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Make provision for a referendum on the voting system for parliamentary |
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elections and to provide for parliamentary elections to be held under the |
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alternative vote system if a majority of those voting in the referendum are in |
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favour of that; to make provision about the number and size of parliamentary |
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constituencies; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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Voting system for parliamentary elections |
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1 | Referendum on the alternative vote system |
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(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. |
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(3) | The question that is to appear on the ballot papers is— |
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| 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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(4) | In Wales, the following Welsh version of the question is also to appear on the |
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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? |
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(5) | Schedule 1 has effect in relation to the referendum. |
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2 | Entitlement to vote in the referendum |
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(1) | Those entitled to vote in the referendum are— |
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(a) | the persons who, on the date of the referendum, would be entitled to |
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vote as electors at a parliamentary election in any constituency, and |
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(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— |
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(i) | would be entitled to vote as electors at a local government |
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election in any electoral area in Great Britain, |
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(ii) | would be entitled to vote as electors at a local election in any |
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district electoral area in Northern Ireland, or |
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(iii) | would be entitled to vote as electors at a European |
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Parliamentary election in any electoral region by virtue of |
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section 3 of the Representation of the People Act 1985 (peers |
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resident outside the United Kingdom). |
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(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, |
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alderman, common councilman or sheriff and also the election of any officer |
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elected by the mayor, aldermen and liverymen in common hall). |
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3 | Conduct of the referendum |
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(1) | The referendum is to be conducted in accordance with the rules set out in Part 1 |
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(2) | Part 2 of that Schedule (forms and directions) has effect for the purposes of |
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(3) | Schedule 3 (absent voting in the referendum) has effect. |
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(4) | Schedule 4 (application for the referendum of existing provisions) has effect. |
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4 | Control of loans etc to permitted participants |
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(1) | The 2000 Act has effect in relation to the referendum as if the Schedule set out |
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in Schedule 5 to this Act were inserted in that Act as Schedule 15A. |
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(2) | Section 120 of the 2000 Act (returns as to referendum expenses) has effect in |
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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 |
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the referendum which complies with the requirements of paragraphs 11 to 15 |
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(3) | Section 123 of the 2000 Act (declaration of responsible person as to return |
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under section 120) has effect in relation to the referendum as if for subsection |
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(3) there were substituted— |
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“(3) | In a case where the permitted participant either is not a registered party |
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or is a minor party, the declaration must also— |
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(a) | in relation to all relevant donations recorded in the return as |
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having been accepted by the permitted participants— |
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(i) | state that they were all from permissible donors, or |
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(ii) | state whether or not section 56(2) was complied with in |
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the case of each of those donations that was not from a |
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(b) | in relation to all regulated transactions recorded in the return as |
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having been entered into by the permitted participant— |
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(i) | state that none of the transactions was made void by |
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paragraph 5(2) of Schedule 15A, or |
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(ii) | state whether or not paragraph 5(3)(a) of that Schedule |
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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.” |
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(4) | Section 124 of the 2000 Act (public inspection of returns under section 120) has |
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effect in relation to the referendum as if for subsection (2) there were |
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“(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 |
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Commission shall secure that the copy of the statement made available |
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for public inspection does not include— |
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(a) | in the case of any donation by an individual, the donor’s |
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(b) | in the case of a transaction entered into by the permitted |
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participant with an individual, the individual’s address.” |
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(5) | Schedule 15 to the 2000 Act (control of donations to permitted participants) has |
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effect in relation to the referendum as if for paragraph (b) of paragraph 10(2) |
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“(b) | the value of it and any other relevant benefit or benefits is more |
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| In paragraph (b) “relevant benefit” means any relevant donation or |
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regulated transaction (within the meaning of Schedule 15A) made by, |
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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 |
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regulated transactions (within the meaning of that Schedule) entered into |
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before the commencement of this section; but otherwise the provisions of this |
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section (and that Schedule) apply to such transactions entered into before as |
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well as after that commencement. |
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(7) | Paragraph 7 of that Schedule applies only to a purported transfer made on or |
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after the commencement of this section. |
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“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 |
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“Chief Counting Officer” means the Chief Counting Officer for the |
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referendum (see section 128(2) of the 2000 Act); |
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(a) | in relation to a voting area in Great Britain, means the officer |
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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; |
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(b) | in relation to Northern Ireland, means the Chief Electoral |
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Officer for Northern Ireland; |
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“the Minister” means the Lord President of the Council or the Secretary of |
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“permitted participant” has the same meaning as in Part 7 of the 2000 Act |
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(see section 105(1) of that Act); |
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“the referendum” means the referendum under section 1; |
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“referendum rules” means the rules in Part 1 of Schedule 2; |
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“Regional Counting Officer” means an officer appointed under paragraph |
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“responsible person” has the same meaning as in Part 7 of the 2000 Act |
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(see section 105(2) of that Act); |
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(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 |
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6 | Commencement or repeal of amending provisions |
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(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— |
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(a) | more votes are cast in the referendum in favour of the answer “Yes” |
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than in favour of the answer “No”, and |
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(b) | the draft of an Order in Council laid before Parliament under |
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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 |
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Majesty in Council under section 4 of that Act. |
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(2) | If more votes are not cast in the referendum in favour of the answer “Yes” than |
