement ("the ballot paper account") showing the number of ballot papers entrusted to the presiding officer, and accounting for them under the heads - 

Attendance at counting of votes
    
39.  - (1) The CRO shall make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the close of the poll, and shall give to the counting agents notice in writing of the time and place at which he will begin to count the votes.

    (2) No person other than - 

may be present at the counting of the votes, unless permitted by the CRO to attend.

    (3) A person not entitled to attend at the counting of the votes shall not be permitted to do so by the CRO unless the CRO - 

    (4) The CRO shall give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.

    (5) In particular, where the votes are counted by sorting the ballot papers according to the candidate for whom the vote is given and then counting the number of ballot papers for each candidate, the counting agents shall be entitled to satisfy themselves that the ballot papers are correctly sorted.

The count
    
40.  - (1) Where the election is at an ordinary election, the CRO shall - 

    (2) Where the election is not at an ordinary election, the CRO shall - 

    (3) The CRO shall not count the votes given on any ballot papers until - 

    (4) A postal ballot paper is not duly returned unless it is returned in the proper envelope so as to reach the CRO before the close of the poll and is accompanied by the declaration of identity duly signed and authenticated.

    (5) The CRO shall not count any tendered ballot paper.

    (6) The CRO, while counting and recording the number of ballot papers and counting the votes, shall keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers.

    (7) The CRO shall verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and shall draw up a statement as to the result of the verification, which any election agent may copy.

    (8) The CRO shall so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he may, in so far as he and the agents agree, exclude the hours between 5 in the afternoon and 10 on the following morning; and for the purposes of this exception the agreement of a candidate or his election agent shall be as effective as the agreement of his counting agents.

    (9) During the time so excluded the CRO shall - 

Rejected ballot papers
    
41.  - (1) Any ballot paper - 

shall, subject to paragraph (2), be void and not counted.

    (2) A ballot paper on which the vote is marked - 

shall not for such reason be void if an intention that the vote shall be for one only of the candidates clearly appears, and the way the paper is marked does not itself identify the voter and it is not shown that he can be identified by it.

    (3) The CRO shall endorse the word "rejected" on any ballot paper which under this rule is not to be counted, and shall add to the endorsement the words "rejection objected to" if any objection to his decison is made by a counting agent.

    (4) The CRO shall draw up a statement showing the number of ballot papers rejected under the several heads of - 

Decisions on ballot papers
    
42. The decision of the CRO on any question arising in respect of a ballot paper shall be final, but shall be subject to review on an election petition.

Re-count
    
43.  - (1) A candidate or his election agent may, if present when the counting or any re-count of the votes is completed, require the CRO to have the votes re-counted or again re-counted but the CRO may refuse to do so if in his opinion the request is unreasonable.

    (2) No step shall be taken on the completion of the counting or any re-count of votes until the candidates and election agents present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.

Equality of votes
    
44. 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 shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.



PART V

Final Proceedings In Contested And Uncontested Elections

Declaration of result
    
45.  - (1) In a contested election, when the result of the poll has been ascertained, the CRO shall forthwith - 

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

    (b) return his name and, if he was the candidate of a party, the name of that party, to the GLRO; and

    (c) give public notice of the name of the successful candidate and of 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) In an uncontested election, the CRO shall as soon as practicable after the latest time for the delivery of notices of withdrawals of candidature - 

    (a) declare to be elected the person remaining validly nominated;

    (b) give notice to the GLRO - 

      (i) of the name of that person; and

      (ii) if he was a candidate of a party, of the name of the party;

    (c) give public notice of the name of the person declared to be elected.

    (3) The CRO shall inform the proper officer of the Authority of the result of the election.

    (4) In this rule, "candidate of a party" means a person - 

    (a) who was the subject of an authorisation under rule 6(4); and

    (b) whose particulars on the ballot paper included the party's registered emblem (if any).

Return or forfeiture of candidate's deposit
    
46.  - (1) Unless forfeited in accordance with paragraph (5), the deposit made under rule 8 shall be returned to the person making it or his personal representative.

    (2) Subject to paragraph (4), the deposit shall 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) - 

    (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 shall 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 shall be forfeited to the Greater London Authority.



PART VI

Disposal of Documents

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

    (2) The CRO shall not open the sealed packets of tendered ballot papers or of counterfoils and certificates as to employment on duty on the day of the poll, or of marked copies of the register of electors and lists of proxies.

