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Committee of the whole House: 20 October 2010            

686

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

(d)    

separate the referendum ballot papers, the constituency ballot papers

 

and the regional ballot papers.

 

      (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 Scottish parliamentary election—

 

(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 the Scottish parliamentary election may copy the

 

statement relating to that 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

 

47  (1)  

The counting officer must deliver or cause to be delivered to the constituency

 

returning officer the ballot papers for the Scottish parliamentary election.

 

      (2)  

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

 

constituency returning officer the packets of—

 

(a)    

the ballot paper accounts and the statements as to the result of the

 

verification of the ballot paper accounts for the Scottish parliamentary

 

election;

 

(b)    

the unused and spoilt ballot papers for that election;

 

(c)    

the tendered ballot papers for that election;

 

(d)    

the certificates as to employment on duty on the day of the poll for that

 

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 48(1).


 
 

Committee of the whole House: 20 October 2010            

687

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

      (4)  

If, in respect of the constituency poll or the regional poll, 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 poll 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

 

48(3).

 

Counting of votes

 

48  (1)  

The counting officer must count the votes given on the referendum ballot

 

papers, 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 are not

 

taken together by virtue of paragraph 2 of Schedule 4 to the 2007 Order, the

 

returning officer for the Scottish parliamentary election must count the duly

 

returned postal constituency ballot papers and the duly returned postal regional

 

ballot papers and record separately the number relating to each.

 

      (3)  

The constituency returning officer must count the votes given on the

 

constituency ballot papers and regional ballot papers, 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 Scottish parliamentary 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 49 apply instead of rule 55 of the Scottish

 

Parliamentary Election Rules.


 
 

Committee of the whole House: 20 October 2010            

688

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

Ballot papers placed in wrong ballot box

 

49         

Where separate ballot boxes are used for referendum ballot papers,

 

constituency ballot papers and regional ballot papers, the placing of a ballot

 

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

 

Declaration of result

 

Declaration

 

50         

The result of the referendum or the constituency or regional poll in the Scottish

 

parliamentary 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

 

51  (1)  

The counting officer may not open the sealed packets of—

 

(a)    

the completed corresponding number lists for the Scottish

 

parliamentary 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 the Scottish parliamentary election.

 

      (2)  

Rule 68(2) of the Scottish Parliamentary Election Rules has effect as if sub-

 

paragraphs (b) and (d) were omitted.

 

Delivery and retention of documents

 

52  (1)  

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

 

documents.

 

      (2)  

The specified documents are those specified in rule 69(1)(e), (f) and (h) of the

 

Scottish Parliamentary Election Rules.

 

      (3)  

Rule 70 of the Scottish Parliamentary Election Rules applies to the specified

 

documents as if references to the sheriff clerk were to the counting officer

 

retaining the documents under rule 49(1)(b) of the referendum rules.

 

      (4)  

Except for the purposes of this paragraph, rule 69 of the Scottish Parliamentary

 

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

 

documents.

 

      (5)  

Rule 70(8) of the Scottish Parliamentary Election Rules has effect as if for “by

 

this paragraph provided” there were substituted “provided by this paragraph

 

(or a court order)”.

 

Countermand or abandonment of poll on death of candidate

 

53  (1)  

Where under rule 72 of the Scottish Parliamentary Election Rules—

 

(a)    

notice of the constituency poll or the regional poll for the Scottish

 

parliamentary election is countermanded, or

 

(b)    

it is directed that the poll be abandoned,

 

            

the countermand or direction does not affect the other poll at the Scottish

 

parliamentary election or the poll for the referendum.

 

      (2)  

If a poll for the Scottish parliamentary election is abandoned because of a

 

candidate’s death—


 
 

Committee of the whole House: 20 October 2010            

689

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

(a)    

no further ballot papers at the abandoned poll must be delivered in any

 

polling station;

 

(b)    

at the close of the poll for the referendum the presiding officer must

 

comply with the requirements of rule 53 of the Scottish Parliamentary

 

Election Rules as if the poll had not been abandoned;

 

(c)    

the constituency returning officer must dispose of the ballot papers

 

used at the abandoned poll and other documents in the officer’s

 

possession as the officer would have been required to do on the

 

completion of the counting of the votes.

