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The Greater London Authority Elections Rules 2007

Type Statutory-Instrument

Publication 2007-12-17

Last updated 2024-12-26

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(1H) In this rule, a “forged document” means a false document made to resemble a specified document.

(1I) In this rule, a “specified document”—

(a) except in the case of a voter who has an anonymous entry in the register of electors, means a document which for the time being falls within the list specified in rule 37(1H) of the parliamentary election rules;

(b) in the case of a voter who has an anonymous entry in the register of electors, means an anonymous elector’s document which—

(i) was issued by the registration officer for the local authority in whose area the election is held, and

(ii) contains the number—

(aa) allocated to the voter as stated in the copy of the register of electors, or

(bb) where an entry relating to the voter is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice.

(1J) Subject to paragraph (1K), a reference in this rule to a document that is a specified document is a reference to the document regardless of any expiry date relating to it.

(1K) Paragraph (1J) does not apply to a temporary electoral identity document where the date of the poll for the election is after the date for which the document is issued.

(1L) No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s identity, except as permitted by the voter.

(1M) References in this rule to producing a document are to producing it for inspection.

(2) In the case of an elector who has an anonymous entry, he must show the presiding officer his official poll card ....

(3) In the case of an elector who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (1) is modified as follows—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in sub-paragraph (c), for “in the register of electors” substitute “on the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act”.

(4) The voter, on receiving the ballot paper, must forthwith proceed into one of the compartments in the polling station and there secretly mark his paper, and must then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper into the ballot box in the presiding officer's presence, but so as to conceal his vote.

(5) The voter must vote without undue delay, and must leave the polling station as soon as he has put his ballot paper into the ballot box.

(6) A voter who has had a ballot paper delivered to him under paragraph (1), but has decided not to mark it, may return it to the presiding officer and where the voter does so, the presiding officer must—

(a) immediately cancel the ballot paper, and for the purposes of these rules treat it as a spoilt ballot paper,

(b) place a mark beside the number of that ballot paper on the corresponding number list to show that the ballot paper has been cancelled.

(7) At an ordinary election, the same copy of—

(a) the list of proxies,

(b) the list mentioned in rule 28(3)(d),

(d) any notice issued under section 13B(3B) or (3D) of the 1983 Act (marked in the case of an elector who is added to the register in pursuance of such a notice),

may be used for each Authority election and one mark may be placed in the list, register or notice (as the case may be) to denote that a ballot paper has been delivered in respect of each Authority election; except that, where a ballot paper has not been issued in respect of any Authority election, a different mark must be placed in the list, register or notice so as to identify the elections in respect of which a ballot paper was issued.

(8) A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting must (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.

Votes marked by presiding officer

39

(1) Subject to paragraph (1A), the presiding officer, on the application of a voter—

(a) who is incapacitated by blindness or other disability from voting in the manner directed by these Rules, or

(b) who declares orally that he is unable to read,

must, in the presence of the polling agents, cause the voter's vote to be marked on a ballot paper in the manner directed by the voter, and the ballot paper to be placed in the ballot box.

(1A) Paragraphs (1A) to (1M) of rule 38 apply in the case of a voter who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 38(1), but as if—

(a) references to delivering a ballot paper to a voter were to causing a voter’s vote to be marked on a ballot paper, and

(b) in rule 38(1G), the reference to paragraph (1) of rule 38 were to paragraph (1) of this rule.

(2) The name and number on the register of electors of every voter whose vote is marked in pursuance of this rule, and the reason why it is so marked, must be entered on a list (in these Rules called “the list of votes marked by the presiding officer”). In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name must be the elector's number.

(3) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act , paragraph (2) applies as if for “on the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act”.

(4) At an ordinary election, the same list may be used for each Authority election, and where it is so used, an entry in that list must be taken to mean that the ballot papers were so marked in respect of each Authority election, unless the list identifies the election for which the ballot paper was so marked.

Voting by persons with disabilities

40

(1) If a voter makes an application to the presiding officer to be allowed, on the ground of—

(a) blindness or other disability, or

(b) inability to read,

to vote with the assistance of another person by whom he is accompanied (in these Rules referred to as “the companion”), the presiding officer must require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or other disability, or by his inability to read, as to be unable to vote without assistance.

(2) Subject to paragraph (2A), if the presiding officer—

(a) is satisfied that the voter is so incapacitated, and

(b) is also satisfied by a written declaration made by the companion (in these Rules referred to as “the declaration made by the companion of a voter with disabilities”) that the companion—

(i) is a qualified person within the meaning of these Rules, and

(ii) has not previously assisted more than one voter with disabilities to vote at the election,

the presiding officer must 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.

(2A) Paragraphs (1A) to (1M) of rule 38 apply in the case of a voter who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 38(1), but as if—

(a) references to delivering a ballot paper to a voter were to granting a voter’s application, and

(b) in rule 38(1G), the reference to paragraph (1) of rule 38 were to paragraph (1) of this rule.

(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 may be qualified to assist a voter with disabilities to vote if that person is aged 18 or over.

(4) The name and number in the register of electors of every voter whose vote is given in accordance with this rule and the name and address of the companion must be entered on a list (in these Rules referred to as the “list of voters with disabilities assisted by companions”). In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name must be the elector's number.

(5) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (4) applies as if for “in the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act”.

(6) The declaration made by the companion—

(a) must be in the appropriate form, and

(b) must be made before the presiding officer at the time when the voter applies to vote with the assistance of a companion, and

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

(8) At an ordinary election, the same list of voters with disabilities assisted by companions may be used for each Authority election, and where it is so used, an entry in that list must be taken to mean that the votes were so given in respect of each Authority election, unless the list identifies the election for which the vote was so given.

