Committee of the whole House: 20 October 2010

651

Parliamentary Voting System and Constituencies Bill, continued

Counting of votes

49  (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 the

Assembly elections are not taken together with those for the referendum, the

constituency returning officer must count the postal ballot papers that have

been duly returned for the Assembly constituency election and the Assembly

regional election and record separately the number relating to each.

(3)	The constituency returning officer must count the votes given on the ballot

papers for each Assembly election, 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.

(4)	The counting or constituency 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 constituency 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 constituency returning officer

must—

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

or Assembly 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 50 apply instead of rule 55 of the Assembly

Elections Rules.

Ballot papers placed in wrong ballot box

50	Where separate ballot boxes are used for the referendum, the Assembly

constituency election and the Assembly regional election, the placing of a

ballot paper in the wrong ballot box does not render it void.

Committee of the whole House: 20 October 2010

652

Parliamentary Voting System and Constituencies Bill, continued

Declaration of result

Declaration

51	The result of the referendum or an Assembly 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

52  (1)

The counting officer may not open the sealed packets of—

(a)	the completed corresponding number lists for an Assembly 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 an Assembly election.

(2)	Rule 66(3) of the Assembly Elections Rules has effect as if sub-paragraphs (b)

and (d) were omitted.

Delivery and retention of documents

53  (1)

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

documents.

(2)	The specified documents are those specified in rule 67(1)(e), (f) and (h) of the

Assembly Elections Rules.

(3)	Rule 68 of the Assembly Elections Rules applies to the specified documents as

if references to the relevant registration officer were to the registration officer

to whom the documents were forwarded under rule 49(1)(a) of the referendum

rules.

(4)	Except for the purposes of this paragraph, rule 67 of the Assembly Elections

Rules has effect as if it did not include a reference to the specified documents

(and as if paragraph (2) were omitted).

(5)	Rule 68(8) of the Assembly Elections Rules has effect as if after “rule” there

were inserted “(or a court order)”.

Countermand or abandonment of poll on death of candidate

54	Where an Assembly election is countermanded, or polling is abandoned,

because of the death of a candidate, this does not affect the poll for the

referendum.

55  (1)

Rule 76 of the Assembly Elections Rules has effect as if it were modified in

accordance with sub-paragraphs (2) to (4).

(2)	In paragraph (2) after “constituency returning officer” insert “or counting

officer”.

(3)	For paragraph (3) substitute—

“(3)	After the close of any polls that are being taken together with the poll

that has been abandoned, the counting officer must—

(a)	separate the ballot papers for the abandoned poll, and

(b)	deliver or cause to be delivered to the constituency returning

officer the ballot papers and other documents relating to the

abandoned poll.

Committee of the whole House: 20 October 2010

653

Parliamentary Voting System and Constituencies Bill, continued

(3A)	Paragraphs (4) to (9) apply in relation to the election for which the poll

has been abandoned.”

(4)	Sub-paragraph (3) applies instead of rule 76(10) of the Assembly Elections

Rules.

Part 2

Application of provisions about issue and receipt of postal ballot papers

56  (1)

For the purposes of the combined polls, Schedule 3 to the National Assembly

for Wales (Representation of the People) Order 2007 (S.I. 2007/236) applies—

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

(b)	with any other necessary modifications, including in particular those

set out in sub-paragraph (2).

(2)	Except where the context otherwise requires—

(a)	in relation to the referendum or an Assembly election, a reference to a

provision has effect as a reference to that provision as it applies for the

purposes of the referendum or election;

(b)	expressions used in relation to the referendum under section 1 are to

be construed in accordance with the definitions in section 5 and rule

52 of the referendum rules.

(3)	In the Representation of the People (England and Wales) Regulations 2001

(S.I. 2001/341) as they apply in relation to the referendum by virtue of

Schedule 4—

(a)	regulation 61B(3)(a) has effect as if for the words after “postal ballot

papers” there were substituted “in accordance with paragraph 23(4) or

24(3)(a) of Schedule 3 to the National Assembly for Wales

(Representation of the People) Order 2007”;

(b)	regulation 116(1) has effect as if for “regulation 91 above” there were

substituted “paragraph 31 of Schedule 3 to the National Assembly for

Wales (Representation of the People) Order 2007”.

