Statutory Instrument 2004 No. 227

The Greater London Authority Elections (Amendment) Rules 2004

(The document as of February, 2008)

-- Back --

STATUTORY INSTRUMENTS

2004 No. 227

LONDON GOVERNMENT

REPRESENTATION OF THE PEOPLE

The Greater London Authority Elections (Amendment) Rules 2004

	Made	4th February 2004
	Laid before Parliament	5th February 2004
	Coming into force	1st March 2004

The First Secretary of State, in exercise of the powers conferred upon him by section 36(2), (2A) and (2B) of the Representation of the People Act 1983[1], and having consulted the Electoral Commission as required by section 7 of the Political Parties, Elections and Referendums Act 2000[2], hereby makes the following Rules:

Citation, commencement and interpretation
    1. - (1) These Rules may be cited as the Greater London Authority Elections (Amendment) Rules 2004 and shall come into force on 1st March 2004.

    (2) In these Rules "the GLA Elections Rules" means the Greater London Authority Elections (No. 2) Rules 2000[3].

Amendment of the GLA Elections Rules
    2. - (1) The GLA Elections Rules are amended as follows.

    (2) For rule 5 (returning officers: duties at ordinary elections) substitute -

Returning officers duties

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).

(3) Without prejudice to paragraphs (1) and (2), the Greater London returning officer may give to any constituency returning officer directions relating to the discharge of any of the functions of the constituency returning officer, including directions requiring the provision to the Greater London returning officer of any information which the constituency returning officer has or is entitled to have.

(4) It shall be the duty of each person to whom directions are given under paragraph (3) to discharge his functions in accordance with the directions."

(3) For rule 8 (combination of polls) substitute -

Combination of polls

is taken together with -

(2) For rule 3 substitute -

Rules for Greater London Authority elections at combined polls

    (4) Schedules 1 to 4 shall not apply.

    (5) In rule 6 (electronic counting of votes) for "Schedule 6" substitute "Schedule 11".

    (6) Schedule 11 (modifications to rules at combined polls (Schedules 8 to 10) where votes counted by electronic means) shall apply.

    (7) Any reference to the Constituency Members Election Rules, the London Members Election Rules or Mayoral Election Rules in the GLA Elections Rules shall be construed as a reference to the corresponding version of those Rules in Schedule 8, 9 or 10.

    (8) Any reference to the Ordinary Elections Rules in the GLA Elections Rule shall be construed as a reference to the version of the Constituency Members Election Rules, London Members Election Rules or Mayoral Election Rules in Schedule 8, 9 or 10"."

(4) After rule 8 (combination of polls), insert -

    (5) Schedule 1 (the Constituency Members Election Rules) shall be amended as shown in Schedule 1 to these Rules.

    (6) Schedule 2 (the London Members Election Rules) shall be amended as shown in Schedule 2 to these Rules.

    (7) Schedule 3 (the Mayoral Election Rules) shall be amended as shown in Schedule 3 to these Rules.

    (8) Schedule 5 (forms) shall be amended as shown in Schedule 4 to these Rules.

    (9) For Schedule 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) there shall be substituted the Schedules shown in Schedule 5 to these Rules.

    (10) After Schedule 11 as inserted by these Rules, there shall be inserted Schedule 12 as set out in Schedule 6 to these Rules.

Revocations
    3.Rule 7 of and Schedule 7 to the GLA Elections Rules (amendment of the Local Elections (Principal Areas) Rules 1986) are revoked.

Signed by authority of the First Secretary of State

Nick Raynsford
Minister of State

4th February 2004 Office of the Deputy Prime Minister

SCHEDULE 1

AMENDMENTS TO SCHEDULE 1 -

THE CONSTITUENCY MEMBERS ELECTION RULES

Postal ballot papers

20.

and which complies with paragraph 4 of Schedule 12 (as though that information were to be included in a notice).

(4) The parts of the form referred to in paragraph (3) are -

(5) Where the GLRO has decided to provide alternative information pursuant to paragraph (3), he shall notify the CRO of the information that shall appear in the form pursuant to that paragraph."

2.After rule 23 insert -

Information for voters in election booklets

23A.

(3) The information for voters must not contain -

(4) Information published in an election booklet under this rule must be printed on not more than two sides of A5 paper."

