House of Commons Amendments

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Committee of the whole House: 20 October 2010
637

Parliamentary Voting System and Constituencies Bill, continued

Paragraph 22(1)

Form 6 - Guidance for voters to be exhibited in every polling station compartment

REFERENDUM ON THE VOTING SYSTEM FOR

UNITED KINGDOM PARLIAMENTARY ELECTIONS

*[specify colour] ballot paper

Mark one box only.

*[specify name of council] COUNCIL ELECTION

*[specify colour] ballot paper

*vote for no more than [specify number] candidates

*vote for ONE candidate only

*[specify name of parish] COUNCIL ELECTION

*[specify colour] ballot paper

*vote for no more than [specify number] candidates

*vote for ONE candidate only

[SPECIFY OTHER] REFERENDUM

*[specify colour] ballot paper

Mark one box only.

*ELECTION OF THE MAYOR OF [specify name of council]

*[specify colour] ballot paper

*vote for ONE candidate only

*vote ONCE for your first choice and ONCE for your second choice

PUT NO OTHER MARKS ON THE BALLOT PAPERS OR YOUR VOTES MAY NOT

BE COUNTED.

* Complete or omit as necessary.

Committee of the whole House: 20 October 2010
638

Parliamentary Voting System and Constituencies Bill, continued

Paragraph 25(2)

Form 7 - Form of certificate of employment

Referendum on the voting system for United Kingdom parliamentary elections

[insert name of voting area]

I certify that (name) ..................... who is numbered ................... in the register of electors

cannot reasonably be expected to go in person to the polling station allotted to him or her

in the referendum on (date of poll) ..................... by reason of the particular

circumstances of his or her employment on that date for a purpose connected with the

referendum *as a constable / *by me.

*Delete whichever is inappropriate.

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

*Counting officer / police officer (inspector or above)

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

Note: The person named above is entitled to vote at any polling station in the voting area

specified above on production and surrender of this certificate to the presiding officer.

Paragraph 31(1)

Committee of the whole House: 20 October 2010
639

Parliamentary Voting System and Constituencies Bill, continued

Form 8 - Form of declaration to be made by the companion of a voter with

disabilities

I, ................................................................................................... (name of companion)

of .................................................................................................. (address of companion)

having been requested to assist ..................................................... (name of voter)

[in the case of a person with disabilities voting as proxy, add

voting as proxy for ........................................................................ (name of [elector]* [or]*

[voter]*)]

whose name on the register is .................................................. to record their vote at the

[referendum(s)]* [and]* [election(s)*]* being held in this [voting area]* [/local

government area]* [/parish]*

hereby declare that

(a)
[I am entitled to vote as an [elector]* [or]* [voter]* at the said [referendum(s)]*

[and]* [election(s)]*,]*

(b)
[I am the #.................................. of the said voter and have attained the age of 18

years,]* and

(c)
I have not previously assisted any voter with disabilities [except ..........................

(name of other [elector]* [or]* [ voter]*), of .......................... (address of other

[elector]* [or]* [voter]*)] to vote at the said [referendum(s)]* [or]*

[election(s)]*]*.

#State the relationship of the companion to the voter.

*Delete as appropriate.

(Signed) .......................................... (companion)

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

I, the undersigned, being the presiding officer for the .............. polling station for ..............

the [insert name of voting area] hereby certify that the above declaration, having been first

read to the above-named declarant, was signed by the declarant in my presence.

(Signed)..........................................

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

Time ........................................ (am/pm)

NOTE: (1) If the person making the above declaration knowingly and wilfully makes

therein a statement false in a material particular, he or she will be guilty of an offence.

(2) A voter with disabilities is a voter who has made a declaration that he or she is so

incapacitated by blindness or other disability, or by an inability to read, as to be unable to

vote without assistance.’.

Committee of the whole House: 20 October 2010
640

Parliamentary Voting System and Constituencies Bill, continued

The Deputy Prime Minister

NS3

To move the following Schedule:—

‘Combination of polls: wales

Part 1

Provision about combination

General provisions

Interpretation

1
The polls to be taken together under section [Combination of polls](2) are

referred to in this Schedule as “combined polls”.