Delivery and retention of documents
    
48.  - (1) The CRO shall then forward to the GLRO the following documents - 

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

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

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

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

    (2) The packets containing - 

    (a) the marked copies of registers and of lists of proxies, and

    (b) the tendered votes lists, the lists of blind voters assisted by companions, the lists of votes marked by the presiding officer and the related statements, and the declarations made by the companions of blind voters,

shall be retained by the CRO.

Orders for production of documents
    
49.  - (1) An order - 

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.

    (2) An order for the opening of a sealed packet of counterfoils and certificates or for the inspection of any counted ballot papers in the custody of the GLRO may be made by an election court.

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

as the court making the order think expedient; but in making and carrying into effect an order for the opening of a packet of counterfoils and certificates or for the inspection of counted ballot papers, care shall be taken that the way in which the vote of any particular elector has been given shall not be disclosed until it has been proved - 

    (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 GLRO of any document in his possession relating to any specified election - 

    (7) The production from proper custody of a ballot paper purporting to have been used at any election, and of a counterfoil marked with the same printed number and having a number marked on it in writing, shall be prima facie evidence 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 name in the register of electors the same number as the number written on the counterfoil.

    (8) Unless authorised by this rule, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the GLRO or open any sealed packets of counterfoils and certificates.

Retention, public inspection and destruction of documents
    
50.  - (1) The GLRO shall retain for six months amongst the records of the Authority all documents 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 or an election court, shall cause them to be destroyed.

    (2) Those documents, except ballot papers, counterfoils and certificates as to employment on duty on the day of the poll, shall, until destroyed, be open to public inspection at such time and in such manner as the Authority may determine.

    (3) The CRO shall keep for six months the documents retained by him in accordance with rule 48(2) and then, unless otherwise directed by an order of a county court or an election court, shall cause them to be destroyed.

    (4) Those documents shall, until destroyed, be open to public inspection at all reasonable hours.

    (5) The GLRO and the CRO shall, on request, supply copies of or extracts from such of the documents in their possession as are open to public inspection on payment of such fees and subject to such conditions as may be determined by the Authority.



PART VII

Death of Candidate

Countermand or abandonment of poll on death of candidate
    
51.  - (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) shall countermand notice of the poll or, if polling has begun, direct that the poll be abandoned;

    (b) shall 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[17] shall apply 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 the proceedings at or consequent on that poll shall be interrupted, and the presiding officer at any polling station shall take the like steps (so far as not already taken) for the delivery to the CRO of the ballot box and of 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, but - 

    (a) it shall not be necessary for any ballot paper account to be prepared or verified; and

    (b) the CRO, without taking any step or further step for the counting of the ballot papers or of the votes, shall seal up all the ballot papers, whether the votes on them have been counted or not, and it shall not be necessary to seal up counted and rejected ballot papers in separate packets.

    (4) 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, with the following modifications - 

    (a) ballot papers on which the votes were neither counted nor rejected shall be treated as counted ballot papers; and

    (b) no order shall be made for the production or inspection of any ballot papers or for the opening of a sealed packet of counterfoils 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.



SCHEDULE 2
Rule 3(2)


THE LONDON MEMBERS ELECTION RULES




ARRANGEMENT OF RULES


PART I

General Provisions
1. Citation
2. Interpretation

PART II

Provisions As To Time
3. Timetable
4. Computation of time

PART III

Stages Common To Contested And Uncontested Elections
5. Notice of election
6. Nomination of candidates and nomination papers: individual candidates
7. Nomination of parties and nomination papers: list candidates
8. Consent to nomination
9. Deposits
10. Decisions as to validity of nomination papers
11. Publication of statement of persons nominated
12. Inspection of nomination papers and consent to nomination
13. Withdrawal or death of candidate
14. Method of election

PART IV

Contested Elections - General Provisions
15. Poll to be taken by ballot
16. The ballot papers
17. The official mark
18. Prohibition of disclosure of vote
19. Use of schools and public rooms
20. Notice of poll
21. Postal ballot papers
22. Provision of polling stations
23. Appointment of presiding officers and clerks
24. Issue of official poll cards
25. Equipment of polling stations
26. Appointment of polling and counting agents
27. Notification of requirement of secrecy
28. Admission to polling station
29. Keeping of order in station
30. Sealing of ballot boxes
31. Questions to be put to voters
32. Challenge of voter
33. Voting procedure
34. Votes marked by presiding officer
35. Voting by blind persons
36. Tendered ballot papers
37. Spoilt ballot papers
38. Adjournment of poll in case of riot
39. Procedure on close of poll
40. Attendance at local count
41. The local count
42. Rejected ballot papers
43. Decision on ballot papers
44. Re-count
45. Procedure at conclusion of local count
46. Attendance at allocation of seats
47. The calculation

