Parliamentary Voting System and Constituencies Bill

House of Commons

Session 2010 - 11
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Parliamentary Voting System and Constituencies Bill

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 4 — The 2008 Regulations (Northern Ireland)
132

Provision
Modification

Regulation 85 (opening of
In paragraphs (1) and (2), for “returning officer”

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

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

substitute “rule 40 of the referendum rules”.

5

Regulation 86 (opening of
For “returning officer” (in each place) substitute

covering envelopes)
“counting officer”.

Regulation 87 (procedure in
For “returning officer” (in each place) substitute

relation to declarations of
“counting officer”.

identity)

10

In paragraph (1)(b), for “rule 45(2)(b) and (2A) of

the elections rules)” substitute “rule 40(4)(b) and (5)

of the referendum rules”.

Regulation 88 (opening of
In paragraph (1), for “returning officer” substitute

ballot paper envelopes)
“counting officer”.

15

Regulation 89 (sealing of
For “returning officer” substitute “counting

receptacles)
officer”.

Regulation 91 (forwarding of
For paragraph (1) substitute—

documents)
    “(1)
The Chief Electoral Officer for Northern

Ireland shall retain, together with the

20

documents mentioned in rule 50 of the

referendum rules—

(a)
any packets referred to in

regulations 79, 81(5) and 89,

endorsing on each packet a

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description of its contents, the

date of the referendum and the

name of the voting area; and

(b)
a completed statement in Form

N.”

30

In paragraph (2), for “returning officer” (in both

places) substitute “counting officer”.

In paragraph (3), for “Rules 56 and 57 of the

elections rules” substitute “Rules 51 and 52 of the

referendum rules”.

35

Regulation 115
In paragraph (1), for “rule 57(1A) of the elections

(interpretation of Part 7)
rules” substitute “rule 50(1)(b) of the referendum

rules”.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 4 — The 2008 Regulations (Northern Ireland)
133

Provision
Modification

Regulation 116 (supply of
In paragraph (1)—

marked registers and lists
(a)
for the words from “regulation 99” to “local

after an election)
government election” substitute

“regulations 99, 105, 107 or 111, with copies

5

of the full register”;

(b)
at the end insert—


“The reference to a person entitled to be

supplied in accordance with regulation 105

with copies of the full register does not

10

include a person mentioned in regulation

105(1)(b).”

In paragraph (2)—

(a)
for the words from “regulation 102” to

“particular election” substitute “regulation

15

105(1)(a) or (c) applies before the

referendum”;

(b)
for “that election” substitute “the

referendum”.

In paragraph (6)(b), for “regulations 99, 102, 104,

20

105, 106, 107 or 111” substitute “regulations 99, 105,

107 and 111”.

Regulation 117 (inspection of
In paragraph (1)(b), for “an election” substitute “the

documents open to public
referendum”.

inspection)

25

Regulation 118 (conditions
In paragraph (2) omit “either” and at the end insert

on the use, supply and
“or any purpose in connection with the

disclosure of documents
referendum”.

open to public inspection)

Regulation 119 (fees relating

30

to the supply of marked

registers and lists)

In Schedule 3, Form N
For the heading substitute “REFERENDUM ON

THE VOTING SYSTEM FOR UNITED

KINGDOM PARLIAMENTARY

35

ELECTIONS”.

For “constituency” substitute “voting area”.

For “returning officer” (in each place) substitute

“counting officer”.

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 1 — Provision about combination
134

Schedule 5
Section 4

Combination of polls: England
Part 1
Provision about combination
General provisions
5
Interpretation
1     (1)
An election or local referendum the poll for which is, under section 4(1), to
be taken together with the poll for the referendum under section 1 is referred
to in this Schedule as a “relevant election”.
      (2)
The polls to be taken together are referred to in this Schedule as “combined
10
polls”.
      (3)
In relation to a local referendum, expressions used in this Part of this
Schedule are to be construed in accordance with the following table.

Expression
Meaning

“Counting agent”
Counting observer as defined by

15

regulation 2(1) of the Local Authorities

(Conduct of Referendums) (England)

Regulations 2007 (S.I. 2007/2089).

“Election agent”
Counting observer as defined by that

regulation.

20

“Polling agent”
Polling observer as defined by that

regulation.

“Returning officer”
Counting officer as defined by that

regulation.

“Elector”
Voter as defined by rule 2(1) of the Local

25

Referendums (Combination of Polls)

Rules.

