Committee of the whole House: 25 October 2010

766

Parliamentary Voting System and Constituencies Bill, continued

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.

(6)	An election agent for a relevant election may copy the statement relating to that

relevant election.

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

statement relating to the referendum.

(8)	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.

(9)	Rule 39 of the referendum rules does not apply (except for the purposes of sub-

paragraph (2) above).

Delivery of ballot papers etc to returning officers

43  (1)

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

officer for a relevant election the ballot papers for the relevant election.

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

officer—

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

verification of the ballot paper accounts for the relevant election;

(b)	the packets of unused and spoilt ballot papers for the relevant election;

(c)	the packets of tendered ballot papers for the relevant election;

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

poll for the relevant 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 44(1).

(4)	If, in respect of a relevant election, none of the ballot papers have been

delivered under sub-paragraph (1) by the time the statements as to the result of

the verification of the ballot paper accounts in relation to all the polls are

prepared—

(a)	the ballot papers for that election must be sealed into packets, each of

which must be endorsed with a description of its contents, and

(b)	the packets may not be opened until the returning officer begins

dealing with the ballot papers in those packets under paragraph 44(3).

Counting of votes

44  (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;

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767

Parliamentary Voting System and Constituencies Bill, continued

(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 a

relevant election are not taken together with those for the referendum and any

other relevant elections, the returning officer for the relevant election must

count the postal ballot papers that have been duly returned and record the

number counted.

(3)	The returning officer for a relevant election must count the votes given on the

ballot papers for the relevant 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 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 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 returning officer must—

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

or relevant 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 45 apply instead of—

(a)	rule 45 of the Local Elections (Combination of Polls) Rules;

(b)	rule 45 of the Parish Elections (Combination of Polls) Rules;

(c)	rule 38 of the Local Referendums (Combination of Polls) Rules;

(d)	rule 47 of the Mayoral Elections (Combination of Polls) Rules.

Ballot papers placed in wrong ballot box

45	Where separate ballot boxes are used for the referendum and a relevant

election, the placing of a ballot paper in the wrong ballot box does not render

it void.

Declaration of result

Declaration

46	The result of the referendum or a relevant 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.

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768

Parliamentary Voting System and Constituencies Bill, continued

Disposal of documents etc

Packets of documents

47  (1)

The counting officer may not open the sealed packets of—

(a)	the completed corresponding number lists for a relevant 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 a relevant election.

(2)	The following provisions have effect as if paragraph (3) were omitted—

(a)	rule 51 of the Local Elections (Combination of Polls) Rules;

(b)	rule 51 of the Parish Elections (Combination of Polls) Rules;

(c)	rule 44 of the Local Referendums (Combination of Polls) Rules;

(d)	rule 56 of the Mayoral Elections (Combination of Polls) Rules.

Delivery and retention of documents

48  (1)

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

documents.

(2)	The specified documents are those specified in sub-paragraphs (c), (d) and (f)

of paragraph (1) of—

(a)	rule 52 of the Local Elections (Combination of Polls) Rules;

(b)	rule 52 of the Parish Elections (Combination of Polls) Rules;

(c)	rule 45 of the Local Referendums (Combination of Polls) Rules;

(d)	rule 57 of the Mayoral Elections (Combination of Polls) Rules.

(3)	Except for the purposes of this paragraph, those rules have effect as if they did

not include a reference to the specified documents (and as if paragraph (2)

were omitted).

(4)	Nothing in this paragraph prevents the following provisions from applying to

the specified documents—

(a)	rule 53 of the Local Elections (Combination of Polls) Rules;

(b)	rule 53 of the Parish Elections (Combination of Polls) Rules;

(c)	rule 46 of the Local Referendums (Combination of Polls) Rules;

(d)	rule 58 of the Mayoral Elections (Combination of Polls) Rules.

(5)	Each of the following provisions has effect as if for “by this rule provided”

there were substituted “provided by this rule (or a court order)”—

(a)	rule 53(8) of the Local Elections (Combination of Polls) Rules;

(b)	rule 53(8) of the Parish Elections (Combination of Polls) Rules;

(c)	rule 46(9) of the Local Referendums (Combination of Polls) Rules;

(d)	rule 58(9) of the Mayoral Elections (Combination of Polls) Rules.

(6)	Rule 45(1) of the Local Referendums (Combination of Polls) Rules has effect

as if the words “Where” and “is the relevant returning or counting officer, he”

were omitted.

Countermand or abandonment of poll on death of candidate

49  (1)

The following provisions have effect as if they were modified in accordance

with sub-paragraphs (2) and (3)—

(a)	rule 55 of the Local Elections (Combination of Polls) Rules;

(b)	rule 55 of the Parish Elections (Combination of Polls) Rules;

(c)	rule 60 of the Mayoral Elections (Combination of Polls) Rules.