PART V

Final Proceedings In Contested And Uncontested Elections
48. Declaration of result
49. Return or forfeiture of candidate's deposit

PART VI

Disposal Of Documents
50. Sealing up of ballot papers
51. Delivery and retention of documents
52. Orders for production of documents
53. Public inspection and destruction of documents

PART VII

List Candidates And The Filling Of Vacancies
54. Interpretation of Part VII
55. Removal from party list on election as Mayor or constituency member
56. Notification of vacancy
57. Unwilling candidate or objection by registered party
58. Acceptance of office and further notification


PART I

General Provisions

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

Interpretation
    
2.  - (1) In these Rules, unless the context indicates otherwise - 

    "the 1999 Act" means the Greater London Authority Act 1999;

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

    "CRO" means a constituency returning officer within the meaning of Part I of the 1999 Act (see section 29 of that Act and section 35(2B) of the 1983 Act[19];

    "election" means an election for the return of the London members at an ordinary election;

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

    "GLRO" (Greater London returning officer) - 

    (a) in relation to the first ordinary election, means the person, or a person of the description, designated by order under section 3(4) of the 1999 Act as the returning officer at the election of the London members;

    (b) in relation to any other election, has the same meaning as in Part I of the 1999 Act (see section 29 of that Act and section 35(2C) of the 1983 Act[20];

    "individual candidate" means a candidate other than a list candidate;

    "list candidate" means a person included on a party list;

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

    "London vote" has the same meaning as in Part I of the 1999 Act[21];

    "party list" means a list submitted to the GLRO in accordance with paragraph 5 (party lists and individual candidates) of Part II of Schedule 2 to the 1999 Act on behalf of a party registered under the Registration of Political Parties Act 1998[22]

    "registered party", in relation to an election, means a party which was registered under the Registration of Political Parties Act 1998 at the time by which the notice of election is required to be published.

    (2) References in these Rules - 

    (a) to the GLRO include references to any person appointed by him under subsection (4) of section 35 (returning officers: local elections in England and Wales) of the 1983 Act[23]; and

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



PART II

Provisions As To Time

Timetable
    
3.  - (1) Subject to paragraph (2), the proceedings at the election shall be conducted in accordance with the following Timetable:

Proceeding Time
Publication of notice of election Not later than the twenty-fifth day before the day of election
Delivery of nomination papers Not later than noon on the nineteenth day before the day of election
Publication of statement as to persons nominated Not later than noon on the seventeenth day before the day of election
Delivery of notices of withdrawal of candidature Not later than noon on the sixteenth day before the day of election
Notice of poll Not later than the sixth day before the day of election
Polling Between the hours of 8 in the morning and 9 at night on the day of election.

    (2) At the first ordinary election, the time for polling shall be between the hours of 7 in the morning and 9 at night on the day of the election.

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, Maundy Thursday, Good Friday or a bank holiday, or

    (c) a day appointed for public thanksgiving or mourning,

shall be disregarded, and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll nor shall the returning officer 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[
24] in England and Wales.



PART III

Stages Common To Contested And Uncontested Elections

Notice of election
    
5.  - (1) The GLRO shall publish in each Assembly constituency notice of the election stating - 

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

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

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

    (2) The notice of election shall 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 electoral registration officer in order that they may be effective for the election.

Nomination of candidates and nomination papers: individual candidates
    
6.  - (1) Each individual candidate shall be nominated by a separate nomination paper which shall be in the appropriate form.

    (2) The nomination paper of an individual candidate shall state the candidate's - 

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

    (3) The description, if any, shall not exceed six words in length, and need not refer to the candidate's rank, profession or calling so long as, with his other particulars, it is sufficient to identify him.

    (4) The nomination paper of an individual candidate may not include a description of the candidate which is likely to lead voters to associate the candidate with a registered party unless the description is authorised by a certificate - 

    (5) The nomination paper of each individual candidate shall be delivered at the place fixed for the purpose by the GLRO, which - 

    (6) A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (4) on behalf of a registered party's nominating officer.

