House of Commons Amendments

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Committee of the whole House: 19 October 2010
462

Parliamentary Voting System and Constituencies Bill, continued

(b)
rule 37(7)(a) of the Local Elections (Combination of Polls) Rules;

(c)
rule 37(7)(a) of the Parish Elections (Combination of Polls) Rules;

(d)
rule 30(7)(a) of the Local Referendums (Combination of Polls) Rules;

(e)
rule 39(8)(a) of the Mayoral Elections (Combination of Polls) Rules.

List of voters with disabilities assisted by companions

32  (1)
If the counting officer thinks fit, a single list of voters with disabilities assisted

by companions 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 voters with disabilities assisted by companions”

means a list compiled under—

(a)
rule 30(8) of the referendum rules,

(b)
rule 37(4) of the Local Elections (Combination of Polls) Rules,

(c)
rule 37(4) of the Parish Elections (Combination of Polls) Rules,

(d)
rule 30(4) of the Local Referendums (Combination of Polls) Rules, or

(e)
rule 39(4) of the Mayoral Elections (Combination of Polls) Rules.

      (4)
This paragraph applies instead of—

(a)
rule 37(6) of the Local Elections (Combination of Polls) Rules;

(b)
rule 37(6) of the Parish Elections (Combination of Polls) Rules;

(c)
rule 30(6) of the Local Referendums (Combination of Polls) Rules;

(d)
rule 39(7) of the Mayoral Elections (Combination of Polls) Rules.

Tendered votes list

33  (1)
If the counting officer thinks fit, a single tendered votes list 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 “tendered votes list” means a list compiled under—

(a)
rule 32(7) of the referendum rules,

(b)
rule 39(2) of the Local Elections (Combination of Polls) Rules,

(c)
rule 39(2) of the Parish Elections (Combination of Polls) Rules,

(d)
rule 32(2) of the Local Referendums (Combination of Polls) Rules, or

(e)
rule 41(2) of the Mayoral Elections (Combination of Polls) Rules.

      (4)
This paragraph applies instead of—

(a)
rule 39(3) of the Local Elections (Combination of Polls) Rules;

(b)
rule 39(3) of the Parish Elections (Combination of Polls) Rules;

(c)
rule 32(3) of the Local Referendums (Combination of Polls) Rules;

(d)
rule 41(3) of 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

Lists relating to correction of errors on day of poll

34  (1)
If the counting officer thinks fit, a single list of persons to whom ballot papers

are delivered in consequence of late alterations to the register 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 persons to whom ballot papers are delivered in

consequence of late alterations to the register” means a list compiled under—

(a)
rule 35 of the referendum rules,

(b)
rule 41(1) of the Local Elections (Combination of Polls) Rules,

(c)
rule 41(1) of the Parish Elections (Combination of Polls) Rules,

(d)
rule 34(1) of the Local Referendums (Combination of Polls) Rules, or

(e)
rule 43(1) of the Mayoral Elections (Combination of Polls) Rules.

      (4)
This paragraph applies instead of—

(a)
rule 41(2) of the Local Elections (Combination of Polls) Rules;

(b)
rule 41(2) of the Parish Elections (Combination of Polls) Rules;

(c)
rule 34(2) of the Local Referendums (Combination of Polls) Rules;

(d)
rule 43(2) of the Mayoral Elections (Combination of Polls) Rules.

Notice of adjournment in case of riot

35
In the following provisions, references to a returning officer are to be read as

references to the counting officer—

(a)
rule 42(1) of the Local Elections (Combination of Polls) Rules;

(b)
rule 42(1) of the Parish Elections (Combination of Polls) Rules;

(c)
rule 44(1) of the Mayoral Elections (Combination of Polls) Rules.

Procedure on close of poll

36  (1)
In rule 37(1) of the referendum rules the reference to polling agents includes a

reference to polling agents appointed for the purposes of any relevant election.

      (2)
A packet made up under rule 37(1)(b), (c) or (f) of the referendum rules may

not be combined with a packet made up under a corresponding provision of the

rules governing any relevant election.

      (3)
The ballot paper account prepared under rule 37(6) of the referendum rules

may not be combined with the ballot paper account for any relevant election.

37  (1)
In the following provisions, references to a returning officer are to be read as

references to the counting officer—

(a)
rule 43(1) of the Local Elections (Combination of Polls) Rules;

(b)
rule 43(1) of the Parish Elections (Combination of Polls) Rules;

(c)
rule 45(1) of the Mayoral Elections (Combination of Polls) Rules.

