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
187

Parliamentary Voting System and Constituencies Bill, continued

(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 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).

Committee of the whole House Proceedings: 25 October 2010
188

Parliamentary Voting System and Constituencies Bill, continued

      (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

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.

Committee of the whole House Proceedings: 25 October 2010
189

Parliamentary Voting System and Constituencies Bill, continued

      (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.

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 Proceedings: 25 October 2010
190

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 Proceedings: 25 October 2010
191

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 Proceedings: 25 October 2010
192

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.

Committee of the whole House Proceedings: 25 October 2010
193

Parliamentary Voting System and Constituencies Bill, continued

      (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, or

(b)
rule 48(4) 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 48(9) of the Scottish Parliamentary Election Rules.

Tendered votes list

35  (1)
If the counting officer thinks fit, a single tendered votes list may be used in

respect of—

(a)
tendered referendum ballot papers,

(b)
tendered constituency ballot papers, and

(c)
tendered regional ballot papers.

      (2)
Where a person’s entry in that list does not relate to all three kinds of tendered

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

      (3)
In this paragraph “tendered votes list” means a list compiled under—

(a)
rule 32(7) of the referendum rules, or

(b)
rule 49(8) 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 49(12) of the Scottish Parliamentary Election Rules.

Lists relating to correction of errors on day of poll

36  (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 in

respect of—

(a)
referendum ballot papers,

(b)
constituency ballot papers, and

(c)
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 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, or

(b)
rule 51 of the Scottish Parliamentary Election Rules.

Notice of adjournment in case of riot

37
Rule 52(1) of the Scottish Parliamentary Election Rules has effect as if

“counting officer” were substituted for “constituency returning officer”.

Procedure on close of poll

38  (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 a Scottish

parliamentary election.

      (2)
In rule 53(1) of the Scottish Parliamentary Election Rules—

(a)
the reference to polling agents includes a reference to polling agents

appointed for the purposes of the referendum, and

(b)
sub-paragraph (g) does not apply.

39  (1)
A packet made up under one of the following provisions may not be combined

with a packet made up under another of those provisions.



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