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 5 — Combination of polls: England
Part 1 — Provision about combination
146

      (3)
A person may be present at the proceedings under paragraph 42 only if—
(a)
the person is entitled to be present at the counting of the votes for the
referendum or a relevant election, or
(b)
the person is permitted by the counting officer to attend.
      (4)
The counting officer may give a person permission under sub-
5
paragraph (3)(b) only if—
(a)
the officer is satisfied that the person’s attendance will not impede
the efficient conduct of the proceedings, and
(b)
the officer has consulted the referendum agents and election agents
or thought it impracticable to do so.
10
      (5)
The counting officer must give the counting agents—
(a)
whatever reasonable facilities for overseeing the proceedings, and
(b)
whatever information with respect to the proceedings,

the officer can give them consistently with the orderly conduct of the
proceedings and the discharge of the officer’s duties.
15
39
Rule 39(1) of the referendum rules (arrangements for the counting of votes
in the referendum) has effect with the omission of the words “after the close
of the poll”.
40    (1)
The returning officer for a relevant election must make arrangements for
counting the votes in the presence of the counting agents for the relevant
20
election as soon as practicable after receiving the ballot papers from the
counting officer under paragraph 43.
      (2)
The returning officer must give the counting agents for the relevant election
notice in writing of the time and place at which the counting of the votes for
the relevant election will begin.
25
      (3)
A person may be present at the counting of the votes for a relevant election
only if—
(a)
the person is permitted by the returning officer to attend, or
(b)
the person would be entitled to be present at the counting of votes for
the relevant election if it were taken on its own.
30
      (4)
The returning officer may give a person permission under sub-
paragraph (3)(a) only if—
(a)
the officer is satisfied that the person’s attendance will not impede
the efficient counting of the votes, and
(b)
the officer has consulted the election agents or thought it
35
impracticable to do so.
      (5)
The returning officer must give the counting agents for the relevant
election—
(a)
whatever reasonable facilities for overseeing the proceedings, and
(b)
whatever information with respect to the proceedings,
40

the officer can give them consistently with the orderly conduct of the
proceedings and the discharge of the officer’s duties.
      (6)
In particular, where the votes are counted by sorting the ballot papers into
lots according to the votes marked on them and then counting the number
of ballot papers in each lot, the counting agents for the relevant election are
45
entitled to satisfy themselves that the ballot papers are correctly sorted.

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 1 — Provision about combination
147

41
Paragraphs 38 and 40 apply instead of—
(a)
rule 44 of the Local Elections (Combination of Polls) Rules;
(b)
rule 44 of the Parish Elections (Combination of Polls) Rules;
(c)
rule 37 of the Local Referendums (Combination of Polls) Rules;
(d)
rule 46 of the Mayoral Elections (Combination of Polls) Rules.
5
Counting and separation of ballot papers by counting officer
42    (1)
As soon as practicable after the close of the poll the counting officer must—
(a)
in the presence of the counting agents, open the ballot boxes and
count and record separately the number of ballot papers relating to
the referendum and each relevant election;
10
(b)
where proceedings on the issue and receipt of postal ballot papers for
the referendum and the relevant elections are taken together, count
the postal ballot papers that have been duly returned for the
referendum and the relevant election and record separately the
number relating to each;
15
(c)
where proceedings on the issue and receipt of postal ballot papers for
the referendum and the relevant elections are not taken together,
count the postal ballot papers that have been duly returned for the
referendum and record the number;
(d)
separate ballot papers relating to the referendum and those relating
20
to each relevant election.
      (2)
Rule 40(3) of the referendum rules applies for the purposes of any combined
polls; but 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, a reference in rule 39(3) to a
25
counting officer is to be read in relation to the return of ballot papers for a
relevant election as a reference to the returning officer for that relevant
election.
      (3)
The counting officer must not count any tendered ballot papers.
      (4)
The counting officer, while counting and recording the number of ballot
30
papers, 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.
35
      (5)
The counting officer must, in the presence of the referendum agents and the
election agents for the relevant elections—
(a)
verify each ballot paper account by comparing it with the number of
ballot papers recorded by the officer, and the unused and spoilt
ballot papers in the officer’s possession and the tendered votes list
40
(opening and resealing the packets containing the unused and spoilt
ballot papers and the tendered votes list);
(b)
draw up a separate statement as to the result of the verification in
relation to each poll.
      (6)
An election agent for a relevant election may copy the statement relating to
45
that relevant election.