Tendered ballot papers: circumstances where available

41

(1) If a person, representing himself to be—

(a) a particular elector named in the register and not named in the absent voters list, or

(b) a particular person named in the list of proxies as proxy for an elector and not entitled to vote by post as proxy,

applies for a ballot paper after another person has voted in person either as the elector or his proxy, the applicant must, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule and rule 42, to mark a ballot paper (in these Rules referred to as “a tendered ballot paper”) in the same manner as any other voter.

(2) Paragraph (4) applies if—

(a) a person applies for a ballot paper representing himself to be a particular elector named in the register,

(b) he is also named in the postal voters list, and

(3) Paragraph (4) also applies if—

(a) a person applies for a ballot paper representing himself to be a particular person named as a proxy in the list of proxies,

(b) he is also named in the proxy postal voters list, and

(4) The person must, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule and rule 42, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter.

(5) Paragraph (6) applies if before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents himself to be—

(a) a particular elector named in the register who is also named in the postal voters list, or

(b) a particular person named as a proxy in the list of proxies and who is also named in the proxy postal voters list,

and claims that he has lost or has not received his postal ballot paper.

(6) The person must, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of this rule and rule 42, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter.

(7) Paragraphs (1A) to (1M) of rule 38 apply in the case of a person who seeks to mark a tendered ballot paper under this rule as they apply in the case of a voter who applies for a ballot paper under rule 38(1), but as if, in rule 38(1G) the reference to making a further application under paragraph (1) of rule 38 were to seeking a further time to mark a tendered ballot paper under the paragraph of this rule under which the first such attempt was made.

Tendered ballot papers: general provisions

42

(1) A tendered ballot paper must—

(a) be of a colour differing from the other ballot papers,

(b) instead of being put into the ballot box, be given to the presiding officer and endorsed by him with the name of the voter and his number on the register of electors, and set aside in a separate packet.

(2) The name of the voter and his number on the register of electors must be entered on a list (in these Rules referred to as the “tendered votes list”).

(3) In the case of a person voting as proxy for an elector, the number to be endorsed or entered together with the voter's name must be the number of that elector.

(4) In the case of an elector who has an anonymous entry, this rule and rule 41 apply subject to the following modifications—

(a) in paragraphs (1)(b) and (2) above, the references to the name of the voter must be ignored,

(b) otherwise, a reference to a person named on a register or list must be construed as a reference to a person whose number appears in the register or list (as the case may be).

(5) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, this rule and rule 41 apply as if—

(a) in rule 41(1)(a), (2)(a) and (5)(a), for “named in the register” there were substituted “in respect of whom a notice under section 13B(3B) or (3D) of the 1983 Act has been issued”,

(b) in paragraph (1)(b) of this rule for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13B(3B) or (3D) of the 1983 Act”,

(c) in paragraph (2) of this rule, for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13B(3B) or (3D) of the 1983 Act”.

(6) At an ordinary election, the same list may be used for each Authority election, and where it is so used, an entry in that list must be taken to mean that tendered ballot papers were marked in respect of each Authority election, unless the list identifies the election for which a tendered ballot paper was delivered.

Spoilt and replacement ballot papers

43

(1) A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to his satisfaction the fact of the inadvertence, obtain a replacement for the ballot paper so delivered (in these Rules referred to as “a spoilt ballot paper”), and the spoilt ballot paper must be immediately cancelled.

(2) If a voter decides, after he has returned his ballot paper and it has been cancelled in accordance with rule 38(6), but before the close of the poll, that he wishes to vote in the election, he may obtain a replacement for the returned ballot paper.

(3) Before a replacement ballot paper is obtained, the presiding officer must mark the corresponding number list that was marked under rule 38(1) (the corresponding number list)—

(a) in the case of a ballot paper being replaced under paragraph (1) or (2), beside the number of the replacement ballot paper obtained to show—

(i) the number of the elector, and

(ii) the number of the ballot paper which is being replaced; and

(b) in the case of a ballot paper being replaced under paragraph (1), beside the number of the spoilt ballot paper to show that the ballot paper was replaced.

(4) At an ordinary election, the voter must only receive a replacement for a spoilt or returned ballot paper.

(5) If the same corresponding number list is used for more than one Authority election in accordance with rule 38(7)—

(a) the marks made under paragraph (3) must identify the election for which a ballot paper has been replaced, and

(b) any ballot paper which the voter has not applied for or obtained as a replacement, but which bears the same ballot paper number as a ballot paper delivered under rule 38(1), or obtained under paragraph (1) or (2) of this rule—

(i) must not be delivered to the voter,

(ii) must be cancelled, and

(iii) for the purposes of these rules, must be treated as a spoilt ballot paper.

Correction of errors on day of poll

44

(1) The presiding officer must keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of the 1983 Act which takes effect on the day of the poll.

(2) At an ordinary election, the same list may be used for each Authority election, and where it is so used, an entry in that list must be taken to mean that ballot papers were delivered in respect of each Authority election, unless the list identifies the election for which a tendered ballot paper was delivered.

Adjournment of poll in case of riot

45

(1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer must adjourn the proceedings till the following day and must forthwith give notice to the CRO.

(2) Where the poll is adjourned at any polling station—

(a) the hours of polling on the day to which it is adjourned must be the same as for the original day, and

(b) references in these Rules to the close of the poll must be construed accordingly.

(3) As soon as practicable after the CRO has received notice of the adjournment of a poll he must inform the GLRO of that fact and of the cause of its adjournment.

