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 6 — Combination of polls: Wales
Part 1 — Provision about combination
174

(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 17(1) of the referendum rules, as a
5
reference to the list prepared under sub-paragraph (4).
Notice of polling stations
9     (1)
No later than the time of the publication of the notice of the polls, the
counting officer must give public notice of—
(a)
the situation of each polling station;
10
(b)
the description of voters entitled to vote there.
      (2)
The notice must—
(a)
state that the polls for the referendum, the Assembly constituency
election and the Assembly regional election are to be taken together,
and
15
(b)
specify the relevant voting area, constituency and region.
      (3)
As soon as practicable after giving the notice the counting officer must give
a copy of it to—
(a)
each of the referendum agents appointed for the officer’s area;
(b)
each of the election agents for the Assembly elections;
20
(c)
the regional returning officer.
      (4)
This paragraph applies instead of—
(a)
rule 11(3) and (4) of the referendum rules;
(b)
rule 32(2) to (4) of the Assembly Elections rules.
Postal voting
25
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 3 to the
Welsh Assembly Order.
      (2)
The functions of the constituency returning officer under rule 33 of the
Assembly Elections Rules are to be carried out by the counting officer.
30
      (3)
The form of postal voting statement to be issued to those entitled to vote by
post in the referendum and in both the Assembly elections 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
35
form.
      (5)
The provisions are—
(a)
rule 12(1)(b) of the referendum rules;
(b)
rule 33(1) of the Assembly Elections Rules.
11    (1)
This paragraph applies where proceedings on the issue and receipt of postal
40
ballot papers are not taken together by virtue of paragraph 2 of Schedule 3
to the Welsh Assembly Order.

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 1 — Provision about combination
175

      (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 12(1)(b) of the
referendum rules for a postal voting statement to be in a particular form.
5
      (4)
The form of postal voting statement to be issued to those entitled to vote in
the Assembly elections must be in the form set out in Form 4 in Part 3 of this
Schedule.
      (5)
Sub-paragraph (4) applies instead of the requirement in rule 33(1) of the
Assembly Elections Rules for a postal voting statement to be in a particular
10
form.
Polling stations
12
The functions of the constituency returning officer under rule 34 of the
Assembly Elections Rules are to be carried out by the counting officer.
13
The referendum polling stations are to be used for the combined polls.
15
Appointment of presiding officers and clerks
14
The functions of the constituency returning officer under the following
paragraphs of rule 35 of the Assembly Elections Rules are to be carried out
by the counting officer—
(a)
paragraph (1) so far as it relates to the appointment of presiding
20
officers and clerks;
(b)
paragraph (3).
Official poll cards
15    (1)
If the counting officer thinks fit, the official poll cards used for the
referendum and the Assembly elections may be combined.
25
      (2)
In that case, the forms required to be used for official poll cards for the
referendum and elections must be adapted in whatever manner seems
necessary.
Equipment of polling stations
16
The functions of the constituency returning officer under rule 37 of the
30
Assembly Elections 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 Assembly elections.
      (2)
Where separate ballot boxes are used, each must be clearly marked to
show—
35
(a)
the referendum or Assembly election to which it relates, and
(b)
the colour of ballot papers that should be placed in it.
      (3)
This paragraph applies instead of rule 37(2) and (3) of the Assembly
Elections Rules.

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 1 — Provision about combination
176