 

      (3)  

In a case falling within sub-paragraph (2)—

 

(a)    

a ballot paper account for the abandoned poll need not be prepared or

 

verified;

 

(b)    

the counting officer, having separated the referendum ballot papers,

 

constituency ballot papers and regional ballot papers, must take no

 

further step for the counting of the ballot papers used at the abandoned

 

poll (but must deliver them or cause them to be delivered to the

 

constituency returning officer under paragraph 47 together with the

 

other documents mentioned in that paragraph);

 

(c)    

the constituency returning officer must seal up the ballot papers used

 

at the abandoned poll whether the votes on them have been counted or

 

not;

 

(d)    

it is not necessary to seal up counted and rejected ballot papers used at

 

the abandoned poll in separate packets.

 

      (4)  

This paragraph applies instead of rule 72(8) of the Scottish Parliamentary

 

Election Rules.

 

Part 2

 

Application of provisions about issue and receipt of postal ballot papers

 

54  (1)  

For the purposes of the combined polls, Schedule 4 to the Scottish Parliament

 

(Elections etc.) Order 2007 (S.I. 2007/937) 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 Scottish parliamentary 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 (Scotland) Regulations 2001 (S.I. 2001/

 

497) 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 20A(4)

 

or 20B(3)(a) of Schedule 4 to the Scottish Parliament (Elections etc.)

 

Order 2007”;

 

(b)    

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

 

substituted “paragraph 28 of Schedule 4 to the Scottish Parliament

 

(Elections etc.) Order 2007”.


 
 

Committee of the whole House: 20 October 2010            

690

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

Provision

Modification

 
 

Paragraph 1 (interpretation)

For the definition of “agent” substitute—

 
  

““agent”, except in paragraph 5(3) to (9)—

 
  

(a)    

in relation to the 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

 
  

5(3).”

 
  

In the definition of “proxy postal voters list”, after

 
  

“article 12(7)” insert “or paragraph 8(6) of Schedule 3 to

 
  

the Parliamentary Voting System and Constituencies Act

 
  

2010”.

 
  

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;”;

 
  

““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 the election, or the

 
  

counting officer, in relation to

 
  

the referendum;”.

 
  

In the definition of “valid postal voting statement”, for

 
  

“constituency returning officer” substitute “relevant

 
  

returning or counting officer”.

 
 

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 Scottish

 
  

parliamentary election 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 (persons entitled to

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

 
 

be present at proceedings on

returning officer” substitute “relevant returning or

 
 

issue of postal ballot papers)

counting officer”.

 
 

Paragraph 5 (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 Scottish parliamentary

 
  

election 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 Scottish parliamentary

 
  

election, are the appropriate persons in

 
  

relation to the election;

 
  

(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 Scottish parliamentary election—

 
  

(a)    

the constituency returning officer and his

 
  

members of staff;

 
  

(b)    

the regional returning officer;

 
  

(c)    

a candidate for return as a constituency

 
  

member or an election agent of such a

 
  

candidate or any person appointed by a

 
  

candidate to attend in his election agent’s

 
  

place;

 
  

(d)    

an individual candidate for return as a

 
  

regional member or his election agent or

 
  

any person authorised by the candidate to

 
  

attend in his election agent’s place;

 
  

(e)    

the election agent of a registered party

 
  

standing nominated or the nominating

 
  

officer of that party or any person

 
  

authorised by that officer to attend in his

 
  

place;

 
  

(f)    

an agent appointed under sub-

 
  

paragraph (3).

 
  

(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 (3).

 
  

(1D)    

This paragraph is without prejudice to section

 
  

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

 
  

Act.”

