SCHEDULES

Section 2.

SCHEDULE 1E+W+S Assembly constituencies and orders under section 2(4)

Part IE+W+S Assembly constituencies

Changes to Assembly constituenciesE+W+S

1(1)This paragraph applies where, as a result of—E+W+S

(a)a [F1request] under section 13(1) of the M1Local Government Act 1992 (“the 1992 Act”), or

(b)a further review under section 15(6) of that Act,

the [F2Electoral Commission recommend] to the Secretary of State, at a time when an order under section 2(4) of this Act has effect, that he should make one or more boundary changes falling within sub-paragraph (2) below.

(2)The boundary changes mentioned in sub-paragraph (1) above are boundary changes—

(a)falling within section 14(3)(a) of the 1992 Act (alteration of a local government area) and affecting any London borough;

(b)falling within section 14(3)(d) of that Act (constitution of a new London borough); or

(c)falling within section 14(3)(e) of that Act (abolition of a London borough).

[F3(3)Where this paragraph applies, the Electoral Commission shall direct the Boundary Committee for England (“the Committee”) to conduct a review in accordance with Part II of the 1992 Act and to submit to the Electoral Commission the reports required under sub-paragraph (4) or (5) below;]

(4)If the [F4Committee][F5are] of the opinion that, in consequence of the boundary changes mentioned in sub-paragraph (1) above, changes are required to Assembly constituencies in order to comply with the rules set out in paragraph 7 below, the report required is one which recommends to the [F6Electoral Commission] the changes which in the opinion of the [F4Committee] should be made to Assembly constituencies to comply with those rules.

(5)If the [F7Committee are] not of the opinion mentioned in sub-paragraph (4) above, the report required is one which states that fact.

[F8(5A)The Electoral Commission may direct the Committee to reconsider the recommendation made under sub-paragraph (4)]

F9(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Comprehensive review of Assembly constituenciesE+W+S

2(1)If the [F10Electoral Commission] at any time so [F11direct], the [F12Committee] shall carry out a comprehensive review of Assembly constituencies and submit to the [F10Electoral Commission] a report—E+W+S

(a)showing the areas into which [F13they recommend] Greater London should be divided to form the Assembly constituencies; and

(b)stating the name by which [F13they recommend] that each Assembly constituency should be known.

(2)No recommendations shall be made by the [F14Committee]in a report under sub-paragraph (1) above unless the recommendations comply with the rules set out in paragraph 7 below.

Preparation and submission of reportE+W+S

3(1)A direction to submit a report under paragraph 2(1) above shall specify the timetable in accordance with which the report is to be prepared, submitted and available for inspection under this Schedule (“the timetable”).E+W+S

(2)As soon as reasonably practicable after being directed to submit a report under paragraph 2(1) above, [F15the Committee shall take such steps as they consider] sufficient to secure that persons who may be interested in the subject-matter of the report are informed of—

(a)the direction requiring the report to be submitted, including, in particular, the period specified in the timetable within which representations with respect to the subject-matter of the report may be made to the [F16Committee]; and

(b)any direction under paragraph 5 below.

(3)Before submitting [F17their report, the Committee] shall—

(a)take into consideration any representations [F18made to them] within the period mentioned in sub-paragraph (2)(a) above;

(b)prepare a draft report and take such steps as [F19they consider] sufficient to secure that persons who may be interested in the report are informed of it and of the period specified in the timetable within which representations with respect to it may be made;

(c)deposit copies of the draft report at the principal office of—

(i)the Authority;

(ii)each London borough council; and

(iii)the Common Council; and

(d)take into consideration representations made to the [F20Committee] within the period mentioned in paragraph (b) above.

(4)As soon as the [F21Committee are] in a position to submit [F22their report]to the [F23Electoral Commission] (and in any event not later than the date specified in the timetable for submission of the report), [F24they shall]—

(a)submit the report to [F25them];

(b)take such steps as [F26they consider] sufficient to secure that persons who may be interested in the report are informed of it and of the period specified in the timetable within which it may be inspected; and

(c)deposit copies of the report at the principal office of—

(i)each London borough council; and

(ii)the Common Council.

(5)Copies of the draft report deposited under sub-paragraph (3)(c) above, and of the report deposited under sub-paragraph (4)(c) above, shall be kept available for inspection at the offices concerned in accordance with the timetable.

Further reportE+W+S

4(1)Where a report is submitted to the [F27Electoral Commission] in accordance with a direction under paragraph 2(1) above, [F28they may, if they think fit], direct the [F29Committee]—E+W+S

(a)to review such of the recommendations made in the report as may be specified in the direction; and

(b)to submit a further report making revised recommendations as respects—

(i)the areas into which Greater London should be divided to form the Assembly constituencies; and

(ii)the name by which each Assembly constituency should be known.

(2)Paragraph 3 above shall apply in relation to any further report with such modifications as may be specified in the direction under sub-paragraph (1) above.

(3)No recommendations shall be made by the [F30Committee] in a further report unless the recommendations comply with the rules set out in paragraph 7 below.

DirectionsE+W+S

5E+W+SThe [F31Electoral Commission] may give directions as to the exercise by the [F32Committee] of any of [F33their functions] under this Schedule; and, in particular, the directions may—

(a)specify matters which the [F32Committee] must take into account in preparing a report; and

(b)require the [F32Committee]to have regard to any guidance given by the [F31Electoral Commission] as respects matters to be taken into account in preparing a report.

Payments by Secretary of State to CommissionE+W+S

F346E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The rules about Assembly constituenciesE+W+S

7(1)The rules referred to in paragraphs 1(4), 2(2) and 4(3) above are—E+W+S

• 1. There shall be fourteen Assembly constituencies.

• 2. Each Assembly constituency shall consist of two or more entire London boroughs.

• 3. A part of the boundary of each London borough contained within an Assembly constituency shall adjoin a part of the boundary of at least one other London borough contained within that constituency.

• 4. No London borough shall be included in more than one Assembly constituency.

• 5. The electorate for an Assembly constituency shall be as near the electorate for each other Assembly constituency as is reasonably practicable.

(2)For the purposes of the rules in sub-paragraph (1) above—

(a)any reference to a London borough includes a reference to the City of London, which for this purpose shall be taken to include the Inner Temple and the Middle Temple; and

(b)a part of a boundary which would, except for the river Thames or a tributary of the river Thames, adjoin a part of another boundary is deemed to adjoin that part of that other boundary.

Part IIE+W+S Orders under section 2(4)

8[F35(1)Subject to paragraph (1A) an order under section 2(4) of this Act may give effect, with or without modifications to all or any of the recommendations made to the Electoral Commission under—E+W+S

(a)paragraph 1(4) or (5A) above;

(b)paragraph 2(1) above; or

(c)paragraph 4(1)(b) above.

(1A)No modifications may be made to any recommendations contained in a report unless they have been agreed with the Committee.]

(2)No order giving effect to recommendations made in a report under paragraph 2(1) above or a further report under paragraph 4(1)(b) above shall be made before the end of the period of six weeks beginning with the submission of the report.

(3)Before making an order falling within sub-paragraph (2) above, the [F36Electoral Commission] may by a direction require the [F37Committee] to supply [F38them]with such additional information as may be described in the direction.

(4)In sub-paragraph (1) above, “modifications” includes additions, alterations and omissions.

9(1)Where the [F39Electoral Commission are] is satisfied that—E+W+S

(a)a mistake has occurred in the preparation of an order under section 2(4) of this Act, and

(b)the mistake is such that it cannot be rectified by a subsequent order made under that provision by virtue of section 14 of the M2Interpretation Act 1978 (implied power to amend),

[F40they may by order made by statutory instrument] under this sub-paragraph make such provision as [F41they think] necessary or expedient for rectifying the mistake.

(2)In this paragraph “mistake”, in relation to an order, includes a provision contained in or omitted from the order in reliance on inaccurate or incomplete information.

Section 4.

SCHEDULE 2E+W+S Voting at elections

Part IE+W+S Election of the Mayor

ApplicationE+W+S

1E+W+SThis Part of this Schedule applies where there are three or more candidates to be the Mayor.

First preference vote and second preference voteE+W+S

2E+W+SIn this Schedule—

• “first preference vote” means a mayoral vote to the extent that it is given so as to indicate a voter’s first preference from among the candidates to be the Mayor;

• “second preference vote” means a mayoral vote to the extent that it is given so as to indicate a voter’s second preference from among the candidates to be the Mayor.

Candidate with overall majority of first preference votesE+W+S

3E+W+SIf one of the candidates to be the Mayor receives more than half of all the first preference votes given in the Assembly constituencies that candidate shall be returned as the Mayor.

No candidate with overall majority of first preference votesE+W+S

4(1)If none of the candidates to be the Mayor receives more than half of all the first preference votes given in the Assembly constituencies, the following provisions of this paragraph shall have effect.E+W+S

(2)The two candidates who received the greatest number of first preference votes given in the Assembly constituencies remain in the contest.

(3)If, by reason of an equality of first preference votes, three or more candidates are qualified to remain in the contest by virtue of sub-paragraph (2) above, all of them remain in the contest.

(4)The other candidates are eliminated from the contest.

(5)The number of second preference votes given in the Assembly constituencies for each of the candidates remaining in the contest by voters who did not give their first preference vote to any of those candidates shall be ascertained.

(6)That number shall be added to the number of first preference votes given for that candidate, to give his total number of preference votes.

(7)The person who is to be returned as the Mayor is that one of the candidates remaining in the contest who has the greatest total number of preference votes.

(8)If, by reason of an equality of total number of preference votes, two or more candidates remaining in the contest each have the greatest total number of preference votes, the Greater London returning officer shall decide by lots which of them is to be returned as the Mayor.

Part IIE+W+S Return of London members

Party lists and individual candidatesE+W+S

5(1)Any registered political party may submit a list of candidates to be London members.E+W+S

(2)The list is to be submitted to the Greater London returning officer.

(3)The list has effect in relation to—

(a)the ordinary election; and

(b)any vacancies among the London members which occur after that election and before the next ordinary election.