3.In rule 24 (equipment of polling stations) for paragraph (4) substitute -

(5) The device referred to in paragraph (4)(b) above must -

4.After paragraph 24 insert -

Notices for the guidance of voters

24A.

    (2) The notices shall be prepared by the GLRO and shall comply with the requirements of Schedule 12.

    (3) The GLRO shall provide the CRO with the notices to be exhibited.

    (4) The GLRO may, in addition, also prepare versions in Braille or languages other than English that are accurate translations of any such notice.

    (5) The GLRO shall upon request by a CRO provide the CRO with any notice prepared under paragraph (4).

    (6) Notices provided under paragraph (5) may, at the discretion of the CRO, be exhibited at any polling station -

5.In rule 26 (notification of requirement of secrecy), for "a blind voter" substitute "a voter with disabilities".

6.In rule 27(1) (admission to polling station) -

"voters with disabilities; and

7.For rule 34 (voting by blind persons), substitute -

Voting by persons with disabilities

34.

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 or in writing, whether he is so incapacitated by his blindness or other incapacity, or by his inability to read, as to be unable to vote without assistance.

(2) If the presiding officer -

the presiding officer shall grant the application, and then anything which is by these Rules required to be done to, or by that voter in connection with the giving of his vote may be done to, or with the assistance of, the companion.

(3) For the purpose of these Rules, a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1) above, and a person shall be qualified to assist a voter with disabilities to vote if that person -

    (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 voters with disabilities 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."

8.In rule 38 (procedure on close of poll) for "blind voters" (wherever occurring) substitute "voters with disabilities".

9.In rule 39(2)(attendance at counting of votes) after "(d) the counting agents," insert -

"; and

10.In rule 40 (the count), for paragraph (4) substitute -

by hand to a polling station in the constituency, or by hand or by post to the CRO."

11.In rule 41 (rejected ballot papers) -

(b) in paragraph (4) before sub-paragraph (a) insert -

12.In rule 48 (delivery and retention of documents) -

as the GLRO shall decide."

13.In rule 49 (orders for production of documents) -

14.In rule 50 (retention, public inspection and destruction of documents) in paragraph (1) for "shall retain for six months amongst the records of the Authority all documents relating to an election forwarded to him" substitute "shall retain or cause to be retained for six months all documents relating to an election placed under his control".

SCHEDULE 2

AMENDMENTS TO SCHEDULE 2 -

THE LONDON MEMBERS ELECTION RULES

Postal ballot papers

20.

and which complies with paragraph 4 of Schedule 12 (as though that information were to be included in a notice).

(4) The parts of the form referred to in paragraph (3) are paragraphs 2 to 4 of Form 9.

(5) Where the GLRO has decided to provide alternative information pursuant to paragraph (3), he shall notify the CRO of the information that shall appear in the form pursuant to that paragraph."

2.After rule 24 insert -

Information for voters in election booklets

24A.

(3) The information for voters must not contain -

(4) Information published in an election booklet under this rule must be printed on not more than two sides of A5 paper."

3.In rule 25 (equipment of polling stations), for paragraph (4) substitute -

(5) The device referred to in paragraph (4)(b) above must -

4.After paragraph 25 insert -

Notices for the guidance of voters

25A.

    (2) The notices shall be prepared by the GLRO and shall comply with the requirements of Schedule 12.

    (3) The GLRO shall provide the CRO with the notices to be exhibited.

    (4) The GLRO may, in addition, prepare versions in Braille or languages other than English that are accurate translations of any such notice.

    (5) The GLRO shall upon request by a CRO provide the CRO with any notice prepared under paragraph (4).

    (6) Notices provided under paragraph (5) may, at the discretion of the CRO, be exhibited in any polling station -

5.In rule 26 (appointment of polling and counting agents), after paragraph (2) insert -

6.In rule 27 (notification of requirement of secrecy), for "a blind voter" substitute "a voter with disabilities".

7.In rule 28(1) (admission to polling station) -

"voters with disabilities; and

8.For rule 35 (voting by blind persons), substitute -

Voting by persons with disabilities

35.

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

9.In rule 39 (procedure on close of poll), for "blind voters" (wherever occurring) substitute "voters with disabilities".

10.In rule 40(2) (attendance at counting of votes), after "(d) the counting agents," insert -

"; and

11.In rule 41 (the local count), for paragraph (3) substitute -

by hand to a polling station in the constituency, or by hand or by post to the CRO."