      (2)
This paragraph applies instead of—

(a)
rule 43(3) of the Local Elections (Combination of Polls) Rules;

(b)
rule 43(3) of the Parish Elections (Combination of Polls) Rules;

(c)
rule 45(3) of the Mayoral Elections (Combination of Polls) Rules.

Committee of the whole House: 19 October 2010
464

Parliamentary Voting System and Constituencies Bill, continued

Counting of votes

Attendance and arrangements for counting

38  (1)
The counting officer must make arrangements for counting the ballot papers

and carrying out the other functions conferred by paragraph 42 in the presence

of the counting agents.

      (2)
The counting officer must give the counting agents notice in writing of the time

and place at which the proceedings under paragraph 42 will begin.

      (3)
A person may be present at the proceedings under paragraph 42 only if—

(a)
the person is entitled to be present at the counting of the votes for the

referendum or a relevant election, or

(b)
the person is permitted by the counting officer to attend.

      (4)
The counting officer may give a person permission under sub-paragraph (3)(b)

only if—

(a)
the officer is satisfied that the person’s attendance will not impede the

efficient conduct of the proceedings, and

(b)
the officer has consulted the referendum agents and election agents or

thought it impracticable to do so.

      (5)
The counting officer must give the counting agents—

(a)
whatever reasonable facilities for overseeing the proceedings, and

(b)
whatever information with respect to the proceedings,


the officer can give them consistently with the orderly conduct of the

proceedings and the discharge of the officer’s duties.

39
Rule 38(1) of the referendum rules (arrangements for the counting of votes in

the referendum) has effect with the omission of the words “after the close of

the poll”.

40  (1)
The returning officer for a relevant election must make arrangements for

counting the votes in the presence of the counting agents for the relevant

election as soon as practicable after receiving the ballot papers from the

counting officer under paragraph 43.

      (2)
The returning officer must give the counting agents for the relevant election

notice in writing of the time and place at which the counting of the votes for

the relevant election will begin.

      (3)
A person may be present at the counting of the votes for a relevant election

only if—

(a)
the person is permitted by the returning officer to attend, or

(b)
the person would be entitled to be present at the counting of votes for

the relevant election if it were taken on its own.

      (4)
The returning officer may give a person permission under sub-paragraph (3)(a)

only if—

(a)
the officer is satisfied that the person’s attendance will not impede the

efficient counting of the votes, and

(b)
the officer has consulted the election agents or thought it impracticable

to do so.

      (5)
The returning officer must give the counting agents for the relevant election—

(a)
whatever reasonable facilities for overseeing the proceedings, and

(b)
whatever information with respect to the proceedings,


the officer can give them consistently with the orderly conduct of the

proceedings and the discharge of the officer’s duties.

      (6)
In particular, where the votes are counted by sorting the ballot papers into lots

according to the votes marked on them and then counting the number of ballot

Committee of the whole House: 19 October 2010
465

Parliamentary Voting System and Constituencies Bill, continued

papers in each lot, the counting agents for the relevant election are entitled to

satisfy themselves that the ballot papers are correctly sorted.

41
Paragraphs 38 and 40 apply instead of—

(a)
rule 44 of the Local Elections (Combination of Polls) Rules;

(b)
rule 44 of the Parish Elections (Combination of Polls) Rules;

(c)
rule 37 of the Local Referendums (Combination of Polls) Rules;

(d)
rule 46 of the Mayoral Elections (Combination of Polls) Rules.

Counting and separation of ballot papers by counting officer

42  (1)
As soon as practicable after the close of the poll the counting officer must—

(a)
in the presence of the counting agents, open the ballot boxes and count

and record separately the number of ballot papers relating to the

referendum and each relevant election;

(b)
where proceedings on the issue and receipt of postal ballot papers for

the referendum and the relevant elections are taken together, count the

postal ballot papers that have been duly returned for the referendum

and the relevant election and record separately the number relating to

each;

(c)
where proceedings on the issue and receipt of postal ballot papers for

the referendum and the relevant elections are not taken together, count

the postal ballot papers that have been duly returned for the

referendum and record the number;

(d)
separate ballot papers relating to the referendum and those relating to

each relevant election.

