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 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
48

(c)
writing or mark by which voter could be identified;
(d)
unmarked or void for uncertainty.
      (5)
Once the statement is drawn up the counting officer must—
(a)
in the case of a voting area in a region for which a Regional Counting
Officer is appointed, inform the Regional Counting Officer of the
5
contents of the statement;
(b)
in the case of any other voting area, inform the Chief Counting
Officer of the contents of the statement.
      (6)
Where two or more forms of ballot paper are used in the referendum, the
counting officer must prepare a separate statement under paragraph (4) in
10
relation to each form of ballot paper used.
Direction to conduct re-count
42    (1)
On the completion of the counting of the votes (including any re-count
under rule 40), and on the completion of any re-count under this rule, the
counting officer must draw up a statement showing—
15
(a)
the total number of ballot papers counted, and
(b)
the number of votes cast in favour of each answer to the question
asked in the referendum.
      (2)
Once the statement is drawn up the counting officer must—
(a)
in the case of a voting area in a region for which a Regional Counting
20
Officer is appointed, inform the Regional Counting Officer of the
contents of the statement;
(b)
in the case of any other voting area, inform the Chief Counting
Officer of the contents of the statement.
      (3)
The Regional Counting Officer or Chief Counting Officer must then either—
25
(a)
direct the counting officer to have the votes re-counted, or
(b)
direct the counting officer to make the certification under section
128(5) of the 2000 Act.
      (4)
The Regional Counting Officer or Chief Counting Officer may give a
direction under paragraph (3)(a) only if the officer thinks that there is reason
30
to doubt the accuracy of the counting of the votes in the counting officer’s
voting area.
      (5)
A counting officer who is given a direction under paragraph (3)(a) must—
(a)
begin the re-count as soon as practicable, and
(b)
if the officer does not begin the re-count immediately, notify the
35
counting agents of the time and place at which it will take place.
      (6)
A counting officer may not make the certification under section 128(5) of the
2000 Act until directed to do so under paragraph (3)(b).
Decisions on ballot papers
43
The decision of the counting officer on any question arising in respect of a
40
ballot paper is final (subject to review in accordance with paragraph 21 of
Schedule 1).

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
49

Final proceedings
Declaration by counting officers
44    (1)
This rule applies to the counting officer for a voting area in a region for
which a Regional Counting Officer is appointed.
      (2)
After making the certification under section 128(5) of the 2000 Act, the
5
counting officer must—
(a)
immediately give to the Regional Counting Officer notice of the
matters certified;
(b)
as soon as practicable give to the Regional Counting Officer notice of
the number of rejected ballot papers under each head shown in the
10
statement of rejected ballot papers.
      (3)
When authorised to do so by the Regional Counting Officer, the counting
officer must—
(a)
make a declaration of the matters certified under section 128(5) of the
2000 Act;
15
(b)
give public notice of the matters certified together with the number
of rejected ballot papers under each head shown in the statement of
rejected ballot papers.
45    (1)
This rule applies to—
(a)
the counting officer for Northern Ireland;
20
(b)
the counting officer for a voting area in a region for which no
Regional Counting Officer is appointed.
      (2)
After making the certification under section 128(5) of the 2000 Act, the
counting officer must—
(a)
immediately give to the Chief Counting Officer notice of the matters
25
certified;
(b)
as soon as practicable give to the Chief Counting Officer notice of the
number of rejected ballot papers under each head shown in the
statement of rejected ballot papers.
      (3)
When authorised to do so by the Chief Counting Officer, the counting officer
30
must—
(a)
make a declaration of the matters certified under section 128(5) of the
2000 Act;
(b)
give public notice of the matters certified together with the number
of rejected ballot papers under each head shown in the statement of
35
rejected ballot papers.
Declaration by Regional Counting Officers
46    (1)
After making the certification under paragraph 3(4) of Schedule 1, a
Regional Counting Officer must—
(a)
immediately give to the Chief Counting Officer notice of the matters
40
certified;
(b)
as soon as practicable give to the Chief Counting Officer notice of the
number of rejected ballot papers for the region under each head
shown in the statements of rejected ballot papers.

