Greater London Authority Bill - continued        House of Lords
SCHEDULE 3, AMENDMENTS OF THE REPRESENTATION OF THE PEOPLE ACTS - continued

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Effect of default in election agent's appointment
      14. After section 70 there shall be inserted-
 
 
"Application of s.70 in relation to election of London members of the London Assembly.     70A. - (1) Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election-
 
    (a) section 70 shall not apply in relation to those candidates, but
 
    (b) the following provisions of this section shall have effect in place of that section.
      (2) If no person's name and address is given as required by virtue of section 67(1A) above as the election agent of all of the candidates included in the list who remain validly nominated at the latest time for delivery of notices of withdrawals-
 
 
    (a) the candidate whose name appears highest on the list shall be deemed at that time to have been named on behalf of the party as election agent for all of the candidates; and
 
    (b) any appointment of another person as election agent for those candidates shall be deemed to have been revoked.
      (3) If-
 
 
    (a) the person whose name and address have been so given as those of the election agent for the candidates dies, and
 
    (b) a new appointment is not made on the day of the death or on the following day,
  the candidate whose name appears highest on the list shall be deemed to have been named on behalf of the party as election agent for all of the candidates as from the time of death.
 
      (4) If the appointment of the election agent for the candidates is revoked without a new appointment being made, the candidate whose name appears highest on the list shall be deemed to have been appointed (or re-appointed) election agent.
 
      (5) The deemed appointment of a candidate as election agent may be revoked as if it were an actual appointment.
 
      (6) Where a candidate included in the list is by virtue of this section to be treated as election agent, he shall be deemed to have his office-
 
 
    (a) at his address as given in the statement as to persons nominated; or
 
    (b) if that address is outside the permitted area for the office, at the qualifying address of the person (or first person) named in that statement as his proposer.
      (7) The appropriate officer, on being satisfied that a candidate is by virtue of this section to be treated as election agent, shall forthwith proceed to publish the like notice as if the name and address of the candidate and the address of his office had been duly given to him under sections 67 and 69 above."
 
 
Election expenses
      15. - (1) Section 72 shall be amended as follows.
 
      (2) In subsection (3) (parliamentary election where sub-agents are allowed) after "parliamentary" there shall be inserted "or Authority".
 
 
Payment of expenses through election agent
      16. - (1) Section 73 shall be amended as follows.
 
      (2) In subsection (3) (parliamentary election where sub-agents are allowed) after "parliamentary" there shall be inserted "or Authority".
 
 
Candidate's personal expenses and petty expenses
      17. - (1) Section 74 shall be amended as follows.
 
      (2) In subsection (1) (which authorises a candidate to pay personal expenses, but subject to a limit in the case of a parliamentary election) after "but" there shall be inserted "(a)" and for "and" there shall be substituted-
 
 
    "(b) the amount which a candidate at an election of a constituency member of the London Assembly may pay shall not exceed £600, and
 
    (c) the amount which a candidate to be a London member of the London Assembly at an ordinary election may pay shall not exceed £900,
  and, where paragraph (a), (b) or (c) above applies,".
 
      (3) After subsection (1) there shall be inserted-
 
 
    "(1A) In the application of subsection (1) above in relation to a person who is a candidate in two or more Authority elections at an ordinary election, those elections shall be treated as if they together constituted a single election falling within paragraph (c) of that subsection."
 
 
Limitation of election expenses
      18. - (1) Section 76 shall be amended as follows.
 
      (2) After subsection (1) (which limits the expenditure which may be incurred by a candidate or his agent in respect of the conduct or management of the election) there shall be inserted-
 
 
    "(1A) Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, subsection (1) above shall not have effect in relation to any of those candidates or his election agent; but-
 
 
    (a) any sums paid or expenses incurred as mentioned in that subsection by any of those candidates or the election agent must not in the aggregate exceed the maximum amount specified in this section; and
 
    (b) a candidate or election agent who knowingly acts in contravention of this subsection shall be guilty of an illegal practice."
      (3) In subsection (2)(b) (which specifies the maximum amount for a local government election) after "a local government election" there shall be inserted "other than an Authority election".
 
      (4) After subsection (2) there shall be inserted-
 
 
    "(2A) As respects Authority elections, each of the following, that is to say-
 
 
    (a) the maximum amount for a candidate in an election of the Mayor of London,
 
    (b) the maximum amount for a candidate in an election of a constituency member of the London Assembly,
 
    (c) the maximum amount for an individual candidate in an election of the London members of the London Assembly at an ordinary election,
 
    (d) the maximum amount for the purposes of subsection (1A) above,
  shall be such as the Secretary of State may prescribe in an order made by statutory instrument.
 
      (2B) An order under subsection (2A) above shall not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament."
 
      (5) In subsection (5) (maximum amount not to cover personal expenses of candidate at a parliamentary election) after "parliamentary election" there shall be inserted "or an Authority election (including the maximum amount for the purposes of subsection (1A) above)".
 
