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Committee of the whole House: 25 October 2010            

752

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

publish a summary of the main points and the Assistant Commissioner’s own

 

recommendations to the Boundary Commission.’.

 


 

Commencement: Wales

 

Susan Elan Jones

 

NC12

 

To move the following Clause:—

 

‘Notwithstanding any provision of this or any other Act, there shall be no change

 

to the number of boundaries or constituencies in Wales unless the Assembly Act

 

provisions as defined in Part 4 of the Government of Wales Act 2006 have come

 

into force.’.

 


 

Candidates at general elections to the National Assembly for Wales

 

Jonathan Edwards

 

Hywel Williams

 

Mr Elfyn Llwyd

 

Mr Mark Williams

 

Roger Williams

 

NC17

 

To move the following Clause:—

 

‘In section 7 of the Government of Wales Act 2006 (Candidates at general

 

elections), subsections 5 (c) and 6 (c) are repealed.’.

 


 

Overseas constituency

 

Andrew Rosindell

 

Andrew Percy

 

Mr Graham Brady

 

NC18

 

To move the following Clause:—

 

‘(1)    

The 1986 Act after section 1(1) there is inserted—

 

“(1A)    

There shall for the purposes of paraliamentary elections be a constituency

 

named the Overseas constituency, returning a single member, for British

 

subjects of Overseas Territories and Crown Dependencies who have

 

expressed a wish to participate in United Kingdom parliamentary

 

elections.


 
 

Committee of the whole House: 25 October 2010            

753

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

(1B)    

A Boundary Commission may make a report under section 3 of this Act

 

(Reports of the Boundary Commissions) if in its view the number of

 

members to be elected from the Overseas constituency should increase,

 

in which case references in that section to “the part of the United

 

Kingdom” should be disregarded.

 

(1C)    

If a Boundary Commission mades a report under subsection (1B) of this

 

Act, sections 3A (Reviews and proposed recommendations by Boundary

 

Commissions), 4 (Orders in Council) and 5 (Notices) of this Act apply to

 

that report.

 

(1D)    

Entitlement to vote in the Overseas constituency must be based on the

 

register prepared under section (2)(1A) of the Parliamentary Voting

 

System and Constituencies Act 2010.”.’.

 


 

New Schedules

 

The Deputy Prime Minister

 

NS2

 

To move the following Schedule:—

 

‘Combination of polls: England

 

Part 1

 

Provision about combination

 

General provisions

 

Interpretation

 

1    (1)  

An election or local referendum the poll for which is, under section

 

[Combination of polls](1), to be taken together with the poll for the referendum

 

under section 1 is referred to in this Schedule as a “relevant election”.

 

      (2)  

The polls to be taken together are referred to in this Schedule as “combined

 

polls”.

 

      (3)  

In relation to a local referendum, expressions used in this Part of this Schedule

 

are to be construed in accordance with the following table.

 

Expression

Meaning

 
 

“Counting agent”

Counting observer as defined by

 
  

regulation 2(1) of the Local Authorities

 
  

(Conduct of Referendums) (England)

 
  

Regulations 2007 (S.I. 2007/2089).

 
 

“Election agent”

Counting observer as defined by that

 
  

regulation.

 
 

“Polling agent”

Polling observer as defined by that

 
  

regulation.

 
 

“Returning officer”

Counting officer as defined by that

 
  

regulation.

 
 

“Elector”

Voter as defined by rule 2(1) of the Local

 
  

Referendums (Combination of Polls) Rules.

 

 
 

Committee of the whole House: 25 October 2010            

754

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

2          

In this Schedule—

 

“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 authority” means—

 

(e)    

a county council in England;

 

(f)    

a district council;

 

(g)    

a London borough council;

 

(h)    

a parish council;

 

“Local Elections (Combination of Polls) Rules” means the rules set out in

 

Schedule 3 to the Local Elections (Principal Areas) (England and Wales)

 

Rules 2006 (S.I. 2006/3304);

 

“local referendum” means a referendum held in England under Part 2 of the

 

Local Government Act 2000;

 

“Local Referendums (Combination of Polls) Rules” means the rules set out

 

in Schedule 5 to the Local Authorities (Conduct of Referendums)

 

(England) Regulations 2007 (S.I. 2007/2089);

 

“Mayoral Elections (Combination of Polls) Rules” means the rules set out

 

in Schedule 3 to the Local Authorities (Mayoral Elections) (England and

 

Wales) Regulations 2007 (S.I. 2007/1024);

 

“Parish Elections (Combination of Polls) Rules” means the rules set out in

 

Schedule 3 to the Local Elections (Parishes and Communities) (England

 

and Wales) Rules 2006 (S.I. 2006/3305).

 

Functions to be performed by counting officer

 

3    (1)  

The specified functions of a returning officer for a relevant election are to be

 

carried out instead by the counting officer for the voting area in which the

 

relevant election is to be held.

