Greater London Authority Act 1999 (c. 29)

(The document as of February, 2008)

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28 (1) Section 93 shall be amended as follows.

(2) In subsection (1), after "local government election" there shall be inserted ", other than an Authority election,".

Schools and rooms for election meetings

29 (1) Section 96 shall be amended as follows.

(2) In subsection (1) (which entitles a candidate to the use of certain premises for holding public meetings in furtherance of his candidature) for "in furtherance of his candidature" there shall be substituted " to promote or procure the giving of votes at that election--

(i) for himself, or

(ii) if he is a candidate included in a list of candidates submitted by a registered political party at an election of the London members of the London Assembly at an ordinary election, towards the return of candidates on that list, " .

Bribery

30 (1) Section 113 shall be amended as follows.

(2) In subsection (2) (conduct which constitutes bribery) at the end of paragraph (ii) there shall be added " ; and

(iii) references to procuring the return of any person at an election include, in the case of an election of the London members of the London Assembly at an ordinary election, references to procuring the return of candidates on a list of candidates submitted by a registered political party for the purposes of that election " .

Election court for local election and place of trial

31 (1) Section 130 shall be amended as follows.

(2) At the beginning of subsection (2)(b)(ii) (which provides that a person is not qualified to constitute an election court for the trial of a petition relating to a local government area in which he practises) there shall be inserted "except in the case of an Authority election,".

Consequences of election etc of London members being declared void.

32 (1) In section 135 (consequences of local election declared void) after subsection (1) (which provides for a new election in certain cases) there shall be inserted--

" (1A) Subsection (1) above shall not apply in the case of an election of the London members of the London Assembly at an ordinary election (for which separate provision is made by section 135A below). "

(2) After section 135 there shall be inserted--

" 135A Consequences of election or return of London members being declared void

(1) This section applies where the election court has made a determination under section 145 below at the conclusion of the trial of a petition questioning the election of the London members of the London Assembly at an ordinary election.

(2) Where, pursuant to section 145(6) below, the proper officer of the Greater London Authority receives the copy of the certificate of the election court's determination in relation to the election which was questioned, he shall send notice of the determination to the Greater London returning officer.

(3) If the election is not declared void but--

(a) the return of a candidate at the election is declared void, and

(b) no other person has been declared returned in his place,

the vacancy shall be filled (or, as the case may be, remain unfilled) as if it were a casual vacancy (see section 11 of the Greater London Authority Act 1999).

(4) If the election is declared void, a new election shall be held in the same manner as at an ordinary election.

(5) The date of the poll at the new election shall be fixed by the Greater London returning officer.

(6) The date fixed shall be no later than three months after the receipt by the Greater London returning officer of the notice under subsection (2) above.

(7) A new election shall not be held if the latest date which may be fixed for the poll falls within the period of three months preceding an ordinary election.

(8) If the determination of the election court is that the election is void, the Greater London returning officer shall inform the returning officer for each Assembly constituency of--

(a) the contents of the notice under subsection (2) above; and

(b) the date fixed for the poll at the new election.

(9) The results of the elections of the constituency members of the London Assembly at the last ordinary election shall have effect for the purposes of ascertaining the results of the new election. "

Conclusion of trial of local election petition

33 (1) Section 145 shall be amended as follows.

(2) After subsection (1) (which specifies the questions to be determined by the election court) there shall be inserted--

" (1A) In the application of subsection (1) above in relation to an election of the London members of the London Assembly at an ordinary election, for the words from "shall determine" to "void," there shall be substituted " shall determine whether--

(a) the person or persons whose return is complained of were duly returned,

(b) some other person or persons should have been declared to be returned, or

Election court determination in respect of election of Mayor or constituency member

34 After section 145 there shall be inserted--

" 145A Determination in respect of election of Mayor of London or constituency member of London Assembly

(1) This section applies where the election court makes a determination under section 145 above in respect of--

(a) the election of the Mayor of London, or

(b) the election of a constituency member of the London Assembly,

and the conditions in subsections (2) and (3) below are satisfied.

(2) The first condition is that the determination of the election court is--

(a) that the person whose election is complained of was not duly elected; or

(b) that the election was void.

(3) The second condition is that the return of that person at that election was taken into account for the purpose of deciding which persons were to be returned as London members of the London Assembly.

(4) Where this section applies, the validity of the return of the London members of the London Assembly shall not be affected by--

(a) the determination of the election court; or

(b) in a case falling within subsection (1)(b) above, the subsequent return of a person as the constituency member for the Assembly constituency concerned. "

Candidate reported guilty of corrupt or illegal practice

35 (1) Section 159 shall be amended as follows.

