Parliamentary Voting System and Constituencies Bill

House of Commons

Session 2010 - 11
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Parliamentary Voting System and Constituencies Bill

Parliamentary Voting System and Constituencies Bill
Schedule 1 — Further provisions about the referendum
20

Advertisements
16    (1)
The Town and Country Planning (Control of Advertisements) Regulations
1992 (S.I. 1992/666) apply in relation to the display on any site in Wales of
an advertisement relating specifically to the referendum as they apply in
relation to the display of an advertisement relating specifically to a pending
5
parliamentary election.
      (2)
The Town and Country Planning (Control of Advertisements) (Scotland)
Regulations 1984 (S.I. 1984/467) apply in relation to the display on any site
in Scotland of an advertisement relating specifically to the referendum as
they apply in relation to the display of an advertisement relating specifically
10
to a pending parliamentary election.
      (3)
The Planning (Control of Advertisements) Regulations (Northern Ireland)
1992 (S.R. 1992/448) apply in relation to the display on any site in Northern
Ireland of an advertisement relating specifically to the referendum as they
apply in relation to the display of an advertisement relating specifically to a
15
pending parliamentary election.
Non-domestic rating: premises used for referendum purposes
17    (1)
Section 65(6) of the Local Government Finance Act 1988 (occupation for
election meetings and polls) has effect as if—
(a)
the reference to public meetings in furtherance of a person’s
20
candidature at an election included a reference to public meetings to
promote or procure a particular outcome in relation to the question
asked in the referendum, and
(b)
the reference to use by a returning officer for the purpose of taking
the poll in an election included a reference to use by a counting
25
officer for the purposes of taking the poll in the referendum.
      (2)
Section 98 of the 1983 Act and rule 22(3) in Schedule 1 to that Act (which
make equivalent provision, applying in Scotland and Northern Ireland)
have effect as if—
(a)
the reference in section 98 to public meetings in furtherance of a
30
person’s candidature at an election included a reference to public
meetings to promote or procure a particular outcome in relation to
the question asked in the referendum, and
(b)
the reference in rule 22(3) to use for the purpose of taking the poll in
an election included a reference to use by a counting officer for the
35
purposes of taking the poll in the referendum.
Payments to counting officers and Regional Counting Officers
18    (1)
A counting officer or Regional Counting Officer is entitled to recover his or
her charges in respect of services rendered, or expenses incurred, for or in
connection with the referendum if—
40
(a)
the services were necessarily rendered, or the expenses were
necessarily incurred, for the efficient and effective conduct of the
referendum, and
(b)
the total of the officer’s charges does not exceed the amount (“the
overall maximum recoverable amount”) specified in, or determined
45
in accordance with, an order made by the Minister, with the consent
of the Treasury, for the purposes of this sub-paragraph.

Parliamentary Voting System and Constituencies Bill
Schedule 1 — Further provisions about the referendum
21

      (2)
An order under sub-paragraph (1) may specify, or make provision for
determining in accordance with the order, a maximum recoverable amount
for services or expenses of a specified description—
(a)
for counting officers;
(b)
for Regional Counting Officers.
5

Subject to sub-paragraph (3), an officer may not recover more than the
specified amount in respect of such services or expenses.
      (3)
In a particular case the Electoral Commission may, with the consent of the
Treasury, authorise the payment of—
(a)
more than the overall maximum recoverable amount, or
10
(b)
more than the specified maximum recoverable amount for any
specified services or expenses,

if the Commission are satisfied that the conditions in sub-paragraph (4) are
met.
      (4)
The conditions are—
15
(a)
that it was reasonable for the officer concerned to render the services
or incur the expenses, and
(b)
that the charges in question are reasonable.
      (5)
The Electoral Commission must pay the amount of any charges recoverable
in accordance with this paragraph on an account being submitted to them.
20

