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: 25 October 2010
117

Parliamentary Voting System and Constituencies Bill, continued

Guidance to be exhibited inside and outside polling stations

21  (1)
A notice in the form set out in Form 5 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 26(8) of the Local Elections (Combination of Polls) Rules;

(c)
rule 26(8) of the Parish Elections (Combination of Polls) Rules;

(d)
rule 17(8) of the Local Referendums (Combination of Polls) Rules;

(e)
rule 28(8) of the Mayoral Elections (Combination of Polls) Rules.

Guidance to be exhibited in each polling station compartment

22  (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 exhibited in every

compartment of every polling station.

      (2)
This paragraph applies instead of—

(a)
rule 16(7) of the referendum rules;

(b)
rule 26(10) of the Local Elections (Combination of Polls) Rules;

(c)
rule 26(10) of the Parish Elections (Combination of Polls) Rules;

(d)
rule 17(10) of the Local Referendums (Combination of Polls) Rules;

(e)
rule 28(10) of the Mayoral Elections (Combination of Polls) Rules.

Notice of appointment of polling and counting agents

23  (1)
A notice required to be given to a returning officer for a relevant election under

any of the following provisions is to be given instead to the counting officer

for the voting area in which the relevant election is to be held—

(a)
rule 27(5), (7) or (8) of the Local Elections (Combination of Polls)

Rules;

(b)
rule 27(5) or (7) of the Parish Elections (Combination of Polls) Rules;

(c)
rule 29(7), (9) or (10) of the Mayoral Elections (Combination of Polls)

Rules.

      (2)
This paragraph applies instead of—

(a)
rule 27(6) of the Local Elections (Combination of Polls) Rules;

(b)
rule 27(6) of the Parish Elections (Combination of Polls) Rules;

(c)
rule 29(8) of the Mayoral Elections (Combination of Polls) Rules.

The poll

Admission to the polling station

24
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 any relevant election if the poll for that relevant election were held on its

own.

Voting by persons on duty on day of poll

25  (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.

Committee of the whole House Proceedings: 25 October 2010
118

Parliamentary Voting System and Constituencies Bill, continued

      (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 7 in Part 3 of this Schedule.

      (3)
Sub-paragraph (2) applies instead of rule 20(4)(b) of the referendum rules.

Questions put to voters: local referendums

26
The Table in rule 26 of the Local Referendums (Combination of Polls) Rules

has effect as if for “this referendum”, in each place, there were substituted “this

(specify local authority) referendum”.

Voting procedure: copies of registers and absent voters lists

27  (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 relevant elections—

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

(b)
rule 35(1) of the Local Elections (Combination of Polls) Rules;

(c)
rule 35(1) of the Parish Elections (Combination of Polls) Rules;

(d)
rule 28(1) of the Local Referendums (Combination of Polls) Rules;

(e)
rule 37(1) of the Mayoral Elections (Combination of Polls) 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 and each relevant 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,

(b)
rule 35(1)(c) of the Local Elections (Combination of Polls) Rules,

(c)
rule 35(1)(c) of the Parish Elections (Combination of Polls) Rules,

(d)
rule 28(1)(c) of the Local Referendums (Combination of Polls) Rules,

and

(e)
rule 37(1)(c) of the Mayoral Elections (Combination of Polls) 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)
This paragraph applies instead of—

(a)
rule 35(6) of the Local Elections (Combination of Polls) Rules;

(b)
rule 35(6) of the Parish Elections (Combination of Polls) Rules;

(c)
rule 28(6) of the Local Referendums (Combination of Polls) Rules;

(d)
rule 37(6) of the Mayoral Elections (Combination of Polls) Rules.

28  (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 relevant 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,

Committee of the whole House Proceedings: 25 October 2010
119

Parliamentary Voting System and Constituencies Bill, continued

(b)
the elector for whom the proxy is applying for the ballot paper, and

(c)
the referendum or relevant 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 35(1)(d) of the Local Elections (Combination of Polls) Rules;

(c)
rule 35(1)(d) of the Parish Elections (Combination of Polls) Rules;

(d)
rule 28(1)(d) of the Local Referendums (Combination of Polls) Rules;

(e)
rule 37(1)(d) of the Mayoral Elections (Combination of Polls) Rules.

29  (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 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 relevant elections.

List of votes marked by presiding officer

30  (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 relevant

elections.

