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)
118

Provision
Modification

In the Scotland Regulations, for paragraph (1)

substitute—

    “(1)
The counting officer shall retain, together

with the documents mentioned in rule 48

5

of the referendum rules—

(a)
any packets referred to in

regulations 75, 77(6), 78(2C), 84(8)

and 89 above, endorsing on each

packet a description of its

10

contents, the date of the

referendum and the name of the

voting area, and

(b)
a completed statement in Form K

of the number of postal ballot

15

papers issued.”

In the Scotland Regulations, in paragraph (2), for

“returning officer” (in both places) substitute

“counting officer”.

In the Scotland Regulations, in paragraph (4), for

20

“Rules 56, 57 and 58 of the elections rules”

substitute “Rules 50 and 51 of the referendum

rules”.

In the Scotland Regulations, in paragraph (5), for

“returning officer” substitute “counting officer”.

25

Regulation 92
In paragraph (2), omit the definitions of “relevant

(interpretation and
conditions” and “research purposes”.

application of Part 6)

In the England and Wales Regulations, in

paragraph (7), for the words from “under

30

regulations” to the first “may” substitute “under

regulation 98 may”.

In the England and Wales Regulations, in

paragraph (10), for the words from “in regulations”

to “below” substitute “in regulation 98(9) below”.

35

Regulation 97 of the
For paragraphs (1) to (6) substitute—

Scotland Regulations
“(1)
This regulation applies where a registration

(supply of free copy of full
officer is not the counting officer for the

register for electoral
relevant area that falls within his registration

purposes and restrictions on
area.

40

use)

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)
119

Provision
Modification

(2)
By no later than the publication of the notice

of the referendum, the registration officer

shall supply the counting officer with as

many printed copies of the following as he

5

may reasonably require for the purposes of

the referendum—

(a)
the latest version of the relevant

registers,

(b)
any notice, published under section

10

13A(2) or 13B(3), (3B) or (3D) of the

1983 Act, setting out an alteration to

the latest version of a relevant

register, and

(c)
the latest version of the list of

15

overseas electors.

(3)
In this regulation “relevant register”

means—

(a)
the register of parliamentary

electors, published under section

20

13(1) or (3) of the 1983 Act,

(b)
the register of local government

electors, published under section

13(1) or (3) of that Act, or

(c)
the register of peers, maintained

25

under section 3 of the 1985 Act, and

published under section 13(1) or (3)

of the 1983 Act (as applied by

regulation 13(4) of, and Schedule 4

to, these regulations).

30

(4)
If at any time after a registration officer has

complied with paragraph (2)—

(a)
a revised version of a relevant

register is published,

(b)
a notice is published, under section

35

13A(2) or 13B(3), (3B) or (3D) of the

1983 Act, setting out an alteration to

the latest version of a relevant

register, or

(c)
a revised version of the list of

40

overseas electors is published,


the registration officer shall supply the

counting officer with as many printed copies

of the register, notice or list as he may

reasonably require for the purposes of the

45

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)
120

Provision
Modification

(5)
Where a registration officer is under a duty

to supply a counting officer with printed

copies of a register, notice or list under this

regulation, he must also supply a copy of the

5

register, notice or list in data form.

(6)
A register, notice or list supplied under this

regulation shall be supplied free of charge.”

In paragraph (7)—

(a)
for “the register” substitute “any register”;

10

(b)
for “an election” substitute “the

referendum”.

Regulation 98 of the
For paragraphs (1) to (8) substitute—

England and Wales
“(1)
This regulation applies where a registration

Regulations (supply of free
officer is not the counting officer for the

15

copy of full register for
relevant area that falls within his registration

electoral purposes and
area.

restrictions on use)

(2)
By no later than the publication of the notice

of the referendum, the registration officer

20

shall supply the counting officer with as

many printed copies of the following as he

may reasonably require for the purposes of

the referendum—

(a)
the latest version of the relevant

25

registers,

(b)
any notice, published under section

13A(2) or 13B(3), (3B) or (3D) of the

1983 Act, setting out an alteration to

the latest version of a relevant

30

register, and

(c)
the latest version of the list of

overseas electors.

(3)
In this regulation “relevant register”

means—

35

(a)
the register of parliamentary

electors, published under section

13(1) or (3) of the 1983 Act,

(b)
the register of local government

electors, published under section

40

13(1) or (3) of that Act, or

(c)
the register of peers, maintained

under section 3 of the 1985 Act, and

published under section 13(1) or (3)

of the 1983 Act (as applied by

45

regulation 13(4) of, and Schedule 4

to, these regulations).

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)
121

Provision
Modification

(4)
If at any time after a registration officer has

complied with paragraph (2)—

(a)
a revised version of a relevant

register is published,

5

(b)
a notice is published, under sections

13A(2) or 13B(3), (3B) or (3D) of the

1983 Act, setting out an alteration to

the latest version of a relevant

register, or

10

(c)
a revised version of the list of

overseas electors is published,


the registration officer shall supply the

counting officer with as many printed copies

of the register, notice or list as he may

15

reasonably require for the purposes of the

referendum.

(5)
Where a registration officer is under a duty

to supply a counting officer with printed

copies of a register, notice or list under this

20

regulation, he must also supply a copy of the

register, notice or list in data form.

(6)
A register, notice or list supplied under this

regulation shall be supplied free of charge.”

In paragraph (9)—

25

(a)
for “the register” substitute “any register”;

(b)
for “an election” substitute “the

referendum”.

Regulation 115 (offences)
In the England and Wales Regulations, for

paragraph (2) substitute—

30

“(2)
The provisions are regulations 61(3) and

(14), 92(9) and 98(9).”