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 1 — Provision about combination
148

      (7)
A counting agent for the referendum present at the verification may copy
the statement relating to the referendum.
      (8)
Once the statement relating to the referendum is drawn up, the counting
officer must—
(a)
in the case of a voting area in a region for which a Regional Counting
5
Officer is appointed, inform the Regional Counting Officer of the
contents of the statement;
(b)
in the case of any other voting area, inform the Chief Counting
Officer of the contents of the statement.
      (9)
Rule 40 of the referendum rules does not apply (except for the purposes of
10
sub-paragraph (2) above).
Delivery of ballot papers etc to returning officers
43    (1)
The counting officer must deliver or cause to be delivered to the returning
officer for a relevant election the ballot papers for the relevant election.
      (2)
The counting officer must also deliver or cause to be delivered to the
15
returning officer—
(a)
the ballot paper accounts and the statement as to the result of the
verification of the ballot paper accounts for the relevant election;
(b)
the packets of unused and spoilt ballot papers for the relevant
election;
20
(c)
the packets of tendered ballot papers for the relevant election;
(d)
the packets of certificates as to employment on duty on the day of the
poll for the relevant election.
      (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
25
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
30
dealing with the ballot papers in those packets under paragraph
44(1).
      (4)
If, in respect of a relevant 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
35
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 returning officer begins
dealing with the ballot papers in those packets under paragraph
40
44(3).
Counting of votes
44    (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
45
ballot papers from at least one ballot box;

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 1 — Provision about combination
149

(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 a
relevant election are not taken together with those for the referendum and
any other relevant elections, the returning officer for the relevant election
5
must count the postal ballot papers that have been duly returned and record
the number counted.
      (3)
The returning officer for a relevant election must count the votes given on
the ballot papers for the relevant election, but must not do so until—
(a)
in the case of postal ballot papers, they have been mixed with the
10
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 returning officer, while counting the votes, must—
(a)
keep the ballot papers with their faces upwards, and
15
(b)
take all proper precautions for preventing anyone from seeing the
numbers or other unique identifying marks printed on the back of
the papers.
      (5)
The counting or returning officer must so far as practicable proceed
continuously with the counting of votes, allowing only time for refreshment,
20
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.
25
      (6)
During the time so excluded the counting or returning officer must—
(a)
place the ballot papers and other documents relating to the
referendum or relevant 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
30
documents.
      (7)
This paragraph and paragraph 45 apply instead of—
(a)
rule 45 of the Local Elections (Combination of Polls) Rules;
(b)
rule 45 of the Parish Elections (Combination of Polls) Rules;
(c)
rule 38 of the Local Referendums (Combination of Polls) Rules;
35
(d)
rule 47 of the Mayoral Elections (Combination of Polls) Rules.
Ballot papers placed in wrong ballot box
45
Where separate ballot boxes are used for the referendum and a relevant
election, the placing of a ballot paper in the wrong ballot box does not render
it void.
40

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 1 — Provision about combination
150

Declaration of result
Declaration
46
The result of the referendum or a relevant 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.
5
Disposal of documents etc
Packets of documents
47    (1)
The counting officer may not open the sealed packets of—
(a)
the completed corresponding number lists for a relevant election, or
(b)
marked copies of the register of electors (including any marked copy
10
notices issued under section 13B(3B) or (3D) of the 1983 Act), and
lists of proxies, for a relevant election.
      (2)
The following provisions have effect as if paragraph (3) were omitted—
(a)
rule 51 of the Local Elections (Combination of Polls) Rules;
(b)
rule 51 of the Parish Elections (Combination of Polls) Rules;
15
(c)
rule 44 of the Local Referendums (Combination of Polls) Rules;
(d)
rule 56 of the Mayoral Elections (Combination of Polls) Rules.
Delivery and retention of documents
48    (1)
Rules 50(1)(a) and 52 of the referendum rules apply to the specified
documents.
20
      (2)
The specified documents are those specified in sub-paragraphs (c), (d) and
(f) of paragraph (1) of—
(a)
rule 52 of the Local Elections (Combination of Polls) Rules;
(b)
rule 52 of the Parish Elections (Combination of Polls) Rules;
(c)
rule 45 of the Local Referendums (Combination of Polls) Rules;
25
(d)
rule 57 of the Mayoral Elections (Combination of Polls) Rules.
      (3)
Except for the purposes of this paragraph, those rules have effect as if they
did not include a reference to the specified documents (and as if paragraph
(2) were omitted).
      (4)
Nothing in this paragraph prevents the following provisions from applying
30
to the specified documents—
(a)
rule 53 of the Local Elections (Combination of Polls) Rules;
(b)
rule 53 of the Parish Elections (Combination of Polls) Rules;
(c)
rule 46 of the Local Referendums (Combination of Polls) Rules;
(d)
rule 58 of the Mayoral Elections (Combination of Polls) Rules.
35
      (5)
Each of the following provisions has effect as if for “by this rule provided”
there were substituted “provided by this rule (or a court order)”—
(a)
rule 53(8) of the Local Elections (Combination of Polls) Rules;
(b)
rule 53(8) of the Parish Elections (Combination of Polls) Rules;
(c)
rule 46(9) of the Local Referendums (Combination of Polls) Rules;
40
(d)
rule 58(9) of the Mayoral Elections (Combination of Polls) Rules.