Procedure on close of poll

46

(1) As soon as practicable after the close of the poll, the presiding officer must, in the presence of the polling agents, make up into separate packets, sealed with his own seal and the seals of such polling agents as desire to affix their seals–

(a) each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with the key attached,

(b) the unused and spoilt ballot papers placed together,

(d) the marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the list of proxies,

(da) the ballot paper refusal list completed in accordance with rule 42A,

(e) the list prepared under rule 18, including the part completed in accordance with rule 38(1)(b) (together referred to in these Rules as “the completed corresponding number list”),

(f) the certificates as to employment on duty on the day of the poll,

(g) the tendered votes list, the list of voters with disabilities assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters whose votes are so marked by the presiding officer under the heads “disability” and “unable to read”, the list maintained under rule 44, and the declarations made by the companions of voters with disabilities,

and must deliver the packets or cause them to be delivered to the CRO to be taken charge of by him; but if the packets are not delivered by the presiding officer personally to the CRO, the arrangements for their delivery must be approved by the CRO.

(2) The contents of the packets referred to in paragraph (1)(b), (c) and (f) must not be combined with the contents of the packets made under the corresponding rule that applies at any other Authority election.

(3) The marked copies of the register of electors and of the list of proxies must be in one packet but must not be in the same packet as the completed corresponding number list or the certificates as to employment on duty on the day of the poll.

(4) The packets must be accompanied by a statement (“the ballot paper account”) showing the number of ballot papers entrusted to the presiding officer, and accounting for them under the heads—

(a) ballot papers issued and not otherwise accounted for,

(b) unused ballot papers,

(d) tendered ballot papers.

(5) At an ordinary election, the statement referred to in paragraph (4) may be combined with the statements produced in relation to other Authority elections and the combined statement must be arranged in such manner as the GLRO may direct.

Attendance at verification and the local count

47

(1) As soon as practicable after the close of the poll, the CRO must make arrangements for carrying out, in the presence of the counting agents appointed for the purposes of the election, the verification and the counting of votes and must give to the counting agents notice in writing of the time and place at which he will begin to verify and count the votes.

(2) No person other than—

(a) the CRO and his clerks and technical assistants,

(b) the GLRO,

(d) the election agents,

(e) the counting agents,

(f) persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act,

may be present at the verification and counting of the votes, unless permitted by the CRO to attend.

(3) A person not entitled to attend the verification and local count must not be permitted to do so by the CRO unless he—

(a) is satisfied that the efficient conduct of those proceedings will not be impeded, and

(b) has either consulted the election agents or thought it impracticable to do so.

(4) The CRO must give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.

Use of the electronic counting system

48

(1) The GLRO may provide the CRO with an electronic counting system consisting of computer hardware, software and other equipment or services, for the purpose of counting the number of ballot papers, to verify the ballot paper accounts and to count the votes cast on them.

(2) Any verification of ballot paper accounts, count or re-count at the election conducted using the electronic counting system must be conducted in accordance with rule 49.

(3) If the GLRO has provided the CRO with an electronic counting system for use at the election, the CRO must obtain the prior written consent of the GLRO before he may conduct the verification of ballot paper accounts or count the votes manually.

(4) If the verification of ballot paper accounts, count or re-count has commenced using the electronic counting system but has not been completed, the CRO may, if he considers it appropriate, discontinue the count and instead count the votes manually.

(5) Where the count or a re-count has been conducted using the electronic counting system, the CRO may, if he considers it appropriate, conduct any re-count without using that system.

(6) Where verification or any count or re-count is conducted using the electronic counting system, any of the steps referred to rule 49, in so far as practicable, may be undertaken—

(a) concurrently with any other of those steps, or

(b) in a different order.

Verification and the local count

49

(1) The CRO must—

(a) open the ballot boxes from each polling station together, in the presence of the counting agents appointed for the purposes of the election and any other Authority election with which is its combined,

(b) cause the electronic counting system to count such of the postal ballot papers as have been duly returned in accordance with paragraphs (2) and (3) and record separately the number counted,

(c) not mix the contents of any ballot box with the contents of any other ballot box during the conduct of any count or re-count.

(2) A postal ballot paper must not be taken to be duly returned unless—

(a) it is returned in the manner set out in paragraph (3) and reaches the CRO or any polling station in the Assembly constituency that includes the electoral area for which the elector is registered as a local government elector, before the close of the poll,

(b) the postal voting statement, duly signed, is also returned in the manner set out in paragraph (3) and reaches him or such polling station before that time,

(d) in a case where the steps for verifying the date of birth and signature of an elector or proxy have been prescribed by regulations made under the 1983 Act , the CRO (having taken such steps) verifies the date of birth and signature of the elector or proxy (as the case may be) and

(e) the postal ballot paper is not one that falls to be rejected in accordance with regulation 79B, 79D, 82B or 82D of the Representation of the People (England and Wales) Regulations 2001.

(3) The manner in which any postal paper or postal voting statement may be returned—

(a) to the CRO, is by hand or by post,

(b) to a polling station in the Assembly constituency, is by hand.

(3A) A postal ballot paper or postal voting statement that reaches the CRO or a polling station mentioned in sub-paragraph (a) of paragraph (2) at or after the close of the poll is treated for the purposes of paragraph (2) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.

(4) After completing the proceedings under paragraph (1), the CRO must cause the electronic counting system to process the ballot papers so as to —

(a) count the number of ballot papers, and

(b) count the number of ... votes given for each candidate. ...

(5) The CRO must not cause the electronic counting system to count any tendered ballot paper.

(6) The CRO must verify each ballot paper account by comparing it with the number of ballot papers processed by the electronic counting system, and the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and must draw up a statement as to the result of the verification, which any election agent may copy.

(7) The CRO, while verifying the ballot paper accounts and counting the votes, must take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers.

(8) The CRO must so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that the hours between 5 in the afternoon and 10 on the following morning may be excluded with the prior consent of the GLRO.

(9) During the time so excluded the CRO must—

(a) place the ballot papers and other documents relating to the election under his own seal and the seals of such of the counting agents as desire to affix their seals, and

(b) otherwise take proper precautions for the security of the papers and documents.

Rejected ballot papers

50

(1) Any ballot paper—

(a) which does not bear the official mark,

(aa) on which votes are given for more than one candidate,

(b) on which anything is written or marked by which the voter can be identified except the printed number and other unique identifying mark on the back,

(d) which is void for uncertainty,

is, subject to paragraph (2), void and must not be counted.