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769

Parliamentary Voting System and Constituencies Bill, continued

(2)	In paragraph (4), for “returning officer” substitute “relevant counting officer”.

(3)	In paragraph (7), for the words from the beginning to “further step” substitute

“Once the ballot papers relating to each relevant election or referendum have

been separated, no step or further step may be taken”.

Part 2

Application of provisions about issue and receipt of postal ballot papers

50  (1)

For the purposes of the combined polls, Part 5 of the Representation of the

People (England and Wales) Regulations 2001 (S.I. 2001/341) 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 an election or referendum, a reference to a provision has

effect as a reference to that provision as it applies for the purposes of

that election or referendum;

(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;

(c)	expressions used in relation to a local referendum are to be construed

in accordance with regulation 2 of, and paragraph 1(2) of Schedule 4

to, the Local Authorities (Conduct of Referendums) (England)

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

(3)	In relation to the combined polls, the modifications made by this paragraph to

Part 5 of the 2001 Regulations apply instead of any modifications that would

apply to that Part by virtue of—

(a)	Part 3 of Schedule 4;

(b)	Schedule 4 to the Local Authorities (Conduct of Referendums)

(England) Regulations 2007;

(c)	Schedule 2 to the Local Authorities (Mayoral Elections) (England and

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

Provision

Modification

Regulation 64 (interpretation of

For the definition of “agent” substitute—

Part 5)

““agent”, except in regulation 69(1) to

(7)—

(a)	in relation to an election,

includes the election agent and a

person appointed to attend in the

election agent’s place;

(b)	in relation to the referendum on

the voting system for United

Kingdom parliamentary

elections, means a referendum

agent or an agent appointed

under regulation 69.”

In the appropriate place insert—

““candidate”, in relation to an election for

the return of an elected mayor, means a

candidate at such an election;”.

In the appropriate place insert—

““local referendum” means a referendum in

England under Part 2 of the Local

Government Act 2000;”.

In the appropriate place insert—

““relevant election or referendum” means

an election or referendum the poll for

which is to be taken together with the

poll for one or more other elections or

referendums under section [Combination

of polls](1) of the Parliamentary Voting

System and Constituencies Act 2010;

“relevant returning or counting officer”, in

relation to a relevant election or

referendum, means—

(c)	in a case where proceedings on

the issue and receipt of postal

ballot papers are taken together

by virtue of regulation 65, the

counting officer for the

referendum on the voting system

for United Kingdom

parliamentary elections, and

(d)	in any other case, the returning

or counting officer for the

election or referendum in

question;”.

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

“returning officer” insert “or counting officer”.

Regulation 65 (combination of

For regulation 65 substitute—

proceedings on issue and

“65	Combination of proceedings on issue and

receipt of postal ballot papers)

receipt of postal ballot papers

(1)	This regulation applies where the polls for two or

more relevant elections or referendums are taken

together under section [Combination of polls](1)

of the Parliamentary Voting System and

Constituencies Act 2010.

(2)	The proceedings on the issue and receipt of postal

ballot papers in respect of the polls may be taken

together if the returning and counting officers

think fit.”

Regulation 66 (form of postal

Omit the whole regulation.

voting statement)

Regulation 67 (persons entitled

For “returning officer” substitute “relevant returning or

to be present at proceedings on

counting officer”.

issue of postal ballot papers)

Regulation 68 (persons entitled

For regulation 68 substitute—

to be present at proceedings on

“68	Persons entitled to be present at proceedings on

receipt of postal ballot papers)

receipt of postal ballot papers

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

postal ballot papers are taken together by virtue

of regulation 65, the only persons who may be

present at those proceedings are the appropriate

persons in relation to the relevant elections and

referendums.

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

present at the proceedings on the receipt of postal

ballot papers for a relevant election or

referendum are the appropriate persons in

relation to that election or referendum.

(3)	The following are appropriate persons in relation

to an election—

(a)	the returning officer;

(b)	the returning officer’s clerks;

(c)	the candidates;

(d)	the election agents;

(e)	any person appointed by a candidate to

attend in his election agent’s place;

(f)	any agents appointed under

regulation 69;

(g)	at an election of parish councillors, any

person appointed by a candidate to attend

proceedings on the receipt of postal

ballot papers.

(4)	The following are appropriate persons in relation

to a referendum—

(a)	the counting officer;

(b)	the counting officer’s clerks;

(c)	in the case of the referendum on the

voting system for United Kingdom

parliamentary elections, the referendum

agents and any agents appointed under

regulation 69;

(d)	in the case of a local referendum, the

persons listed in rule 37(3)(b) to (d) of

the rules set out in Schedule 5 to the

Local Authorities (Conduct of

Referendums) (England) Regulations

2007.

