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 5 — Combination of polls: England
Part 2 — Application of provisions about issue and receipt of postal ballot papers
153

Provision
Modification

“relevant returning or counting

officer”, in relation to a

relevant election or

referendum, means—

5

(a)
in a case where

proceedings on the

issue and receipt of

postal ballot papers

are taken together by

10

virtue of regulation

65, the counting

officer for the

referendum on the

voting system for

15

United Kingdom

parliamentary

elections, and

(b)
in any other case, the

returning or counting

20

officer for the election

or referendum in

question;”.

In the definition of “valid postal voting statement”,

after “returning officer” insert “or counting officer”.

25

Regulation 65 (combination
For regulation 65 substitute—

of proceedings on issue and
“65
Combination of proceedings on issue and

receipt of postal ballot
receipt of postal ballot papers

papers)
(1)
This regulation applies where the polls for

two or more relevant elections or

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referendums are taken together under

section 4(1) of the Parliamentary Voting

System and Constituencies Act 2010.

(2)
The proceedings on the issue and receipt of

postal ballot papers in respect of the polls

35

may be taken together if the returning and

counting officers think fit.”

Regulation 66 (form of
Omit the whole regulation.

postal voting statement)

Regulation 67 (persons
For “returning officer” substitute “relevant

40

entitled to be present at
returning or counting officer”.

proceedings on issue of

postal ballot papers)

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
154

Provision
Modification

Regulation 68 (persons
For regulation 68 substitute—

entitled to be present at
“68
Persons entitled to be present at proceedings

proceedings on receipt of
on receipt of postal ballot papers

postal ballot papers)
(1)
In a case where proceedings on the receipt of

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postal ballot papers are taken together by

virtue of regulation 65, the only persons who

may be present at those proceedings are the

appropriate persons in relation to the

relevant elections and referendums.

10

(2)
In any other case, the only persons who may

be present at the proceedings on the receipt

of postal ballot papers for a relevant election

or referendum are the appropriate persons

in relation to that election or referendum.

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(3)
The following are appropriate persons in

relation to an election—

(a)
the returning officer;

(b)
the returning officer’s clerks;

(c)
the candidates;

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(d)
the election agents;

(e)
any person appointed by a candidate

to attend in his election agent’s place;

(f)
any agents appointed under

regulation 69;

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(g)
at an election of parish councillors,

any person appointed by a candidate

to attend proceedings on the receipt

of postal ballot papers.

(4)
The following are appropriate persons in

30

relation to a referendum—

(a)
the counting officer;

(b)
the counting officer’s clerks;

(c)
in the case of the referendum on the

voting system for United Kingdom

35

parliamentary elections, the

referendum agents and any agents

appointed under regulation 69;

(d)
in the case of a local referendum, the

persons listed in rule 37(3)(b) to (d) of

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the rules set out in Schedule 5 to the

Local Authorities (Conduct of

Referendums) (England)

Regulations 2007.

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
155

Provision
Modification

(5)
This regulation is without prejudice to

section 6A, 6B, 6C, 6D or 6E of the Political

Parties, Elections and Referendums Act

2000.”

5

Regulation 69 (agents of
For “returning officer” (in each place) substitute

candidates who may attend
“relevant returning or counting officer”.

proceedings on receipt of

postal ballot papers)

Omit paragraph (3).

10

After paragraph (7) insert—

“(7A)
In relation to the referendum on the voting

system for United Kingdom parliamentary

elections, in paragraph (1), (2), (4) or (7) a

reference to a candidate is to be read as a

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reference to a referendum agent.”

In paragraph (8), for “the candidates or their

agents” substitute “any persons mentioned in

regulation 68(3)(c) to (g) or (4)(c) and (d)”.

Regulation 70 (notification
For regulation 70 substitute—

20

of requirement of secrecy)
“70
Notification of requirements of secrecy

(1)
In a case where proceedings on the issue of

postal ballot papers are taken together by

virtue of regulation 65, the counting officer

for the referendum on the voting system for

25

United Kingdom parliamentary elections

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

30

a copy in writing of the provisions of

subsections (4) and (6) of section 66 of the

1983 Act as they apply in relation to each

relevant election or referendum.

(2)
In any other case, the returning or counting

35

officer for a relevant election or referendum

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 election

40

or 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 that election or referendum.”

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
156

Provision
Modification

Regulation 71 (time when
In paragraph (1), after “voting statement)” insert

postal ballot papers are to be
“for an election or local referendum”.

issued)

After paragraph (1) insert—

5

   “(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

10

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 on the voting system in

15

United Kingdom parliamentary elections

shall be issued until after 5 pm on the

eleventh day before the date of the poll

(computed in accordance with regulation

56(6) above).”

20

In paragraph (2), omit “by the returning officer”.