Provision

Modification

Paragraph 1 (interpretation)

For the definition of “agent” substitute—

““agent”, except in paragraph 6(2) to (8)—

(a)	in relation to an Assembly

election, includes an election

agent and a person appointed to

attend in the election agent’s

place;

(b)	in relation to the referendum,

means a referendum agent or an

agent appointed under paragraph

6(2).”

In the appropriate places insert—

““postal voters list” includes the list kept

under paragraph 5(2) of Schedule 3 to the

Parliamentary Voting System and

Constituencies Act 2010;”;

““proxy postal voters list” includes the list

kept under or paragraph 8(6) of Schedule

3 to the Parliamentary Voting System

and Constituencies Act 2010;”;

““relevant returning or counting officer”

means—

(a)	in a case where proceedings on

the issue and receipt of postal

ballot papers are taken together

by virtue of paragraph 2, the

counting officer;

(b)	in any other case, the

constituency returning officer, in

relation to an Assembly election,

or the counting officer, in

relation to the referendum;”.

Paragraph 2 (combination of

For paragraph 2 substitute—

polls)

“2	Combination of polls

Proceedings on the issue and receipt of postal

ballot papers in respect of the Assembly elections

and the referendum may, if the constituency

returning officer and the counting officer think

fit, be taken together.”

Paragraph 3 (form of postal

Omit the whole paragraph.

voting statement)

Paragraph 4 (regional

Omit the whole paragraph.

elections)

Paragraph 5 (persons entitled to

For “constituency returning officer” substitute “relevant

be present at proceedings on

returning or counting officer”.

issue of postal ballot papers)

Paragraph 6 (persons entitled to

For sub-paragraph (1) substitute—

be present at proceedings on

(1)	In a case where proceedings on the receipt of

receipt of postal ballot papers)

postal ballot papers are taken together by virtue

of paragraph 2, the only persons who may be

present at those proceedings are the appropriate

persons in relation to the Assembly elections and

the referendum.

(1A)	In any other case, the only persons who may be

present at the proceedings on the receipt of postal

ballot papers—

(a)	in respect of the Assembly elections, are

the appropriate persons in relation to

those elections;

(b)	in respect of the referendum, are the

appropriate persons in relation to the

referendum.

(1B)	The following are appropriate persons in relation

to the Assembly elections—

(a)	the constituency returning officer and his

clerks;

(b)	the regional returning officer;

(c)	the candidates;

(d)	the election agents;

(e)	any person appointed by a constituency

candidate to attend in his election agent’s

place;

(f)	any person appointed by an individual

candidate at the regional election to

attend in his election agent’s place;

(g)	any person appointed by the election

agent of a registered political party

standing nominated or by the registered

nominating officer of that party to attend

in the place of that party’s election agent

at the regional election;

(h)	any agents appointed under sub-

paragraph (2).

(1C)	The following are appropriate persons in relation

to the referendum—

(a)	the counting officer;

(b)	the counting officer’s clerks;

(c)	the referendum agents and any agents

appointed under sub-paragraph (2).

(1D)	This paragraph is without prejudice to section

6A, 6B, 6C, 6D or 6E of the 2000 Political Parties

Act.”

In sub-paragraphs (2) to (7), for “constituency returning

officer” (in each place) substitute “relevant returning or

counting officer”.

Omit sub-paragraph (4).

After sub-paragraph (7) insert—

“(7A)

In relation to the referendum, in sub-paragraph

(2), (3), (5) or (8) a reference to a candidate in a

constituency election is to be read as a reference

to a referendum agent.”

In sub-paragraph (9), for “the candidates or their agents”

substitute “any persons mentioned in sub-paragraphs

(1B)(c) to (h) or (1C)(c)”.

Paragraph 7 (notification of

For paragraph 7 substitute—

requirement of secrecy)

“7	Notification of requirements of secrecy

(1)	In a case where proceedings on the issue and

receipt of postal ballot papers are taken together

by virtue of paragraph 2, the counting officer

shall make such arrangements as he thinks fit to

ensure that every person attending the

proceedings in connection with the issue or

receipt of postal ballot papers has been given a

copy in writing of—

(a)	the provisions of article 35(4) and (6);

and

(b)	the provisions of subsections (4) and (6)

of section 66 of the 1983 Act as they

apply in relation to the referendum.