2
In this Schedule—

“Assembly election” means—

(i)
an Assembly constituency election, or

(j)
an Assembly regional election;

“Assembly constituency election” means an election for the return of an

Assembly constituency member (within the meaning of section 1 of the

Government of Wales Act 2006);

“Assembly Elections Rules” means the rules set out in Schedule 5 to the

Welsh Assembly Order;

“Assembly regional election” means an election for the return of an

Assembly regional member (within the meaning of section 1 of the

Government of Wales Act 2006);

“constituency returning officer” is to be construed in accordance with

Article 18 of the Welsh Assembly Order;

“counting agent” means a counting agent for the referendum or a counting

agent for an Assembly election (except where one or other is specified);

“regional returning officer” is to be construed in accordance with Article 18

of the Welsh Assembly Order;

“returning officer” means a person who is a constituency returning officer

or a regional returning officer (unless one or the other is specified);

“the Welsh Assembly Order” means the National Assembly for Wales

(Representation of the People) Order 2007 (S.I. 2007/236).

Cost of combined polls

3
The cost of taking the combined polls (excluding any cost solely attributable

to the referendum or an Assembly election), and any cost attributable to their

combination, is to be apportioned equally between—

(a)
the referendum, and

(b)
the Assembly elections.

4    (1)
Articles 23 and 24 of the Welsh Assembly Order (payments by and to returning

officer etc) apply—

(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

Committee of the whole House: 20 October 2010
641

Parliamentary Voting System and Constituencies Bill, continued

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

expenses were to services rendered or expenses incurred in respect of

transferred functions.

      (2)
An order under article 23(1) of that Order (as it has effect as mentioned above)

may include special provision for services rendered or expenses incurred by a

counting officer in respect of transferred functions.

Publication of statement of persons nominated

5    (1)
The statement of persons nominated at an Assembly election must be

published not later than noon on the 15th day before the date of the poll.

      (2)
The timetable set out in rule 1(1) of the Assembly Elections Rules is to be read

with whatever modifications are necessary to give effect to this paragraph.

Forms

6
Forms 2, 3, 4, 6, 7 and 9 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

7    (1)
This paragraph applies where proceedings on the issue and receipt of postal

ballot papers are taken together by virtue of paragraph 2 of Schedule 3 to the

Welsh Assembly Order.

      (2)
The function of the constituency returning officer under rule 27 of the

Assembly Elections Rules is to be carried out by the counting officer.

      (3)
If the counting officer thinks fit, the lists prepared under the following

provisions may be combined in the form set out in Form 1 in Part 2 of this

Schedule—

(a)
rule 6 of the referendum rules;

(b)
rule 27 of the Assembly Elections Rules.

      (4)
In that case, sub-paragraph (3) applies instead of—

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

(b)
rule 27(2) of the Assembly Elections Rules.

8    (1)
This paragraph applies where proceedings on the issue and receipt of postal

ballot papers are not taken together by virtue of paragraph 2 of Schedule 3 to

the Welsh Assembly Order.

      (2)
The counting officer must prepare a list under sub-paragraph (3) or (4) as the

officer thinks fit.

      (3)
A list under this sub-paragraph is a list containing the numbers and other

unique identifying marks of all of the ballot papers to be provided to presiding

officers in pursuance of rule 37(1) of the Assembly Elections Rules.


The list must be in form CM set out in Schedule 10 to the Welsh Assembly

Order.

      (4)
A list under this sub-paragraph is a 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 37(1) of the Assembly Elections Rules.


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

Committee of the whole House: 20 October 2010
642

Parliamentary Voting System and Constituencies Bill, continued

      (5)
A list prepared under rule 27 of the Assembly Elections Rules must not include

details relating to ballot papers in relation to which a list is prepared under sub-

paragraph (3) or (4).

