Parliamentary Voting System and Constituencies Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Parliamentary Voting System and Constituencies Bill

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
111

Provision
Modification

In paragraph (4), for “Schedule 4” substitute “Part 1

of Schedule 3 to the Parliamentary Voting System

and Constituencies Act 2010”.

In paragraph (4A), for sub-paragraphs (a) and (b)

5

substitute—

“(a)
paragraph 4(5)(a) of Schedule 3 to

the Parliamentary Voting System

and Constituencies Act 2010 by a

person shown as voting by post in

10

the record mentioned in that

provision; or

(b)
paragraph 8(5) of that Schedule by

a person shown as voting by post

in the record mentioned in that

15

provision,”.

Omit paragraph (4B).

In paragraph (5), for “a particular parliamentary or

local government election” substitute “the

referendum”.

20

For paragraph (6) substitute—

    “(6)
Where the registration officer is not the

counting officer for any voting area or

part of a voting area in the area for which

he is the registration officer, he shall send

25

to that officer details of any application to

vote by post which he has granted as soon

as practicable after doing so.”

Regulation 59 (cancellation
For the words from “by notice given” to the end

of proxy appointment)
substitute “under paragraph 6(6) of Schedule 3 to

30

the Parliamentary Voting System and

Constituencies Act 2010, or otherwise ceases to be

in force by virtue of that provision, the registration

officer shall notify the person who was the proxy,

unless the registration officer has previously been

35

notified by that person that he no longer wishes to

act as proxy.”

Regulation 60A(7) to (9)
In paragraph (7), for the words from “from the

(requirement to provide
records” to the end substitute “from the postal

fresh signatures at five
voters list, list of proxies or proxy postal voters list

40

yearly intervals)
(as the case may be) kept under paragraph 5(2), 5(3)

or 8(6) of Schedule 3 to the Parliamentary Voting

System and Constituencies Act 2010”.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
112

Provision
Modification

In paragraph (8)—

(a)
in sub-paragraph (a), for “the appropriate

rules (as defined in paragraph 1 of Schedule

4)” substitute “the referendum rules”;

5

(b)
in sub-paragraph (b), omit “and regulation

58”;

(c)
in sub-paragraph (b), for “Schedule 4”

substitute “Part 1 of Schedule 3 to the

Parliamentary Voting System and

10

Constituencies Act 2010”.

In paragraph (9), for the words from “removal

from” to the end substitute “removal from the

postal voters list, list of proxies or proxy postal

voters list (as the case may be) kept under

15

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

Parliamentary Voting System and Constituencies

Act 2010, information—

(a)
explaining the effect of such removal;

and

20

(b)
reminding the absent voter that he

may make a fresh application to vote

by post or by proxy (as the case may

be).”

Regulation 61 (records and
In paragraph (1), for the words from “any of the

25

lists kept under Schedule 4)
following” to the end substitute “the current or final

version of the postal voters list, the list of proxies or

the proxy postal voters lists which he is required to

keep under paragraph 5(2), 5(3) or 8(6) of Schedule

3 to the Parliamentary Voting System and

30

Constituencies Act 2010.”

In paragraph (5), for “paragraph 5(2) of Schedule 4”

substitute “paragraph 5(2) of Schedule 3 to the

Parliamentary Voting System and Constituencies

Act 2010”.

35

In paragraph (6)—

(a)
in sub-paragraph (a), for “paragraphs 5 and

7(8) of Schedule 4” substitute “paragraphs 5

and 8(6) of Schedule 3 to the Parliamentary

Voting System and Constituencies Act

40

2010”;

(b)
for sub-paragraph (b) substitute—

“(b)
if he is not the counting officer for

any voting area or part of a voting

area in the area for which he is the

45

registration officer, send to that

officer a copy of those lists;”.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
113

Provision
Modification

In paragraph (7), for “paragraph 5(3) of Schedule 4”

substitute “paragraph 5(3) of Schedule 3 to the

Parliamentary Voting System and Constituencies

Act 2010”.

5

Regulation 61A (conditions
For “regulations 61(1)(a) and (b)” substitute

on the use, supply and
“regulation 61(1)”.

inspection of absent voter

records or lists)

Regulation 61B (personal
For paragraph (1) substitute—

10

identifiers record)
“(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

15

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

20

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.”

25

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).”

30

Regulation 62 (marked

register for polling stations)

Regulation 64
For the definition of “agent” substitute—

(interpretation of Part 5)
““agent”, except in regulation

69, means a referendum

35

agent or an agent appointed

under that regulation;”.

In the definition of “valid postal voting statement”,

for “returning officer” substitute “counting officer”.

Regulation 67 (persons
For “returning officer” substitute “counting officer”.

40

entitled to be present at

proceedings on issue of

postal ballot papers)

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
114

Provision
Modification

Regulation 68 (persons
For sub-paragraphs (a) to (c) substitute—

entitled to be present at
“(a)
the counting officer and his clerks,

proceedings on receipt of
(b)
a referendum agent,”.

postal ballot papers)

5

Regulation 69 (agents of
Before paragraph (1) insert—

candidates who may attend
   “(A1)
A reference in this regulation to a

proceedings on receipt of
candidate is to be read as a reference to a

postal ballot papers)
referendum agent.”

For “returning officer” (in each place) substitute

10

“counting officer”.

Omit paragraph (5).

Regulation 70 (notification
For “returning officer” substitute “counting officer”.

of requirement of secrecy)

Regulation 71 (time when
For paragraph (1) substitute—

15

postal ballot papers are to be
    “(1)
In the case of a person within entry 2, 3 or

issued)
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

20

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) shall be

issued until after 5 pm on the eleventh day

25

before the date of the poll (computed in

accordance with regulation 56(6) above).”

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

“counting officer”.