      (2)
Where a person’s entry in that list does not relate to the referendum and each

relevant election the entry must—

(a)
indicate whether it relates to the referendum, and

(b)
identify any relevant election 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,

(b)
rule 36(2) of the Local Elections (Combination of Polls) Rules,

(c)
rule 36(2) of the Parish Elections (Combination of Polls) Rules,

(d)
rule 29(2) of the Local Referendums (Combination of Polls) Rules, or

(e)
rule 38(2) of the Mayoral Elections (Combination of Polls) Rules.

      (4)
This paragraph applies instead of—

(a)
rule 36(4) of the Local Elections (Combination of Polls) Rules;

(b)
rule 36(4) of the Parish Elections (Combination of Polls) Rules;

(c)
rule 29(4) of the Local Referendums (Combination of Polls) Rules;

(d)
rule 38(5) of the Mayoral Elections (Combination of Polls) Rules.

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

31  (1)
A declaration made by the companion of a voter with disabilities must be in

the form set out in Form 8 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,

(b)
rule 37 of the Local Elections (Combination of Polls) Rules,

(c)
rule 37 of the Parish Elections (Combination of Polls) Rules,

(d)
rule 30 of the Local Referendums (Combination of Polls) Rules, or

(e)
rule 39 of the Mayoral Elections (Combination of Polls) Rules.

      (3)
This paragraph applies instead of—

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

Committee of the whole House Proceedings: 25 October 2010
120

Parliamentary Voting System and Constituencies Bill, continued

(b)
rule 37(7)(a) of the Local Elections (Combination of Polls) Rules;

(c)
rule 37(7)(a) of the Parish Elections (Combination of Polls) Rules;

(d)
rule 30(7)(a) of the Local Referendums (Combination of Polls) Rules;

(e)
rule 39(8)(a) of the Mayoral Elections (Combination of Polls) Rules.

List of voters with disabilities assisted by companions

32  (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

relevant elections.

      (2)
Where a person’s entry in that list does not relate to the referendum and each

relevant election the entry must—

(a)
indicate whether it relates to the referendum, and

(b)
identify any relevant 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,

(b)
rule 37(4) of the Local Elections (Combination of Polls) Rules,

(c)
rule 37(4) of the Parish Elections (Combination of Polls) Rules,

(d)
rule 30(4) of the Local Referendums (Combination of Polls) Rules, or

(e)
rule 39(4) of the Mayoral Elections (Combination of Polls) Rules.

      (4)
This paragraph applies instead of—

(a)
rule 37(6) of the Local Elections (Combination of Polls) Rules;

(b)
rule 37(6) of the Parish Elections (Combination of Polls) Rules;

(c)
rule 30(6) of the Local Referendums (Combination of Polls) Rules;

(d)
rule 39(7) of the Mayoral Elections (Combination of Polls) Rules.

Tendered votes list

33  (1)
If the counting officer thinks fit, a single tendered votes list may be used for

the purposes of the referendum and the relevant elections.

      (2)
Where a person’s entry in that list does not relate to the referendum and each

relevant election the entry must—

(a)
indicate whether it relates to the referendum, and

(b)
identify any relevant 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,

(b)
rule 39(2) of the Local Elections (Combination of Polls) Rules,

(c)
rule 39(2) of the Parish Elections (Combination of Polls) Rules,

(d)
rule 32(2) of the Local Referendums (Combination of Polls) Rules, or

(e)
rule 41(2) of the Mayoral Elections (Combination of Polls) Rules.

      (4)
This paragraph applies instead of—

(a)
rule 39(3) of the Local Elections (Combination of Polls) Rules;

(b)
rule 39(3) of the Parish Elections (Combination of Polls) Rules;

(c)
rule 32(3) of the Local Referendums (Combination of Polls) Rules;

(d)
rule 41(3) of the Mayoral Elections (Combination of Polls) Rules.

Committee of the whole House Proceedings: 25 October 2010
121

Parliamentary Voting System and Constituencies Bill, continued

Lists relating to correction of errors on day of poll

34  (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 relevant elections.

      (2)
Where a person’s entry in that list does not relate to the referendum and each

relevant election the entry must—

(a)
indicate whether it relates to the referendum, and

(b)
identify any relevant 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,

(b)
rule 41(1) of the Local Elections (Combination of Polls) Rules,

(c)
rule 41(1) of the Parish Elections (Combination of Polls) Rules,

(d)
rule 34(1) of the Local Referendums (Combination of Polls) Rules, or

(e)
rule 43(1) of the Mayoral Elections (Combination of Polls) Rules.

