769

House of Commons

Notices of Amendments

given on

Tuesday 2 February 2010

For other Amendment(s) see the following page(s) of Supplement to Votes:

693-723

Committee of the whole House

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Constitutional Reform and Governance Bill

Secretary Jack Straw

136

Clause  62,  page  32,  line  40,  at end insert—

‘( )	Subsection (3) does not apply to the following provisions of this Act (which

accordingly come into force on the day this Act is passed)—

(a)	sections [Referendum on voting systems] and [Referendum period];

(b)	section [Tax status of MPs and members of the House of Lords];

(c)	section [Tax status of members of the House of Lords: transitional

provision] (or section 33, so far as applied by that section);

(d)	section [Section 3 of the Act of Settlement];

(e)	sections [Referendums: person may not be “responsible person” for

more than one permitted participant] and [Referendums: expenses

incurred by persons acting in concert];

(f)	this Part.’.

Referendum on voting systems

Secretary Jack Straw

NC88

To move the following Clause:—

‘(1)	A referendum is to be held, no later than 31 October 2011, on the voting system

for parliamentary elections.

(2)	The Secretary of State must—

(a)	present to Parliament a Command Paper describing an alternative-vote

system for consideration by voters in the referendum;

(b)	by order made by statutory instrument specify the question to be asked in

the referendum (and any statement that is to precede the question) and fix

the date of the poll.

(3)	The question specified under subsection (2)(b) must ask voters whether they

would prefer the alternative-vote system described in the Command Paper to be

Notices of Amendments: 2 February 2010

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Constitutional Reform and Governance Bill, continued

used for parliamentary elections instead of the existing voting system (commonly

referred to as “first past the post”).

Any form of words to that effect may be used.

(4)	In this section “alternative-vote system” means a system under which, for each

constituency—

(a)	one candidate is elected;

(b)	voters must indicate their first-choice candidate and may also rank any or

all of the other candidates in order of preference;

(c)	votes are allocated to candidates in accordance with voters’ first choices

and, if one candidate has more votes than the other candidates put

together, that candidate is elected;

(d)	if not, the candidate with the fewest votes is eliminated and that

candidate’s votes are dealt with as follows—

(i)	each vote cast by a voter who also ranked one or more of the

remaining candidates is reallocated to that remaining candidate

or (as the case may be) to the one that the voter ranked highest;

(ii)	any votes not reallocated play no further part in the counting;

(e)	if one candidate now has more votes than the other remaining candidates

put together, that candidate is elected;

(f)	if not, the process mentioned in paragraph (d) is repeated as many times

as necessary until one candidate has more votes than the other remaining

candidates put together, and so is elected.

(5)	The reference in subsection (4)(d) to the candidate with the fewest votes, in a case

where there are two or more candidates with fewer votes than the others but an

equal number to each other, is a reference to the candidate eliminated in

accordance with whatever provision is made for that case.

(6)	The reference in subsection (4)(f) to the candidate with more votes than the other

remaining candidates put together, in a case where there are only two remaining

candidates and they have an equal number of votes, is a reference to the candidate

elected in accordance with whatever provision is made for that case.

(7)	A statutory instrument specifying the question to be asked in the referendum or

fixing the date of the poll may not be made unless a draft of the instrument has

been laid before and approved by a resolution of each House of Parliament.

(8)	Subsection (1) and sections [Entitlement to vote] to [Restriction on legal

challenge to referendum result] do not apply (and no further duty arises under

subsection (2)(b)) if either House of Parliament, on a motion to approve a draft

laid under subsection (7), decides not to approve it (unless the Secretary of State

decides to lay the draft again under subsection (7), or to lay a revised draft under

that subsection, and the re-laid or revised draft is approved by a resolution of each

House).’.

Entitlement to vote

Secretary Jack Straw

nc89

To move the following Clause:—

‘Those entitled to vote in the referendum under section [Referendum on voting

systems] are—

(a)	the persons who, on the date of the poll, would be entitled to vote as

electors at a parliamentary election in any constituency, and

(b)	the persons (not within paragraph (a)) who on that date would be entitled

to vote as electors at an election to the European Parliament in any

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771

Constitutional Reform and Governance Bill, continued

electoral region because of section 8(3) or (4) of the European

Parliamentary Elections Act 2002 (peers).’.

