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 3 — Absent voting in the referendum
Part 2 — Northern Ireland
90

      (4)
A person is not capable of voting as proxy in the referendum unless on the
date of the poll the person has attained the age of 18.
      (5)
A person is not entitled to vote as proxy in the referendum on behalf of more
than two others of whom that person is not the spouse, civil partner, parent,
grandparent, brother, sister, child or grandchild.
5
Voting as proxy
19    (1)
A person entitled to vote as proxy for another (the “principal”) in the
referendum may do so in person at the polling station allotted to the
principal under the referendum rules unless the proxy is entitled to vote by
post as proxy for the principal in the referendum, in which case the proxy
10
may vote by post.
      (2)
Where a person is entitled to vote by post as proxy for the principal in the
referendum, the elector may not apply for a ballot paper for the purpose of
voting in person in the referendum.
      (3)
For the purposes of this Part of this Schedule and the 1983 Act a person
15
entitled to vote as proxy for another in the referendum is entitled so to vote
by post if the person is included in the list kept under sub-paragraph (6).
      (4)
Where a person applies to the registration officer to vote by post as proxy in
the referendum the officer must grant the application if—
(a)
the officer is satisfied that the principal is or will be registered in a
20
relevant register,
(b)
the applicant is the subject of a relevant proxy appointment within
the meaning of paragraph 18(2) (and is not included in a record
mentioned in sub-paragraph (5) below),
(c)
either—
25
(i)
the officer is satisfied that the applicant’s circumstances on
the date of the poll will be or are likely to be such that the
applicant cannot reasonably be expected to vote in person at
the polling station allotted or likely to be allotted to the
principal under the referendum rules, or
30
(ii)
the applicant is, or the officer is satisfied that the applicant
will be, included in the absent voters list for the referendum,
(d)
the application specifies an address in the United Kingdom as the
address to which the ballot paper is to be sent, and
(e)
the application meets the requirements prescribed by the 2008
35
Regulations.
      (5)
A person who is the subject of a relevant proxy appointment within the
meaning of paragraph 18(2) and who—
(a)
is included in the record kept under section 9(6) of the 1985 Act
(record of proxies who have applied to vote by post) in respect of
40
parliamentary elections,
(b)
is included in the record kept under paragraph 4(5) of Schedule 2 to
the Local Elections (Northern Ireland) Order (record of proxies who
have applied to vote by post), or
(c)
is included in the record kept under regulation 11(5) of the European
45
Parliamentary Elections (Northern Ireland) Regulations (record of
proxies who have applied to vote by post),

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 2 — Northern Ireland
91


may apply to the registration officer for his or her referendum ballot paper
to be sent to a different address in the United Kingdom from that shown in
the record, and the officer must grant the application if it meets the
requirements prescribed by the 2008 Regulations.
      (6)
The registration officer must, in respect of the referendum, keep a special list
5
(“the proxy postal voters list”) of those within column 2 of the following
table, together with the addresses provided as mentioned in column 3 as the
addresses to which their ballot papers are to be sent.

Description of proxy postal voters
Address

1
A proxy whose application under sub-paragraph
Address provided in the

10

(4) has been granted.
proxy’s application

under sub-paragraph (4).

2
A proxy who—
Address provided in the

(a)
was appointed as mentioned in column 3
proxy’s application

of entry 2 in the table in paragraph 16(3)
under section 9(4) of the

15

for a person mentioned in column 2 of
1985 Act or (as the case

that entry, and
may be) sub-paragraph

(b)
is for the time being included in the
(5) above.

record kept under section 9(6) of the 1985

Act.

20

3
A proxy who—
Address provided in the

(a)
was appointed as mentioned in column 3
proxy’s application

of entry 3 in the table in paragraph 16(3)
under paragraph 4(4) of

for a peer mentioned in column 2 of that
Schedule 2 to the Local

entry, and
Elections (Northern

25

(b)
is for the time being included in the
Ireland) Order or (as the

record kept under paragraph 4(5) of
case may be) sub-

Schedule 2 to the Local Elections
paragraph (5) above.

(Northern Ireland) Order.