In the Scotland Regulations, for paragraph (2)

substitute—

“(2)
The provisions are regulations 61(3) and (14)

35

and 97(7).”

Regulation 116
In the England and Wales Regulations, in

(interpretation of Part 7)
paragraph (1), for “rule 55(1)(e) of the elections

rules” substitute “by virtue of rule 49(2)(f) of the

referendum rules”.

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)
122

Provision
Modification

In the England and Wales Regulations, after

paragraph (1) insert—

“(1A)
In this Part references to “the relevant

registration officer” are to a registration

5

officer mentioned in rule 49(1)(a) of the

referendum rules.”

In the Scotland Regulations, in paragraph (1)—

(a)
for “returning officer” substitute “counting

officer”;

10

(b)
for “rule 58 of the elections rules” substitute

“by virtue of rule 49(2)(f) of the referendum

rules”.

In the Scotland Regulations, in paragraph (4), for

“returning officer” substitute “counting officer”.

15

Regulation 117 (supply of
In the England and Wales Regulations, in

marked registers and lists
paragraph (1)—

after an election)
(a)
for the words from “regulation 100” to

“local government election” substitute

“regulation 100, 106, 109 or 113 with copies

20

of the full register”;

(b)
at the end insert—


“The reference to a person entitled to be

supplied in accordance with regulation 106

with copies of the full register does not

25

include a person mentioned in regulation

106(1)(b).”

In the England and Wales Regulations, in

paragraph (2)—

(a)
for “regulation 103, 105, 106 or 108 before a

30

particular election” substitute “regulation

106(1)(a) or (c) before the referendum”;

(b)
for “that election for which the marked

register or list was prepared” substitute “the

referendum”.

35

In the England and Wales Regulations, in

paragraph (6)(b), for “regulations 100, 103, 105, 106,

108, 109 or 113” substitute “regulations 100, 106, 109

and 113”.

In the England and Wales Regulations, in

40

paragraph (7), for “regulations 100(3), 103(3),

105(4), 106(3), 108(5) and 109(3)” substitute

“regulations 100(3), 106(3) and 109(3)”.

In the Scotland Regulations, for “returning officer”

(in each place) substitute “counting officer”.

45

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)
123

Provision
Modification

In the Scotland Regulations, in paragraph (1)—

(a)
for the words from “regulation 99” to

“parliamentary election” substitute

“regulation 99, 105, 108 and 112 with copies

5

of the full register”;

(b)
at the end insert—


“The reference to a person entitled to be

supplied in accordance with regulation 105

with copies of the full register does not

10

include a person mentioned in regulation

105(1)(b).”

In the Scotland Regulations, in paragraph (2)—

(a)
for “regulation 102, 104, 105 or 107 before a

particular election” substitute “regulation

15

105(1) or (c) before the referendum”;

(b)
for “that election for which the marked

register or list was prepared” substitute “the

referendum”.

In the Scotland Regulations, in paragraph (6)(b), for

20

“regulations 99, 102, 104, 105, 107, 108 or 112”

substitute “regulations 99, 105, 108 and 112”.

In the Scotland Regulations, in paragraph (7), for

“regulation 99(3), 102(3), 104(4), 105(3), 107(5) or

108(3)” substitute “regulation 99(3), 105(3) or

25

108(3)”.

Regulation 118 (inspection
In paragraph (1)(b)—

of documents open to public
(a)
for “an election” substitute “the

inspection)
referendum”;

(b)
in paragraph (iii), for “election” substitute

30

“referendum”.

In the Scotland Regulations, for “returning officer”

(in each place) substitute “counting officer”.

Regulation 119 (conditions
In paragraph (2), omit “either” and after paragraph

on the use, supply and
(ii) insert “, or

35

disclosure of documents
(iii)
any purpose in connection

open to public inspection)
with the referendum.”

Regulation 120 (calculating

the fee for supply of marked

registers or lists)

40

In Schedule 3, Form K
For the heading substitute “REFERENDUM ON

THE VOTING SYSTEM FOR

PARLIAMENTARY ELECTIONS”.

For “constituency” substitute “voting area”.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 4 — The 2008 Regulations (Northern Ireland)
124

Provision
Modification

For “returning officer” (in each place) substitute

“counting officer”.

Part 4
The 2008 Regulations (Northern Ireland)
5
4     (1)
The provisions of the Representation of the People (Northern Ireland)
Regulations 2008 (S.I. 2008/1741) listed in the first column of the table apply
for the purposes of the referendum.
      (2)
In their application by virtue of this paragraph, those provisions have
effect—
10
(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—
15
(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)(b));
(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.
20
      (4)
In the following provisions of the regulations, a reference to subsection (3),
(6) or (9) of section 13BA 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)
in regulation 45 (communication of notices issued on polling day),
25
including that regulation as applied by this paragraph;
(c)
regulation 92(1)(b) (definition of register for certain purposes);
(d)
regulations 97(1)(b), 98(1)(b), 99(1)(b), 100(4)(b), 101(1)(b), 109(1)(b),
110(6)(b) (supply of register to certain persons).
      (5)
In relation to the referendum, regulation 94(2) (restrictions on supply etc. of
30
full register) has effect as if after sub-paragraph (b) there were inserted—
“(ba)
the Chief Counting Officer;
(bb)
any deputy of the Chief Counting Officer;”

and as if the references in sub-paragraph (c) to “any such officer” were to “a
person mentioned in sub-paragraph (a), (b), (ba) or (bb)”.
35
      (6)
The provisions of the 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 (interpretation)

40