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 4 — The 2008 Regulations (Northern Ireland)
125

Provision
Modification

Regulation 4 (forms)
In paragraph (1), for “an election” substitute “the

referendum”.

Paragraph (2) applies for the purposes of the

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

5

Schedule 3 to the regulations.

Regulation 5 (applications,

notices etc.)

Regulation 6 (electronic

signatures)

10

Regulation 8 (time)

Regulation 11 (interference

with notices etc.)

Regulation 25 (alteration of

registers under section

15

13BA(3) of the 1983 Act)

Regulation 40

(representations regarding

clerical errors)

Regulation 44(2) and (3)
In paragraph (2) omit “13A(2) or”.

20

(notices in connection with

registration)

Regulation 45
In paragraph (3), for “returning officer” substitute

(communication of notices
“counting officer”.

issued on polling day)

25

Regulation 54 (interpretation
In the definition of “his allotted polling station”, for

of Part 4)
“elections rules” substitute “referendum rules”.

Regulation 55 (general
In paragraph (1), for “section 6, 7, 8 or 9 of the 1985

requirements for
Act” substitute “Part 2 of Schedule 3 to the

applications for an absent
Parliamentary Voting System and Constituencies

30

vote)
Act 2010”.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 4 — The 2008 Regulations (Northern Ireland)
126

Provision
Modification

In paragraph (2)—

(a)
for “section 6(1) or 7(1)” substitute

“paragraph 15(1) or 19(4) of Schedule 3 to

the Parliamentary Voting System and

5

Constituencies Act 2010”;

(b)
for “section 6(1)(ba) to (bc) or section

7(1)(ba) to (bc) of the 1985 Act” substitute

“paragraph 15(1)(c) to (e) or 19(4)(d) of that

Schedule”;

10

(c)
in sub-paragraph (b), for “section 9 of the

1985 Act” substitute “paragraph 19(4) of

that Schedule”;

(d)
in sub-paragraph (d), for “section 6(1), 7(1)

or 9(4) or (7) of the 1985 Act” substitute

15

“paragraph 15(1) of that Schedule”.

Regulation 55A (additional
In paragraph (1)—

requirement for applications
(a)
omit sub-paragraph (a);

for ballot paper to be sent to
(b)
in sub-paragraph (b), for “section 7(1) of the

different address from that
1985 Act, the address provided in

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shown in register)
accordance with section 7(5) of that Act”

substitute “paragraph 15(1) of Schedule 3 to

the Parliamentary Voting System and

Constituencies Act 2010, the address

provided in accordance with paragraph

25

15(7) of that Schedule”;

(c)
omit sub-paragraph (c).

In paragraph (2), for “the provisions of the 1985 Act

mentioned above” substitute “paragraph 15(7) of

Schedule 3 to the Parliamentary Voting System and

30

Constituencies Act 2010”.

Regulation 55B (additional
For sub-paragraphs (a) and (b) substitute

requirement for applications
“paragraph 15(5)(a) or 19(5) of Schedule 3 to the

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

different address from that
Act 2010 by a person (“A”) shown as voting by post

35

shown in records)
in the record mentioned there”.

Regulation 56 (additional
For “section 8(6) or (7) of the 1985 Act” substitute

requirements for
“paragraph 17(4) of Schedule 3 to the

applications for
Parliamentary Voting System and Constituencies

appointment of proxy)
Act 2010”.

40

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 4 — The 2008 Regulations (Northern Ireland)
127

Provision
Modification

Regulation 59 (additional
For paragraph (1) substitute—

requirement for applications
“(1)
An application under paragraph 15(1) of

in respect of a particular
Schedule 3 to the Parliamentary Voting

election)
System and Constituencies Act 2010 shall set

5

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 under the referendum rules.”

10

In paragraphs (2)(d) and (3)(d) omit the words

from “in respect of the election” to the end.

In paragraphs (4), (6) and (8), for “section 7(1) of the

1985 Act” substitute “paragraph 15(1) of Schedule 3

to the Parliamentary Voting System and

15

Constituencies Act 2010”.

In paragraph (6)(a), for “the election in question”

substitute “the referendum”.

