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Committee of the whole House: 25 October 2010            

794

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

Postal voting

 

10  (1)  

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

 

ballot papers are taken together by virtue of paragraph 2 of Schedule 3 to the

 

Welsh Assembly Order.

 

      (2)  

The functions of the constituency returning officer under rule 33 of the

 

Assembly Elections Rules are to be carried out by the counting officer.

 

      (3)  

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

 

post in the referendum and in both the Assembly elections must be in the form

 

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

 

      (4)  

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.

 

      (5)  

The provisions are—

 

(a)    

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

 

(b)    

rule 33(1) of the Assembly Elections Rules.

 

11  (1)  

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

 

ballot papers are not taken together by virtue of paragraph 2 of Schedule 3 to

 

the Welsh Assembly Order.

 

      (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.

 

      (3)  

Sub-paragraph (2) 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.

 

      (4)  

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

 

Assembly elections must be in the form set out in Form 4 in Part 3 of this

 

Schedule.

 

      (5)  

Sub-paragraph (4) applies instead of the requirement in rule 33(1) of the

 

Assembly Elections Rules for a postal voting statement to be in a particular

 

form.

 

Polling stations

 

12         

The functions of the constituency returning officer under rule 34 of the

 

Assembly Elections Rules are to be carried out by the counting officer.

 

13         

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

 

Appointment of presiding officers and clerks

 

14         

The functions of the constituency returning officer under the following

 

paragraphs of rule 35 of the Assembly Elections Rules are to be carried out by

 

the counting officer—

 

(a)    

paragraph (1) so far as it relates to the appointment of presiding

 

officers and clerks;

 

(b)    

paragraph (3).

 

Official poll cards

 

15  (1)  

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

 

and the Assembly elections may be combined.

 

      (2)  

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

 

referendum and elections must be adapted in whatever manner seems

 

necessary.


 
 

Committee of the whole House: 25 October 2010            

795

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

Equipment of polling stations

 

16         

The functions of the constituency returning officer under rule 37 of the

 

Assembly Elections Rules are to be carried out by the counting officer.

 

17  (1)  

If the counting officer thinks fit, the same ballot box may be used at the polls

 

for the referendum and the Assembly elections.

 

      (2)  

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

 

(a)    

the referendum or Assembly election to which it relates, and

 

(b)    

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

 

      (3)  

This paragraph applies instead of rule 37(2) and (3) of the Assembly Elections

 

Rules.

 

Colour of ballot papers

 

18         

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

 

the ballot papers used for the Assembly elections.

 

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 5 in Part 3 of this

 

Schedule—

 

(a)    

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

 

(b)    

rule 37(5)(d) of the Assembly Elections Rules.

 

      (2)  

In that case, this paragraph applies instead of—

 

(a)    

the second sentence in rule 16(3) of the referendum rules;

 

(b)    

the requirement in rule 37(5)(d) of the Assembly Elections Rules to

 

use a particular form.

 

Ballot paper displayed in polling stations

 

20  (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 37(7)(a) of the Assembly Elections Rules in respect of each Assembly

 

election must be of the same colour as the ballot papers to be used for that

 

election.

 

Guidance to be exhibited inside and outside polling stations

 

21  (1)  

A notice in the form set out in Form 6 in Part 3 of this Schedule, giving

 

directions for the guidance of voters in voting, must be printed in conspicuous

 

characters and exhibited inside and outside every polling station.

 

      (2)  

This paragraph applies instead of—

 

(a)    

rule 16(6) of the referendum rules;

 

(b)    

rule 37(14) of the Assembly Elections Rules.

 

Guidance to be exhibited in each polling station compartment

 

22  (1)  

A notice in the form set out in Form 7 in Part 3 of this Schedule, giving

 

directions for the guidance of voters in voting, must be exhibited in every

 

compartment of every polling station.

 

      (2)  

This paragraph applies instead of—


 
 

Committee of the whole House: 25 October 2010            

796

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

(a)    

rule 16(7) of the referendum rules;

 

(b)    

rule 37(15) and (16) of the Assembly Elections Rules.

 

Notice of appointment of polling and counting agents

 

23         

A notice required to be given to a constituency returning officer under

 

rule 38(5), (6) or (7) of the Assembly Elections Rules is to be given to the

 

counting officer.

 

Notification of requirement of secrecy

 

24         

The functions of the constituency returning officer under rule 39(a) of the

 

Assembly Elections Rules are to be carried out by the counting officer.

 

Return of postal ballot papers

 

25         

Where proceedings on the issue and receipt of postal ballot papers are taken

 

together by virtue of paragraph 2 of Schedule 3 to the Welsh Assembly Order,

 

the functions of the constituency returning officer under rule 40 of the

 

Assembly Elections Rules are to be carried out by the counting officer.

 

The poll

 

Admission to the polling station

 

26  (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 an Assembly election if the poll for the election were held on its own.

 

      (2)  

Rule 41(1) of the Assembly Elections Rules has effect as if the persons listed

 

there included 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.