 
  

In sub-paragraph (2)—

 
  

(a)    

for “constituency returning officer” substitute

 
  

“relevant returning or counting officer”;

 
  

(b)    

at the end insert “in relation to proceedings

 
  

under this Schedule”.

 
  

In sub-paragraphs (3) to (8), for “constituency returning

 
  

officer” substitute “relevant returning or counting

 
  

officer”.

 
  

Omit sub-paragraph (5).

 
  

After sub-paragraph (8) insert—

 
  

“(8A)    

In relation to the referendum, in sub-paragraph

 
  

(3), (4), (6) or (9) a reference to a candidate for

 
  

return as a constituency member is to be read as

 
  

a reference to a referendum agent.”

 
  

In sub-paragraph (10), for “the candidates or their

 
  

agents” substitute “any persons mentioned in sub-

 
  

paragraphs (1B)(c) to (f) or (1C)(c)”.

 
 

Paragraph 6 (notification of

For paragraph 6 substitute—

 
 

requirement of secrecy)

“6      

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 32(5) and (7);

 
  

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

 
  

Scottish parliamentary election has been

 
  

given a copy in writing of the provisions

 
  

of article 32(5) and (7);

 
  

(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 7 (time when postal

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

 
 

ballot papers are to be issued)

“for the Scottish parliamentary 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 no 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(7) of Schedule 3 to this Order).”

 
  

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

 
  

officer”.

 
 

Paragraph 8 (procedure on

In sub-paragraph (1), for “special lists kept under article

 
 

issue of postal ballot papers)

10(5)” substitute “postal voters list”.

 
  

For sub-paragraph (3) substitute—

 
  

“(3)    

Sub-paragraphs (3A) and (3B) 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 31 of Schedule [Combination

 
  

of polls: Scotland] to the Parliamentary

 
  

Voting System and Constituencies Act

 
  

2010.

 
  

(3A)    

In a case where a postal ballot paper is issued at

 
  

the same time in respect of the Scottish

 
  

parliamentary election and the referendum, a

 
  

single mark must be placed in the list under sub-

 
  

paragraph (1).

 
  

(3B)    

In any other case, a mark must be placed in the

 
  

list under sub-paragraph (1) identifying the poll

 
  

to which each postal ballot paper issued relates.

 
  

(3C)    

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 (2).”

 
  

In sub-paragraph (4), for the words from the beginning to

 
  

“but” substitute “Where”.

 
  

In sub-paragraph (5)—

 
  

(a)    

in paragraph (a), for “the special list kept under

 
  

article 10(5)(a)” substitute “the postal voters

 
  

list”;

 
  

(b)    

in paragraph (b), for “the special list kept under

 
  

article 10(5)(b)” substitute “the proxy postal

 
  

voters list”.

 
  

In sub-paragraph (6)—

 
  

(a)    

after “sub-paragraph (5)” insert “in relation to a

 
  

Scottish parliamentary election”;

 
  

(b)    

at the end insert—

 
  

    

“and, in relation to the referendum, the items

 
  

specified in sub-paragraph (5) 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 9 (refusal to issue

For paragraph 9 substitute—

 
 

postal ballot papers)

“9      

Refusal to issue ballot papers

 
  

Where the relevant returning or counting officer

 
  

is satisfied that two or more entries in either the

 
  

postal voters list, or the proxy postal voters list, or

 
  

in each of those lists relate to the same elector he

 
  

shall not issue more than one constituency ballot

 
  

paper, regional ballot paper or referendum ballot

 
  

paper (as the case may be) in respect of the same

 
  

elector.”

 
 

Paragraph 10 (envelopes)

In sub-paragraph (1)—

 
  

(a)    

for “constituency returning officer” substitute

 
  

“relevant returning or counting officer”;

 
  

(b)    

after “Rules” 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 11 (delivery of

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

 
 

postal ballot papers)

returning officer” substitute “relevant returning or

 
  

counting officer”.

