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

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Bribery
     30. - (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".
 
Election court for local election and place of trial
      31. - (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,".
 
 
Consequences of election etc of London members being declared void.
      32. - (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."
 
 
Conclusion of trial of local election petition
      33. - (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,".
 
Election court determination in respect of election of Mayor or constituency member
      34. 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."
 
Candidate reported guilty of corrupt or illegal practice
      35. - (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".
 
 
Avoidance of election for employing corrupt agent
      36. - (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."
 
 
References to elections under the local government Act to include Authority elections
     37. After section 189 there shall be inserted-
 
 

"The Greater London Authority
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."
 
 
General provisions as to interpretation
      38. - (1) Section 202 shall be amended as follows.
 
      (2) In subsection (1)-
 
 
    (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";
 
    (c) 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 412(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;".
      (3) 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;".
 
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Prepared 27 October 1999