Office of Public Sector Information
SCHEDULE 7 continued PART 4 continued
(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—
(a) must be in the appropriate form, and
(b) must be made before the presiding officer at the time when the voter applies to vote with the assistance of a companion, and
(c) must forthwith be given to the presiding officer who must attest and retain it.
(7) No fee or other payment may be charged in respect of the declaration.
(8) The same list of voters with disabilities assisted by companions may be used for each relevant election and referendum, and where it is so used, an entry in that list must be taken to mean that the votes were so given in respect of each election and referendum, unless the list identifies the election or referendum for which the vote was so given.
41.—(1) If a person, representing himself to be—
(a) a particular elector named in the register and not named in the absent voters list, or
(b) a particular person named in the list of proxies as proxy for an elector and not entitled to vote by post as proxy,
applies for a ballot paper after another person has voted in person either as the elector or his proxy, the applicant must, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule and rule 42, to mark a ballot paper (in these Rules referred to as “a tendered ballot paper”) in the same manner as any other voter.
(2) Paragraph (4) applies if—
(a) a person applies for a ballot paper representing himself to be a particular elector named in the register,
(b) he is also named in the postal voters list, and
(c) he claims that he did not make an application to vote by post at the election.
(3) Paragraph (4) also applies if—
(a) a person applies for a ballot paper representing himself to be a particular person named as a proxy in the list of proxies,
(b) he is also named in the proxy postal voters list, and
(c) he claims that he did not make an application to vote by post as proxy.
(4) The person must, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule and rule 42, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter.
(5) Paragraph (6) applies if before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents himself to be—
(a) a particular elector named in the register who is also named in the postal voters list, or
(b) a particular person named as a proxy in the list of proxies and who is also named in the proxy postal voters list,
and claims that he has lost or has not received his postal ballot paper.
(6) The person must, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of this rule and rule 42, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter.
42.—(1) A tendered ballot paper must—
(a) be of a colour differing from the other ballot papers,
(b) instead of being put into the ballot box, be given to the presiding officer and endorsed by him with the name of the voter and his number on the register of electors, and set aside in a separate packet.
(2) The name of the voter and his number on the register of electors must be entered on a list (in these Rules referred to as the “tendered votes list”).
(3) 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 must be the number of that elector.
(4) In the case of an elector who has an anonymous entry, this rule and rule 41 apply subject to the following modifications—
(a) in paragraphs (1)(b) and (2) above, the references to the name of the voter must be ignored,
(b) otherwise, a reference to a person named on a register or list must be construed as a reference to a person whose number appears in the register or list (as the case may be).
(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, this rule and rule 41 apply as if—
(a) in rule 41(1)(a), (2)(a) and (5)(a), for “named in the register” there were substituted “in respect of whom a notice under section 13B(3B) or (3D) of the 1983 Act has been issued”,
(b) in paragraph (1)(b) of this rule, for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13B(3B) or (3D) of the 1983 Act”,
(c) in paragraph (2) of this rule, for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13B(3B) or (3D) of the 1983 Act”.
(6) 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 tendered ballot papers were marked in respect of each election or referendum, unless the list identifies the election for which a tendered ballot paper was delivered.
43.—(1) 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 a replacement for the ballot paper so delivered (in these Rules referred to as “a spoilt ballot paper”), and the spoilt ballot paper must be immediately cancelled.
(2) If a voter decides, after he has returned his ballot paper and it has been cancelled in accordance with rule 38(6), but before the close of the poll, that he wishes to vote in the election, he may obtain a replacement for the returned ballot paper.
(3) Before a replacement ballot paper is obtained, the presiding officer must mark the corresponding number list that was marked under rule 38(1) (the corresponding number list)—
(a) in the case of a ballot paper being replaced under paragraph (1) or (2), beside the number of the replacement ballot paper obtained to show—
(i) the number of the elector, and
(ii) the number of the ballot paper which is being replaced; and
(b) in the case of a ballot paper being replaced under paragraph (1), beside the number of the spoilt ballot paper to show that the ballot paper was replaced.
(4) Where the election is taken with a relevant election or referendum the voter must only receive a replacement for a spoilt or returned ballot paper.
(5) If the same corresponding number list is used for more than one Authority election in accordance with rule 38(8)—
(a) the marks made under paragraph (3) must identify the election for which a ballot paper has been replaced, and
(b) any ballot paper which the voter has not applied for or obtained as a replacement, but which bears the same ballot paper number as a ballot paper delivered under rule 38(1), or obtained under paragraph (1) or (2) of this rule—
(i) must not be delivered to the voter,
(ii) must be cancelled, and
(iii) for the purposes of these rules, must be treated as a spoilt ballot paper.