(2) In subsection (3) (reported candidate to be incapable of holding corporate office in the local government area concerned etc) in the definition of "corporate office" after "in England and Wales means the office of" there shall be inserted "Mayor of London or member of the London Assembly, of".

Avoidance of election for employing corrupt agent

36 (1) Section 165 shall be amended as follows.

(2) After subsection (3) (vote given for person incapable of being elected by reason of employing corrupt agent not to be deemed to be thrown away unless given for same person at a poll consequent on the decision of an election court) there shall be added--

" (4) In the case of an election of the Mayor of London, a vote deemed in accordance with subsection (3) above to be thrown away shall be so deemed only to the extent that it is a vote given so as to indicate that the person who was under the incapacity is the voter's first or second preference from among the candidates. "

References to elections under the local government Act to include Authority elections

37 After section 189 there shall be inserted--

" The Greater London Authority

189A Extension of references to elections under the local government Act

For the purposes of--

(a) Part II of this Act,

(b) Part III of this Act, and

any reference to an election under the local government Act includes a reference to an Authority election. "

General provisions as to interpretation

38 (1) Section 202 shall be amended as follows.

(2) In subsection (1)--

(a) in the definition of "election", after "parliamentary election" there shall be inserted ", an Authority election";

(b) in paragraph (b) of the definition of "election court", after "questioning" there shall be inserted "an Authority election or";

" "proper officer"--

(a) in relation to the Greater London Authority, has the same meaning as in the 1999 Act (see section 424(2) of that Act);

(b) except as provided by paragraph (a) above, in England and Wales means a proper officer within the meaning of section 270(3) and (4) of the [1972 c. 70.] Local Government Act 1972; " .

(3) In subsection (1), after the definition of "proper officer" there shall be inserted--

" "registered political party" means a party registered under the [1998 c. 48.] Registration of Political Parties Act 1998. "

Interpretation: local government provisions

39 (1) Section 203 (local government provisions as to England and Wales) shall be amended as follows.

(2) In subsection (1), the following definitions shall be inserted at the appropriate places--

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

" "Assembly constituency" has the same meaning as in the 1999 Act (see section 2(4) and (5) of that Act); " ;

" "Authority election" means--

(a) any election of the Mayor of London;

(b) any election of a constituency member of the London Assembly; or

" "constituency member", in relation to the London Assembly, has the same meaning as in the 1999 Act; " ;

" "election of a constituency member of the London Assembly" means--

(a) any such election at an ordinary election; or

(b) an election under section 10 of the 1999 Act (election to fill a vacancy in an Assembly constituency); " ;

" "election of the Mayor of London" means--

(a) any such election at an ordinary election; or

(b) an election under section 16 of the 1999 Act (election to fill a vacancy in the office of Mayor of London); " ;

" "London member", in relation to the London Assembly, has the same meaning as in the 1999 Act; " .

(3) In subsection (1), in the definition of "electoral area", after "means" there shall be inserted "(a)" and at the end of the definition there shall be added--

" (b) Greater London, in the case of--

(i) any election of the Mayor of London; or

(ii) the election of the London members of the London Assembly at an ordinary election;

(4) In subsection (1)--

(a) in the definition of "local authority", after "means" there shall be inserted "the Greater London Authority,";

(b) in the definition of "local government area", after "means" there shall be inserted "Greater London,";

(c) in the definition of "local government election", after "means" there shall be inserted "(a)" and at the end of the definition there shall be added " ; or

(b) any Authority election " .

(5) After subsection (1) there shall be inserted--

" (1A) In the application of this Act in relation to England and Wales, unless the context otherwise requires, any reference to--

(a) a local government election, or

(b) an election under the local government Act,

shall be taken to include a reference to an Authority election.

(1B) Any reference in this Act to a registered political party submitting a list of candidates to be London members of the London Assembly at an ordinary election shall be construed in accordance with section 4(5)(a) of, and Part II of Schedule 2 to, the 1999 Act; and related expressions shall be construed accordingly. "

(6) For subsection (2) (application of Part I in relation to the City and parliamentary elections) there shall be substituted--

" (2) The following provisions of this Act, namely--

(a) Part I, so far as it has effect for the purposes of parliamentary elections, and

(b) Parts I to III, so far as they have effect for the purposes of Authority elections,

shall (subject to any express provision contained in the Part or Parts in question) apply in relation to the City as if the City were a London borough and the Common Council were a London borough council.

