Parliamentary Voting System and Constituencies Bill

House of Commons

Session 2010 - 11
Internet Publications
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
181

Counting of votes
Attendance and arrangements for counting
43    (1)
The counting officer must make arrangements for counting the ballot papers
and carrying out the other functions conferred by paragraph 47 in the
presence of the counting agents.
5
      (2)
The counting officer must give the counting agents and the regional
returning officer notice in writing of the time and place at which the
proceedings under paragraph 47 will begin.
      (3)
A person may be present at the proceedings under paragraph 47 only if—
(a)
the person is entitled to be present at the counting of the votes for the
10
referendum or an Assembly election, or
(b)
the person is permitted by the counting officer to attend.
      (4)
The counting officer may give a person permission under sub-
paragraph (3)(b) only if—
(a)
the officer is satisfied that the person’s attendance will not impede
15
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.
      (5)
The counting officer must give the counting agents—
(a)
whatever reasonable facilities for overseeing the proceedings, and
20
(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.
44
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
25
of the poll”.
45    (1)
The constituency returning officer must make arrangements for counting
the votes for the Assembly elections in the presence of the counting agents
for the election as soon as practicable after receiving the ballot papers from
the counting officer under paragraph 48.
30
      (2)
The constituency returning officer must give the counting agents for the
Assembly elections and the regional returning officer notice in writing of the
time and place at which the counting of the votes for the elections will begin.
      (3)
A person may be present at the counting of the votes for an Assembly
election only if—
35
(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 Assembly election if it were taken on its own.
      (4)
The constituency returning officer may give a person permission under sub-
paragraph (3)(a) only if—
40
(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
impracticable to do so.

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 1 — Provision about combination
182

      (5)
The constituency returning officer must give the counting agents for the
Assembly elections—
(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
5
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 an Assembly election are
entitled to satisfy themselves that the ballot papers are correctly sorted.
10
46
Paragraphs 43 and 45 apply instead of rule 54 of the Assembly Elections
Rules.
Counting and separation of ballot papers by counting officer
47    (1)
As soon as practicable after the close of the poll the counting officer must—
(a)
in the presence of the counting agents, open each ballot box and
15
count and record separately the number of ballot papers relating to
the referendum, the Assembly constituency election and the
Assembly regional election;
(b)
where proceedings on the issue and receipt of postal ballot papers for
the referendum and the Assembly elections are taken together by
20
virtue of paragraph 2 of Schedule 3 to the Welsh Assembly Order,
count the postal ballot papers that have been duly returned for the
referendum, the Assembly constituency election and the Assembly
regional election and record separately the number relating to each;
(c)
where proceedings on the issue and receipt of postal ballot papers for
25
the referendum and the Assembly elections are not taken together by
virtue of paragraph 2 of Schedule 3 to the Welsh Assembly Order,
count the postal ballot papers that have been duly returned for the
referendum and record the number;
(d)
separate the ballot papers relating to the referendum, the Assembly
30
constituency election and the Assembly regional election.
      (2)
The counting officer must not count any tendered ballot papers.
      (3)
The counting officer, while counting and recording the number of ballot
papers, must—
(a)
keep the ballot papers with their faces upwards, and
35
(b)
take all proper precautions for preventing anyone from seeing the
numbers or other unique identifying marks printed on the back of
the papers.
      (4)
The counting officer must, in the presence of the referendum agents and the
election agents for the Assembly elections—
40
(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
(opening and resealing the packets containing the unused and spoilt
ballot papers and the tendered votes list);
45
(b)
draw up a separate statement as to the result of the verification in
relation to each poll.

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 1 — Provision about combination
183

      (5)
An election agent for an Assembly election may copy the statement relating
to that Assembly election.
      (6)
A counting agent for the referendum present at the verification may copy
the statement relating to the referendum.
      (7)
Once the statement relating to the referendum is drawn up, the counting
5
officer must—
(a)
in the case of a voting area in a region for which a Regional Counting
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
10
Officer of the contents of the statement.
      (8)
Rule 40 of the referendum rules does not apply.
Delivery of ballot papers etc to returning officers
48    (1)
The counting officer must deliver or cause to be delivered to the
constituency returning officer the ballot papers for the Assembly elections.
15
      (2)
The counting officer must also deliver or cause to be delivered to the
constituency returning officer—
(a)
the ballot paper accounts and the statement as to the result of the
verification of the ballot paper accounts for the Assembly elections;
(b)
the packets of unused and spoilt ballot papers for the Assembly
20
elections;
(c)
the packets of tendered ballot papers for the Assembly elections;
(d)
the packets of certificates as to employment on duty on the day of the
poll for the Assembly elections.
      (3)
If the counting officer has not begun to count the votes given on the
25
referendum ballot papers by the time the statements as to the result of the
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
30
(b)
the packets may not be opened until the counting officer begins
dealing with the ballot papers in those packets under paragraph
49(1).
      (4)
If, in respect of an Assembly constituency election or an Assembly regional
election, none of the ballot papers have been delivered under sub-paragraph
35
(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 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 constituency returning
40
officer begins dealing with the ballot papers in those packets under
paragraph 49(3).
Counting of votes
49    (1)
The counting officer must count the votes given on the ballot papers for the
referendum, but must not do so until—
45

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 1 — Provision about combination
184