4
A proxy who—
Address provided in the

30

(a)
was appointed as mentioned in column 3
proxy’s application

of entry 4 in the table in paragraph 16(3)
under regulation 11(4) of

for a peer mentioned in column 2 of that
the European

entry, and
Parliamentary Elections

(b)
is for the time being included in the
(Northern Ireland)

35

record kept under regulation 11(5) of the
Regulations or (as the

European Parliamentary Elections
case may be) sub-

(Northern Ireland) Regulations.
paragraph (5) above.

      (7)
Sub-paragraph (2) does not prevent a person, at the polling station allotted
to him or her, marking a tendered ballot paper in pursuance of rule 31 of the
40
referendum rules.
Offences
20    (1)
A person who—
(a)
in any declaration or form used for any of the purposes of this Part
of this Schedule, makes a statement knowing it to be false, or
45

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 3 — Form of proxy paper
92

(b)
attests an application under paragraph 15 knowing—
(i)
that he or she is not authorised to do so, or
(ii)
that it contains a statement which is false,

is guilty of an offence and liable on summary conviction to a fine not
exceeding level 5 on the standard scale.
5
      (2)
A person who provides false information in connection with an application
under paragraph 15(1) or 19(4) is guilty of an offence.
      (3)
Subsections (3) to (7) of section 13D of the 1983 Act apply for the purposes of
sub-paragraph (2) as they apply for the purposes of subsection (1A) of that
section.
10
Part 3
Form of proxy paper

REFERENDUM ON THE VOTING SYSTEM FOR PARLIAMENTARY

ELECTIONS

Voting area.............................................

15

Name of proxy.......................................

Address...................................................

..................................................................

..................................................................

is hereby appointed as proxy for

20

(Name of elector)...................................

[*who is qualified to be registered for

(qualifying address)...............................]

[*who has made an overseas elector’s declaration]

25

Signature..................................................

Electoral Registration Officer

Address......................................................

..................................................................

..................................................................

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Date.........................................................

* Delete whichever is inappropriate

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 1 — Representation of the People Act 1983
93

YOUR RIGHT TO VOTE AS PROXY

(1) This proxy paper gives you the right to vote as proxy on behalf of the elector

whose name is given overleaf. However, you may not vote as proxy in the

referendum for more than two electors of whom you are not the spouse, civil

partner, parent, grandparent, brother, sister, child or grandchild.

5

(2) Your appointment as proxy is for the purposes of the referendum only.

(3) You may vote as proxy at the polling station allotted to the elector on whose

behalf you are appointed. Shortly before polling day you will be sent a proxy

poll card telling you where the polling station is. You do not need to take either

the poll card or this proxy paper to the polling station but you may find it helpful

10

to do so.

(4) If you cannot vote in person at the polling station, you should consult the

electoral registration officer about your right to vote by post.

Schedule 4
Section 3

Application to the referendum of existing provisions
15
Part 1
Representation of the People Act 1983
1     (1)
The provisions of the 1983 Act 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
20
effect—
(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).
25
      (3)
Except where the context otherwise requires—
(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 in
30
section 5 of this Act and rule 52 of the referendum rules.
      (4)
In the following provisions of the 1983 Act a reference to a provision that is
applied by this paragraph includes a reference to that provision as so
applied—
(a)
sections 13(5) and 13A(2)(b), (4) and (5) (which relate to registration);
35
(b)
sections 56(4A) and 58(5) (registration appeals), including sections
56(4A) and 58(5) as applied by this paragraph.
      (5)
In sections 173 and 173A of the 1983 Act (which relate to incapacities where
a person has been convicted of a corrupt or illegal practice) a reference to a
person convicted of a corrupt or illegal practice includes a reference to a
40

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 1 — Representation of the People Act 1983
94

person convicted of such a practice under a provision of the 1983 Act applied
by this paragraph.
      (6)
The provisions of the 1983 Act that apply for the purposes of the referendum
by virtue of this paragraph are in addition to the provisions of that Act that
would apply for those purposes in any event.
5

Provision
Modification

Section 13B (alteration of
For subsection (4) substitute—

registers: pending elections)
“(4)
A reference in this section to an election to

which this section applies is to be read as a

reference to the referendum.”

10

Section 13BA (alteration of
In subsections (1) and (2), for “the final

registers in Northern Ireland:
nomination day” substitute “the eleventh day

pending elections)
before the date of the poll”.

In subsection (4)—

(a)
omit “at an election”;

15

(b)
for paragraphs (a) and (b) substitute—

“(a)
is not entitled as an elector to vote

by proxy or by post, and

(b)
must not be shown in the postal

voters list or list of proxies kept for

20

the referendum under paragraph

16(2) or (3) of Schedule 3.”