12.In rule 42 (rejected ballot papers) -

(b) in paragraph (4), before sub-paragraph (a) insert -

13.In rule 44 (re-count) -

14.In rule 51 (delivery and retention of documents) -

as the GLRO shall decide."

15.In rule 52 (orders for production of documents) -

16.In rule 53 (retention, public inspection and destruction of documents) -

17.Omit rule 59.

SCHEDULE 3

AMENDMENTS TO SCHEDULE 3 -

THE MAYORAL ELECTION RULES

Postal ballot papers

20.

and which complies with paragraph 4 of Schedule 12 (as though that information were to be included in a notice).

(4) The parts of the form referred to in paragraph (3) are -

(5) Where the GLRO has decided to provide alternative information pursuant to paragraph (3), he shall notify the CRO of the information that shall appear in the form pursuant to that paragraph."

2.After rule 24 insert -

Information for voters in election booklets

24A.

(3) The information for voters must not contain -

(4) Information published in an election booklet under this rule must be printed on not more than two sides of A5 paper."

3.In rule 25 (equipment of polling stations) for paragraph (5) substitute -

(6) The device referred to in paragraph (5)(b) above must -

4.After paragraph 25 insert -

Notices for the guidance of voters

25A.

    (2) The notices shall be prepared by the GLRO and shall comply with the requirements of Schedule 12.

    (3) The GLRO shall provide the CRO with the notices to be exhibited.

    (4) The GLRO may, in addition, also prepare versions in Braille or languages other than English that are accurate translations of any such notice.

    (5) The GLRO shall upon request by a CRO provide the CRO with any notice prepared under paragraph (4).

    (6) Notices provided under paragraph (6) may, at the discretion of the CRO, be exhibited at any polling station -

5.In rule 26 (appointment of polling and counting agents) after paragraph (2) insert -

6.In rule 27 (notification of requirement of secrecy) for "a blind voter" substitute "a voter with disabilities".

7.In rule 28(1) (admission to polling station) -

"voters with disabilities; and

8.For rule 35 (voting by blind persons) substitute -

Voting by persons with disabilities

35.

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

9.In rule 39 (procedure on close of poll), for "blind voters" (wherever occurring) substitute "voters with disabilities".

10.In rule 40(2)(attendance at local count), after "(d) the counting agents," insert -

"; and

11.In rule 41 (the local count), for paragraph (4) substitute -

by hand to a polling station in the constituency, or by hand or by post to the CRO."

12.In rule 42 (rejected ballot papers) -

(b) in paragraph (5), before sub-paragraph (a) insert -

13.In rule 44 (re-count) -

14.In rule 46(2) (attendance at central calculation) at the end of sub-paragraph (c) omit "and" and insert -

15.In rule 53 (delivery and retention of documents) -

as the GLRO shall decide."

16.In rule 54 (orders for production of documents) -

17.In rule 55 (public inspection and destruction of documents) in paragraph (1) for "retain for six months amongst the records of the Authority all documents relating to an election forwarded to him" substitute "retain or cause to be retained all documents relating to an election placed under his control".

SCHEDULE 4

AMENDMENTS TO THE FORMS IN SCHEDULE 5

CMER rule 20

LMER rule 21

MER rule 21

Form 9A - Declaration of identity (GLA election combined with a relevant election or referendum) - (joint issue and receipt of postal ballots)

Front of form

REPRESENTATION OF THE PEOPLE ACTS

I hereby declare that I am the person to whom the ballot paper(s) numbered as above were sent.

Voter's signature (or mark) . . . . . . . . . . . . . . . . . . . . . . . . .

The voter, who is personally known to me, has signed (or marked) this declaration in my presence.

Witnesses's signature (or mark) . . . . . . . . . . . . . . . . . . . . . . . . .

Name of witness . . . . . . . . . . . . . . . . . . . . . . . . .

(WRITE CLEARLY)

Address of witness . . . . . . . . . . . . . . . . . . . . . . . . .

(WRITE CLEARLY) . . . . . . . . . . . . . . . . . . . . . . . . .