      (6)
A reference in an enactment to a list prepared under rule 27 of the Assembly

Elections Rules has effect, in so far as it relates to ballot papers to be provided

in pursuance of rule 37(1) of those rules, as a reference to the list prepared

under sub-paragraph (3) or (4).

      (7)
Where the counting officer prepares a list under sub-paragraph (4) in relation

to ballot papers —

(a)
the list prepared under rule 6 of the referendum rules must not include

details relating to those ballot papers;

(b)
a reference in an enactment to a list prepared under rule 6 of the

referendum rules has effect, in so far as it relates to ballot papers to be

provided in pursuance of rule 16(1) of the referendum rules, as a

reference to the list prepared under sub-paragraph (4).

Notice of polling stations

9    (1)
No later than the time of the publication of the notice of the polls, the counting

officer must give public notice of—

(a)
the situation of each polling station;

(b)
the description of voters entitled to vote there.

      (2)
The notice must—

(a)
state that the polls for the referendum, the Assembly constituency

election and the Assembly regional election are to be taken together,

and

(b)
specify the relevant voting area, constituency and region.

      (3)
As soon as practicable after giving the notice the counting officer must give a

copy of it to—

(a)
each of the referendum agents appointed for the officer’s area;

(b)
each of the election agents for the Assembly elections;

(c)
the regional returning officer.

      (4)
This paragraph applies instead of—

(a)
rule 10(3) and (4) of the referendum rules;

(b)
rule 32(2) to (4) of the Assembly Elections rules.

Postal voting

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

ballot papers are taken together by virtue of paragraph 2 of Schedule 3 to the

Welsh Assembly Order.

      (2)
The functions of the constituency returning officer under rule 33 of the

Assembly Elections Rules are to be carried out by the counting officer.

      (3)
The form of postal voting statement to be issued to those entitled to vote by

post in the referendum and in both the Assembly elections must be in the form

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

      (4)
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.

      (5)
The provisions are—

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

(b)
rule 33(1) of the Assembly Elections Rules.

Committee of the whole House: 20 October 2010
643

Parliamentary Voting System and Constituencies Bill, continued

11  (1)
This paragraph applies where proceedings on the issue and receipt of postal

ballot papers are not taken together by virtue of paragraph 2 of Schedule 3 to

the Welsh Assembly Order.

      (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)
Sub-paragraph (2) 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.

      (4)
The form of postal voting statement to be issued to those entitled to vote in the

Assembly elections must be in the form set out in Form 4 in Part 3 of this

Schedule.

      (5)
Sub-paragraph (4) applies instead of the requirement in rule 33(1) of the

Assembly Elections Rules for a postal voting statement to be in a particular

form.

Polling stations

12
The functions of the constituency returning officer under rule 34 of the

Assembly Elections Rules are to be carried out by the counting officer.

13
The referendum polling stations are to be used for the combined polls.

Appointment of presiding officers and clerks

14
The functions of the constituency returning officer under the following

paragraphs of rule 35 of the Assembly Elections Rules are to be carried out by

the counting officer—

(a)
paragraph (1) so far as it relates to the appointment of presiding

officers and clerks;

(b)
paragraph (3).

Official poll cards

15  (1)
If the counting officer thinks fit, the official poll cards used for the referendum

and the Assembly elections may be combined.

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

referendum and elections must be adapted in whatever manner seems

necessary.

Equipment of polling stations

16
The functions of the constituency returning officer under rule 37 of the

Assembly Elections Rules are to be carried out by the counting officer.

17  (1)
If the counting officer thinks fit, the same ballot box may be used at the polls

for the referendum and the Assembly elections.

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

(a)
the referendum or Assembly election to which it relates, and

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

      (3)
This paragraph applies instead of rule 37(2) and (3) of the Assembly Elections

Rules.

Colour of ballot papers

18
The ballot papers used for the referendum must be of a different colour from

the ballot papers used for the Assembly elections.



© Parliamentary copyright 2010	Revised 20 October 2010