44.—(1) The presiding officer must keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of the 1983 Act which takes effect on the day of the poll.
(2) 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 ballot papers were delivered in respect of each election or referendum, unless the list identifies the election or referendum at which a tendered ballot paper was marked.
45.—(1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer must adjourn the proceedings till the following day and must forthwith give notice to the CRO.
(2) Where the poll is adjourned at any polling station—
(a) the hours of polling on the day to which it is adjourned must be the same as for the original day, and
(b) references in these Rules to the close of the poll must be construed accordingly.
(3) As soon as practicable after the CRO has received notice of the adjournment of a poll he must inform the GLRO of that fact and of the cause of its adjournment.
(4) If the CRO does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations, then references in this rule to the CRO must be read as references to the returning officer who discharges those functions.
46.—(1) As soon as practicable after the close of the poll, the presiding officer must, in the presence of the polling agents appointed for the purposes of the election and each relevant election or referendum, make up into separate packets, sealed with his own seal and the seals of such polling agents as desire to affix their seals—
(a) each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with the key attached,
(b) the unused and spoilt ballot papers placed together,
(c) the tendered ballot papers,
(d) the marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the list of proxies,
(e) the list prepared under rule 18, including the part completed in accordance with rule 38(1)(b) (together referred to in these Rules as “the completed corresponding number list”),
(f) the certificates as to employment on duty on the day of the poll,
(g) the tendered votes list, the list of voters with disabilities assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters whose votes are so marked by the presiding officer under the heads “disability” and “unable to read”, the list maintained under rule 44, and the declarations made by the companions of voters with disabilities,
and must 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 must be approved by the CRO.
(2) The contents of the packets referred to in paragraph (1)(b), (c) and (f) must not be combined with the contents of the packets made under the corresponding rule that applies at any other relevant election or referendum except for an Authority election.
(3) The marked copies of the register of electors and of the list of proxies must be in one packet but must not be in the same packet as the completed corresponding number list or the certificates as to employment on duty on the day of the poll.
(4) The packets must 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—
(a) ballot papers issued and not otherwise accounted for,
(b) unused ballot papers,
(c) spoilt ballot papers, and
(d) tendered ballot papers.
(5) At an ordinary election, the statement referred to in paragraph (4) may be combined with the statements produced in relation to any other Authority elections, but not with those for a relevant election or referendum, and the combined statement must be arranged in such manner as the GLRO may direct.
(6) Where the CRO does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations, references in paragraph (1) to the CRO must be taken as references to the returning officer who discharges those functions.
47.—(1) Where the CRO discharges the functions specified in regulation 5 of the Combination of Polls Regulations, he must—
(a) make arrangements for —
(i) carrying out the functions in rule 49(1) (separating ballot papers and verifying ballot paper accounts) at the election in the presence of the counting agents appointed for the purposes of the election and each relevant election and referendum as soon as practicable after the close of the poll, and
(ii) for counting the votes in the presence of the counting agents appointed for the purposes of the election,
(b) give to the counting agents appointed for the purposes of the election and each relevant election and referendum, notice in writing of the time and place at which he will begin carrying out the functions in rule 49(1).
(2) Where the CRO does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations he must make arrangements for counting the votes in the presence of the counting agents appointed for the purposes of the election as soon as practicable after the delivery of the ballot papers to him by the returning officer who does discharge those functions; and the CRO must give to the counting agents for the election notice in writing of the time and place at which he will begin to count the votes.
(3) No person other than a person entitled to be present at the counting of the votes at the election and at each relevant election or referendum may be present at the proceedings under rule 49(1) (separating ballot papers and verifying ballot paper accounts) unless permitted by the CRO to attend.
(4) No person other than—
(a) the CRO and his clerks and technical assistants,
(b) the GLRO,
(c) the candidates and one other person chosen by each of them,
(d) the election agents,
(e) the counting agents,
(f) persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act,
may be present at the counting of the votes in accordance with rule 49(2) to (14), unless permitted by the CRO to attend
(5) A person not entitled to attend at the separation and verification or the counting of the votes must not be permitted to do so by the CRO unless the CRO—
(a) is satisfied that the efficient separation and verification of the ballot paper accounts or, as the case may be, the efficient counting of the votes will not be impeded, and
(b) has either consulted the candidates or thought it impracticable to do so.
(6) The CRO must 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.
48.—(1) The GLRO may provide the CRO with an electronic counting system consisting of computer hardware, software and other equipment or services, for the purpose of counting the number of ballot papers, to verify the ballot paper accounts and to count the votes cast on them.