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in favour of the answer “No”, the Minister must make an order repealing the |
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alternative vote provisions. |
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(3) | An order under subsection (1) must bring the alternative vote provisions into |
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force on the same day as the coming into force of the Order in Council in terms |
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of the draft referred to in paragraph (b) of that subsection. |
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(4) | An order under subsection (1) may make transitional or saving provision. |
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7 | The alternative vote system: amendments |
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(1) | In Schedule 1 to the 1983 Act (parliamentary elections rules), after rule 37 there |
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“How votes are to be given |
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37A (1) | A voter votes by marking the ballot paper with— |
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(a) | the number 1 opposite the name of the candidate who is the |
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voter’s first preference (or, as the case may be, the only |
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candidate for whom the voter wishes to vote), |
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(b) | if the voter wishes, the number 2 opposite the name of the |
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candidate who is the voter’s second preference, |
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(2) | The voter may mark as many preferences (up to the number of |
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candidates) as the voter wishes.” |
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(2) | After rule 45 in that Schedule there is inserted— |
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“How votes are to be counted |
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45A (1) | This rule sets out how votes are to be counted, in one or more stages |
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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 |
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(2) | Votes shall be allocated to candidates in accordance with voters’ first |
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preferences and, if one candidate has more votes than the other |
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candidates put together, that candidate is elected. |
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(3) | If not, the candidate with the fewest votes is eliminated and that |
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candidate’s votes shall be dealt with as follows— |
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(a) | each vote cast by a voter who also ranked one or more of the |
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remaining candidates shall be reallocated to that remaining |
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candidate or (as the case may be) to the one that the voter |
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(b) | any votes not reallocated shall play no further part in the |
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(4) | If after that stage of counting one candidate has more votes than the |
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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 |
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repeated as many times as necessary until one candidate has more |
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votes than the other remaining candidates put together, and so is |
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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 |
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stage of counting, the returning officer shall, immediately after that |
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stage, record and make publicly available the following |
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(a) | the number of first-preference votes obtained by each |
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(b) | which candidate was eliminated; |
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(c) | the number of rejected ballot papers. |
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(2) | Immediately after each subsequent stage of counting, except the final |
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stage (on completion of which the requirements in rule 50 apply), the |
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returning officer shall record and make publicly available the |
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(a) | the number of votes obtained by each candidate at that stage |
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(including any reallocated in accordance with rule 45A); |
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(b) | which candidate was eliminated at that stage; |
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(c) | the number of votes of the candidate eliminated at the |
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previous stage that were not reallocated.” |
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(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. |
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(4) | The Minister may by order make any amendments to primary or secondary |
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legislation (whenever passed or made) that are consequential on amendments |
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made by this section or Schedule 6. |
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(5) | In subsection (4) “primary or secondary legislation” means any provision of, or |
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(6) | An order under subsection (4) may include transitional or saving provision. |
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(7) | An order under subsection (4) may not be made unless a draft of the order has |
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been laid before, and approved by a resolution of, each House of Parliament. |
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(8) | Before making an order under subsection (4) the Minister must consult the |
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Parliamentary constituencies |
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8 | Reports of the Boundary Commissions |
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(1) | In the Parliamentary Constituencies Act 1986 (“the 1986 Act”) section 3 (reports |
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of the Boundary Commissions) is amended as follows. |
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(a) | in paragraph (a), for “paragraphs 1 to 6 of Schedule 2 to this Act (read |
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with paragraph 7 of that Schedule)” there is substituted “Schedule 2 to |
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(b) | in paragraph (b), the words “(read with paragraph 7)” are repealed. |
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(3) | For subsection (2) there is substituted— |
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“(2) | A Boundary Commission shall submit reports under subsection (1) |
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(a) | before 1st October 2013, and |
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(b) | before 1st October of every fifth year after that.” |
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(4) | After subsection (2A) there is inserted— |
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“(2B) | In relation to any report which a Boundary Commission are required |
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by subsection (2) above to submit before a particular date but have not |
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yet submitted (a “pending boundary report”), the Commission shall |
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submit to the Speaker of the House of Commons— |
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(a) | during the January that begins one year and nine months before |
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(b) | during each subsequent January, |
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| a report setting out what progress they have made with the preparation |
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of the pending boundary report, with particular reference to the |
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requirement in subsection (2) above. |
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(2C) | On receiving a report under subsection (2B) above, the Speaker shall lay |
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(5) | Subsection (3) is repealed. |
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(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) |
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above, the Secretary of State shall lay the report before Parliament. |
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(5A) | As soon as may be after the submission of all four reports under |
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subsection (1) above that are required by subsection (2) above to be |
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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 |
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without modifications, to the recommendations contained in them. |
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(5B) | Subsection (5A) above does not apply where each of the reports states |
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that no alteration is required to be made in respect of the part of the |
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United Kingdom with which the Commission in question are |
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(7) | Subsections (7) and (8) are repealed. |
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9 | Number and distribution of seats |
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(1) | For Schedule 2 to the 1986 Act there is substituted— |
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Rules for distribution of seats |
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1 | The number of constituencies in the United Kingdom shall be 600. |
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Electorate per constituency |
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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 |
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(b) | no more than 105% of that quota. |
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(2) | This rule is subject to rules 4(2), 6(2) and 7. |
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(3) | In this Schedule the “United Kingdom electoral quota” means—![equation: over[char[U],num[598.0000000000000000,"598"]]](6301.gif) |
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| where U is the electorate of the United Kingdom minus the electorate |
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of the constituencies mentioned in rule 6. |
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