SEE INSTRUCTIONS ON THE BACK OF THIS FORM

Back of form

INSTRUCTIONS TO THE VOTER

insert colour of ballot paper

[4.

insert colour of ballot paper

    5.[*When you are voting in a [specify] election, mark a cross (✗) to the right of the name of the candidate of your choice. Vote for one candidate only/ Vote ONCE for your FIRST CHOICE and ONCE for your SECOND CHOICE*.]

    6.[*When you are voting in a referendum, mark a cross (✗) to the right of the answer of your choice. Vote once only.]

    7.Put no other mark on the ballot paper(s) or your vote(s) may not be counted.

    8.Mark all votes secretly. If you cannot vote without assistance, the person assisting you must not disclose how you have voted.

    9.Put the ballot paper in the small envelope marked "A" and seal it. Then put the envelope, together with this declaration of identity, in the larger envelope marked "B". Return it without delay. The ballot papers, in order to be counted, must be received by the returning officer not later than the close of the poll.

*Alternatively they may be returned to any of the following polling stations on polling day:

*[insert polling station(s) . . . . . . . . . . . . . . . . . . . . . . . . . ], or

*Alternatively they may be returned to any polling station in the following area:

*[specify area].

    10.If you receive more than one ballot paper relating to the same election or referendum, remember that it is illegal to vote more than once (otherwise than as proxy) at that election or referendum.

    11.At these elections [*and referendum] you cannot vote in person at a polling station, even if you receive an official poll card.

    12.If you inadvertently spoil any postal ballot paper, you can apply to the returning officer for a new one. If you do this YOU MUST RETURN ALL OF THE POSTAL BALLOT PAPERS THAT YOU HAVE RECEIVED, together with the spoilt ballot paper(s). In addition, in your application for new ballot papers YOU MUST RETURN, the declaration of identity in your own envelope. Remember that there is little time available if new postal ballot papers are to be issued and counted.

*To be completed or omitted as appropriate by the returning officer responsible for the issue and receipt of ballot papers.

# Alternatively, insert such information as to the manner of voting as the GLRO may decide.

CMER rule 20

LMER rule 21

MER rule 21

9B - Declaration of identity (GLA election combined with a relevant election or referendum) - (separate issue and receipt of postal ballots)

Front of form

REPRESENTATION OF THE PEOPLE ACTS

To be returned with (insert colour of ballot papers) coloured ballot paper.

(Insert colour of ballot paper) coloured Ballot Paper No . . . . . . . . . . . . . . . . . . . . . . . . .

I hereby declare that I am the person to whom the (insert colour of ballot paper) ballot paper(s) numbered as above was sent.

Voter's signature (or mark) . . . . . . . . . . . . . . . . . . . . . . . . .

The voter, who is personally known to me, has signed (or marked) this declaration in my presence.

Witness' signature (or mark) . . . . . . . . . . . . . . . . . . . . . . . . .

Name of witness . . . . . . . . . . . . . . . . . . . . . . . . .

(WRITE CLEARLY)

Address of witness . . . . . . . . . . . . . . . . . . . . . . . . .

(WRITE CLEARLY) . . . . . . . . . . . . . . . . . . . . . . . . .

SEE INSTRUCTIONS ON THE BACK OF THIS FORM

Back of form

INSTRUCTIONS TO THE VOTER

[2.

insert colour of ballot paper

3.Mark all votes secretly. If you cannot vote without assistance, the person assisting you must not disclose how you have voted.

4.Different colours are used for the ballot papers for each election [*and referendum]. Each ballot paper has its own ballot paper envelope (the smaller envelope marked "A"), declaration of identity and covering envelope (the larger envelope marked "B"). The covering envelope and declaration of identity are those which refer to the colour of that ballot paper. It is important that you use the correct envelopes and declaration of identity, otherwise your vote may not be counted. You may find it helpful to sort the documents into separate sets, each consisting of a ballot paper, ballot paper envelope, declaration of identity and covering envelope. Then proceed as follows:

*Alternatively, they may be returned to any of the following polling stations on polling day:

*[insert polling station(s) . . . . . . . . . . . . . . . . . . . . . . . . . ] or

*Alternatively they may be returned to any polling station in the following area: *[specify area].

If you receive more than one ballot paper, remember that it is illegal to vote more than once (otherwise than as proxy) at the same election or referendum. You are entitled to vote at different elections and referendums which are held on the same day.

5.At this election you cannot vote in person at a polling station, even if you receive an official poll card.

