Parliamentary Voting System and Constituencies Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Parliamentary Voting System and Constituencies Bill

Parliamentary Voting System and Constituencies Bill
Part 1 — Voting system for parliamentary elections
1

A
Bill
To
Make provision for a referendum on the voting system for parliamentary
elections and to provide for parliamentary elections to be held under the
alternative vote system if a majority of those voting in the referendum are in
favour of that; to make provision about the number and size of parliamentary
constituencies; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Voting system for parliamentary elections
The referendum
1
Referendum on the alternative vote system
(1)
A referendum is to be held on the voting system for parliamentary elections.
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(2)
The referendum must be held on 5 May 2011.
(3)
The question that is to appear on the ballot papers is—

Do you want the United Kingdom to adopt the

“alternative vote” system instead of the current

“first past the post” system for electing Members

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of Parliament to the House of Commons?

(4)
In Wales, the following Welsh version of the question is also to appear on the
ballot papers—

Bill 63
55/1

Parliamentary Voting System and Constituencies Bill
Part 1 — Voting system for parliamentary elections
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Ydych chi am i’r Deyrnas Unedig ddilyn y

system “pleidlais amgen” yn lle’r system

gyfredol “y cyntaf i’r felin” ar gyfer ethol

Aelodau Seneddol i Dœ’r Cyffredin?

(5)
Schedule 1 has effect in relation to the referendum.
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2
Entitlement to vote in the referendum
(1)
Those entitled to vote in the referendum are—
(a)
the persons who, on the date of the referendum, would be entitled to
vote as electors at a parliamentary election in any constituency, and
(b)
the persons who, on that date, are disqualified by reason of being peers
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from voting as electors at parliamentary elections but—
(i)
would be entitled to vote as electors at a local government
election in any electoral area in Great Britain,
(ii)
would be entitled to vote as electors at a local election in any
district electoral area in Northern Ireland, or
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(iii)
would be entitled to vote as electors at a European
Parliamentary election in any electoral region by virtue of
section 3 of the Representation of the People Act 1985 (peers
resident outside the United Kingdom).
(2)
In subsection (1)(b)(i) “local government election” includes a municipal
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election in the City of London (that is, an election to the office of mayor,
alderman, common councilman or sheriff and also the election of any officer
elected by the mayor, aldermen and liverymen in common hall).
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Conduct of the referendum
(1)
The referendum is to be conducted in accordance with the rules set out in Part 1
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of Schedule 2.
(2)
Part 2 of that Schedule (forms and directions) has effect for the purposes of
those rules.
(3)
Schedule 3 (absent voting in the referendum) has effect.
(4)
Schedule 4 (application for the referendum of existing provisions) has effect.
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4
Control of loans etc to permitted participants
(1)
The 2000 Act has effect in relation to the referendum as if the Schedule set out
in Schedule 5 to this Act were inserted in that Act as Schedule 15A.
(2)
Section 120 of the 2000 Act (returns as to referendum expenses) has effect in
relation to the referendum as if at the end of subsection (2)(d) there were
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inserted “and a statement of regulated transactions entered into in respect of
the referendum which complies with the requirements of paragraphs 11 to 15
of Schedule 15A”.
(3)
Section 123 of the 2000 Act (declaration of responsible person as to return
under section 120) has effect in relation to the referendum as if for subsection
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Parliamentary Voting System and Constituencies Bill
Part 1 — Voting system for parliamentary elections
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(3) there were substituted—
“(3)
In a case where the permitted participant either is not a registered party
or is a minor party, the declaration must also—
(a)
in relation to all relevant donations recorded in the return as
having been accepted by the permitted participants—
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(i)
state that they were all from permissible donors, or
(ii)
state whether or not section 56(2) was complied with in
the case of each of those donations that was not from a
permissible donor;
(b)
in relation to all regulated transactions recorded in the return as
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having been entered into by the permitted participant—
(i)
state that none of the transactions was made void by
paragraph 5(2) of Schedule 15A, or
(ii)
state whether or not paragraph 5(3)(a) of that Schedule
was complied with in the case of each of the transactions
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that was made void by paragraph 5(2) of that Schedule.”
(4)
Section 124 of the 2000 Act (public inspection of returns under section 120) has
effect in relation to the referendum as if for subsection (2) there were
substituted—
“(2)
If the return contains a statement of relevant donations or a statement
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of regulated transactions in accordance with section 120(2)(d), the
Commission shall secure that the copy of the statement made available
for public inspection does not include—
(a)
in the case of any donation by an individual, the donor’s
address;
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(b)
in the case of a transaction entered into by the permitted
participant with an individual, the individual’s address.”
(5)
Schedule 15 to the 2000 Act (control of donations to permitted participants) has
effect in relation to the referendum as if for paragraph (b) of paragraph 10(2)
there were substituted—
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“(b)
the value of it and any other relevant benefit or benefits is more
than that amount.