(2) Any verification of ballot paper accounts, count or re-count at the election conducted using the electronic counting system must be conducted in accordance with rule 49.
(3) If the GLRO has provided the CRO with an electronic counting system for use at the election, the CRO must obtain the prior written consent of the GLRO before he may conduct the verification of ballot paper accounts or count the votes manually.
(4) If the verification of ballot paper accounts, count or re-count has commenced using the electronic counting system but has not been completed, the CRO may, if he considers it appropriate, discontinue the count and instead count the votes manually.
(5) Where the count or a re-count has been conducted using the electronic counting system, the CRO may, if he considers it appropriate, conduct any re-count without using that system.
(6) Where verification or any count or re-count is conducted using the electronic counting system, any of the steps referred to rule 49, in so far as practicable, may be undertaken—
(a) concurrently with any other of those steps, or
(b) in a different order.
49.—(1) Where the CRO discharges the functions specified in regulation 5 of the Combination of Polls Regulations, he must—
(a) in the presence of the counting agents appointed for the purposes of the election and each relevant election or referendum, open each ballot box from each polling station together, and record separately the number of ballot papers used in the election and each relevant election or referendum with which is it is taken,
(b) in the presence of the counting agents appointed for the purposes of the election and each relevant election or referendum, verify each ballot paper account at the election and for each relevant election or referendum,
(c) count such of the postal ballot papers as have been duly returned and record separately the number counted at the election and each relevant election or referendum,
(d) where the same ballot boxes have been used for the election and each relevant election or referendum, separate the ballot papers for all of the Authority elections from those for any other relevant election or referendum.
(e) make up into packets the ballot papers for each relevant election or referendum (not including those for any Authority election) and seal them up in separate containers endorsing on each a description of the area to which the ballot papers relate,
(f) deliver or cause to be delivered to the returning officer for the relevant election or referendum to which the ballot papers relate—
(i) those containers, together with a list of them and of the contents of each, and
(ii) the ballot paper accounts together with a copy of the statement as to the result of their verification in respect of that relevant election or referendum, and
(g) at the same time deliver to that officer the packets that so relate containing–
(i) the unused and spoilt ballot papers,
(ii) the tendered ballot papers, and
(iii) the completed corresponding number lists of the used ballot papers and the certificates as to employment on duty on the day of the poll.
(2) Where the CRO does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations, and the votes on the ballot papers are not to be counted concurrently with the votes on the ballot papers at a relevant election or referendum, he must—
(a) on receipt of the containers of ballot papers from the returning officer who does discharge those functions, and after the time specified in the notice given by him in writing to the counting agents under rule 47(2), open each container in the presence of the counting agents;
(b) where the proceedings on the issue and receipt of postal ballot papers at the election are not taken together with those proceedings at a relevant election or referendum under regulation 65 of the Representation of the People (England and Wales) Regulations 2001(102), or under that regulation as applied by regulations made under sections 44 and 105, or 45 and 105, of the Local Government Act 2000(103), count such of the postal ballot papers as have been duly returned and record the number counted,
and paragraph (10) below does not apply to these proceedings.
(3) Where separate ballot boxes are used for the ballots at the election and each relevant election and referendum, no vote for any candidate shall be rendered invalid by the ballot paper being placed in the ballot box used at any relevant election or referendum.
(4) Where the same ballot boxes are used for the election and other Authority elections, but not for other relevant elections or referendums—
(a) the CRO must not mix the ballot papers for Authority elections from any ballot box or container with the contents of any other ballot box or container (including a postal ballot box) during the conduct of verification (where this occurs under paragraph (1)), the count or any re-count;
(b) the ballot boxes from each polling station for the Authority elections shall be opened together and the ballot papers counted (but not necessarily the votes on them) and verified together.
(5) A postal ballot paper must not be taken to be duly returned unless—
(a) it is returned in the manner set out in paragraph (6) and reaches the CRO or any polling station in the appropriate area (as defined in paragraph (7)) before the close of the, before the close of the poll,
(b) the postal voting statement, duly signed, is also returned in the manner set out in paragraph (6) and reaches him or such polling station before that time,
(c) the postal voting statement also states the date of birth of the elector or proxy (as the case may be), and
(d) in a case where the steps for verifying the date of birth and signature of an elector or proxy have been prescribed by regulations made under the 1983 Act(104), the CRO (having taken such steps) verifies the date of birth and signature of the elector or proxy (as the case may be).
(6) The manner in which any postal paper or postal voting statement may be returned—
(a) to the CRO, is by hand or by post,
(b) to a polling station in the appropriate area, is by hand.