 

      (2)  

The specified functions are those specified in regulation 5 of the

 

Representation of the People (Combination of Polls) (England and Wales)

 

Regulations 2004 (S.I. 2004/294) (so far as relating to relevant elections).

 

      (3)  

This paragraph applies instead of regulation 4 of those regulations so far as it

 

relates to the functions of returning officers.

 

Attendance and conduct of observers

 

4          

Section 6E of the 2000 Act has effect as if for subsection (4) there were

 

substituted—

 

“(4)    

A relevant officer is—

 

(a)    

in the case of proceedings at a polling station, the presiding

 

officer;

 

(b)    

in the case of any other proceedings at the issue or receipt of

 

postal ballot papers, the relevant returning or counting officer

 

within the meaning of regulation 64 of the Representation of

 

the People (England and Wales) Regulations 2001 (S.I. 2001/

 

341);


 
 

Committee of the whole House: 25 October 2010            

755

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

(c)    

in the case of any proceedings at the counting of votes, the

 

counting or returning officer responsible for counting the

 

votes under paragraph 44(1) or (3) of Schedule [Combination

 

of polls: England] to the Parliamentary Voting System and

 

Constituencies Act 2010;

 

(d)    

in the case of any proceedings not mentioned in paragraph (a),

 

(b) or (c), the counting officer for the referendum on the

 

voting system for United Kingdom parliamentary elections;

 

(e)    

such other person as a person mentioned in paragraph (a), (b),

 

(c) or (d) authorises for the purposes of the proceedings

 

mentioned in that paragraph.”

 

Cost of combined polls

 

5          

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.

 

6    (1)  

In section 36 of the 1983 Act (local authority elections), subsections (4), (5)

 

and (6) apply—

 

(a)    

as if a reference to a returning officer included a reference to a

 

counting officer carrying out functions that, but for this Schedule,

 

would be exercisable by a returning officer (“transferred functions”),

 

and

 

(b)    

as if, in relation to that counting officer, a reference to expenditure or

 

expenses were to expenditure or expenses in respect of transferred

 

functions.

 

      (2)  

In fixing a scale under subsection (4) or (5) of that section a local authority may

 

include special provision in respect of expenditure incurred by a counting

 

officer in carrying out transferred functions (including expenditure incurred in

 

respect of the remuneration of presiding officers or clerks).

 

Application of other provisions about combination of polls

 

7    (1)  

The following regulations have effect as if a reference to “a relevant election

 

or referendum” included a reference to the referendum under section 1.

 

      (2)  

The regulations are—

 

(a)    

the Local Elections (Principal Areas) (England and Wales) Rules

 

2006;

 

(b)    

the Local Elections (Parishes and Communities) (England and Wales)

 

Rules 2006;

 

(c)    

the Local Authorities (Conduct of Referendums) (England)

 

Regulations 2007;

 

(d)    

the Local Authorities (Mayoral Elections) (England and Wales)

 

Regulations 2007.

 

      (3)  

In relation to the referendum, expressions used in the regulations are to be

 

construed in accordance with the following table.

 

Expression

Meaning

 
 

“Counting agent”

Counting agent appointed under

 
  

rule 17 of the referendum rules.

 
 

“Election agent”

Counting agent appointed under

 
  

rule 17 of the referendum rules.

 
 

“Polling agent”

Polling agent appointed under

 
  

rule 17 of the referendum rules.

 
 

“Voting area”

Voting area as defined by section

 
  

5.

 

 
 

Committee of the whole House: 25 October 2010            

756

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

Forms

 

8          

Forms 2, 3, 5, 6 and 8 in Part 3 of this Schedule are “relevant forms” for the

 

purposes of rule 9A of the referendum rules.

 

Action to be taken before poll

 

Corresponding number lists

 

9    (1)  

This paragraph applies where proceedings on the issue and receipt of postal

 

ballot papers are taken together by virtue of regulation 65 of the Representation

 

of the People (England and Wales) Regulations 2001.

 

      (2)  

If the counting 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 3 of this

 

Schedule—

 

(a)    

rule 6 of the referendum rules;

 

(b)    

rule 17 of the Local Elections (Combination of Polls) Rules;

 

(c)    

rule 17 of the Parish Elections (Combination of Polls) Rules;

 

(d)    

rule 8 of the Local Referendums (Combination of Polls) Rules;

 

(e)    

rule 19 of the Mayoral Elections (Combination of Polls) Rules.

 

      (3)  

In that case, this paragraph applies instead of—

 

(a)    

rule 6(2) of the referendum rules;

 

(b)    

rule 17(2) of the Local Elections (Combination of Polls) Rules;

 

(c)    

rule 17(2) of the Parish Elections (Combination of Polls) Rules;

 

(d)    

rule 8(3) of the Local Referendums (Combination of Polls) Rules;

 

(e)    

rule 19(2) of the Mayoral Elections (Combination of Polls) Rules.

