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
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
104

Provision
Modification

For subsections (5) and (6) substitute—

“(5)
The counting officer may cause to be

displayed at every polling station an

enlarged sample copy of the ballot paper.

5

(6)
The sample copy mentioned in subsection

(5) above—

(a)
must have printed on it the words

“Vote (X) once only” both at the top

and immediately below the

10

referendum question, and

(b)
below the second occurrence of

those words, may include a

translation of those words into such

other languages as the counting

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officer thinks appropriate.”

In section 202 (interpretation),
In the definition of “prescribed”, after

the definitions in subsection
“regulations” insert “applied by Schedule 4 to the

(1) of “legal incapacity”, “legal
Parliamentary Voting System and Constituencies

process”, “person”,
Act 2010”.

20

“prescribed” and “universal

postal service provider”; and

subsection (2)

Section 204(3), (5) and (8)

(general application to

25

Scotland)

Section 205 (general

application to Northern

Ireland)

Part 2
30
Electoral Administration Act 2006
2
Section 71 of the Electoral Administration Act 2006 (restriction on powers of
arrest by persons other than constables) applies for the purposes of the
referendum as if the reference to section 60 of the 1983 Act (personation)
were to that section as applied by Part 1 of this Schedule.
35
Part 3
The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
3     (1)
The provisions of the relevant regulations listed in the first column of the
table apply for the purposes of the referendum; and for this purpose the
relevant regulations are—
40
(a)
the Representation of the People (England and Wales) Regulations
2001 (S.I. 2001/341) (referred to in this paragraph as “the England
and Wales Regulations”), and

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
105

(b)
the Representation of the People (Scotland) Regulations 2001
(S.I. 2001/497) (referred to in this paragraph as “the Scotland
Regulations”).
      (2)
In their application by virtue of this paragraph, those provisions have
effect—
5
(a)
with the modifications (if any) shown in the second column of the
table, and
(b)
with any other necessary modifications, including in particular those
set out in sub-paragraph (3).
      (3)
Except where the context otherwise requires—
10
(a)
a reference to a provision that is applied by this Schedule has effect
as a reference to that provision as so applied (subject to sub-
paragraph (4)(c), (d), (e) and (g));
(b)
expressions are to be construed in accordance with the definitions
listed in section 5 of this Act and rule 52 of the referendum rules.
15
      (4)
In the following provisions of the relevant regulations, a reference to
subsection (3), (3B) or (3D) of section 13B of the 1983 Act includes a reference
to that subsection as applied by Part 1 of this Schedule—
(a)
regulation 7(5)(b) (copies of documents);
(b)
regulation 31A(1)(c) (objections made after an application has been
20
allowed but before an alteration to the register has taken effect etc.);
(c)
regulation 36A (communication of notices issued on polling day),
including that regulation as applied by this paragraph;
(d)
regulation 92 (definition of register for certain purposes), including
that regulation as applied by this paragraph;
25
(e)
regulation 97 of the Scotland Regulations (supply of free copy of full
register for electoral purposes), including that regulation as applied
by this paragraph;
(f)
regulations 97A(1)(b), 98(1)(b), 99(1)(b), 100(2)(b), 108A(1)(b),
110(1)(b) and (7) and 111(1) and (6)(b) of the Scotland Regulations
30
(supply of the register to certain persons);
(g)
regulation 98 of the England and Wales Regulations (supply of free
copy of full register for electoral purposes), including that regulation
as applied by this paragraph;
(h)
regulations 99(1)(b), 100(1)(b), 101(3)(b), 102(1)(b), 109A(1)(b),
35
111(1)(b) and (7) and 112(1), (6)(b) and (7) of the England and Wales
Regulations (supply of the register to certain persons);
(i)
regulation 116(1)(aa) (interpretation of Part 7).
      (5)
In relation to the referendum—
(a)
regulation 45B(2) of the Scotland Regulations (restrictions on supply
40
etc. of record of anonymous entries) has effect as if after sub-
paragraph (a) there were inserted—
“(aa)
a deputy of the registration officer acting in that
other capacity;”

and as if the references in sub-paragraph (b) to “that officer” were to
45
“a person mentioned in sub-paragraph (a) or (aa)”;
(b)
regulation 94(2) of the England and Wales Regulations (restrictions
on supply etc. of full register) has effect as if after sub-paragraph (b)

