House of Commons Amendments

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Committee of the whole House: 20 October 2010
714

Parliamentary Voting System and Constituencies Bill, continued

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

agent for a relevant election (except where one or other is specified);

“local election” has the meaning given in section 130(1) of the Electoral

Law Act (Northern Ireland) 1962;

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

Electoral Law Act (Northern Ireland) 1962.

Cost of combined polls

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

to the referendum or to a particular relevant election), and any cost attributable

to their combination, is to be apportioned equally among them.

Publication of statement of persons nominated

4    (1)
The statement of persons nominated at the relevant elections must be published

by not later than the 15th day before the date of the poll.

      (2)
The timetables set out in the following provisions are to be read with whatever

modifications are necessary to give effect to sub-paragraph (1)—

(a)
rule 1 of the Assembly Elections Rules;

(b)
rule 1 of the Local Elections Rules.

Directions by Chief Counting Officer to Chief Electoral Officer

5    (1)
The reference in paragraph 3(5)(a) of Schedule 1 to a counting officer’s

functions includes (subject to sub-paragraph (5)) the functions of the Chief

Electoral Officer that are conferred by—

(a)
the relevant provisions of the Assembly Elections Rules;

(b)
the relevant provisions of the Local Elections Rules;

(c)
paragraph 32(1), (2)(b) and (6) below.

      (2)
The reference in paragraph 3(5)(b) of that Schedule to information that a

counting officer has or is entitled to have includes information that the Chief

Electoral Officer has, or is entitled to have, by virtue of exercising those

functions.

      (3)
The relevant provisions of the Assembly Elections Rules are—

(a)
rule 19A (corresponding number list);

(b)
rule 23(2) (notice of situation of polling stations etc);

(c)
rule 24 (postal ballot papers);

(d)
rule 25 (provision of polling stations);

(e)
in rule 26 (appointment of presiding officers and clerks), paragraph (1)

to the extent that it concerns the appointment of presiding officers and

clerks to assist them, and paragraph (2);

(f)
rule 29 (equipment of polling stations);

(g)
rule 31(a) (notification of requirement of secrecy at polling stations);

(h)
rule 31A (return of postal ballot papers);

(i)
rule 32(3) (certificate as to employment);

(j)
rule 33(2)(b) (authorisation to remove person from polling station).

      (4)
The relevant provisions of the Local Elections Rules are—

(a)
rule 20(2) (notice of situation of polling stations etc);

(b)
rule 21 (postal ballot papers);

(c)
rule 22 (provision of polling stations);

Committee of the whole House: 20 October 2010
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Parliamentary Voting System and Constituencies Bill, continued

(d)
in rule 23 (appointment of presiding officers and clerks), paragraph (1)

to the extent that it concerns the appointment of presiding officers and

clerks to assist them, and paragraph (2);

(e)
rule 26 (equipment of polling stations);

(f)
rule 28(a) (notification of requirement of secrecy at polling stations);

(g)
rule 29(3) (certificate as to employment);

(h)
rule 30(2)(b) (authorisation to remove person from polling station).

      (5)
Functions of the Chief Electoral Officer conferred by—

(a)
rule 19A of the Assembly Elections Rules to the extent that it relates

to ballot papers issued in pursuance of rule 24(1) of those rules,

(b)
rule 24 or 31A of the Assembly Elections Rules,

(c)
rule 21 of the Local Elections Rules, or

(d)
paragraph 32(2)(b) below,


fall within sub-paragraph (1) only where the Chief Electoral Officer decides

that the proceedings on the issue and receipt of postal ballot papers in respect

of the referendum and the relevant elections are to be taken together.

Forms

6
Forms 2, 3, 5 and 6 in Part 2 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 the Chief Electoral Officer decides that the

proceedings on the issue and receipt of postal ballot papers in respect of the

referendum and the relevant elections are to be taken together.

      (2)
If the Chief Electoral Officer thinks fit, the lists to be 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 19A of the Assembly Elections Rules;

      (3)
In that case, this paragraph applies instead of—

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

(b)
rule 19A(2) of the Assembly Elections Rules.

8    (1)
This paragraph applies where the Chief Electoral Officer decides that the

proceedings on the issue and receipt of postal ballot papers in respect of the

referendum and the relevant elections are not to be taken together.

      (2)
If the Chief Electoral Officer thinks fit, the officer may prepare a single 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 29(1) of the Assembly Elections Rules.

      (3)
The list must be in the form set out in Form 1 in Part 2 of this Schedule.

      (4)
If a list is prepared in relation to ballot papers under this paragraph, the list

prepared under the following provisions must not include details relating to

those ballot papers—

(a)
rule 6 of the referendum rules;

(b)
rule 19A of the Assembly Elections Rules.

