House of Commons Public Bill Committee Proceedings

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Committee of the whole House Proceedings: 18 October 2010
75

Parliamentary Voting System and Constituencies Bill, continued

      (2)
In relation to Northern Ireland, section 13BA of the 1983 Act has effect for the

purposes of the referendum as if—

(a)
a reference to an election to which that section applies included a

reference to the referendum,

(b)
a reference to the final nomination day included a reference to the

eleventh day before the date of the poll for the referendum,

(c)
a reference in subsection (4) to an election included a reference to the

referendum, and

(d)
subsection (4)(b) referred also to the postal voters list or list of proxies

kept for the referendum under paragraph 16(2) or (3) of Schedule 3.

      (3)
A reference in any enactment to section 13B or 13BA of the 1983 Act includes

(where the context allows) a reference to that section as modified by this

paragraph.

      (4)
Sub-paragraph (3) has effect, in relation to any register, until the first

publication after the referendum of a revised version of the register under

section 13 of the 1983 Act.

1B
In sections 173 and 173A of the 1983 Act (which relate to incapacities where

a person has been convicted of a corrupt or illegal practice) a reference to a

person convicted of a corrupt or illegal practice includes a reference to a person

convicted of such a practice under a provision of the 1983 Act applied by

paragraph 1.’.

The Deputy Prime Minister

Agreed to  309

Schedule  4,  page  104,  leave out line 31 and insert—

‘Other acts

Political Parties, Elections and Referendums Act 2000


Section 6A(4) of the 2000 Act (meaning of “relevant counting officer”) applies

for the purposes of the referendum as if for paragraphs (a) and (b) there were

substituted “in accordance with paragraph 1A of Schedule 1 to the

Parliamentary Voting System and Constituencies Act 2010.”


Section 9C of the 2000 Act (provision of information about expenditure)

applies for the purposes of the referendum as if for the words in subsection

(2)(c) after “in connection with” there were substituted “the referendum under

section 1 of the Parliamentary Voting System and Constituencies Act 2010.”


Section 128 of the 2000 Act (counting officers etc for referendums) applies for

the purposes of the referendum as if—

(a)
subsections (3), (4), (8) and (9)(b) were omitted;

(b)
in subsection (5), for “the area for which he is appointed” there were

substituted “the voting area for which he acts”;

(c)
in subsection (9), for paragraph (a) there were substituted—

“(a)
“voting area” has the meaning given by section 5(2)

of the Parliamentary Voting System and

Constituencies Act 2010;”.

Electoral Administration Act 2006’.

The Deputy Prime Minister

Agreed to  186

Schedule  4,  page  105,  line  12,  leave out ‘(subject to sub-paragraph (4)(c), (d), (e)

and (g))’.

Committee of the whole House Proceedings: 18 October 2010
76

Parliamentary Voting System and Constituencies Bill, continued

The Deputy Prime Minister

Agreed to  187

Schedule  4,  page  105,  line  16,  leave out sub-paragraph (4).

The Deputy Prime Minister

Agreed to  310

Schedule  4,  page  111,  line  23,  leave out ‘the relevant area’ and insert ‘any voting

area or part of a voting area’.

The Deputy Prime Minister

Agreed to  311

Schedule  4,  page  112,  line  44,  leave out ‘the relevant area’ and insert ‘any voting

area or part of a voting area’.

The Deputy Prime Minister

Agreed to  188

Schedule  4,  page  113,  leave out lines 12 to 24 and insert—

‘“(1)
In this regulation “personal identifiers

record” means a record kept by a

registration officer in pursuance of—

(a)
paragraph 3(9) or 7(12) of

Schedule 4 to the

Representation of the People

Act 2000 in relation to persons

entitled to vote in the

referendum,

(b)
paragraph 3(9) or 7(13) of

Schedule 2 to the European

Parliamentary Elections

Regulations 2004 in relation to

peers entitled to vote in the

referendum, or

(c)
paragraph 4(8) or 8(10) of

Schedule 3 to the Parliamentary

Voting System and

Constituencies Act 2010.”

In paragraph (3), for sub-paragraph (a)

substitute—

“(a)
any agent attending proceedings

on receipt of postal ballot

papers, in accordance with

regulation 85A(4) or

85B(3)(a).”’.

The Deputy Prime Minister

Agreed to  189

Schedule  4,  page  116,  line  27,  leave out ‘38’ and insert ‘39’.

The Deputy Prime Minister

Agreed to  190

Schedule  4,  page  116,  line  37,  leave out ‘37(1)’ and insert ‘37(4)’.