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
106

there were inserted—
“(ba)
the Chief Counting Officer and any Regional
Counting Officer;
(bb)
any deputy of the Chief Counting Officer or any
Regional Counting Officer;”
5

and as if the references in sub-paragraph (c) to “any person
mentioned in paragraph (a) or (b)” and “any such officer” were
references to “a person mentioned in sub-paragraph (a), (b), (ba)
or (bb)”;
(c)
regulation 94(2) of the Scotland Regulations (restrictions on supply
10
etc. of full register) has effect as if after sub-paragraph (a) there were
inserted—
“(aa)
any deputy of the registration officer acting in that
other capacity,
(ab)
the Chief Counting Officer and any Regional
15
Counting Officer,
(ac)
any deputy of the Chief Counting Officer or any
Regional Counting Officer,”

and as if the references in sub-paragraph (b) to “that officer” were to
“a person mentioned in sub-paragraph (a), (aa), (ab) or (ac)”.
20
      (6)
The provisions of the relevant regulations that apply for the purposes of the
referendum by virtue of this paragraph are in addition to the provisions of
the regulations that would apply for those purposes in any event.

Provision
Modification

Regulation 3(1) and (3)

25

(interpretation)

Regulation 4 (forms)
In paragraph (1)—

(a)
for paragraphs (a) and (b) substitute

“applications made under Part 1 of

Schedule 3 to the Parliamentary Voting

30

System and Constituencies Act 2010 and

Part 4 of these Regulations”;

(b)
“an election” substitute “the referendum”.

Paragraph (2) applies for the purposes of the

referendum only in so far as it relates to Form K in

35

Schedule 3 to the regulations.

Regulation 5 (applications,

notices etc.)

Regulation 6 (electronic

signatures)

40

Regulation 8 (time)

Regulation 11 (interference

with notices etc.)

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
107

Provision
Modification

Regulation 32A

(representations regarding

clerical errors)

Regulation 36(2) and (3)
In paragraph (2) omit “13A(2) or”.

5

(notices in connection with

registration)

Regulation 36A

(communication of notices

issued on polling day)

10

Regulation 50
Omit the definition of “allotted polling station”.

(interpretation of Part 4)

Regulation 51 (general
For “Schedule 4” substitute “Part 1 of Schedule 3 to

requirements for
the Parliamentary Voting System and

applications for an absent
Constituencies Act 2010”.

15

vote)

In paragraph (2)—

(a)
in sub-paragraph (b), for “paragraph 7(4) or

(7) of Schedule 4” substitute “paragraph 8(4)

or (5) of Schedule 3 to the Parliamentary

20

Voting System and Constituencies Act

2010”;

(b)
in sub-paragraph (f), for “paragraph 3, 4 or 7

of Schedule 4” substitute “paragraph 4 or 8

of Schedule 3 to the Parliamentary Voting

25

System and Constituencies Act 2010”.

Omit paragraph (4).

For paragraph (5) substitute—

“(5)
An application that is made under Part 1 of

Schedule 3 to the Parliamentary Voting

30

System and Constituencies Act 2010 for the

purposes of the referendum must state that it

is so made.”

Regulation 51A (additional
In sub-paragraph (a)—

provision concerning
(a)
for “Schedule 4” substitute “Part 1 of

35

requirement that
Schedule 3 to the Parliamentary Voting

applications for absent vote
System and Constituencies Act 2010”;

must be signed)
(b)
for “returning officer” substitute “counting

officer”.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
108

Provision
Modification

Regulation 51AA
In paragraph (1)—

(additional requirement for
(a)
in sub-paragraph (a), for “paragraph 3(1)

applications for ballot paper
or (7) or 4(1) of Schedule 4” substitute

to be sent to different
“paragraph 4(1) of Schedule 3 to the

5

address from that stated in
Parliamentary Voting System and

application)
Constituencies Act 2010”;

(b)
in sub-paragraph (b), for “paragraph 7(4) of

Schedule 4” substitute “paragraph 8(4) of

Schedule 3 to the Parliamentary Voting

10

System and Constituencies Act 2010”.

Regulation 51B (additional
In paragraph (1), for sub-paragraphs (a) and (b)

requirement for applications
substitute “paragraph 4(5)(a) or 8(5) of Schedule 3

for ballot paper to be sent to
to the Parliamentary Voting System and

different address from that
Constituencies Act 2010 by a person shown as

15

shown in records)
voting by post in the record referred to in that

provision”.