Nomination of parties and nomination papers: list candidates
    
7.  - (1) A registered party's list of candidates to be London members[25] shall be in the appropriate form and that party shall be nominated by the submission of that list to the GLRO in accordance with paragraph (8) by the party's nominating officer or a person authorised in writing by him.

    (2) Each party list shall include the name by which the party wishes to be known for the purposes of the election; and that name need not be the party's registered name but must not be such as would be likely to lead voters to associate that party with another registered party.

    (3) That name shall not comprise more than six words.

    (4) Each party list shall set out the full names and home addresses in full of each candidate included in that list.

    (5) Each party list shall include a statement that it is issued by the nominating officer of the party or by a person authorised in writing by him.

    (6) A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to make the statement required by paragraph (5) on behalf of a registered party's nominating oficer.

    (7) Each party list may be accompanied by a request made by or on behalf of the nominating officer of the party that the ballot paper shall contain against the party's name the party's registered emblem (or, as the case may be, one of the party's registered emblems).

    (8) Each party list shall be delivered at the place fixed for the purpose by the GLRO, which - 

    (a) in relation to the first ordinary election shall be at the offices of the person, or person of the description, designated by order under section 3(4) of the 1999 Act to be the returning officer at the election;

    (b) in relation to any subsequent election, shall be at the offices of the Greater London Authority.

    (9) Where a nomination paper and list of candidates are delivered in respect of the same registered party after an earlier paper and list have been so delivered, that later paper and list shall be deemed to supersede the earlier ones.

    (10) In the following provisions of these Rules, unless the context indicates otherwise - 

    (a) any reference to a nomination paper includes a reference to a party list; and

    (b) a party list shall be treated as the nomination paper of each person whose name is included in the list.

Consent to nomination
     8. A person shall not be validly nominated (whether as an individual candidate or a list candidate) unless his consent to nomination - 

Deposits
    
9.  - (1) A person shall not be validly nominated as an individual candidate at the election for the return of the London members 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.

    (2) A person shall not be validly nominated as a list candidate at such election unless, as respects the party list on which his name appears, the sum of £5,000 is deposited as mentioned in paragraph (1).

    (3) The deposit may be made either - 

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 shall 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
    
10.  - (1) Where an individual candidate's nomination paper ("individual nomination paper") and his consent to it are delivered and a deposit is made in accordance with these Rules, the candidate shall be deemed to stand nominated unless and until - 

    (2) The GLRO is entitled to hold an individual nomination paper invalid only on one of the following grounds - 

    (3) Where a party list and the consent of each candidate included in that list are delivered and a deposit is made in accordance with these Rules, that party and (subject to paragraph (5)) each candidate on its list shall be deemed to stand nominated unless and until the GLRO decides that the list is invalid.

    (4) The GLRO is entitled to hold a party list invalid only on one of the following grounds - 

    (5) Where, in respect of a candidate included in a party list - 

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

    (6) As soon as practicable after each nomination paper has been delivered, the GLRO shall examine it and decide whether the individual candidate or, as the case may be, each candidate included in a party's list has been validly nominated.

    (7) where the GLRO decides - 

    (8) The GLRO shall, as soon as practicable after making such a decision as is mentioned in paragraph (6) or (7), send notice of it - 

    (9) The GLRO's decision that a nomination paper or a party list is valid shall be final and shall not be questioned in any proceeding whatsoever.

    (10) Subject to paragraph (9), nothing in this rule prevents the validity of a nomination being questioned on an election petition.

Publication of statement of persons nominated
    
11.  - (1) The GLRO shall prepare and publish a statement showing - 

    (2) The statement shall show, in the following order - 

    (3) In the case of an individual candidate nominated by more than one nomination paper, the GLRO shall 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.

Inspection of nomination papers and consent to nomination
    
12. During ordinary office hours on any day, other than a day specified in rule 4(1), after the latest time for delivery of nomination papers and before the date of the poll, any person may inspect and take copies of, or extracts from, nomination papers and consents to nomination.

Withdrawal or death of candidate
    
13.  - (1) A candidate may withdraw his candidature by notice of withdrawal - 

    (2) 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 shall 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 shall 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.

    (3) If, before the date appointed for the poll, proof is given to the GLRO's satisfaction that one of the persons named or to be named as an individual candidate in the ballot papers, or whose name appears on a party list, has died, then the GLRO shall inform each CRO of that fact (in addition to complying with any other requirement of these Rules relevant to that event).

Method of election