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
50

      (2)
When authorised to do so by the Chief Counting Officer, a Regional
Counting Officer must—
(a)
make a declaration of the matters certified under paragraph 3(4) of
Schedule 1;
(b)
give public notice of the matters certified together with the number
5
of rejected ballot papers for the region under each head shown in the
statements of rejected ballot papers.
Declaration of referendum result by Chief Counting Officer
47
After making the certification under section 128(6) of the 2000 Act, the Chief
Counting Officer must—
10
(a)
immediately make a declaration of the matters certified under that
provision;
(b)
as soon as practicable give public notice of the matters certified
together with the number of rejected ballot papers under each head
shown in the statement of rejected ballot papers.
15
Disposal of documents
Sealing up of ballot papers
48    (1)
On the completion of the counting the counting officer must seal up in
separate packets—
(a)
the counted ballot papers, and
20
(b)
the rejected ballot papers.
      (2)
The counting officer may not open the sealed packets of—
(a)
tendered ballot papers,
(b)
the completed corresponding number lists,
(c)
certificates as to employment on duty on the day of the poll, or
25
(d)
marked copies of the registers of electors (including any marked
copy notices issued under section 13B(3B) or (3D) or 13BA(9) of the
1983 Act) and lists of proxies.
Delivery or retention of documents
49    (1)
The counting officer must endorse on each of the sealed packets a
30
description of its contents and the name of the voting area and must—
(a)
in the case of a counting officer for a voting area in England and
Wales, forward the documents specified in paragraph (2) to the
registration officer of the local authority for the area for which the
counting officer is appointed;
35
(b)
in the case of a counting officer for a voting area in Scotland or the
counting officer for Northern Ireland, retain the documents.
      (2)
The documents referred to above are—
(a)
the packets of ballot papers;
(b)
the ballot paper accounts and the statements of—
40
(i)
rejected ballot papers, and
(ii)
the result of the verification of the ballot paper accounts;
(c)
the tendered votes lists, the lists of voters with disabilities assisted by
companions, the lists of votes marked by the presiding officer and

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
51

the related statements, the lists maintained under rule 35 and the
declarations made by the companions of voters with disabilities;
(d)
the packets of the completed corresponding number lists;
(e)
the packets of certificates as to employment on duty on the day of the
poll;
5
(f)
the packets containing marked copies of the registers (including any
marked copy notices issued under section 13B(3B) or (3D) or 13BA(9)
of the 1983 Act) and marked copies of the postal voters list, of lists of
proxies and of the proxy postal voters list;
(g)
any other documents prescribed for the purposes of this sub-
10
paragraph by the relevant regulations.
Orders for production of documents
50    (1)
The High Court or a county court or, in the case of a voting area in Scotland,
the Court of Session or the sheriff, may make an order—
(a)
for the inspection or production of any rejected ballot papers in the
15
custody of a registration officer or (as the case may be) a counting
officer,
(b)
for the opening of a sealed packet of the completed corresponding
number lists or of certificates as to employment on duty on the day
of the poll, or
20
(c)
for the inspection of any counted ballot papers in the officer’s
custody,

if satisfied by evidence on oath that the order is required for the purpose of
instituting or maintaining a prosecution for an offence in relation to ballot
papers or for the purpose of proceedings brought as mentioned in
25
paragraph 21 of Schedule 1.
      (2)
An order under this rule may be made subject to whatever conditions the
court or sheriff thinks expedient as to—
(a)
persons,
(b)
time,
30
(c)
place and mode of inspection, or
(d)
production or opening.
      (3)
In making and carrying into effect an order for the opening of a packet of the
completed corresponding number lists or of certificates or for the inspection
of counted ballot papers, care must be taken to avoid disclosing the way in
35
which the vote of any particular voter has been given until it has been
proved—
(a)
that the vote was given, and
(b)
that the vote has been declared by a competent court to be invalid.
      (4)
An appeal lies to the High Court from any order of a county court under this
40
rule, and to the Court of Session from any order of the sheriff under this rule.
      (5)
A power given under this rule to a court (other than a county court in
Northern Ireland) or the sheriff may be exercised by any judge of the court,
or by the sheriff, otherwise than in open court.
      (6)
A power given under this rule to a county court in Northern Ireland may be
45
exercised in whatever manner rules of court provide.

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
52

      (7)
Where an order is made for the production by a registration officer or a
counting officer of a document in the officer’s possession relating to the
referendum—
(a)
the production by the officer or the officer’s agent of the document
ordered in the manner directed by the order is conclusive evidence
5
that the document relates to the referendum;
(b)
any endorsement on any packet of ballot papers so produced is
prima facie evidence that the ballot papers are what they are stated
to be by the endorsement.
      (8)
The production from proper custody of—
10
(a)
a ballot paper purporting to have been used at the referendum, and
(b)
a completed corresponding number list with a number marked in
writing beside the number of the ballot paper,