6.If you inadvertently spoil your postal ballot paper, you can apply to the returning officer for a new one. With your application you must return the spoilt ballot paper, and the declaration of identity, in your own envelope. Remember that there is little time available if a fresh postal ballot paper is to be issued and counted.

* Complete or omit as appropriate.

# Alternatively, insert such information as to the manner of voting as the GLRO may decide."

5.Omit form 12 (Notice for guidance of voters (constituency members and Mayoral elections otherwise than at ordinary elections).

6.In Form 13 (notices for guidance of voters at ordinary elections (where there are more than two candidates for the office of Mayor) omit Notices A and B and for Notices D1 and D2 substitute -

CMER rule 25

LMER rule 26

MER rule 26

Notice D1 - Notice for guidance for voters, for display inside and outside polling stations, at a GLA election combined with another election or referendum

"Form of directions for the guidance of voters in voting for display inside and outside polling stations

GUIDANCE FOR VOTERS AT COMBINED POLLS

    1.Make sure the ballot papers you are given [are stamped with the official mark/ have the official mark*].

    2.Go to one of the compartments.

    3. - [*A. At the [Parliamentary/London borough election(s)*] mark a cross (X) in the box on the right hand side of each ballot paper opposite the name of each candidate for whom you are voting. [Vote once only/ Vote for no more than . . . . . . . . . . . . . . . . . . . . . . . . . candidates.*]]

[*B. At the European Parliamentary election, mark a cross (X) in the box to the right of the party or individual candidate for whom you are voting. Vote once only.]

[C. At the Greater London Authority election -

[*(i) in the election for the constituency members of the London Assembly, vote for ONE candidate only;]

[*(ii) in the election of the London members of the London Assembly, vote for ONE party or individual candidate only;]

[*(iii) in the Mayoral election VOTE ONCE FOR YOUR FIRST CHOICE AND ONCE FOR YOUR SECOND CHOICE.]#]

[*D. At the [Specify other] election/referendum* [mark a cross (✗) to the right of the candidate/the answer* for which you are voting][vote once only*][VOTE ONCE for your FIRST CHOICE and ONCE for your SECOND CHOICE.*]]

    4.[Please do not fold the ballot papers for the [specify the election(s) at which the votes are to be counted electronically].*] [Fold [each/any other*] ballot paper(s) in two and show the official mark on [them/it] to the presiding officer.*] Do not let anyone see your vote. Put each ballot paper in the [*appropriate ] ballot box and leave the polling station.

Include the words in the first set of square brackets, and, if applicable, the corresponding amendment in the following sentence, if the votes are to be counted electronically at one or more of the elections.

    5.Vote only for the number of candidates specified on each ballot paper [and only one of the answers available in the referendum*]. Put no other mark on the ballot papers, or your votes may not be counted.

    6.If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one."

*Complete or omit as appropriate.

# Alternatively, insert such information as to the manner of voting as the GLRO may decide."

CMER rule 26

LMER rule 27

MER rule 27

Notice D2 - Notice for guidance of voters, for display inside polling booth at a GLA election combined with another election or referendum

use where votes are to be counted manually

"*PARLIAMENTARY ELECTION

([Specify colour] ballot paper)

Vote for one candidate only.

*EUROPEAN PARLIAMENTARY ELECTION

([Specify colour] ballot paper)

Vote for one party or individual candidate only.

*[Specify name of council . . . . . . . . . . . . . . . . . . . . . . . . . ] COUNCIL ELECTION

([Specify colour] ballot paper)

*Vote for no more than . . . . . . . . . . . . . . . . . . . . . . . . . candidates.

*Vote for one candidate only.

[#[*ELECTION OF THE MAYOR OF LONDON

([Specify colour] ballot paper)

On the ballot paper for the election of the Mayor, vote ONCE for your first choice and ONCE for your second choice.]

[*ELECTION OF THE LONDON ASSEMBLY

On the constituency members ballot paper [specify colour] vote for ONE candidate only.

On the London members ballot paper [specify colour] vote for ONE party or individual candidate only.]]

*[Specify other] ELECTION/REFERENDUM

([Specify colour] ballot paper)

*Vote for one candidate/ answer only./*Vote ONCE for your first choice and ONCE for your second choice.

PUT NO OTHER MARK ON THE BALLOT PAPERS, OR YOUR VOTE MAY NOT BE COUNTED.