2
In this Schedule—
“counting agent” means a counting agent for the referendum or a
counting agent for a relevant election (except where one or other is
30
specified);
“local authority” means—
(a)
a county council in England;
(b)
a district council;
(c)
a London borough council;
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(d)
a parish council;
“Local Elections (Combination of Polls) Rules” means the rules set out
in Schedule 3 to the Local Elections (Principal Areas) (England and
Wales) Rules 2006 (S.I. 2006/3304);

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 1 — Provision about combination
135

“local referendum” means a referendum held in England under Part 2
of the Local Government Act 2000;
“Local Referendums (Combination of Polls) Rules” means the rules set
out in Schedule 5 to the Local Authorities (Conduct of Referendums)
(England) Regulations 2007 (S.I. 2007/2089);
5
“Mayoral Elections (Combination of Polls) Rules” means the rules set
out in Schedule 3 to the Local Authorities (Mayoral Elections)
(England and Wales) Regulations 2007 (S.I. 2007/1024);
“Parish Elections (Combination of Polls) Rules” means the rules set out
in Schedule 3 to the Local Elections (Parishes and Communities)
10
(England and Wales) Rules 2006 (S.I. 2006/3305).
Functions to be performed by counting officer
3     (1)
The specified functions of a returning officer for a relevant election are to be
carried out instead by the counting officer for the voting area in which the
relevant election is to be held.
15
      (2)
The specified functions are those specified in regulation 5 of the
Representation of the People (Combination of Polls) (England and Wales)
Regulations 2004 (S.I. 2004/294) (so far as relating to relevant elections).
      (3)
This paragraph applies instead of regulation 4 of those regulations so far as
it relates to the functions of returning officers.
20
Attendance and conduct of observers
4
Section 6E of the 2000 Act has effect as if for subsection (4) there were
substituted—
“(4)
A relevant officer is—
(a)
in the case of proceedings at a polling station, the presiding
25
officer;
(b)
in the case of any other proceedings at the issue or receipt of
postal ballot papers, the relevant returning or counting
officer within the meaning of regulation 64 of the
Representation of the People (England and Wales)
30
Regulations 2001 (S.I. 2001/341);
(c)
in the case of any proceedings at the counting of votes, the
counting or returning officer responsible for counting the
votes under paragraph 44(1) or (3) of Schedule [Combination
of polls: England] to the Parliamentary Voting System and
35
Constituencies Act 2010;
(d)
in the case of any proceedings not mentioned in paragraph
(a), (b) or (c), the counting officer for the referendum on the
voting system for United Kingdom parliamentary elections;
(e)
such other person as a person mentioned in paragraph (a),
40
(b), (c) or (d) authorises for the purposes of the proceedings
mentioned in that paragraph.”
Cost of combined polls
5
The cost of taking the combined polls (excluding any cost solely attributable
to the referendum or to a particular relevant election), and any cost
45
attributable to their combination, is to be apportioned equally among them.

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 1 — Provision about combination
136

6     (1)
In section 36 of the 1983 Act (local authority elections), subsections (4), (5)
and (6) 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”),
5
and
(b)
as if, in relation to that counting officer, a reference to expenditure or
expenses were to expenditure or expenses in respect of transferred
functions.
      (2)
In fixing a scale under subsection (4) or (5) of that section a local authority
10
may include special provision in respect of expenditure incurred by a
counting officer in carrying out transferred functions (including expenditure
incurred in respect of the remuneration of presiding officers or clerks).
Application of other provisions about combination of polls
7     (1)
The following regulations have effect as if a reference to “a relevant election
15
or referendum” included a reference to the referendum under section 1.
      (2)
The regulations are—
(a)
the Local Elections (Principal Areas) (England and Wales) Rules
2006;
(b)
the Local Elections (Parishes and Communities) (England and
20
Wales) Rules 2006;
(c)
the Local Authorities (Conduct of Referendums) (England)
Regulations 2007;
(d)
the Local Authorities (Mayoral Elections) (England and Wales)
Regulations 2007.
25
      (3)
In relation to the referendum, expressions used in the regulations are to be
construed in accordance with the following table.

Expression
Meaning

“Counting agent”
Counting agent appointed

under rule 18 of the

30

referendum rules.

“Election agent”
Counting agent appointed

under rule 18 of the

referendum rules.

“Polling agent”
Polling agent appointed under

35

rule 18 of the referendum

rules.

“Voting area”
Voting area as defined by

section 7.

Forms
40
8
Forms 2, 3, 5, 6 and 8 in Part 3 of this Schedule are “relevant forms” for the
purposes of rule 10 of the referendum rules.