(7) For the purposes of paragraphs (5) and (6), “polling station in the appropriate area” means a polling station—
(a) in the area which is common to the Assembly constituency, and parliamentary constituency, local counting area, electoral area or voting area, as the case may be, in which the polls at the Authority election and a relevant election or referendum are being taken together, and
(b) in respect of which polls the voter has been issued with a postal ballot paper.
(8) After completing the proceedings in paragraph (1) or (2), the CRO must cause the electronic counting system to process the ballot papers for the election so as to count—
(a) the number of ballot papers, and
(b) votes given on the ballot papers.
(9) The CRO must not cause the electronic counting system to count any tendered ballot paper.
(10) Subject to paragraph (11), the CRO must 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 must draw up a statement as to the result of the verification, which any election agent may copy.
(11) The CRO may verify each ballot paper account for the election by comparing it with the number of ballot papers processed by the electronic counting system, 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).
(12) The CRO, while verifying the ballot paper accounts and counting the votes, must take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers.
(13) The CRO must so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that the hours between 5 in the afternoon and 10 on the following morning may be excluded with the prior consent of the GLRO.
(14) During the time so excluded the CRO must—
(a) place the ballot papers and other documents relating to the election under his own seal and the seals of such of the counting agents as desire to affix their seals, and
(b) otherwise take proper precautions for the security of the papers and documents.
50.—(1) Any ballot paper—
(a) which does not bear the official mark,
(b) on which anything is written or marked by which the voter can be identified except the printed number and other unique identifying mark on the back,
(c) which is unmarked,
(d) which is void for uncertainty,
is, subject to paragraph (2), void and must not be counted.
(2) A ballot paper on which a vote is marked—
(a) elsewhere than in the proper place, or
(b) otherwise than by means of a cross, or
(c) by more than one mark,
must not for such reason be void if—
(i) at an election at which more than two candidates remain validly nominated, an intention that a first preference vote be given for not more than one of the candidates clearly appears,
(ii) at any other election, an intention that a vote is for one only of the candidates clearly appears.
(3) A ballot paper which—
(a) is not void, and
(b) on which an intention that a second preference vote be given for not more than one of the candidates clearly appears,
will be valid as respects that second preference vote and must be counted accordingly.
(4) Where the electronic counting system identifies a ballot paper that has been marked, but which appears—
(a) to be void, or
(b) to contain a first preference vote that can be counted, and another mark that cannot be counted as a second preference vote,
then that ballot paper must be examined by a clerk appointed by the CRO in the manner referred to in paragraph (7).
(5) If the clerk, having examined the ballot paper, considers that—
(a) it is void, or
(b) that it is marked with a first preference vote that can be counted, but that it is not marked with a second preference vote that can be counted,
then the CRO must examine it in the manner referred to in paragraph (7).
(6) After the CRO examines the ballot paper, he must give his decision as to whether or not—
(a) it is void, or
(b) it is marked with a second preference vote that can be counted.
(7) An examination under paragraph (4) or (5) is to be made by the clerk or CRO examining an image of the ballot paper which is shown on a screen so as to be visible to those attending the count.
(8) The CRO may examine any ballot paper that he is not required to examine in accordance with paragraphs (5)—
(a) either in the manner referred to in paragraph (7), or
(b) by examining a paper copy,
and where the CRO does so, he must give a decision on that paper in accordance with paragraph (6),
(9) No person attending the count is to be entitled to require the clerk or CRO to examine a ballot paper or to provide a paper copy for inspection.
(10) A record of the CRO’s decision under paragraph (6) must be retained in the electronic counting system together, in the case of a decision that the ballot is void, with his reasons by reference to paragraph (1).
(11) If a counting agent objects to the CRO’s decision that the ballot paper—
(a) is void, or
(b) is marked with a second preference vote that cannot be counted,
the CRO must record on the electronic counting system that the decision was objected to.
(12) A record must be retained in the electronic counting system of the number of ballot papers which are not void, but on which a second preference vote has not been counted because—
(a) a vote has not been marked,
(b) a vote has been given for more than one candidate, or
(c) there is uncertainty as to for whom a vote was given.
(13) The CRO must draw up a statement showing the number of rejected ballot papers under the several heads of—
(a) want of an official mark,
(b) voting for more than one candidate as to first preference vote,
(c) writing or mark by which the voter could be identified,
(d) unmarked as to the first preference vote, and
(e) void for uncertainty.
(14) As soon as practicable after the completion of the statement under paragraph (13) the CRO must inform—
(a) such candidates, election agents and counting agents as are present at the count, and
(b) the GLRO,
of its contents.