*Complete or omit as appropriate.

# Alternatively, insert such information as to the manner of voting as the GLRO may decide."

CMER rule 25

LMER rule 26

MER rule 26

Notice D3 - Notice for guidance of voters for display inside polling stations at a GLA election combined with another election or referendum

use where votes at any of the polls are to be counted electronically

*PARLIAMENTARY ELECTION

([Specify colour] ballot paper)

Vote for one candidate only.

*EUROPEAN PARLIAMENTARY ELECTION

([Specify colour] ballot paper)

Vote for one party or individual candidate only.

*[Specify name of council . . . . . . . . . . . . . . . . . . . . . . . . . ] COUNCIL ELECTION

([Specify colour] ballot paper)

*Vote for no more than . . . . . . . . . . . . . . . . . . . . . . . . . candidates.

*Vote for one candidate only.

[#[*ELECTION OF THE MAYOR OF LONDON

([Specify colour] ballot paper)

On the ballot paper for the election of the Mayor, vote ONCE for your first choice and ONCE for your second choice.]

[*ELECTION OF THE LONDON ASSEMBLY

On the constituency members ballot paper (specify colour) vote for ONE candidate only.

On the London members ballot paper (specify colour) vote for ONE party or individual candidate only.]]

*[Specify other] ELECTION/REFERENDUM

([Specify colour] ballot paper)

*Vote for one candidate/ answer only./ *Vote ONCE for your first choice and ONCE for your second choice.

PUT NO OTHER MARK ON THE BALLOT PAPERS, OR YOUR VOTE MAY NOT BE COUNTED.

*[PLEASE DO NOT FOLD THE BALLOT PAPERS FOR [specify the election(s) at which the votes are to be counted electronically]][PLEASE DO NOT FOLD THE BALLOT PAPERS]

Include the words in the first set of brackets if the votes at some of the polls are to be counted electronically. Include the words in the second set of brackets if the votes at all the polls are to be counted electronically.

Post them, face downwards, in the [*appropriate] ballot box.

*Complete or omit as appropriate.

# Alternatively, insert such information as to the manner of voting as the GLRO may decide.".

7.In Form 15 (declaration to be made by the companion of a blind voter) -

8.After Form 15 insert -

CMER rule 36(7)

LMER rule 37(7)

MER rule 37(7)

FORM 15A - Declaration to be made by the companion of a voter with disabilities at combined polls

# State the relationship of the companion to the voter.

I, A.B., of . . . . . . . . . . . . . . . . . . . . . . . . . having been requested to assist C.D. (in the case of a voter with disabilities voting as proxy add voting as proxy for M.N.) whose number on the register is . . . . . . . . . . . . . . . . . . . . . . . . . to record his vote at the election[s]* and [*referendum[s]]* now being held in this *parliamentary constituency/*European Parliamentary constituency/*Greater London Authority constituency/*district/*London borough/*parish or community/*local government area (*delete those which are inappropriate) hereby declare that (I am entitled to vote as an elector at the said election[s]* *[and referendum[s]] (I am the # . . . . . . . . . . . . . . . . . . . . . . . . . of the said voter and have attained the age of 18 years), and that I have not previously assisted any voter with disabilities (except E.F., of . . . . . . . . . . . . . . . . . . . . . . . . . ) to vote at the said elections.

(Signed, or marked) A.B.

I, the undersigned, being the presiding officer for the . . . . . . . . . . . . . . . . . . . . . . . . . polling station in the . . . . . . . . . . . . . . . . . . . . . . . . . constituency hereby certify that the above declaration, having been first read to the above-named declarant, was signed or marked by the declarant in my presence.

(Signed (or marked)) G.H.,

NOTE

1.If the person making the above declaration knowingly and wilfully makes therein a statement false in a material particular, he will be guilty of an offence.

2.A voter with disabilities is a voter who has made a declaration under the local elections rules that he is so incapacitated by his blindness or other incapacity, or by his inability to read, as to be unable to vote without assistance."

9.Omit Form 16.

