Greater London Authority Bill -
Amendments to be debated in the House of Lords
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Schedule 3
 
  
BY THE LORD WHITTY
 
25     Page 212, line 30, at end insert-- 
 ("Requirement of secrecy 
     .--(1) Section 66 shall be amended as follows.
 
    (2)  After subsection (6) there shall be added--
        "(7)  In their application in relation to an election of the London members of the London Assembly at an ordinary election, the preceding provisions of this section shall have effect with the insertion, after the words "the candidate for whom", in each place where they occur, of ",  or the registered political party towards the return of whose candidates,".
        (8)  In relation to an election of the London members of the London Assembly at an ordinary election, any reference in this section to the return of a registered political party's candidates is a reference to the return of candidates included in the list of candidates submitted by the registered political party for the purposes of the election.")
 
26     Page 215, line 21, at end insert--
    ("(aa)  the amount which a candidate at an election of the Mayor of London may pay shall not exceed £5,000,")
 
27     Page 215, line 27, after ("(a),") insert ("(aa),") 
28     Page 215, line 30, leave out ("at an ordinary election") 
29     Page 215, line 31, after ("treated") insert--
    ("(a)  if one of them is an election of the Mayor of London, as if they together constituted a single election falling within paragraph (aa) of that subsection, and
    (b)  in any other case,")
 
30     Page 216, line 33, at end insert-- 
 ("Return as to election expenses 
     .--(1) Section 81 shall be amended as follows.
 
    (2)  After subsection (1) (which allows 35 days after the day of the declaration for the making of the return) there shall be inserted--
        "(1A)  Subsection (1) above--
      (a)  in its application in relation to an election of the Mayor of London, shall have effect with the substitution for "35 days" of "70 days"; and
      (b)  in its application in relation to the election of the London members of the London Assembly at an ordinary election, shall have effect with the substitution for "35 days after the day on which the result of the election is declared" of "70 days after the day on which the last of the successful candidates at the election is declared to be returned."
    (3)  After subsection (5) there shall be inserted--
        "(6)  Where a registered political party submits a list of two or more candidates to be London members of the London Assembly at an ordinary election, the preceding provisions of this section shall have effect in relation to those candidates and their election agent with the following modifications.
        (7)  The return which the election agent is required to deliver under subsection (1) above--
      (a)  shall be in respect of all those candidates; and
      (b)  shall be in the form set out for the purpose in rules under section 36(2A) above or to the like effect.
        (8)  If any payments made by the election agent were in respect of two or more candidates, the return shall deal under a separate heading or subsection with all such payments, and the expenses to which they relate, in respect of those candidates.
        (9)  The statements which the return is required to contain by virtue of subsection (3) above in respect of the matters there mentioned shall be a separate statement of each such matter as respects each of the candidates in question.
        (10)  If and to the extent that any such matter is referable to two or more candidates together, the return shall contain a separate statement of that matter as respects those candidates.
        (11)  Where one of the candidates is the election agent, subsection (4) above shall have effect, as respects that candidate, as it has effect where a candidate is his own election agent.".")
 
31     Page 216, line 35, at end insert--
 
    ("(  )  In subsection (1) (declaration by agent) for "the form in Schedule 3 to this Act" there shall be substituted "the appropriate form".
 
    (  )  In subsection (2) (declaration by candidate) for "the form in that Schedule" there shall be substituted "the appropriate form".
 
    (  )  After subsection (2) there shall be inserted--
        "(2A)  For the purposes of subsections (1) and (2) above, "the appropriate form"--
      (a)  in the case of the election agent for the candidates on a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party, is the form set out for the purpose in rules under section 36(2A) above;
      (b)  in the case of any of the candidates included in such a list, is the form set out for the purpose in those rules; and
      (c)  in any other case, is the form in Schedule 3 to this Act.".")
 
32     Page 216, line 38, at end insert--
 
    ("(  )  After subsection (5) there shall be inserted--
        "(5A)  Where one of the candidates included in a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party is the election agent for those candidates, the declarations required by subsections (1) and (2) above shall instead be modified as specified in the form set out in the rules under section 36(2A) above.".")
 
33     Page 216, line 38, at end insert-- 
 ("Penalty for sitting or voting where no return and declarations transmitted 
     .--(1) Section 85 shall be amended as follows.
 
