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 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
27

(b)
must be capable of being folded up;
(c)
must have a number and other unique identifying mark printed on
the back.
Corresponding number list
6     (1)
The counting officer must prepare a list containing the numbers and other
5
unique identifying marks of all of the ballot papers to be—
(a)
issued by the officer in pursuance of rule 11(1), or
(b)
provided by the officer in pursuance of rule 16(1).
      (2)
The list must be in the form set out in Form 2 in Part 2 of this Schedule.
The official mark
10
7     (1)
Every ballot paper must contain an appropriate security marking (the
official mark).
      (2)
The official mark must be kept secret.
      (3)
The counting officer may use a different official mark for different purposes.
Prohibition of disclosure of vote
15
8
A person who has voted in the referendum may not be required, in any legal
proceeding to question the referendum, to state for which answer he or she
voted.
Use of schools and public rooms
9     (1)
The counting officer may use, free of charge, for the purpose of taking the
20
poll—
(a)
a room in a school within paragraph (3);
(b)
a room the expense of maintaining which is met by any local
authority (in England and Wales or Scotland) or is payable out of any
rate (in Northern Ireland).
25
      (2)
The counting officer must—
(a)
make good any damage done to any such room, and
(b)
defray any expense incurred by the persons having control over any
such room,

by reason of its being used for that purpose.
30
      (3)
The schools within this paragraph are—
(a)
in England and Wales—
(i)
a school maintained or assisted by a local education
authority;
(ii)
a school in respect of which grants are made out of moneys
35
provided by Parliament to the person or body of persons
responsible for the management of the school;
(b)
in Scotland, a school that is not an independent school within the
meaning of the Education (Scotland) Act 1980;
(c)
in Northern Ireland, a school in receipt of a grant out of moneys
40
appropriated by Measure of the Northern Ireland Assembly, other
than a school that—

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
28

(i)
adjoins or is adjacent to a church or other place of worship, or
(ii)
is connected with a nunnery or other religious establishment.
Action to be taken before the poll
Notice of poll
10    (1)
The counting officer must give public notice of the poll stating—
5
(a)
the day and hours fixed for the poll;
(b)
the question that is to appear on the ballot paper.
      (2)
The notice of the poll must be published not later than the 16th day before
the day of the referendum.
      (3)
No later than the time of the publication of the notice of the poll, the
10
counting officer must also give public notice of—
(a)
the situation of each polling station;
(b)
the description of voters entitled to vote there.
      (4)
As soon as practicable after giving the notice under paragraph (3), the
counting officer must give a copy of it to each of the referendum agents
15
appointed for the officer’s area.
Postal ballot papers
11    (1)
The counting officer must, in accordance with the relevant regulations, issue
to those entitled to vote by post—
(a)
a ballot paper,
20
(b)
in the case of those entitled to vote in England and Wales or Scotland,
a postal voting statement in the form set out in Form 3 in Part 2 of this
Schedule, and
(c)
in the case of those entitled to vote in Northern Ireland, a declaration
of identity in the form set out in Form 4 in Part 2 of this Schedule,
25

together with envelopes for their return complying with the requirements
prescribed by the relevant regulations.
      (2)
The counting officer must also issue to those entitled to vote by post
whatever information the officer thinks appropriate about how to obtain—
(a)
translations into languages other than English of any directions to, or
30
guidance for, voters sent with the ballot paper;
(b)
a translation into Braille of those directions or guidance;
(c)
graphical representations of those directions or guidance;
(d)
those directions or guidance in any other form (including any
audible form).
35
      (3)
In the case of a ballot paper issued to a person resident in the United
Kingdom, the counting officer must ensure that the return of the ballot paper
and postal voting statement or declaration of identity is free of charge to the
voter.

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
29

Provision of polling stations
12    (1)
The counting officer must provide a sufficient number of polling stations
and, subject to the following provisions of this rule, must allot the electors to
the polling stations in whatever manner the officer thinks most convenient.
      (2)
One or more polling stations may be provided in the same room.
5
      (3)
The polling station allotted to electors from any polling district must be in
the polling place for that district.
      (4)
The polling districts and polling places that apply for the purposes of
paragraph (3) are those that would apply by virtue of—
(a)
sections 18A and 18B of the 1983 Act (in Great Britain), or
10
(b)
sections 18A(1), 18B(1) and 18E(4) of that Act (in Northern Ireland),

in relation to a parliamentary election held on the day of the referendum.
      (5)
The number of ballot papers counted or votes cast as certified by the Chief
Counting Officer or a Regional Counting Officer or counting officer may not
be questioned by reason of—
15
(a)
any non-compliance with a provision mentioned in sub-paragraph
(a) or (b) of paragraph (4), or
(b)
any informality relative to polling districts or polling places.
      (6)
The counting officer must provide each polling station with however many
compartments are necessary in which the voters can mark their votes
20
screened from observation.
Appointment of presiding officers and clerks
13    (1)
The counting officer must appoint and pay—
(a)
a presiding officer to attend at each polling station;
(b)
however many clerks are necessary for the purposes of the
25
referendum.