(2) A ballot paper on which the vote is marked—

(a) elsewhere than in the proper place, or

(b) otherwise than by means of a cross, or

must not for such reason be void if an intention that the vote is for one only of the candidates clearly appears.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where the electronic counting system identifies a ballot paper that has been marked, but which appears to be void then that ballot paper must be examined by a clerk appointed by the CRO in the manner referred to in paragraph (7).

(5) If the clerk, having examined the ballot paper, considers that it is void then the CRO must examine it in the manner referred to in paragraph (7).

(6) After the CRO examines the ballot paper he must give his decision as to whether or not it is void.

(7) An examination under paragraph (4) or (5) is to be made by the clerk or CRO examining an image of the ballot paper which is shown on a screen so as to be visible to those attending the count.

(8) The CRO may examine any ballot paper that he is not required to examine in accordance with paragraphs (5)—

(a) either in the manner referred to in paragraph (7), or

(b) by examining a paper copy,

and where the CRO does so, he must give a decision on that paper in accordance with paragraph (6),

(9) No person attending the count is to be entitled to require the clerk or CRO to examine a ballot paper or to provide a paper copy for inspection.

(10) A record of the CRO's decision under paragraph (6) must be retained in the electronic counting system together, in the case of a decision that the ballot paper is void, with his reasons by reference to paragraph (1).

(11) If a counting agent objects to the CRO’s decision that the ballot paper is void the CRO must record on the electronic counting system that the decision was objected to.

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) The CRO must draw up a statement showing the number of rejected ballot papers under the several heads of—

(a) want of an official mark,

(b) voting for more than one candidate ...,

(d) unmarked ..., and

(e) void for uncertainty.

(14) As soon as practicable after the completion of the statement under paragraph (13) the CRO must inform—

(a) such candidates, election agents and counting agents as are present at the count, and

(b) the GLRO,

of its contents.

(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Decisions on ballot papers

51

The decision of the CRO on any question arising in respect of a ballot paper is final, but may be subject to review on an election petition.

Re-count

52

(1) A candidate or his election agent or a counting agent authorised under rule 30(3) may, if present when the counting or any re-count of the votes, is completed, require the CRO to have the votes re-counted or again re-counted but the CRO may refuse to do so if in his opinion the request is unreasonable.

(2) No step may be taken on the completion of the counting or any re-count of votes, until the candidates and election agents and counting agents authorised under rule 30(1) present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.

(3) The CRO may determine the extent to which any re-count involves the electronic counting of votes.

(4) When the returning officer uses the electronic counting system for the re-counting of votes, he must not re-consider any decision made on any ballot paper under rule 50(6).

Procedure at conclusion of local count

53

(1) As soon as practicable after the conclusion of the local count (including any re-count), the CRO must draw up a statement showing—

(a) the total number of ballot papers used,

(b) the total number of rejected ballot papers,

(d) ... the number of votes given for each candidate.

(2) As soon as practicable after the statement is drawn up under paragraph (1), the CRO must inform the GLRO of its contents, and if it is practicable to do so, must also provide that information so as to show the total number of votes under each of those heads in each ward ....

(3) As soon as practicable after the GLRO has authorised him to do so, the CRO must—

(a) inform such of the candidates and their election agents as are then present of the contents of the statements prepared in accordance with rule 50 and paragraph (1) of this rule, and

(b) give public notice of the contents of those statements.

Attendance at the central calculation

54

(1) The GLRO must make arrangements for making the calculations made under rule 55 in the presence of the election agents and he must give to those agents notice in writing of the time and place at which he will begin the calculation.

(2) No person other than—

(a) the GLRO and his clerks,

(b) the CROs and a clerk or technical assistant chosen by each of them,

(d) the election agents,

(e) persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000,

(f) at an ordinary election, the persons permitted to be present at the allocation of seats for London Members of the London Assembly,

may be present at a calculation, unless permitted by the GLRO to attend.

(3) A person not entitled to attend a calculation must not be permitted to do so by the GLRO unless he—

(a) is satisfied that the efficiency of the calculation will not be impeded, and

(b) has either consulted the election agents or thought it impracticable to do so.

The first calculation and resolution of equality

55

(1) As soon as the GLRO has received the information required by rule 53 from every CRO he must ascertain the total number of votes given in the Assembly constituencies to each candidate.

(2) As soon as the GLRO has ascertained the result of the calculation, he must inform such of the election agents as are then present of the relevant figures and must give them a reasonable opportunity to satisfy themselves as to the accuracy of the calculation.

(3) In paragraph (2), “the relevant figures” means the number of votes given in each Assembly constituency for each candidate and the total number of votes given for each candidate.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where the total number of votes given for each candidate is unequal the person to be returned as the Mayor is the candidate to whom the majority of the votes is given.

(6) Where there is an equality in the total number of votes given for any candidates and the addition of a vote would entitle any of those candidates to be returned as the Mayor, the GLRO must forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.

(7) In a case to which paragraph (5) or (6) applies, the declaration of the person to be returned as the Mayor must be made in accordance with rule 57.

PART 5 — Further Provision: More Than Two Candidates

The second calculation and resolution of equality

56

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 6 — Final Proceedings In Contested And Uncontested Elections

Declaration of result

57

(1) The GLRO must declare to be elected as the Mayor of London the candidate who, in accordance with section 4(2) of the 1999 Act (including that provision as applied by section 16(4) at an election to fill a vacancy), is to be returned as the Mayor at that election.

(2) The GLRO must give public notice of—

(a) the name of the of the person declared to be elected and his authorised description, if any, within the meaning of rule 6(5) or (7),

(b) the total number of ... votes given for each candidate,

(d) the number of rejected ballot papers at the election under each head shown in the statement of rejected ballot papers, ...