(4)The list must not include more than twenty five persons (but may include only one).

(5)The list must not include a person—

(a)who is a candidate to be a constituency member but who is not a candidate of that party;

(b)who is included on any other list submitted for the election of London members; or

(c)who is an individual candidate to be a London member.

(6)A person may not be an individual candidate to be a London member if—

(a)he is included on a list submitted by a registered political party for the election of London members; or

(b)he is a candidate of any registered political party to be the Mayor or a constituency member.

Calculation of the London figureE+W+S

6(1)For each registered political party by which a list of candidates has been submitted for the election of London members—E+W+S

(a)there shall be added together the number of London votes given for the party in the Assembly constituencies; and

(b)the number arrived at under paragraph (a) above shall then be divided by the aggregate of one and the number of candidates of the party returned as constituency members.

(2)For each individual candidate to be a London member there shall be added together the number of London votes given for that candidate in the Assembly constituencies.

(3)The number arrived at—

(a)in the case of a registered political party, under sub-paragraph (1)(b) above, or

(b)in the case of an individual candidate, under sub-paragraph (2) above,

is referred to in this Schedule as “the London figure” for that party or individual candidate.

(4)If a person who is a candidate of a registered political party in an Assembly constituency—

(a)is returned as the Assembly member for the constituency, and

(b)is also returned as the Mayor,

that person counts for the purposes of sub-paragraph (1)(b) above as a candidate of the party returned as a constituency member, notwithstanding that a vacancy arises in the Assembly constituency by virtue of subsection (10) of section 4 of this Act.

No seats for party etc not polling prescribed percentage of total voteE+W+S

7(1)If the number arrived at under—E+W+S

(a)paragraph 6(1)(a) above, in the case of a registered political party, or

(b)paragraph 6(2) above, in the case of an individual candidate,

is not more than 5 per cent of the total number of London votes polled by all the registered political parties and all the individual candidates at the election, none of the seats for London members shall be allocated to that party or individual candidate.

(2)That party or candidate shall accordingly be left out of account in applying paragraph 8 below.

Return of membersE+W+S

8(1)The first of the seats for London members shall be allocated to the party or individual candidate with the highest London figure.E+W+S

(2)The second and subsequent seats for London members shall be allocated to the party or individual candidate with the highest London figure after any recalculation required by sub-paragraph (3) below has been carried out.

(3)This sub-paragraph requires a recalculation under paragraph 6(1)(b) above in relation to a party—

(a)for the first application of sub-paragraph (2) above, if the application of sub-paragraph (1) above resulted in the allocation of a seat to the party, or

(b)for any subsequent application of sub-paragraph (2) above, if the previous application of that sub-paragraph did so;

and a recalculation shall be carried out after adding one to the aggregate mentioned in paragraph 6(1)(b) above.

(4)An individual candidate already returned as the Mayor or as an Assembly member shall be disregarded.

(5)Seats for London members which are allocated to a party shall be filled by the persons on the party’s list in the order in which they appear on the list.

(6)Once a party’s list has been exhausted (by the return of persons included on it as constituency members or by the previous application of sub-paragraph (1) or (2) above) the party shall be disregarded.

(7)If (on the application of sub-paragraph (1) above or any application of sub-paragraph (2) above) the highest London figure is the London figure of two or more parties or individual candidates, the sub-paragraph shall apply to each of them.

(8)However, where sub-paragraph (7) above would mean that more than the full number of seats for London members was allocated, sub-paragraph (1) or (2) above shall not apply until—

(a)a recalculation has been carried out under paragraph 6(1)(b) above after adding one to the number of votes given for each party with that London figure, and

(b)one has been added to the number of votes given for each individual candidate with that London figure.

(9)If, after that, the highest London figure is still the London figure of two or more parties or individual candidates, the Greater London returning officer shall decide between them by lots.

(10)For the purposes of sub-paragraph (5) above and section 11 of this Act, a person included on a list submitted by a registered political party who is returned as the Mayor or as an Assembly member shall be treated as ceasing to be on the list (even if his return is void).

Section 17.

SCHEDULE 3U.K. Amendments of the Representation of the People Acts

PreliminaryU.K.

1U.K.The Representation of the M3People Act 1983 shall be amended as follows.

Polling districts and stationsU.K.

2(1)Section 31 shall be amended as follows.U.K.

(2)After subsection (1A) there shall be inserted—

“(1B)For any Authority elections, a London borough council or the Common Council may divide their area into polling districts and may alter any polling district.

For the purposes of this subsection the Inner Temple and the Middle Temple shall be treated as forming part of the City.”

Returning officers for Greater London and for Assembly constituenciesU.K.

3(1)Section 35 shall be amended as follows.U.K.

(2)Before subsection (3) there shall be inserted—

“(2A)Subsections (2B) and (2C) below have effect in relation to the Greater London Authority.

(2B)The returning officer at an election of a constituency member of the London Assembly shall be such a person, or a person of such a description, as may be designated by the Secretary of State in an order made by statutory instrument.

(2C)The returning officer—

(a)at any election of the Mayor of London,

(b)at the election of the London members of the London Assembly at an ordinary election, and

(c)for the purposes of section 11 of the 1999 Act (return of London members of the London Assembly otherwise than at an election),

shall be the proper officer of the Greater London Authority.”

(3)After subsection (5) there shall be inserted—

“(6)The council for any London borough shall place the services of its officers at the disposal of any person acting as the returning officer at an Authority election for an electoral area situated wholly or partly in the borough.”

Rules for local electionsU.K.

4(1)Section 36 shall be amended as follows.U.K.

(2)After subsection (2) (which requires rules under the section to apply the parliamentary elections rules with adaptations etc) there shall be inserted—

“(2A)As regards the Greater London Authority—

(a)Authority elections, and

(b)the return of London members of the London Assembly otherwise than at an election,

shall be conducted in accordance with rules made under this subsection by the Secretary of State.

Rules made under this subsection need not comply with the requirements of subsection (2) above.

(2B)As regards lists of candidates submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members), the provision that may be made by rules under subsection (2A) above includes provision for or in connection with any of the following—

(a)the inclusion, withdrawal, addition or removal of persons;

(b)cases where a person included in such a list is or becomes, or seeks to become, an individual candidate to be a London member of the London Assembly.”

(3)Before subsection (5) there shall be inserted—

“(4B)All expenditure properly incurred by a returning officer in relation to the holding of an Authority election shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the Greater London Authority, exceed that scale, be paid by the Greater London Authority.”

(4)After subsection (6) (power of council for local government area to advance sums to returning officer before poll at election) there shall be inserted—

“(6A)Subsection (6) above shall apply in relation to an Authority election as it applies in relation to an election of a councillor for any local government area in England and Wales, but taking the reference to the council of the area as a reference to the Greater London Authority.”

Ordinary day of local electionsU.K.

5(1)Section 37 shall be amended as follows.U.K.

(2)At the beginning there shall be inserted “ (1) ”.

(3)The subsection (1) so formed shall end with paragraph (b).

(4)At the beginning of the sentence following paragraph (b) there shall be inserted “ (3) ”.

(5)After the subsection (1) formed by sub-paragraphs (2) and (3) above there shall be inserted—

“(2)As respects Authority elections, the power conferred by subsection (1)(b) above shall include power to make an order fixing a day other than the first Thursday in May as the day on which the poll is to be held at an ordinary election other than the first.”

Local elections void etcU.K.

6(1)Section 39 shall be amended as follows.U.K.

(2)In subsection (1) (returning officer to order election to fill vacancy where poll countermanded or abandoned or vacancies remain unfilled) for “an election of a councillor for a local government area” there shall be substituted “ a local government election, other than an election for the return of the London members of the London Assembly, ”.

(3)In subsection (2) (election to an office under the 1972 Act not held on the appointed day etc) after “office under the M4Local Government Act 1972” there shall be inserted “ or the 1999 Act ”.

(4)In subsection (6)(a) (which permits an order under the section to make modifications to certain enactments) in sub-paragraph (ii), after “the M5Local Government Act 1972” there shall be inserted “ or the 1999 Act ”.

Timing as to local electionsU.K.

7(1)Section 40 shall be amended as follows.U.K.

(2)In subsection (1) (provision where anything required to be done by certain enactments falls at a weekend etc) after “Representation of the M6People Act 1985” there shall be inserted “ or section 3 of the 1999 Act ”.

(3)In subsection (2) (day to which election is postponed treated as day of election for purposes of certain enactments) after “Local Government Act 1972” there shall be inserted “ and (in the case of an Authority election) the 1999 Act ”.

Further provision as to local election votingU.K.

8(1)Section 46 shall be amended as follows.U.K.

(2)In subsection (1) (which makes provision as to the number of votes which a person may give in a local government election) after paragraph (b) there shall be added—

“but this subsection does not apply in relation to Authority elections (where the votes allowed to be given are as specified in the applicable provisions of section 4, 10 or 16 of the 1999 Act).”

Validity of local expenses, legal costsU.K.

9(1)Section 48 shall be amended as follows.U.K.

(2)After subsection (3) (which refers to the council required to pay the expenses properly incurred by a returning officer) there shall be inserted—

“(3A)In the application of subsection (3) above in relation to an Authority election, the Greater London Authority shall be treated as the council which is required to pay the expenses properly incurred by the returning officer.”

Voting offencesU.K.

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

(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.”

Requirement of secrecyU.K.

11(1)Section 66 shall be amended as follows.U.K.

(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.”

Election agentsU.K.

12(1)Section 67 shall be amended as follows.U.K.

(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-agentsU.K.

13(1)Section 68 (nomination of sub-agent at parliamentary election for a county constituency) shall be amended as follows.U.K.

(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

(c)after “part of the constituency” there shall be inserted “ or electoral area ”.

(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-agentU.K.

14(1)Section 69 (location of office) shall be amended as follows.U.K.

(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 appointmentU.K.

15U.K.After section 70 there shall be inserted—

“70A Application of s.70 in relation to election of London members of the London Assembly.

(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) 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.”

Election expensesU.K.

F4216U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment of expenses through election agentU.K.

17(1)Section 73 shall be amended as follows.U.K.