Committee of the whole House: 20 October 2010
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Parliamentary Voting System and Constituencies Bill, continued

      (5)
A reference in an enactment to a list prepared under a provision mentioned in

sub-paragraph (4) has effect, in so far as it relates to ballot papers to be

provided in pursuance of the provisions mentioned in sub-paragraph (2), as a

reference to the list prepared under this paragraph.

Notice of polling stations

9    (1)
The notice given under rule 10(3) of the referendum rules must—

(a)
state that the poll for the referendum is to be taken together with the

poll for the relevant elections, and

(b)
specify the constituency or district council for which each relevant

election is to be held.

      (2)
The notice given under rule 23(2) of the Assembly Elections Rules must—

(a)
state that the poll for the Assembly election is to be taken together with

the poll for the referendum, and

(b)
state that the poll for the Assembly election is to be taken together with

the poll for a local election, specifying the relevant district council.

      (3)
The notice given under rule 20(2) of the Local Elections Rules must—

(a)
state that the poll for the local election is to be taken together with the

poll for the referendum, and

(b)
state that the poll for the local election is to be taken together with the

poll for an Assembly election, specifying the relevant constituency.

Declarations of identity

10  (1)
This paragraph applies where the Chief Electoral Officer decides that the

proceedings on the issue and receipt of postal ballot papers in respect of the

referendum and the relevant elections are to be taken together.

      (2)
The declaration of identity to be issued to those entitled to vote by post in the

referendum and in the relevant elections must be in the form set out in Form 2

in Part 2 of this Schedule.

      (3)
Where that form is used, this paragraph applies instead of any requirement in

the following provisions for a declaration of identity to be in a particular form.

      (4)
The provisions are—

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

(b)
rule 24(1)(c) of the Assembly Elections Rules;

(c)
rule 21(1) of the Local Elections Rules.

11  (1)
This paragraph applies where the Chief Electoral Officer decides that the

proceedings on the issue and receipt of postal ballot papers in respect of the

referendum and the relevant elections are not to be taken together.

      (2)
The declaration of identity 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 2 of this Schedule.

      (3)
This paragraph applies instead of the requirement in rule 11(1)(c) of the

referendum rules for a declaration of identity to be in a particular form.

Colour of ballot papers

12
The ballot papers used for the referendum and for each relevant election must

be of a different colour.

Polling stations

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

Committee of the whole House: 20 October 2010
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Parliamentary Voting System and Constituencies Bill, continued

Official poll cards

14  (1)
If the Chief Electoral Officer thinks fit, the official poll cards used for the

referendum and the relevant elections may be combined.

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

referendum and relevant elections must be adapted in whatever manner seems

necessary.

Ballot boxes

15  (1)
If the Chief Electoral Officer thinks fit, the same ballot box may be used at the

polls for the referendum and the relevant elections.

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

(a)
the poll to which it relates, and

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

Form of corresponding number lists provided to polling stations

16  (1)
If the Chief Electoral Officer thinks fit, the lists to be provided under the

following provisions may be combined in the form set out in Form 4 in Part 2

of this Schedule—

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

(b)
rule 29(3)(e) of the Assembly Elections Rules.

      (2)
In that case, this paragraph applies instead of the second sentence in rule 16(3)

of the referendum rules.

Ballot paper displayed in polling stations

17  (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 29(3A)(a) of the Assembly Elections Rules must be of the same colour as

the ballot papers to be used for the Assembly election.

      (3)
The large version of the ballot paper displayed inside the polling station under

rule 26(3A)(a) of the Local Elections Rules must be of the same colour as the

ballot papers to be used for the local election.

Guidance to be exhibited outside and inside polling stations

18  (1)
Rule 16 of the referendum rules has effect as if—

(a)
in paragraph (6), for “inside and outside every polling station” there

were substituted “outside every polling station and in every

compartment of every polling station”, and

(b)
paragraph (7) were omitted.

      (2)
Rule 29 of the Assembly Elections Rules has effect as if—

(a)
in paragraph (4), for “inside and outside every polling station” there

were substituted “outside every polling station and in every

compartment of every polling station”, and

(b)
paragraph (5) were omitted.

      (3)
The notice referred to in rule 29(4) of the Assembly Elections Rules or rule

26(4) of the Local Elections Rules—

(a)
must clearly indicate the election to which it relates, and

Committee of the whole House: 20 October 2010
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Parliamentary Voting System and Constituencies Bill, continued

(b)
must be on paper of the same colour as the ballot papers used for the

election to which it relates,


and the notice referred to in rule 16(6) of the referendum rules must be on paper

of the same colour as the ballot papers used for the referendum.

      (4)
If the Chief Electoral Officer thinks fit, a notice in the form set out in Form 5

in Part 2 of this Schedule, giving directions for the guidance of voters in

voting—

(a)
must be printed in conspicuous characters;

(b)
must be exhibited outside every polling station and in every

compartment of every polling station.