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 2 — Application of provisions about issue and receipt of postal ballot papers
151

      (6)
Rule 45(1) of the Local Referendums (Combination of Polls) Rules has effect
as if the words “Where” and “is the relevant returning or counting officer,
he” were omitted.
Countermand or abandonment of poll on death of candidate
49    (1)
The following provisions have effect as if they were modified in accordance
5
with sub-paragraphs (2) and (3)—
(a)
rule 55 of the Local Elections (Combination of Polls) Rules;
(b)
rule 55 of the Parish Elections (Combination of Polls) Rules;
(c)
rule 60 of the Mayoral Elections (Combination of Polls) Rules.
      (2)
In paragraph (4), for “returning officer” substitute “relevant counting
10
officer”.
      (3)
In paragraph (7), for the words from the beginning to “further step”
substitute “Once the ballot papers relating to each relevant election or
referendum have been separated, no step or further step may be taken”.
Part 2
15
Application of provisions about issue and receipt of postal ballot papers
50    (1)
For the purposes of the combined polls, Part 5 of the Representation of the
People (England and Wales) Regulations 2001 (S.I. 2001/341) applies—
(a)
with the modifications shown in the table, and
(b)
with any other necessary modifications, including in particular those
20
set out in sub-paragraph (2).
      (2)
Except where the context otherwise requires—
(a)
in relation to an election or referendum, a reference to a provision
has effect as a reference to that provision as it applies for the
purposes of that election or referendum;
25
(b)
expressions used in relation to the referendum under section 1 are to
be construed in accordance with the definitions in section 7 and rule
53 of the referendum rules;
(c)
expressions used in relation to a local referendum are to be construed
in accordance with regulation 2 of, and paragraph 1(2) of Schedule 4
30
to, the Local Authorities (Conduct of Referendums) (England)
Regulations 2007 (S.I. 2007/2089).
      (3)
In relation to the combined polls, the modifications made by this paragraph
to Part 5 of the 2001 Regulations apply instead of any modifications that
would apply to that Part by virtue of—
35
(a)
Part 3 of Schedule 4;
(b)
Schedule 4 to the Local Authorities (Conduct of Referendums)
(England) Regulations 2007;
(c)
Schedule 2 to the Local Authorities (Mayoral Elections) (England
and Wales) Regulations 2007 (S.I. 2007/1024).
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Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 2 — Application of provisions about issue and receipt of postal ballot papers
152

Provision
Modification

Regulation 64
For the definition of “agent” substitute—

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

69(1) to (7)—

(a)
in relation to an

5

election, includes the

election agent and a

person appointed to

attend in the election

agent’s place;

10

(b)
in relation to the

referendum on the

voting system for

United Kingdom

parliamentary

15

elections, means a

referendum agent or

an agent appointed

under regulation 69.”

In the appropriate place insert—

20

““candidate”, in relation to an

election for the return of an

elected mayor, means a

candidate at such an

election;”.

25

In the appropriate place insert—

““local referendum” means a

referendum in England

under Part 2 of the Local

Government Act 2000;”.

30

In the appropriate place insert—

““relevant election or

referendum” means an

election or referendum the

poll for which is to be taken

35

together with the poll for one

or more other elections or

referendums under section

[Combination of polls](1) of the

Parliamentary Voting System

40

and Constituencies Act 2010;