 

Voting by persons on duty on day of poll

 

27  (1)  

Paragraph 2(5) of Schedule 3 has effect as if in the words after paragraph (b)

 

the reference to any polling station were to any polling station in the same

 

voting area as the allotted polling station.

 

      (2)  

A certificate as to employment on duty on the day of the poll for the

 

referendum must be in the form set out in Form 8 in Part 3 of this Schedule.

 

      (3)  

Sub-paragraph (2) applies instead of rule 20(4)(b) of the referendum rules.

 

28         

The returning officer’s function of signing certificates as to employment under

 

rule 41(5) of the Assembly Elections Rules is to be carried out by the counting

 

officer.

 

Removal from polling station

 

29         

The constituency returning officer’s function under rule 42(2)(b) of the

 

Assembly Elections Rules of authorising someone to remove a person from a

 

polling station is to be carried out by the counting officer.

 

Voting procedure: copies of registers and lists of proxies

 

30  (1)  

If the counting 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 Assembly elections—

 

(a)    

rule 27(2) of the referendum rules;


 
 

Committee of the whole House: 25 October 2010            

797

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

(b)    

rule 46(1) of the Assembly Elections Rules.

 

      (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, the Assembly constituency election and the Assembly regional

 

election, 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, and

 

(b)    

rule 46(1)(c) of the Assembly 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 13B(3B) or (3D) 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.

 

      (6)  

Where the same copy of the register is used as mentioned in sub-paragraph (1),

 

this paragraph applies instead of rule 46(6) of the Assembly Elections Rules

 

except so far as it relates to the list of proxies.

 

31  (1)  

If the counting officer thinks fit, the counting officer may require the relevant

 

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

 

and the Assembly 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 Assembly 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 46(1)(d) of the Assembly Elections Rules and rule 46(6) of those

 

rules so far as it relates to the list of proxies.

 

32  (1)  

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

 

ballot papers are taken together by virtue of paragraph 2 of Schedule 3 to the

 

Welsh Assembly Order.

 

      (2)  

If the counting officer thinks fit, the counting officer may require the relevant

 

registration officer to produce a combined postal voters list and a combined

 

proxy postal voters list for the referendum and the Assembly elections.

 

List of votes marked by presiding officer

 

33  (1)  

If the counting officer thinks fit, a single list of votes marked by the presiding

 

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

 

elections.

 

      (2)  

Where a person’s entry in that list does not relate to the referendum, the

 

Assembly constituency election and the Assembly regional election, the entry

 

must—

 

(a)    

indicate whether it relates to the referendum, and

 

(b)    

identify any election to which it relates.


 
 

Committee of the whole House: 25 October 2010            

798

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

      (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, or

 

(b)    

rule 47(2) of the Assembly Elections Rules.

 

      (4)  

Where a single list is used as mentioned in sub-paragraph (1), this paragraph

 

applies instead of rule 47(5) of the Assembly Elections Rules.

 

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

 

34  (1)  

A declaration made by the companion of a voter with disabilities must be in

 

the form set out in Form 9 in Part 3 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—

 

(a)    

rule 30 of the referendum rules, or

 

(b)    

rule 48 of the Assembly Elections Rules.

 

      (3)  

This paragraph applies instead of—

 

(a)    

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

 

(b)    

rule 48(7)(a) of the Assembly Elections Rules.

 

List of voters with disabilities assisted by companions

 

35  (1)  

If the counting officer thinks fit, a single list of voters with disabilities assisted

 

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

 

Assembly elections.

 

      (2)  

Where a person’s entry in that list does not relate to the referendum, the

 

Assembly constituency election and the Assembly regional election, the entry

 

must—

 

(a)    

indicate whether it relates to the referendum, and

 

(b)    

identify any 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, or

 

(b)    

rule 48(4) of the Assembly Elections Rules.

 

      (4)  

Where a single list is used as mentioned in sub-paragraph (1), this paragraph

 

applies instead of rule 48(9) of the Assembly Elections Rules.

 

Tendered votes list

 

36  (1)  

If the counting officer thinks fit, a single tendered votes list may be used for

 

the purposes of the referendum and the Assembly elections.

 

      (2)  

Where a person’s entry in that list does not relate to the referendum, the

 

Assembly constituency election and the Assembly regional election, the entry

 

must—

 

(a)    

indicate whether it relates to the referendum, and

 

(b)    

identify any 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, or

 

(b)    

rule 49(8) of the Assembly Elections Rules

 

      (4)  

Where a single list is used as mentioned in sub-paragraph (1), this paragraph

 

applies instead of rule 49(12) of the Assembly Elections Rules.


 
 

Committee of the whole House: 25 October 2010            

799

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

Lists relating to correction of errors on day of poll

 

37  (1)  

If the counting 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 Assembly elections.

 

      (2)  

Where a person’s entry in that list does not relate to the referendum, the

 

Assembly constituency election and the Assembly regional election, the entry

 

must—

 

(a)    

indicate whether it relates to the referendum, and

 

(b)    

identify any 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, or

 

(b)    

rule 51 of the Assembly Elections Rules.