In paragraph (8), for sub-paragraph (b)

substitute—

20

“(b)
in which the circumstances set out in

accordance with paragraph (1) relate

to the applicant’s employment either

as a constable or by a counting

officer on the date of the poll for the

25

referendum for a purpose connected

with the referendum;”.

Regulation 60 (additional
For “section 9(7) of the 1985 Act” substitute

requirements for
“paragraph 19(4) of Schedule 3 to the

applications by proxies to
Parliamentary Voting System and Constituencies

30

vote by post at a particular
Act 2010”.

election)

For “elections rules” substitute “referendum rules”.

Regulation 61 (closing date
For paragraphs (1) to (3) substitute—

for applications)
“(1)
An application under section 6(1) or (5), 8(6)

35

or 9(4) of the 1985 Act shall be disregarded

for the purposes of the referendum if it is

received by the registration officer after 5

pm on the fourteenth 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 4 — The 2008 Regulations (Northern Ireland)
128

Provision
Modification

     (2)
Subject to paragraph (3), an application

under paragraph 15(1) or (5), 17(4) or

19(4) or (5) of Schedule 3 to the

Parliamentary Voting System and

5

Constituencies Act 2010 shall be refused if

it is received by the registration officer

after 5 pm on the fourteenth day before

the day of the poll for the referendum.

      (3)
Paragraph (2) shall not apply to an

10

application which satisfies the

requirements of either paragraphs (6) and

(7) or paragraph (8) of regulation 59; and

such an application shall be refused if it is

received by the registration officer after 5

15

pm on the sixth day before the day of the

poll for the referendum.”

In paragraph (4)—

(a)
after “section 8(9) of that Act by an elector”

insert “, or a notice under paragraph 17(6)

20

of Schedule 3 to the Parliamentary Voting

System and Constituencies Act 2010 by a

person,”;

(b)
for “a particular election” substitute “the

referendum”;

25

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

referendum”.

For paragraph (6) substitute—

“(6)
In paragraph (5) “bank holiday” means a

day which is a bank holiday under the

30

Banking and Financial Dealings Act 1971 in

any part of the United Kingdom.”

Regulation 62 (grant or
In paragraph (1), for “section 6, 7, 8 or 9 of the 1985

refusal of applications)
Act” substitute “Part 2 of Schedule 3 to the

Parliamentary Voting System and Constituencies

35

Act 2010”.

Omit paragraph (3).

For paragraph (4) substitute—

“(4)
Where the registration officer refuses an

application under Part 2 of Schedule 3 to the

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Parliamentary Voting System and

Constituencies Act 2010 he shall notify the

applicant of his decision.”

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 4 — The 2008 Regulations (Northern Ireland)
129

Provision
Modification

Regulation 64 (cancellation
For the words from “by notice” to the end

of proxy appointment)
substitute “under paragraph 17(6) of Schedule 3 to

the Parliamentary Voting System and

Constituencies Act 2010, or otherwise ceases to be

5

in force by virtue of that provision, the registration

officer shall notify the person who was the proxy,

unless the registration officer has previously been

notified by that person that he no longer wishes to

act as proxy.”

10

Regulation 66(1) and (3)
For “sections 7(4) and 9(9) of the 1985 Act”

(records and lists kept under
substitute “paragraphs 16(2) or (3) or 19(6) of

sections 6, 7 and 8 of the 1985
Schedule 3 to the Parliamentary Voting System and

Act)
Constituencies Act 2010”.

Regulation 70 (interpretation
In the definition of “absent voters list”, for “section

15

of Part 5)
7(4) of the 1985 Act” substitute “‘paragraph 16(2) of

Schedule 3 to the Parliamentary Voting System and

Constituencies Act 2010”.

For the definition of “agent” substitute—

““agent”, except in regulation

20

73, means a referendum

agent or an agent appointed

under that regulation;”.

In the definition of “list of postal proxies”, for

“section 9(9) of the 1985 Act” substitute “paragraph

25

19(6) of Schedule 3 to the Parliamentary Voting

System and Constituencies Act 2010”.

Regulation 72 (persons
For sub-paragraphs (a) to (c) substitute—

entitled to be present at
“(a)
the counting officer and his clerks,

proceedings on issue and
(b)
a referendum agent,”.