In paragraph (b) “relevant benefit” means any relevant donation or
regulated transaction (within the meaning of Schedule 15A) made by,
or entered into with, the person who made the donation.”
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(6)
Paragraphs 4, 5, 6 and 8 of the Schedule set out in Schedule 5 do not apply to
regulated transactions (within the meaning of that Schedule) entered into
before the commencement of this section; but otherwise the provisions of this
section (and that Schedule) apply to such transactions entered into before as
well as after that commencement.
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(7)
Paragraph 7 of that Schedule applies only to a purported transfer made on or
after the commencement of this section.
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Interpretation
In this Part—
“the 1983 Act” means the Representation of the People Act 1983;
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“the 2000 Act” means the Political Parties, Elections and Referendums Act
2000;

Parliamentary Voting System and Constituencies Bill
Part 1 — Voting system for parliamentary elections
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“Chief Counting Officer” means the Chief Counting Officer for the
referendum (see section 128(2) of the 2000 Act);
“counting officer”—
(a)
in relation to a voting area in Great Britain, means the officer
appointed for that area under section 128(3) of the 2000 Act or
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by virtue of paragraph 2(3) of Schedule 1 to this Act;
(b)
in relation to Northern Ireland, means the Chief Electoral
Officer for Northern Ireland;
“the Minister” means the Lord President of the Council or the Secretary of
State;
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“permitted participant” has the same meaning as in Part 7 of the 2000 Act
(see section 105(1) of that Act);
“the referendum” means the referendum under section 1;
“referendum rules” means the rules in Part 1 of Schedule 2;
“Regional Counting Officer” means an officer appointed under paragraph
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2(1) of Schedule 1;
“responsible person” has the same meaning as in Part 7 of the 2000 Act
(see section 105(2) of that Act);
“voting area” means—
(a)
a relevant area in Great Britain within the meaning of Part 7 of
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the 2000 Act (see section 128(9) of that Act), or
(b)
Northern Ireland.
Result of the referendum
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Commencement or repeal of amending provisions
(1)
The Minister must make an order bringing into force section 7, Schedule 6 and
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Part 1 of Schedule 7 (“the alternative vote provisions”) if—
(a)
more votes are cast in the referendum in favour of the answer “Yes”
than in favour of the answer “No”, and
(b)
the draft of an Order in Council laid before Parliament under
subsection (5A) of section 3 of the Parliamentary Constituencies Act
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1986 (substituted by section 8(6) below) has been submitted to Her
Majesty in Council under section 4 of that Act.
(2)
If more votes are not cast in the referendum in favour of the answer “Yes” than
in favour of the answer “No”, the Minister must make an order repealing the
alternative vote provisions.
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(3)
An order under subsection (1) must bring the alternative vote provisions into
force on the same day as the coming into force of the Order in Council in terms
of the draft referred to in paragraph (b) of that subsection.
(4)
An order under subsection (1) may make transitional or saving provision.
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The alternative vote system: amendments
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(1)
In Schedule 1 to the 1983 Act (parliamentary elections rules), after rule 37 there

Parliamentary Voting System and Constituencies Bill
Part 1 — Voting system for parliamentary elections
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is inserted—
“How votes are to be given
37A   (1)
A voter votes by marking the ballot paper with—
(a)
the number 1 opposite the name of the candidate who is the
voter’s first preference (or, as the case may be, the only
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candidate for whom the voter wishes to vote),
(b)
if the voter wishes, the number 2 opposite the name of the
candidate who is the voter’s second preference,

and so on.
      (2)
The voter may mark as many preferences (up to the number of
10
candidates) as the voter wishes.”
(2)
After rule 45 in that Schedule there is inserted—
“How votes are to be counted
45A   (1)
This rule sets out how votes are to be counted, in one or more stages
of counting, in order to give effect to the preferences marked by
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voters on their ballot papers and so to determine which candidate is
elected.
      (2)
Votes shall be allocated to candidates in accordance with voters’ first
preferences and, if one candidate has more votes than the other
candidates put together, that candidate is elected.
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      (3)
If not, the candidate with the fewest votes is eliminated and that
candidate’s votes shall be dealt with as follows—
(a)
each vote cast by a voter who also ranked one or more of the
remaining candidates shall be reallocated to that remaining
candidate or (as the case may be) to the one that the voter
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ranked highest;
(b)
any votes not reallocated shall play no further part in the
counting.
      (4)
If after that stage of counting one candidate has more votes than the
other remaining candidates put together, that candidate is elected.
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      (5)
If not, the process mentioned in paragraph (3) above shall be
repeated as many times as necessary until one candidate has more
votes than the other remaining candidates put together, and so is
elected.
Information to be given by returning officer after each stage of counting
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45B   (1)
If no candidate is elected (as mentioned in rule 45A(2)) at the first
stage of counting, the returning officer shall, immediately after that
stage, record and make publicly available the following
information—
(a)
the number of first-preference votes obtained by each
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candidate;
(b)
which candidate was eliminated;
(c)
the number of rejected ballot papers.

