House of Commons Amendments

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Notices of Amendments: 16 September 2010
187

Parliamentary Voting System and Constituencies Bill, continued

Hywel Williams

Mr Elfyn Llwyd

Mr Jonathan Edwards

151

Clause  9,  page  9,  line  38,  after ‘Scotland’, insert ‘and of Wales’.

Nia Griffith

Kevin Brennan

Nick Smith

Owen Smith

Chris Bryant

152

Clause  8,  page  6,  line  31,  at end insert—

‘(3)
After subsection (1) there is inserted—

“(1A)
Before commencing work on any report or review the Boundary

Commission for Wales must—

(a)
consult such organisations and individuals as it sees fit to

determine the issues which should influence its decisions, and

(b)
following consultation with the Secretary of State for Wales and

the Welsh Assembly Government, appoint three independent

persons to be known as the Wales Convention on Parliamentary

Representation, “the Convention”.

(1B)
The duties and powers of the Convention shall be established by the

Secretary of State by regulations made by statutory instrument, and must

include—

(a)
inviting representations from organisations and individuals,

(b)
assessing these representations,

(c)
holding meetings and public hearings, and

(d)
publishing reports.

(1C)
A statutory instrument containing regulations under subsection (1B) is

subject to annulment in pursuance of a resolution of either House of

Parliament.”.’.

Iain Stewart

Mrs Eleanor Laing

153

Schedule  2,  page  48,  line  29,  leave out ‘may’ and insert ‘must’.

Iain Stewart

Mrs Eleanor Laing

154

Schedule  2,  page  48,  line  32,  at end insert—

‘(4A)
If the difference between the total number of votes cast in the referendum in the

country in favour of the answer “Yes” and the total number of votes cast in the

referendum in the country in favour of the answer “No” is fewer than 10,000 or

0.1 per cent. of the total number of votes cast, whichever is the smaller number,

the Chief Counting Officer must give a direction to regional counting officers to

have all the votes in their region re-counted.’.

Notices of Amendments: 16 September 2010
188

Parliamentary Voting System and Constituencies Bill, continued

Mr Angus Brendan MacNeil

Jonathan Edwards

Hywel Williams

Mr Elfyn Llwyd

155

Clause  1,  page  1,  leave out line 6 and insert—

‘(2)

(a)
The Electoral Commission shall within two months of Royal Assent to

this Act specify the date on which the referendum is to be held.

(b)
The specified date must be—

(i)
within 18 months of the date of Royal Assent to this Act, and

(ii)
a date on which no other election to a parliament or assembly in

the United Kingdom is to be held.

(c)
The Minister must lay before Parliament the draft of an Order in Council

to give effect to the specified date.

(d)
The draft of the Order in Council under paragraph (c) above shall not be

laid before Parliament until the specified date has been agreed by the

Scottish Parliament, the Northern Ireland Assembly and the National

Assembly for Wales.’.

Andrew Rosindell

156

Clause  2,  page  2,  line  19,  at end insert ‘; and

(c)
British subjects of Overseas Territories and Crown Dependencies who

have individually expressed a wish to participate in United Kingdom

Parliamentary elections.’.

Andrew Rosindell

157

Clause  2,  page  2,  line  19,  at end insert—

‘(1A)
The Minister must, within one month of the day on which this Act is passed, by

Order made by statutory instrument provide for a system of prior registration of

those entitled to vote in the referendum under subsection (1)(d) above, and for

mechanisms by which their votes can be cast.’.

Overseas constituency

Andrew Rosindell

NC18

To move the following Clause:—

‘(1)
The 1986 Act after section 1(1) there is inserted—

“(1A)
There shall for the purposes of paraliamentary elections be a constituency

named the Overseas constituency, returning a single member, for British

subjects of Overseas Territories and Crown Dependencies who have

expressed a wish to participate in United Kingdom parliamentary

elections.

(1B)
A Boundary Commission may make a report under section 3 of this Act

(Reports of the Boundary Commissions) if in its view the number of

members to be elected from the Overseas constituency should increase,

in which case references in that section to “the part of the United

Kingdom” should be disregarded.

Notices of Amendments: 16 September 2010
189

Parliamentary Voting System and Constituencies Bill, continued

(1C)
If a Boundary Commission mades a report under subsection (1B) of this

Act, sections 3A (Reviews and proposed recommendations by Boundary

Commissions), 4 (Orders in Council) and 5 (Notices) of this Act apply to

that report.