 

10  (1)  

This paragraph applies where proceedings on the issue and receipt of postal

 

ballot papers are not taken together by virtue of regulation 65 of the

 

Representation of the People (England and Wales) Regulations 2001.

 

      (2)  

If the counting 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 26(1) of the Local Elections (Combination of Polls) Rules;

 

(c)    

rule 26(1) of the Parish Elections (Combination of Polls) Rules;

 

(d)    

rule 17(1) of the Local Referendums (Combination of Polls) Rules;

 

(e)    

rule 28 of the Mayoral Elections (Combination of Polls) Rules.

 

      (3)  

The list must be in the form set out in Form 1 in Part 3 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 17 of the Local Elections (Combination of Polls) Rules;


 
 

Committee of the whole House: 25 October 2010            

757

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

(c)    

rule 17 of the Parish Elections (Combination of Polls) Rules;

 

(d)    

rule 8 of the Local Referendums (Combination of Polls) Rules;

 

(e)    

rule 19 of the Mayoral Elections (Combination of Polls) Rules.

 

      (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 poll

 

11  (1)  

The notice of the poll for each relevant election 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 Local Elections (Combination of Polls) Rules;

 

(b)    

rule 1 of the Parish Elections (Combination of Polls) Rules;

 

(c)    

rule 3 of the Local Referendums (Combination of Polls) Rules;

 

(d)    

rule 3 the Mayoral Elections (Combination of Polls) Rules.

 

      (3)  

Sub-paragraph (1) applies instead of rule 12(2) of the Local Referendums

 

(Combination of Polls) Rules.

 

Notice of polling stations

 

12         

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 each relevant election,

 

(b)    

specify the local authority for which each relevant election is to be

 

held, and

 

(c)    

where any of the polls are to be taken together in part only of a voting

 

area for the referendum, specify that part.

 

Postal voting statements

 

13  (1)  

This paragraph applies where proceedings on the issue and receipt of postal

 

ballot papers are taken together by virtue of regulation 65 of the Representation

 

of the People (England and Wales) Regulations 2001.

 

      (2)  

The form of postal voting statement to be issued to those who are entitled to

 

vote by post in the referendum and in each relevant election must be in the

 

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

 

      (3)  

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

 

the following provisions for a postal voting statement to be in a particular form.

 

      (4)  

The provisions are—

 

(a)    

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

 

(b)    

rule 22(1) of the Local Elections (Combination of Polls) Rules;

 

(c)    

rule 22(1) of the Parish Elections (Combination of Polls) Rules;

 

(d)    

rule 13(1) of the Local Referendums (Combination of Polls) Rules;

 

(e)    

rule 24(1) of the Mayoral Elections (Combination of Polls) Rules.

 

14  (1)  

This paragraph applies where proceedings on the issue and receipt of postal

 

ballot papers are not taken together by virtue of regulation 65 of the

 

Representation of the People (England and Wales) Regulations 2001.

 

      (2)  

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

 

post in the referendum must be in the form set out in Form 3 in Part 3 of this

 

Schedule.


 
 

Committee of the whole House: 25 October 2010            

758

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

      (3)  

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

 

referendum rules for a postal voting statement to be in a particular form.

 

Colour of ballot papers

 

15         

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

 

the ballot papers used for any relevant election.

 

Polling stations

 

16  (1)  

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

 

      (2)  

This paragraph applies instead of—

 

(a)    

regulation 4 of the Representation of the People (Combination of

 

Polls) (England and Wales) Regulations 2004 so far as it relates to

 

polling stations;

 

(b)    

rule 14(2) of the Local Referendums (Combination of Polls) Rules.

 

Official poll cards

 

17  (1)  

If the counting officer thinks fit, the official poll cards used for the referendum

 

and for 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.

 

      (3)  

In sub-paragraph (1) “relevant election” does not include the election of a

 

councillor of a parish council.

 

      (4)  

This paragraph applies instead of—

 

(a)    

rule 25(6) of the Local Elections (Combination of Polls) Rules;

 

(b)    

rule 16(6) of the Local Referendums (Combination of Polls) Rules;

 

(c)    

rule 27(6) of the Mayoral Elections (Combination of Polls) Rules.

 

Ballot boxes

 

18  (1)  

If the counting 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.

 

      (3)  

This paragraph applies instead of—

 

(a)    

rule 26(2) and (7) of the Local Elections (Combination of Polls) Rules;

 

(b)    

rule 26(2) and (7) of the Parish Elections (Combination of Polls)

 

Rules;

 

(c)    

rule 17(2) and (7) of the Local Referendums (Combination of Polls)

 

Rules;

 

(d)    

rule 28(2) and (7) of the Mayoral Elections (Combination of Polls)

 

Rules.

 

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 4 in Part 3 of this

 

Schedule—

 

(a)    

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


 
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