      (5)
In that case, paragraph (4) applies instead of—

(a)
paragraphs (1) to (3);

(b)
rule 16(6) and (7) of the referendum rules;

(c)
rule 29(4) and (5) of the Assembly Elections Rules;

(d)
rule 26(4) of the Local Elections Rules.

The poll

Admission to the polling station

19  (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 any relevant election if the poll for that election were held on its own.

      (2)
Rule 32(1) of the Assembly Elections Rules has effect as if the persons listed

there included—

(a)
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, and

(b)
persons who would be entitled to be admitted to the polling station for

the local election if the poll for that election were held on its own.

      (3)
Rule 29(1) of the Local Elections Rules has effect as if the persons listed there

included—

(a)
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, and

(b)
persons who would be entitled to be admitted to the polling station for

the Assembly election if the poll for that election were held on its own.

Questions to be put to voters

20  (1)
Rule 35 of the Assembly Elections Rules has effect as if, in the questions in

entries 1, 2 and 4 of the table in paragraph (1), after “at this” (in each place)

there were inserted “Assembly”.

      (2)
Rule 32 of the Local Elections Rules has effect as if, in paragraphs (1) and (2),

after “at this” (in each place) there were inserted “local”.

Voting procedure: copies of registers and lists of proxies

21  (1)
If the Chief Electoral 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 relevant elections—

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

(b)
rule 37(1) of the Assembly Elections Rules;

(c)
rule 34(1) of the Local Elections Rules.

Committee of the whole House: 20 October 2010
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Parliamentary Voting System and Constituencies Bill, continued

      (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 and the relevant elections, 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,

(b)
rule 37(1)(d) of the Assembly Elections Rules, and

(c)
rule 34(1)(d) of the Local 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 13BA(9) 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.

22  (1)
If the Chief Electoral Officer thinks fit, he or she may require the relevant

registration officer to produce a combined list of proxies for the referendum

and the relevant 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 relevant 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 37(1)(e) of the Assembly Elections Rules;

(c)
rule 34(1)(e) of the Local Elections Rules.

List of votes marked by presiding officer

23  (1)
If the Chief Electoral Officer thinks fit, a single list of votes marked by the

presiding officer may be used for the purposes of the referendum and the

relevant elections.

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

relevant election the entry must—

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

(b)
identify any relevant election to which it relates.

      (3)
In this paragraph “list of votes marked by the presiding officer” means a list

compiled under—

(a)
rule 29(4) of the referendum rules,

(b)
rule 38(2) of the Assembly Elections rules, or

(c)
rule 35(3) of the Local Elections Rules.

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

24  (1)
A declaration made by the companion of a voter with disabilities must be in

the form set out in Form 6 in Part 2 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—

Committee of the whole House: 20 October 2010
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Parliamentary Voting System and Constituencies Bill, continued

(a)
rule 30 of the referendum rules,

(b)
rule 39 of the Assembly Elections Rules, or

(c)
rule 36 of the Local Elections Rules.

      (3)
This paragraph applies instead of—

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

(b)
rule 39(5)(a) of the Assembly Elections Rules;

(c)
rule 36(5)(a) of the Local Rules.

List of voters with disabilities assisted by companions

25  (1)
If the Chief Electoral Officer thinks fit, a single list of voters with disabilities

assisted by companions may be used for the purposes of the referendum and

the relevant elections.

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

relevant election the entry must—

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

(b)
identify any relevant election to which it relates.

      (3)
In this paragraph “list of voters with disabilities assisted by companions”

means a list compiled under—

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

(b)
rule 39(4) of the Assembly Elections Rules, or

(c)
rule 36(4) of the Local Elections Rules.

Tendered votes list

26  (1)
If the Chief Electoral Officer thinks fit, a single tendered votes list may be used

for the purposes of the referendum and the relevant elections.

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

relevant election the entry must—

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

(b)
identify any relevant election to which it relates.

      (3)
In this paragraph “tendered votes list” means a list compiled under—

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

(b)
rule 40(3) of the Assembly Elections Rules, or

(c)
rule 37(6) of the Local Elections Rules.

Lists relating to correction of errors on day of poll

27  (1)
If the Chief Electoral Officer thinks fit, a single list of persons to whom ballot

papers are delivered in consequence of late alterations to the register may be

used for the purposes of the referendum and the relevant elections.

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

relevant election the entry must—

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

(b)
identify any relevant election to which it relates.

      (3)
In this paragraph “list of persons to whom ballot papers are delivered in

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

(a)
rule 35 of the referendum rules,

(b)
rule 41B of the Assembly Elections Rules, or

(c)
rule 39A of the Local Elections Rules.



© Parliamentary copyright 2010	Revised 20 October 2010