(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 expensesU.K.

18(1)Section 74 shall be amended as follows.U.K.

(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 the Mayor of London may pay shall not exceed £5,000,

(c)the amount which a candidate at an election of a constituency member of the London Assembly may pay shall not exceed £600, and

(d)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), (c) or (d) 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 those elections shall be treated—

(a)if one of them is an election of the Mayor of London, as if they together constituted a single election falling within paragraph (b) of that subsection, and

(b)in any other case, as if they together constituted a single election falling within paragraph (d) of that subsection.”

Prohibition of expenses not authorised by election agentU.K.

19(1)Section 75 shall be amended as follows.U.K.

(2)In subsection (1) (which prohibits the incurring of certain expenses by any person other than the candidate, his agent or persons authorised in writing by the agent)—

(a)after “promoting or procuring the election of a candidate” there shall be inserted “ (or, in the case of an election of the London members of the London Assembly at an ordinary election, a registered political party or candidates of that party) ”; and

(b)at the end of paragraph (c) there shall be added “; or

(d)in the case of an election of the London members of the London Assembly at an ordinary election, of otherwise presenting to the electors the candidate’s registered political party (if any) or the views of that party or the extent or nature of that party’s backing or disparaging any other registered political party”; and

(c)after the words “but paragraph (c)” there shall be inserted “ or (d) ”.

(3)After subsection (1) 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, any reference to the candidate includes a reference to all or any of the candidates of a registered political party.”

F43(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)At the end of the section there shall be added—

“(7)For the purposes of this section, in the case of an election of the London members of the London Assembly at an ordinary election, a candidate’s registered political party is the registered political party (if any) which submitted for the purposes of that election a list of candidates on which the candidate in question is included.”

Limitation of election expensesU.K.

20(1)Section 76 shall be amended as follows.U.K.

(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 expensesU.K.

F4421U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Expenses limit for joint candidates at local electionU.K.

22(1)Section 77 shall be amended as follows.U.K.

(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 ”.

Return as to election expensesU.K.

23(1)Section 81 shall be amended as follows.U.K.

(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.”

Declarations as to election expensesU.K.

24(1)Section 82 shall be amended as follows.U.K.

(2)In subsection (1) (declaration by agent) for “the form in Schedule 3 to this Act” there shall be substituted “ the appropriate form ”.

(3)In subsection (2) (declaration by candidate) for “the form in that Schedule” there shall be substituted “ the appropriate form ”.

(4)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.”

F45(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)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.”

Penalty for sitting or voting where no return and declarations transmittedU.K.

25(1)Section 85 shall be amended as follows.U.K.

(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.”

Disqualification where no return and declarations transmitted after Mayoral electionU.K.

26U.K.After section 85 there shall be inserted—

“85A Disqualification where no return and declarations transmitted after election of Mayor of London.

(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, as respects that election, be disqualified from being elected or being the Mayor of London.

(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.”

Publication of time and place for inspection of returns and declarationsU.K.

27(1)Section 88 shall be amended as follows.U.K.

(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 ”.

Broadcasting during electionsU.K.

F4628U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schools and rooms for election meetingsU.K.

29(1)Section 96 shall be amended as follows.U.K.

(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,”.

BriberyU.K.

30(1)Section 113 shall be amended as follows.U.K.

(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 trialU.K.

F4731U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequences of election etc of London members being declared void.U.K.

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—U.K.

“(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—

“135A Consequences of election or return of London members being declared void.

(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 petitionU.K.

33(1)Section 145 shall be amended as follows.U.K.

(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 memberU.K.

34U.K.After section 145 there shall be inserted—

“145A Determination in respect of election of Mayor of London or constituency member of London Assembly.

(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 practiceU.K.

F4835U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Avoidance of election for employing corrupt agentU.K.

36(1)Section 165 shall be amended as follows.U.K.

(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 electionsU.K.

37U.K.After section 189 there shall be inserted—

“ The Greater London AuthorityU.K.

189A Extension of references to elections under the local government Act.

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 interpretationU.K.

38(1)Section 202 shall be amended as follows.U.K.

(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 424(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 M7Local Government Act 1972;”.

(3)In subsection (1), after the definition of “proper officer” there shall be inserted—

Interpretation: local government provisionsU.K.

39(1)Section 203 (local government provisions as to England and Wales) shall be amended as follows.U.K.

(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; and related expressions shall be construed accordingly.”

(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.”

[F49Schedule 3AE+W+S Free delivery of election addresses at first election of Mayor

InterpretationE+W+S

F501E+W+SIn this Schedule—

• “the 1983 Act” means the Representation of the M9People Act 1983;

• “candidate” means a person who stands nominated as a candidate at the election;

• “the election” means the first election of the Mayor;

• “election address” shall be construed in accordance with paragraph 2 below;

• “election booklet” shall be construed in accordance with paragraph 6 below;

• “the GLRO” means the Greater London returning officer;

• “print” means print by whatever means (and “printer” shall be construed accordingly);

• “the relevant provisions” means the provisions of section 17A(1) of this Act and this Schedule.

Election addressesE+W+S

F512E+W+SFor the purposes of the relevant provisions an election address, in relation to a candidate, is a statement prepared by the candidate’s election agent which complies with the provisions of paragraphs 3 and 4.

Contents of election addressesE+W+S

F523(1)An election address must contain matter relating to the election only.E+W+S

(2)In particular, an election address must not contain—

(a)any advertising material (other than material promoting the candidate as a candidate at the election);

(b)any other material appearing to be included with a view to commercial gain; or

(c)any material referring to any candidate standing for election to the Assembly.

(3)An election address may include a representation of the registered emblem, or (as the case may be) one of the registered emblems, of a registered political party if the address is prepared on behalf of an authorised party candidate.

(4)In sub-paragraph (3) above “authorised party candidate”, in relation to a registered political party, means a candidate who has been authorised to use the emblem in question by a certificate—

(a)issued by or on behalf of the registered nominating officer of the party, and

(b)received by the GLRO before the last time for the delivery of nomination papers for the election.

(5)An election address must—

(a)contain a statement to the effect that it has been prepared by the candidate’s election agent; and

(b)give the name and address of the election agent.

Form of election addressesE+W+S

F534(1)Subject to any requirements imposed by or under this paragraph, the format of a candidate’s election address may be determined by the candidate (and, in particular, may consist of a combination of words, pictures and artwork).E+W+S

(2)An election address must be printed on not more than two sides of A5 paper; but if such an address is printed on two sides of such paper—

(a)it must, when submitted to the GLRO for inclusion in the election booklet, be accompanied by a second version printed on a single side of such paper; and

(b)if the total number of candidates from whom election addresses have been accepted by the GLRO by the last time for the delivery of nomination papers for the election exceeds 15, the version to be included in the election booklet shall be the second version.

(3)An election address must—

(a)comply with such requirements as to typographical layout, margins and the use of colour as the GLRO may determine; and

(b)comply with such other requirements as he may determine with a view to facilitating its reproduction as a page or pages of the election booklet.

(4)An election address must, when submitted to the GLRO for inclusion in the election booklet, be accompanied—

(a)where the address is to contain a photograph of the candidate, by two identical copies of the photograph, of which one is signed on the back by the candidate; and

(b)in any case, by such copies of anything contained in the address as the GLRO may reasonably require in connection with the reproduction of the address.

Approval of election addresses by Post OfficeE+W+S

F545(1)Before an election address is submitted to the GLRO for inclusion in the election booklet a draft of the address must have been—E+W+S

(a)submitted by the candidate to the Post Office, and

(b)approved by the Post Office as complying with the relevant Post Office regulations.

(2)In sub-paragraph (1)(b) above “the relevant Post Office regulations” means the provisions of the Post Office regulations under section 91 of the 1983 Act as to the contents of election communications, other than the provisions of those regulations—

(a)authorising the sending of different material to different groups, or

(b)requiring the name of the printer and publisher to appear on election literature.

(3)Without prejudice to the operation of sub-paragraph (1)(b) above, the Post Office shall not approve an election address if, in their opinion, the address does not comply with the provisions of paragraph 3(1) and (2) above.

The election bookletE+W+S

F556(1)For the purposes of this Schedule the election booklet is a document prepared by the GLRO which contains the election addresses of all candidates who—E+W+S

(a)desire their election addresses to be included in the booklet, and

(b)have submitted—

(i)those addresses, and

(ii)any additional material required under paragraph 4(4) above,

to the GLRO by such date as he may determine.

(2)If—

(a)it appears to the GLRO that any of the requirements of paragraphs 3(3) to (5), 4 and 5(1) above has not been complied with in relation to an election address, or

(b)a candidate fails to make the payment required by paragraph 9 below in respect of an election address,

the GLRO shall decline to include the address in the election booklet.

Form of election bookletE+W+S

F567(1)The order in which candidates’ election addresses appear in the election booklet shall be determined alphabetically by reference to the candidates’ surnames.E+W+S

(2)The election booklet may include, in addition to candidates’ election addresses, a statement by the GLRO—

(a)explaining the nature and purpose of the election booklet;

(b)listing, in alphabetical order, the names of all the candidates at the election (whether or not their election addresses are included in the booklet); and

(c)giving the date of the election and such other information about it as the GLRO may determine.

(3)The election booklet must—

(a)contain a statement that it has been published by the GLRO; and

(b)give the name and address of the GLRO and those of the printer of the booklet.

(4)Subject to sub-paragraphs (1) to (3) above, the form of the election booklet shall be determined by the GLRO.

(5)The election agent of each candidate whose election address has been accepted by the GLRO for inclusion in the booklet shall be given an opportunity to attend at a time and place notified to him by the GLRO in order to check, and submit to the GLRO typographical corrections to, the proof of the candidate’s address.

(6)If the election agent of any such candidate fails to avail himself of that opportunity, the GLRO may—

(a)make such typographical corrections to the proof as appear to him to be appropriate; and

(b)proceed with the printing and distribution of the election booklet without further reference to the candidate or his election agent (and without incurring any liability for any errors in the candidate’s address).

