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Committee of the whole House Proceedings: 25 October 2010    

159

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

      (2)  

The counting officer must also deliver or cause to be delivered to the

 

constituency returning officer—

 

(a)    

the ballot paper accounts and the statement as to the result of the

 

verification of the ballot paper accounts for the Assembly elections;

 

(b)    

the packets of unused and spoilt ballot papers for the Assembly

 

elections;

 

(c)    

the packets of tendered ballot papers for the Assembly elections;

 

(d)    

the packets of certificates as to employment on duty on the day of the

 

poll for the Assembly elections.

 

      (3)  

If the counting officer has not begun to count the votes given on the

 

referendum ballot papers by the time the statements as to the result of the

 

verification of the ballot paper accounts in relation to all the polls are

 

prepared—

 

(a)    

those ballot papers must be sealed into packets, each of which must be

 

endorsed with a description of its contents, and

 

(b)    

the packets may not be opened until the counting officer begins

 

dealing with the ballot papers in those packets under paragraph 49(1).

 

      (4)  

If, in respect of an Assembly constituency election or an Assembly regional

 

election, none of the ballot papers have been delivered under sub-paragraph (1)

 

by the time the statements as to the result of the verification of the ballot paper

 

accounts in relation to all the polls are prepared—

 

(a)    

the ballot papers for that election must be sealed into packets, each of

 

which must be endorsed with a description of its contents, and

 

(b)    

the packets may not be opened until the constituency returning officer

 

begins dealing with the ballot papers in those packets under paragraph

 

49(3).

 

Counting of votes

 

49  (1)  

The counting officer must count the votes given on the ballot papers for the

 

referendum, but must not do so until—

 

(a)    

in the case of postal ballot papers, they have been mixed with the ballot

 

papers from at least one ballot box;

 

(b)    

in the case of ballot papers from a ballot box, they have been mixed

 

with the ballot papers from at least one other ballot box.

 

      (2)  

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

 

Assembly elections are not taken together with those for the referendum, the

 

constituency returning officer must count the postal ballot papers that have

 

been duly returned for the Assembly constituency election and the Assembly

 

regional election and record separately the number relating to each.

 

      (3)  

The constituency returning officer must count the votes given on the ballot

 

papers for each Assembly election, but must not do so until—

 

(a)    

in the case of postal ballot papers, they have been mixed with the ballot

 

papers from at least one ballot box;

 

(b)    

in the case of ballot papers from a ballot box, they have been mixed

 

with the ballot papers from at least one other ballot box.

 

      (4)  

The counting or constituency returning officer, while counting the votes,

 

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.


 
 

Committee of the whole House Proceedings: 25 October 2010    

160

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

      (5)  

The counting or constituency returning officer must so far as practicable

 

proceed continuously with the counting of votes, allowing only time for

 

refreshment, except that—

 

(a)    

the officer may exclude the whole or any part of the period between

 

7 pm and 9 am on the next day;

 

(b)    

the officer may exclude a day mentioned in rule 2(1) of the referendum

 

rules.

 

      (6)  

During the time so excluded the counting or constituency returning officer

 

must—

 

(a)    

place the ballot papers and other documents relating to the referendum

 

or Assembly election under the officer’s own seal and the seals of any

 

of the counting agents who want to affix their seals, and

 

(b)    

otherwise take proper precautions for the security of the papers and

 

documents.

 

      (7)  

This paragraph and paragraph 50 apply instead of rule 55 of the Assembly

 

Elections Rules.

 

Ballot papers placed in wrong ballot box

 

50         

Where separate ballot boxes are used for the referendum, the Assembly

 

constituency election and the Assembly regional election, the placing of a

 

ballot paper in the wrong ballot box does not render it void.

 

Declaration of result

 

Declaration

 

51         

The result of the referendum or an Assembly election may not be declared until

 

the statement as to the result of the verification of the ballot paper accounts in

 

relation to each poll has been prepared.

 

Disposal of documents etc

 

Packets of documents

 

52  (1)  

The counting officer may not open the sealed packets of—

 

(a)    

the completed corresponding number lists for an Assembly election,

 

or

 

(b)    

marked copies of the register of electors (including any marked copy

 

notices issued under section 13B(3B) or (3D) of the 1983 Act), and

 

lists of proxies, for an Assembly election.