(2)	In any other case—

(a)	the constituency returning officer shall

make such arrangements as he thinks fit

to ensure that every person attending

proceedings in connection with the issue

or receipt of postal ballot papers for the

Assembly elections has been given a

copy in writing of the provisions of

article 35(4) and (6);

(b)	the counting officer shall make such

arrangements as he thinks fit to ensure

that every person attending proceedings

in connection with the issue or receipt of

postal ballot papers for the referendum

has been given a copy in writing of the

provisions of subsections (4) and (6) of

section 66 of the 1983 Act as they apply

to the referendum.”

Paragraph 8 (time when postal

In sub-paragraph (1), after “voting statement” insert “for

ballot papers are to be issued)

an Assembly election”.

After sub-paragraph (1) insert—

“(1A)

In the case of a person within entry 2, 3 or 4 of

the table in paragraph 5(2) of Schedule 3 to the

Parliamentary Voting System and

Constituencies Act 2010 or entry 2, 3 or 4 of

the table in paragraph 8(6) of that Schedule

(electors and proxies entitled to vote by post

for an indefinite or definite period), no postal

ballot paper and postal voting statement for the

referendum shall be issued until after 5 pm on

the eleventh day before the date of the poll

(computed in accordance with paragraph 7(6)

of Schedule 1 to this Order).”

In sub-paragraph (2), omit “by the constituency returning

officer”.

Paragraph 9 (procedure on

In sub-paragraph (2), omit “Where an elector is entitled

issue of postal ballot papers)

to give two votes”.

For sub-paragraph (5) substitute—

“(5)	Sub-paragraphs (5A) and (5B) apply where—

(a)	proceedings on the issue of postal ballot

papers are taken together by virtue of

paragraph 2; and

(b)	a combined postal voters list or proxy

postal voters list is produced by virtue of

paragraph 32 of Schedule [Combination

of polls: Wales] to the Parliamentary

Voting System and Constituencies Act

2010.

(5A)	In a case where a postal ballot paper is issued at

the same time in respect of the Assembly

elections and the referendum, a single mark must

be placed in the list under sub-paragraph (3).

(5B)	In any other case, a mark must be placed in the

list under sub-paragraph (3) identifying the poll

to which each postal ballot paper issued relates.

(5C)	Where proceedings on the issue of postal ballot

papers are taken together by virtue of paragraph

2, the number of each postal ballot paper issued

shall be marked on the postal voting statement

under paragraph (4).”

In sub-paragraph (6), for the words from the beginning to

“but” substitute “Where”.

In sub-paragraph (8)—

(a)	after “sub-paragraph (7)” insert “in relation to an

Assembly election”;

(b)	at the end insert—

“and, in relation to the referendum, the items

specified in sub-paragraph (7) must be sent to

the address to which postal ballot papers should

be sent as mentioned in column 3 of the table in

paragraph 5(2) or 8(6) of Schedule 3 to the

Parliamentary Voting System and Constituencies

Act 2010.”

Paragraph 10 (refusal to issue

For “constituency returning officer” substitute “relevant

postal ballot papers)

returning or counting officer”.

After “election” insert “or the referendum”.

Paragraph 11 (envelopes)

In sub-paragraph (1)—

(a)	for “constituency returning officer” substitute

“relevant returning or counting officer”;

(b)	after “Schedule 5” insert “or rule 11 of the

referendum rules”.

In sub-paragraph (2)—

(a)	for “constituency returning officer” substitute

“relevant returning or counting officer”;

(b)	in paragraph (c), at the beginning insert “unless

the envelope has a window through which the

number on the ballot paper (or ballot papers) can

be displayed,”.

In sub-paragraph (3), for the words from the beginning to

“but” substitute “Where”.

Paragraph 12 (sealing up of

In sub-paragraph (1), for “constituency returning officer”

completed corresponding

substitute “relevant returning or counting officer”.

number lists)

In sub-paragraph (2), for “returning officer” substitute

“relevant returning or counting officer”.

Paragraph 13 (delivery of

In sub-paragraph (1)—

postal ballot papers)

(a)	for “constituency returning officer” substitute

“relevant returning or counting officer”;

(b)	in paragraph (c), after “Schedule 5” insert “or

rule 13 of the referendum rules”.

