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 4 — Application to the referendum of existing provisions
Part 1 — Representation of the People Act 1983
97

Provision
Modification

(3)
A person shall be guilty of an offence if—

(a)
he votes as proxy for the same

person more than once in the

referendum; or

5

(b)
he votes in person as proxy for

another person in the referendum

and he is entitled to vote by post as

proxy for that person; or

(c)
he votes in person as proxy for

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another person in the referendum

and he knows that other person has

already voted in person.

(4)
A person shall also be guilty of an offence

if he votes as proxy for more than two

15

persons of whom he is not the spouse, civil

partner, parent, grandparent, brother,

sister, child or grandchild.”

In subsection (6A), for the words from “ballot

paper” to the end substitute “in reliance on Case 3,

20

4, 5 or 6 in rule 31 of the referendum rules.”

Omit subsection (6B).

In subsection (7)—

(a)
after “section 173 below” insert “(read

with paragraph 1(5) of Schedule 4 to the

25

Parliamentary Voting System and

Constituencies Act 2010)”;

(b)
omit paragraph (b).

Section 62A(1) to (5)
In subsection (1)(a), omit “at a parliamentary or

(applications for absent
local government election”.

30

voting: offences)

In subsection (2)(c), for “returning officer”

substitute “counting officer”.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 1 — Representation of the People Act 1983
98

Provision
Modification

Section 63 (breach of official
For subsections (3) and (4) substitute—

duty)
“(3)
The persons to whom this section applies

are—

(a)
the Chief Counting Officer and any

5

Regional Counting Officer or

counting officer,

(b)
any presiding officer or registration

officer,

(c)
any official designated by a

10

universal postal service provider,

and

(d)
any deputy of a person mentioned

in any of paragraphs (a) to (c) above

or any person appointed to assist or

15

in the course of his employment

assisting a person so mentioned in

connection with his official duties;


and “official duty” shall for the purposes of

this section be construed accordingly, but

20

shall not include duties imposed otherwise

than by Part 1 of the Parliamentary Voting

System and Constituencies Act 2010 or the

law relating to referendums.

(4)
Where—

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(a)
a Regional Counting Officer or

counting officer is guilty of an act

or omission in breach of his official

duty, but

(b)
he remedies that act or omission in

30

full by taking steps under

paragraph 5 of Schedule 1 to the

Parliamentary Voting System and

Constituencies Act 2010,


he shall not be guilty of an offence under

35

subsection (1) above.”

Section 65 (tampering with
In subsection (1)—

papers)
(a)
for “at a parliamentary or local

government election” substitute “in the

referendum”;

40

(b)
omit paragraph (a);

(c)
in paragraph (f), for “election” substitute

“referendum”.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 1 — Representation of the People Act 1983
99

Provision
Modification

For subsection (2) substitute—

“(2)
In Scotland, a person shall be guilty of an

offence if—

(a)
in the referendum, he forges or

5

counterfeits any ballot paper or the

official mark on any ballot paper; or

(b)
he fraudulently or without due

authority, as the case may be,

attempts to do any of those things.”

10

In subsection (3), for “a returning officer”

substitute “the Chief Counting Officer, a Regional

Counting Officer, a counting officer”.

Section 66(1) to (6)
In subsection (1), for paragraphs (a) to (d)

(requirement of secrecy)
substitute—

15

“(a)
the Chief Counting Officer, and

every Regional Counting Officer

and counting officer, attending at a

polling station,

(b)
every deputy of such an officer so

20

attending,

(c)
every presiding officer and clerk so

attending,

(d)
every referendum agent, polling

agent and counting agent so

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attending, and

(e)
every person so attending by virtue

of any of sections 6A to 6D of the

Political Parties, Elections and

Referendums Act 2000,”.

30

In subsections (2)(b), (3)(b) and (c), (4)(d) and (5),

for “the candidate for whom” substitute “the

referendum answer for which”.

In subsection (3)(d), for “the name of the

candidate for whom” substitute “the referendum

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answer for which”.

In subsection (5)—

(a)
for “blind voter” substitute “voter with

disabilities”;

(b)
at the end insert—

40


““Voter with disabilities” has the meaning

given by rule 30(11) of the referendum

rules.”

Section 66A (prohibition on
In subsection (1), for “an election to which this

publication of exit polls)
section applies”, and for “the election” (in both

45

places), substitute “the referendum”.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 1 — Representation of the People Act 1983
100

Provision
Modification

Omit—

(a)
subsection (2);

(b)
in subsection (4), the words after

“whatever means”.

5

Section 66B (failure to comply
In subsection (1)(a), for “regulations under rule 57

with conditions relating to
of the parliamentary election rules” substitute

supply etc. of documents)
“regulations mentioned in rule 51(5)(a) of the

referendum rules”.

Section 92 (broadcasting from
In subsection (1)—

10

outside UK)
(a)
for “at a parliamentary or local

government election” substitute “in the

referendum”;

(b)
for “the election” substitute “the

referendum”.

15

In subsection (2), after “section 173 below” insert

“(read with paragraph 1(5) of Schedule 4 to the

Parliamentary Voting System and Constituencies

Act 2010)”.

Section 94(1) (imitation poll
For “the election of any candidate at a

20

cards)
parliamentary election or a local government

election to which this section applies” substitute

“a particular result in the referendum”.