But if the Commission think fit they may, before payment, apply for the
account to be taxed under paragraph 19.
      (6)
Where the superannuation contributions required to be paid by a local
authority in respect of a person are increased by a fee paid under this
paragraph as part of the charges of a counting officer or Regional Counting
25
Officer at the referendum, then on an account being submitted to them the
Electoral Commission must pay to the authority a sum equal to the increase.
      (7)
At the request of a counting officer or Regional Counting Officer, the
Electoral Commission may make an advance on account of the officer’s
charges on such terms as they think fit.
30
      (8)
The Electoral Commission may by regulations make provision as to the time
when and the manner and form in which accounts are to be rendered to the
Commission for the purposes of the payment of the charges of a counting
officer or Regional Counting Officer.
      (9)
An order or regulations under this paragraph may make different provision
35
for different cases.
     (10)
Any sums required by the Electoral Commission for making payments under this
paragraph are to be charged on and paid out of the Consolidated Fund.
Taxation of counting officer’s or Regional Counting Officer’s account
19    (1)
An application for the account of a counting officer or Regional Counting
40
Officer to be taxed must be made—
(a)
except where paragraph (b) applies, to a county court;
(b)
where the officer is one who was appointed for an area in Scotland,
or for the region of Scotland, to the Auditor of the Court of Session.

A reference in this paragraph to “the court” includes a reference to that
45
Auditor.

Parliamentary Voting System and Constituencies Bill
Schedule 1 — Further provisions about the referendum
22

      (2)
On any such application the court has jurisdiction to tax the account in
whatever manner and at whatever time and place the court thinks fit, and
finally to determine the amount payable to the officer.
      (3)
Where an application is made for the account of a counting officer or
Regional Counting Officer to be taxed, the officer may apply to the court for
5
it to examine any claim made by any person (“the claimant”) against the
officer in respect of matters charged in the account.
      (4)
On an application under sub-paragraph (3), after the claimant has been
given notice and an opportunity to be heard and to tender any evidence, the
court may allow, disallow or reduce the claim, with or without costs.
10

The court’s determination of the claim is final for all purposes and as against
all persons.
      (5)
An application under sub-paragraph (1) for taxation of the account of the
Chief Electoral Officer for Northern Ireland must be made to the county
court that has jurisdiction at the place where the officer certified the number
15
of ballot papers counted and votes cast.
Electoral Commission accounts
20    (1)
If directed to do so by the Treasury, the Electoral Commission must prepare
accounts in respect of their expenditure in relation to the referendum.
      (2)
Accounts under this paragraph must be prepared in accordance with
20
directions given to the Commission by the Treasury.
      (3)
Directions under sub-paragraph (2) may include, in particular, directions as
to—
(a)
the information to be contained in the accounts and the manner in
which it is to be presented,
25
(b)
the methods and principles in accordance with which the accounts
are to be prepared, and
(c)
the additional information (if any) that is to accompany the accounts.
      (4)
Accounts under this paragraph must be submitted by the Commission to—
(a)
the Comptroller and Auditor General, and
30
(b)
the Speaker’s Committee,

as soon may be practicable after the giving of the direction under sub-
paragraph (1).
Restriction on challenge to referendum result
21    (1)
No court may entertain any proceedings for questioning the number of
35
ballot papers counted or votes cast in the referendum as certified by the
Chief Counting Officer or a Regional Counting Officer or counting officer
unless—
(a)
the proceedings are brought by a claim for judicial review, and
(b)
the claim form is filed before the end of the permitted period.
40
      (2)
In sub-paragraph (1) “the permitted period” means the period of 6 weeks
beginning with—
(a)
the day on which the officer in question gives a certificate as to the
number of ballot papers counted and votes cast in the referendum, or

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
23

(b)
if the officer gives more than one such certificate, the day on which
the last is given.
      (3)
In the application of this paragraph to Scotland, sub-paragraph (1) has
effect—
(a)
with the substitution in paragraph (a) of “a petition” for “a claim”;
5
(b)
with the substitution in paragraph (b) of “the petition is lodged” for
“the claim form is filed”.
      (4)
In the application of this paragraph to Northern Ireland, sub-paragraph (1)
has effect—
(a)
with the substitution in paragraph (a) of “an application” for “a
10
claim”;
(b)
with the substitution in paragraph (b) of “the application for leave to
apply for judicial review is lodged” for “the claim form is filed”.
Schedule 2
Section 3

Rules for conduct of the referendum
15
Table of contents
Part 1: Referendum rules

Time

1
Timetable

2
Computation of time

20

General provisions

3
Notice of referendum

4
Poll to be taken by ballot

5
The ballot paper

6
Corresponding number list

25

7
The official mark

8
Prohibition of disclosure of vote

9
Use of schools and public rooms

Action to be taken before the poll

10
Notice of poll

30

11
Postal ballot papers

12
Provision of polling stations

13
Appointment of presiding officers and clerks

14
Issue of official poll cards

15
Notification that certain electors entitled to

35

absent vote

16
Equipment of polling stations

17
Appointment of polling and counting agents

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
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18
Notification of requirement of secrecy