 

      (2)  

Rule 66(3) of the Assembly Elections Rules has effect as if sub-paragraphs (b)

 

and (d) were omitted.

 

Delivery and retention of documents

 

53  (1)  

Rules 49(1)(a) and 51 of the referendum rules apply to the specified

 

documents.

 

      (2)  

The specified documents are those specified in rule 67(1)(e), (f) and (h) of the

 

Assembly Elections Rules.

 

      (3)  

Rule 68 of the Assembly Elections Rules applies to the specified documents as

 

if references to the relevant registration officer were to the registration officer

 

to whom the documents were forwarded under rule 49(1)(a) of the referendum

 

rules.


 
 

Committee of the whole House Proceedings: 25 October 2010    

161

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

      (4)  

Except for the purposes of this paragraph, rule 67 of the Assembly Elections

 

Rules has effect as if it did not include a reference to the specified documents

 

(and as if paragraph (2) were omitted).

 

      (5)  

Rule 68(8) of the Assembly Elections Rules has effect as if after “rule” there

 

were inserted “(or a court order)”.

 

Countermand or abandonment of poll on death of candidate

 

54         

Where an Assembly election is countermanded, or polling is abandoned,

 

because of the death of a candidate, this does not affect the poll for the

 

referendum.

 

55  (1)  

Rule 76 of the Assembly Elections Rules has effect as if it were modified in

 

accordance with sub-paragraphs (2) to (4).

 

      (2)  

In paragraph (2) after “constituency returning officer” insert “or counting

 

officer”.

 

      (3)  

For paragraph (3) substitute—

 

“(3)    

After the close of any polls that are being taken together with the poll

 

that has been abandoned, the counting officer must—

 

(a)    

separate the ballot papers for the abandoned poll, and

 

(b)    

deliver or cause to be delivered to the constituency returning

 

officer the ballot papers and other documents relating to the

 

abandoned poll.

 

(3A)    

Paragraphs (4) to (9) apply in relation to the election for which the poll

 

has been abandoned.”

 

      (4)  

Sub-paragraph (3) applies instead of rule 76(10) of the Assembly Elections

 

Rules.

 

Part 2

 

Application of provisions about issue and receipt of postal ballot papers

 

56  (1)  

For the purposes of the combined polls, Schedule 3 to the National Assembly

 

for Wales (Representation of the People) Order 2007 (S.I. 2007/236) applies—

 

(a)    

with the modifications shown in the table, and

 

(b)    

with any other necessary modifications, including in particular those

 

set out in sub-paragraph (2).

 

      (2)  

Except where the context otherwise requires—

 

(a)    

in relation to the referendum or an Assembly election, a reference to a

 

provision has effect as a reference to that provision as it applies for the

 

purposes of the referendum or election;

 

(b)    

expressions used in relation to the referendum under section 1 are to

 

be construed in accordance with the definitions in section 5 and rule

 

52 of the referendum rules.

 

      (3)  

In the Representation of the People (England and Wales) Regulations 2001

 

(S.I. 2001/341) as they apply in relation to the referendum by virtue of

 

Schedule 4—

 

(a)    

regulation 61B(3)(a) has effect as if for the words after “postal ballot

 

papers” there were substituted “in accordance with paragraph 23(4) or

 

24(3)(a) of Schedule 3 to the National Assembly for Wales

 

(Representation of the People) Order 2007”;

 

(b)    

regulation 116(1) has effect as if for “regulation 91 above” there were

 

substituted “paragraph 31 of Schedule 3 to the National Assembly for

 

Wales (Representation of the People) Order 2007”.


 
 

Committee of the whole House Proceedings: 25 October 2010    

162

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

Provision

Modification

 
 

Paragraph 1 (interpretation)

For the definition of “agent” substitute—

 
  

““agent”, except in paragraph 6(2) to (8)—

 
  

(a)    

in relation to an Assembly

 
  

election, includes an election

 
  

agent and a person appointed to

 
  

attend in the election agent’s

 
  

place;

 
  

(b)    

in relation to the referendum,

 
  

means a referendum agent or an

 
  

agent appointed under paragraph

 
  

6(2).”