In sub-paragraph (2), for “constituency returning officer”

substitute “relevant returning or counting officer”.

Paragraph 14 (spoilt postal

For “constituency returning officer” (in each place)

ballot papers)

substitute “relevant returning or counting officer”.

In sub-paragraph (2)(b), for “election” substitute “poll”.

Paragraph 15 (lost postal ballot

For “constituency returning officer” (in each place)

papers)

substitute “relevant returning or counting officer”.

In sub-paragraph (3)(b), for “election” substitute “poll”.

Paragraph 16 (notice of

In sub-paragraph (1)—

opening of postal ballot paper

(a)	for “constituency returning officer” substitute

envelopes)

“relevant returning or counting officer”;

(b)	for paragraphs (a) and (b) substitute “each of the

persons mentioned in sub-paragraph (1A)”.

After sub-paragraph (1) insert—

“(1A)

The persons are—

(a)	in relation to the constituency election,

the candidates;

(b)	in relation to the regional election, the

individual candidates and the election

agent for each registered party standing

nominated;

(c)	in relation to the referendum, the

referendum agents.”

In sub-paragraph (2)(b), after “party” insert “or

referendum agent (as the case may be)”.

Return of postal ballot papers

After paragraph 16 insert—

etc

“16A	Return of postal ballot papers etc

(1)	A postal ballot paper shall not be taken to be duly

returned for the purposes of Part 1 of Schedule

[Combination of polls: Wales] to the

Parliamentary Voting System and Constituencies

Act 2010 unless—

(a)	before the close of the poll—

(i)	it is returned by hand or post and

reaches the relevant returning or

counting officer; or

(ii)	it is returned by hand to a polling

station in the constituency or

voting area for which the officer

acts;

(b)	the postal voting statement duly signed

is, before that time, also returned

either—

(i)	by hand or post and reaches the

relevant returning or counting

officer; or

(ii)	by hand and reaches such a

polling station;

(c)	the postal voting statement also states the

date of birth of the elector or, as the case

may be, proxy; and

(d)	in a case where the relevant returning or

counting officer takes steps to verify the

date of birth and signature of the elector

or, as the case may be, proxy in

accordance with paragraph 23 or, as the

case may be, paragraph 24, he so verifies

the date of birth and signature of that

elector or, as the case may be, proxy.

(2)	The presiding officer of the polling station shall

deliver or cause to be delivered any postal ballot

paper or postal voting statement returned to that

polling station to the relevant returning or

counting officer in the same manner and at the

same time as he delivers, or causes to be

delivered, the packets referred to in rule 53 of

Schedule 5 or rule 37 of the referendum rules.

(3)	The relevant returning or counting officer may

collect, or cause to be collected, any postal ballot

paper or postal voting statement which by virtue

of sub-paragraph (2) the presiding officer of a

polling station would otherwise be required to

deliver or cause to be delivered to him.

(4)	Where the relevant returning or counting officer

collects, or causes to be collected, any postal

ballot paper or postal voting statement in

accordance with sub-paragraph (3) the presiding

officer shall first make it (or them) up into a

packet (or packets) sealed with his own seal and

the seals of such polling agents as are present and

desire to affix their seals.”

Paragraph 17 (postal ballot

For “constituency returning officer” (in each place)

boxes and receptacles)

substitute “relevant returning or counting officer”.

For sub-paragraph (2) substitute—

“(2)	Each of those ballot boxes—

(a)	shall be marked “postal voter’s ballot

box” or “postal ballot box” as

appropriate;

(b)	shall be marked with the name of each

constituency, electoral region or voting

area in relation to which it is to be used.”

In sub-paragraph (4), after “shall then” insert “lock the

ballot box (if it has a lock) and”.

Paragraph 18 (receipt of

In sub-paragraphs (1) and (2), for “constituency

covering envelope)

returning officer” substitute “relevant returning or

counting officer”.

Paragraph 19 (opening of

In sub-paragraphs (1) and (2), for “constituency

postal voters’ ballot box)

returning officer” substitute “relevant returning or

counting officer”.

In sub-paragraph (3), for “votes under rule 55 of the

Schedule 5” substitute “ballot papers”.

Paragraph 20 (opening of

For “constituency returning officer” (in each place)

covering envelopes)

substitute “relevant returning or counting officer”.