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In an uncontested election, the GLRO must as soon as practicable after the latest time for the delivery of notices of withdrawals of candidature—

(a) declare to be elected the candidate remaining validly nominated, and

(b) give public notice of the name of the person declared to be elected and his authorised description, if any, within the meaning of rule 6(5) or (7).

(4) Subject to paragraph (5), after the GLRO complies with paragraphs (1) and (2), he may, in so far as is practicable, give public notice of the information referred to paragraph (2)(b) and (d) so as to set out the number of votes falling under each of those heads, in respect of each ward.

(5) Where the sum of ... votes given for all candidates in any ward does not exceed 500, the GLRO must not give notice under paragraph (4) in respect of that ward alone, but must amalgamate the figures for that ward with those for any other ward in which more than 500 votes have been given, in the same Assembly constituency.

Return or forfeiture of candidate's deposit

58

(1) Unless forfeited in accordance with paragraph (5), the deposit made under rule 9 must be returned to the person making it or his personal representative.

(2) Subject to paragraph (4), the deposit must be returned not later than the next day after that on which the result of the election is declared.

(3) For the purposes of paragraph (2)—

(a) a day must be disregarded if, in accordance with rule 4, it would be disregarded in computing any period of time for the purposes of the timetable for the election, and

(b) the deposit must be treated as being returned on a day if a cheque for the amount of the deposit is posted on that day.

(4) If the candidate is not shown as standing nominated in the statement of persons nominated, or if proof of his death has been given to the GLRO before the ... calculation under rule 55, the deposit must be returned as soon as practicable after the publication of the statement or after his death, as the case may be.

(5) Where a poll is taken, if, after the ... calculation under rule 55, the candidate is found not to have polled more than one-twentieth of the total number of ... votes polled by all the candidates, the deposit must be forfeited to the Greater London Authority.

PART 7 — Disposal Of Documents

Sealing up of ballot papers

59

(1) On the completion of the counting at a contested election the CRO must seal up in separate packets the counted and rejected ballot papers.

(2) Where some or all of the votes have been counted using the electronic counting system, the CRO must also seal up in a separate packet a complete electronic record (“the electronic record”) of the information stored in the electronic counting system, held in such device as may be suitable for the purpose of its storage.

(3) After making the electronic record under paragraph (2), the CRO must arrange for the original records in the electronic counting system to be removed from it and destroyed in a manner that ensures that the secrecy of those records is preserved.

(4) The CRO must not open the sealed packets of—

(a) tendered ballot papers,

(b) certificates as to employment on duty on the day of the poll,

(ba) the completed ballot paper refusal list,

(d) marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and lists of proxies.

Delivery and retention of documents

60

(1) The CRO must then forward the following documents to the relevant registration officer—

(a) the packets of ballot papers in his possession,

(b) the packet containing the electronic record (if any),

(c) the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts,

(d) the tendered votes lists, the lists of voters with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, the lists maintained under rule 44 and the declarations made by the companions of voters with disabilities,

(da) the packet containing the completed ballot paper refusal list,

(e) the packets of the completed corresponding number lists,

(f) the packets of certificates as to employment on duty on the day of the poll, and

(g) the packets containing marked copies of registers (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the postal voters list, of the lists of proxies and of the proxy postal voters list,

endorsing on each packet a description of its contents, the date of the election to which they relate and the name of the Assembly constituency for which the election was held.

Orders for production of documents

61

(1) An order—

(a) for the inspection or production of any rejected ballot papers in the custody of the relevant registration officer, or

(b) for the opening of a packet containing the electronic record or a sealed packet of completed corresponding number lists or certificates as to employment on duty on the day of the poll or the inspection of any counted ballot papers in the custody of the relevant registration officer,

may be made by a county court, if the court is satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of an election petition.

(1A) An order—

(a) for the opening of the sealed packet containing a completed ballot paper refusal list, or

(b) for the inspection or production of that list,

may be made by the county court if satisfied by evidence on oath that the order is required for the purpose of an election petition.

(2) An election court may make an order for the opening of a packet containing the electronic record or a sealed packet of completed corresponding number lists or certificates or for the inspection of any counted ballot papers in the custody of the relevant registration officer.

(3) An order under this rule may be made subject to such conditions as to—

(a) persons,

(b) time,

(d) production or opening,

as the court making the order thinks expedient; but in making and carrying into effect an order for the opening of a packet containing the electronic record or a packet of completed corresponding number lists or certificates or for the inspection of counted ballot papers, care must be taken that the way in which the vote of any particular elector has been given must not be disclosed until it has been proved—

(i) that his vote was given, and

(ii) that the vote has been declared by a competent court to be invalid.

(4) An appeal lies to the High Court from any order of a county court under this rule.

(5) Any power given under this rule to a county court may be exercised by any judge of the court otherwise than in open court.

(6) Where an order is made for the production by the relevant registration officer of any document in his custody relating to any specified election—

(a) the production by him or his agent of the document or electronic record ordered in such manner as may be directed by that order will be conclusive evidence that the document or electronic record relates to the specified election, and

(b) any endorsement on any packet of ballot papers so produced will be prima facieevidence that the ballot papers are what they are stated to be by the endorsement.

(7) The production from proper custody of—

(a) a ballot paper purporting to have been used at any election, or

(b) a copy of the electronic record which purports to record that a particular ballot paper was used at any election, and

a completed corresponding number list with a number written beside the number of the ballot paper, will be prima facieevidence that the elector whose vote was given by that ballot paper was the person who, at the time of the election, had affixed to his entry in the register of electors or on the notice issued under section 13B(3B) or (3D) of the 1983 Act, the same number as was written on the completed corresponding number list.

(8) Unless authorised by this rule, no person may be allowed to inspect any rejected or counted ballot papers in the custody of the relevant registration officer or open any sealed packets of completed corresponding number lists, certificates of employment on the day of the poll or containing the electronic record.