19
Return of postal ballot papers

The poll

20
Admission to polling station

21
Keeping of order in polling station

5

22
Sealing of ballot boxes

23
Questions to be put to voters

24
Challenge of voter

25 to 28
Voting procedure

29
Votes marked by presiding officer

10

30
Voting by people with disabilities

31 & 32
Tendered ballot papers

33
Refusal to deliver ballot paper

34
Spoilt ballot papers

35
Correction of errors on day of poll

15

36
Adjournment of poll in case of riot

37
Procedure on close of poll

Counting of votes

38
Attendance at the count

39
The count

20

40
Re-count

41
Rejected ballot papers

42
Direction to conduct re-count

43
Decisions on ballot papers

Final proceedings

25

44 & 45
Declaration by counting officers

46
Declaration by Regional Counting Officers

47
Declaration of referendum result by Chief

Counting Officer

Disposal of documents

30

48
Sealing up of ballot papers

49
Delivery or retention of documents

50
Orders for production of documents

51
Retention and public inspection of documents

Supplementary

35

52
Interpretation

Part 2: Forms referred to in referendum rules

Form 1
Form of ballot paper

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
25

Form 2
Form of corresponding number list (to be used

if referendum taken alone)

Form 3
Form of postal voting statement

Form 4
Declaration of identity (Northern Ireland)

Form 5
Official poll card (to be sent to an elector not

5

voting by post)

Form 6
Official postal poll card (to be sent to an elector

voting by post)

Form 7
Official proxy poll card (to be sent to an

appointed proxy voting in person)

10

Form 8
Official proxy postal poll card (to be sent to an

appointed proxy voting by post)

Form 9
Official poll card (to be sent to an elector in

Northern Ireland not voting by post)

Form 10
Official postal poll card (to be sent to an elector

15

voting by post in Northern Ireland)

Form 11
Official proxy poll card (to be sent to an

appointed proxy voting in person in Northern

Ireland)

Form 12
Official proxy postal poll card (to be sent to an

20

appointed proxy voting by post in Northern

Ireland)

Form 13
Form of corresponding number list (to be used

in polling stations if referendum taken alone)

Form 14
Form of directions for the guidance of the

25

voters in voting

Form 15
Form of certificate of employment

Form 16
Form of declaration to be made by the

companion of a voter with disabilities

Part 1
30
Referendum rules
Time
Timetable
1
The proceedings at the referendum are to be conducted in accordance with
the following table.
35

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
26

Proceeding
Time

Publication of notice
Not later than the 25th day

of referendum
before the day of the

referendum

Notice of poll
Not later than the 16th day

5

before the day of the

referendum

Hours of polling
Between 7 am and 10 pm on

the day of the referendum

Computation of time
10
2     (1)
In calculating any period of time (other than a year) for the purposes of these
rules the following are to be disregarded—
(a)
Saturdays and Sundays,
(b)
Good Friday and any other day that is a bank holiday under the
Banking and Financial Dealings Act 1971 in any part of the United
15
Kingdom, and
(c)
any day appointed as a day of public thanksgiving or mourning.
      (2)
In relation to proceedings adjourned by a presiding officer under rule 36
(riot or open violence), the reference in paragraph (1)(b) to a day that is a
bank holiday in any part of the United Kingdom is to be read as a reference
20
to a day that is a bank holiday in the part of the United Kingdom where the
proceedings are adjourned.
General provisions
Notice of referendum
3
Each counting officer must give public notice of the referendum stating—
25
(a)
the date of the poll;
(b)
the date by which—
(i)
applications to vote by post or by proxy, and
(ii)
other applications and notices about postal or proxy voting,

must reach the registration officer in order that they may be effective
30
for the referendum.
Poll to be taken by ballot
4
The votes at the poll are to be given by ballot.
The ballot paper
5     (1)
The ballot of every voter is to consist of a ballot paper, which is to be printed
35
in the form set out in Form 1 in Part 2 of this Schedule and according to the
directions specified in that Part.
      (2)
Each ballot paper—
(a)
must set out the question as specified in section 1;