Referendum period

Secretary Jack Straw

nc90

To move the following Clause:—

‘(1)	This section sets out what is the referendum period, for the purposes of Part 7 of

the Political Parties, Elections and Referendums Act 2000, for the referendum

under section [Referendum on voting systems].

(2)	Subject to subsection (3), the referendum period—

(a)	begins with the date of the making of the order under section

[Referendum on voting systems] that fixes the date of the poll, and

(b)	ends with the date of the poll.

(3)	If the order mentioned in subsection (2)(a) fixes a date that is more than 6 months

after the day on which the order is made, the referendum period is the period of 6

months ending with the date of the poll.’.

Role of Electoral Commission

Secretary Jack Straw

nc91

To move the following Clause:—

‘(1)	‘The Electoral Commission must take whatever steps they think appropriate to

promote public awareness about the referendum under section [Referendum on

voting systems] and how to vote in it.

(2)	The Electoral Commission may take whatever steps they think appropriate to

provide, for persons entitled to vote in the referendum, information about each of

the two voting systems referred to in section [Referendum on voting systems](3).’.

Payments to counting officers

Secretary Jack Straw

nc92

To move the following Clause:—

‘(1)	A counting officer is entitled to recover his or her charges in respect of services

rendered, or expenses incurred, for or in connection with the referendum under

section [Referendum on voting systems] if—

(a)	the services were necessarily rendered, or the expenses were necessarily

incurred, for the efficient and effective conduct of the referendum, and

(b)	the total of the officer’s charges does not exceed the amount (“the overall

maximum recoverable amount”) specified in, or determined in

accordance with, an order made by the Secretary of State by statutory

instrument, with the consent of the Treasury, for the purposes of this

subsection.

(2)	An order under subsection (1) may specify, or make provision for determining in

accordance with the order, a maximum recoverable amount for services or

expenses of a specified description.

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Constitutional Reform and Governance Bill, continued

Subject to subsection (3), the counting officer may not recover more than that

amount in respect of such services or expenses.

(3)	In a particular case the Electoral Commission may, with the consent of the

Treasury, authorise the payment of—

(a)	more than the overall maximum recoverable amount, or

(b)	more than the specified maximum recoverable amount for any specified

services or expenses,

if the Commission are satisfied that the conditions in subsection (4) are met.

(4)	The conditions are—

(a)	that it was reasonable for the counting officer concerned to render the

services or incur the expenses, and

(b)	that the charges in question are reasonable.

(5)	The Electoral Commission must pay the amount of any charges recoverable in

accordance with this section on an account being submitted to them.

But if the Commission think fit they may, before payment, apply for the account

to be taxed under section [Taxation of counting officer’s account].

(6)	Where the superannuation contributions required to be paid by a local authority

in respect of a person are increased by a fee paid under this section as part of a

counting officer’s charges at the referendum, then on an account being submitted

to them the Electoral Commission must pay to the authority a sum equal to the

increase.

(7)	On the counting officer’s request for an advance on account of the officer’s

charges, the Electoral Commission may make an advance on such terms as they

think fit.

(8)	The Electoral Commission may by regulations make provision as to the time

when and the manner and form in which accounts are to be rendered to the

Commission for the purposes of the payment of a counting officer’s charges.

(9)	An order or regulations under this subsection may make different provision for

different cases.

(10)	Any sums required by the Electoral Commission for making payments under this

section are to be charged on and paid out of the Consolidated Fund.’.

Taxation of counting officer’s account

Secretary Jack Straw

nc93

To move the following Clause:—

‘(1)	An application for a counting officer’s account to be taxed must be made—

(a)	except where paragraph (b) applies, to a county court;

(b)	where the counting officer is one who was appointed for an area in

Scotland, to the Auditor of the Court of Session.

A reference in this section to “the court” includes a reference to the Auditor

mentioned in paragraph (b).

(2)	On any such application the court has jurisdiction to tax the account in such

manner and at such time and place as the court thinks fit, and finally to determine

the amount payable to the counting officer.

(3)	Where an application is made for a counting officer’s account to be taxed, the

officer may apply to the court for it to examine any claim made by any person

(“the claimant”) against the officer in respect of matters charged in the account.

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Constitutional Reform and Governance Bill, continued

(4)	On an application under subsection (3), after the claimant has been given notice

and an opportunity to be heard and to tender any evidence, the court may allow,

disallow or reduce the claim, with or without costs.

The court’s determination of the claim is final for all purposes and as against all

persons.