(7)No person other than—

(a)the candidate by whom or on whose behalf an election address included in the election booklet was prepared, or

(b)the candidate’s election agent,

shall incur any civil or criminal liability in respect of the publication of that address in the election booklet or its dissemination in accordance with paragraph 8 below.

Distribution of election bookletE+W+S

F578(1)Copies of the election booklet shall be delivered by the GLRO to the Post Office, in envelopes addressed to individual electors falling within section 17A(1)(b) of this Act, at such time as the GLRO may determine.E+W+S

(2)The GLRO may disseminate the contents of the election booklet by such other means as he may determine.

Contributions by candidates towards costs of printingE+W+S

F589(1)Each candidate by whom an election address is submitted to the GLRO for inclusion in the election booklet shall pay the sum of £10,000 to the GLRO as a contribution towards the expenses incurred by him in respect of the printing of the election booklet.E+W+S

(2)The payment required by sub-paragraph (1) above shall be made at such time, and in such manner, as the GLRO may determine.

(3)A candidate shall be entitled to a full refund of any such payment if, but only if, the candidate has given notice of withdrawal of his candidature before the last time for the withdrawal of candidates.

(4)If the total amount of the payments made by candidates under this paragraph exceeds the total amount of the expenses incurred by the GLRO in respect of the printing of the election booklet, the GLRO shall—

(a)divide the amount of the excess between the candidates in equal shares, and

(b)send to each candidate a payment in respect of his share.

Payments by Secretary of StateE+W+S

F5910E+W+SExcept so far as they are met by payments under paragraph 9 above, the expenses incurred by the GLRO in consequence of the relevant provisions shall be met by the Secretary of State.

Candidates’ election expensesE+W+S

F6011(1)The amount of any payment made by a candidate under paragraph 9 above (or, if sub-paragraph (4) of that paragraph applies, the net amount of any such payment after deducting the payment under that sub-paragraph) shall be taken, for the purposes of Part II of the 1983 Act (the election campaign), to be an amount of election expenses incurred by the candidate in relation to the election.E+W+S

(2)Nothing in section 75(1) of the 1983 Act (restriction on third party election expenditure) shall be taken to apply, in relation to any candidate, to any expenses incurred by the GLRO in consequence of the relevant provisions.]

Section 37.

SCHEDULE 4E+W+S Exercise of functions during vacancy or temporary incapacity of Mayor

Part IE+W+S Interpretation

1E+W+SAny reference in this Schedule to a period when the Mayor is temporarily unable to act is a reference to a period when—

(a)there is no vacancy in the office of Mayor; but

(b)the Mayor is unable to act in his office by reason of illness, imprisonment or absence abroad or for any other reason;

and references to the Mayor being temporarily unable to act shall be construed accordingly.

Part IIE+W+S Vacancies in the office of Mayor

Notice of vacancy in office of MayorE+W+S

2(1)If a casual vacancy occurs in the office of Mayor, the proper officer of the Authority shall give notice of the vacancy—E+W+S

(a)to the Deputy Mayor, if there is a holder of that office; or

(b)in any other case, to the Chair of the Assembly.

(2)Any notice under sub-paragraph (1) above shall be given as soon as practicable after the date on which the vacancy is to be regarded by virtue of section 15(1) of this Act as occurring.

Provision for acting Mayor during vacancyE+W+S

3E+W+SDuring any vacancy in the office of Mayor there shall be an acting Mayor of London (in this Act referred to as the “acting Mayor”).

Filling the office of acting MayorE+W+S

4(1)If a person holds the office of Deputy Mayor on the date on which a vacancy in the office of Mayor occurs, that person shall be the acting Mayor unless, within the permitted period—E+W+S

(a)he gives notice to the proper officer of the Authority that he does not wish to be the acting Mayor; or

(b)he does not give a notice under paragraph (a) above and does not deliver a declaration under paragraph 8(1) below.

(2)If a person becomes the acting Mayor by virtue of being the Deputy Mayor—

(a)he shall cease to be the Deputy Mayor; and

(b)he shall not be the Deputy Mayor, the Chair of the Assembly or the Deputy Chair of the Assembly at any time while he is the acting Mayor.

(3)If, by virtue of sub-paragraph (1) above, the person who is the Deputy Mayor does not become the acting Mayor, the proper officer of the Authority shall give notice of that fact to the Chair of the Assembly as soon as practicable after—

(a)receipt of any notice under sub-paragraph (1)(a) above; or

(b)if no such notice is given, the last day of the permitted period.

(4)Where notice is given to the Chair of the Assembly—

(a)under paragraph 2(1)(b) above, or

(b)under sub-paragraph (3) above,

the person who is the Chair of the Assembly shall be the acting Mayor.

(5)If a person becomes acting Mayor by virtue of being the Chair of the Assembly—

(a)he shall cease to be the Chair of the Assembly; and

(b)he shall not be the Deputy Mayor, the Chair of the Assembly or the Deputy Chair of the Assembly at any time while he is the acting Mayor.

(6)In this paragraph “the permitted period” means the period of seven days following the day on which notice under paragraph 2(1)(a) above is given to the Deputy Mayor.

Acting Mayor to be treated as Mayor during vacancyE+W+S

5(1)If and so long as there is an acting Mayor—E+W+S

(a)any functions exercisable by the Mayor shall be exercisable instead by the acting Mayor; and

(b)any functions exercisable by the Mayor and the Assembly acting jointly shall be exercisable instead by the acting Mayor and the Assembly acting jointly;

and, for the period of the vacancy, the acting Mayor shall accordingly be treated as if he were the Mayor.

(2)Sub-paragraph (1) above is subject to the following provisions of this Part of this Schedule.

Functions which are not to be exercisable by acting MayorE+W+S

6(1)Paragraph 5(1)(a) above does not apply in relation to—E+W+S

(a)any function exercisable under Schedule 6 or 7 to this Act;

(b)any functions in relation to the preparation, alteration or replacement of any strategies under this Act; or

(c)any function of making an appointment mentioned in sub-paragraph (2) below.

(2)The appointments mentioned in sub-paragraph (1)(c) above are—

(a)any appointment of a member of any of the functional bodies;

(b)any appointment of a member of any other body corporate under or by virtue of this Act;

(c)any appointment under subsection (1) of section 67 of this Act.

Acting Mayor not to act as Assembly member except in relation to budgetE+W+S

7(1)While a person is the acting Mayor, he shall not act as an Assembly member except in relation to the functions of the Assembly under Schedule 6 or 7 to this Act.E+W+S

(2)Any period during which sub-paragraph (1) above has effect in relation to a person shall be left out of account in applying section 6 of this Act in relation to that person.

Declaration of acceptance by Deputy MayorE+W+S

8(1)A person shall not, by virtue of being Deputy Mayor,—E+W+S

(a)become the acting Mayor, or

(b)exercise any functions by virtue of paragraph 5 above,

unless and until he has made, and delivered to the proper officer of the Authority within the permitted period, a declaration of acceptance in a form prescribed in an order made by the Secretary of State.

(2)In sub-paragraph (1) above, “permitted period” has the same meaning as in paragraph 4 above.

(3)Subsections (3) and (4) of section 28 of this Act shall apply to a declaration under sub-paragraph (1) above as they apply to a declaration under that section.

Consequences of making the declarationE+W+S

9(1)This paragraph applies where the acting Mayor makes the declaration required by paragraph 8(1) above.E+W+S

(2)Where this paragraph applies—

(a)the acting Mayor shall resign his membership of the Metropolitan Police Authority; and

(b)the Chair of the Assembly shall fill the vacancy so arising by appointing another member of the Assembly to be a member of the Metropolitan Police Authority in place of the acting Mayor.

Declaration of acceptance by Chair of AssemblyE+W+S

10E+W+SA person who becomes acting Mayor by virtue of being the Chair of the Assembly shall not act in the office of acting Mayor unless or until he has satisfied in respect of his office as an Assembly member the requirements of section 28(1) above.

Setting the budget during a vacancyE+W+S

11E+W+SIf, at any time when proceedings under Schedule 6 or 7 to this Act are taking place in respect of any year, there is a vacancy in the office of Mayor, those and any subsequent proceedings under the Schedule in question in respect of that year shall proceed as if the Mayor had failed to fulfil his duties under that Schedule.

Occurrence of vacancy in office of acting MayorE+W+S

12(1)If, at any time during a vacancy in the office of Mayor, a casual vacancy occurs in the office of acting Mayor, the head of the Authority’s paid service shall give notice of the vacancy—E+W+S

(a)to the Chair of the Assembly, and

(b)to the Deputy Mayor, if there is a holder of that office,

and this Part of this Schedule (other than paragraph 2 above) shall have effect as if a vacancy in the office of Mayor [F61had occurred] on the date on which the vacancy in the office of acting Mayor occurs.

(2)For the purposes of this paragraph, the cases in which, and the date on which, a casual vacancy occurs in the office of acting Mayor are the cases in which, and the date on which, a casual vacancy—

(a)occurs in the acting Mayor’s office as an Assembly member; or

(b)would have occurred in the office of Mayor, had the acting Mayor been the Mayor.

(3)Any notice under sub-paragraph (1) above shall be given as soon as practicable after the date on which, by virtue of sub-paragraph (2) above, the vacancy is, in accordance with section 9 or 15 of this Act, to be regarded as occurring.

Part IIIE+W+S Mayor temporarily unable to act Notice of Mayor’s temporary inability to act

13(1)If the head of the Authority’s paid service becomes aware that the Mayor is temporarily unable to act, he shall as soon as reasonably practicable give notice of that fact—E+W+S

(a)to the Chair of the Assembly; and

(b)to the Deputy Mayor, if there is a holder of that office.

(2)For the purposes of the following provisions of this Part of this Schedule, any period when the Mayor is temporarily unable to act shall be taken to begin with the giving of the notice required by sub-paragraph (1) above.

Deputy Mayor to be treated as Mayor during the periodE+W+S

Functions which are not to be exercisable by Deputy MayorE+W+S

15(1)Paragraph 14(1)(a) above does not apply in relation to—E+W+S

[F62(a)any functions exercisable under Schedule 6 or 7 to this Act;]

(b)any functions in relation to the preparation, alteration or replacement of strategies under this Act; or

(c)any function of making an appointment mentioned in sub-paragraph (2) below.