For the purposes of this subsection the Inner Temple and the Middle Temple shall be treated as forming part of the City. "

Section 37.

SCHEDULE 4 Exercise of functions during vacancy or temporary incapacity of Mayor

Part I Interpretation

1 Any reference in this Schedule to a period when the Mayor is temporarily unable to act is a reference to a period when--

(a) there is no vacancy in the office of Mayor; but

(b) the Mayor is unable to act in his office by reason of illness, imprisonment or absence abroad or for any other reason;

and references to the Mayor being temporarily unable to act shall be construed accordingly.

Part II Vacancies in the office of Mayor

Notice of vacancy in office of Mayor

2 (1) If a casual vacancy occurs in the office of Mayor, the proper officer of the Authority shall give notice of the vacancy--

(a) to the Deputy Mayor, if there is a holder of that office; or

(b) in any other case, to the Chair of the Assembly.

(2) Any notice under sub-paragraph (1) above shall be given as soon as practicable after the date on which the vacancy is to be regarded by virtue of section 15(1) of this Act as occurring.

Provision for acting Mayor during vacancy

3 During any vacancy in the office of Mayor there shall be an acting Mayor of London (in this Act referred to as the "acting Mayor").

Filling the office of acting Mayor

4 (1) If a person holds the office of Deputy Mayor on the date on which a vacancy in the office of Mayor occurs, that person shall be the acting Mayor unless, within the permitted period--

(a) he gives notice to the proper officer of the Authority that he does not wish to be the acting Mayor; or

(b) he does not give a notice under paragraph (a) above and does not deliver a declaration under paragraph 8(1) below.

(2) If a person becomes the acting Mayor by virtue of being the Deputy Mayor--

(a) he shall cease to be the Deputy Mayor; and

(b) he shall not be the Deputy Mayor, the Chair of the Assembly or the Deputy Chair of the Assembly at any time while he is the acting Mayor.

(3) If, by virtue of sub-paragraph (1) above, the person who is the Deputy Mayor does not become the acting Mayor, the proper officer of the Authority shall give notice of that fact to the Chair of the Assembly as soon as practicable after--

(a) receipt of any notice under sub-paragraph (1)(a) above; or

(b) if no such notice is given, the last day of the permitted period.

(4) Where notice is given to the Chair of the Assembly--

(a) under paragraph 2(1)(b) above, or

(b) under sub-paragraph (3) above,

the person who is the Chair of the Assembly shall be the acting Mayor.

(5) If a person becomes acting Mayor by virtue of being the Chair of the Assembly--

(a) he shall cease to be the Chair of the Assembly; and

(b) he shall not be the Deputy Mayor, the Chair of the Assembly or the Deputy Chair of the Assembly at any time while he is the acting Mayor.

(6) In this paragraph "the permitted period" means the period of seven days following the day on which notice under paragraph 2(1)(a) above is given to the Deputy Mayor.

Acting Mayor to be treated as Mayor during vacancy

5 (1) If and so long as there is an acting Mayor--

(a) any functions exercisable by the Mayor shall be exercisable instead by the acting Mayor; and

(b) any functions exercisable by the Mayor and the Assembly acting jointly shall be exercisable instead by the acting Mayor and the Assembly acting jointly;

and, for the period of the vacancy, the acting Mayor shall accordingly be treated as if he were the Mayor.

(2) Sub-paragraph (1) above is subject to the following provisions of this Part of this Schedule.

Functions which are not to be exercisable by acting Mayor

6 (1) Paragraph 5(1)(a) above does not apply in relation to--

(a) any function exercisable under Schedule 6 or 7 to this Act;

(b) any functions in relation to the preparation, alteration or replacement of any strategies under this Act; or

(2) The appointments mentioned in sub-paragraph (1)(c) above are--

(a) any appointment of a member of any of the functional bodies;

(b) any appointment of a member of any other body corporate under or by virtue of this Act;

Acting Mayor not to act as Assembly member except in relation to budget

7 (1) While a person is the acting Mayor, he shall not act as an Assembly member except in relation to the functions of the Assembly under Schedule 6 or 7 to this Act.

(2) Any period during which sub-paragraph (1) above has effect in relation to a person shall be left out of account in applying section 6 of this Act in relation to that person.

Declaration of acceptance by Deputy Mayor

8 (1) A person shall not, by virtue of being Deputy Mayor,--

(a) become the acting Mayor, or

(b) exercise any functions by virtue of paragraph 5 above,

unless and until he has made, and delivered to the proper officer of the Authority within the permitted period, a declaration of acceptance in a form prescribed in an order made by the Secretary of State.