But the officer may not employ a person who has been employed by or on
behalf of a permitted participant in or about the referendum.
      (2)
The counting officer may, if the officer thinks fit, preside at a polling station.

The provisions of these rules relating to a presiding officer apply to a
30
counting officer so presiding, with the necessary modifications as to things
to be done by the counting officer to the presiding officer or by the presiding
officer to the counting officer.
      (3)
A presiding officer may do, by the clerks appointed to assist the officer, any
act (including the asking of questions) which the officer is required or
35
authorised by these rules to do at a polling station except order the arrest,
exclusion or removal of a person from the polling station.
Issue of official poll cards
14    (1)
The counting officer must, as soon as practicable after the publication of
notice of the referendum, send to electors and their proxies an official poll
40
card.
      (2)
An official poll card must not be sent to a person registered, or to be
registered, in pursuance of—

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
30

(a)
an overseas elector’s declaration, within the meaning of section 2 of
the Representation of the People Act 1985 (registration of British
citizens overseas), or
(b)
a declaration made by virtue of subsection (5) of section 3 of that Act
(extension of franchise for European Parliamentary Elections).
5
      (3)
An elector’s official poll card must be sent or delivered to his or her
qualifying address, and a proxy’s to his or her address as shown in the list
of proxies.
      (4)
In the case of an elector who is entitled to vote in the referendum in England
and Wales or Scotland—
10
(a)
an official poll card sent to the elector must be in the form set out in
Form 5 in Part 2 of this Schedule;
(b)
an official postal poll card sent to the elector must be in the form set
out in Form 6 in Part 2 of this Schedule;
(c)
an official poll card sent to the proxy of the elector must be in the
15
form set out in Form 7 in Part 2 of this Schedule;
(d)
an official postal poll card sent to the proxy of the elector must be in
the form set out in Form 8 in Part 2 of this Schedule.
      (5)
In the case of an elector who is entitled to vote in the referendum in Northern
Ireland—
20
(a)
an official poll card sent to the elector must be in the form set out in
Form 9 in Part 2 of this Schedule;
(b)
an official postal poll card sent to the elector must be in the form set
out in Form 10 in Part 2 of this Schedule;
(c)
an official poll card sent to the proxy of the elector must be in the
25
form set out in Form 11 in Part 2 of this Schedule;
(d)
an official postal poll card sent to the proxy of the elector must be in
the form set out in Form 12 in Part 2 of this Schedule.
      (6)
An official poll card or official postal poll card may set out whatever
information, in addition to that required by virtue of paragraph (4) or (5), the
30
counting officer thinks appropriate.
      (7)
Different information may be provided in pursuance of paragraph (6) to
different electors or descriptions of elector.
      (8)
In this rule—
“qualifying address” means the address in respect of which a person is
35
entitled to be registered on the register of electors;
“elector” includes only those electors who, on the last day for
publication of notice of the referendum, appear on a register to be
used for the referendum.
Notification that certain electors entitled to absent vote
40
15    (1)
As soon as practicable after the publication of notice of the referendum, a
registration officer must—
(a)
notify those peers who are within entry 3 or 4 of the table in
paragraph 5(2) or 16(2) of Schedule 3 that they are entitled to vote by
post in the referendum;
45

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
31

(b)
notify those electors who are within entry 2, 3 or 4 of the table in
paragraph 5(3) or 16(3) of Schedule 3 that they are entitled to vote by
proxy in the referendum.
      (2)
A notice given to a peer under paragraph (1)(b) must—
(a)
in the case of a peer within entry 3 of the table, state that the peer’s
5
entitlement to vote by proxy in the referendum arises by virtue of the
peer’s inclusion in the record kept under paragraph 3 of Schedule 4
to the Representation of the People Act 2000 as voting by proxy at
local government elections;
(b)
in the case of a peer within entry 4 of that table, state that the peer’s
10
entitlement to vote by proxy in the referendum arises by virtue of the
peer’s inclusion in the record kept under paragraph 3 of Schedule 2
to the European Parliamentary Elections Regulations 2004 (S.I. 2004/
293) or (as the case may be) regulation 8 of the European
Parliamentary Elections (Northern Ireland) Regulations 2004
15
(S.I. 2008/1741) as voting by proxy.
Equipment of polling stations
16    (1)
The counting officer must provide each presiding officer with however
many ballot boxes and ballot papers the counting officer thinks are
necessary.
20
      (2)
Every ballot box must be constructed so that the ballot papers can be put in
it, but cannot be withdrawn from it, without the box being unlocked or (in
the case of a box without a lock) the seal being broken.
      (3)
The counting officer must provide each polling station with—
(a)
materials to enable voters to mark the ballot papers;
25
(b)
copies of each register of electors used for the referendum that
contains the entries relating to the electors allotted to the station (or,
in the case of a register only part of which contains those entries, that
part);
(c)
the parts of any special lists prepared for the referendum
30
corresponding to each register or part of a register provided under
sub-paragraph (b);
(d)
a list consisting of that part of the list prepared under rule 6 that
contains the numbers (but not the other unique identifying marks)
corresponding to those on the ballot papers provided to the
35
presiding officer of the polling station.

