House of Commons Amendments

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Committee of the whole House: 19 October 2010
455

Parliamentary Voting System and Constituencies Bill, continued

(a)
as if a reference to a returning officer included a reference to a

counting officer carrying out functions that, but for this Schedule,

would be exercisable by a returning officer (“transferred functions”),

and

(b)
as if, in relation to that counting officer, a reference to expenditure or

expenses were to expenditure or expenses in respect of transferred

functions.

      (2)
In fixing a scale under subsection (4) or (5) of that section a local authority may

include special provision in respect of expenditure incurred by a counting

officer in carrying out transferred functions (including expenditure incurred in

respect of the remuneration of presiding officers or clerks).

Application of other provisions about combination of polls

7    (1)
The following regulations have effect as if a reference to “a relevant election

or referendum” included a reference to the referendum under section 1.

      (2)
The regulations are—

(a)
the Local Elections (Principal Areas) (England and Wales) Rules

2006;

(b)
the Local Elections (Parishes and Communities) (England and Wales)

Rules 2006;

(c)
the Local Authorities (Conduct of Referendums) (England)

Regulations 2007;

(d)
the Local Authorities (Mayoral Elections) (England and Wales)

Regulations 2007.

      (3)
In relation to the referendum, expressions used in the regulations are to be

construed in accordance with the following table.

Expression
Meaning

“Counting agent”
Counting agent appointed under

rule 17 of the referendum rules.

“Election agent”
Counting agent appointed under

rule 17 of the referendum rules.

“Polling agent”
Polling agent appointed under

rule 17 of the referendum rules.

“Voting area”
Voting area as defined by section

5.

Forms

8
Forms 2, 3, 5, 6 and 8 in Part 3 of this Schedule are “relevant forms” for the

purposes of rule 9A of the referendum rules.

Action to be taken before poll

Corresponding number lists

9    (1)
This paragraph applies where proceedings on the issue and receipt of postal

ballot papers are taken together by virtue of regulation 65 of the Representation

of the People (England and Wales) Regulations 2001.

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Parliamentary Voting System and Constituencies Bill, continued

      (2)
If the counting officer thinks fit, the lists to be prepared under the following

provisions may be combined in the form set out in Form 1 in Part 3 of this

Schedule—

(a)
rule 6 of the referendum rules;

(b)
rule 17 of the Local Elections (Combination of Polls) Rules;

(c)
rule 17 of the Parish Elections (Combination of Polls) Rules;

(d)
rule 8 of the Local Referendums (Combination of Polls) Rules;

(e)
rule 19 of the Mayoral Elections (Combination of Polls) Rules.

      (3)
In that case, this paragraph applies instead of—

(a)
rule 6(2) of the referendum rules;

(b)
rule 17(2) of the Local Elections (Combination of Polls) Rules;

(c)
rule 17(2) of the Parish Elections (Combination of Polls) Rules;

(d)
rule 8(3) of the Local Referendums (Combination of Polls) Rules;

(e)
rule 19(2) of the Mayoral Elections (Combination of Polls) Rules.

10  (1)
This paragraph applies where proceedings on the issue and receipt of postal

ballot papers are not taken together by virtue of regulation 65 of the

Representation of the People (England and Wales) Regulations 2001.

      (2)
If the counting officer thinks fit, the officer may prepare a single list containing

the numbers and other unique identifying marks of all of the ballot papers to

be provided to presiding officers in pursuance of the following provisions—

(a)
rule 16(1) of the referendum rules;

(b)
rule 26(1) of the Local Elections (Combination of Polls) Rules;

(c)
rule 26(1) of the Parish Elections (Combination of Polls) Rules;

(d)
rule 17(1) of the Local Referendums (Combination of Polls) Rules;

(e)
rule 28 of the Mayoral Elections (Combination of Polls) Rules.

      (3)
The list must be in the form set out in Form 1 in Part 3 of this Schedule.

      (4)
If a list is prepared in relation to ballot papers under this paragraph, the list

prepared under the following provisions must not include details relating to

those ballot papers—

(a)
rule 6 of the referendum rules;

(b)
rule 17 of the Local Elections (Combination of Polls) Rules;

(c)
rule 17 of the Parish Elections (Combination of Polls) Rules;

(d)
rule 8 of the Local Referendums (Combination of Polls) Rules;

(e)
rule 19 of the Mayoral Elections (Combination of Polls) Rules.

      (5)
A reference in an enactment to a list prepared under a provision mentioned in

sub-paragraph (4) has effect, in so far as it relates to ballot papers to be

provided in pursuance of the provisions mentioned in sub-paragraph (2), as a

reference to the list prepared under this paragraph.

Notice of poll

11  (1)
The notice of the poll for each relevant election must be published by not later

than the 15th day before the date of the poll.