SCHEDULE 5Rule 2(8)

New Schedules 8, 9, 10 and 11 to the GLA Elections Rules

The Schedules to be substituted for Schedule 8 to the GLA Elections Rules are -

"SCHEDULE 8

RULES FOR CONDUCT OF AN ELECTION OF CONSTITUENCY MEMBERS WHERE THE POLL IS TAKEN TOGETHER WITH THE POLL AT ANY OTHER ELECTION OR REFERENDUM

CONSTITUENCY MEMBERS ELECTION RULES

Arrangement of Rules

PART I

General Provisions

Citation

2.	Interpretation

PART II

Provisions as to Time

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

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.	Information for voters in election booklets

25.	Equipment of polling stations

26.	Notices for guidance of voters

27.	Appointment of polling and counting agents

28.	Notification of requirement of secrecy

29.	Admission to polling station

30.	Keeping of order in station

31.	Sealing of ballot boxes

32.	Questions to be put to voters

33.	Challenge of voter

34.	Voting procedure

35.	Votes marked by presiding officer

36.	Voting by persons with disabilities

37.	Tendered ballot papers

38.	Spoilt ballot papers

39.	Adjournment of poll in case of riot

40.	Procedure on close of poll

41.	Attendance at counting of votes

42.

The count

43.	Rejected ballot papers

44.	Decisions on ballot papers

45.

Re-count

46.	Equality of votes

PART V

Final Proceedings in Contested and Uncontested Elections

47.	Declaration of result

48.	Return or forfeiture of candidate's deposit

PART VI

Disposal of Documents

49.	Sealing up of ballot papers

50.	Delivery and retention of documents

51.	Orders for production of documents

52.	Retention, public inspection and destruction of documents

PART VII

Death of Candidate

53.	Countermand or abandonment of poll on death of candidate

54.	Effect of candidate being returned both as Mayor and constituency member

PART I

General Provisions

Citation

Application and interpretation

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

"the 1983 Act" means the Representation of the People Act 1983[17];

"the 1999 Act" means the Greater London Authority Act 1999[18];

"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;

"the Combination of Polls Regulations" means the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004[19];

"constituency" means an Assembly constituency;

"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 an order made under section 35(2B) of the 1983 Act as the returning officer at the election of a constituency member for that constituency[20];

"counting observer" has the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001[21];

"counting officer" has the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001;

"election" and "Constituency Member election" mean an election of a constituency member of the London Assembly;

"election booklet" has the same meaning as in article 7 of the Greater London Authority Elections (Election Addresses) Order 2003[22];

"electoral area", where the GLA election is held together with a referendum, includes a voting area where the referendum is held;

"European Parliamentary election" has the same meaning as in section 27(1) of the Representation of the People Act 1985[23];

"the Forms Schedule" means Schedule 5 to the GLA Elections Rules;

"GLA election" means an election, including an ordinary election, under one or more of -

"GLRO" (Greater London returning officer) means the proper officer of the Greater London Authority for the purposes of section 35(2C) of the Representation of the People Act 1983[24];

"local authority mayoral election" means an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002[25];

"local counting area" has the same meaning as in regulation 2(1) of the European Parliamentary Elections Regulations 2004[26];

"MER" means the Mayoral Election Rules;

"other election or referendum" means one or more of the following -

the poll at which is taken together with the poll at the Constituency Member election;

"other GLA election" means a GLA election held other than under the Constituency Member Election Rules;

"petition organiser" has the same meaning as in regulation 3 of the Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000[29];

"polling observer" has the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001;

"referendum" means a referendum conducted under the Local Authorities (Conduct of Referendums) (England) Regulations 2001[30];

"relevant election or referendum" means -

"voting area" has the same meaning as in regulation 2 of the Local Authorities (Conduct of Referendums) (England) Regulations 2001.

(3) In the case of a referendum, a reference to a -

(4) References in these Rules -

PART II

Provisions As To Time

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 7 in the morning and 10 at night on the day of election.

Computation of time

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[31] in England and Wales.

PART III

Stages Common to Contested and Uncontested Elections

Notice of election

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 -

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, which may not comprise more than six words, must consist of either -

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

    (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 this rule, "registered political party" means a party which was registered under Part II (registration of political parties) of the Political Parties, Elections and Referendums Act 2000[32] at the time by which the notice of election is required to be published by virtue of rule 1 ("the relevant time"), and a registered political party is a qualifying party in relation to an electoral area if, at the relevant time, it was registered in respect of England in the Great Britain register maintained under that Part.

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 ballot papers

15.

(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 -

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

    (6) At an ordinary election the ballot paper at the election held under these Rules shall include the heading "ELECTION OF [insert name of constituency] CONSTITUENCY MEMBER".