 
  

In the appropriate places insert—

 
  

““postal voters list” includes the list kept

 
  

under paragraph 5(2) of Schedule 3 to the

 
  

Parliamentary Voting System and

 
  

Constituencies Act 2010;”;

 
  

““proxy postal voters list” includes the list

 
  

kept under or paragraph 8(6) of Schedule

 
  

3 to the Parliamentary Voting System

 
  

and Constituencies Act 2010;”;

 
  

““relevant returning or counting officer”

 
  

means—

 
  

(a)    

in a case where proceedings on

 
  

the issue and receipt of postal

 
  

ballot papers are taken together

 
  

by virtue of paragraph 2, the

 
  

counting officer;

 
  

(b)    

in any other case, the

 
  

constituency returning officer, in

 
  

relation to an Assembly election,

 
  

or the counting officer, in

 
  

relation to the referendum;”.

 
 

Paragraph 2 (combination of

For paragraph 2 substitute—

 
 

polls)

“2      

Combination of polls

 
  

Proceedings on the issue and receipt of postal

 
  

ballot papers in respect of the Assembly elections

 
  

and the referendum may, if the constituency

 
  

returning officer and the counting officer think

 
  

fit, be taken together.”

 
 

Paragraph 3 (form of postal

Omit the whole paragraph.

 
 

voting statement)

  
 

Paragraph 4 (regional

Omit the whole paragraph.

 
 

elections)

  
 

Paragraph 5 (persons entitled to

For “constituency returning officer” substitute “relevant

 
 

be present at proceedings on

returning or counting officer”.

 
 

issue of postal ballot papers)

  
 

Paragraph 6 (persons entitled to

For sub-paragraph (1) substitute—

 
 

be present at proceedings on

(1)    

In a case where proceedings on the receipt of

 
 

receipt of postal ballot papers)

postal ballot papers are taken together by virtue

 
  

of paragraph 2, the only persons who may be

 
  

present at those proceedings are the appropriate

 
  

persons in relation to the Assembly elections and

 
  

the referendum.

 
  

(1A)    

In any other case, the only persons who may be

 
  

present at the proceedings on the receipt of postal

 
  

ballot papers—

 
  

(a)    

in respect of the Assembly elections, are

 
  

the appropriate persons in relation to

 
  

those elections;

 
  

(b)    

in respect of the referendum, are the

 
  

appropriate persons in relation to the

 
  

referendum.

 
  

(1B)    

The following are appropriate persons in relation

 
  

to the Assembly elections—

 
  

(a)    

the constituency returning officer and his

 
  

clerks;

 
  

(b)    

the regional returning officer;

 
  

(c)    

the candidates;

 
  

(d)    

the election agents;

 
  

(e)    

any person appointed by a constituency

 
  

candidate to attend in his election agent’s

 
  

place;

 
  

(f)    

any person appointed by an individual

 
  

candidate at the regional election to

 
  

attend in his election agent’s place;

 
  

(g)    

any person appointed by the election

 
  

agent of a registered political party

 
  

standing nominated or by the registered

 
  

nominating officer of that party to attend

 
  

in the place of that party’s election agent

 
  

at the regional election;

 
  

(h)    

any agents appointed under sub-

 
  

paragraph (2).

 
  

(1C)    

The following are appropriate persons in relation

 
  

to the referendum—

 
  

(a)    

the counting officer;

 
  

(b)    

the counting officer’s clerks;

 
  

(c)    

the referendum agents and any agents

 
  

appointed under sub-paragraph (2).

 
  

(1D)    

This paragraph is without prejudice to section

 
  

6A, 6B, 6C, 6D or 6E of the 2000 Political Parties

 
  

Act.”

 
  

In sub-paragraphs (2) to (7), for “constituency returning

 
  

officer” (in each place) substitute “relevant returning or

 
  

counting officer”.

 
  

Omit sub-paragraph (4).

 
  

After sub-paragraph (7) insert—

 
  

“(7A)    

In relation to the referendum, in sub-paragraph

 
  

(2), (3), (5) or (8) a reference to a candidate in a

 
  

constituency election is to be read as a reference

 
  

to a referendum agent.”

 
  

In sub-paragraph (9), for “the candidates or their agents”

 
  

substitute “any persons mentioned in sub-paragraphs

 
  

(1B)(c) to (h) or (1C)(c)”.

