The Greater London Authority Elections Rules 2000 No. 208

Rule 8

SCHEDULE 8MODIFICATIONS 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

1. In this Schedule—

“GLA constituency” means an area for the time being specified in an order made by the Secretary of State under section 2(4) of the Greater London Authority Act 1999(1);

“GLA election” means an election under one or more of—

(a)

the Constituency Members Election Rules,

(b)

the London Members Election Rules,

(c)

the Mayoral Election Rules, and

(d)

the Ordinary Elections Rules;

and expressions used in both this Schedule and in any of Schedules 1, 2 and 3 to the Greater London Authority Elections Rules 2000 have the same meaning for the purposes of this Schedule as they have for the purposes of that Schedule.

TABLE

(1)	(2)
CMER 3 LMER 3 MER 3 (timetable)	for “8 in the morning and 9” substitute “7 in the morning and 10”
CMER 15 LMER 16 MER 16 (the ballot papers)	Add at the end of paragraph (2)— “(e)shall be of a different colour from that of any ballot papers used at an election the poll at which is taken together with the poll at the GLA election”
CMER 19 LMER 20 MER 20 (notice of poll)	Add at the end— “(4) The notice published under paragraph (3) shall— (a)state that the poll at the GLA election is to be taken together with the poll at a parliamentary election or a European Parliamentary election or, as the case may be, a London borough election; (b)specify the parliamentary constituency or European Parliamentary constituency or, as the case may be, the relevant London borough and, in the case of an election to fill a casual vacancy, the electoral area for which the other election is held; and (c)where the polls are to be taken together in part of the Borough only, specify that part.”
CMER 23 LMER 24 MER 24 (issue of official poll cards)	Add at the end— “(5) An official poll card issued under this rule may be combined with the official poll card issued at the parliamentary election or European Parliamentary election or, as the case may be, the London borough election.”
CMER 24 LMER 25 MER 25 (equipment of polling stations)	For paragraph (2) substitute— “(2) Separate ballot boxes shall be used at the polls at the GLA election and at the poll at the other elections with which the poll at the GLA election is taken.”
	For paragraph (5) substitute— “(5) In every compartment of every polling station there shall be exhibited notices in the appropriate form, which shall be printed on paper of the same colour as that of the ballot papers for use at the election to which the notice in question relates.”
CMER 25 LMER 26 MER 26 (appointment of polling and counting agents)	At the end of paragraph (6) add— “Notices of the appointment of polling 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 98 of the Representation of the People Regulations 1986”(2)
CMER 32 LMER 33 MER 33 (voting procedure)	Add at the end— “(4) The same copy of the register of electors may be used under paragraph (1) for each election and one mark may be placed in that register under paragraph (1)(d) to denote that a ballot paper has been received in respect of each election; except that, where a ballot paper has been issued in respect of one election only, a different mark shall be placed in the register so as to identify the election in respect of which the ballot paper was issued.”
CMER 33 LMER 34 MER 34 (votes marked by presiding officer)	Add at the end of paragraph (2)— “The same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election, unless the list identifies the election at which the ballot paper was so marked.”
CMER 34 LMER 35 MER 35 (voting by blind persons)	Add at the end of paragraph (4)— “The same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that the votes were so given in respect of each election, unless the list identifies the election at which the vote was so given.”
CMER 35 LMER 36 MER 36 (tendered ballot papers)	Add at the end of paragraph (3)— “The same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each election, unless the list identifies the election at which a tendered ballot paper was marked.”
CMER 37 LMER 38 MER 38 (adjournment of poll in case of riot)	At the end of paragraph (1) insert— “who discharges the functions specified in regulation 98 of the Representation of the People Regulations 1986”
CMER 38 LMER 39 MER 39 (procedure on close of poll)	After paragraph (1) insert— “(1A) The contents of the packets referred to in sub-paragraphs (b), (c) and (e) of paragraph (1) shall not be combined with the contents of the packets made under the corresponding rule that applies at a parliamentary election, European Parliamentary election or, as the case may be, London borough election; nor shall the statement prepared under paragraph (3) be so combined. (1B) References to the CRO in paragraph (1) are references to the returning officer who discharges the functions specified in regulation 98 of the Representation of the People Regulations 1986.”
CMER 39(1) (attendance at counting of votes) LMER 40(1) (attendance at local count) MER 40(1) (attendance at local count)	For paragraph (1) substitute— “(1) Where the CRO discharges the functions specified in regulation 98 of the Representation of the People Regulations 1986, he shall make arrangements for discharging the functions in rule 40 of the Constituency Members Election Rules and rule 41 of the London Members Election Rules and the Mayoral Election Rules (as modified in accordance with the Table in Schedule 8 to the Greater London Authority Elections Rules 2000) (“CMER 40 and LMER and MER 41 as modified”) in the presence of the counting agents appointed for the purposes of the GLA election as soon as practicable after the close of the poll and for thereafter counting the votes at the election in the presence of those agents, and he shall give to those counting agents notice in writing of the time and place at which he will begin to discharge the functions under those rules (as so substituted). (1A) Where the CRO does not discharge the functions first mentioned in paragraph (1), he shall make arrangements for counting the votes in the presence of the counting agents 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 shall give to the counting agents notice in writing of the time and place at which he will begin to count the votes.”.