      (2)
The timetables set out in the following provisions are to be read with whatever

modifications are necessary to give effect to sub-paragraph (1)—

(a)
rule 1 of the Local Elections (Combination of Polls) Rules;

(b)
rule 1 of the Parish Elections (Combination of Polls) Rules;

(c)
rule 3 of the Local Referendums (Combination of Polls) Rules;

(d)
rule 3 the Mayoral Elections (Combination of Polls) Rules.

Committee of the whole House: 19 October 2010
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Parliamentary Voting System and Constituencies Bill, continued

      (3)
Sub-paragraph (1) applies instead of rule 12(2) of the Local Referendums

(Combination of Polls) Rules.

Notice of polling stations

12
The notice given under rule 10(3) of the referendum rules must—

(a)
state that the poll for the referendum is to be taken together with the

poll for each relevant election,

(b)
specify the local authority for which each relevant election is to be

held, and

(c)
where any of the polls are to be taken together in part only of a voting

area for the referendum, specify that part.

Postal voting statements

13  (1)
This paragraph applies where proceedings on the issue and receipt of postal

ballot papers are taken together by virtue of regulation 65 of the Representation

of the People (England and Wales) Regulations 2001.

      (2)
The form of postal voting statement to be issued to those who are entitled to

vote by post in the referendum and in each relevant election must be in the

form set out in Form 2 in Part 3 of this Schedule.

      (3)
Where that form is used, this paragraph applies instead of any requirement in

the following provisions for a postal voting statement to be in a particular form.

      (4)
The provisions are—

(a)
rule 11(1)(b) of the referendum rules;

(b)
rule 22(1) of the Local Elections (Combination of Polls) Rules;

(c)
rule 22(1) of the Parish Elections (Combination of Polls) Rules;

(d)
rule 13(1) of the Local Referendums (Combination of Polls) Rules;

(e)
rule 24(1) of the Mayoral Elections (Combination of Polls) Rules.

14  (1)
This paragraph applies where proceedings on the issue and receipt of postal

ballot papers are not taken together by virtue of regulation 65 of the

Representation of the People (England and Wales) Regulations 2001.

      (2)
The form of postal voting statement to be issued to those entitled to vote by

post in the referendum must be in the form set out in Form 3 in Part 3 of this

Schedule.

      (3)
This paragraph applies instead of the requirement in rule 11(1)(b) of the

referendum rules for a postal voting statement to be in a particular form.

Colour of ballot papers

15
The ballot papers used for the referendum must be of a different colour from

the ballot papers used for any relevant election.

Polling stations

16  (1)
The referendum polling stations are to be used for the combined polls.

      (2)
This paragraph applies instead of—

(a)
regulation 4 of the Representation of the People (Combination of

Polls) (England and Wales) Regulations 2004 so far as it relates to

polling stations;

(b)
rule 14(2) of the Local Referendums (Combination of Polls) Rules.

Committee of the whole House: 19 October 2010
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Parliamentary Voting System and Constituencies Bill, continued

Official poll cards

17  (1)
If the counting officer thinks fit, the official poll cards used for the referendum

and for the relevant elections may be combined.

      (2)
In that case, the forms required to be used for official poll cards for the

referendum and relevant elections must be adapted in whatever manner seems

necessary.

      (3)
In sub-paragraph (1) “relevant election” does not include the election of a

councillor of a parish council.

      (4)
This paragraph applies instead of—

(a)
rule 25(6) of the Local Elections (Combination of Polls) Rules;

(b)
rule 16(6) of the Local Referendums (Combination of Polls) Rules;

(c)
rule 27(6) of the Mayoral Elections (Combination of Polls) Rules.

Ballot boxes

18  (1)
If the counting officer thinks fit, the same ballot box may be used at the polls

for the referendum and the relevant elections.

      (2)
Where separate ballot boxes are used, each must be clearly marked to show—

(a)
the poll to which it relates, and

(b)
the colour of ballot papers that should be placed in it.

      (3)
This paragraph applies instead of—

(a)
rule 26(2) and (7) of the Local Elections (Combination of Polls) Rules;

(b)
rule 26(2) and (7) of the Parish Elections (Combination of Polls)

Rules;

(c)
rule 17(2) and (7) of the Local Referendums (Combination of Polls)

Rules;

(d)
rule 28(2) and (7) of the Mayoral Elections (Combination of Polls)

Rules.