 
 

Paragraph 7 (notification of

For paragraph 7 substitute—

 
 

requirement of secrecy)

“7      

Notification of requirements of secrecy

 
  

(1)    

In a case where proceedings on the issue and

 
  

receipt of postal ballot papers are taken together

 
  

by virtue of paragraph 2, the counting officer

 
  

shall make such arrangements as he thinks fit to

 
  

ensure that every person attending the

 
  

proceedings in connection with the issue or

 
  

receipt of postal ballot papers has been given a

 
  

copy in writing of—

 
  

(a)    

the provisions of article 35(4) and (6);

 
  

and

 
  

(b)    

the provisions of subsections (4) and (6)

 
  

of section 66 of the 1983 Act as they

 
  

apply in relation to the referendum.

 
  

(2)    

In any other case—

 
  

(a)    

the constituency returning officer shall

 
  

make such arrangements as he thinks fit

 
  

to ensure that every person attending

 
  

proceedings in connection with the issue

 
  

or receipt of postal ballot papers for the

 
  

Assembly elections has been given a

 
  

copy in writing of the provisions of

 
  

article 35(4) and (6);

 
  

(b)    

the counting officer shall make such

 
  

arrangements as he thinks fit to ensure

 
  

that every person attending proceedings

 
  

in connection with the issue or receipt of

 
  

postal ballot papers for the referendum

 
  

has been given a copy in writing of the

 
  

provisions of subsections (4) and (6) of

 
  

section 66 of the 1983 Act as they apply

 
  

to the referendum.”

 
 

Paragraph 8 (time when postal

In sub-paragraph (1), after “voting statement” insert “for

 
 

ballot papers are to be issued)

an Assembly election”.

 
  

After sub-paragraph (1) insert—

 
  

“(1A)  

In the case of a person within entry 2, 3 or 4 of

 
  

the table in paragraph 5(2) of Schedule 3 to the

 
  

Parliamentary Voting System and

 
  

Constituencies Act 2010 or entry 2, 3 or 4 of

 
  

the table in paragraph 8(6) of that Schedule

 
  

(electors and proxies entitled to vote by post

 
  

for an indefinite or definite period), no postal

 
  

ballot paper and postal voting statement for the

 
  

referendum shall be issued until after 5 pm on

 
  

the eleventh day before the date of the poll

 
  

(computed in accordance with paragraph 7(6)

 
  

of Schedule 1 to this Order).”

 
  

In sub-paragraph (2), omit “by the constituency returning

 
  

officer”.

 
 

Paragraph 9 (procedure on

In sub-paragraph (2), omit “Where an elector is entitled

 
 

issue of postal ballot papers)

to give two votes”.

 
  

For sub-paragraph (5) substitute—

 
  

“(5)    

Sub-paragraphs (5A) and (5B) apply where—

 
  

(a)    

proceedings on the issue of postal ballot

 
  

papers are taken together by virtue of

 
  

paragraph 2; and

 
  

(b)    

a combined postal voters list or proxy

 
  

postal voters list is produced by virtue of

 
  

paragraph 32 of Schedule [Combination

 
  

of polls: Wales] to the Parliamentary

 
  

Voting System and Constituencies Act

 
  

2010.

 
  

(5A)    

In a case where a postal ballot paper is issued at

 
  

the same time in respect of the Assembly

 
  

elections and the referendum, a single mark must

 
  

be placed in the list under sub-paragraph (3).

 
  

(5B)    

In any other case, a mark must be placed in the

 
  

list under sub-paragraph (3) identifying the poll

 
  

to which each postal ballot paper issued relates.

 
  

(5C)    

Where proceedings on the issue of postal ballot

 
  

papers are taken together by virtue of paragraph

 
  

2, the number of each postal ballot paper issued

 
  

shall be marked on the postal voting statement

 
  

under paragraph (4).”

 
  

In sub-paragraph (6), for the words from the beginning to

 
  

“but” substitute “Where”.

 
  

In sub-paragraph (8)—

 
  

(a)    

after “sub-paragraph (7)” insert “in relation to an

 
  

Assembly election”;

 
  

(b)    

at the end insert—

 
  

    

“and, in relation to the referendum, the items

 
  

specified in sub-paragraph (7) must be sent to

 
  

the address to which postal ballot papers should

 
  

be sent as mentioned in column 3 of the table in

 
  

paragraph 5(2) or 8(6) of Schedule 3 to the

 
  

Parliamentary Voting System and Constituencies

 
  

Act 2010.”

