House of Commons Amendments

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Committee of the whole House: 20 October 2010
644

Parliamentary Voting System and Constituencies Bill, continued

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 5 in Part 3 of this

Schedule—

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

(b)
rule 37(5)(d) of the Assembly Elections Rules.

      (2)
In that case, this paragraph applies instead of—

(a)
the second sentence in rule 16(3) of the referendum rules;

(b)
the requirement in rule 37(5)(d) of the Assembly Elections Rules to

use a particular form.

Ballot paper displayed in polling stations

20  (1)
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.

      (2)
The large version of the ballot paper displayed inside the polling station under

rule 37(7)(a) of the Assembly Elections Rules in respect of each Assembly

election must be of the same colour as the ballot papers to be used for that

election.

Guidance to be exhibited inside and outside polling stations

21  (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 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 37(14) of the Assembly Elections Rules.

Guidance to be exhibited in each polling station compartment

22  (1)
A notice in the form set out in Form 7 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 37(15) and (16) of the Assembly Elections Rules.

Notice of appointment of polling and counting agents

23
A notice required to be given to a constituency returning officer under

rule 38(5), (6) or (7) of the Assembly Elections Rules is to be given to the

counting officer.

Notification of requirement of secrecy

24
The functions of the constituency returning officer under rule 39(a) of the

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

Return of postal ballot papers

25
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,

Committee of the whole House: 20 October 2010
645

Parliamentary Voting System and Constituencies Bill, continued

the functions of the constituency returning officer under rule 40 of the

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

The poll

Admission to the polling station

26  (1)
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 an Assembly election if the poll for the election were held on its own.

      (2)
Rule 41(1) of the Assembly Elections Rules has effect as if the persons listed

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

station for the referendum if the poll for the referendum were held on its own.

Voting by persons on duty on day of poll

27  (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.

      (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 8 in Part 3 of this Schedule.

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

28
The returning officer’s function of signing certificates as to employment under

rule 41(5) of the Assembly Elections Rules is to be carried out by the counting

officer.

Removal from polling station

29
The constituency returning officer’s function under rule 42(2)(b) of the

Assembly Elections Rules of authorising someone to remove a person from a

polling station is to be carried out by the counting officer.

Voting procedure: copies of registers and lists of proxies

30  (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 Assembly elections—

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

(b)
rule 46(1) of the Assembly Elections 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, the Assembly constituency election and the Assembly regional

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, and

(b)
rule 46(1)(c) of the Assembly Elections 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.

Committee of the whole House: 20 October 2010
646

Parliamentary Voting System and Constituencies Bill, continued

      (6)
Where the same copy of the register is used as mentioned in sub-paragraph (1),

this paragraph applies instead of rule 46(6) of the Assembly Elections Rules

except so far as it relates to the list of proxies.

31  (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 Assembly 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,

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

(c)
the referendum or Assembly 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 46(1)(d) of the Assembly Elections Rules and rule 46(6) of those

rules so far as it relates to the list of proxies.

32  (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)
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 Assembly elections.

List of votes marked by presiding officer

33  (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 Assembly

elections.

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

Assembly constituency election and the Assembly regional election, the entry

must—

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

(b)
identify any 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, or

(b)
rule 47(2) of the Assembly Elections Rules.

      (4)
Where a single list is used as mentioned in sub-paragraph (1), this paragraph

applies instead of rule 47(5) of the Assembly Elections Rules.

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

34  (1)
A declaration made by the companion of a voter with disabilities must be in

the form set out in Form 9 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, or

(b)
rule 48 of the Assembly Elections Rules.

      (3)
This paragraph applies instead of—

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

(b)
rule 48(7)(a) of the Assembly Elections Rules.

Committee of the whole House: 20 October 2010
647

Parliamentary Voting System and Constituencies Bill, continued

List of voters with disabilities assisted by companions

35  (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

Assembly elections.

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

Assembly constituency election and the Assembly regional election, the entry

must—

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

(b)
identify any 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, or

(b)
rule 48(4) of the Assembly Elections Rules.

      (4)
Where a single list is used as mentioned in sub-paragraph (1), this paragraph

applies instead of rule 48(9) of the Assembly Elections Rules.

Tendered votes list

36  (1)
If the counting officer thinks fit, a single tendered votes list may be used for

the purposes of the referendum and the Assembly elections.

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

Assembly constituency election and the Assembly regional election, the entry

must—

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

(b)
identify any 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, or

(b)
rule 49(8) of the Assembly Elections Rules

      (4)
Where a single list is used as mentioned in sub-paragraph (1), this paragraph

applies instead of rule 49(12) of the Assembly Elections Rules.

