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Committee of the whole House: 25 October 2010            

829

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

‘Combination of polls: Scotland

 

Part 1

 

Provision about combination

 

General provisions

 

Interpretation

 

1          

The polls to be taken together under section [Combination of polls](3) are

 

referred to in this Schedule as “combined polls”.

 

2          

In this Schedule—

 

“the 2007 Order” means the Scottish Parliament (Elections etc.) Order 2007

 

(S.I. 2007/937);

 

“constituency ballot paper” means a ballot paper for the poll for electing a

 

constituency member in a Scottish parliamentary election;

 

“constituency returning officer” is to be construed in accordance with

 

Article 15 of Schedule 4 to the 2007 Order;

 

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

 

agent for a Scottish parliamentary election (except where one or other is

 

specified);

 

“regional ballot paper” means a ballot paper for the poll for electing a

 

regional member in a Scottish parliamentary election;

 

“referendum ballot paper” means a ballot paper for the referendum;

 

“regional returning officer” has the meaning given by section 12(6) of the

 

Scotland Act 1998;

 

“returning officer” means a person who is a constituency returning officer

 

or a regional returning officer (unless one or other is specified);

 

“Scottish parliamentary election” means an election in a constituency held

 

under section 2 of the Scotland Act 1998 (comprising the poll for electing

 

a constituency member and the poll for electing regional members);

 

“Scottish Parliamentary Election Rules” means the rules set out in Schedule

 

2 to the 2007 Order.

 

Cost of combined polls

 

3          

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

 

to the referendum or the Scottish parliamentary election), and any cost

 

attributable to their combination, is to be apportioned equally between—

 

(a)    

the referendum, and

 

(b)    

the Scottish parliamentary election.

 

4    (1)  

In section 29 of the 1983 Act (payments by and to returning officer) as it has

 

effect for the purposes of a Scottish parliamentary election by virtue of Article

 

19 of the 2007 Order, subsections (3) to (9) 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 services or

 

expenses were to services rendered or expenses incurred in respect of

 

transferred functions.


 
 

Committee of the whole House: 25 October 2010            

830

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

      (2)  

An order under subsection (3)(b) of that section (as it has effect as mentioned

 

above) may include special provision for services rendered or expenses

 

incurred by a counting officer in respect of transferred functions.

 

      (3)  

Article 20 of the 2007 Order (taxation of returning officer’s accounts) applies

 

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

 

carrying out transferred functions.

 

Forms

 

5          

Forms 2, 3, 4, 6, 7 and 9 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

 

6    (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 4 to the

 

2007 Order.

 

      (2)  

The function of the constituency returning officer under rule 29 of the Scottish

 

Parliamentary Election Rules is to be carried out by the counting officer.

 

      (3)  

If the counting officer thinks fit, the lists prepared under rule 29 of the Scottish

 

Parliamentary Election Rules and rule 6 of the referendum rules may be

 

combined in the form set out in Form 1 in Part 3 of this Schedule.

 

      (4)  

In that case, this paragraph applies instead of—

 

(a)    

rule 6(2) of the referendum rules;

 

(b)    

rule 29(2) of the Scottish Parliamentary Election Rules.

 

7    (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 4 to

 

the 2007 Order.

 

      (2)  

The counting officer must prepare a list under sub-paragraph (3) or (4) as the

 

officer thinks fit.

 

      (3)  

A list under this sub-paragraph is a list containing the numbers and other

 

unique identifying marks of all of the ballot papers to be provided to presiding

 

officers in pursuance of rule 38(1) of the Scottish Parliamentary Election

 

Rules.

 

            

The list must be in form Z set out in the Appendix to those Rules.

 

      (4)  

A list under this sub-paragraph is a 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 38(1) of the Scottish Parliamentary Election Rules.

 

            

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

 

      (5)  

A list prepared under rule 29 of the Scottish Parliamentary Election Rules must

 

not include details relating to ballot papers in relation to which a list is prepared

 

under sub-paragraph (3) or (4).

 

      (6)  

A reference in an enactment to a list prepared under rule 29 of the Scottish

 

Parliamentary Election Rules has effect, in so far as it relates to ballot papers

 

to be provided in pursuance of rule 38(1) of those rules, as a reference to the

 

list prepared under sub-paragraph (3) or (4).

 

      (7)  

Where the counting officer prepares a list under sub-paragraph (4) in relation

 

to ballot papers —

 

(a)    

the list prepared under rule 6 of the referendum rules must not include

 

details relating to those ballot papers;


 
 

Committee of the whole House: 25 October 2010            

831

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

(b)    

a reference in an enactment to a list prepared under rule 6 of the

 

referendum rules has effect, in so far as it relates to ballot papers to be

 

provided in pursuance of rule 16(1) of the referendum rules, as a

 

reference to the list prepared under sub-paragraph (4).

 

Notice of polling stations

 

8          

The functions of the constituency returning officer under rule 33(2) of the

 

Scottish Parliamentary Elections Rules are to be carried out by the counting

 

officer.

 

9    (1)  

The notice given by a constituency returning officer under rule 33(2) of the

 

Scottish Parliamentary Elections Rules must—

 

(a)    

state that the poll at the Scottish parliamentary election is to be taken

 

together with the poll for the referendum;

 

(b)    

specify the relevant voting area.

 

      (2)  

The notice given by a counting officer under rule 10(3) of the referendum rules

 

must—

 

(a)    

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

 

polls for the relevant Scottish parliamentary election, and

 

(b)    

specify the relevant constituency.