(2)The appointments mentioned in sub-paragraph (1)(c) above are—

(a)any appointment of a member of any of the functional bodies;

(b)any appointment of a member of any other body corporate under or by virtue of this Act;

(c)any appointment under subsection (1) of section 67 of this Act.

Setting the budget during the periodE+W+S

16E+W+S[F63If, at any time when proceedings under Schedule 6 or 7 to this Act are taking place in respect of any year, the Mayor is temporarily unable to act, those and any subsequent proceedings under the Schedule in question in respect of that year shall proceed as if the Mayor had failed to fulfil his duties under that Schedule.]

[F63If and so long as any functions of the Mayor under Schedule 6 or 7 to this Act are exercisable by the Deputy Mayor pursuant to paragraph 14 above, the Deputy Mayor shall not act as an Assembly member in relation to any functions of the Assembly under either of those Schedules.]

Mayor unable to act for three consecutive monthsE+W+S

17E+W+SIf the Mayor has been temporarily unable to act for a period of three consecutive months—

(a)the Deputy Mayor shall resign his membership of the Metropolitan Police Authority; and

(b)the Chair of the Assembly shall fill the vacancy so arising by appointing another member of the Assembly to be a member of the Metropolitan Police Authority in place of the Deputy Mayor.

Exercise of Mayor’s functions by ChairE+W+S

18(1)This paragraph applies in relation to any period (or, as the case may be, the remainder of any period) when the Mayor is temporarily unable to act, if—E+W+S

(a)at the beginning of that period there is no Deputy Mayor; or

(b)the person who, at the beginning of that period, is the Deputy Mayor gives notice to the proper officer of the Authority, within the permitted time, that he does not wish to exercise the functions of the Mayor pursuant to paragraph 14 above; or

(c)a casual vacancy occurs in the office of Deputy Mayor during that period;

and in paragraph (b) above “the permitted time” means the period of seven days following the day on which notice under paragraph 13(1)(b) above is given to the Deputy Mayor.

(2)Where this paragraph applies—

(a)paragraphs 14 and 15 above shall have effect with the substitution for references to the Deputy Mayor of references to the Chair of the Assembly [F64(but see sub-paragraph (2A) below)] ; and

(b)paragraph 17 above shall be disregarded, but without prejudice to any action taken under paragraph (a) or (b), or required to be taken under paragraph (b), of that paragraph.

[F65(2A)The Chair of the Assembly shall not by virtue of sub-paragraph (2)(a) above exercise any functions of the Mayor under Schedule 6 or 7 to this Act.]

(3)If and so long as functions are exercisable by virtue of paragraph 14 above by the Chair of the Assembly, he shall not exercise any of the other functions of Chair of the Assembly.

(4)If and so long as the Chair of the Assembly is precluded by sub-paragraph (3) above from exercising any of his functions, those functions shall be exercisable instead by the Deputy Chair of the Assembly.

(5)If and so long as any functions of the Chair of the Assembly are, by virtue of sub-paragraph (4) above, exercisable by the Deputy Chair of the Assembly, the Deputy Chair of the Assembly shall not exercise any of his other functions.

(6)If and so long as the Deputy Chair of the Assembly is precluded by sub-paragraph (5) above from exercising any of his functions, those functions shall be exercisable instead by a person (“the acting Deputy Chair”) elected for the purpose at a meeting of the Assembly from among the Assembly members.

(7)A person must not at the same time hold office as acting Deputy Chair and as Mayor, Deputy Mayor, Chair of the Assembly or Deputy Chair of the Assembly.

(8)If the acting Deputy Chair becomes Mayor, Deputy Mayor, Chair of the Assembly or Deputy Chair of the Assembly, a vacancy shall occur in the office of acting Deputy Chair.

[F66SCHEDULE 4AE+WConfirmation hearings etc

Application of ScheduleE+W

1(1)This Schedule has effect where the Mayor proposes to make an appointment to any of the offices specified in section 60A(3) of this Act.E+W

(2)If the Mayor decides to appoint himself to any of those offices—

(a)he must notify the Assembly of that fact, but

(b)the following provisions of this Schedule do not have effect in relation to the appointment of the Mayor to that office.

Mayor not to make appointment until end of confirmation processE+W

2(1)The Mayor must not make any appointment to the office until the end of the confirmation process has been reached.E+W

(2)The end of the confirmation process is reached when—

(a)the Mayor has given the Assembly the notification required by paragraph 5(2) below (acceptance or rejection of Assembly's recommendation), or

(b)the period of 3 weeks described in sub-paragraph (3) of paragraph 4 below has expired without any recommendation under that paragraph being given to the Mayor by the Assembly.

Duty of Mayor to notify AssemblyE+W

3(1)The Mayor must notify the Assembly of the person (“the candidate”) whom he proposes to appoint to the office.E+W

(2)The notification must contain the following information—

(a)the candidate's name;

(b)the candidate's address for correspondence;

(c)the office to which the Mayor proposes to appoint the candidate;

(d)the reasons why the candidate is the person the Mayor proposes to appoint to the office.

Assembly to make recommendation to the MayorE+W

4(1)This paragraph applies when the Mayor has given that notification to the Assembly.E+W

(2)The Assembly must make a recommendation to the Mayor as to whether or not the candidate should be appointed to the office.

(3)The recommendation must be given to the Mayor in writing before the end of the period of 3 weeks beginning with the day on which the Assembly receives the notification from the Mayor.

(4)In calculating the period of 3 weeks mentioned in sub-paragraph (3) above, no regard shall be had to the period beginning with the day of the poll at an ordinary election and ending with the day on which the Chair of the Assembly and the Deputy Chair of the Assembly are elected under section 52(2) of this Act.

The Mayor's response to the recommendationE+W

5(1)The Mayor may accept or reject the Assembly's recommendation.E+W

(2)The Mayor must notify the Assembly of his decision whether to accept or reject the recommendation.

Power to request candidate to attend confirmation hearing or produce documentsE+W

6(1)The Assembly may decide to hold a confirmation hearing before deciding the recommendation that is to be made to the Mayor.E+W

(2)In this Schedule “confirmation hearing” means a meeting at which the candidate is requested to appear for the purpose of answering questions relating to the proposed appointment.

(3)In this Schedule “appear”, in relation to a meeting, means—

(a)attend in person, or

(b)participate in proceedings by means of any device that enables a person to hear and be heard in the proceedings as they happen, without attending in person.

(4)The Assembly may decide to request the candidate to produce, whether at a confirmation hearing or otherwise, documents which are in his possession or under his control and which relate to the proposed appointment.

Procedure for requesting candidate's appearance at confirmation hearingE+W

7(1)This paragraph applies where the Assembly decides to hold a confirmation hearing.E+W

(2)The head of the Authority's paid service must give the candidate a notice requesting him to appear at the confirmation hearing.

(3)The notice must state the date on which, and the time and place at which, the confirmation hearing is to take place.

(4)The notice must state whether the candidate is requested to attend in person.

(5)If the candidate is not requested to attend in person, the notice must specify or describe the means by which the candidate may appear.

(6)The notice must be given to the candidate at least one week before the day on which the confirmation hearing is to take place, unless the candidate waives this right.

(7)The notice is to be taken to have been given to the candidate if it is sent by—

(a)registered post, or

(b)a recorded delivery service,

to the address for correspondence specified in the Mayor's notification under paragraph 3 above.

(8)Sections 61 and 62 of this Act (power to require attendance at meetings and procedure for doing so) do not apply in relation to the candidate in the case of a confirmation hearing.

Restriction of information etcE+W

8(1)This paragraph applies in relation to—E+W

(a)any confirmation hearing, and

(b)any document which the candidate is requested to produce by virtue of paragraph 6(4) above.

(2)The Secretary of State may by order make provision for any order for the time being in force under section 63 of this Act (restriction of information) to have effect (with or without modifications) in relation to the candidate as it has effect in relation to a person required to attend proceedings or produce documents under section 61(1)(a) or (b) of this Act.

(3)The candidate is not obliged to answer any question or produce any document which he would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England or Wales.

Discharge of Assembly's functions by Assembly, ordinary committee or Chair of AssemblyE+W

9(1)The Assembly may arrange under section 54(1)(a) of this Act for any of its functions under this Schedule to be discharged on its behalf by an ordinary committee.E+W

(2)The Assembly may arrange under section 54(1)(b) of this Act for any of the following functions to be discharged on its behalf by the Chair of the Assembly—

(a)its function under paragraph 6(1) above of deciding whether to hold a confirmation hearing;

(b)its function under paragraph 6(4) above of deciding whether to request the candidate to produce any documents.

(3)Except as provided by sub-paragraphs (1) and (2) above, neither the Assembly nor an ordinary committee may arrange for the discharge of any functions under this Schedule on its behalf by—

(a)any committee or sub-committee, or

(b)a single member of the Assembly.]

Section 77.

SCHEDULE 5E+W+S Promotion of Bills in Parliament by the Authority

Preliminary requirementsE+W+S

1E+W+SNo Bill may be deposited in Parliament by virtue of section 77(1)(a) of this Act until the requirements of paragraphs 2 and 4 below have been complied with.

Consultation on draft BillE+W+S

2(1)The Mayor shall—E+W+S

(a)prepare a draft of the proposed Bill (“the draft Bill”);

(b)send copies of the draft Bill to the bodies specified in sub-paragraph (2) below; and

(c)consult those bodies about the draft Bill.

(2)Those bodies are—

(a)the Assembly;

(b)every London borough council; and

(c)the Common Council.

(3)Where the Mayor sends copies of the draft Bill to those bodies pursuant to sub-paragraph (1)(b) above, he shall also give those bodies notice of the time within which, and the place at which, they may make representations about the draft Bill.

