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The First Secretary of State in exercise of the powers conferred upon him by section 17A of the Greater London Authority Act 1999[1], and having consulted the Electoral Commission[2] and the Mayor and the London Assembly and such other persons and bodies as he has determined to be appropriate[3], hereby makes the following Order, a draft of which was laid before, and approved by a resolution of, each House of Parliament[4]: Citation and commencement 1. This Order may be cited as the Greater London Authority Elections (Election Addresses) Order 2003 and shall come into force on the day after it is made. Interpretation 2. In this Order -
(ii) includes a person then shown in any such 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;
Mayoral candidate's right to delivery of an election address
(b) any material referring to any other candidate or to a candidate for election to the Assembly; or (c) any material appearing to the GLRO -
(ii) to be indecent, obscene or offensive; or (iii) to be such that its publication or distribution would be likely to amount to the commission of an offence.
(3) An election address may include a representation of the registered emblem[9], or (as the case may be) one of the registered emblems, of a registered political party, if the address is prepared on behalf of an authorised party candidate.
(b) received by the GLRO before the last time for the delivery of nomination papers for the election.
(5) An election address must -
(b) give the name and address of the election agent.
Form of election addresses
(b) if the total number of candidates from whom election addresses have been accepted by the GLRO by the last time for the delivery of nomination papers for the election exceeds 15, the version to be included in the election booklet shall be the second version.
(3) An election address must -
(b) comply with such other requirements as he may specify with a view to facilitating its reproduction as a page or pages of the election booklet.
(4) An election address must, when submitted to the GLRO for inclusion in the election booklet, be accompanied -
(b) in any case, by such copies of anything contained in the address as the GLRO may reasonably require in connection with the reproduction of the address.
The election booklet
(b) have submitted -
(ii) any additional material required under article 6(4) above,
to the GLRO by such date as he may determine.
(2) If -
(b) a candidate fails to make the payment required by article 10 below in respect of an election address,
the GLRO shall decline to include the address in the election booklet.
(b) listing all the candidates for the office of Mayor (whether or not their election addresses are included in the booklet), in the order they are to appear on the ballot paper[10]; (c) listing all the candidates at the ordinary election for the return of London members by -
(ii) the names of individual candidates;
in the order they are to appear on the ballot paper[11];
(3) The GLRO shall include in a listing of candidates under paragraphs (2)(b) to (d) any description of the candidate as stated on his nomination paper.
(b) give the name and address of the GLRO and those of the printer of the booklet.
(6) Subject to paragraphs (1) to (5) above, the form of the election booklet shall be determined by the GLRO.
(b) proceed with the printing and distribution of the election booklet without further reference to the candidate or his election agent (and without incurring any liability for any errors in the candidate's address).
(9) No person other than -
(b) the candidate's election agent,
shall incur any civil or criminal liability in respect of the publication of that address in the election booklet or its dissemination in accordance with article 9 below.
(b) any other holder of a licence under Part II of the Postal Services Act 2000 which permits the holder of the licence to convey such booklets from one place to another[13]; (c) any means of conveyance and delivery for which a licence is not required, pursuant to section 7 of the Postal Services Act 2000.
(3) The GLRO may in addition disseminate the contents of the election booklet by -
(b) making copies of the booklet available to anyone who makes a request to the GLRO for such copies; (c) making the contents available, so far as practicable, in large print, in Braille, and on audio tape, to anyone who makes a request to the GLRO for a copy of the contents in such a format; (d) making copies of the booklet available at -
(ii) the offices of London borough councils and the Common Council of the City of London; (iii) public libraries.
Contributions by candidates towards cost of printing
(b) send to each of those candidates a payment in respect of his share.
Contributions to printing cost as candidates' election expenses (This note is not part of the Order) This Order makes provision for the free delivery of election addresses of Mayoral candidates. The provision is solely for an ordinary election of the Greater London Authority, where an election for the return of the Mayor is held with elections for London members and constituency members to the London Assembly. Article 5 provides conditions as to the content of the election addresses and article 6 as to the form. Under article 5(1) and (2), the content must relate to the election only and specifically excludes material which is for advertising, refers to any other candidate at the ordinary election or is material that, in the Greater London returning officer's view, is included with a view to commercial gain, is indecent, obscene or offensive, or which, if published, would be likely to amount to the commission of a criminal offence. Under article 7 the addresses are prepared in a booklet by the Greater London returning officer ("GLRO") but an address shall not be included if the requirements in articles 5, 6 and 10 as to form, content and financial contribution to the printing cost are not met. Article 8 provides for the form of the booklet. The order of election addresses is determined by lot drawn by the GLRO. The booklet must also contain an explanation from the GLRO as to the nature and purpose of the booklet and lists of candidates for election as Mayor and to the Assembly. Article 9 provides for the delivery of the election booklets at the expense of the Authority. The booklets are to be delivered using a universal service provider, or person licensed under Part II of the Postal Services Act 2000 or by any means for which a licence is not needed due to the exceptions in section 7 of that Act. Article 10 makes a contribution of £10,000 towards the cost of printing the booklets a condition for inclusion of an election address on behalf of a candidate. There is provision for reimbursement of any surplus if the average printing cost for each candidate whose address is included is less than £10,000. Article 11 ensures the contribution in article 10 counts as an election expense of a candidate under the Political Parties, Elections and Referendums Act 2000, but does not make any expenditure by the GLRO under this Order count as third party election expense for the candidate. Notes: [1] 1999 c.29. Section 17A and Schedule 3A to the Act were inserted by s.14 of and Schedule 5 to the Representation of the People Act 2000 (c.2). Subsection (3) was further amended by the Postal Services Act 2000 (Consequential Modifications to Local Enactments No. 1) Order 2001 (S.I. 2001/648) article 4(1) and Schedule 1, paragraph 14.back [2] See s.7(1) of the Political Parties, Elections and Referendums Act 2000 (c.41) for the requirement to consult the Electoral Commission before making an order under s.17A(3) of the Greater London Authority Act 1999.back [3] The Mayor, London Assembly and such other persons and bodies as the Secretary of State may determine to be appropriate, are to be consulted under s.17A(6) of the Greater London Authority Act 1999 before making an order under s.17A(3) of that Act.back [4] Section 420(3)(za) of the Greater London Authority Act 1999 was inserted by s.14(3) of the Representation of the People Act 2000 (2000 c.2).back [7] See rule 3(1) in Schedule 3 to the Greater London Authority Elections (No. 2) Rules 2000 (S.I. 2000/427) as amended by S.I. 2000/1040 and S.I. 2001/3789 ("GLA Election Rules"). Publication of notice of election is to be not later than the twenty-fifth day before the day of election.back [10] See the Mayoral Election Rules in Schedule 3 to the Greater London Authority Elections (No. 2) Rules 2000 (S.I. 2000/427), as amended by S.I. 2000/1040 and S.I. 2001/3789 ("GLA Elections Rules"), rule 16(6).back [11] See the London Members Election Rules in Schedule 2 to the GLA Elections Rules, rule 16(7).back [12] See the Constituency Members Election Rules in Schedule 1 to the GLA Elections Rules, rules 10(3) and 15(5).back [13] See s.11 of the Postal Services Act 2000 (c.26) on the granting of a licence. A person conveying a letter from one place to another commits an offence under s.6 unless the person holds a licence or the conveyance is excepted by section 7 of the Act from the requirements of section 6(1).back
ISBN 0 11 047018 4
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