House of Commons Public Bill Committee Proceedings

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Committee of the whole House Proceedings: 25 October 2010
145

Parliamentary Voting System and Constituencies Bill, continued

Schedule read a 2nd time.

As Amendments to New Schedule 2 (Combination of Polls: England):—

Edward Miliband

Sadiq Khan

Chris Bryant

Mr Peter Hain

Not called  (a)

Paragraph 11, in sub-paragraph (1) leave out ‘15th’ and insert ‘28th’.

Edward Miliband

Sadiq Khan

Chris Bryant

Mr Peter Hain

Not called  (b)

After paragraph 12, insert—

‘Absent voter application

12A
An application under regulation 51(4)b of the Representation of the People

(England and Wales) Regulations 2001, SI 2001/341, for an absent vote must

Committee of the whole House Proceedings: 25 October 2010
146

Parliamentary Voting System and Constituencies Bill, continued

state whether it is made for parliamentary elections, local government

elections, referendums or all of them.’.

Edward Miliband

Sadiq Khan

Chris Bryant

Mr Peter Hain

Not called  (c)

Leave out paragraph 15 and insert—

‘15(1)
The Chief Counting Officer shall select the colour of the ballot paper used for

the referendum.

      (2)
The other ballot papers used for any relevant election shall be of a different

colour from that selected by the Chief Counting Officer.’.

Edward Miliband

Sadiq Khan

Chris Bryant

Mr Peter Hain

Not called  (d)

Paragraph 17, leave out sub-paragraph (1) and insert—

    ‘(1)
The official poll cards used for the referendum and for the relevant elections

must be combined for all electors qualified to vote in all the polls.’.

Edward Miliband

Sadiq Khan

Chris Bryant

Mr Peter Hain

Not called  (e)

Paragraph 18, leave out sub-paragraph (1) and (2) and insert—

    ‘(1)
Separate ballot boxes must be used for the referendum to those used for other

relevant elections taking place on the same day.

      (2)
Each ballot box must be marked to show—

(a)
the referendum or relevant election to which it relates, and

(b)
the colour of ballot papers that should be placed in it.’.

Edward Miliband

Sadiq Khan

Chris Bryant

Mr Peter Hain

Not selected  (f)

After paragraph 21 insert—

‘Electoral Commission guidance

21A
The Electoral Commission are to supply posters to be displayed in every

polling station used for the referendum, which give neutral information on first

past the post and alternative vote systems that are the subject of the

referendum, subject to agreement by the Speaker’s Committee on the Electoral

Commission.’.

Committee of the whole House Proceedings: 25 October 2010
147

Parliamentary Voting System and Constituencies Bill, continued

Edward Miliband

Sadiq Khan

Chris Bryant

Mr Peter Hain

Not called  (g)

Paragraph 27, in sub-paragraph (1), leave out ‘If the counting officer thinks fit, the

same copy of the register of electors may’ and insert ‘Separate registers of

electors must’.

Edward Miliband

Sadiq Khan

Chris Bryant

Mr Peter Hain

Not called  (h)

Paragraph 27, leave out sub-paragraphs (2) to (4).

Edward Miliband

Sadiq Khan

Chris Bryant

Mr Peter Hain

Not called  (i)

Paragraph 40, at the end of sub-paragraph (3) insert ‘or

(c)
the person is a Member of Parliament.’.

Edward Miliband

Sadiq Khan

Chris Bryant

Mr Peter Hain

Not called  (j)

After paragraph 43 insert—

‘Priority in counting of votes

43A
Counting officers must give priority to the counting of ballots cast in—

(a)
the respective elections to the Northern Ireland, Scotland and Wales

devolved administrations, and

(b)
local council elections in each part of the United Kingdom.’.

Edward Miliband

Sadiq Khan

Chris Bryant

Mr Peter Hain

Not called  (k)

In paragraph 44, at the end of sub-paragraph (1), at end of sub-sub-paragraph (a)

insert ‘containing ballot papers for the referendum vote.’.

Edward Miliband

Sadiq Khan

Chris Bryant

Mr Peter Hain

Not called  (l)

In paragraph 44, at the end of sub-paragraph (1), at end of sub-sub-paragraph (b)

insert ‘containing ballot papers for the referendum vote.’.

Committee of the whole House Proceedings: 25 October 2010
148

Parliamentary Voting System and Constituencies Bill, continued

Edward Miliband

Sadiq Khan

Chris Bryant

Mr Peter Hain

Not called  (m)

In paragraph 44, at the end of sub-paragraph (3), at end of sub-sub-paragraph (a)

insert ‘containing ballot papers for the referendum vote.’.