(5)	An application under subsection (1) for taxation of the account of the counting

officer for Northern Ireland must be made to the county court that has jurisdiction

at the place where the officer certified the number of ballot papers counted and

votes cast.’.

Restriction on legal challenge to referendum result

Secretary Jack Straw

nc94

To move the following Clause:—

‘(1)	No court may entertain any proceedings for questioning the number of ballot

papers counted or votes cast in the referendum under section [Referendum on

voting systems] as certified by the Chief Counting Officer or a counting officer

unless—

(a)	the proceedings are brought by a claim for judicial review, and

(b)	the claim form is filed before the end of the permitted period.

(2)	In subsection (1) “the permitted period” means the period of 6 weeks beginning

with—

(a)	the date on which the Chief Counting Officer or counting officer gives a

certificate as to the number of ballot papers counted and votes cast in the

referendum, or

(b)	if the Chief Counting Officer or counting officer gives more than one

such certificate, the date on which the last is given.

(3)	In the application of this section to Scotland, subsection (1) has effect—

(a)	with the substitution in paragraph (a) of “a petition” for “a claim”;

(b)	with the substitution in paragraph (b) of “the petition is lodged” for “the

claim form is filed”.

(4)	In the application of this section to Northern Ireland, subsection (1) has effect—

(a)	with the substitution in paragraph (a) of “an application” for “a claim”;

(b)	with the substitution in paragraph (b) of “the application for leave to

apply for judicial review is lodged” for “the claim form is filed”.’.

Referendums: person may not be “responsible person” for more than one permitted

participant

Secretary Jack Straw

nc95

To move the following Clause:—

‘(1)	Part 7 of the Political Parties, Elections and Referendums Act 2000 (referendums)

is amended as follows.

(2)	In section 105 (permitted participants), in subsection (1)(b)(i), after “(as defined

by section 54(8))” insert “who is not the responsible person, in relation to the

referendum, for another permitted participant”.

(3)	In section 106 (declarations and notifications for purposes of section 105), after

subsection (4) insert—

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774

Constitutional Reform and Governance Bill, continued

“(4A)

A declaration made or notification given by a body in relation to a

particular referendum does not comply with the requirement in

subsection (2)(b) or (4)(b)(ii) (to state the name of the person who will be

responsible for compliance) if the person whose name is stated—

(a)	is already the responsible person for a permitted participant in

relation to the referendum,

(b)	is an individual who gives a notification under subsection (3) in

relation to the referendum at the same time, or

(c)	is the person whose name is stated, in purported compliance with

the requirement in subsection (2)(b) or (4)(b)(ii), in a notification

given in relation to the referendum at the same time by another

body.

In this subsection “the person”, in relation to a body other than a minor

party, is to be read as “the person or officer”.”’.

Referendums: expenses incurred by persons acting in concert

Secretary Jack Straw

nc96

To move the following Clause:—

‘(1)	Part 7 of the Political Parties, Elections and Referendums Act 2000 (referendums)

is amended as follows.

(2)	In section 118 (special restriction on referendum expenses by permitted

participants), in subsection (4), after “for the purposes of this section,” insert

“section 118A,”.

(3)	After that section insert—

“118A

Referendum expenses incurred by persons acting in concert

(1)	This section applies where—

(a)	any referendum expenses are incurred by or on behalf of an

individual or body during the referendum period for a

referendum to which this Part applies, and

(b)	the expenses are so incurred in pursuance of a plan or other

arrangement whereby referendum expenses are to be incurred by

or on behalf of—

(i)	that individual or body, and

(ii)	one or more other individuals or bodies,

respectively with a view to, or otherwise in connection with,

promoting or procuring one particular outcome in relation to any

question asked in the referendum.

(2)	The expenses mentioned in subsection (1)(a) shall be treated for the

purposes of—

(a)	section 117,

(b)	section 118 and Schedule 14, and

(c)	sections 120 to 123,

as having also been incurred, during the referendum period, by or on

behalf of the other individual or body (or, as the case may be, each of the

other individuals or bodies) mentioned in subsection (1)(b)(ii).

(3)	This section applies whether or not any of the individuals or bodies in

question is a permitted participant.”’.

Notices of Amendments: 2 February 2010

775

Constitutional Reform and Governance Bill, continued

Secretary Jack Straw

137

Title,  line  2,  after ‘treaties;’ insert ‘to make provision for a referendum on the voting

system for parliamentary elections, and about referendums generally;’.

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Revised 3 February 2010