GLRO28-02 - GLRO Decision-Making Framework

1. 1. The Greater London Authority (GLA) has a framework for Mayoral Decision-Making in the Greater London Authority. It sets out the structure within which Mayoral decisions are taken and Mayoral powers are delegated. It states that decision-making by the Greater London Returning Officer (GLRO) and their appointed Deputy (DGLRO) or deputies is distinct from that of the GLA. This decision seeks approval to formalise the GLRO’s independent decision-making framework..

2.1.    The GLRO is appointed by the Mayor acting on behalf of the GLA and has overall responsibility for the administration and coordination of the Mayor of London and London Assembly elections (referred to in this document collectively as the GLA Elections). The proposed GLRO framework sets out the decision-making responsibilities of the GLRO and the circumstances when the deputy or deputies may be required to take decisions in place of the GLRO. The proposed framework notes that all decisions will routinely be taken by the GLRO except in the limited circumstances set out in the framework; and takes into account Electoral Commission guidance and relevant legislation. 

Key issues
3.1.    The existence of a GLRO decision-making framework is referenced in Mayoral Decision-Making in the GLA (current version dated June 2024). It states that “GLRO Decisions are subject to their own process and Decision Form and while there are parallels, fall outside of this Framework” . Although the Mayoral decision-making framework may be updated from time to time, the proposed GLRO framework is not required to follow the same schedule. Instead, the GLRO will make updates when needed. Any changes to the framework will be made through a formal GLRO decision.
3.2.    Oversight and implementation of the proposed GLRO framework will sit with the London Elects team, which supports the GLRO’s elections work. Whilst the framework sets out the circumstances in which the DGLRO may be required to take decisions on behalf of the GLRO, the London Elects team may play a role in advising when it is appropriate for the DGLRO to do so. 
 

4.1.    Under section 149 of the Equality Act 2010, as a public authority the GLA (including the GLRO, as an appointed officer of the GLA) must have due regard to the need to: eliminate discrimination, harassment and victimisation, and any conduct that is prohibited by or under the Equality Act; and advance equality of opportunity and foster good relations between people who share a protected characteristic and those who do not. 

4.2.    The proposed GLRO decision-making framework does not, itself, directly impact on matters of equality, diversity and inclusion. However, decisions taken pursuant to the framework may have equality impacts. Such matters will be addressed in individual GLRO decisions.   
 

There are no financial implications arising from this decision.  

6.1.    Section 29 of the Greater London Authority Act 1999 (GLA Act) defines the GLRO as “the person who is for the time being the proper officer of the Authority for the purposes of section 35(2C) of the Representation of the People Act 1983 (RPA 1983) (returning officer at elections of Mayor and London members).”
6.2.    Section 35(2C) Representation of the People Act 1983 provides that the returning officer at the GLA elections shall be the “proper officer” of the Greater London Authority. 
6.3.    Section 424(1) of the GLA Act states that the term “proper officer” shall be construed in accordance with s 424(2), which states: “(2) In this Act, and in any enactment applied by this Act, any reference to a proper officer and any reference which by virtue of this Act is to be construed as such a reference, shall in relation to the Authority or a functional body and any purpose or area be construed as a reference to an officer appointed by the Authority or body for that purpose or area.
6.4.    The Mayor accordingly has appointed the GLRO to carry out the functions required of a returning officer at the GLA elections. These functions are set out in legislation, primarily the Greater London Authority Elections Rules 2007.
6.5.    Section 35(4) Representation of the People Act 1983 provides that the returning officer (in this case, the GLRO) “may by writing under his hand appoint one or more persons to discharge all or any of his functions”.
6.6.    Accordingly, a Deputy GLRO was appointed (see GLRO decision GLRO20-01) with the power to exercise all GLRO functions. 
6.7.    This statutory power to delegate functions allows all or any of the GLRO’s functions to be exercised by those appointed by the GLRO to do so. The proposed GLRO framework is intended, in the interests of clarity and transparency, to set out the circumstances in which GLRO decisions may be taken by the DGLRO. 
 

GLRO decisions will be taken in line with the GLRO decision-making framework once this decision document has been approved.