Section 95 (rooms for
For subsection (1) substitute—

meetings)
“(1)
Subject to the provisions of this section, a

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permitted participant is entitled, for the

purpose of holding a public meeting to

promote a particular result in the

referendum, to use free of charge at

reasonable times during the referendum

30

period (within the meaning given by

paragraph 1 of Schedule 1 to the

Parliamentary Voting System and

Constituencies Act 2010) any meeting

room to which this section applies.”

35

Omit subsection (2).

In subsection (3) omit “situated in the

constituency,”.

In subsection (5), for “candidate” substitute

“permitted participant”.

40

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 1 — Representation of the People Act 1983
101

Provision
Modification

The lists maintained in accordance with

paragraph 3 of Schedule 5 to the 1983 Act have

effect for the purposes of the referendum; and at

any time during the referendum period the

5

following are entitled at all reasonable hours to

inspect those lists or a copy of those lists—

(a)
permitted participants;

(b)
persons authorised by permitted

participants to inspect those lists;

10

(c)
referendum agents.

Section 97 (disturbances at
For subsection (2) substitute—

meetings)
“(2)
This section applies to a meeting held by a

permitted participant during the

referendum period (within the meaning

15

given by paragraph 1 of Schedule 1 to the

Parliamentary Voting System and

Constituencies Act 2010) in connection

with the referendum.”

Section 99 (officials not to act
For subsection (1) substitute—

20

for candidates)
“(1)
If—

(a)
the Chief Counting Officer or any

Regional Counting Officer or

counting officer,

(b)
any officer, deputy or clerk

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appointed by such a person,

(c)
any officer of a local authority

whose services have been placed at

the disposal of a Regional Counting

Officer under paragraph 2(3)(b) of

30

Schedule 1 to the Parliamentary

Voting System and Constituencies

Act 2010, or

(d)
any officer of a local authority

whose services have been placed at

35

the disposal of a counting officer

under section 128 of the Political

Parties, Elections and Referendums

Act 2000,


acts as a referendum agent for a permitted

40

participant, he shall be guilty of an

offence.”

Section 100 (illegal canvassing
In subsection (1), for the words after “proxy”

by police officers)
substitute “in the referendum”.

Section 109 (payments for
In subsection (1), for “the election of a candidate

45

exhibition of election notices)
at an election” substitute “a particular result in the

referendum”.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 1 — Representation of the People Act 1983
102

Provision
Modification

In subsection (2), for “an election” substitute “the

referendum”.

Section 111 (prohibition of
For “an election” substitute “the referendum”

paid canvassers)

5

For “a candidate’s election” substitute “a

particular result in the referendum”.

Section 112(a) and (c)

(providing money for illegal

purposes)

10

Section 113 (bribery)
In subsection (2)—

(a)
for “the return of any person at an

election” (in both places) substitute “a

particular result in the referendum”;

(b)
omit paragraph (iii).

15

In subsection (3), for “at any election” (in both

places) substitute “in the referendum”.

In subsections (4), (5) and (6), for “an election”

substitute “the referendum”.

Section 114 (treating)
In subsection (2), for “an election” substitute “the

20

referendum”.

Section 115 (undue influence)

Section 116(a) (rights of

creditors)

Section 117(2) (saving for
For “parliamentary electors” substitute “persons

25

employees to be absent for
entitled to vote on their own behalf”.

voting)

For “at a parliamentary election” substitute “in the

referendum”.

In paragraphs (b) and (c), for “any particular

30

candidate at the election” substitute “a particular

answer in the referendum”.

In section 118 (interpretation),

the definitions of “money”,

“pecuniary reward” and

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“payment”

Section 167(1) to (2)
For subsection (1) substitute—

(application for relief)
“(1)
An application for relief under this section

may be made to the High Court.”

In subsection (2)(c), omit the words from “in the

40

constituency” to “was held,”.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 1 — Representation of the People Act 1983
103

Provision
Modification

Sections 168(1) and (7), 169

and 170 (prosecutions for

corrupt and illegal practices)

Section 175(1) and (3)

5

(prosecution for illegal

employment)

Section 176 (time limit for
In subsection (2C), for “rule 57 of the

prosecutions)
parliamentary elections rules” substitute “rule 51

of the referendum rules”.

10

In subsection (2D), for paragraph (a) substitute—

“(a)
directing the registration officer not

to cause the documents to be

destroyed at the expiry of the

period of one year mentioned in

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rule 51 of the referendum rules,”.

Section 178 (prosecution of

offences committed outside

the UK)

Section 179 (offences by
Omit paragraph (b).

20

associations)

Section 181(1) (Director of

Public Prosecutions)

Section 184 (service of notices)
In subsection (1)—

(a)
for “an election” substitute “the

25

referendum”;

(b)
omit “or any election court,”;

(c)
in paragraph (a), omit the words from “in

the constituency” to the end.

In section 185 (interpretation),

30

the definitions of “payment”

and “Licensing Acts”

Section 186 (computation of

time)

Section 199B(1) to (9)
In subsection (1)—

35

(translations etc. of certain
(a)
after “this Act” insert “or Part 1 of the

documents)
Parliamentary Voting System and

Constituencies Act 2010”;

(b)
for “a parliamentary or local government

election” substitute “the referendum”.

40

In subsection (4) omit paragraph (a).