Publicity for, and exposure of, the draft BillE+W+S

3(1)Throughout the consultation period, the Mayor shall take such steps as in his opinion will give adequate publicity to the draft Bill.E+W+S

(2)A copy of the draft Bill shall be kept available by the Mayor for inspection by any person on request free of charge—

(a)at the principal offices of the Authority, and

(b)at such other places as the Mayor considers appropriate,

at reasonable hours throughout the consultation period.

(3)A copy of the draft Bill, or of any part of the draft Bill, shall be supplied to any person on request during the consultation period for such reasonable fee as the Mayor may determine.

(4)In this paragraph “the consultation period” means the period which—

(a)begins with the first day after the requirements of paragraph 2(1)(b) above have been complied with; and

(b)ends with the time notified pursuant to paragraph 2(3) above.

Consultation on revised draft BillE+W+S

4(1)If, after considering any representations made about the draft Bill pursuant to paragraph 2 above, the Mayor decides to continue with the proposal for a Bill to be promoted, he shall prepare a revised draft of the proposed Bill (“the revised draft Bill”).E+W+S

(2)The revised draft Bill must be in the form of the draft Bill, either as originally prepared or as modified to take account of—

(a)representations made pursuant to paragraph 2 above;

(b)other representations made within the consultation period; or

(c)other material considerations.

(3)After the expiration of at least 30 days from the beginning of the consultation period, the Mayor shall—

(a)send a copy of the revised draft Bill to the Assembly; and

(b)consult the Assembly about it.

(4)Where the Mayor sends a copy of the revised draft Bill to the Assembly pursuant to sub-paragraph (3)(a) above, he shall also give the Assembly notice of the period within which it may make representations to him about the revised draft Bill.

(5)The period specified under sub-paragraph (4) above must be such as will afford the Assembly a reasonable opportunity to consider the revised draft Bill and make representations about it to the Mayor.

(6)In this paragraph “the consultation period” has the same meaning as in paragraph 3 above.

Deposition of the Bill in ParliamentE+W+S

5E+W+SIf, after the requirements of paragraph 4 above have been complied with, a Bill is deposited in Parliament by virtue of section 77(1)(a) of this Act, that Bill must be in the form of the revised draft Bill, either as originally prepared or as modified to take account of—

(a)representations made by the Assembly pursuant to paragraph 4 above; or

(b)other material considerations.

Bills affecting statutory functions of London local authoritiesE+W+S

6E+W+SIf a Bill proposed to be deposited in Parliament by virtue of section 77(1)(a) of this Act contains provisions affecting the exercise of statutory functions by a London local authority, the Bill shall not be deposited in Parliament unless—

(a)in a case where the exercise of statutory functions of one London local authority is affected, that authority has given its written consent to the Bill in the form in which it is to be so deposited; or

(b)in a case where the exercise of statutory functions of two or more London local authorities is affected, at least 90 per cent. of all London local authorities have given their written consent to the Bill in that form.

(2)In this paragraph “London local authority” means—

(a)a London borough council; or

(b)the Common Council.

Publicity for the deposited BillE+W+S

7(1)This paragraph applies where a Bill (“the deposited Bill”) is deposited in Parliament by virtue of section 77(1)(a) of this Act.E+W+S

(2)During the period of 14 days following the day on which the deposited Bill is deposited in Parliament, the Mayor shall take such steps as in his opinion will give adequate publicity to the Bill.

(3)A copy of the deposited Bill shall be kept available by the Mayor for inspection by any person on request free of charge—

(a)at the principal offices of the Authority, and

(b)at such other places as the Mayor considers appropriate,

at reasonable hours throughout the period while the Bill is in Parliament.

(4)A copy of the deposited Bill, or of any part of the deposited Bill, shall be supplied to any person on request during that period for such reasonable fee as the Mayor may determine.

Section 87.

SCHEDULE 6E+W+S Procedure for determining the Authority’s consolidated budget requirement

PreliminaryE+W+S

1(1)It shall be the duty of the Mayor and the Assembly, in accordance with the following provisions of this Schedule, to prepare and approve for each financial year—E+W+S

(a)a budget for each of the constituent bodies as such (a “component budget”); and

(b)a consolidated budget for the Authority (a “consolidated budget”).

(2)A component budget must consist of statements of—

(a)the amount of the component budget requirement for the constituent body concerned; and

(b)the calculations under section 85(4) to (7) of this Act which give rise to that amount.

(3)A consolidated budget must consist of statements of—

(a)the amount of the Authority’s consolidated budget requirement;

(b)the amount of the component budget requirement for each constituent body; and

(c)the calculations under section 85(4) to (8) of this Act which give rise to each of the amounts mentioned in paragraphs (a) and (b) above.

(4)In this Schedule “public meeting”, in relation to the Assembly, means a meeting of the Assembly throughout which members of the public are entitled to be present.

Mayor’s draft component budget for each constituent bodyE+W+S

2(1)For each financial year, the Mayor shall prepare a draft of his proposed component budget for each of the constituent bodies (a “draft component budget”).E+W+S

[F67(2)The Mayor shall consult the Assembly—

(a)before preparing the draft component budget for the Mayor, and

(b)before preparing the draft component budget for the Assembly.]

(3)Before preparing the draft component budget for a functional body, the Mayor shall consult the body.

Draft consolidated budgetE+W+S

3(1)After the Mayor has prepared the draft component budgets under paragraph 2 above, he shall prepare a draft of his proposed consolidated budget for the financial year (the “draft consolidated budget”).E+W+S

(2)Before finally determining the contents of the draft consolidated budget, the Mayor shall consult—

(a)the Assembly, if paragraph (b) below does not apply, or

(b)if the Assembly has so resolved, such committee or other representatives of the Assembly as may be specified in, or determined in accordance with, the resolution,

and (in either case) such other bodies or persons as appear appropriate to the Mayor.

(3)The Mayor shall—

(a)present the draft consolidated budget to the Assembly at a public meeting of the Assembly; and

(b)publish it in such manner as he may determine.

(4)It shall be the duty of the Mayor to comply with paragraph 2 and sub-paragraphs (1) to (3) above on or before 1st February in the financial year preceding that to which the draft consolidated budget relates.

Failure of Mayor to comply with paragraph 3(4)E+W+S

4(1)If the Mayor fails to comply with paragraph 3(4) above, the Assembly shall—E+W+S

(a)prepare a draft component budget for each functional body, after consultation with that body;

(b)[F68prepare a draft component budget for the Authority; and]

[F68prepare a draft component budget for the Mayor;

(bb)prepare a draft component budget for the Assembly; and]

(c)prepare a draft consolidated budget.

(2)If, at a public meeting of the Assembly, the draft consolidated budget prepared under sub-paragraph (1)(c) above is approved by the Assembly—

(a)that draft, as so approved, shall be the Authority’s consolidated budget for the financial year to which it relates; and

(b)the following provisions of this Schedule shall not apply in relation to the consolidated budget or the component budgets for that financial year.

Assembly consideration of Mayor’s draft budgetE+W+S

5(1)This paragraph applies where the Mayor presents a draft consolidated budget to the Assembly in accordance with paragraph 3 above.E+W+S

(2)The draft consolidated budget must be considered at a public meeting of the Assembly.

(3)The Assembly must approve the draft consolidated budget, together with the draft component budgets comprised in it, with or without amendment [F69(but see paragraph 5A below)].

(4)For the purposes of sub-paragraph (3) above, the only amendments which are to be made are those agreed to by the Assembly.

(5)If no amendments are made on consideration of the draft consolidated budget (whether to that budget or to any of the draft component budgets comprised in it) the draft consolidated budget shall be deemed to be approved without amendment.

[F70Limit on Assembly's powers to amend Mayor's draft budget for the AssemblyE+W+S

5A(1)In exercising its powers of amendment under paragraph 5(3) above, the Assembly must not make amendments affecting the amount of the draft component budget requirement for the Assembly if those amendments, taken together, contravene sub-paragraph (2) below.E+W+S

(2)Amendments contravene this sub-paragraph if—

(a)the effect of implementing the amendments is to increase the amount of the draft component budget requirement for the Assembly, and

(b)the condition in sub-paragraph (3) below is met.

(3)The condition is that—

(a)the draft component budget requirement for the Assembly, after implementing the amendments,

exceeds

(b)the adjusted previous component budget requirement for the Assembly.

(4)Find the adjusted previous component budget requirement for the Assembly as follows.

(5)Find NM and OM, where—

• NM is the draft component budget requirement for the Mayor, before implementing any amendments under paragraph 5(3) above;

• OM is the component budget requirement for the Mayor for the previous financial year.

(6)If NM is greater than OM—

(a)find the percentage by which NM is greater than OM, and

(b)increase the amount of the component budget requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component budget requirement for the Assembly.

(7)If NM is less than OM—

(a)find the percentage by which NM is less than OM, and

(b)reduce the amount of the component budget requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component budget requirement for the Assembly.

(8)If NM equals OM, then—

(a)the adjusted previous component budget requirement for the Assembly,

equals

(b)the amount of the component budget requirement for the Assembly for the previous financial year.

(9)The Authority's chief finance officer may direct that such amounts as he may specify in the direction are to be left out of account for the purpose of determining the adjusted previous component budget requirement for the Assembly.

(10)The Secretary of State may give the chief finance officer guidance with respect to the exercise of the power to give a direction under sub-paragraph (9) above.

(11)The chief finance officer must have regard to any such guidance.

(12)For the purposes of this Schedule the “draft component budget requirement” for any constituent body is the component budget requirement for the body as stated in the draft component budget for the body.]

The Mayor’s final draft of the proposed consolidated budgetE+W+S

6(1)After—E+W+S

(a)the draft consolidated budget has been approved (with or without amendment) under paragraph 5 above, or

(b)such period as the Mayor considers reasonable has elapsed without the draft consolidated budget having been so approved,

the Mayor shall prepare a final draft of his proposed consolidated budget for the financial year (the “final draft budget”).

(2)In a case falling within paragraph (b) of sub-paragraph (1) above—

(a)the Mayor shall lay before the Assembly in accordance with the standing orders of the Authority a statement that he is proceeding by virtue of that paragraph; and

(b)on the laying of the statement, the Assembly shall be deemed to have approved the draft consolidated budget without amendment.