 

Notice of adjournment in case of riot

 

38         

Rule 52(1) of the Assembly Elections Rules has effect as if references to the

 

constituency returning officer were to the counting officer.

 

Procedure on close of poll

 

39  (1)  

In rule 37(1) of the referendum rules the reference to polling agents includes a

 

reference to polling agents appointed for the purposes of an Assembly election.

 

      (2)  

In rule 53(1) of the Assembly Elections Rules the reference to polling agents

 

includes a reference to polling agents appointed for the purposes of the

 

referendum.

 

40  (1)  

A packet made up under one of the following provisions may not be combined

 

with a packet made up under another of those provisions.

 

      (2)  

The provisions are—

 

(a)    

rule 37(1)(b), (c) or (f) of the referendum rules;

 

(b)    

rule 53(1)(b), (c), (d), (e) or (h) of the Assembly Elections Rules.

 

41         

The ballot paper accounts prepared under rule 37(6) of the referendum rules

 

and rule 53(4) of the Assembly Elections Rules may not be combined.

 

42         

In rule 53(3) of the Assembly Elections Rules references to a constituency

 

returning officer are to be read as references to the counting officer.

 

Counting of votes

 

Attendance and arrangements for counting

 

43  (1)  

The counting officer must make arrangements for counting the ballot papers

 

and carrying out the other functions conferred by paragraph 47 in the presence

 

of the counting agents.

 

      (2)  

The counting officer must give the counting agents and the regional returning

 

officer notice in writing of the time and place at which the proceedings under

 

paragraph 47 will begin.

 

      (3)  

A person may be present at the proceedings under paragraph 47 only if—

 

(a)    

the person is entitled to be present at the counting of the votes for the

 

referendum or an Assembly election, or

 

(b)    

the person is permitted by the counting officer to attend.

 

      (4)  

The counting officer may give a person permission under sub-paragraph (3)(b)

 

only if—


 
 

Committee of the whole House: 25 October 2010            

800

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

(a)    

the officer is satisfied that the person’s attendance will not impede the

 

efficient conduct of the proceedings, and

 

(b)    

the officer has consulted the referendum agents and election agents or

 

thought it impracticable to do so.

 

      (5)  

The counting officer must give the counting agents—

 

(a)    

whatever reasonable facilities for overseeing the proceedings, and

 

(b)    

whatever information with respect to the proceedings,

 

            

the officer can give them consistently with the orderly conduct of the

 

proceedings and the discharge of the officer’s duties.

 

44         

Rule 38(1) of the referendum rules (arrangements for the counting of votes in

 

the referendum) has effect with the omission of the words “after the close of

 

the poll”.

 

45  (1)  

The constituency returning officer must make arrangements for counting the

 

votes for the Assembly elections in the presence of the counting agents for the

 

election as soon as practicable after receiving the ballot papers from the

 

counting officer under paragraph 48.

 

      (2)  

The constituency returning officer must give the counting agents for the

 

Assembly elections and the regional returning officer notice in writing of the

 

time and place at which the counting of the votes for the elections will begin.

 

      (3)  

A person may be present at the counting of the votes for an Assembly election

 

only if—

 

(a)    

the person is permitted by the returning officer to attend, or

 

(b)    

the person would be entitled to be present at the counting of votes for

 

the Assembly election if it were taken on its own.

 

      (4)  

The constituency returning officer may give a person permission under sub-

 

paragraph (3)(a) only if—

 

(a)    

the officer is satisfied that the person’s attendance will not impede the

 

efficient counting of the votes, and

 

(b)    

the officer has consulted the election agents or thought it impracticable

 

to do so.

 

      (5)  

The constituency returning officer must give the counting agents for the

 

Assembly elections—

 

(a)    

whatever reasonable facilities for overseeing the proceedings, and

 

(b)    

whatever information with respect to the proceedings,

 

            

the officer can give them consistently with the orderly conduct of the

 

proceedings and the discharge of the officer’s duties.

 

      (6)  

In particular, where the votes are counted by sorting the ballot papers into lots

 

according to the votes marked on them and then counting the number of ballot

 

papers in each lot, the counting agents for an Assembly election are entitled to

 

satisfy themselves that the ballot papers are correctly sorted.

 

46         

Paragraphs 43 and 45 apply instead of rule 54 of the Assembly Elections Rules.

 

Counting and separation of ballot papers by counting officer

 

47  (1)  

As soon as practicable after the close of the poll the counting officer must—

 

(a)    

in the presence of the counting agents, open each ballot box and count

 

and record separately the number of ballot papers relating to the

 

referendum, the Assembly constituency election and the Assembly

 

regional election;

 

(b)    

where proceedings on the issue and receipt of postal ballot papers for

 

the referendum and the Assembly elections are taken together by

 

virtue of paragraph 2 of Schedule 3 to the Welsh Assembly Order,

 

count the postal ballot papers that have been duly returned for the


 
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