Retention and destruction of documents and records

62

The relevant registration officer must retain or cause to be retained for one year all documents and, where applicable, electronic records relating to an election forwarded to him in pursuance of these Rules by a CRO, and then, unless otherwise directed by an order of a county court, a Crown Court, a magistrate's court or an election court, must cause them to be destroyed.

PART 8 — Death Of Candidate

Deceased independent candidate

63

(1) This rule applies if at a contested election proof is given to the GLRO's satisfaction before the result of the election is declared that one of the persons named or to be named in the ballot papers as an independent candidate has died.

(2) Subject to this rule and rules 65 and 66, these rules apply to the election as if the candidate had not died.

(3) The following provisions of these rules do not apply in relation to the deceased candidate—

(a) rule 33(1)(c) and (d) (admission to polling station),

(b) rule 47(2)(c) to (e) (attendance at count),

(4) If only two persons are shown as standing nominated in the statement of persons nominated the GLRO must—

(a) if polling has not begun, countermand the notice of poll,

(b) if polling has begun, direct that the poll is abandoned, and

(5) For the purposes of this rule a person is named or to be named on the ballot papers as an independent candidate if the description (if any) on his nomination paper is not authorised as mentioned in rule 6(5) or (7).

Deceased independent candidate wins

64

(1) This rule applies if at an election mentioned in rule 63 the deceased candidate is given a majority of votes in accordance with rule 55(5) or (6).

(2) Rule 57 (declaration of result) does not apply but the GLRO must—

(a) declare that the majority ... of votes has been given to the deceased candidate,

(b) declare that no person is returned, and

(c) give public notice of the relevant figures supplied to election agents in accordance with rule 57(2) together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.

(3) The provisions of these Rules as to the inspection, production, retention and destruction of ballot papers and other documents apply to any documents relating to a poll to which paragraph (1) applies as they would if the election had resulted in a declaration under rule 57.

(4) Rule 58 (return or forfeiture of candidate's deposit) does not apply in relation to the remaining candidates.

(5) The election must be commenced afresh within the period of 35 days (computed in accordance with rule 4) beginning with the day of the election to which paragraph (1) applies.

(6) The proceedings with reference to the recommenced election must be conducted in accordance with these Rules as modified by the following provisions of this rule and the provisions in the By-election timetable.

(7) No fresh nomination is necessary in the case of a person shown in the statement of persons nominated for the election to which paragraph (1) applies, and no other nomination may be made for the recommenced election.

(8) Instead of the information required by rule 5(1)(a) (date by which nomination papers must be received), the notice of election issued at the recommenced election must state that no fresh nomination may be made.

(9) Rule 9 (deposit) does not apply.

Deceased party candidate

65

(1) This rule applies if—

(a) at a contested election, proof is given to the GLRO's satisfaction before the result of the election is declared that one of the persons named or to be named as a candidate in the ballot paper has died, and

(b) that person is standing in the name of a registered party.

(2) The GLRO must—

(a) countermand notice of the poll, or

(b) if polling has begun, direct that the poll be abandoned,

and the provisions of section 39(1) and (5) (local elections void etc. in England and Wales) of the 1983 Act apply in respect of the unfilled vacancy.

(3) For the purposes of this rule—

(a) a person stands in the name of a registered party if his nomination paper contains a description which is authorised as mentioned in rule 6(5) or (7),

(b) a registered party is a party which is registered under Part 2 of the 2000 Act.

Abandoned poll

66

(1) This rule applies to—

(a) a poll which is abandoned in pursuance of rule 63(4)(b) as if it were a poll at a contested election, or

(b) a poll which is abandoned in pursuance of rule 65(2)(b)

(2) The presiding officer at any polling station must take the like steps (so far as not already taken) for the delivery to the CRO of the ballot box and of ballot papers and other documents in his possession as he is required to do on the close of the poll.

(3) The CRO must dispose of the ballot papers and other documents in his possession as he is required to do on the completion of the counting of the votes.

(4) It is not necessary for a ballot paper account to be prepared or verified.

(5) The CRO must take no step or further step for the counting of the ballot papers or of the votes.

(6) The CRO must seal up all the ballot papers (whether the votes on them have been counted or not) and it will not be necessary to seal up counted and rejected ballot papers in separate packets.

(7) The provisions of these Rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at an election apply subject to the modifications in paragraphs (8) and (9).

(8) Ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers.

(9) No order is to be made for—

(a) the production or inspection of any ballot papers, or

(b) for the opening of a sealed packet of completed corresponding number lists or certificates as to employment on duty on the day of the poll,

unless the order is made by a court with reference to a prosecution.

SCHEDULE 4 — MANUAL COUNT RULES

Citation

1

This Schedule may be cited as the Manual Count Rules.

Interpretation

2

(1) In this Schedule—

“CMER” means the Constituency Members Election Rules in Schedule 1;

“LMER” means the London Members Election Rules in Schedule 2;

“MER” means the Mayoral Election Rules in Schedule 3.

3

If the votes at an Authority election are counted without the use of an electronic counting system, the CMER, the LMER and the MER will have effect as if the provisions listed in column (1) of Table 1 were modified as shown in column (2).

SCHEDULE 5 — THE CONSTITUENCY MEMBERS ELECTION RULES

PART 1 — General Provisions

Citation

1

This Schedule may be cited as the Constituency Members Election Rules.