 
 

Paragraph 10 (refusal to issue

For “constituency returning officer” substitute “relevant

 
 

postal ballot papers)

returning or counting officer”.

 
  

After “election” insert “or the referendum”.

 
 

Paragraph 11 (envelopes)

In sub-paragraph (1)—

 
  

(a)    

for “constituency returning officer” substitute

 
  

“relevant returning or counting officer”;

 
  

(b)    

after “Schedule 5” insert “or rule 11 of the

 
  

referendum rules”.

 
  

In sub-paragraph (2)—

 
  

(a)    

for “constituency returning officer” substitute

 
  

“relevant returning or counting officer”;

 
  

(b)    

in paragraph (c), at the beginning insert “unless

 
  

the envelope has a window through which the

 
  

number on the ballot paper (or ballot papers) can

 
  

be displayed,”.

 
  

In sub-paragraph (3), for the words from the beginning to

 
  

“but” substitute “Where”.

 
 

Paragraph 12 (sealing up of

In sub-paragraph (1), for “constituency returning officer”

 
 

completed corresponding

substitute “relevant returning or counting officer”.

 
 

number lists)

  
  

In sub-paragraph (2), for “returning officer” substitute

 
  

“relevant returning or counting officer”.

 
 

Paragraph 13 (delivery of

In sub-paragraph (1)—

 
 

postal ballot papers)

(a)    

for “constituency returning officer” substitute

 
  

“relevant returning or counting officer”;

 
  

(b)    

in paragraph (c), after “Schedule 5” insert “or

 
  

rule 13 of the referendum rules”.

 
  

In sub-paragraph (2), for “constituency returning officer”

 
  

substitute “relevant returning or counting officer”.

 
 

Paragraph 14 (spoilt postal

For “constituency returning officer” (in each place)

 
 

ballot papers)

substitute “relevant returning or counting officer”.

 
  

In sub-paragraph (2)(b), for “election” substitute “poll”.

 
 

Paragraph 15 (lost postal ballot

For “constituency returning officer” (in each place)

 
 

papers)

substitute “relevant returning or counting officer”.

 
  

In sub-paragraph (3)(b), for “election” substitute “poll”.

 
 

Paragraph 16 (notice of

In sub-paragraph (1)—

 
 

opening of postal ballot paper

(a)    

for “constituency returning officer” substitute

 
 

envelopes)

“relevant returning or counting officer”;

 
  

(b)    

for paragraphs (a) and (b) substitute “each of the

 
  

persons mentioned in sub-paragraph (1A)”.

 
  

After sub-paragraph (1) insert—

 
  

“(1A)    

The persons are—

 
  

(a)    

in relation to the constituency election,

 
  

the candidates;

 
  

(b)    

in relation to the regional election, the

 
  

individual candidates and the election

 
  

agent for each registered party standing

 
  

nominated;

 
  

(c)    

in relation to the referendum, the

 
  

referendum agents.”

 
  

In sub-paragraph (2)(b), after “party” insert “or

 
  

referendum agent (as the case may be)”.

 
 

Return of postal ballot papers

After paragraph 16 insert—

 
 

etc

“16A  

Return of postal ballot papers etc

 
  

(1)    

A postal ballot paper shall not be taken to be duly

 
  

returned for the purposes of Part 1 of Schedule

 
  

[Combination of polls: Wales] to the

 
  

Parliamentary Voting System and Constituencies

 
  

Act 2010 unless—

 
  

(a)    

before the close of the poll—

 
  

(i)    

it is returned by hand or post and

 
  

reaches the relevant returning or

 
  

counting officer; or

 
  

(ii)    

it is returned by hand to a polling

 
  

station in the constituency or

 
  

voting area for which the officer

 
  

acts;

 
  

(b)    

the postal voting statement duly signed

 
  

is, before that time, also returned

 
  

either—

 
  

(i)    

by hand or post and reaches the

 
  

relevant returning or counting

 
  

officer; or

 
  

(ii)    

by hand and reaches such a

 
  

polling station;

 
  

(c)    

the postal voting statement also states the

 
  

date of birth of the elector or, as the case

 
  

may be, proxy; and

 
  

(d)    

in a case where the relevant returning or

 
  

counting officer takes steps to verify the

 
  

date of birth and signature of the elector

 
  

or, as the case may be, proxy in

 
  

accordance with paragraph 23 or, as the

 
  

case may be, paragraph 24, he so verifies

 
  

the date of birth and signature of that

 
  

elector or, as the case may be, proxy.

