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Franchise, conduct of elections etc |
| Franchise, conduct of elections etc. |
17. Schedule 3 to this Act (which, by amending the Representation of the People Acts, makes provision for and in connection with treating elections under this Act as local government elections for the purposes of those Acts) shall have effect.
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| Cost of holding the first ordinary elections. |
18. - (1) A returning officer shall be entitled to recover expenditure properly incurred by him in relation to the holding of the first ordinary election if the expenditure-
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(a) is of a kind determined by the Secretary of State; and |
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(2) The Secretary of State may determine a maximum recoverable amount for expenditure of such description as he may determine; and the returning officer may not recover more than that amount in respect of any such expenditure.
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(3) The amount of any expenditure recoverable in accordance with this section shall be charged on and paid out of the Consolidated Fund on an account being submitted to the Secretary of State; but the Secretary of State must, before payment, satisfy himself that the expenditure in the account is properly payable.
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(4) A returning officer must furnish the Secretary of State with such information or documents relating to an account submitted under subsection (3) above as the Secretary of State may require.
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(5) The Secretary of State must prepare accounts in respect of sums issued out of the Consolidated Fund under this section.
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(6) The accounts required to be prepared under subsection (5) above must be audited by such body or person as the Treasury may determine.
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(7) Any exercise by the Secretary of State of his functions under subsections (1) and (2) above shall require the consent of the Treasury.
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(8) This section has effect in relation to the first ordinary election instead of section 36(4B) of the Representation of the People Act 1983.
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Qualifications and disqualifications |
| Qualification to be the Mayor or an Assembly member. |
19. - (1) Subject to any disqualification by virtue of this Act or any other enactment, a person is qualified to be elected and to be the Mayor or an Assembly member if he satisfies the requirements of subsections (2) to (4) below.
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(2) The person must be-
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(a) a Commonwealth citizen; |
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(b) a citizen of the Republic of Ireland; or |
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(c) a relevant citizen of the Union. |
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(3) On the relevant day, the person must have attained the age of 21 years.
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(4) The person must satisfy at least one of the following conditions-
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(a) on the relevant day he is, and from that day continues to be, a local government elector for Greater London; |
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(b) he has, during the whole of the twelve months preceding that day, occupied as owner or tenant any land or other premises in Greater London; |
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(c) his principal or only place of work during that twelve months has been in Greater London; |
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(d) he has during the whole of that twelve months resided in Greater London. |
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(5) This section applies in relation to being returned as a London member under section 11 above otherwise than at an election as it applies in relation to being elected.
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(6) References in this section to election shall accordingly be construed as if a London member so returned were elected at an election on the day on which he is to be treated as returned.
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(7) In the application of this section by virtue of subsection (5) above, any reference to the day on which a person is nominated as a candidate shall be taken as a reference to the day on which notification of the person's name is given under section 11(3) above by the Greater London returning officer.
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(8) In this section-
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"citizen of the Union" shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union); |
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"relevant citizen of the Union" means a citizen of the Union who is not- |
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(a) a Commonwealth citizen; or
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(b) a citizen of the Republic of Ireland;
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"the relevant day", in relation to any candidate, means- |
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(a) the day on which he is nominated as a candidate and also, if there is a poll, the day of the election; or
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(b) if the election is not preceded by the nomination of candidates, the day of the election.
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| Disqualification from being the Mayor or an Assembly member. |
20. - (1) A person is disqualified from being elected or being the Mayor or an Assembly member if-
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(a) he is a member of staff of the Authority; |
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(b) he holds any of the offices or appointments for the time being designated by the Secretary of State in an order as offices or appointments disqualifying persons from being the Mayor or an Assembly member; |
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(c) he has been adjudged bankrupt, or made a composition or arrangement with his creditors; |
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(d) he has within five years before the day of the election, or since his election, been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or |
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(e) he is disqualified under- |
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(i) Part III of the Representation of the People Act 1983, or
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(ii) section 17 or 18 of the Audit Commission Act 1998,
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from being elected or being the Mayor or an Assembly member. |
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(2) A paid officer of a London borough council who is employed under the direction of-
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(a) any of that council's committees or sub-committees the membership of which includes the Mayor or one or more persons appointed on the nomination of the Authority acting by the Mayor, or |
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(b) a joint committee the membership of which includes one or more members appointed on the nomination of that council and one or more members appointed on the nomination of the Authority acting by the Mayor, |
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shall be disqualified from being elected or being the Mayor or an Assembly member.
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(3) Where a person is disqualified under subsection (1)(c) above by reason of having been adjudged bankrupt, the disqualification shall cease-
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(a) unless the bankruptcy order made against the person is previously annulled, on his discharge from bankruptcy; and |
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(b) if the bankruptcy order is so annulled, on the date of the annulment. |
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(4) Where a person is disqualified under subsection (1)(c) above by reason of having made a composition or arrangement with his creditors, the disqualification shall cease-
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(a) if he pays his debts in full, on the date on which the payment is completed; and |
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(b) in any other case, on the expiration of five years from the date on which the terms of the deed of composition or arrangement are fulfilled. |
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(5) For the purposes of subsection (1)(d) above-
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(a) the ordinary date on which the period allowed for making an appeal or application with respect to the conviction expires, or |
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(b) if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution, |
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shall be deemed to be the date of the conviction.
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(6) This section shall apply in relation to being returned as a London member under section 11 above otherwise than at an election as it applies in relation to being elected.
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(7) References in this section to election shall accordingly be construed as if a London member so returned were elected at an election on the day on which he is to be treated as returned.
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| Validity of acts done by unqualified persons. |
21. The acts and proceedings of any person elected to an office under this Act and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.
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| Proceedings for disqualification. |
22. Section 92 of the Local Government Act 1972 (proceedings for disqualification) shall apply in relation to the Authority as it applies in relation to a local authority within the meaning of that section, but taking-
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(a) any reference to a member of a local authority as a reference to the Mayor or an Assembly member; |
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(b) any reference to a local government elector for the area concerned as a reference to a local government elector for Greater London; and |
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(c) any reference to meetings of the local authority as a reference to meetings of the Assembly. |