Interpretation

2

(1) In the rules in this Schedule, unless the context indicates otherwise—

“Combination of Polls Regulations” means the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 ;

“counting observer” has the same meaning as in regulation 2 of the Referendum Regulations;

“counting officer” has the same meaning as in regulation 9 of the Referendum Regulations;

“election” means an election of a constituency member of the London Assembly;

“electoral area” where the Authority election is held together with a referendum, includes a voting area where the referendum is held;

“local authority mayoral election” means an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 ;

“petition organiser” has the same meaning as in regulation 3 of the Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000 ;

“polling observer” has the same meaning as in regulation 2 of the Referendum Regulations;

“referendum” means a referendum conducted under the Referendum Regulations;

“Referendum Regulations” means the Local Authorities (Conduct of Referendums) (England) Regulations 2007 ;

“relevant election or referendum” means one or more of the following—a Parliamentary election,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .a local government election (including another Authority election where more than one is taken together),a local authority mayoral election or referendum in accordance with regulations made under sections 44 and 105, or 45 and 105, of the Local Government Act 2000 ;

“voting area” has the same meaning as in regulation 2 of the Referendum Regulations.

(2) In the case of a referendum, a reference to—

(a) a “candidate” shall be construed as a reference to a counting observer,

(b) a “election agent” shall be construed as a reference to a counting observer,

(d) a “returning officer” shall be construed as a reference to a counting officer.

(3) Reference to a rule by number alone is a reference to the rule so numbered in this Schedule.

PART 2 — Provisions As To Time

Timetable

3

The proceedings at the election must be conducted in accordance with the following timetable:

Computation of time

4

(1) In computing any period of time for the purposes of the Timetable—

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day, Good Friday or a bank holiday, or

must be disregarded, and any such day must not be treated as a day for the purpose of any proceedings up to the completion of the poll nor may the CRO 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 in England and Wales.

PART 3 — Stages Common To Contested And Uncontested Elections

Notice of election

5

(1) The CRO must publish notice of the election stating—

(a) the place and times at which nomination papers are to be delivered, and

(b) the date of the poll in the event of a contest,

and the notice must state that forms of nomination papers may be obtained at that place and those times.

(2) The notice of election must state the arrangements (if any) which apply for the payment of the deposit required by rule 8 by means of the electronic transfer of funds.

(3) The notice of election must state the date by which—

(a) applications to vote by post or by proxy, and

(b) other applications and notices about postal or proxy voting,

must reach the registration officer for local government electors in order that they may be effective for the election.

Nomination of candidates

6

(1) Each candidate must be nominated by a separate nomination paper, which must be—

(a) in the appropriate form, and

(b) delivered to the place fixed for the purpose by the CRO, which must be at the offices of a local authority within the Assembly constituency, before the last time for the delivery of nomination papers.

(2) The nomination paper must state the candidate's—

(a) full names, and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and the surname must be placed first in the list of names.

(3) If a candidate—

(a) commonly uses a surname that is different from any other surname the candidate has,

(b) commonly uses a forename that is different from any other forename the candidate has, or

(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a),

the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).

(4) The description (if any) can only be—

(a) one authorised as mentioned in paragraph (5) or (7), or

(b) the word “Independent”.

(5) A nomination paper may not include a description of a candidate that is likely to lead electors to associate the candidate with a registered party unless—

(a) the party is a qualifying party in relation to the electoral area, and

(b) the description is authorised by a certificate—

(i) issued by or on behalf of the registered nominating officer of the party, and

(ii) received by the CRO before the last time for the delivery of nomination papers set out in the timetable in rule 3.

(6) In paragraph (5) an authorised description may be either—

(a) the name of the party registered under section 28 of the Political Parties, Elections and Referendums Act 2000 , or

(b) a description of the party registered under section 28A of that Act.

(7) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with two or more registered political parties unless the parties are each qualifying parties in relation to the electoral area and the description is a registered description authorised by a certificate—

(a) issued by or on behalf of the registered nominating officer of each of the parties, and

(b) received by the CRO before the last time for the delivery of nomination papers set out in the timetable in rule 3.

(8) For the purposes of paragraph (7), a description is a registered description if it is a description registered for use by the parties under section 28B of the 2000 Act .

(9) A person will be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (5) or (7) on behalf of a registered party's nominating officer.

(9A) The nomination paper must be accompanied by a form (in this Schedule referred to as “the home address form”) which states—

(a) the candidate’s—

(i) full names,

(ii) home address in full, and

(iii) qualifying address or, if the candidate declares that they are qualified by more than one of the qualifications mentioned in paragraph (9D), qualifying addresses;

(b) in relation to each qualifying address, which of the qualifications mentioned in paragraph (9D) that address relates to;

(i) full names, and

(ii) home address in full.

(9B) The home address form—

(a) may contain a statement made and signed by the candidate that the candidate requires their home address not to be made public, and

(b) if it does so, must—

(i) where the candidate’s home address is in the United Kingdom, state the name of the relevant area;

(ii) where the candidate’s home address is outside the United Kingdom, state the country in which it is situated.

(9C) The provisions in paragraph (1)(b) about the delivery of the nomination paper also apply to the home address form.

(9D) In this rule, “qualifying address”, in relation to a candidate, means—

(a) if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of being registered as a local government elector for Greater London, the address at which they are so registered;

(b) if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of occupying as owner or tenant any land or other premises in Greater London, a description and address of that land or those premises;

(c) if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of their principal or only place of work being in Greater London, the address of that place of work;

(d) if the candidate declares in their consent to nomination that they are qualified to be elected by virtue of residing in Greater London, the address, or addresses, at which the candidate has so resided.

(9E) In this rule—

“attesting person”, in relation to a candidate, means the person who attests the candidate’s consent to nomination in accordance with rule 7(1)(b);

“relevant area” means—in relation to a home address in England—if the address is within a district for which there is a district council, that district;if the address is within a county for which there are no districts with councils, that county;if the address is within a London borough, that London borough;if the address is within the City of London (including the Inner and Middle Temples), the City of London;if the address is within the Isles of Scilly, the Isles of Scilly;in relation to a home address in Wales—if the address is within a county, that county;if the address is within a county borough, that county borough;in relation to a home address in Scotland, the local government area in which the address is situated;in relation to a home address in Northern Ireland, the local government district in which it is situated.

