Greater London Authority Bill

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

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Voting offences

10. - (1) Section 61 shall be amended as follows.

(2) After subsection (2) (person voting as elector otherwise than by proxy) there shall be inserted-

	"(2A) In the case of Authority elections, paragraph (a) of subsection (2) above shall not have effect; but a person shall be guilty of an offence under this subsection if he votes as an elector otherwise than by proxy-
	(a) more than once at the same election of the Mayor of London;
	(b) more than once at the same election of the London members of the London Assembly at an ordinary election;
	(c) more than once in the same Assembly constituency at the same election of a constituency member of the London Assembly;
	(d) in more than one Assembly constituency at the same ordinary election; or
	(e) in any Assembly constituency at an ordinary election, or an election of the Mayor of London held under section 16 of the 1999 Act, when there is in force an appointment of a person to vote as his proxy at the election in some other Assembly constituency."

(3) After subsection (3) (person voting as proxy for the same elector) there shall be inserted-

	"(3A) In the case of Authority elections, paragraph (a) of subsection (3) above shall not have effect; but a person shall be guilty of an offence under this subsection if he votes as proxy for the same elector-
	(a) more than once at the same election of the Mayor of London;
	(b) more than once at the same election of the London members of the London Assembly at an ordinary election;
	(c) more than once in the same Assembly constituency at the same election of a constituency member of the London Assembly; or
	(d) in more than one Assembly constituency at the same ordinary election."

Election agents

11. - (1) Section 67 shall be amended as follows.

(2) After subsection (1) (name and address of candidate's election agent) 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, the requirements of subsection (1) above in relation to those candidates are that not later than the time there mentioned-
	(a) a person shall be named by or on behalf of the party as the election agent of all of those candidates; and
	(b) the declaration required by that subsection shall be made by or on behalf of the party."

(3) After subsection (2) (which makes provision for a candidate to name himself as his own election agent) there shall be inserted-

	"(2A) Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, a candidate included in the list-
	(a) must not under subsection (2) above name himself as his own election agent, but
	(b) may be named by or on behalf of the party as the election agent of all the candidates included in the list,
	and the provisions which have effect by virtue of subsection (2) above in relation to a candidate upon his naming himself as election agent shall also have effect in relation to a candidate upon his being named as election agent by virtue of paragraph (b) above."

(4) At the beginning of subsection (3) (one agent only for each candidate) there shall be inserted "Subject to subsection (3A) below," and after that subsection there shall be inserted-

	"(3A) Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election-
	(a) the same person must be appointed as election agent for all the candidates included in the list; and
	(b) any such appointment may only be revoked by or on behalf of the party and in respect of all the candidates."

(5) After subsection (5) (declaration of person other than the candidate as election agent) there shall be inserted-

"(5A) Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election, subsection (5) above shall apply in relation to the candidates included in that list as if the reference to a person other than the candidate were a reference to a person other than the candidate whose name appears highest on the list."

(6) In subsection (7) (meaning of "appropriate officer" in Part II)-

(a) after paragraph (a) there shall be inserted-

"(aa) in relation to an Authority election, the returning officer for that election (as determined under subsection (2B) of section 35 or, as the case may be, paragraph (a) or (b) of subsection (2C) of that section);"; and

(b) in paragraph (b), for "a local government election," there shall be substituted "any other local government election,".

Sub-agents

12. - (1) Section 68 (nomination of sub-agent at parliamentary election for a county constituency) shall be amended as follows.

(2) In subsection (1) (appointment of sub-agent for part of constituency)-

(a) after "In the case of" there shall be inserted "(a)";

(b) after "county constituency" there shall be inserted ", or

(b) an Authority election,"; and

(3) In subsection (2) (powers, acts and defaults of the sub-agent), after "constituency", in each place where it occurs, there shall be inserted "or electoral area".

(4) After subsection (4) (vacation or revocation of appointment of sub-agent) there shall be inserted-

	"(4A) Where a registered political party submits a list of candidates to be London members of the London Assembly at an ordinary election-
	(a) the election agent for those candidates must, if he appoints a sub-agent for any part of the electoral area in the case of any of those candidates, appoint the same person as sub-agent for that part of the electoral area in the case of all of the candidates; and
	(b) any such appointment may only be revoked in respect of all of the candidates."

(5) In subsection (5) (declaration to specify the part of the constituency for which the sub-agent is appointed) after "constituency" there shall be inserted "or electoral area".

(6) The sidenote to the section accordingly becomes "Nomination of sub-agent at parliamentary or Authority elections."

Office of election agent and sub-agent

13. - (1) Section 69 (location of office) shall be amended as follows.

(2) In subsection (2)(b) (local government elections) after "adjoins it" there shall be added ", and that of a sub-agent shall be in the area within which he is appointed to act".

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".

Prepared 31 March 1999