Form of corresponding number lists provided to polling stations

19  (1)
If the counting officer thinks fit, the lists to be provided under the following

provisions may be combined in the form set out in Form 4 in Part 3 of this

Schedule—

(a)
rule 16(3)(d) of the referendum rules;

(b)
rule 26(4)(d) of the Local Elections (Combination of Polls) Rules;

(c)
rule 26(4)(d) of the Parish Elections (Combination of Polls) Rules;

(d)
rule 17(4)(d) of the Local Referendums (Combination of Polls) Rules;

(e)
rule 28(4)(d) of the Mayoral Elections (Combination of Polls) Rules.

      (2)
In that case, this paragraph applies instead of the second sentence in rule 16(3)

of the referendum rules.

Ballot paper displayed in polling stations

20
The large version of the ballot paper displayed inside the polling station under

rule 16(4)(a) of the referendum rules must be of the same colour as the ballot

papers to be used for the referendum.

Committee of the whole House: 19 October 2010
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Parliamentary Voting System and Constituencies Bill, continued

Guidance to be exhibited inside and outside polling stations

21  (1)
A notice in the form set out in Form 5 in Part 3 of this Schedule, giving

directions for the guidance of voters in voting, must be printed in conspicuous

characters and exhibited inside and outside every polling station.

      (2)
This paragraph applies instead of—

(a)
rule 16(6) of the referendum rules;

(b)
rule 26(8) of the Local Elections (Combination of Polls) Rules;

(c)
rule 26(8) of the Parish Elections (Combination of Polls) Rules;

(d)
rule 17(8) of the Local Referendums (Combination of Polls) Rules;

(e)
rule 28(8) of the Mayoral Elections (Combination of Polls) Rules.

Guidance to be exhibited in each polling station compartment

22  (1)
A notice in the form set out in Form 6 in Part 3 of this Schedule, giving

directions for the guidance of voters in voting, must be exhibited in every

compartment of every polling station.

      (2)
This paragraph applies instead of—

(a)
rule 16(7) of the referendum rules;

(b)
rule 26(10) of the Local Elections (Combination of Polls) Rules;

(c)
rule 26(10) of the Parish Elections (Combination of Polls) Rules;

(d)
rule 17(10) of the Local Referendums (Combination of Polls) Rules;

(e)
rule 28(10) of the Mayoral Elections (Combination of Polls) Rules.

Notice of appointment of polling and counting agents

23  (1)
A notice required to be given to a returning officer for a relevant election under

any of the following provisions is to be given instead to the counting officer

for the voting area in which the relevant election is to be held—

(a)
rule 27(5), (7) or (8) of the Local Elections (Combination of Polls)

Rules;

(b)
rule 27(5) or (7) of the Parish Elections (Combination of Polls) Rules;

(c)
rule 29(7), (9) or (10) of the Mayoral Elections (Combination of Polls)

Rules.

      (2)
This paragraph applies instead of—

(a)
rule 27(6) of the Local Elections (Combination of Polls) Rules;

(b)
rule 27(6) of the Parish Elections (Combination of Polls) Rules;

(c)
rule 29(8) of the Mayoral Elections (Combination of Polls) Rules.

The poll

Admission to the polling station

24
Rule 20(1) of the referendum rules has effect as if the persons listed there

included persons who would be entitled to be admitted to the polling station

for any relevant election if the poll for that relevant election were held on its

own.

Voting by persons on duty on day of poll

25  (1)
Paragraph 2(5) of Schedule 3 has effect as if in the words after paragraph (b)

the reference to any polling station were to any polling station in the same

voting area as the allotted polling station.

Committee of the whole House: 19 October 2010
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Parliamentary Voting System and Constituencies Bill, continued

      (2)
A certificate as to employment on duty on the day of the poll for the

referendum must be in the form set out in Form 7 in Part 3 of this Schedule.

      (3)
Sub-paragraph (2) applies instead of rule 20(4)(b) of the referendum rules.

Questions put to voters: local referendums

26
The Table in rule 26 of the Local Referendums (Combination of Polls) Rules

has effect as if for “this referendum”, in each place, there were substituted “this

(specify local authority) referendum”.

Voting procedure: copies of registers and absent voters lists

27  (1)
If the counting officer thinks fit, the same copy of the register of electors may

be used under the following provisions for the purposes of the referendum and

the relevant elections—

(a)
rule 27(2) of the referendum rules;

(b)
rule 35(1) of the Local Elections (Combination of Polls) Rules;

(c)
rule 35(1) of the Parish Elections (Combination of Polls) Rules;

(d)
rule 28(1) of the Local Referendums (Combination of Polls) Rules;

(e)
rule 37(1) of the Mayoral Elections (Combination of Polls) Rules.

      (2)
Sub-paragraphs (3) and (4) apply where the same copy of the register is used

as mentioned in sub-paragraph (1).