Committee of the whole House Proceedings: 18 October 2010
77

Parliamentary Voting System and Constituencies Bill, continued

The Deputy Prime Minister

Agreed to  312

Schedule  4,  page  117,  line  5,  leave out from beginning to ‘appointed’ in line 7 and

insert ‘relevant registration officer’.

The Deputy Prime Minister

Agreed to  191

Schedule  4,  page  117,  line  9,  leave out ‘48’ and insert ‘49’.

The Deputy Prime Minister

Agreed to  313

Schedule  4,  page  117,  line  21,  leave out from ‘paragraph’ to end of line 24 and

insert ‘relevant registration officer’ has the meaning given by rule 49(3) of the referendum

rules.’.

The Deputy Prime Minister

Agreed to  314

Schedule  4,  page  118,  column 2, leave out lines 38 to 41.

The Deputy Prime Minister

Agreed to  315

Schedule  4,  page  119,  line  3,  leave out ‘the’ and insert ‘a’.

The Deputy Prime Minister

Agreed to  316

Schedule  4,  page  119,  line  4,  leave out ‘the’ and insert ‘each relevant’.

The Deputy Prime Minister

Agreed to  317

Schedule  4,  page  119,  line  17,  leave out ‘regulation “relevant’ and insert—

‘regulation—

“relevant counting officer” in relation to a

registration officer—

(a)
means a counting officer for a

voting area that is the same as, or

falls wholly or partly within, the

registration officer’s registration

area, but

(b)
does not include a counting

officer who is the same

individual as the registration

officer.

“relevant’.

The Deputy Prime Minister

Agreed to  318

Schedule  4,  page  120,  column  2,  leave out lines 15 to 18.

The Deputy Prime Minister

Agreed to  319

Schedule  4,  page  120,  line  20,  leave out ‘the’ and insert ‘a’.

Committee of the whole House Proceedings: 18 October 2010
78

Parliamentary Voting System and Constituencies Bill, continued

The Deputy Prime Minister

Agreed to  320

Schedule  4,  page  120,  line  21,  leave out ‘the’ and insert ‘each relevant’.

The Deputy Prime Minister

Agreed to  321

Schedule  4,  page  120,  line  34,  leave out ‘regulation “relevant’ and insert—

‘regulation—

“relevant counting officer” in relation to a

registration officer—

(c)
means a counting officer for a

voting area that is the same as, or

falls wholly or partly within, the

registration officer’s registration

area, but

(d)
does not include a counting

officer who is the same

individual as the registration

officer.

“relevant’.

The Deputy Prime Minister

Agreed to  322

Schedule  4,  page  122,  line  5,  leave out ‘are to a registration officer mentioned in

rule 49(1)(a)’ and insert ‘have the meaning given by rule 49(3)’.

The Deputy Prime Minister

Agreed to  323

Schedule  4,  page  123,  line  42,  at end insert ‘UNITED KINGDOM’.

The Deputy Prime Minister

Agreed to  192

Schedule  4,  page  124,  line  17,  leave out ‘(subject to sub-paragraph (4)(b))’.

The Deputy Prime Minister

Agreed to  193

Schedule  4,  page  124,  line  21,  leave out sub-paragraph (4).

The Deputy Prime Minister

Agreed to  194

Schedule  4,  page  128,  line  43,  at end insert—

‘In paragraph (5), for “a particular election” substitute

“the referendum”.’.

The Deputy Prime Minister

Agreed to  195

Schedule  4,  page  131,  line  12,  leave out ‘39(4)’ and insert ‘39(4)(b) and (5)’.

Committee of the whole House Proceedings: 18 October 2010
79

Parliamentary Voting System and Constituencies Bill, continued

The Deputy Prime Minister

Agreed to  324

Schedule  4,  page  132,  line  34,  at end insert ‘UNITED KINGDOM’.

Schedule, as amended, Agreed to.

Mr Graham Allen

Sheila Gilmore

Simon Hart

Tristram Hunt

Mrs Eleanor Laing

Sir Peter Soulsby

Not selected  233

Clause  4,  page  2,  line  33,  at end insert—

‘(1A)
Section 117 of the 2000 Act has effect in relation to the referendum as if at the

end of subsection (1) there were inserted “or unless the expenditure incurred is in

respect of the publication of any matter relating to the referendum, other than an

advertisement, in—

(a)
a newspaper or periodical,

(b)
a broadcast made by the British Broadcasting Corporation or by Sianel

Pedwar Cymru, or

(c)
a programme included in any service licensed under Part I or III of the

Broadcasting Act 1990 or Part I or II of the Broadcasting Act 1996.”.’.

The Deputy Prime Minister

Agreed to  158

Clause  4,  page  3,  line  13,  after ‘5(2)’ insert ‘or (6) or 6(3)’.