The list provided under sub-paragraph (d) must be in the form set out in
Form 13 in Part 2 of this Schedule.
      (4)
The counting officer must also provide each polling station with—
(a)
at least one large version of the ballot paper, which must be
40
displayed inside the polling station for the assistance of voters who
are partially sighted;
(b)
a device for enabling voters who are blind or partially sighted to vote
without any need for assistance from the presiding officer or any
companion (within the meaning of rule 30(1)).
45
      (5)
The device mentioned in paragraph (4)(b) must—

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
32

(a)
allow a ballot paper to be inserted into and removed from the device,
or attached to and detached from it, easily and without damage to
the paper;
(b)
keep the ballot paper firmly in place during use;
(c)
provide suitable means for the voter—
5
(i)
to identify the spaces on the ballot paper on which the voter
may mark his or her vote,
(ii)
to identify the answer to which each such space refers, and
(iii)
to mark his or her vote on the space the voter has chosen.
      (6)
A notice in the form set out in Form 14 in Part 2 of this Schedule, giving
10
directions for the guidance of the voters in voting, must be printed in
conspicuous characters and exhibited inside and outside every polling
station.
      (7)
In every compartment of every polling station there must be exhibited the
notice—
15

“Mark one box only. Put no other mark on the ballot paper, or your
vote may not be counted”.
      (8)
The reference in paragraph (3)(b) to the copies of a register of electors
includes a reference to copies of any notices issued under section 13B(3B) or
(3D) or 13BA(9) of the 1983 Act in respect of alterations to the register.
20
Appointment of polling and counting agents
17    (1)
A referendum agent may, before the commencement of the poll, appoint—
(a)
polling agents to attend at polling stations for the purpose of
detecting personation;
(b)
counting agents to attend at the counting of the votes.
25
      (2)
A referendum agent may, for each count, designate one counting agent as a
person authorised to require a re-count under rule 40.

A designation under this paragraph must be made at the same time as the
person’s appointment as a counting agent.
      (3)
In paragraph (2) above “count” includes a re-count and “re-count” includes
30
a further re-count.
      (4)
The counting officer may limit the number of counting agents that may be
appointed, so long as—
(a)
the number that may be appointed by each referendum agent is the
same, and
35
(b)
the number that may be appointed by each referendum agent is not
(except in special circumstances) less than the number obtained by
dividing the number of clerks employed on the counting by the
number of referendum agents.
      (5)
For the purposes of paragraph (4)(b), a counting agent appointed by more
40
than one referendum agent is to be treated as a separate agent for each of
them.
      (6)
A referendum agent who appoints a polling or counting agent must give the
counting officer notice of the appointment by no later than the 5th day before
the day of the poll.
45

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
33

      (7)
If a polling or counting agent dies, or becomes incapable of acting, the
referendum agent may appoint another agent and must give the counting
officer notice of the new appointment as soon as practicable.
      (8)
If a referendum agent designates a counting agent under paragraph (2) the
notice under paragraph (6) or (7) must include notice of that fact.
5
      (9)
A notice under paragraph (6) or (7)—
(a)
must be in writing, and
(b)
must give the name and address of the appointee.
     (10)
In the following provisions of these rules, references to polling agents and
counting agents are to be read as references to polling or counting agents
10
appointed under paragraph (1) or (7)—
(a)
whose appointments have been duly made and notified, and
(b)
where the number of agents is restricted, who are within the
permitted numbers.
     (11)
Any notice required to be given to a counting agent by the counting officer
15
may be delivered at, or sent by post to, the address stated in the notice of
appointment.
     (12)
A referendum agent may do or assist in doing anything that a polling or
counting agent appointed by him or her is authorised to do; and anything
required or authorised by these rules to be done in the presence of the
20
polling or counting agents may be done in the presence of a referendum
agent instead of his or her polling or counting agents.
     (13)
Where by these rules anything is required or authorised to be done in the
presence of the polling or counting agents, the non-attendance of any agent
or agents at the time and place appointed for the purpose does not invalidate
25
the thing (if the thing is otherwise duly done).
Notification of requirement of secrecy
18
The counting officer must make whatever arrangements the officer thinks
are appropriate to ensure that—
(a)
every person attending at a polling station (otherwise than for the
30
purpose of voting, or assisting a voter with disabilities to vote, or as
a constable on duty there) has been given a copy in writing of the
provisions of subsections (1), (3) and (6) of section 66 of the 1983 Act
as modified by Schedule 4;
(b)
every person attending at the counting of the votes (other than any
35
constable on duty at the counting) has been given a copy in writing
of the provisions of subsections (2) and (6) of that section as so
modified.
Return of postal ballot papers
19    (1)
Where—
40
(a)
a postal vote has been returned in respect of a person who is entered
in the postal voters list, or
(b)
a proxy postal vote has been returned in respect of a proxy who is
entered in the proxy postal voters list,

the counting officer must mark the list in the manner prescribed by the
45
relevant regulations.