 
 

Paragraph 12 (security of

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

 
 

marked lists)

returning officer” substitute “relevant returning or

 
  

counting officer”.

 
 

Paragraph 13 (spoilt postal

For “constituency returning officer” (in each place)

 
 

ballot papers)

substitute “relevant returning or counting officer”.

 
 

Paragraph 14 (lost postal ballot

For “constituency returning officer” (in each place)

 
 

papers)

substitute “relevant returning or counting officer”.

 
 

Paragraph 15 (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 Scottish parliamentary

 
  

election, each candidate for return as a

 
  

constituency member, each individual

 
  

candidate for return as a regional

 
  

member and the election agent for each

 
  

registered party standing nominated;

 
  

(b)    

in relation to the referendum, the

 
  

referendum agents.”

 
  

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

 
  

referendum agent (as the case may be)”.

 
 

Return of postal ballot papers

After paragraph 15 insert—

 
 

etc

“15A  

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: Scotland] 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 20A or, as the

 
  

case may be, paragraph 20B, 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 2 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 16 (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 area or voting

 
  

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

 
  

In sub-paragraph (4), after “lock the ballot box” insert

 
  

“(if it has a lock)”.

 
 

Paragraph 17 (receipt of

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

 
 

covering envelope)

returning officer” substitute “relevant returning or

 
  

counting officer”.

 
  

Omit sub-paragraphs (3) and (4).

 
 

Paragraph 18 (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

 
  

Scottish Parliamentary Election Rules” substitute “ballot

 
  

papers”.

 
 

Paragraph 19 (opening of

For “constituency returning officer” (in each place)

 
 

covering envelopes)

substitute “relevant returning or counting officer”.

 
  

In sub-paragraph (7), for “or (3)(a)” substitute “, (3A) or

 
  

(3B)”.

 
 

Paragraph 20 (procedure in

For “constituency returning officer” (in each place)

 
 

relation to postal voting

substitute “relevant returning or counting officer”.

 
 

statements)

  
 

Paragraph 20A (procedure in

For “constituency returning officer” (in each place)

 
 

relation to postal voting

substitute “relevant returning or counting officer”.

 
 

statements: personal identifier

  
 

verification)

  
 

Paragraph 20B (postal voting

For “constituency returning officer” (in each place)

 
 

statements: additional personal

substitute “relevant returning or counting officer”.

 
 

identifier verification)

  
  

In sub-paragraph (4), for “lock and reseal the postal

 
  

ballot box” substitute “lock the postal ballot box (if it has

 
  

a lock), and reseal it,”.

 
 

Paragraph 21 (opening of ballot

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

 
 

paper envelopes)

substitute “relevant returning or counting officer”.

 
 

Paragraph 22 (retrieval of

In sub-paragraphs (1) and (3), for “returning officer”

 
 

cancelled postal ballot papers)

substitute “relevant returning or counting officer”.

 
  

In sub-paragraph (2)(f), for “votes under rule 55 of the

 
  

Scottish Parliamentary Election Rules” substitute “ballot

 
  

papers”.

 
 

Paragraph 23 (lists of rejected

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

 
 

postal ballot papers)

returning officer” substitute “the Scottish parliamentary

 
  

election and in respect of the referendum, the relevant

 
  

returning or counting officer”.

 
 

Paragraph 24 (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 25 (confirming

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

 
 

receipt of postal votes and

returning officer” substitute “the relevant returning or

 
 

postal voting statements)

counting officer”.

 
 

Paragraph 26 (sealing of

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

 
 

receptacles)

substitute “the relevant returning or counting officer”.