30

receipt of postal ballot

papers)

Regulation 73 (agents of
Before paragraph (1) insert—

candidates who may attend
   “(A1)
A reference in this regulation to a

proceedings on issue or
candidate is to be read as a reference to a

35

receipt of postal ballot
referendum agent.”

papers)

For “returning officer” (in each place) substitute

“counting officer”.

Omit paragraph (6).

40

Regulation 74 (notification of
For “returning officer” substitute “counting

requirement of secrecy)
officer”.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 4 — The 2008 Regulations (Northern Ireland)
130

Provision
Modification

Regulation 75 (notice of
In paragraphs (1) and (2)—

issue of postal ballot papers)
(a)
for “returning officer” substitute “counting

officer”;

(b)
for “candidate” (in each place) substitute

5

“referendum agent”.

Regulation 76 (procedure on
In paragraph (5)(b), for “section 9(9) of the 1985

issue of postal ballot papers)
Act” substitute “paragraph 19(6) of Schedule 3 to

the Parliamentary Voting System and

Constituencies Act 2010”.

10

Regulation 77 (refusal to
For “returning officer” substitute “counting

issue postal ballot paper)
officer”.

Regulation 78 (envelopes)
In paragraph (1), for “rule 24 of the elections rules”

substitute “rule 11 of the referendum rules”.

Regulation 79 (sealing up of
For “returning officer” (in each place) substitute

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completed corresponding
“counting officer”.

number lists)

Regulation 80 (delivery of
In paragraph (1)—

postal ballot papers)
(a)
for “returning officer” substitute “counting

officer”;

20

(b)
in sub-paragraph (c), for “rule 26(1) of the

elections rules” substitute “rule 13 of the

referendum rules”.

In paragraph (2), for “returning officer” substitute

“counting officer”.

25

Regulation 81 (spoilt postal
For “returning officer” (in each place) substitute

ballot papers)
“counting officer”.

Regulation 82 (notice of
In paragraph (1)—

opening of postal ballot
(a)
for “returning officer” substitute “counting

paper envelopes)
officer”;

30

(b)
for “candidate” substitute “referendum

agent”.

In paragraph (2), for “candidate” substitute

“referendum agent”.

Regulation 83 (postal ballot
For “returning officer” (in each place) substitute

35

boxes and receptacles)
“counting officer”.

In paragraph (2), for the words “constituency for

which the election is held” substitute “voting area”.

In paragraph (4), after “lock the postal ballot box”

insert “(if it has a lock)”.

40

Regulation 84 (receipt of
For “returning officer” substitute “counting

covering envelope)
officer”.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 4 — The 2008 Regulations (Northern Ireland)
131

Provision
Modification

Regulation 85 (opening of
In paragraphs (1) and (2), for “returning officer”

postal voters’ ballot box)
substitute “counting officer”.

In paragraph (3), for “rule 45 of the elections rules”

substitute “rule 39 of the referendum rules”.

5

Regulation 86 (opening of
For “returning officer” (in each place) substitute

covering envelopes)
“counting officer”.

Regulation 87 (procedure in
For “returning officer” (in each place) substitute

relation to declarations of
“counting officer”.

identity)

10

In paragraph (1)(b), for “rule 45(2)(b) and (2A) of

the elections rules)” substitute “rule 39(4) of the

referendum rules”.

Regulation 88 (opening of
In paragraph (1), for “returning officer” substitute

ballot paper envelopes)
“counting officer”.

15

Regulation 89 (sealing of
For “returning officer” substitute “counting

receptacles)
officer”.

Regulation 91 (forwarding of
For paragraph (1) substitute—

documents)
    “(1)
The Chief Electoral Officer for Northern

Ireland shall retain, together with the

20

documents mentioned in rule 49 of the

referendum rules—

(a)
any packets referred to in

regulations 79, 81(5) and 89,

endorsing on each packet a

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description of its contents, the

date of the referendum and the

name of the voting area; and

(b)
a completed statement in Form

N.”

30

In paragraph (2), for “returning officer” (in both

places) substitute “counting officer”.

In paragraph (3), for “Rules 56 and 57 of the

elections rules” substitute “Rules 50 and 51 of the

referendum rules”.

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Regulation 115
In paragraph (1), for “rule 57(1A) of the elections

(interpretation of Part 7)
rules” substitute “rule 49(1)(b) of the referendum

rules”.