    (2)  After subsection (2) there shall be inserted--
        "(2A)  As respects Authority elections--
      (a)  subsections (1) and (2) above shall not apply in relation to a candidate in an election of the Mayor of London (for which separate provision is made by section 85A below);
      (b)  in the case of any other Authority election, the reference in subsection (2)(a) above to the council for the local government area for which the election was held shall be taken as a reference to the London Assembly; and
      (c)  in the case of a candidate included in a list submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members) by a registered political party, the references in subsection (1) above to the returns and declarations in respect of election expenses shall be taken as references to the declaration as to election expenses by the candidate.".")
 
34     Page 216, line 38, at end insert-- 
 ("Disqualification where no return and declarations transmitted after Mayoral election 
     . After section 85 there shall be inserted-- 
 "Disqualification where no return and declarations transmitted after election of Mayor of London.     85A.--(1) If, in the case of any candidate at an election of the Mayor of London, the return and declarations as to election expenses are not delivered before the expiry of the time limited for the purpose, the candidate shall be disqualified from being elected or being the Mayor of London or a member of the London Assembly.
 
    (2)  Any application under section 86 below by such a candidate for relief in respect of a failure to deliver the return and declarations as to election expenses must be made within the period of 6 weeks following the day on which the time limited for their delivery expires.
 
    (3)  A disqualification under subsection (1) above shall not take effect unless or until--
    (a)  the period specified in subsection (2) above for making an application for relief under section 86 below expires without such an application having been made; or
    (b)  if such an application is made, the application--
          (i)  is finally disposed of without relief being granted; or
          (ii)  is abandoned or fails by reason of non-prosecution.")
 
35     Page 216, line 38, at end insert-- 
 ("Publication of time and place for inspection of returns and declarations 
     .--(1) Section 88 shall be amended as follows.
 
    (2)  In the words preceding paragraph (a), after "At a parliamentary election" there shall be inserted "or an Authority election".
 
    (3)  In paragraph (a) (which requires publication of notices in at least two newspapers circulating in the constituency for which the election was held) after "the constituency" there shall be inserted "or electoral area".")
 
36     Page 216, line 42, at end insert-- 
 ("Schools and rooms for election meetings 
     .--(1) Section 96 shall be amended as follows.
 
    (2)  In subsection (1) (which entitles a candidate to the use of certain premises for holding public meetings in furtherance of his candidature) for "in furtherance of his candidature" there shall be substituted "to promote or procure the giving of votes at that election--
      (i)  for himself, or
      (ii)  if he is a candidate included in a list of candidates submitted by a registered political party at an election of the London members of the London Assembly at an ordinary election, towards the return of candidates on that list,".")
 
37     Page 216, line 42, at end insert-- 
 ("Bribery 
     .--(1) Section 113 shall be amended as follows.
 
    (2)  In subsection (2) (conduct which constitutes bribery) at the end of paragraph (ii) there shall be added "; and
      (iii)  references to procuring the return of any person at an election include, in the case of an election of the London members of the London Assembly at an ordinary election, references to procuring the return of candidates on a list of candidates submitted by a registered political party for the purposes of that election".")
 
38     Page 216, line 42, at end insert-- 
 ("Election court for local election and place of trial 
     .--(1) Section 130 shall be amended as follows.
 
    (2)  At the beginning of subsection (2)(b)(ii) (which provides that a person is not qualified to constitute an election court for the trial of a petition relating to a local government area in which he practises) there shall be inserted "except in the case of an Authority election,".")
 
39     Page 216, line 42, at end insert-- 
 ("Consequences of election etc of London members being declared void. 
     .--(1) In section 135 (consequences of local election declared void) after subsection (1) (which provides for a new election in certain cases) there shall be inserted--
        "(1A)  Subsection (1) above shall not apply in the case of an election of the London members of the London Assembly at an ordinary election (for which separate provision is made by section 135A below)."
    (2)  After section 135 there shall be inserted--
 
 "Consequences of election or return of London members being declared void.     135A.--(1) This section applies where the election court has made a determination under section 145 below at the conclusion of the trial of a petition questioning the election of the London members of the London Assembly at an ordinary election.
 
    (2)  Where, pursuant to section 145(6) below, the proper officer of the Greater London Authority receives the copy of the certificate of the election court's determination in relation to the election which was questioned, he shall send notice of the determination to the Greater London returning officer.
 