 
  

(2)    

The presiding officer of the polling station shall

 
  

deliver or cause to be delivered any postal ballot

 
  

paper or postal voting statement returned to that

 
  

polling station to the relevant returning or

 
  

counting officer in the same manner and at the

 
  

same time as he delivers, or causes to be

 
  

delivered, the packets referred to in rule 53 of

 
  

Schedule 5 or rule 37 of the referendum rules.

 
  

(3)    

The relevant returning or counting officer may

 
  

collect, or cause to be collected, any postal ballot

 
  

paper or postal voting statement which by virtue

 
  

of sub-paragraph (2) the presiding officer of a

 
  

polling station would otherwise be required to

 
  

deliver or cause to be delivered to him.

 
  

(4)    

Where the relevant returning or counting officer

 
  

collects, or causes to be collected, any postal

 
  

ballot paper or postal voting statement in

 
  

accordance with sub-paragraph (3) the presiding

 
  

officer shall first make it (or them) up into a

 
  

packet (or packets) sealed with his own seal and

 
  

the seals of such polling agents as are present and

 
  

desire to affix their seals.”

 
 

Paragraph 17 (postal ballot

For “constituency returning officer” (in each place)

 
 

boxes and receptacles)

substitute “relevant returning or counting officer”.

 
  

For sub-paragraph (2) substitute—

 
  

“(2)    

Each of those ballot boxes—

 
  

(a)    

shall be marked “postal voter’s ballot

 
  

box” or “postal ballot box” as

 
  

appropriate;

 
  

(b)    

shall be marked with the name of each

 
  

constituency, electoral region or voting

 
  

area in relation to which it is to be used.”

 
  

In sub-paragraph (4), after “shall then” insert “lock the

 
  

ballot box (if it has a lock) and”.

 
 

Paragraph 18 (receipt of

In sub-paragraphs (1) and (2), for “constituency

 
 

covering envelope)

returning officer” substitute “relevant returning or

 
  

counting officer”.

 
 

Paragraph 19 (opening of

In sub-paragraphs (1) and (2), for “constituency

 
 

postal voters’ ballot box)

returning officer” substitute “relevant returning or

 
  

counting officer”.

 
  

In sub-paragraph (3), for “votes under rule 55 of the

 
  

Schedule 5” substitute “ballot papers”.

 
 

Paragraph 20 (opening of

For “constituency returning officer” (in each place)

 
 

covering envelopes)

substitute “relevant returning or counting officer”.

 
 

Paragraph 21 (confirming

For “constituency returning officer” (in each place)

 
 

receipt of postal voting

substitute “relevant returning or counting officer”.

 
 

statements)

  
  

In sub-paragraph (2)(a), for “returning officer” substitute

 
  

“relevant returning or counting officer”.

 
 

Paragraph 22 (procedure in

For “constituency returning officer” (in each place)

 
 

relation to postal voting

substitute “relevant returning or counting officer”.

 
 

statements)

  
  

After sub-paragraph (3) insert—

 
  

“(3A)    

Before placing the statement in the receptacle for

 
  

rejected votes, the relevant returning or counting

 
  

officer shall show it to the agents and, if any of

 
  

them object to his decision, he shall add the

 
  

words “rejection objected to”.”

 
 

Paragraph 23 (procedure in

For “constituency returning officer” (in each place)

 
 

relation to postal voting

substitute “relevant returning or counting officer”.

 
 

statements: personal identifier

  
 

verification)

  
 

Paragraph 24 (postal voting

For “constituency returning officer” or “returning

 
 

statements: additional personal

officer” (in each place) substitute “relevant returning or

 
 

identifier verification)

counting officer”.

 
  

In sub-paragraph (4), for “reseal the postal ballot box”

 
  

substitute “lock the postal ballot box (if it has a lock) and

 
  

reseal it”.