      (2)
Rule 39(3) of the referendum rules applies for the purposes of any combined

polls; but 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, a reference in rule 39(3) to a

counting officer is to be read in relation to the return of ballot papers for a

relevant election as a reference to the returning officer for that relevant

election.

      (3)
The counting officer must not count any tendered ballot papers.

      (4)
The counting officer, while counting and recording the number of ballot

papers, must—

(a)
keep the ballot papers with their faces upwards, and

(b)
take all proper precautions for preventing anyone from seeing the

numbers or other unique identifying marks printed on the back of the

papers.

      (5)
The counting officer must, in the presence of the referendum agents and the

election agents for the relevant elections—

(a)
verify each ballot paper account by comparing it with the number of

ballot papers recorded by the officer, and the unused and spoilt ballot

papers in the officer’s possession and the tendered votes list (opening

and resealing the packets containing the unused and spoilt ballot

papers and the tendered votes list);

(b)
draw up a separate statement as to the result of the verification in

relation to each poll.

      (6)
An election agent for a relevant election may copy the statement relating to that

relevant election.

      (7)
A counting agent for the referendum present at the verification may copy the

statement relating to the referendum.

Committee of the whole House: 19 October 2010
466

Parliamentary Voting System and Constituencies Bill, continued

      (8)
Once the statement relating to the referendum 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

contents of the statement;

(b)
in the case of any other voting area, inform the Chief Counting Officer

of the contents of the statement.

      (9)
Rule 39 of the referendum rules does not apply (except for the purposes of sub-

paragraph (2) above).

Delivery of ballot papers etc to returning officers

43  (1)
The counting officer must deliver or cause to be delivered to the returning

officer for a relevant election the ballot papers for the relevant election.

      (2)
The counting officer must also deliver or cause to be delivered to the returning

officer—

(a)
the ballot paper accounts and the statement as to the result of the

verification of the ballot paper accounts for the relevant election;

(b)
the packets of unused and spoilt ballot papers for the relevant election;

(c)
the packets of tendered ballot papers for the relevant election;

(d)
the packets of certificates as to employment on duty on the day of the

poll for the relevant election.

      (3)
If the counting officer has not begun to count the votes given on the

referendum ballot papers by the time the statements as to the result of the

verification of the ballot paper accounts in relation to all the polls are

prepared—

(a)
those ballot papers must be sealed into packets, each of which must be

endorsed with a description of its contents, and

(b)
the packets may not be opened until the counting officer begins

dealing with the ballot papers in those packets under paragraph 44(1).

      (4)
If, in respect of a relevant election, none of the ballot papers have been

delivered under sub-paragraph (1) by the time the statements as to the result of

the verification of the ballot paper accounts in relation to all the polls are

prepared—

(a)
the ballot papers for that election must be sealed into packets, each of

which must be endorsed with a description of its contents, and

(b)
the packets may not be opened until the returning officer begins

dealing with the ballot papers in those packets under paragraph 44(3).

Counting of votes

44  (1)
The counting officer must count the votes given on the ballot papers for the

referendum, but must not do so until—

(a)
in the case of postal ballot papers, they have been mixed with the ballot

papers from at least one ballot box;

(b)
in the case of ballot papers from a ballot box, they have been mixed

with the ballot papers from at least one other ballot box.

      (2)
Where proceedings on the issue and receipt of postal ballot papers for a

relevant election are not taken together with those for the referendum and any

other relevant elections, the returning officer for the relevant election must

count the postal ballot papers that have been duly returned and record the

number counted.

      (3)
The returning officer for a relevant election must count the votes given on the

ballot papers for the relevant election, but must not do so until—

Committee of the whole House: 19 October 2010
467

Parliamentary Voting System and Constituencies Bill, continued

(a)
in the case of postal ballot papers, they have been mixed with the ballot

papers from at least one ballot box;

(b)
in the case of ballot papers from a ballot box, they have been mixed

with the ballot papers from at least one other ballot box.

      (4)
The counting or returning officer, while counting the votes, must—

(a)
keep the ballot papers with their faces upwards, and

(b)
take all proper precautions for preventing anyone from seeing the

numbers or other unique identifying marks printed on the back of the

papers.

      (5)
The counting or returning officer must so far as practicable proceed

continuously with the counting of votes, allowing only time for refreshment,

except that—

(a)
the officer may exclude the whole or any part of the period between

7 pm and 9 am on the next day;

(b)
the officer may exclude a day mentioned in rule 2(1) of the referendum

rules.