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 1 — Provision about combination
137

Action to be taken before poll
Corresponding number lists
9     (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.
5
      (2)
If the counting officer thinks fit, the lists to be prepared under the following
provisions may be combined in the form set out in Form 1 in Part 3 of this
Schedule—
(a)
rule 6 of the referendum rules;
(b)
rule 17 of the Local Elections (Combination of Polls) Rules;
10
(c)
rule 17 of the Parish Elections (Combination of Polls) Rules;
(d)
rule 8 of the Local Referendums (Combination of Polls) Rules;
(e)
rule 19 of the Mayoral Elections (Combination of Polls) Rules.
      (3)
In that case, this paragraph applies instead of—
(a)
rule 6(2) of the referendum rules;
15
(b)
rule 17(2) of the Local Elections (Combination of Polls) Rules;
(c)
rule 17(2) of the Parish Elections (Combination of Polls) Rules;
(d)
rule 8(3) of the Local Referendums (Combination of Polls) Rules;
(e)
rule 19(2) of the Mayoral Elections (Combination of Polls) Rules.
10    (1)
This paragraph applies where proceedings on the issue and receipt of postal
20
ballot papers are not 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 officer may prepare a single 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
25
following provisions—
(a)
rule 17(1) of the referendum rules;
(b)
rule 26(1) of the Local Elections (Combination of Polls) Rules;
(c)
rule 26(1) of the Parish Elections (Combination of Polls) Rules;
(d)
rule 17(1) of the Local Referendums (Combination of Polls) Rules;
30
(e)
rule 28 of the Mayoral Elections (Combination of Polls) Rules.
      (3)
The list must be in the form set out in Form 1 in Part 3 of this Schedule.
      (4)
If a list is prepared in relation to ballot papers under this paragraph, the list
prepared under the following provisions must not include details relating to
those ballot papers—
35
(a)
rule 6 of the referendum rules;
(b)
rule 17 of the Local Elections (Combination of Polls) Rules;
(c)
rule 17 of the Parish Elections (Combination of Polls) Rules;
(d)
rule 8 of the Local Referendums (Combination of Polls) Rules;
(e)
rule 19 of the Mayoral Elections (Combination of Polls) Rules.
40
      (5)
A reference in an enactment to a list prepared under a provision mentioned
in sub-paragraph (4) has effect, in so far as it relates to ballot papers to be
provided in pursuance of the provisions mentioned in sub-paragraph (2), as
a reference to the list prepared under this paragraph.

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 1 — Provision about combination
138

Notice of poll
11    (1)
The notice of the poll for each relevant election must be published by not
later than the 15th day before the date of the poll.
      (2)
The timetables set out in the following provisions are to be read with
whatever modifications are necessary to give effect to sub-paragraph (1)—
5
(a)
rule 1 of the Local Elections (Combination of Polls) Rules;
(b)
rule 1 of the Parish Elections (Combination of Polls) Rules;
(c)
rule 3 of the Local Referendums (Combination of Polls) Rules;
(d)
rule 3 the Mayoral Elections (Combination of Polls) Rules.
      (3)
Sub-paragraph (1) applies instead of rule 12(2) of the Local Referendums
10
(Combination of Polls) Rules.
Notice of polling stations
12
The notice given under rule 11(3) of the referendum rules must—
(a)
state that the poll for the referendum is to be taken together with the
poll for each relevant election,
15
(b)
specify the local authority for which each relevant election is to be
held, and
(c)
where any of the polls are to be taken together in part only of a voting
area for the referendum, specify that part.
Postal voting statements
20
13    (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)
The form of postal voting statement to be issued to those who are entitled to
vote by post in the referendum and in each relevant election must be in the
25
form set out in Form 2 in Part 3 of this Schedule.
      (3)
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.
      (4)
The provisions are—
30
(a)
rule 12(1)(b) of the referendum rules;
(b)
rule 22(1) of the Local Elections (Combination of Polls) Rules;
(c)
rule 22(1) of the Parish Elections (Combination of Polls) Rules;
(d)
rule 13(1) of the Local Referendums (Combination of Polls) Rules;
(e)
rule 24(1) of the Mayoral Elections (Combination of Polls) Rules.
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14    (1)
This paragraph applies 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.
      (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
40
Schedule.
      (3)
This paragraph applies instead of the requirement in rule 12(1)(b) of the
referendum rules for a postal voting statement to be in a particular form.