(1D)
Entitlement to vote in the Overseas constituency must be based on the

register prepared under section (2)(1A) of the Parliamentary Voting

System and Constituencies Act 2010.”.’.

The Deputy Prime Minister

158

Clause  4,  page  3,  line  13,  after ‘5(2)’ insert ‘or (6) or 6(3)’.

The Deputy Prime Minister

159

Clause  4,  page  3,  line  16,  after ‘5(2)’ insert ‘or (6)’.

The Deputy Prime Minister

160

Clause  4,  page  3,  line  29,  leave out ‘if for’ and insert ‘if—

(a)
paragraph (d) of paragraph 2(1) were omitted, together with paragraph

2(3)(a), the words “the loan or” in paragraphs 2(3) and 5(4)(a), the words

“(d) or” in paragraph 5(4), and paragraph 5(4)(a)(i);

(b)
for’.

The Deputy Prime Minister

161

Clause  5,  page  4,  line  8,  at end insert—

‘“enactment” includes—

(a)
any provision of an Act,

(b)
any provision of, or of any instrument made under, an Act of the

Scottish Parliament,

(c)
any provision of, or of any instrument made under, Northern

Ireland legislation, and

(d)
any provision of subordinate legislation (within the meaning of

the Interpretation Act 1978);’.

The Deputy Prime Minister

162

Clause  8,  page  7,  line  22,  at end insert—

‘( )
In Article 3 of the Lord President of the Council Order 2010 (S.I. 2010/1837)

(which makes certain functions of the Secretary of State exercisable concurrently

with the Lord President) the reference in paragraph (1) to the Parliamentary

Constituencies Act 1986 is to be read as a reference to that Act as amended by

this section.’.

The Deputy Prime Minister

163

Clause  11,  page  11,  line  30,  leave out ‘Secretary of State’ and insert ‘Minister’.

The Deputy Prime Minister

164

Clause  11,  page  11,  line  34,  leave out ‘Secretary of State’ and insert ‘Minister’.

Notices of Amendments: 16 September 2010
190

Parliamentary Voting System and Constituencies Bill, continued

The Deputy Prime Minister

165

Clause  11,  page  11,  line  35,  leave out ‘Secretary of State’ and insert ‘Minister’.

The Deputy Prime Minister

166

Clause  11,  page  11,  line  40,  leave out ‘Secretary of State’ and insert ‘Minister’.

The Deputy Prime Minister

167

Clause  11,  page  12,  line  18,  at end insert—

‘( )
In this section “the Minister” means the Lord President of the Council or the

Secretary of State.’.

The Deputy Prime Minister

168

Schedule  1,  page  15,  line  37,  at end insert—

‘( )
directions requiring them to take specified steps in preparation for the

referendum;’.

The Deputy Prime Minister

169

Schedule  1,  page  15,  line  42,  at end insert—

‘( )
directions requiring them to take specified steps in preparation for the

referendum;’.

The Deputy Prime Minister

170

Schedule  2,  page  27,  line  33,  leave out ‘education’.

The Deputy Prime Minister

171

Schedule  2,  page  35,  line  3,  leave out paragraph (4).

The Deputy Prime Minister

172

Schedule  2,  page  46,  line  44,  leave out ‘election’ and insert ‘referendum’.

The Deputy Prime Minister

173

Schedule  3,  page  76,  line  14,  leave out sub-paragraph (9).

The Deputy Prime Minister

174

Schedule  3,  page  77,  line  47,  at end insert—

    ‘(9)
The record kept under sub-paragraph (8) must be retained by the registration

officer for the period of twelve months beginning with the date of the poll for

the referendum.’.

The Deputy Prime Minister

175

Schedule  3,  page  83,  line  12,  at end insert—

Notices of Amendments: 16 September 2010
191

Parliamentary Voting System and Constituencies Bill, continued

  ‘(11)
The record kept under sub-paragraph (10) must be retained by the registration

officer for the period of twelve months beginning with the date of the poll for

referendum.’.

The Deputy Prime Minister

176

Schedule  3,  page  83,  line  28,  leave out ‘(subject to any conditions prescribed by the

relevant regulations)’.

The Deputy Prime Minister

177

Schedule  3,  page  85,  line  18,  leave out sub-paragraph (8).

The Deputy Prime Minister

178

Schedule  4,  page  93,  line  28,  leave out ‘(subject to sub-paragraph (4)(b))’.

The Deputy Prime Minister

179

Schedule  4,  page  93,  line  32,  leave out sub-paragraphs (4) and (5).