is prima facie evidence that the elector whose vote was given by that ballot
paper was the person whose entry on the register of electors (or on a notice
15
issued under section 13B(3B) or (3D) or 13BA(9) of the 1983 Act) at the time
of the referendum contained the same number as the number written as
mentioned in sub-paragraph (b).
      (9)
Except as provided by this rule (or a court order) nobody may—
(a)
inspect any rejected or counted ballot papers in the possession of a
20
registration officer or counting officer, or
(b)
open any sealed packets of the completed corresponding number
lists or of certificates.
Retention and public inspection of documents
51    (1)
A registration officer or (as the case may be) counting officer must retain for
25
a year all documents relating to the referendum and then, unless otherwise
directed by an order of a competent court, must have them destroyed.
      (2)
For the purposes of paragraph (1) a competent court is—
(a)
in relation to a registration officer in England and Wales, the High
Court, the Crown Court or a magistrates’ court;
30
(b)
in relation to a counting officer in Scotland, the Court of Session;
(c)
in relation to the counting officer for Northern Ireland, the High
Court.
      (3)
While documents are retained under paragraph (1) they must be open to
public inspection.
35

This does not apply to—
(a)
ballot papers;
(b)
the completed corresponding number lists;
(c)
certificates as to employment on duty on the day of the poll.
      (4)
The registration officer or (as the case may be) counting officer must, on
40
request, supply to any person copies of or extracts from any description of
the documents open to public inspection that is prescribed by the relevant
regulations.
      (5)
A right to inspect or be supplied with a document or part of a document
under this rule is subject to—
45
(a)
any conditions imposed by the relevant regulations, and

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
53

(b)
the payment of any fee required by the relevant regulations.
Supplementary
Interpretation
52
In these rules—
“anonymous entry”, in relation to a register of electors, is to be read in
5
accordance with section 9B of the 1983 Act and “the record of
anonymous entries”, means the record prepared in pursuance of
regulations made by virtue of paragraph 8A of Schedule 2 to that
Act;
“counting agent” is to be read in accordance with rule 17(10);
10
“elector” means a person who is entitled to vote on his or her own
behalf in the referendum;
“list of proxies”—
(a)
in relation to England and Wales and Scotland, means the list
kept under paragraph 5(3) of Schedule 3;
15
(b)
in relation to Northern Ireland, means the list kept under
paragraph 16(3) of Schedule 3;
“polling agent” is to be read in accordance with rule 17(10);
“postal voters list”—
(a)
in relation to England and Wales and Scotland, means the list
20
kept under paragraph 5(2) of Schedule 3;
(b)
in relation to Northern Ireland, means the list kept under
paragraph 16(2) of Schedule 3;
“presiding officer” is to be read in accordance with rule 13(1) and (2);
“proxy postal voters list”—
25
(a)
in relation to England and Wales and Scotland, means the list
kept under paragraph 8(6) of Schedule 3;
(b)
in relation to Northern Ireland, means the list kept under
paragraph 19(6) of Schedule 3;
“referendum agent” means a person appointed under paragraph 9 of
30
Schedule 1;
“registration officer” has the meaning given in section 8 of the 1983 Act;
“the relevant regulations”—
(a)
in relation to England and Wales, means the Representation
of the People (England and Wales) Regulations 2001
35
(S.I. 2001/341) as applied by Schedule 4;
(b)
in relation to Scotland, means the Representation of the
People (Scotland) Regulations 2001 (S.I. 2001/497) as so
applied;
(c)
in relation to Northern Ireland, means the Representation of
40
the People (Northern Ireland) Regulations 2008 (S.I. 2008/
1741) as so applied;
“voter” means a person voting in the referendum and includes a person
voting as proxy and “vote” (whether noun or verb) is be construed
accordingly; and a reference to an elector voting or an elector’s vote
45
includes a reference to an elector voting by proxy or an elector’s vote
given by proxy.

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 2 — Forms referred to in referendum rules
54

Part 2
Forms referred to in referendum rules

Note - The forms contained in this Part may be adapted so far as circumstances

require.

Rule 5(1)
5
Form 1 - Form of ballot paper
Front of ballot paper

Referendum on the voting system

for parliamentary elections

Vote (X) once only

10

Do you want the United Kingdom to adopt the

“alternative vote” system instead of the current “first past

the post” system for electing Members of Parliament to the

House of Commons?

15

YES

NO

20

Back of ballot paper

No.

Other Unique Identifying Mark

Referendum on the voting system for parliamentary elections

25

[Insert name of voting area] [Insert date of poll]

Directions as to printing the ballot paper
1
Nothing is to be printed on the ballot paper except in accordance with these
directions.
2
So far as practicable, the instructions specified in paragraphs 3 to 8 must be
30
observed in printing the ballot paper.
3
No words must be printed on the front of the ballot paper except—