(3)Whether the Assembly have approved the draft consolidated budget with or without amendment, the final draft budget may be—

(a)the draft consolidated budget, as approved by the Assembly, with the amendments (if any) made under paragraph 5 above;

(b)the draft consolidated budget amended by the Mayor as he considers appropriate; or

(c)the same as the draft consolidated budget.

(4)The Mayor shall—

(a)present the final draft budget to the Assembly; and

(b)publish it in such manner as he may determine.

(5)If—

(a)the Assembly approved the draft consolidated budget with amendments under paragraph 5 above, but

(b)the final draft budget is anything other than the draft consolidated budget with those amendments,

the Mayor, at the time when he presents the final draft budget to the Assembly, shall lay before the Assembly in accordance with standing orders of the Authority a written statement of his reasons for preparing a final draft budget which is not the draft consolidated budget with those amendments.

(6)It shall be the duty of the Mayor (having regard to paragraph 8(7) below) to comply with sub-paragraph (4) above before the last day of February in the financial year preceding that to which the final draft budget relates.

Failure of Mayor to present final draft budgetE+W+S

7(1)This paragraph applies if the Mayor has complied with paragraph 3(4) above but has failed to comply with paragraph 6(6) above.E+W+S

(2)Where this paragraph applies, a public meeting of the Assembly shall be held to determine the Authority’s consolidated budget requirement.

(3)The component budget requirement of each of the constituent bodies shall be agreed by the Assembly.

(4)The Authority’s consolidated budget requirement shall be deemed to be agreed by the Assembly accordingly.

(5)Where this paragraph applies, the following provisions of this Schedule shall not apply in relation to the consolidated budget or the component budgets for the financial year in question.

Approval of Mayor’s final draft budget by AssemblyE+W+S

8(1)This paragraph applies where the Mayor presents a final draft budget to the Assembly in accordance with paragraph 6 above.E+W+S

(2)The final draft budget must be considered at a public meeting of the Assembly.

(3)After considering the final draft budget, the Assembly must approve it with or without amendment [F71 (but see paragraph 8A below) ] .

(4)For the purposes of sub-paragraph (3) above, the only amendments which are to be made are those agreed to by at least two-thirds of the Assembly members voting.

(5)If no amendments are made on consideration of the final draft budget, the final draft budget shall be deemed to be approved without amendment.

(6)The final draft budget as approved by the Assembly with or without amendment shall be the Authority’s consolidated budget for the financial year.

(7)It shall be the duty of the Assembly to approve the final draft budget with or without amendment before the last day of February in the financial year preceding that to which the final draft budget relates.

[F72Limit on Assembly's power to amend Mayor's final draft budget for the AssemblyE+W+S

8A(1)In exercising its powers of amendment under paragraph 8 above, the Assembly must not make amendments affecting the amount of the final draft component budget requirement for the Assembly if those amendments, taken together, contravene sub-paragraph (2) below.E+W+S

(2)Amendments contravene this sub-paragraph if—

(a)the effect of implementing the amendments is to increase the amount of the final draft component budget requirement for the Assembly, and

(b)the condition in sub-paragraph (3) below is met.

(3)The condition is that—

(a)the final draft component budget requirement for the Assembly, after implementing the amendments,

exceeds

(b)the adjusted previous component budget requirement for the Assembly.

(4)Find the adjusted previous component budget requirement for the Assembly as follows.

(5)Find NM and OM, where—

• NM is the final draft component budget requirement for the Mayor, before implementing any amendments under paragraph 8(3) above;

• OM is the component budget requirement for the Mayor for the previous financial year.

(6)If NM is greater than OM—

(a)find the percentage by which NM is greater than OM, and

(b)increase the amount of the component budget requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component budget requirement for the Assembly.

(7)If NM is less than OM—

(a)find the percentage by which NM is less than OM, and

(b)reduce the amount of the component budget requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component budget requirement for the Assembly.

(8)If NM equals OM, then—

(a)the adjusted previous component budget requirement for the Assembly,

equals

(b)the amount of the component budget requirement for the Assembly for the previous financial year.

(9)Sub-paragraphs (9) to (11) of paragraph 5A above (power of chief finance officer to direct amounts to be left out of account) also have effect for the purposes of this paragraph.

(10)For the purposes of this Schedule the “final draft component budget requirement” for any constituent body is the component budget requirement for the body as stated in the final draft budget.]

Failure of Assembly to approve final draft budgetE+W+S

9E+W+SIf the Assembly fails to comply with paragraph 8(7) above, the final draft budget presented to the Assembly in accordance with paragraph 6 above shall be the Authority’s consolidated budget for the financial year.

Regulations amending datesE+W+S

10E+W+SThe Secretary of State may by regulations modify this Schedule in its application in relation to any particular financial year, by substituting for any reference to 1st February in the preceding financial year a reference to such other day as may be specified in the regulations.

PublicationE+W+S

11(1)The Mayor shall as soon as practicable publish each of the following documents—E+W+S

(a)the Authority’s consolidated budget for the year; and

(b)the component budget of each constituent body for the year.

(2)In this paragraph “relevant document” means any document required to be published under sub-paragraph (1) above.

(3)A copy of each relevant document shall be kept available for the appropriate period by the Mayor for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.

(4)A copy of any relevant document, or any part of a relevant document, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.

(5)In this paragraph “the appropriate period” in the case of any document is the period of six years beginning with the date of publication of the document pursuant to this paragraph.

Section 98.

SCHEDULE 7E+W+S Procedure for making of substitute calculations by the Authority

PreliminaryE+W+S

1(1)This Schedule applies in relation to any substitute calculations which are required to be made in accordance with it.E+W+S

(2)In this Schedule “public meeting”, in relation to the Assembly, means a meeting of the Assembly throughout which members of the public are entitled to be present.

The Mayor’s first draftE+W+S

2(1)The Mayor shall prepare a draft of his proposals for the substitute calculations (“the first draft”).E+W+S

(2)Before finally determining the contents of the first draft, the Mayor shall consult—

(a)the Assembly; and

(b)each of the functional bodies affected by the proposals.

(3)The Mayor shall—

(a)lay the first draft before the Assembly in accordance with standing orders of the Authority; and

(b)publish it in such manner as he may determine.

Failure of Mayor to comply with paragraph 2(3)E+W+S

3(1)This paragraph applies if the Mayor has not complied with paragraph 2(3) above before the beginning of the period of restriction for the purposes of section 96 of this Act or section 52K or 52V of the M10Local Government Finance Act 1992.E+W+S

(2)Where this paragraph applies, the Assembly shall prepare a draft of their proposals for the substitute calculations, after consulting each of the functional bodies affected by the proposals.

(3)If, at a public meeting of the Assembly, the draft proposals prepared under sub-paragraph (2) above are approved by the Assembly—

(a)the Authority’s substitute calculations shall be the substitute calculations in that draft as so approved; and

(b)the following provisions of this Schedule shall not apply in relation to the substitute calculations.

Assembly consideration of Mayor’s first draftE+W+S

4(1)This paragraph applies where the Mayor has laid the first draft before the Assembly in accordance with paragraph 2 above.E+W+S

(2)The first draft must be considered at a public meeting of the Assembly.

(3)The Assembly must approve the first draft with or without amendment.

(4)For the purposes of sub-paragraph (3) above, the only amendments which are to be made are those agreed to by the Assembly.

(5)If no amendments are made on consideration of the first draft, the first draft shall be deemed to be approved without amendment.

[F73Limit on Assembly's powers to amend Mayor's first draft budget for the AssemblyE+W+S

4A(1)In exercising its powers of amendment under paragraph 4(3) above, the Assembly must not make amendments affecting the amount of the first draft component budget requirement for the Assembly if those amendments, taken together, contravene sub-paragraph (2) below.E+W+S

(2)Amendments contravene this sub-paragraph if—

(a)the effect of implementing the amendments is to increase the amount of the first draft component budget requirement for the Assembly, and

(b)the condition in sub-paragraph (3) below is met.

(3)The condition is that—

(a)the first draft component budget requirement for the Assembly, after implementing the amendments,

exceeds

(b)the adjusted previous component budget requirement for the Assembly (see sub-paragraph (5)).

(4)This paragraph is without prejudice to section 49(2) of the Local Government Finance Act 1992 (substitute amount not to exceed previous amount (but see section 49(6) of that Act)).

(5)Find the adjusted previous component budget requirement for the Assembly as follows.

(6)Find NM and OM, where—

• NM is the first draft component budget requirement for the Mayor, before implementing any amendments under paragraph 4(3) above;

• OM is the component budget requirement for the Mayor for the previous financial year.

(7)If NM is greater than OM—

(a)find the percentage by which NM is greater than OM, and

(b)increase the amount of the component budget requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component budget requirement for the Assembly.

(8)If NM is less than OM—

(a)find the percentage by which NM is less than OM, and

(b)reduce the amount of the component budget requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component budget requirement for the Assembly.

(9)If NM equals OM, then—

(a)the adjusted previous component budget requirement for the Assembly,

equals

(b)the amount of the component budget requirement for the Assembly for the previous financial year.

(10)Sub-paragraphs (9) to (11) of paragraph 5A of Schedule 6 to this Act (power of chief finance officer to direct amounts to be left out of account) also have effect for the purposes of this paragraph.

(11)For the purposes of this Schedule—

(a)“component budget” has the same meaning as in Schedule 6 to this Act;

(b)the “first draft component budget” for any constituent body is the draft component budget for that body comprised in the first draft;

(c)the “first draft component budget requirement” for any constituent body is the component budget requirement for the body as stated in the first draft component budget for the body.]

The Mayor’s final draftE+W+S

5(1)After—E+W+S

(a)the first draft has been approved (with or without amendment) under paragraph 4 above, or

(b)such period as the Mayor considers reasonable has elapsed without the first draft having been so approved,

the Mayor shall prepare a final draft of his proposals for the substitute calculations (“the final draft”).