For subsection (12) substitute—

“(12)
A reference in this section to an election to

which this section applies is to be read as a

25

reference to the referendum.”

Section 13C(5) (validity of
For “subsection (4) above and rule 37E(1) in

electoral identity card in
Schedule 1 to this Act” substitute “rule 26 of the

Northern Ireland)
referendum rules”.

Section 47 (loan of equipment)
In subsection (1), for “the returning officer at a

30

local government election” substitute “a counting

officer”.

In subsection (2), for “the returning officer at an

election held under those Acts” substitute “a

counting officer”.

35

Section 49 (effect of registers)
In subsection (4)—

(a)
for “this Part” substitute “or Part 1 of the

Parliamentary Voting System and

Constituencies Act 2010”;

(b)
for “except for the purposes of an election

40

at which” substitute “for the purposes of

the referendum unless”.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 1 — Representation of the People Act 1983
95

Provision
Modification

In subsection (5) omit “prevent the rejection of the

vote on a scrutiny, or”.

Section 50 (effect of
In paragraph (c)—

misdescription)
(a)
omit “nomination paper,”;

5

(b)
for “and the parliamentary election rules”

substitute “or Part 1 of the Parliamentary

Voting System and Constituencies Act

2010”.

Section 52 (discharge of
The Secretary of State may give a direction under

10

registration duties)
section 52(1) only if it is in accordance with a

recommendation made by the Electoral

Commission.

In subsections (1), (2) and (4), after “this Act”

insert “and Part 1 of the Parliamentary Voting

15

System and Constituencies Act 2010”.

Section 54 (payment of
In subsection (1), after the first “this Act” insert

expenses of registration)
“or Part 1 of the Parliamentary Voting System and

Constituencies Act 2010”.

Section 56(3) to (4A)
In subsection (3)—

20

(registration appeals: England
(a)
for “notice of an election is given”

and Wales)
substitute “notice of the referendum is

given”;

(b)
for “the election” substitute “the

referendum”.

25

In subsection (4A), for “that election” substitute

“the referendum”.

Section 57 (registration
Section 57 applies for the purposes of the

appeals: Scotland)
referendum only in so far as it applies section

56(3) to (4A).

30

Section 58(3) to (5)
In subsection (3)—

(registration appeals:
(a)
for “notice of an election is given”

Northern Ireland)
substitute “notice of the referendum is

given”;

(b)
for “the election” substitute “the

35

referendum”.

In subsection (5), for “that election” substitute “the

referendum”.

Section 60 (personation)
In subsection (2), for “at a parliamentary or local

government election” substitute “in the

40

referendum”.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 1 — Representation of the People Act 1983
96

Provision
Modification

Section 61 (other voting
For subsections (1) to (4) substitute—

offences)
“(1)
A person shall be guilty of an offence if—

(a)
he votes in person or by post,

whether on his own behalf or as

5

proxy, or applies to vote by proxy

or by post on his own behalf, in the

referendum, knowing that he is

subject to a legal incapacity to vote

in the referendum; or

10

(b)
he applies for the appointment of a

proxy to vote for him in the

referendum knowing that he is or

the person to be appointed is

subject to a legal incapacity to vote

15

in the referendum; or

(c)
he votes, whether in person or by

post, as proxy for some other

person in the referendum knowing

that that person is subject to a legal

20

incapacity to vote.


For the purposes of this subsection

references to a person being subject to a

legal incapacity to vote do not, in relation

to things done before polling day, include

25

his being below voting age if he will be of

voting age on that day.

(2)
A person shall be guilty of an offence if—

(a)
he votes on his own behalf

otherwise than by proxy more than

30

once in the referendum; or

(b)
he votes on his own behalf in

person in the referendum when he

is entitled to vote by post; or

(c)
he votes on his own behalf in

35

person in the referendum, knowing

that a person appointed to vote as

his proxy either has already voted

in person or is entitled to vote by

post; or

40

(d)
he applies under Schedule 3 to the

Parliamentary Voting System and

Constituencies Act 2010 for a

person to be appointed as his proxy

to vote for him without applying

45

for the cancellation of a previous

appointment of a third person then

in force under that Schedule or

without withdrawing a pending

application for such an

50

appointment.