    (7) Where, at an ordinary election at which two (or more) polls at the GLA election are to be taken together, the votes are to be counted electronically, the GLRO may determine that two or more ballot papers shall appear on the same sheet of paper.

    (8) In a case to which paragraph (7) applies, the heading required by paragraph (6) shall appear below the heading "ELECTION OF THE LONDON ASSEMBLY" and before any heading "ELECTION OF LONDON MEMBER" required under the London Members Election Rules.

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.

(3) The notices of poll at an ordinary election shall include the heading "GREATER LONDON AUTHORITY ELECTION".

(4) The notice published under paragraph (2) shall -

Postal ballot papers
    20. - (1) 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, together with an envelope for their return.

    (2) The declaration of identity shall be in the appropriate form, or a form to the like effect.

    (3) In place of the parts of the form specified in paragraph (4), the form may include such alternative information as the GLRO may decide, relating to -

and which complies with paragraph 4 of Schedule 12 (as though that information were to be included in a notice).

(4) The parts of the form referred to in paragraph (3) are -

    (5) Where the GLRO has decided to provide alternative information pursuant to paragraph (3), he shall notify the CRO of the information that shall appear in the form pursuant to paragraph (3), and where the CRO does not discharge the functions specified in regulation 5 of the Combination of Poll Regulations, the GLRO shall give such notification to the returning officer who does discharge those functions.

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 -

    (4) At an ordinary election combined GLA election poll cards shall be issued in the appropriate form.

    (5) If the CRO and the returning officer for every other election or referendum think fit, then an official poll card issued under this rule may be combined with the official poll card issued at every other election or referendum.

Information for voters in election booklets
    24. - (1) At an ordinary election the GLRO may, in addition to a statement[34] by him in an election booklet, include in the booklet information for voters[35] that has been agreed by him with the Electoral Commission.

    (2) The information for voters may be about -

(3) The information for voters must not contain -

    (4) Information published in an election booklet under this rule must be printed on not more than two sides of A5 paper.

Equipment of polling stations
    25. - (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) At an ordinary election, the GLRO shall determine whether the ballot papers relating to the GLA elections shall be placed -

(4) The CRO at an ordinary election may, if a determination has been made under paragraph (3) that ballot papers shall be placed into the same ballot box for all of the GLA elections, determine that the same ballot box be used for ballot papers at each other election or referendum with which the GLA elections are taken.

(5) Where separate ballot boxes are to be used for the Constituency Member election and a relevant election or referendums, each ballot box shall be clearly marked with -

specify colour of ballot papers in question

(6) The CRO shall provide each polling station with -

(7) The CRO shall also provide each polling station with -

(8) The large version of the ballot paper referred to in paragraph 7(a) above shall be of the same colour as that of the ballot paper at the election.

(9) The device referred to in paragraph 7(b) above must -

(10) Notices for the guidance of voters shall be exhibited -

(11) The CRO may also provide copies of the notice mentioned in paragraph (10) in Braille or translated into such languages other than English as he considers appropriate, provided that those notices are accurate reproductions in Braille or that other language of that notice.

(12) A notice under paragraph (11) may be exhibited, at the discretion of the CRO, at any polling station -

Notices for guidance of voters
26. - (1) Notices for the guidance of voters to be exhibited under rule 25(10) shall be in the appropriate form.

(2) In place of the parts specified in paragraph (3), the form may include such alternative information relating to the GLA election as -

(3) The parts of the form referred to in paragraph (2) are -

    (4) The GLRO shall provide each CRO with the notices to be exhibited under rule 25(10), except where the CRO does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations.

    (5) Where the GLRO has decided to provide alternative information pursuant to paragraph (2) and the CRO does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations, the GLRO shall notify the returning officer who does discharge those functions of the information that shall appear in the form pursuant to paragraph (2).

Appointment of polling and counting agents
    27. - (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. Notices of the appointment of polling agents and counting agents which are required by this paragraph and paragraphs (7) and (8) to be given to the CRO shall be given to the returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations.

    (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) 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
    28.The CRO shall make such arrangements as he thinks fit to ensure that -

Admission to polling station
29. - (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
    30. - (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 -

and the person so removed shall not, without the presiding officer's permission, again enter the polling station during th