CMER 40(2) and (3)	In paragraph (2), before “at the counting of the votes” insert “at the proceedings under CMER 40 and LMER and MER 41 as modified or”. In paragraph (3)— (a) before “counting of the votes” in the first place where they occur, insert “proceedings under CMER 40 and LMER and MER 41 as modified or the”; and (b) before “the efficient” insert “the efficient separation and verification of the ballot papers or, as the case may be,”.
LMER 40(2) and (3)	In paragraph (2), before “at a local count” insert “at the proceedings under CMER 40 and LMER and MER 41 as modified or”. In paragraph (3), before “a local count”, insert “proceedings under CMER 40 and LMER and MER 41 as modified or”.
MER 40(2) and (3)	In paragraph (2), before “at a local count” insert “at the proceedings under CMER 40 and LMER and MER 41 as modified or”. In paragraph (3)— (a) before “a local count”, insert “proceedings under CMER 40 and LMER and MER 41 as modified or”; and (b) before “the efficient” insert “the efficient separation and verification of the ballot papers or, as the case may be,”.
CMER 40 LMER 41 MER 41 (the count)	For paragraphs (1) and (2) substitute— “(1) Where the returning officer at the GLA election discharges the functions specified in regulation 98 of the Representation of the People Regulations 1986, he shall— (a)in the presence of the counting agents appointed for the purposes of the GLA election open each ballot box and record separately the number of ballot papers used in each election; (b)in the presence of the election agents appointed for the purposes of the GLA election verify each ballot paper account; (c)count such of the postal ballot papers as have been duly returned and record separately the number counted at each election; (d)separate the ballot papers relating to the GLA election from the ballot papers relating to the parliamentary election, the European parliamentary election or, as the case may be, the London borough election; (e)make up into packets the ballot papers for each election other than the GLA 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 election 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 election; and (g)at the same time deliver to that officer packets that so relate containing— (i)the unused and spoilt ballot papers, (ii)the tendered ballot papers, and (iii)the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll. In the application of this paragraph to combined polls at GLA and London borough elections, it shall have effect as if after “GLA election” in the first place where those words occur, and in sub-paragraphs (d) and (e), there were inserted “for which he is the returning officer”. (2) After completion of the proceedings under paragraph (1), the returning officer shall mix together all of the ballot papers used at the GLA election and count the votes given on them. (2A) Where the returning officer at the GLA election does not discharge the functions specified in regulation 98 of the Representation of the People Regulations 1986, he shall— (a)on receipt of those containers from the returning officer who does discharge those functions, and after the time specified in the notice given under rule 38(1A) (as substituted by Schedule 4 to the Local Elections (Principal Areas) Rules 1986) open each container; (b)where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at another election under regulation 78 of the Representation of the People Regulations 1986, count such of the postal ballot papers as have been duly returned and record the number counted; and (c)mix together the postal ballot papers and the ballot papers from all of the containers and count the votes given on them. Paragraph (6) does not apply to these proceedings.”
CMER 50 LMER 51 MER 51 (delivery of documents)	Add at the end of paragraph (1)— “At an election where the CRO does not discharge the functions referred to in regulation 98 of the Representation of the People Regulations 1986, this paragraph shall have effect as if sub-paragraphs (c) and (e) were omitted.”
CMER 51 MER 56 (countermand or abandonment of poll)	Add at the end of paragraph (1)— “Provided that neither the countermand of the poll at the GLA election nor the direction that the poll be abandoned shall affect the poll at the parliamentary election, European Parliamentary election or, as the case may be, London borough election” Substitute for paragraph (2)— “(2) Where the poll at the GLA election is abandoned by reason of a candidate’s death, no further ballot papers shall be delivered in any polling station and, at the close of the poll for the parliamentary election, European Parliamentary election or, as the case may be, London borough election, the presiding officer shall take the like steps for the delivery to the returning officer of ballot boxes and of papers and other documents as he would be required to do if the poll at the GLA election had not been abandoned, and the returning officer shall dispose of ballot papers used at the GLA election (at which a candidate has died) as he is required to do on the completion in due course of the counting of the votes, but— (a)it shall not be necessary for any ballot paper account at that election to be prepared or verified; and (b)the CRO, having separated the ballot papers relating to the parliamentary election, European Parliamentary election or, as the case may be, London borough election, shall take no step or further step for the counting of the ballot papers used at the GLA election (at which a candidate has died) or of the votes and shall seal up all of those ballot papers, whether the votes on them have been counted or not, and it shall not be necessary to seal up counted and rejected ballot papers in separate packets.”