(5)	This regulation is without prejudice to section

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

Elections and Referendums Act 2000.”

Regulation 69 (agents of

For “returning officer” (in each place) substitute

candidates who may attend

“relevant returning or counting officer”.

proceedings on receipt of postal

ballot papers)

Omit paragraph (3).

After paragraph (7) insert—

“(7A)

In relation to the referendum on the voting

system for United Kingdom parliamentary

elections, in paragraph (1), (2), (4) or (7) a

reference to a candidate is to be read as a

reference to a referendum agent.”

In paragraph (8), for “the candidates or their agents”

substitute “any persons mentioned in regulation 68(3)(c)

to (g) or (4)(c) and (d)”.

Regulation 70 (notification of

For regulation 70 substitute—

requirement of secrecy)

“70	Notification of requirements of secrecy

(1)	In a case where proceedings on the issue of postal

ballot papers are taken together by virtue of

regulation 65, the counting officer for the

referendum on the voting system for United

Kingdom parliamentary elections 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

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

section 66 of the 1983 Act as they apply in

relation to each relevant election or referendum.

(2)	In any other case, the returning or counting

officer for a relevant election or referendum 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 election or 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 that election or referendum.”

Regulation 71 (time when

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

postal ballot papers are to be

election or local referendum”.

issued)

After 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 on the voting system in United

Kingdom parliamentary elections shall be

issued until after 5 pm on the eleventh day

before the date of the poll (computed in

accordance with regulation 56(6) above).”

In paragraph (2), omit “by the returning officer”.

Regulation 72 (procedure on

For paragraph (5) substitute—

issue of postal ballot papers)

“(5)	Paragraphs (5A) and (5B) apply where—

(a)	proceedings on the issue of postal ballot

papers are taken together by virtue of

regulation 65, and

(b)	a combined postal voters list or proxy

postal voters list is produced by virtue of

paragraph 29 of Schedule [Combination

of polls: England] 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 each relevant election

or referendum, a single mark must be placed in

the list under 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 regulation

65, the number of each postal ballot paper issued

shall be marked on the postal voting statement

under paragraph (4).”

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

“postal ballot papers” substitute “Where proceedings on

the issue and receipt of postal ballot papers are not taken

together by virtue of regulation 65”.

In paragraph (8)—

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

election or local referendum”;

(b)	at the end insert—

“and, in relation to the referendum on the voting

system for United Kingdom parliamentary

elections, the items specified in 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.”

Regulation 73 (refusal to issue

For “returning officer” substitute “relevant returning or

postal ballot papers)

counting officer”.

For “election” substitute “poll”.

Regulation 74 (envelopes)

In paragraph (1), after “elections rules” insert “or rule 11

of the referendum rules”.

Regulation 75 (sealing up of

In paragraphs (1) and (2), for “returning officer”

completed corresponding

substitute “relevant returning or counting officer”.

number lists)

Regulation 76 (delivery of

In paragraph (1)—

postal ballot papers)

(a)	for “returning officer” substitute “relevant

returning or counting officer”;

(b)	in sub-paragraph (c), after “elections rules”

insert “or rule 13 of the referendum rules”.

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

“relevant returning or counting officer”.

Regulation 77 (spoilt postal

For “returning officer” (in each place) substitute

ballot papers)

“relevant returning or counting officer”.

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

Regulation 78 (lost postal

For “returning officer” (in each place) substitute

ballot papers)

“relevant returning or counting officer”.

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

Regulation 79 (alternative

For “returning officer” (in each place) substitute

means of returning postal ballot

“relevant returning or counting officer”.

paper or postal voting

statement)

In paragraph (1), after “1983 Act” insert “and rule 39(3)

of the referendum rules”.

In paragraph (3), after “rule 43(1) of the elections rules”

insert “or rule 37(1) of the referendum rules”.

In paragraph (5), after “polling agents” insert “or polling

observers”.

Regulation 80 (notice of

In paragraph (1)—

opening of postal ballot paper

(a)	for “returning officer” substitute “relevant

envelopes)

returning or counting officer”;

(b)	for “each candidate” substitute “each of the

persons mentioned in paragraph (1A)”.

After paragraph (1) insert—

“(1A)

The persons are—

(a)	in relation to an election, the candidates,

(b)	in relation to the referendum on the

voting system for United Kingdom

parliamentary elections, the referendum

agents, and

(c)	in relation to a local referendum, the

persons mentioned in rule 37(3)(b) to (d)

of the rules set out in Schedule 5 to the

Local Authorities (Conduct of

Referendums) (England) Regulations

2007.”

In paragraph (2)(b), for “the number of agents a

candidate” substitute “in the case of an election or the

referendum on the voting system for United Kingdom

parliamentary elections, the number of agents that a

candidate or referendum agent”.