 
 

Paragraph 27 (abandoned poll)

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

 
 

Paragraph 28 (forwarding or

At the beginning insert—

 
 

retention of documents)

“(A1)    

Where proceedings on the issue and receipt of

 
  

postal ballot papers are taken together by virtue

 
  

of paragraph 2, the counting officer shall—

 
  

(a)    

endorse on each packet referred to in

 
  

paragraphs 12, 13(7), 14(5), 19(8) and

 
  

26, subject to paragraph 27, a description

 
  

of its contents, the date of the election or

 
  

referendum and the area to which it

 
  

relates;

 
  

(b)    

complete a statement, in form W set out

 
  

in the Appendix, of the number of postal

 
  

ballot papers issued in respect of the

 
  

election;

 
  

(c)    

complete a statement, in the form set out

 
  

in Form 10 in Part 3 of Schedule

 
  

[Combination of polls: Scotland] to the

 
  

Parliamentary Voting System and

 
  

Constituencies Act 2010, of the number

 
  

of postal ballot papers issued in respect

 
  

of the referendum;

 
  

(d)    

retain the packets and the statements.

 
  

(A2)    

Where proceedings on the issue and receipt of

 
  

postal ballot papers are not taken together by

 
  

virtue of paragraph 2—

 
  

(a)    

sub-paragraph (A3) applies in relation to

 
  

documents that relate to the referendum;

 
  

(b)    

sub-paragraph (1) applies in relation to

 
  

documents that relate to the Scottish

 
  

parliamentary election.

 
  

(A3)    

The counting officer shall—

 
  

(a)    

endorse on each packet referred to in

 
  

paragraphs 12, 13(7), 14(5), 19(8) and 26

 
  

a description of its contents, the date of

 
  

the referendum and the voting area to

 
  

which it relates;

 
  

(b)    

complete a statement, in the form set out

 
  

in Form 10 in Part 3 of Schedule

 
  

[Combination of polls: Scotland] to the

 
  

Parliamentary Voting System and

 
  

Constituencies Act 2010, of the number

 
  

of postal ballot papers issued;

 
  

(c)    

retain the packets and the statement.”

 
  

In sub-paragraph (2)—

 
  

(a)    

in paragraph (a), for “Rule 53(1)(g) of the

 
  

Scottish Parliamentary Election Rules”

 
  

substitute “paragraph 15A”;

 
  

(b)    

for “constituency returning officer” substitute

 
  

“relevant returning or counting officer”;

 
  

(c)    

for the words after “seal up such packet and

 
  

endorse” substitute “and deal with it in the

 
  

manner described in sub-paragraph (A1), (A3)

 
  

or (1) (as appropriate)”.

 
  

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

 
  

Scottish Parliamentary Elections Rules” substitute “The

 
  

rules specified in sub-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 70 of the Scottish

 
  

Parliamentary Elections Rules,

 
  

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 70 of

 
  

the Scottish Parliamentary

 
  

Elections Rules, and

 
  

(ii)    

rule 51 of the referendum rules

 
  

or (as the case may be) rule 71 of

 
  

the Scottish Parliamentary

 
  

Elections Rules.”

 
  

In sub-paragraph (4)—

 
  

(a)    

for “sub-paragraph (1)(b)” substitute “sub-

 
  

paragraph (A1)(b) or (c), (A3)(b) or (1)(b)”;

 
  

(b)    

for “constituency returning officer” substitute

 
  

“relevant returning or counting officer”.

 
 

In the Appendix, form W

In a case where proceedings on the issue and receipt of

 
  

postal ballot papers are taken together by virtue of

 
  

paragraph 2 of Schedule 4 to the Scottish Parliamentary

 
  

Election Order—

 
  

(a)    

for “Returning Officer” or “Constituency

 
  

Returning Officer”, in each place, substitute

 
  

“Counting Officer”;

 
  

(b)    

omit the Note.

 

 
 

Committee of the whole House: 20 October 2010            

691

 

Parliamentary Voting System and Constituencies Bill, continued


 
 

Committee of the whole House: 20 October 2010            

692

 

Parliamentary Voting System and Constituencies Bill, continued


 
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