(10) For the purposes of the application of these rules in relation to an election—

(a) “registered party” means a party which was registered under Part 2 of the 2000 Act on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at that election,

(b) a registered party is a qualifying party in relation to an electoral area if on the relevant day the party was registered in respect of England in the Great Britain register maintained under that Part of that Act.

(11) For the purposes of paragraph (10)(a), any day falling within rule 4(1) must be disregarded.

7

(1) A person will not be validly nominated unless his consent to nomination—

(a) is given in writing in the appropriate form, or a form to like effect, on or within one month before the last day for the delivery of nomination papers,

(b) is attested by one witness ..., and

(2) A candidate's consent given under this rule must—

(a) state the day, month and year of his birth, and

(b) contain a statement that to the best of the candidate's knowledge and belief he is not disqualified from being elected by reason of—

(i) any disqualification set out in section 21 or 21A (disqualification from being the Mayor or an Assembly member) of the 1999 Act, ...

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) an order made under section 34(4) of the Localism Act 2011 (offences) or section 30 of the Elections Act 2022 (disqualification orders).

Deposits

8

(1) A person will 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—

(a) by the deposit of any legal tender, or

(b) by means of a banker's draft, or

(c) with the CRO's consent, in any other manner including by means of a debit or credit card or the electronic transfer of funds,

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 must 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 and a home address form are delivered, and the deposit is made, in accordance with this Part of these Rules, the candidate must be deemed to stand nominated unless and until—

(a) the CRO decides that the nomination paper is invalid, or

(aa) the CRO decides that the home address form—

(i) does not comply with the requirements of rule 6(9A), or

(ii) if the form contains a statement under rule 6(9B)(a), does not comply with the signature requirement in that rule or with the requirements of rule 6(9B)(b), or

(b) proof is given to the CRO's satisfaction of the candidate's death, or

(2) The CRO is entitled to hold a nomination paper invalid only on the grounds—

(a) that the particulars of the candidate on the nomination paper are not as required by law; ...

(b) that the paper breaks rule 6(5) or (7) or

(c) that an order under section 30 of the Elections Act 2022 (disqualification orders) has effect in relation to the candidate.

(3) Subject to paragraph (4), the CRO must, as soon as practicable after each nomination paper and home address form have been delivered, examine them and decide whether the candidate has been validly nominated.

(4) If in the CRO's opinion a nomination paper breaks rule 6(5) or (7), he must give a decision to that effect—

(a) as soon as practicable after the delivery of the nomination paper, and

(b) in any event, before the end of the period of 24 hours starting with the end of the period for the delivery of nomination papers set out in the timetable in rule 3.

(5) Where the CRO decides that a nomination paper is invalid, he must endorse and sign on the paper the fact and the reasons for his decision.

(6) The CRO must, as soon as practicable after making a decision under paragraph (3) or (4) that a nomination paper is valid or invalid, send notice of that decision to the candidate at his home address as given in his home address form.

(7) The CRO's decision that a nomination paper is valid is final and must not be questioned in any proceeding whatsoever.

(8) Subject to paragraph (7), 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 must prepare and (subject to paragraph (11)) publish a statement showing the persons who have been and stand nominated and any other persons who have been nominated together with the reason why they no longer stand nominated.

(2) The statement must show the names ... and descriptions of the persons nominated as given in their nomination papers.

(2A) The statement must also show the following information contained in the home address form—

(a) where a person nominated has made the statement mentioned in rule 6(9B)(a) requiring their home address not to be made public, the information mentioned in rule 6(9B)(b),

(b) in any other case, the home address of the person nominated.

(3) If a person's nomination paper gives a commonly used surname or forename, or both surname and forename, in accordance with rule 6(3), the statement must show the person's commonly used surname or forename, or both surname and forename (as the case may be) instead of the other surname or forename.

(4) Paragraph (3) does not apply if the CRO thinks—

(a) that the use of the person's commonly used name may be likely to mislead or confuse electors, or

(b) that the commonly used name is obscene or offensive.

(5) If paragraph (4) applies, the CRO must give notice in writing to the candidate of his reasons for refusing to allow the use of a commonly used name.

(6) The statement must 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.

(6A) Where—

(a) two or more of the names shown on the statement are the same or so similar it is likely to cause confusion,

(b) each of the persons in question has made the statement mentioned in rule 6(9B)(a), and

the CRO may cause any of their particulars to be shown on the statement with such amendments or additions as the CRO thinks appropriate in order to reduce the likelihood of confusion.

(6B) Where it is practicable to do so before the publication of the statement, the CRO must consult any person whose particulars are to be amended or added to under paragraph (6A).

(6C) The CRO must give notice in writing to any person whose particulars are amended or added to under paragraph (6A).

(6D) Anything done by the CRO in pursuance of paragraph (6A) must not be questioned in any proceedings other than proceedings on an election petition.

(6E) The CRO must have regard to any guidance issued by the Electoral Commission for the purposes of paragraph (6A).

(7) In the case of a person nominated by more than one nomination paper, the CRO must 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.

(8) Paragraphs (9) to (11) apply at an ordinary election.

(9) As soon as possible after all decisions under rule 9 which are required to be made have been made, the CRO must arrange for a copy of the statement that the CRO has prepared and proposes to publish to be delivered to the GLRO.

(10) If, after having delivered the statement mentioned in paragraph (9) to the GLRO, the CRO receives notification from the GLRO under rule 13(4) that a candidate is deemed to have withdrawn his or her candidature, the CRO must amend that statement accordingly.

(11) The CRO may not publish the statement under paragraph (1) until—

(a) the CRO has made any amendments required under paragraph (10), or

(b) where no notification under rule 13(4) is received from the GLRO, the time by which the GLRO must give such notification has passed.

Correction of minor errors

11

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