Lists relating to correction of errors on day of poll

37  (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 Assembly elections.

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

Assembly constituency election and the Assembly regional election, the entry

must—

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

(b)
identify any 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, or

(b)
rule 51 of the Assembly Elections Rules.

Notice of adjournment in case of riot

38
Rule 52(1) of the Assembly Elections Rules has effect as if references to the

constituency returning officer were to the counting officer.

Committee of the whole House: 20 October 2010
648

Parliamentary Voting System and Constituencies Bill, continued

Procedure on close of poll

39  (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 an Assembly election.

      (2)
In rule 53(1) of the Assembly Elections Rules the reference to polling agents

includes a reference to polling agents appointed for the purposes of the

referendum.

40  (1)
A packet made up under one of the following provisions may not be combined

with a packet made up under another of those provisions.

      (2)
The provisions are—

(a)
rule 37(1)(b), (c) or (f) of the referendum rules;

(b)
rule 53(1)(b), (c), (d), (e) or (h) of the Assembly Elections Rules.

41
The ballot paper accounts prepared under rule 37(6) of the referendum rules

and rule 53(4) of the Assembly Elections Rules may not be combined.

42
In rule 53(3) of the Assembly Elections Rules references to a constituency

returning officer are to be read as references to the counting officer.

Counting of votes

Attendance and arrangements for counting

43  (1)
The counting officer must make arrangements for counting the ballot papers

and carrying out the other functions conferred by paragraph 47 in the presence

of the counting agents.

      (2)
The counting officer must give the counting agents and the regional returning

officer notice in writing of the time and place at which the proceedings under

paragraph 47 will begin.

      (3)
A person may be present at the proceedings under paragraph 47 only if—

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

referendum or an Assembly 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.

44
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”.

45  (1)
The constituency returning officer must make arrangements for counting the

votes for the Assembly elections in the presence of the counting agents for the

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

counting officer under paragraph 48.

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

Assembly elections and the regional returning officer notice in writing of the

time and place at which the counting of the votes for the elections will begin.

Committee of the whole House: 20 October 2010
649

Parliamentary Voting System and Constituencies Bill, continued

      (3)
A person may be present at the counting of the votes for an Assembly 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 Assembly election if it were taken on its own.

      (4)
The constituency 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 constituency returning officer must give the counting agents for the

Assembly elections—

(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

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

satisfy themselves that the ballot papers are correctly sorted.

46
Paragraphs 43 and 45 apply instead of rule 54 of the Assembly Elections Rules.

Counting and separation of ballot papers by counting officer

47  (1)
As soon as practicable after the close of the poll the counting officer must—

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

and record separately the number of ballot papers relating to the

referendum, the Assembly constituency election and the Assembly

regional election;

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

the referendum and the Assembly elections are taken together by

virtue of paragraph 2 of Schedule 3 to the Welsh Assembly Order,

count the postal ballot papers that have been duly returned for the

referendum, the Assembly constituency election and the Assembly

regional 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 Assembly elections are not taken together by

virtue of paragraph 2 of Schedule 3 to the Welsh Assembly Order,

count the postal ballot papers that have been duly returned for the

referendum and record the number;

(d)
separate the ballot papers relating to the referendum, the Assembly

constituency election and the Assembly regional election.

      (2)
The counting officer must not count any tendered ballot papers.

      (3)
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.

      (4)
The counting officer must, in the presence of the referendum agents and the

election agents for the Assembly elections—

Committee of the whole House: 20 October 2010
650

Parliamentary Voting System and Constituencies Bill, continued

(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.

      (5)
An election agent for an Assembly election may copy the statement relating to

that Assembly election.

      (6)
A counting agent for the referendum present at the verification may copy the

statement relating to the referendum.

      (7)
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.

      (8)
Rule 39 of the referendum rules does not apply.

Delivery of ballot papers etc to returning officers

48  (1)
The counting officer must deliver or cause to be delivered to the constituency

returning officer the ballot papers for the Assembly elections.

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

constituency returning officer—

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

verification of the ballot paper accounts for the Assembly elections;

(b)
the packets of unused and spoilt ballot papers for the Assembly

elections;

(c)
the packets of tendered ballot papers for the Assembly elections;

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

poll for the Assembly elections.

      (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 49(1).

      (4)
If, in respect of an Assembly constituency election or an Assembly regional

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 constituency returning officer

begins dealing with the ballot papers in those packets under paragraph

49(3).



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