Colour of ballot papers
18
The ballot papers used for the referendum must be of a different colour from
the ballot papers used for the Assembly elections.
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
5
provisions may be combined in the form set out in Form 5 in Part 3 of this
Schedule—
(a)
rule 17(3)(d) of the referendum rules;
(b)
rule 37(5)(d) of the Assembly Elections Rules.
      (2)
In that case, this paragraph applies instead of—
10
(a)
the second sentence in rule 17(3) of the referendum rules;
(b)
the requirement in rule 37(5)(d) of the Assembly Elections Rules to
use a particular form.
Ballot paper displayed in polling stations
20    (1)
The large version of the ballot paper displayed inside the polling station
15
under rule 17(4)(a) of the referendum rules must be of the same colour as the
ballot papers to be used for the referendum.
      (2)
The large version of the ballot paper displayed inside the polling station
under rule 37(7)(a) of the Assembly Elections Rules in respect of each
Assembly election must be of the same colour as the ballot papers to be used
20
for that election.
Guidance to be exhibited inside and outside 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 inside and outside every polling
25
station.
      (2)
This paragraph applies instead of—
(a)
rule 17(6) of the referendum rules;
(b)
rule 37(14) of the Assembly Elections Rules.
Guidance to be exhibited in each polling station compartment
30
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 17(7) of the referendum rules;
35
(b)
rule 37(15) and (16) of the Assembly Elections Rules.
Notice of appointment of polling and counting agents
23
A notice required to be given to a constituency returning officer under
rule 38(5), (6) or (7) of the Assembly Elections Rules is to be given to the
counting officer.
40

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 1 — Provision about combination
177

Notification of requirement of secrecy
24
The functions of the constituency returning officer under rule 39(a) of the
Assembly Elections Rules are to be carried out by the counting officer.
Return of postal ballot papers
25
Where proceedings on the issue and receipt of postal ballot papers are taken
5
together by virtue of paragraph 2 of Schedule 3 to the Welsh Assembly
Order, the functions of the constituency returning officer under rule 40 of the
Assembly Elections Rules are to be carried out by the counting officer.
The poll
Admission to the polling station
10
26    (1)
Rule 21(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 an Assembly election if the poll for the election were held on its own.
      (2)
Rule 41(1) of the Assembly Elections Rules has effect as if the persons listed
there included persons who would be entitled to be admitted to the polling
15
station for the referendum if the poll for the referendum were held on its
own.
Voting by persons on duty on day of poll
27    (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
20
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 21(4)(b) of the referendum rules.
28
The returning officer’s function of signing certificates as to employment
25
under rule 41(5) of the Assembly Elections Rules is to be carried out by the
counting officer.
Removal from polling station
29
The constituency returning officer’s function under rule 42(2)(b) of the
Assembly Elections Rules of authorising someone to remove a person from
30
a polling station is to be carried out by the counting officer.
Voting procedure: copies of registers and lists of proxies
30    (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 Assembly elections—
35
(a)
rule 28(2) of the referendum rules;
(b)
rule 46(1) of the Assembly Elections Rules.
      (2)
Sub-paragraphs (3) and (4) apply where the same copy of the register is used
as mentioned in sub-paragraph (1).

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 1 — Provision about combination
178

      (3)
In a case where a ballot paper is delivered at the same time in respect of the
referendum, the Assembly constituency election and the Assembly regional
election, a single mark must be placed in the register against the number of
the elector under—
(a)
rule 28(2)(c) of the referendum rules, and
5
(b)
rule 46(1)(c) of the Assembly Elections 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
10
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.
15
      (6)
Where the same copy of the register is used as mentioned in sub-paragraph
(1), this paragraph applies instead of rule 46(6) of the Assembly Elections
Rules except so far as it relates to the list of proxies.
31    (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
20
and the Assembly elections.
      (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 identifies—
25
(a)
the proxy,
(b)
the elector for whom the proxy is applying for the ballot paper, and
(c)
the referendum or Assembly election to which the ballot paper
relates.
      (4)
Sub-paragraph (3) applies instead of—
30
(a)
rule 28(2)(d) of the referendum rules;
(b)
rule 46(1)(d) of the Assembly Elections Rules and rule 46(6) of those
rules so far as it relates to the list of proxies.
32    (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 3 to the
35
Welsh Assembly Order.
      (2)
If the counting officer thinks 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 Assembly elections.
List of votes marked by presiding officer
40
33    (1)
If the counting officer thinks fit, a single list of votes marked by the presiding
officer may be used for the purposes of the referendum and the Assembly
elections.