(1)

(2)

Provision

Modification

CMER 3

LMER 3

MER 3

(timetable)

for “8 in the morning and 9” substitute “7 in the morning and 10”

CMER 15

LMER 16

MER 16

(the ballot papers)

Add at the end of paragraph (2)—

“(e)shall be of a different colour from that of any ballot papers used at an election the poll at which is taken together with the poll at the GLA election”

CMER 19

LMER 20

MER 20

(notice of poll)

Add at the end—

“(4) The notice published under paragraph (3) shall—

(a)state that the poll at the GLA election is to be taken together with the poll at a parliamentary election or a European Parliamentary election or, as the case may be, a London borough election;

(b)specify the parliamentary constituency or European Parliamentary constituency or, as the case may be, the relevant London borough and, in the case of an election to fill a casual vacancy, the electoral area for which the other election is held; and

(c)where the polls are to be taken together in part of the Borough only, specify that part.”

CMER 23

LMER 24

MER 24

(issue of official poll cards)

Add at the end—

“(5) An official poll card issued under this rule may be combined with the official poll card issued at the parliamentary election or European Parliamentary election or, as the case may be, the London borough election.”

CMER 24

LMER 25

MER 25

(equipment of polling stations)

For paragraph (2) substitute—

“(2) Separate ballot boxes shall be used at the polls at the GLA election and at the poll at the other elections with which the poll at the GLA election is taken.”

For paragraph (5) substitute—

“(5) In every compartment of every polling station there shall be exhibited notices in the appropriate form, which shall be printed on paper of the same colour as that of the ballot papers for use at the election to which the notice in question relates.”

CMER 25

LMER 26

MER 26

(appointment of polling and counting agents)

At the end of paragraph (6) add—

“Notices of the appointment of polling 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 98 of the Representation of the People Regulations 1986”(2)

CMER 32

LMER 33

MER 33

(voting procedure)

Add at the end—

“(4) The same copy of the register of electors may be used under paragraph (1) for each election and one mark may be placed in that register under paragraph (1)(d) to denote that a ballot paper has been received in respect of each election; except that, where a ballot paper has been issued in respect of one election only, a different mark shall be placed in the register so as to identify the election in respect of which the ballot paper was issued.”

CMER 33

LMER 34

MER 34

(votes marked by presiding officer)

Add at the end of paragraph (2)—

“The same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election, unless the list identifies the election at which the ballot paper was so marked.”

CMER 34

LMER 35

MER 35

(voting by blind persons)

Add at the end of paragraph (4)—

“The same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that the votes were so given in respect of each election, unless the list identifies the election at which the vote was so given.”

CMER 35

LMER 36

MER 36

(tendered ballot papers)

Add at the end of paragraph (3)—

“The same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each election, unless the list identifies the election at which a tendered ballot paper was marked.”

CMER 37

LMER 38

MER 38

(adjournment of poll in case of riot)

At the end of paragraph (1) insert—

“who discharges the functions specified in regulation 98 of the Representation of the People Regulations 1986”

CMER 38

LMER 39

MER 39

(procedure on close of poll)

After paragraph (1) insert—

“(1A) The contents of the packets referred to in sub-paragraphs (b), (c) and (e) of paragraph (1) shall not be combined with the contents of the packets made under the corresponding rule that applies at a parliamentary election, European Parliamentary election or, as the case may be, London borough election; nor shall the statement prepared under paragraph (3) be so combined.

(1B) References to the CRO in paragraph (1) are references to the returning officer who discharges the functions specified in regulation 98 of the Representation of the People Regulations 1986.”

CMER 39(1)

(attendance at counting of votes)

LMER 40(1)

(attendance at local count)

MER 40(1)

(attendance at local count)

For paragraph (1) substitute—

“(1) Where the CRO discharges the functions specified in regulation 98 of the Representation of the People Regulations 1986, he shall make arrangements for discharging the functions in rule 40 of the Constituency Members Election Rules and rule 41 of the London Members Election Rules and the Mayoral Election Rules (as modified in accordance with the Table in Schedule 8 to the Greater London Authority Elections Rules 2000) (“CMER 40 and LMER and MER 41 as modified”) in the presence of the counting agents appointed for the purposes of the GLA election as soon as practicable after the close of the poll and for thereafter counting the votes at the election in the presence of those agents, and he shall give to those counting agents notice in writing of the time and place at which he will begin to discharge the functions under those rules (as so substituted).

(1A) Where the CRO does not discharge the functions first mentioned in paragraph (1), he shall make arrangements for counting the votes in the presence of the counting agents 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 shall give to the counting agents notice in writing of the time and place at which he will begin to count the votes.”.