Regulation 52 (additional
For “paragraphs 3 and 4 of Schedule 4” substitute

requirements for
“paragraph 4 of Schedule 3 to the Parliamentary

applications for
Voting System and Constituencies Act 2010”.

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appointment of proxy)

Regulation 55 (additional
For paragraph (1) substitute—

requirements for
“(1)
An application under paragraph 4(2) of

applications for proxy to
Schedule 3 to the Parliamentary Voting

vote in respect of a
System and Constituencies Act 2010 to vote

25

particular election)
by proxy in the referendum shall set out why

the applicant’s circumstances on the date of

the poll will be or are likely to be such that he

cannot reasonably be expected to vote in

person at the polling station allotted to him

30

under the referendum rules.”

In paragraph (2)—

(a)
for “paragraph 4(2) of Schedule 4”

substitute “paragraph 4(2) of Schedule 3 to

the Parliamentary Voting System and

35

Constituencies Act 2010”;

(b)
for “at the election for which it is made”

substitute “for the referendum”.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
109

Provision
Modification

In paragraph (4) of the England and Wales

Regulations and in paragraph (3A) of the Scotland

Regulations—

(a)
for “paragraph 4(2) of Schedule 4”

5

substitute “paragraph 4(2) of Schedule 3 to

the Parliamentary Voting System and

Constituencies Act 2010”;

(b)
for “paragraph 2(5A)” substitute

“paragraph 2(6)”;

10

(c)
for “at the election for which it is made”

substitute “for the referendum”.

Regulation 56 (closing date
For paragraph (1) substitute—

for applications)
    “(1)
An application under paragraph 3(1), (6)

or (7) or 7(4) of Schedule 4 to the 2000 Act

15

or an application under paragraph 8(4) of

Schedule 3 to the Parliamentary Voting

System and Constituencies Act 2010 shall

be disregarded for the purposes of the

referendum, and an application under

20

paragraph 4(5) of Schedule 3 to the

Parliamentary Voting System and

Constituencies Act 2010 shall be refused,

if it is received by the registration officer

after 5 pm on the eleventh day before the

25

date of the poll for the referendum.”

In paragraph (2)—

(a)
for “a particular parliamentary or local

government election” substitute “the

referendum”;

30

(b)
for “at that election” substitute “for the

referendum”.

For paragraphs (3) and (3A) substitute—

    “(3)
Subject to paragraph (3A), an application

under paragraph 4(2) or 6(4) of Schedule 3

35

to the Parliamentary Voting System and

Constituencies Act 2010 shall be refused if

it is received by the registration officer

after 5 pm on the sixth day before the date

of the poll for the referendum.

40

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
110

Provision
Modification

    (3A)
Where an application made under

paragraph 4(2) of Schedule 3 to the

Parliamentary Voting System and

Constituencies Act 2010 is made—

5

(a)
on the grounds of the applicant’s

disability and the applicant

became disabled after 5 pm on the

sixth day before the date of the

poll for the referendum; or

10

(b)
by a person to whom paragraph

2(6) of that Schedule applies,


the application, or an application under

paragraph 6(4) of that Schedule made by

virtue of that application, shall be refused

15

if it is received after 5 pm on the day of the

poll for the referendum.”

For paragraph (4) substitute—

    “(4)
An application under paragraph 4(1) or

8(5) of Schedule 3 to the Parliamentary

20

Voting System and Constituencies Act

2010 shall be refused if it is received by the

registration officer after 5 pm on the

eleventh day before the date of the poll for

the referendum.”

25

In paragraph (5)—

(a)
after “paragraph 6(10) of that Schedule by

an elector” insert “, or a notice under

paragraph 6(6) of Schedule 3 to the

Parliamentary Voting System and

30

Constituencies Act 2010 by a person,”;

(b)
for “a particular parliamentary or local

government election” substitute “the

referendum”;

(c)
for “at that election” substitute “for the

35

referendum”.

In paragraph (6), after “bank holiday” insert “or any

day appointed as a day of public thanksgiving or

mourning”.

For paragraph (7) substitute—

40

“(7)
In paragraph (6) above “bank holiday”

means a day which is a bank holiday under

the Banking and Financial Dealings Act 1971

in any part of the United Kingdom.”

Regulation 57 (grant or
Omit paragraph (3).

45

refusal of applications)