      (4)
This paragraph applies instead of—

(a)
rule 41(2) of the Local Elections (Combination of Polls) Rules;

(b)
rule 41(2) of the Parish Elections (Combination of Polls) Rules;

(c)
rule 34(2) of the Local Referendums (Combination of Polls) Rules;

(d)
rule 43(2) of the Mayoral Elections (Combination of Polls) Rules.

Notice of adjournment in case of riot

35
In the following provisions, references to a returning officer are to be read as

references to the counting officer—

(a)
rule 42(1) of the Local Elections (Combination of Polls) Rules;

(b)
rule 42(1) of the Parish Elections (Combination of Polls) Rules;

(c)
rule 44(1) of the Mayoral Elections (Combination of Polls) Rules.

Procedure on close of poll

36  (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 any relevant election.

      (2)
A packet made up under rule 37(1)(b), (c) or (f) of the referendum rules may

not be combined with a packet made up under a corresponding provision of the

rules governing any relevant election.

      (3)
The ballot paper account prepared under rule 37(6) of the referendum rules

may not be combined with the ballot paper account for any relevant election.

37  (1)
In the following provisions, references to a returning officer are to be read as

references to the counting officer—

(a)
rule 43(1) of the Local Elections (Combination of Polls) Rules;

(b)
rule 43(1) of the Parish Elections (Combination of Polls) Rules;

(c)
rule 45(1) of the Mayoral Elections (Combination of Polls) Rules.

      (2)
This paragraph applies instead of—

(a)
rule 43(3) of the Local Elections (Combination of Polls) Rules;

(b)
rule 43(3) of the Parish Elections (Combination of Polls) Rules;

(c)
rule 45(3) of the Mayoral Elections (Combination of Polls) Rules.

Committee of the whole House Proceedings: 25 October 2010
122

Parliamentary Voting System and Constituencies Bill, continued

Counting of votes

Attendance and arrangements for counting

38  (1)
The counting officer must make arrangements for counting the ballot papers

and carrying out the other functions conferred by paragraph 42 in the presence

of the counting agents.

      (2)
The counting officer must give the counting agents notice in writing of the time

and place at which the proceedings under paragraph 42 will begin.

      (3)
A person may be present at the proceedings under paragraph 42 only if—

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

referendum or a relevant 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—

(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.

39
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”.

40  (1)
The returning officer for a relevant election must make arrangements for

counting the votes in the presence of the counting agents for the relevant

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

counting officer under paragraph 43.

      (2)
The returning officer must give the counting agents for the relevant election

notice in writing of the time and place at which the counting of the votes for

the relevant election will begin.

      (3)
A person may be present at the counting of the votes for a relevant 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 relevant election if it were taken on its own.

      (4)
The 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 returning officer must give the counting agents for the relevant election—

(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

Committee of the whole House Proceedings: 25 October 2010
123

Parliamentary Voting System and Constituencies Bill, continued

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

satisfy themselves that the ballot papers are correctly sorted.

41
Paragraphs 38 and 40 apply instead of—

(a)
rule 44 of the Local Elections (Combination of Polls) Rules;

(b)
rule 44 of the Parish Elections (Combination of Polls) Rules;

(c)
rule 37 of the Local Referendums (Combination of Polls) Rules;

(d)
rule 46 of the Mayoral Elections (Combination of Polls) Rules.

Counting and separation of ballot papers by counting officer

42  (1)
As soon as practicable after the close of the poll the counting officer must—

(a)
in the presence of the counting agents, open the ballot boxes and count

and record separately the number of ballot papers relating to the

referendum and each relevant election;

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

the referendum and the relevant elections are taken together, count the

postal ballot papers that have been duly returned for the referendum

and the relevant election and record separately the number relating to

each;

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

the referendum and the relevant elections are not taken together, count

the postal ballot papers that have been duly returned for the

referendum and record the number;

(d)
separate ballot papers relating to the referendum and those relating to

each relevant election.

      (2)
Rule 39(3) of the referendum rules applies for the purposes of any combined

polls; but 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, a reference in rule 39(3) to a

counting officer is to be read in relation to the return of ballot papers for a

relevant election as a reference to the returning officer for that relevant

election.

      (3)
The counting officer must not count any tendered ballot papers.

      (4)
The counting officer, while counting and recording the number of ballot

papers, 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 officer must, in the presence of the referendum agents and the

election agents for the relevant elections—

(a)
verify each ballot paper account by comparing it with the number of

ballot papers recorded by the officer, and the unused and spoilt ballot

papers in the officer’s possession and the tendered votes list (opening

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.



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