      (3)
In a case where a ballot paper is delivered at the same time in respect of the

referendum and each relevant election, a single mark must be placed in the

register against the number of the elector under—

(a)
rule 27(2)(c) of the referendum rules,

(b)
rule 35(1)(c) of the Local Elections (Combination of Polls) Rules,

(c)
rule 35(1)(c) of the Parish Elections (Combination of Polls) Rules,

(d)
rule 28(1)(c) of the Local Referendums (Combination of Polls) Rules,

and

(e)
rule 37(1)(c) of the Mayoral Elections (Combination of Polls) Rules.

      (4)
In any other case, a mark must be placed in the register against the number of

the elector identifying the poll to which each ballot paper delivered relates.

      (5)
In the case of an elector who is added to the register in pursuance of a notice

issued under section 13B(3B) or (3D) of the 1983 Act—

(a)
references in this paragraph to the copy of the register of electors are

to be read as references to the copy of the notice;

(b)
references to a mark being placed in the register of electors are to be

read as references to a mark being made on the copy of the notice.

      (6)
This paragraph applies instead of—

(a)
rule 35(6) of the Local Elections (Combination of Polls) Rules;

(b)
rule 35(6) of the Parish Elections (Combination of Polls) Rules;

(c)
rule 28(6) of the Local Referendums (Combination of Polls) Rules;

(d)
rule 37(6) of the Mayoral Elections (Combination of Polls) Rules.

28  (1)
If the counting officer thinks fit, the counting officer may require the relevant

registration officer to produce a combined list of proxies for the referendum

and the relevant elections.

      (2)
The following provisions apply where the lists are combined and a person

applies for a ballot paper as proxy.

      (3)
Immediately before delivery of the ballot paper the list of proxies must be

marked in a way that identifies—

(a)
the proxy,

Committee of the whole House: 19 October 2010
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Parliamentary Voting System and Constituencies Bill, continued

(b)
the elector for whom the proxy is applying for the ballot paper, and

(c)
the referendum or relevant election to which the ballot paper relates.

      (4)
Sub-paragraph (3) applies instead of—

(a)
rule 27(2)(d) of the referendum rules;

(b)
rule 35(1)(d) of the Local Elections (Combination of Polls) Rules;

(c)
rule 35(1)(d) of the Parish Elections (Combination of Polls) Rules;

(d)
rule 28(1)(d) of the Local Referendums (Combination of Polls) Rules;

(e)
rule 37(1)(d) of the Mayoral Elections (Combination of Polls) Rules.

29  (1)
This paragraph applies where proceedings on the issue and receipt of postal

ballot papers are taken together by virtue of regulation 65 of the Representation

of the People (England and Wales) Regulations 2001.

      (2)
If the counting officer thinks fit, the counting officer may require the relevant

registration officer to produce a combined postal voters list and a combined

proxy postal voters list for the referendum and the relevant elections.

List of votes marked by presiding officer

30  (1)
If the counting officer thinks fit, a single list of votes marked by the presiding

officer may be used for the purposes of the referendum and the relevant

elections.

      (2)
Where a person’s entry in that list does not relate to the referendum and each

relevant election the entry must—

(a)
indicate whether it relates to the referendum, and

(b)
identify any relevant election to which it relates.

      (3)
In this paragraph “list of votes marked by the presiding officer” means a list

compiled under—

(a)
rule 29(4) of the referendum rules,

(b)
rule 36(2) of the Local Elections (Combination of Polls) Rules,

(c)
rule 36(2) of the Parish Elections (Combination of Polls) Rules,

(d)
rule 29(2) of the Local Referendums (Combination of Polls) Rules, or

(e)
rule 38(2) of the Mayoral Elections (Combination of Polls) Rules.

      (4)
This paragraph applies instead of—

(a)
rule 36(4) of the Local Elections (Combination of Polls) Rules;

(b)
rule 36(4) of the Parish Elections (Combination of Polls) Rules;

(c)
rule 29(4) of the Local Referendums (Combination of Polls) Rules;

(d)
rule 38(5) of the Mayoral Elections (Combination of Polls) Rules.

Declaration to be made by the companion of a voter with disabilities

31  (1)
A declaration made by the companion of a voter with disabilities must be in

the form set out in Form 8 in Part 3 of this Schedule.

      (2)
In this paragraph “declaration made by the companion of a voter with

disabilities” means a declaration made by a companion under—

(a)
rule 30 of the referendum rules,

(b)
rule 37 of the Local Elections (Combination of Polls) Rules,

(c)
rule 37 of the Parish Elections (Combination of Polls) Rules,

(d)
rule 30 of the Local Referendums (Combination of Polls) Rules, or

(e)
rule 39 of the Mayoral Elections (Combination of Polls) Rules.

      (3)
This paragraph applies instead of—

(a)
rule 30(5)(a) of the referendum rules;



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