 

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 4 to the

 

2007 Order.

 

      (2)  

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

 

Parliamentary Election 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 the Scottish parliamentary election 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 34(1) of the Scottish Parliamentary Election 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 4 to

 

the 2007 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

 

Scottish parliamentary election 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 34(1) of the

 

Scottish Parliamentary Election Rules for a postal voting statement to be in a

 

particular form.


 
 

Committee of the whole House: 25 October 2010            

832

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

Polling stations

 

12         

The functions of the constituency returning officer under rule 35 of the Scottish

 

Parliamentary Election 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 36 of the Scottish Parliamentary Election 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 (2).

 

Official poll cards

 

15  (1)  

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

 

and the Scottish parliamentary election may be combined.

 

      (2)  

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

 

referendum and election must be adapted in whatever manner seems

 

necessary.

 

Equipment of polling stations

 

16         

The functions of the constituency returning officer under rule 38 of the Scottish

 

Parliamentary Election 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 Scottish parliamentary election (in which case the

 

second sentence of rule 38(1) of the Scottish Parliamentary Election Rules

 

does not apply).

 

      (2)  

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

 

(a)    

to show whether it is for referendum ballot papers, constituency ballot

 

papers or regional ballot papers, and

 

(b)    

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

 

Colour of ballot papers

 

18         

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

 

the constituency ballot papers or the regional ballot papers.

 

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 38(3)(d) of the Scottish Parliamentary Election Rules.

 

      (2)  

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

 

of the referendum rules.


 
 

Committee of the whole House: 25 October 2010            

833

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

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 enlarged sample copy of the constituency ballot paper displayed at the

 

polling station under rule 38(4)(a) of the Scottish Parliamentary Election

 

Rules, and the enlarged sample copy of the regional ballot paper displayed

 

under that rule, must be of the same colour as the actual ballot papers.

 

Guidance to be exhibited outside and inside 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 outside and inside every polling station.

 

      (2)  

This paragraph applies instead of—

 

(a)    

rule 16(6) of the referendum rules;

 

(b)    

rule 38(11) and (12) of the Scottish Parliamentary Election 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—

 

(a)    

rule 16(7) of the referendum rules;

 

(b)    

rule 38(13) of the Scottish Parliamentary Election Rules.

 

Notice of appointment of polling and counting agents

 

23         

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

 

rule 39(4), (5) or (6) of the Scottish Parliamentary Election Rules is to be given

 

instead to the counting officer.

 

Notification of requirement of secrecy

 

24         

The functions of the constituency returning officer under rule 40(1) of the

 

Scottish Parliamentary Election Rules are to be carried out by the counting

 

officer.

 

The poll

 

Admission to the polling station

 

25  (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 a Scottish parliamentary election if the poll for the election were held on its

 

own.

 

      (2)  

Rule 41(1) of the Scottish Parliamentary Election 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.


 
 

Committee of the whole House: 25 October 2010            

834

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

Voting by persons on duty on day of poll

 

26  (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.

 

27         

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

 

rule 41(4) of the Scottish Parliamentary Election Rules is to be carried out by

 

the counting officer.

 

Removal from polling station

 

28         

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

 

Scottish Parliamentary Election 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

 

29  (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 Scottish parliamentary election—

 

(a)    

rule 27(2) of the referendum rules;

 

(b)    

rule 46(2) of the Scottish Parliamentary Election 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 referendum ballot paper, and a constituency ballot paper and

 

regional ballot paper, are delivered at the same time, 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(2)(c) of the Scottish Parliamentary Election 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(7) of the Scottish Parliamentary

 

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

 

30  (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 Scottish parliamentary election.

 

      (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—

 

(a)    

identifies the proxy,

 

(b)    

identifies the elector for whom the proxy is applying for the ballot

 

paper, and


 
 

Committee of the whole House: 25 October 2010            

835

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

(c)    

indicates whether the ballot paper is a referendum ballot paper, a

 

constituency ballot paper or a regional ballot paper.

 

      (4)  

Sub-paragraph (3) applies instead of—

 

(a)    

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

 

(b)    

rule 46(2)(d) of the Scottish Parliamentary Election Rules and rule

 

46(7) of those rules so far as it relates to the list of proxies.

 

31  (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 4 to the

 

2007 Order.

 

      (2)  

If the counting officer think 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 Scottish parliamentary

 

election.

 

List of votes marked by presiding officer

 

32  (1)  

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

 

officer may be used in respect of—

 

(a)    

votes marked on referendum ballot papers,

 

(b)    

votes marked on constituency ballot papers, and

 

(c)    

votes marked on regional ballot papers.

 

      (2)  

Where a person’s entry in that list does not relate to all three kinds of ballot

 

paper, the entry must identify each kind 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, or

 

(b)    

rule 47(2) of the Scottish Parliamentary Election Rules.

 

      (4)  

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

 

applies instead of rule 47(5) of the Scottish Parliamentary Election Rules.

 

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

 

33  (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 Scottish Parliamentary Election Rules.

 

      (3)  

This paragraph applies instead of—

 

(a)    

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

 

(b)    

rule 48(7)(a) of the Scottish Parliamentary Election Rules.

 

List of voters with disabilities assisted by companions

 

34  (1)  

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

 

by companions may be used may be used in respect of—

 

(a)    

votes marked on referendum ballot papers,

 

(b)    

votes marked on constituency ballot papers, and

 

(c)    

votes marked on regional ballot papers.

 

      (2)  

Where a person’s entry in that list does not relate to all three kinds of ballot

 

paper, the entry must identify each kind to which it relates.


 
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