Parliamentary Voting System and Constituencies Bill
Part 2 — Parliamentary constituencies
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      (2)
Immediately after each subsequent stage of counting, except the final
stage (on completion of which the requirements in rule 50 apply), the
returning officer shall record and make publicly available the
following information—
(a)
the number of votes obtained by each candidate at that stage
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(including any reallocated in accordance with rule 45A);
(b)
which candidate was eliminated at that stage;
(c)
the number of votes of the candidate eliminated at the
previous stage that were not reallocated.”
(3)
Schedule 6 makes further amendments to the parliamentary elections rules,
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and other legislation, in connection with the alternative vote system.
(4)
The Minister may by order make any amendments to primary or secondary
legislation (whenever passed or made) that are consequential on amendments
made by this section or Schedule 6.
(5)
In subsection (4) “primary or secondary legislation” means any provision of, or
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made under, any Act.
(6)
An order under subsection (4) may include transitional or saving provision.
(7)
An order under subsection (4) may not be made unless a draft of the order has
been laid before, and approved by a resolution of, each House of Parliament.
(8)
Before making an order under subsection (4) the Minister must consult the
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Electoral Commission.
Part 2
Parliamentary constituencies
8
Reports of the Boundary Commissions
(1)
In the Parliamentary Constituencies Act 1986 (“the 1986 Act”) section 3 (reports
25
of the Boundary Commissions) is amended as follows.
(2)
In subsection (1)—
(a)
in paragraph (a), for “paragraphs 1 to 6 of Schedule 2 to this Act (read
with paragraph 7 of that Schedule)” there is substituted “Schedule 2 to
this Act”;
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(b)
in paragraph (b), the words “(read with paragraph 7)” are repealed.
(3)
For subsection (2) there is substituted—
“(2)
A Boundary Commission shall submit reports under subsection (1)
above periodically—
(a)
before 1st October 2013, and
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(b)
before 1st October of every fifth year after that.”
(4)
After subsection (2A) there is inserted—
“(2B)
In relation to any report which a Boundary Commission are required
by subsection (2) above to submit before a particular date but have not
yet submitted (a “pending boundary report”), the Commission shall
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submit to the Speaker of the House of Commons—

Parliamentary Voting System and Constituencies Bill
Part 2 — Parliamentary constituencies
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(a)
during the January that begins one year and nine months before
that date, and
(b)
during each subsequent January,

a report setting out what progress they have made with the preparation
of the pending boundary report, with particular reference to the
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requirement in subsection (2) above.
(2C)
On receiving a report under subsection (2B) above, the Speaker shall lay
it before Parliament.”
(5)
Subsection (3) is repealed.
(6)
For subsection (5) there is substituted—
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“(5)
As soon as may be after the submission of a report under subsection (1)
above, the Secretary of State shall lay the report before Parliament.
(5A)
As soon as may be after the submission of all four reports under
subsection (1) above that are required by subsection (2) above to be
submitted before a particular date, the Secretary of State shall lay before
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Parliament the draft of an Order in Council for giving effect, with or
without modifications, to the recommendations contained in them.
(5B)
Subsection (5A) above does not apply where each of the reports states
that no alteration is required to be made in respect of the part of the
United Kingdom with which the Commission in question are
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concerned.”
(7)
Subsections (7) and (8) are repealed.
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Number and distribution of seats
(1)
For Schedule 2 to the 1986 Act there is substituted—
“Schedule 2
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Section 3

           Rules for distribution of seats
Number of constituencies
1
The number of constituencies in the United Kingdom shall be 600.
Electorate per constituency
2     (1)
The electorate of any constituency shall be—
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(a)
no less than 95% of the United Kingdom electoral quota, and
(b)
no more than 105% of that quota.
      (2)
This rule is subject to rules 4(2), 6(2) and 7.
      (3)
In this Schedule the “United Kingdom electoral quota” means—

where U is the electorate of the United Kingdom minus the electorate
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of the constituencies mentioned in rule 6.