Edward Miliband

Sadiq Khan

Chris Bryant

Mr Peter Hain

Not called  (n)

In paragraph 44, at the end of sub-paragraph (3), at end of sub-sub-paragraph (b)

insert ‘containing ballot papers for the referendum vote.’.

Edward Miliband

Sadiq Khan

Chris Bryant

Mr Peter Hain

Not called  (o)

In Part 2, in the second column, in the entry relating to Regulation 71, leave out

‘eleventh’ and insert ‘fifteenth’.

Schedule added to the Bill.

The Deputy Prime Minister

UNSPECIFIED  NS3

To move the following Schedule:—

‘Combination of polls: wales

Part 1

Provision about combination

General provisions

Interpretation

1
The polls to be taken together under section [Combination of polls](2) are

referred to in this Schedule as “combined polls”.

2
In this Schedule—

“Assembly election” means—

(i)
an Assembly constituency election, or

(j)
an Assembly regional election;

“Assembly constituency election” means an election for the return of an

Assembly constituency member (within the meaning of section 1 of the

Government of Wales Act 2006);

“Assembly Elections Rules” means the rules set out in Schedule 5 to the

Welsh Assembly Order;

Committee of the whole House Proceedings: 25 October 2010
149

Parliamentary Voting System and Constituencies Bill, continued

“Assembly regional election” means an election for the return of an

Assembly regional member (within the meaning of section 1 of the

Government of Wales Act 2006);

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

Article 18 of the Welsh Assembly Order;

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

agent for an Assembly election (except where one or other is specified);

“regional returning officer” is to be construed in accordance with Article 18

of the Welsh Assembly Order;

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

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

“the Welsh Assembly Order” means the National Assembly for Wales

(Representation of the People) Order 2007 (S.I. 2007/236).

Cost of combined polls

3
The cost of taking the combined polls (excluding any cost solely attributable

to the referendum or an Assembly election), and any cost attributable to their

combination, is to be apportioned equally between—

(a)
the referendum, and

(b)
the Assembly elections.

4    (1)
Articles 23 and 24 of the Welsh Assembly Order (payments by and to returning

officer etc) 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.

      (2)
An order under article 23(1) of that Order (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.

Publication of statement of persons nominated

5    (1)
The statement of persons nominated at an Assembly election must be

published not later than noon on the 15th day before the date of the poll.

      (2)
The timetable set out in rule 1(1) of the Assembly Elections Rules is to be read

with whatever modifications are necessary to give effect to this paragraph.

Forms

6
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

7    (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 function of the constituency returning officer under rule 27 of the

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

Committee of the whole House Proceedings: 25 October 2010
150

Parliamentary Voting System and Constituencies Bill, continued

      (3)
If the counting officer thinks fit, the lists prepared under the following

provisions may be combined in the form set out in Form 1 in Part 2 of this

Schedule—

(a)
rule 6 of the referendum rules;

(b)
rule 27 of the Assembly Elections Rules.

      (4)
In that case, sub-paragraph (3) applies instead of—

(a)
rule 6(2) of the referendum rules;

(b)
rule 27(2) of the Assembly Elections Rules.

8    (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 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 37(1) of the Assembly Elections Rules.


The list must be in form CM set out in Schedule 10 to the Welsh Assembly

Order.

      (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 37(1) of the Assembly Elections 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 27 of the Assembly Elections 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 27 of the Assembly

Elections Rules has effect, in so far as it relates to ballot papers to be provided

in pursuance of rule 37(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;

(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

9    (1)
No later than the time of the publication of the notice of the polls, the counting

officer must give public notice of—

(a)
the situation of each polling station;

(b)
the description of voters entitled to vote there.

      (2)
The notice must—

(a)
state that the polls for the referendum, the Assembly constituency

election and the Assembly regional election are to be taken together,

and

(b)
specify the relevant voting area, constituency and region.

Committee of the whole House Proceedings: 25 October 2010
151

Parliamentary Voting System and Constituencies Bill, continued

      (3)
As soon as practicable after giving the notice the counting officer must give a

copy of it to—

(a)
each of the referendum agents appointed for the officer’s area;

(b)
each of the election agents for the Assembly elections;

(c)
the regional returning officer.

      (4)
This paragraph applies instead of—

(a)
rule 10(3) and (4) of the referendum rules;

(b)
rule 32(2) to (4) of the Assembly Elections rules.

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).



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