Regulation 72 (procedure on
In paragraph (8), for sub-paragraphs (a) and (b)

30

issue of postal ballot papers)
substitute “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.”

Regulation 73 (refusal to
For “returning officer” substitute “counting officer”.

35

issue ballot paper)

For “at any one election” substitute “for the

referendum”.

Regulation 74 (envelopes)
In paragraph (1), for “rule 24 of the elections rules”

substitute “rule 12 of the referendum rules”.

40

Regulation 75 (sealing up of
For “returning officer” (in both places) substitute

completed corresponding
“counting officer”.

number lists)

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
115

Provision
Modification

Regulation 76 (delivery of
In paragraph (1)—

postal ballot papers)
(a)
for “returning officer” substitute “counting

officer”;

(b)
in sub-paragraph (c), for “rule 26(1) of the

5

elections rules” substitute “rule 14 of the

referendum rules”.

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

“counting officer”.

Regulation 77 (spoilt postal
For “returning officer” (in each place) substitute

10

ballot papers)
“counting officer”.

Regulation 78 (lost postal
For “returning officer” (in each place) substitute

ballot papers)
“counting officer”.

Regulation 79 (alternative
For “returning officer” (in each place) substitute

means of returning postal
“counting officer”.

15

ballot paper or postal voting

statement)

In the England and Wales Regulations, in

paragraph (1), for “rule 45(1B) of the rules in

Schedule 1 to the 1983 Act” substitute “rule 40(3) of

20

the referendum rules”.

In the England and Wales Regulations, in

paragraph (3), for “rule 43(1) of the elections rules”

substitute “rule 38(1) of the referendum rules”.

In the Scotland Regulations, in paragraph (1), for

25

“rule 45(1B) of the elections rules” substitute “rule

40(3) of the referendum rules”.

In the Scotland Regulations, in paragraph (2), for

“rule 43(1) of the elections rules” substitute “rule

38(1) of the referendum rules”.

30

Regulation 80 (notice of
In paragraph (1)—

opening of postal ballot
(a)
for “returning officer” substitute “counting

paper envelopes)
officer”;

(b)
for “candidate” substitute “referendum

agent”.

35

In paragraph (2)(b), for “candidate” substitute

“referendum agent”.

Regulation 81 (postal ballot
For “returning officer” (in each place) substitute

boxes and receptacles)
“counting officer”.

In paragraph (2), for the words from “constituency”

40

to the end substitute “voting area”.

In paragraph (4), after “lock the ballot box” insert

“(if it has a lock)”.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
116

Provision
Modification

Regulation 82 (receipt of
For “returning officer” (in both places) substitute

covering envelope)
“counting officer”.

Regulation 83 (opening of
In paragraphs (1) and (2), for “returning officer”

postal voters’ ballot box)
substitute “counting officer”.

5

In paragraph (3), for “rule 45 of the elections rules”

substitute “rule 40 of the referendum rules”.

Regulation 84 (opening of
For “returning officer” (in each place) substitute

covering envelopes)
“counting officer”.

Regulation 84A (confirming
For “returning officer” (in each place) substitute

10

receipt of postal voting
“counting officer”.

statements)

Regulation 85 (procedure in
For “returning officer” (in each place) substitute

relation to postal voting
“counting officer”.

statements)

15

Regulation 85A (procedure
For “returning officer” (in each place) substitute

in relation to postal voting
“counting officer”.

statements: personal

identifier verification)

Regulation 85B (postal
For “returning officer” (in each place) substitute

20

voting statements:
“counting officer”.

additional personal

identifier verification)

In paragraph (4), for “lock and reseal the postal

ballot box” substitute “lock the postal ballot box (if

25

it has a lock) and reseal it”.

Regulation 86 (opening of
In paragraph (1), for “returning officer” substitute

ballot paper envelopes)
“counting officer”.

Regulation 86A (retrieval of
In paragraph (1), for “returning officer” substitute

cancelled postal ballot
“counting officer”.

30

papers)

In paragraph (2)(f), for “rule 45 of the elections

rules” substitute “rule 40 of the referendum rules”.

In paragraph (3), for “returning officer” substitute

“counting officer”.

35

Regulation 87 (list of
In paragraph (1), for “In respect of any election, the

rejected postal ballot papers)
returning officer” substitute “The counting officer”.

Regulation 88 (checking of
For “returning officer” (in each place) substitute

lists of rejected postal ballot
“counting officer”.

papers)

40

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
117

Provision
Modification

In paragraph (3), for the words from “in the

constituency” to the end substitute “in the voting

area under rule 38(4) of the referendum rules”.

Regulation 89 (sealing of
In paragraph (1), for “returning officer” substitute

5

receptacles)
“counting officer”.

Regulation 91 (forwarding
In the England and Wales Regulations, for

or retention of documents)
paragraph (1) substitute—

    “(1)
The counting officer shall forward to the

relevant registration officer appointed, at

10

the same time as he forwards the

documents mentioned in rule 50 of the

referendum rules—

(a)
any packets referred to in

regulations 75, 77(6), 78(2C), 84(9)

15

and 89 above, endorsing on each

packet a description of its

contents, the date of the

referendum and the name of the

voting area, and

20

(b)
a completed statement in Form K

of the number of postal ballot

papers issued.


In this paragraph “relevant registration

officer” has the meaning given by rule

25

50(3) of the referendum rules.”

In the England and Wales Regulations, in

paragraph (3), for “returning officer” (in both

places) substitute “counting officer”.

In the England and Wales Regulations, in

30

paragraph (4), for “Rules 56 and 57 of the elections

rules” substitute “Rules 51 and 52 of the

referendum rules”.

In the England and Wales Regulations, in

paragraph (5), for “returning officer” substitute

35

“counting officer”.