(2)In a case falling within paragraph (b) of sub-paragraph (1) above—

(a)the Mayor shall lay before the Assembly in accordance with standing orders of the Authority a statement that he is proceeding by virtue of that paragraph; and

(b)on the laying of the statement, the Assembly shall be deemed to have approved the first draft without amendment.

(3)Whether the Assembly have approved the first draft with or without amendment, the final draft may be—

(a)the first draft, as approved by the Assembly, with the amendments (if any) made under paragraph 4 above;

(b)the first draft amended by the Mayor as he considers appropriate; or

(c)the same as the first draft.

(4)The Mayor shall—

(a)present the final draft to the Assembly; and

(b)publish it in such manner as he may determine.

(5)If—

(a)the Assembly approved the first draft with amendments under paragraph 4 above, but

(b)the final draft is anything other than the first draft with those amendments,

the Mayor, at the time when he presents the final draft to the Assembly, shall lay before the Assembly in accordance with standing orders of the Authority a written statement of his reasons for preparing a final draft which is not the first draft with those amendments.

Failure of Mayor to present a final draftE+W+S

6(1)This paragraph applies if the Mayor has complied with paragraph 2(3) above but has failed to comply with paragraph 5(4) above before the beginning of the period of restriction for the purposes of section 96 of this Act or section 52K or 52V of the M11Local Government Finance Act 1992.E+W+S

(2)Where this paragraph applies, a public meeting of the Assembly shall be held to determine the Authority’s substitute calculations.

(3)The substitute calculations shall be agreed by the Assembly.

(4)Where this paragraph applies, the following provisions of this Schedule shall not apply in relation to the substitute calculations.

Approval of Mayor’s final draft by AssemblyE+W+S

7(1)This paragraph applies where the Mayor presents a final draft to the Assembly in accordance with paragraph 5 above.E+W+S

(2)The final draft must be considered at a public meeting of the Assembly.

(3)After considering the final draft, the Assembly must approve it with or without amendment.

(4)For the purposes of sub-paragraph (3) above, the only amendments which are to be made are those agreed to by at least two-thirds of the Assembly members voting.

(5)If no amendments are made on consideration of the final draft, the final draft shall be deemed to be approved without amendment.

(6)The Authority’s substitute calculations shall be those in the final draft as approved by the Assembly with the amendments (if any) made in accordance with sub-paragraphs (3) and (4) above.

[F74Limit on Assembly's power to amend Mayor's final draft budget for the AssemblyE+W+S

7A(1)In exercising its powers of amendment under paragraph 7 above, the Assembly must not make amendments affecting the amount of the final draft component budget requirement for the Assembly if those amendments, taken together, contravene sub-paragraph (2) below.E+W+S

(2)Amendments contravene this sub-paragraph if—

(a)the effect of implementing the amendments is to increase the amount of the final draft component budget requirement for the Assembly, and

(b)the condition in sub-paragraph (3) below is met.

(3)The condition is that—

(a)the final draft component budget requirement for the Assembly, after implementing the amendments,

exceeds

(b)the adjusted previous component budget requirement for the Assembly (see sub-paragraph (5)).

(4)This paragraph is without prejudice to section 49(2) of the Local Government Finance Act 1992 (substitute amount not to exceed previous amount (but see section 49(6) of that Act)).

(5)Find the adjusted previous component budget requirement for the Assembly as follows.

(6)Find NM and OM, where—

• NM is the final draft component budget requirement for the Mayor, before implementing any amendments under paragraph 7(3) above;

• OM is the component budget requirement for the Mayor for the previous financial year.

(7)If NM is greater than OM—

(a)find the percentage by which NM is greater than OM, and

(b)increase the amount of the component budget requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component budget requirement for the Assembly.

(8)If NM is less than OM—

(a)find the percentage by which NM is less than OM, and

(b)reduce the amount of the component budget requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component budget requirement for the Assembly.

(9)If NM equals OM, then—

(a)the adjusted previous component budget requirement for the Assembly,

equals

(b)the amount of the component budget requirement for the Assembly for the previous financial year.

(10)Sub-paragraphs (9) to (11) of paragraph 5A of Schedule 6 to this Act (power of chief finance officer to direct amounts to be left out of account) also have effect for the purposes of this paragraph.

(11)For the purposes of this Schedule the “final draft component budget requirement” for any constituent body is the component budget requirement for that body as stated in the final draft.]

Failure of Assembly to approve final draft within 21 daysE+W+S

8E+W+SIf the Assembly fails to approve the final draft, with or without amendment, before the end of the period of 21 days beginning with the day on which the Mayor presented the final draft, the Authority’s substitute calculations shall be those in the final draft presented to the Assembly in accordance with paragraph 5 above.

PublicationE+W+S

9(1)This paragraph applies where any substitute calculations are made in accordance with this Schedule.E+W+S

(2)Where this paragraph applies, the Mayor shall as soon as practicable publish a document containing the substitute calculations.

(3)In this paragraph “relevant document” means any document required to be published under sub-paragraph (2) above.

(4)A copy of each relevant document shall be kept available for the appropriate period by the Mayor for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.

(5)A copy of any relevant document, or any part of a relevant document, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.

(6)In this paragraph “the appropriate period” in the case of any document is the period of six years beginning with the date of publication of the document pursuant to this paragraph.

Section 136.

SCHEDULE 9E+W+S Amendments to Local Government Finance Act 1992

IntroductionE+W+S

1E+W+SChapter IVA of Part I of the M12Local Government Finance Act 1992 (which relates to limitation of council tax and precepts and which was inserted by Schedule 1 to the M13Local Government Act 1999) shall be amended as follows.

Challenge of maximum amount after designation for year under considerationE+W+S

2(1)Section 52F shall be amended as follows.E+W+S

(2)In subsection (6)(a) for “70 and 71” there shall be substituted “ 85 and 86 ”.

(3)In subsection (6)(b) for “80” there shall be substituted “ 95 ”.

Duty of designated precepting authorityE+W+S

3(1)Section 52J shall be amended as follows.E+W+S

(2)In subsection (1)(a) for “70, 71 and 73 to 75 of and Schedule 6” there shall be substituted “ 85, 86 and 88 to 90 of and Schedule 7 ”.

(3)In subsection (3)—

(a)in paragraph (a) for “73(2)” there shall be substituted “ 88(2) ”, and

(b)in paragraph (b) for “74(3)” there shall be substituted “ 89(3) ”.

(4)In subsection (6)—

(a)for “73(2)” (in both places where it occurs) there shall be substituted “ 88(2) ”,

(b)for “74(3)” there shall be substituted “ 89(3) ”, and

(c)for “74(4)” there shall be substituted “ 89(4) ”.

(5)In subsection (8)—

(a)in paragraph (a) for “73(2)” there shall be substituted “ 88(2) ”, and

(b)in paragraph (b) for “74(4)” there shall be substituted “ 89(4) ”.

(6)In subsection (9)—

(a)for “73 and 74” there shall be substituted “ 88 and 89 ”, and

(b)for “74(2)” there shall be substituted “ 89(2) ”.

(7)In subsection (10)(b)—

(a)for “73(3)(b)” there shall be substituted “ 88(3)(b) ”, and

(b)for “74(5)(b)” there shall be substituted “ 89(5)(b) ”.

Challenge of maximum amount after designation under section 52M or 52PE+W+S

4(1)Section 52Q shall be amended as follows.E+W+S

(2)In subsection (5)(a) for “70 and 71” there shall be substituted “ 85 and 86 ”.

(3)In subsection (5)(b) for “80” there shall be substituted “ 95 ”.

Duty of designated precepting authorityE+W+S

5(1)Section 52U shall be amended as follows.E+W+S

(2)In subsections (2)(a) and (3)(a) for “70 to 75” there shall be substituted “ 85 to 90 ”.

(3)In subsection (3)(b) for “70, 71 and 73 to 75 of and Schedule 6” there shall be substituted “ 85, 86 and 88 to 90 of and Schedule 7 ”.

(4)In subsection (6)—

(a)in paragraph (a) for “73(2)” there shall be substituted “ 88(2) ”, and

(b)in paragraph (b) for “74(3)” there shall be substituted “ 89(3) ”.

(5)In subsection (9)—

(a)for “73(2)” (in both places where it occurs) there shall be substituted “ 88(2) ”,

(b)for “74(3)” there shall be substituted “ 89(3) ”, and

(c)for “74(4)” there shall be substituted “ 89(4) ”.

(6)In subsection (11)—

(a)for “73(2)” there shall be substituted “ 88(2) ”, and

(b)for “74(4)” there shall be substituted “ 89(4) ”.

(7)In subsection (12)—

(a)for “73 and 74” there shall be substituted “ 88 and 89 ”, and

(b)for “74(2)” there shall be substituted “ 89(2) ”.

(8)In subsection (13)(b)—

(a)for “73(3)(b)” there shall be substituted “ 88(3)(b) ”, and

(b)for “74(5)(b)” there shall be substituted “ 89(5)(b) ”.

Meaning of budget requirementE+W+S

6E+W+SIn section 52W(2) for “70(8)” there shall be substituted “ 85(8) ”.

Section 154.

SCHEDULE 10E+W+S Transport for London

Status and capacityE+W+S

1(1)Transport for London shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.E+W+S

(2)The members and staff of Transport for London shall not be regarded as civil servants and the property of Transport for London shall not be regarded as property of, or held on behalf of, the Crown.

(3)It shall be within the capacity of Transport for London to do such things and enter into such transactions as are calculated to facilitate, or are conducive or incidental to, the discharge of any of its functions.

Membership of Transport for LondonE+W+S

2(1)Subject to sub-paragraph (2), Transport for London shall consist of not less than eight nor more than [F76seventeen] members, all of whom shall be appointed by the Mayor.E+W+S

(2)The Mayor may choose to be a member of Transport for London and where he does so he shall appoint not less than seven nor more than [F77sixteen] other members under sub-paragraph (1) above.

[F78(2A)The Mayor must exercise his powers under this paragraph so as to secure that at least two members of Transport for London are able to represent the interests of the persons living, working and studying in areas outside Greater London that are served by railway passenger services in respect of which Transport for London carries out functions, or is likely to do so.]