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 1 — Provision about combination
179

      (2)
Where a person’s entry in that list does not relate to the referendum, the
Assembly constituency election and the Assembly regional election, the
entry must—
(a)
indicate whether it relates to the referendum, and
(b)
identify any election to which it relates.
5
      (3)
In this paragraph “list of votes marked by the presiding officer” means a list
compiled under—
(a)
rule 30(4) of the referendum rules, or
(b)
rule 47(2) of the Assembly Elections Rules.
      (4)
Where a single list is used as mentioned in sub-paragraph (1), this paragraph
10
applies instead of rule 47(5) of the Assembly Elections Rules.
Declaration to be made by the companion of a voter with disabilities
34    (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
15
disabilities” means a declaration made by a companion under—
(a)
rule 31 of the referendum rules, or
(b)
rule 48 of the Assembly Elections Rules.
      (3)
This paragraph applies instead of—
(a)
rule 31(5)(a) of the referendum rules;
20
(b)
rule 48(7)(a) of the Assembly Elections Rules.
List of voters with disabilities assisted by companions
35    (1)
If the counting officer thinks fit, a single list of voters with disabilities
assisted by companions may be used for the purposes of the referendum and
the Assembly elections.
25
      (2)
Where a person’s entry in that list does not relate to the referendum, the
Assembly constituency election and the Assembly regional election, the
entry must—
(a)
indicate whether it relates to the referendum, and
(b)
identify any election to which it relates.
30
      (3)
In this paragraph “list of voters with disabilities assisted by companions”
means a list compiled under—
(a)
rule 31(8) of the referendum rules, or
(b)
rule 48(4) of the Assembly Elections Rules.
      (4)
Where a single list is used as mentioned in sub-paragraph (1), this paragraph
35
applies instead of rule 48(9) of the Assembly Elections Rules.
Tendered votes list
36    (1)
If the counting officer thinks fit, a single tendered votes list may be used for
the purposes of the referendum and the Assembly elections.
      (2)
Where a person’s entry in that list does not relate to the referendum, the
40
Assembly constituency election and the Assembly regional election, the
entry must—

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 1 — Provision about combination
180

(a)
indicate whether it relates to the referendum, and
(b)
identify any election to which it relates.
      (3)
In this paragraph “tendered votes list” means a list compiled under—
(a)
rule 33(7) of the referendum rules, or
(b)
rule 49(8) of the Assembly Elections Rules
5
      (4)
Where a single list is used as mentioned in sub-paragraph (1), this paragraph
applies instead of rule 49(12) of the Assembly Elections Rules.
Lists relating to correction of errors on day of poll
37    (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
10
used for the purposes of the referendum and the Assembly elections.
      (2)
Where a person’s entry in that list does not relate to the referendum, the
Assembly constituency election and the Assembly regional election, the
entry must—
(a)
indicate whether it relates to the referendum, and
15
(b)
identify any election 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 36 of the referendum rules, or
20
(b)
rule 51 of the Assembly Elections Rules.
Notice of adjournment in case of riot
38
Rule 52(1) of the Assembly Elections Rules has effect as if references to the
constituency returning officer were to the counting officer.
Procedure on close of poll
25
39    (1)
In rule 38(1) of the referendum rules the reference to polling agents includes
a reference to polling agents appointed for the purposes of an Assembly
election.
      (2)
In rule 53(1) of the Assembly Elections Rules the reference to polling agents
includes a reference to polling agents appointed for the purposes of the
30
referendum.
40    (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.
      (2)
The provisions are—
(a)
rule 38(1)(b), (c) or (f) of the referendum rules;
35
(b)
rule 53(1)(b), (c), (d), (e) or (h) of the Assembly Elections Rules.
41
The ballot paper accounts prepared under rule 38(6) of the referendum rules
and rule 53(4) of the Assembly Elections Rules may not be combined.
42
In rule 53(3) of the Assembly Elections Rules references to a constituency
returning officer are to be read as references to the counting officer.
40