The Deputy Prime Minister

180

Schedule  4,  page  94,  leave out lines 7 to 27.

The Deputy Prime Minister

181

Schedule  4,  page  94,  line  38,  leave out ‘for “this Part” substitute’ and insert ‘after

“this Part” insert’.

The Deputy Prime Minister

182

Schedule  4,  page  100,  leave out lines 4 and 5 and insert—

‘In subsection (4), for the words after “whatever means”

substitute—


“and the reference to a forecast as to the result of

the referendum includes a reference to a forecast

as to the number or proportion of votes expected

to be cast for each answer to the referendum

question in any region, voting area or other

area.”’.

The Deputy Prime Minister

183

Schedule  4,  page  100,  line  17,  leave out ‘1(5)’ and insert ‘1B’.

The Deputy Prime Minister

184

Schedule  4,  page  104,  line  16,  at end insert—

Notices of Amendments: 16 September 2010
192

Parliamentary Voting System and Constituencies Bill, continued

‘In subsection (7)—

(a)
for “returning officer at a parliamentary election

or a local government election” substitute

“counting officer”;

(b)
for “the election” substitute “the referendum”.

In subsection (9), for “returning officer” substitute

“counting officer”.’.

The Deputy Prime Minister

185

Schedule  4,  page  104,  line  29,  at end insert—

‘1A(1)
In relation to England and Wales, section 13B of the 1983 Act has effect for

the purposes of the referendum as if a reference to an election to which that

section applies included a reference to the referendum.

      (2)
In relation to Northern Ireland, section 13BA of the 1983 Act has effect for the

purposes of the referendum as if—

(a)
a reference to an election to which that section applies included a

reference to the referendum,

(b)
a reference to the final nomination day included a reference to the

eleventh day before the date of the poll for the referendum,

(c)
a reference in subsection (4) to an election included a reference to the

referendum, and

(d)
subsection (4)(b) referred also to the postal voters list or list of proxies

kept for the referendum under paragraph 16(2) or (3) of Schedule 3.

      (3)
A reference in any enactment to section 13B or 13BA of the 1983 Act includes

(where the context allows) a reference to that section as modified by this

paragraph.

      (4)
Sub-paragraph (3) has effect, in relation to any register, until the first

publication after the referendum of a revised version of the register under

section 13 of the 1983 Act.

1B
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 person

convicted of such a practice under a provision of the 1983 Act applied by

paragraph 1.’.

The Deputy Prime Minister

186

Schedule  4,  page  105,  line  12,  leave out ‘(subject to sub-paragraph (4)(c), (d), (e)

and (g))’.

The Deputy Prime Minister

187

Schedule  4,  page  105,  line  16,  leave out sub-paragraph (4).

The Deputy Prime Minister

188

Schedule  4,  page  113,  leave out lines 12 to 24 and insert—

Notices of Amendments: 16 September 2010
193

Parliamentary Voting System and Constituencies Bill, continued

‘“(1)
In this regulation “personal identifiers

record” means a record kept by a

registration officer in pursuance of—

(a)
paragraph 3(9) or 7(12) of

Schedule 4 to the

Representation of the People

Act 2000 in relation to persons

entitled to vote in the

referendum,

(b)
paragraph 3(9) or 7(13) of

Schedule 2 to the European

Parliamentary Elections

Regulations 2004 in relation to

peers entitled to vote in the

referendum, or

(c)
paragraph 4(8) or 8(10) of

Schedule 3 to the Parliamentary

Voting System and

Constituencies Act 2010.”

In paragraph (3), for sub-paragraph (a)

substitute—

“(a)
any agent attending proceedings

on receipt of postal ballot

papers, in accordance with

regulation 85A(4) or

85B(3)(a).”’.

The Deputy Prime Minister

189

Schedule  4,  page  116,  line  27,  leave out ‘38’ and insert ‘39’.

The Deputy Prime Minister

190

Schedule  4,  page  116,  line  37,  leave out ‘37(1)’ and insert ‘37(4)’.

The Deputy Prime Minister

191

Schedule  4,  page  117,  line  9,  leave out ‘48’ and insert ‘49’.

The Deputy Prime Minister

192

Schedule  4,  page  124,  line  17,  leave out ‘(subject to sub-paragraph (4)(b))’.

The Deputy Prime Minister

193

Schedule  4,  page  124,  line  21,  leave out sub-paragraph (4).

The Deputy Prime Minister

194

Schedule  4,  page  128,  line  43,  at end insert—



© Parliamentary copyright 2010	Revised 17 September 2010