The Deputy Prime Minister

Agreed to  159

Clause  4,  page  3,  line  16,  after ‘5(2)’ insert ‘or (6)’.

The Deputy Prime Minister

Agreed to  160

Clause  4,  page  3,  line  29,  leave out ‘if for’ and insert ‘if—

(a)
paragraph (d) of paragraph 2(1) were omitted, together with paragraph

2(3)(a), the words “the loan or” in paragraphs 2(3) and 5(4)(a), the words

“(d) or” in paragraph 5(4), and paragraph 5(4)(a)(i);

(b)
for’.

Clause, as amended, Agreed to.

The Deputy Prime Minister

Agreed to  196

Schedule  5,  page  136,  line  38,  leave out ‘or the responsible person’.

Committee of the whole House Proceedings: 18 October 2010
80

Parliamentary Voting System and Constituencies Bill, continued

The Deputy Prime Minister

Agreed to  197

Schedule  5,  page  136,  line  44,  leave out ‘or the responsible person’.

Schedule, as amended, Agreed to.

The Deputy Prime Minister

Agreed to  325

Clause  5,  page  4,  line  4,  leave out paragraphs (a) and (b) and insert ‘has the

meaning given by paragraph 1A of Schedule 1;’.

The Deputy Prime Minister

Agreed to  161

Clause  5,  page  4,  line  8,  at end insert—

‘“enactment” includes—

(a)
any provision of an Act,

(b)
any provision of, or of any instrument made under, an Act of the

Scottish Parliament,

(c)
any provision of, or of any instrument made under, Northern

Ireland legislation, and

(d)
any provision of subordinate legislation (within the meaning of

the Interpretation Act 1978);’.

The Deputy Prime Minister

Agreed to  326

Clause  5,  page  4,  leave out lines 19 to 22 and insert—

‘(2)
Each of the following, as it exists on the day of the referendum, is a “voting area”

for the purposes of this Part—

(a)
a district in England for which there is a district council;

(b)
a county in England in which there are no districts with councils;

(c)
a London borough;

(d)
the City of London (including the Inner and Middle Temples);

(e)
the Isles of Scilly;

(f)
a constituency for the National Assembly for Wales;

(g)
a constituency for the Scottish Parliament;

(h)
Northern Ireland.’.

Clause, as amended, Agreed to.

Mrs Eleanor Laing

Iain Stewart

Negatived  3

Clause  6,  page  4,  line  28,  after ‘“No”’, insert ‘and the number of electors casting a

vote in the referendum is equal to or greater than fifty per cent. of those entitled to cast

such a vote,’.

Committee of the whole House Proceedings: 18 October 2010
81

Parliamentary Voting System and Constituencies Bill, continued

Mr William Cash

Mr Peter Bone

Mr Brian Binley

Mr Philip Hollobone

Not called  45

Clause  6,  page  4,  line  28,  after ‘“No”’, insert ‘and the number of electors casting a

vote in the referendum is equal to or greater than two-thirds of those entitled to cast such

a vote,’.

Mr Christopher Chope

Not called  64

Clause  6,  page  4,  line  28,  after ‘“No”,’, insert ‘and the number of electors casting a

vote in the referendum is equal to or greater than 40 per cent. of those entitled to cast such

a vote,’.

Mr Christopher Chope

Not called  65

Clause  6,  page  4,  line  28,  after ‘“No”,’, insert ‘and the number of votes cast in the

referendum in favour of the answer “Yes” is at least two-thirds of the number of persons

casting a vote in the referendum,’.

Mr John Baron

Not called  242

Clause  6,  page  4,  line  28,  after ‘No’, insert ‘and the number of votes cast in favour

of the answer “Yes” is greater than half of those eligible to vote.’.

Mr David Davis

Not selected  361

Clause  6,  page  4,  line  28,  after ‘No’, insert ‘and the number of electors casting a

vote in the referendum is equal to or greater than 30 per cent. of those entitled to cast such

a vote,’.

Mr Christopher Chope

Not called  66

Clause  6,  page  4,  line  34,  after ‘“No”,’, insert ‘or the number of votes cast in the

referendum in favour of the answer “Yes” is less than two-thirds of the number of persons

casting a vote in the referendum,’.

Mr John Baron

Not called  243

Clause  6,  page  4,  line  34,  after ‘No’, insert ‘or the number of votes cast in favour of

the answer “Yes” is not greater than half of those eligible to vote.’.

Austin Mitchell

Not selected  252

Page  4,  line  24,  leave out Clause 6.

Clause Agreed to.

Progress reported.



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