    (3)  If the election is not declared void but--
    (a)  the return of a candidate at the election is declared void, and
    (b)  no other person has been declared returned in his place,
the vacancy shall be filled (or, as the case may be, remain unfilled) as if it were a casual vacancy (see section 11 of the Greater London Authority Act 1999).
 
    (4)  If the election is declared void, a new election shall be held in the same manner as at an ordinary election.
 
    (5)  The date of the poll at the new election shall be fixed by the Greater London returning officer.
 
    (6)  The date fixed shall be no later than three months after the receipt by the Greater London returning officer of the notice under subsection (2) above.
 
    (7)  A new election shall not be held if the latest date which may be fixed for the poll falls within the period of three months preceding an ordinary election.
 
    (8)  If the determination of the election court is that the election is void, the Greater London returning officer shall inform the returning officer for each Assembly constituency of--
    (a)  the contents of the notice under subsection (2) above; and
    (b)  the date fixed for the poll at the new election.
    (9)  The results of the elections of the constituency members of the London Assembly at the last ordinary election shall have effect for the purposes of ascertaining the results of the new election.".")
 
40     Page 216, line 42, at end insert-- 
 ("Conclusion of trial of local election petition 
     .--(1) Section 145 shall be amended as follows.
 
    (2)  After subsection (1) (which specifies the questions to be determined by the election court) there shall be inserted--
        "(1A)  In the application of subsection (1) above in relation to an election of the London members of the London Assembly at an ordinary election, for the words from "shall determine" to "void," there shall be substituted "shall determine whether--
      (a)  the person or persons whose return is complained of were duly returned,
      (b)  some other person or persons should have been declared to be returned, or
      (c)  the election was void,".")
 
41     Page 216, line 42, at end insert-- 
 (" Election court determination in respect of election of Mayor or constituency member 
     . After section 145 there shall be inserted-- 
 "Determination in respect of election of Mayor of London or constituency member of London Assembly.     145A.--(1) This section applies where the election court makes a determination under section 145 above in respect of--
    (a)  the election of the Mayor of London, or
    (b)  the election of a constituency member of the London Assembly,
 
 
    and the conditions in subsections (2) and (3) below are satisfied.
 
     (2)  The first condition is that the determination of the election court is--
    (a)  that the person whose election is complained of was not duly elected; or
    (b)  that the election was void.
    (3)  The second condition is that the return of that person at that election was taken into account for the purpose of deciding which persons were to be returned as London members of the London Assembly.
 
    (4)  Where this section applies, the validity of the return of the London members of the London Assembly shall not be affected by--
    (a)  the determination of the election court; or
    (b)  in a case falling within subsection (1)(b) above, the subsequent return of a person as the constituency member for the Assembly constituency concerned.")
 
42     Page 217, line 6, at end insert-- 
 ("Avoidance of election for employing corrupt agent 
     .--(1) Section 165 shall be amended as follows.
 
    (2)  After subsection (3) (vote given for person incapable of being elected by reason of employing corrupt agent not to be deemed to be thrown away unless given for same person at a poll consequent on the decision of an election court) there shall be added--
        "(4)  In the case of an election of the Mayor of London, a vote deemed in accordance with subsection (3) above to be thrown away shall be so deemed only to the extent that it is a vote given so as to indicate that the person who was under the incapacity is the voter's first or second preference from among the candidates."")
 
43     Page 217, line 6, at end insert-- 
 ("References to elections under the local government Act to include Authority elections 
     . After section 189 there shall be inserted-- 
 "The Greater London Authority 
 <~et>"Extension of references to elections under the local government Act.     189A. For the purposes of-- 
  
    (a)  Part II of this Act,
 
  
    (b)  Part III of this Act, and
 
  
    (c)  section 189 above,
 
 
    any reference to an election under the local government Act includes a reference to an Authority election.")
 
44     Page 217, line 9, after ("(1),") insert--
      ("(a)  in the definition of "election", after "parliamentary election" there shall be inserted ",  an Authority election";
      (b)  in paragraph (b) of the definition of "election court", after "questioning" there shall be inserted "an Authority election or".")
 
45     Page 217, line 16, at end insert--
        ("(  )  In subsection (1), after the definition of "proper officer" there shall be inserted--
 
  
      ""registered political party" means a party registered under the Registration of Political Parties Act 1998;".")
1998 c. 48.
46     Page 218, line 20, at end insert ("and related expressions shall be construed accordingly"") 
 
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