 
Power to vary provisions concerning election expenses
      19. - (1) Section 76A shall be amended as follows.
 
      (2) In subsection (1) (power to vary the sums stated in specified provisions) after "74(1)" there shall be inserted "(a), (b) or (c)".
 
 
Expenses limit for joint candidates at local election
      20. - (1) Section 77 shall be amended as follows.
 
      (2) In subsection (1) (reduction of maximum amount under section 76 in the case of joint candidates at a local government election) after "local government election" there shall be inserted "other than an Authority election".
 
 
Declarations as to election expenses
      21. - (1) Section 82 shall be amended as follows.
 
      (2) In subsection (4) (persons before whom declaration as to election expenses may be made) in paragraph (a), after "London borough" there shall be inserted "or the proper officer of the Greater London Authority".
 
 
Broadcasting during elections
      22. - (1) Section 93 shall be amended as follows.
 
      (2) In subsection (1), after "local government election" there shall be inserted ", other than an Authority election,".
 
 
Candidate reported guilty of corrupt or illegal practice
      23. - (1) Section 159 shall be amended as follows.
 
      (2) In subsection (3) (reported candidate to be incapable of holding corporate office in the local government area concerned etc) in the definition of "corporate office" after "in England and Wales means the office of" there shall be inserted "Mayor of London or member of the London Assembly, of".
 
 
General provisions as to interpretation
      24. - (1) Section 202 shall be amended as follows.
 
      (2) In subsection (1), for the definition of "proper officer" there shall be substituted-
 
 
 
    " "proper officer"-
      (a) in relation to the Greater London Authority, has the same meaning as in the 1999 Act (see section 329(2) of that Act);
 
      (b) except as provided by paragraph (a) above, in England and Wales means a proper officer within the meaning of section 270(3) and (4) of the Local Government Act 1972;".
 
Interpretation: local government provisions
      25. - (1) Section 203 (local government provisions as to England and Wales) shall be amended as follows.
 
      (2) In subsection (1), the following definitions shall be inserted at the appropriate places-
 
 
    ""the 1999 Act" means the Greater London Authority Act 1999;";
    ""Assembly constituency" has the same meaning as in the 1999 Act (see section 2(4) and (5) of that Act);";
 
    ""Authority election" means-
 
      (a) any election of the Mayor of London;
 
      (b) any election of a constituency member of the London Assembly; or
 
      (c) the election of the London members of the London Assembly at an ordinary election;";
    ""constituency member", in relation to the London Assembly, has the same meaning as in the 1999 Act;";
 
    ""election of a constituency member of the London Assembly" means-
 
      (a) any such election at an ordinary election; or
 
      (b) an election under section 10 of the 1999 Act (election to fill a vacancy in an Assembly constituency);"
    ""election of the Mayor of London" means-
 
      (a) any such election at an ordinary election; or
 
      (b) an election under section 16 of the 1999 Act (election to fill a vacancy in the office of Mayor of London);";
 
    ""London member", in relation to the London Assembly, has the same meaning as in the 1999 Act;".
      (3) In subsection (1), in the definition of "electoral area", after "means" there shall be inserted "(a)" and at the end of the definition there shall be added
 
 
      "(b) Greater London, in the case of-
 
      (i) any election of the Mayor of London; or
 
      (ii) the election of the London members of the London Assembly at an ordinary election;
 
      (c) any Assembly constituency for which the election of a constituency member of the London Assembly is held;".
      (4) In subsection (1)-
 
 
    (a) in the definition of "local authority", after "means" there shall be inserted "the Greater London Authority,";
 
    (b) in the definition of "local government area", after "means" there shall be inserted "Greater London,";
 
    (c) in the definition of "local government election", after "means" there shall be inserted "(a)" and at the end of the definition there shall be added "; or
 
      (b) any Authority election".
      (5) After subsection (1) there shall be inserted-
 
 
    "(1A) In the application of this Act in relation to England and Wales, unless the context otherwise requires, any reference to-
 
 
    (a) a local government election, or
 
    (b) an election under the local government Act,
  shall be taken to include a reference to an Authority election.
 
      (1B) Any reference in this Act to a registered political party submitting a list of candidates to be London members of the London Assembly at an ordinary election shall be construed in accordance with section 4(5)(a) of, and Part II of Schedule 2 to, the 1999 Act."
 
      (6) For subsection (2) (application of Part I in relation to the City and parliamentary elections) there shall be substituted-
 
 
    "(2) The following provisions of this Act, namely-
 
 
    (a) Part I, so far as it has effect for the purposes of parliamentary elections, and
 
    (b) Parts I to III, so far as they have effect for the purposes of Authority elections,
  shall (subject to any express provision contained in the Part or Parts in question) apply in relation to the City as if the City were a London borough and the Common Council were a London borough council.
 
  For the purposes of this subsection the Inner Temple and the Middle Temple shall be treated as forming part of the City."
 
 
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