(2) In sub-paragraph (1) above, "permitted period" has the same meaning as in paragraph 4 above.

(3) Subsections (3) and (4) of section 28 of this Act shall apply to a declaration under sub-paragraph (1) above as they apply to a declaration under that section.

Consequences of making the declaration

9 (1) This paragraph applies where the acting Mayor makes the declaration required by paragraph 8(1) above.

(2) Where this paragraph applies--

(a) the acting Mayor shall resign his membership of the Metropolitan Police Authority; and

(b) the Chair of the Assembly shall fill the vacancy so arising by appointing another member of the Assembly to be a member of the Metropolitan Police Authority in place of the acting Mayor.

Declaration of acceptance by Chair of Assembly

10 A person who becomes acting Mayor by virtue of being the Chair of the Assembly shall not act in the office of acting Mayor unless or until he has satisfied in respect of his office as an Assembly member the requirements of section 28(1) above.

Setting the budget during a vacancy

11 If, at any time when proceedings under Schedule 6 or 7 to this Act are taking place in respect of any year, there is a vacancy in the office of Mayor, those and any subsequent proceedings under the Schedule in question in respect of that year shall proceed as if the Mayor had failed to fulfil his duties under that Schedule.

Occurrence of vacancy in office of acting Mayor

12 (1) If, at any time during a vacancy in the office of Mayor, a casual vacancy occurs in the office of acting Mayor, the head of the Authority's paid service shall give notice of the vacancy--

(a) to the Chair of the Assembly, and

(b) to the Deputy Mayor, if there is a holder of that office,

and this Part of this Schedule (other than paragraph 2 above) shall have effect as if a vacancy in the office of Mayor had arisen on the date on which the vacancy in the office of acting Mayor occurs.

(2) For the purposes of this paragraph, the cases in which, and the date on which, a casual vacancy occurs in the office of acting Mayor are the cases in which, and the date on which, a casual vacancy--

(a) occurs in the acting Mayor's office as an Assembly member; or

(b) would have occurred in the office of Mayor, had the acting Mayor been the Mayor.

(3) Any notice under sub-paragraph (1) above shall be given as soon as practicable after the date on which, by virtue of sub-paragraph (2) above, the vacancy is, in accordance with section 9 or 15 of this Act, to be regarded as occurring.

Part III Mayor temporarily unable to act Notice of Mayor's temporary inability to act

13 (1) If the head of the Authority's paid service becomes aware that the Mayor is temporarily unable to act, he shall as soon as reasonably practicable give notice of that fact--

(a) to the Chair of the Assembly; and

(b) to the Deputy Mayor, if there is a holder of that office.

(2) For the purposes of the following provisions of this Part of this Schedule, any period when the Mayor is temporarily unable to act shall be taken to begin with the giving of the notice required by sub-paragraph (1) above.

Deputy Mayor to be treated as Mayor during the period

14 (1) During any period when the Mayor is temporarily unable to act--

(a) any functions exercisable by the Mayor shall be exercisable instead by the Deputy Mayor; and

(b) any functions exercisable by the Mayor and the Assembly acting jointly shall be exercisable instead by the Deputy Mayor and the Assembly acting jointly;

and, for that period, the Deputy Mayor shall accordingly be treated as if he were the Mayor.

(2) Sub-paragraph (1) above is subject to the following provisions of this Part of this Schedule.

Functions which are not to be exercisable by Deputy Mayor

15 (1) Paragraph 14(1)(a) above does not apply in relation to--

(a) any functions exercisable under Schedule 6 or 7 to this Act;

(b) any functions in relation to the preparation, alteration or replacement of strategies under this Act; or

(2) The appointments mentioned in sub-paragraph (1)(c) above are--

(a) any appointment of a member of any of the functional bodies;

(b) any appointment of a member of any other body corporate under or by virtue of this Act;

Setting the budget during the period

16 If, at any time when proceedings under Schedule 6 or 7 to this Act are taking place in respect of any year, the Mayor is temporarily unable to act, those and any subsequent proceedings under the Schedule in question in respect of that year shall proceed as if the Mayor had failed to fulfil his duties under that Schedule.

Mayor unable to act for three consecutive months

17 If the Mayor has been temporarily unable to act for a period of three consecutive months--

(a) the Deputy Mayor shall resign his membership of the Metropolitan Police Authority; and

(b) the Chair of the Assembly shall fill the vacancy so arising by appointing another member of the Assembly to be a member of the Metropolitan Police Authority in place of the Deputy Mayor.

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