 
 

Paragraph 25 (opening of ballot

In sub-paragraph (1), for “constituency returning officer”

 
 

paper envelopes)

substitute “relevant returning or counting officer”.

 
 

Paragraph 26 (retrieval of

In sub-paragraph (1), for “constituency returning officer”

 
 

cancelled postal ballot papers)

substitute “relevant returning or counting officer”.

 
  

In sub-paragraph (2)(f)—

 
  

(a)    

for “votes under rule 55 of Schedule 5”

 
  

substitute “ballot papers”;

 
  

(b)    

for “reseal the postal ballot box” substitute “lock

 
  

the postal ballot box (if it has a lock) and reseal

 
  

it”.

 
 

Paragraph 27 (list of rejected

In sub-paragraph (1), for “, the constituency returning

 
 

postal ballot papers)

officer” substitute “and in respect of the referendum, the

 
  

relevant returning or counting officer”.

 
 

Paragraph 28 (checking of lists

For “constituency returning officer” (in each place)

 
 

of rejected postal ballot papers)

substitute “the relevant returning or counting officer”.

 
  

In sub-paragraph (3), at the end insert “or voting area

 
  

under rule 37 of the referendum rules”.

 
 

Paragraph 29 (sealing of

In sub-paragraph (1), for “constituency returning officer”

 
 

receptacles)

substitute “the relevant returning or counting officer”.

 
 

Paragraph 30 (abandoned poll)

In sub-paragraph (2), for “election” substitute “poll”.

 
 

Paragraph 31 (forwarding or

In sub-paragraph (1)—

 
 

retention of documents)

(a)    

for the words before sub-paragraph (a) substitute

 
  

“The relevant returning or counting officer shall

 
  

forward to the registration officer to whom he

 
  

forwards the documents mentioned in rule 67 of

 
  

Schedule 5 or rule 49 of the referendum rules, at

 
  

the same time as he forwards those documents”;

 
  

(b)    

in paragraph (a), for the words from “the

 
  

election to which” to the end substitute “each

 
  

election or referendum and the area to which the

 
  

packet relates”;

 
  

(c)    

in paragraph (b), at the end insert “in respect of

 
  

each Assembly election, and a completed

 
  

statement in the form set out in Form 10 in Part 3

 
  

of Schedule [Combination of polls: Wales] to the

 
  

Parliamentary Voting System and Constituencies

 
  

Act 2010 in respect of the referendum”.

 
 

In sub-paragraph (2)—

 
  

(a)    

for “constituency returning officer” (in both

 
  

places) substitute “relevant returning or counting

 
  

officer”;

 
  

(b)    

for “rule 55(7) of Schedule 5” substitute

 
  

“paragraph 16A(2)”.

 
 

In sub-paragraph (3), for “Rules 68 and 69 of Schedule

 
  

5” substitute “The rules specified in paragraph (3A)”.

 
 

After sub-paragraph (3) insert—

 
  

“(3A)    

The rules are—

 
  

(a)    

in a case where proceedings on the issue

 
  

and receipt of postal ballot papers are

 
  

taken together by virtue of paragraph 2—

 
  

(i)    

rule 50 of the referendum rules

 
  

and rule 68 of Schedule 5, and

 
  

(ii)    

rule 51 of the referendum rules;

 
  

(b)    

in any other case—

 
  

(i)    

rule 50 of the referendum rules

 
  

or (as the case may be) rule 68 of

 
  

Schedule 5, and

 
  

(ii)    

rule 51 of the referendum rules

 
  

or (as the case may be) rule 69 of

 
  

Schedule 5.”

 
 

In sub-paragraph (4), for “constituency returning officer”

 
  

substitute “relevant returning or counting officer”.

 
 

In Schedule 10, Form CD

In a case 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,

 
  

for “returning officer” in each place substitute “counting

 
  

officer”.

 

 
 

Committee of the whole House Proceedings: 25 October 2010    

163

 

Parliamentary Voting System and Constituencies Bill, continued


 
 

Committee of the whole House Proceedings: 25 October 2010    

164

 

Parliamentary Voting System and Constituencies Bill, continued


 
 

Committee of the whole House Proceedings: 25 October 2010    

165

 

Parliamentary Voting System and Constituencies Bill, continued


 
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