CMER 40(2) and (3)

In paragraph (2), before “at the counting of the votes” insert “at the proceedings under CMER 40 and LMER and MER 41 as modified or”.

In paragraph (3)—

(a)

before “counting of the votes” in the first place where they occur, insert “proceedings under CMER 40 and LMER and MER 41 as modified or the”; and

(b)

before “the efficient” insert “the efficient separation and verification of the ballot papers or, as the case may be,”.

LMER 40(2) and (3)

In paragraph (2), before “at a local count” insert “at the proceedings under CMER 40 and LMER and MER 41 as modified or”.

In paragraph (3), before “a local count”, insert “proceedings under CMER 40 and LMER and MER 41 as modified or”.

MER 40(2) and (3)

In paragraph (2), before “at a local count” insert “at the proceedings under CMER 40 and LMER and MER 41 as modified or”.

In paragraph (3)—

(a)

before “a local count”, insert “proceedings under CMER 40 and LMER and MER 41 as modified or”; and

(b)

before “the efficient” insert “the efficient separation and verification of the ballot papers or, as the case may be,”.

CMER 40

LMER 41

MER 41

(the count)

For paragraphs (1) and (2) substitute—

“(1) Where the returning officer at the GLA election discharges the functions specified in regulation 98 of the Representation of the People Regulations 1986, he shall—

(a)in the presence of the counting agents appointed for the purposes of the GLA election open each ballot box and record separately the number of ballot papers used in each election;

(b)in the presence of the election agents appointed for the purposes of the GLA election verify each ballot paper account;

(c)count such of the postal ballot papers as have been duly returned and record separately the number counted at each election;

(d)separate the ballot papers relating to the GLA election from the ballot papers relating to the parliamentary election, the European parliamentary election or, as the case may be, the London borough election;

(e)make up into packets the ballot papers for each election other than the GLA 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 election 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 election; and

(g)at the same time deliver to that officer packets that so relate containing—

(i)the unused and spoilt ballot papers,

(ii)the tendered ballot papers, and

(iii)the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll.

In the application of this paragraph to combined polls at GLA and London borough elections, it shall have effect as if after “GLA election” in the first place where those words occur, and in sub-paragraphs (d) and (e), there were inserted “for which he is the returning officer”.

(2) After completion of the proceedings under paragraph (1), the returning officer shall mix together all of the ballot papers used at the GLA election and count the votes given on them.

(2A) Where the returning officer at the GLA election does not discharge the functions specified in regulation 98 of the Representation of the People Regulations 1986, he shall—

(a)on receipt of those containers from the returning officer who does discharge those functions, and after the time specified in the notice given under rule 38(1A) (as substituted by Schedule 4 to the Local Elections (Principal Areas) Rules 1986) open each container;

(b)where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at another election under regulation 78 of the Representation of the People Regulations 1986, count such of the postal ballot papers as have been duly returned and record the number counted; and

(c)mix together the postal ballot papers and the ballot papers from all of the containers and count the votes given on them.

Paragraph (6) does not apply to these proceedings.”

CMER 50

LMER 51

MER 51

(delivery of documents)

Add at the end of paragraph (1)—

“At an election where the CRO does not discharge the functions referred to in regulation 98 of the Representation of the People Regulations 1986, this paragraph shall have effect as if sub-paragraphs (c) and (e) were omitted.”

CMER 51

MER 56

(countermand or abandonment of poll)

Add at the end of paragraph (1)—

“Provided that neither the countermand of the poll at the GLA election nor the direction that the poll be abandoned shall affect the poll at the parliamentary election, European Parliamentary election or, as the case may be, London borough election”

Substitute for paragraph (2)—

“(2) Where the poll at the GLA election is abandoned by reason of a candidate’s death, no further ballot papers shall be delivered in any polling station and, at the close of the poll for the parliamentary election, European Parliamentary election or, as the case may be, London borough election, the presiding officer shall take the like steps for the delivery to the returning officer of ballot boxes and of papers and other documents as he would be required to do if the poll at the GLA election had not been abandoned, and the returning officer shall dispose of ballot papers used at the GLA election (at which a candidate has died) as he is required to do on the completion in due course of the counting of the votes, but—

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

(b)the CRO, having separated the ballot papers relating to the parliamentary election, European Parliamentary election or, as the case may be, London borough election, shall take no step or further step for the counting of the ballot papers used at the GLA election (at which a candidate has died) or of the votes and shall seal up all of those ballot papers, whether the votes on them have been counted or not, and it shall not be necessary to seal up counted and rejected ballot papers in separate packets.”

(1)

S.I. 1986/1081.

(2)

See rule 46(2)(d) of the London Members Election Rules in Schedule 2 to the Greater London Authority Elections Rules 2000.