Paragraph 21 (confirming

For “constituency returning officer” (in each place)

receipt of postal voting

substitute “relevant returning or counting officer”.

statements)

In sub-paragraph (2)(a), for “returning officer” substitute

“relevant returning or counting officer”.

Paragraph 22 (procedure in

For “constituency returning officer” (in each place)

relation to postal voting

substitute “relevant returning or counting officer”.

statements)

After sub-paragraph (3) insert—

“(3A)

Before placing the statement in the receptacle for

rejected votes, the relevant returning or counting

officer shall show it to the agents and, if any of

them object to his decision, he shall add the

words “rejection objected to”.”

Paragraph 23 (procedure in

For “constituency returning officer” (in each place)

relation to postal voting

substitute “relevant returning or counting officer”.

statements: personal identifier

verification)

Paragraph 24 (postal voting

For “constituency returning officer” or “returning

statements: additional personal

officer” (in each place) substitute “relevant returning or

identifier verification)

counting officer”.

In sub-paragraph (4), for “reseal the postal ballot box”

substitute “lock the postal ballot box (if it has a lock) and

reseal it”.

Paragraph 25 (opening of ballot

In sub-paragraph (1), for “constituency returning officer”

paper envelopes)

substitute “relevant returning or counting officer”.

Paragraph 26 (retrieval of

In sub-paragraph (1), for “constituency returning officer”

cancelled postal ballot papers)

substitute “relevant returning or counting officer”.

In sub-paragraph (2)(f)—

(a)	for “votes under rule 55 of Schedule 5”

substitute “ballot papers”;

(b)	for “reseal the postal ballot box” substitute “lock

the postal ballot box (if it has a lock) and reseal

it”.

Paragraph 27 (list of rejected

In sub-paragraph (1), for “, the constituency returning

postal ballot papers)

officer” substitute “and in respect of the referendum, the

relevant returning or counting officer”.

Paragraph 28 (checking of lists

For “constituency returning officer” (in each place)

of rejected postal ballot papers)

substitute “the relevant returning or counting officer”.

In sub-paragraph (3), at the end insert “or voting area

under rule 37 of the referendum rules”.

Paragraph 29 (sealing of

In sub-paragraph (1), for “constituency returning officer”

receptacles)

substitute “the relevant returning or counting officer”.

Paragraph 30 (abandoned poll)

In sub-paragraph (2), for “election” substitute “poll”.

Paragraph 31 (forwarding or

In sub-paragraph (1)—

retention of documents)

(a)	for the words before sub-paragraph (a) substitute

“The relevant returning or counting officer shall

forward to the registration officer to whom he

forwards the documents mentioned in rule 67 of

Schedule 5 or rule 49 of the referendum rules, at

the same time as he forwards those documents”;

(b)	in paragraph (a), for the words from “the

election to which” to the end substitute “each

election or referendum and the area to which the

packet relates”;

(c)	in paragraph (b), at the end insert “in respect of

each Assembly election, and a completed

statement in the form set out in Form 10 in Part 3

of Schedule [Combination of polls: Wales] to the

Parliamentary Voting System and Constituencies

Act 2010 in respect of the referendum”.

In sub-paragraph (2)—

(a)	for “constituency returning officer” (in both

places) substitute “relevant returning or counting

officer”;

(b)	for “rule 55(7) of Schedule 5” substitute

“paragraph 16A(2)”.

In sub-paragraph (3), for “Rules 68 and 69 of Schedule

5” substitute “The rules specified in paragraph (3A)”.

After sub-paragraph (3) insert—

“(3A)

The rules are—

(a)	in a case where proceedings on the issue

and receipt of postal ballot papers are

taken together by virtue of paragraph 2—

(i)	rule 50 of the referendum rules

and rule 68 of Schedule 5, and

(ii)	rule 51 of the referendum rules;

(b)	in any other case—

(i)	rule 50 of the referendum rules

or (as the case may be) rule 68 of

Schedule 5, and

(ii)	rule 51 of the referendum rules

or (as the case may be) rule 69 of

Schedule 5.”

In sub-paragraph (4), for “constituency returning officer”

substitute “relevant returning or counting officer”.

In Schedule 10, Form CD

In a case 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,

for “returning officer” in each place substitute “counting

officer”.

---

Revised 20 October 2010