Regulation 72 (procedure on
For paragraph (5) substitute—

issue of postal ballot papers)
“(5)
Paragraphs (5A) and (5B) apply where—

(a)
proceedings on the issue of postal

ballot papers are taken together by

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virtue of regulation 65, and

(b)
a combined postal voters list or

proxy postal voters list is produced

by virtue of paragraph 29 of

Schedule 5 to the Parliamentary

30

Voting System and Constituencies

Act 2010.

(5A)
In a case where a postal ballot paper is

issued at the same time in respect of each

relevant election or referendum, a single

35

mark must be placed in the list under

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

40

issued relates.

(5C)
Where proceedings on the issue of postal

ballot papers are taken together by virtue of

regulation 65, the number of each postal

ballot paper issued shall be marked on the

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postal voting statement under paragraph

(4).”

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
157

Provision
Modification

In paragraph (6), for the words from the beginning

to “postal ballot papers” substitute “Where

proceedings on the issue and receipt of postal ballot

papers are not taken together by virtue of

5

regulation 65”.

In paragraph (8)—

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

election or local referendum”;

(b)
at the end insert—

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“and, in relation to the referendum on the

voting system for United Kingdom

parliamentary elections, the items specified

in paragraph (7) must be sent to the address

to which postal ballot papers should be sent

15

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 “relevant

20

issue postal ballot papers)
returning or counting officer”.

For “election” substitute “poll”.

Regulation 74 (envelopes)
In paragraph (1), after “elections rules” insert “or

rule 12 of the referendum rules”.

Regulation 75 (sealing up of
In paragraphs (1) and (2), for “returning officer”

25

completed corresponding
substitute “relevant returning or counting officer”.

number lists)

Regulation 76 (delivery of
In paragraph (1)—

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

returning or counting officer”;

30

(b)
in sub-paragraph (c), after “elections rules”

insert “or rule 14 of the referendum rules”.

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

“relevant returning or counting officer”.

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

35

ballot papers)
“relevant returning or counting officer”.

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

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

ballot papers)
“relevant returning or counting officer”.

In paragraph (2A)(b), for “election” substitute

40

“poll”.

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
158

Provision
Modification

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

means of returning postal
“relevant returning or counting officer”.

ballot paper or postal voting

statement)

5

In paragraph (1), after “1983 Act” insert “and rule

40(3) of the referendum rules”.

In paragraph (3), after “rule 43(1) of the elections

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

In paragraph (5), after “polling agents” insert “or

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polling observers”.

Regulation 80 (notice of
In paragraph (1)—

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

paper envelopes)
returning or counting officer”;

(b)
for “each candidate” substitute “each of the

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persons mentioned in paragraph (1A)”.

After paragraph (1) insert—

“(1A)
The persons are—

(a)
in relation to an election, the

candidates,

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(b)
in relation to the referendum on the

voting system for United Kingdom

parliamentary elections, the

referendum agents, and

(c)
in relation to a local referendum, the

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persons mentioned in rule 37(3)(b) to

(d) of the rules set out in Schedule 5

to the Local Authorities (Conduct of

Referendums) (England)

Regulations 2007.”

30

In paragraph (2)(b), for “the number of agents a

candidate” substitute “in the case of an election or

the referendum on the voting system for United

Kingdom parliamentary elections, the number of

agents that a candidate or referendum agent”.

35

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

boxes and receptacles)
“relevant returning or counting officer”.

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
159

Provision
Modification

For paragraph (2) substitute—

“(2)
Each of those ballot boxes—

(a)
shall be marked “postal voter’s ballot

box” or “postal ballot box” as

5

appropriate;

(b)
shall be marked with the name of

each constituency, electoral area or

voting area in relation to which it is

to be used.”

10

In paragraph (3), for “the agents” substitute “those”.

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

“(if it has a lock)”.

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

covering envelope)
“relevant returning or counting officer”.

15

Regulation 83 (opening of
In paragraph (1)—

postal voters’ ballot box)
(a)
for “returning officer” substitute “relevant

returning or counting officer”;

(b)
at the end insert “and (where relevant) the

persons mentioned in rule 37(3)(b) to (d) of

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the rules set out in Schedule 5 to the Local

Authorities (Conduct of Referendums)

(England) Regulations 2007”.

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

“relevant returning or counting officer”.

25

In paragraph (3), for “votes under rule 45 of the

elections rules” substitute “ballot papers”.

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

covering envelopes)
“relevant returning or counting officer”.

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

30

receipt of postal voting
“relevant returning or counting officer”.

statements)

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

relation to postal voting
“relevant returning or counting officer”.

statements)

35

In paragraph (3), after “agents” insert “or counting

observers or both (as the case may be)”.

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

in relation to postal voting
“relevant returning or counting officer”.

statements: personal

40

identifier verification)

In paragraph (4), after “agents” insert “or counting

observers or both (as the case may be)”.