(15) The CRO must also include in the statement drawn up under paragraph (13), the numbers of second preference votes for which a record has been retained, set out under the several heads in subparagraphs (12)(a) to (c).
51. The decision of the CRO on any question arising in respect of a ballot paper is final, but may be subject to review on an election petition.
52.—(1) A candidate or his election agent or a counting agent authorised under rule 30(3) 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 may be taken on the completion of the counting or any re-count of votes, until the candidates and election agents and counting agents authorised under rule 30(1) present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.
(3) The CRO may determine the extent to which any re-count involves the electronic counting of votes.
(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(6).
53.—(1) As soon as practicable after the conclusion of the local count (including any re-count), the CRO must draw up a statement showing—
(a) the total number of ballot papers used,
(b) the total number of rejected ballot papers,
(c) at an election contested by more than two candidates—
(i) the total number of first preference votes given,
(ii) the number of first preference votes given for each candidate, and
(iii) the total number of second preference votes given for each candidate correlated with the way the first preference votes have been cast.
(d) at an election contested by only two candidates, the number of votes given for each candidate.
(2) As soon as practicable after the statement is drawn up under paragraph (1), the CRO must inform the GLRO of its contents, and if it is practicable to do so, must also provide that information so as to show the total number of votes under each of those heads in each ward.
(3) As soon as practicable after the GLRO has authorised him to do so, the CRO must—
(a) inform such of the candidates and their election agents as are then present of the contents of the statements prepared in accordance with rule 50 and paragraph (1) of this rule, and
(b) give public notice of the contents of those statements.
54.—(1) The GLRO must make arrangements for making the calculations made under rules 55 and 56 in the presence of the election agents and he must give to those agents notice in writing of the time and place at which he will begin the calculation.
(2) No person other than—
(a) the GLRO and his clerks,
(b) the CROs and a clerk or technical assistant chosen by each of them,
(c) the candidates and one person chosen by each of them,
(d) the election agents,
(e) persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act,
(f) at an ordinary election, the persons permitted to be present at the central calculation at the election of the Mayor of London,
may be present at a calculation, unless permitted by the GLRO to attend.
(3) A person not entitled to attend a calculation must not be permitted to do so by the GLRO unless he—
(a) is satisfied that the efficiency of the calculation will not be impeded, and
(b) has either consulted the election agents or thought it impracticable to do so.
55.—(1) As soon as the GLRO has received the information required by rule 53 from every CRO he must—
(a) in relation to an election contested by more than two candidates, ascertain the total of the first preference votes given in the Assembly constituencies to each candidate, and
(b) in relation to an election contested by only two candidates, ascertain the total number of votes given in the Assembly constituencies to each candidate.
(2) As soon as the GLRO has ascertained the result of the calculation, he must inform such of the election agents as are then present of the relevant figures and must give them a reasonable opportunity to satisfy themselves as to the accuracy of the calculation.
(3) In paragraph (2), “the relevant figures” means—
(a) in the case of an election contested by more than two candidates, the number of first preference votes given in each of the Assembly constituencies for each candidate and the calculation undertaken by the GLRO for the purposes of ascertaining whether a candidate is to be returned in accordance with paragraph 3 of Schedule 2 to the 1999 Act (candidate with overall majority of first preference votes),
(b) in the case of an election contested by only two candidates, the number of votes given in each Assembly constituency for each candidate and the total number of votes given for each candidate.
(4) Where an election is contested by more than two candidates—
(a) if paragraph 3 of Schedule 2 to the 1999 Act applies (candidate with overall majority of first preference votes) the declaration of the person to be returned as the Mayor must be made in accordance with rule 58, or
(b) if paragraph 4(1) of that Schedule applies (no candidate with overall majority of first preference votes), the GLRO must proceed with the second calculation in accordance with Part 5.
(5) Where an election is contested by only two candidates and the total number of votes given for each of them is unequal the person to be returned as the Mayor is the candidate to whom the majority of the votes is given.
(6) Where an election is contested by only two candidates and the total number of votes given for each of them is equal, the person to be returned as the Mayor is the person whom the GLRO decides, in accordance with paragraph 4(8) of Schedule 2 to the 1999 Act, is to be returned as the Mayor.
(7) In a case to which paragraph (5) or (6) applies, the declaration of the person to be returned as the Mayor must be made in accordance with rule 58.
S.I. 2001/341. Back [102]
c. 22. Sections 44 and 45 were amended by the Political Parties, Elections and Referendums Act 2000 (c. 41) and section 105 was amended by section 105 of the Local Government Act 2003 (c. 26). Back [103]
See regulation 85 and 85A of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341), which were inserted by S.I. 2006/2910. Back [104]
The Greater London Authority Elections Rules 2007