      (6)
During the time so excluded the counting or returning officer must—

(a)
place the ballot papers and other documents relating to the referendum

or relevant election under the officer’s own seal and the seals of any

of the counting agents who want to affix their seals, and

(b)
otherwise take proper precautions for the security of the papers and

documents.

      (7)
This paragraph and paragraph 45 apply instead of—

(a)
rule 45 of the Local Elections (Combination of Polls) Rules;

(b)
rule 45 of the Parish Elections (Combination of Polls) Rules;

(c)
rule 38 of the Local Referendums (Combination of Polls) Rules;

(d)
rule 47 of the Mayoral Elections (Combination of Polls) Rules.

Ballot papers placed in wrong ballot box

45
Where separate ballot boxes are used for the referendum and a relevant

election, the placing of a ballot paper in the wrong ballot box does not render

it void.

Declaration of result

Declaration

46
The result of the referendum or a relevant election may not be declared until

the statement as to the result of the verification of the ballot paper accounts in

relation to each poll has been prepared.

Disposal of documents etc

Packets of documents

47  (1)
The counting officer may not open the sealed packets of—

(a)
the completed corresponding number lists for a relevant election, or

(b)
marked copies of the register of electors (including any marked copy

notices issued under section 13B(3B) or (3D) of the 1983 Act), and

lists of proxies, for a relevant election.

      (2)
The following provisions have effect as if paragraph (3) were omitted—

(a)
rule 51 of the Local Elections (Combination of Polls) Rules;

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

(b)
rule 51 of the Parish Elections (Combination of Polls) Rules;

(c)
rule 44 of the Local Referendums (Combination of Polls) Rules;

(d)
rule 56 of the Mayoral Elections (Combination of Polls) Rules.

Delivery and retention of documents

48  (1)
Rules 49(1)(a) and 51 of the referendum rules apply to the specified

documents.

      (2)
The specified documents are those specified in sub-paragraphs (c), (d) and (f)

of paragraph (1) of—

(a)
rule 52 of the Local Elections (Combination of Polls) Rules;

(b)
rule 52 of the Parish Elections (Combination of Polls) Rules;

(c)
rule 45 of the Local Referendums (Combination of Polls) Rules;

(d)
rule 57 of the Mayoral Elections (Combination of Polls) Rules.

      (3)
Except for the purposes of this paragraph, those rules have effect as if they did

not include a reference to the specified documents (and as if paragraph (2)

were omitted).

      (4)
Nothing in this paragraph prevents the following provisions from applying to

the specified documents—

(a)
rule 53 of the Local Elections (Combination of Polls) Rules;

(b)
rule 53 of the Parish Elections (Combination of Polls) Rules;

(c)
rule 46 of the Local Referendums (Combination of Polls) Rules;

(d)
rule 58 of the Mayoral Elections (Combination of Polls) Rules.

      (5)
Each of the following provisions has effect as if for “by this rule provided”

there were substituted “provided by this rule (or a court order)”—

(a)
rule 53(8) of the Local Elections (Combination of Polls) Rules;

(b)
rule 53(8) of the Parish Elections (Combination of Polls) Rules;

(c)
rule 46(9) of the Local Referendums (Combination of Polls) Rules;

(d)
rule 58(9) of the Mayoral Elections (Combination of Polls) Rules.

      (6)
Rule 45(1) of the Local Referendums (Combination of Polls) Rules has effect

as if the words “Where” and “is the relevant returning or counting officer, he”

were omitted.

Countermand or abandonment of poll on death of candidate

49  (1)
The following provisions have effect as if they were modified in accordance

with sub-paragraphs (2) and (3)—

(a)
rule 55 of the Local Elections (Combination of Polls) Rules;

(b)
rule 55 of the Parish Elections (Combination of Polls) Rules;

(c)
rule 60 of the Mayoral Elections (Combination of Polls) Rules.

      (2)
In paragraph (4), for “returning officer” substitute “relevant counting officer”.

      (3)
In paragraph (7), for the words from the beginning to “further step” substitute

“Once the ballot papers relating to each relevant election or referendum have

been separated, no step or further step may be taken”.

Part 2

Application of provisions about issue and receipt of postal ballot papers

1    (1)
For the purposes of the combined polls, Part 5 of the Representation of the

People (England and Wales) Regulations 2001 (S.I. 2001/341) applies—

(a)
with the modifications shown in the table, and



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