Regulation 81 (postal ballot

For “returning officer” (in each place) substitute

boxes and receptacles)

“relevant returning or counting officer”.

For 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 paragraph (3), for “the agents” substitute “those”.

In paragraph (4), after “lock the ballot box” insert “(if it

has a lock)”.

Regulation 82 (receipt of

For “returning officer” (in both places) substitute

covering envelope)

“relevant returning or counting officer”.

Regulation 83 (opening of

In paragraph (1)—

postal voters’ ballot box)

(a)	for “returning officer” substitute “relevant

returning or counting officer”;

(b)	at the end insert “and (where relevant) the

persons mentioned in rule 37(3)(b) to (d) of the

rules set out in Schedule 5 to the Local

Authorities (Conduct of Referendums)

(England) Regulations 2007”.

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

“relevant returning or counting officer”.

In paragraph (3), for “votes under rule 45 of the elections

rules” substitute “ballot papers”.

Regulation 84 (opening of

For “returning officer” (in each place) substitute

covering envelopes)

“relevant returning or counting officer”.

Regulation 84A (confirming

For “returning officer” (in each place) substitute

receipt of postal voting

“relevant returning or counting officer”.

statements)

Regulation 85 (procedure in

For “returning officer” (in each place) substitute

relation to postal voting

“relevant returning or counting officer”.

statements)

In paragraph (3), after “agents” insert “or counting

observers or both (as the case may be)”.

Regulation 85A (procedure in

For “returning officer” (in each place) substitute

relation to postal voting

“relevant returning or counting officer”.

statements: personal identifier

verification)

In paragraph (4), after “agents” insert “or counting

observers or both (as the case may be)”.

Regulation 85B (postal voting

For “returning officer” (in each place) substitute

statements: additional personal

“relevant returning or counting officer”.

identifier verification)

In paragraph (3)(a) and (c), after “agents” insert “or

counting observers or both (as the case may be)”.

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

box in the presence of the agents” substitute “lock the

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

presence of the agents or counting observers or both (as

the case may be)”.

Regulation 86 (opening of

In paragraph (1), for “returning officer” substitute

ballot paper envelopes)

“relevant returning or counting officer”.

Regulation 86A (retrieval of

In paragraph (1), for “returning officer” substitute

cancelled postal ballot papers)

“relevant returning or counting officer”.

In paragraph (2)—

(a)	in sub-paragraph (b), after “agents” insert “or

counting observers or both (as the case may

be)”;

(b)	in sub-paragraph (f), for “votes under rule 45 of

the elections rules” substitute “ballot papers”

and after “agents” insert “or counting observers

or both (as the case may be)”.

In paragraph (3), for “returning officer” substitute

“relevant returning or counting officer”.

Regulation 87 (list of rejected

In paragraph (1), for “In respect of any election, the

postal ballot papers)

returning officer” substitute “In respect of each relevant

election or referendum, the relevant returning or

counting officer”.

Regulation 88 (checking of lists

For “returning officer” (in each place) substitute “the

of rejected postal ballot papers)

relevant returning or counting officer”.

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

rule 37(1) of the referendum rules”.

Regulation 89 (sealing of

In paragraph (1), for “returning officer” substitute “the

receptacles)

relevant returning or counting officer”.

Regulation 90 (abandoned poll)

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

Regulation 91 (forwarding or

In 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 55 of

the elections rules 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

relevant election or referendum and the area to

which the packet relates”;

(c)	at the end insert—

“A separate statement in Form K must be

completed for each relevant election or

referendum”.

In paragraph (3), for “returning officer” (in both places)

substitute “relevant returning or counting officer”.

In paragraph (4), for “Rules 56 and 57 of the elections

rules” substitute “The rules specified in paragraph (4A)”.

After sub-paragraph (4) insert—

“(4A)

The rules are—

(a)	in a case where proceedings on the issue

and receipt of postal ballot papers are

taken together by virtue of

regulation 65—

(i)	rule 50 of the referendum rules

and rule 56 of the 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 56 of

the elections rules, and

(ii)	rule 51 of the referendum rules

or (as the case may be) rule 57 of

the elections rules.”

In paragraph (5), for “returning officer” (in both places)

substitute “relevant returning or counting officer”.

In Schedule 3, Form K

In the case of the form used in relation to the referendum

under section 1—

(a)	for “PARLIAMENTARY ELECTION”

substitute “REFERENDUM ON THE VOTING

SYSTEM FOR UNITED KINGDOM

PARLIAMENTARY ELECTIONS”;

(b)	for “constituency” substitute “voting area”;

(c)	for “returning officer” (in each place) substitute

“counting officer”.

---

Revised 25 October 2010