(a)
in the case of postal ballot papers, they have been mixed with the
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.
      (2)
Where proceedings on the issue and receipt of postal ballot papers for the
5
Assembly elections are not taken together with those for the referendum, the
constituency returning officer must count the postal ballot papers that have
been duly returned for the Assembly constituency election and the
Assembly regional election and record separately the number relating to
each.
10
      (3)
The constituency returning officer must count the votes given on the ballot
papers for each Assembly election, but must not do so until—
(a)
in the case of postal ballot papers, they have been mixed with the
ballot papers from at least one ballot box;
(b)
in the case of ballot papers from a ballot box, they have been mixed
15
with the ballot papers from at least one other ballot box.
      (4)
The counting or constituency returning officer, while counting the votes,
must—
(a)
keep the ballot papers with their faces upwards, and
(b)
take all proper precautions for preventing anyone from seeing the
20
numbers or other unique identifying marks printed on the back of
the papers.
      (5)
The counting or constituency returning officer must so far as practicable
proceed continuously with the counting of votes, allowing only time for
refreshment, except that—
25
(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.
      (6)
During the time so excluded the counting or constituency returning officer
30
must—
(a)
place the ballot papers and other documents relating to the
referendum or Assembly election under the officer’s own seal and
the seals of any of the counting agents who want to affix their seals,
and
35
(b)
otherwise take proper precautions for the security of the papers and
documents.
      (7)
This paragraph and paragraph 50 apply instead of rule 55 of the Assembly
Elections Rules.
Ballot papers placed in wrong ballot box
40
50
Where separate ballot boxes are used for the referendum, the Assembly
constituency election and the Assembly regional election, the placing of a
ballot paper in the wrong ballot box does not render it void.

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 1 — Provision about combination
185

Declaration of result
Declaration
51
The result of the referendum or an Assembly 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
52    (1)
The counting officer may not open the sealed packets of—
(a)
the completed corresponding number lists for an Assembly election,
or
10
(b)
marked copies of the register of electors (including any marked copy
notices issued under section 13B(3B) or (3D) of the 1983 Act), and
lists of proxies, for an Assembly election.
      (2)
Rule 66(3) of the Assembly Elections Rules has effect as if sub-paragraphs (b)
and (d) were omitted.
15
Delivery and retention of documents
53    (1)
Rules 50(1)(a) and 52 of the referendum rules apply to the specified
documents.
      (2)
The specified documents are those specified in rule 67(1)(e), (f) and (h) of the
Assembly Elections Rules.
20
      (3)
Rule 68 of the Assembly Elections Rules applies to the specified documents
as if references to the relevant registration officer were to the registration
officer to whom the documents were forwarded under rule 50(1)(a) of the
referendum rules.
      (4)
Except for the purposes of this paragraph, rule 67 of the Assembly Elections
25
Rules has effect as if it did not include a reference to the specified documents
(and as if paragraph (2) were omitted).
      (5)
Rule 68(8) of the Assembly Elections Rules has effect as if after “rule” there
were inserted “(or a court order)”.
Countermand or abandonment of poll on death of candidate
30
54
Where an Assembly election is countermanded, or polling is abandoned,
because of the death of a candidate, this does not affect the poll for the
referendum.
55    (1)
Rule 76 of the Assembly Elections Rules has effect as if it were modified in
accordance with sub-paragraphs (2) to (4).
35
      (2)
In paragraph (2) after “constituency returning officer” insert “or counting
officer”.
      (3)
For paragraph (3) substitute—
“(3)
After the close of any polls that are being taken together with the poll
that has been abandoned, the counting officer must—
40

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 2 — Application of provisions about issue and receipt of postal ballot papers
186

(a)
separate the ballot papers for the abandoned poll, and
(b)
deliver or cause to be delivered to the constituency returning
officer the ballot papers and other documents relating to the
abandoned poll.
(3A)
Paragraphs (4) to (9) apply in relation to the election for which the
5
poll has been abandoned.”
      (4)
Sub-paragraph (3) applies instead of rule 76(10) of the Assembly Elections
Rules.
Part 2
Application of provisions about issue and receipt of postal ballot papers
10
56    (1)
For the purposes of the combined polls, Schedule 3 to the National Assembly
for Wales (Representation of the People) Order 2007 (S.I. 2007/236)
applies—
(a)
with the modifications shown in the table, and
(b)
with any other necessary modifications, including in particular those
15
set out in sub-paragraph (2).
      (2)
Except where the context otherwise requires—
(a)
in relation to the referendum or an Assembly election, a reference to
a provision has effect as a reference to that provision as it applies for
the purposes of the referendum or election;
20
(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.
      (3)
In the Representation of the People (England and Wales) Regulations 2001
(S.I. 2001/341) as they apply in relation to the referendum by virtue of
25
Schedule 4—
(a)
regulation 61B(3)(a) has effect as if for the words after “postal ballot
papers” there were substituted “in accordance with paragraph 23(4)
or 24(3)(a) of Schedule 3 to the National Assembly for Wales
(Representation of the People) Order 2007”;
30
(b)
regulation 116(1) has effect as if for “regulation 91 above” there were
substituted “paragraph 31 of Schedule 3 to the National Assembly
for Wales (Representation of the People) Order 2007”.

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 2 — Application of provisions about issue and receipt of postal ballot papers
187

Provision
Modification

Paragraph 1 (interpretation)
For the definition of “agent” substitute—

““agent”, except in paragraph

6(2) to (8)—

(a)
in relation to an

5

Assembly election,

includes an election

agent and a person

appointed to attend in

the election agent’s

10

place;

(b)
in relation to the

referendum, means a

referendum agent or

an agent appointed

15

under paragraph

6(2).”

In the appropriate places insert—

““postal voters list” includes the

list kept under paragraph

20

5(2) of Schedule 3 to the

Parliamentary Voting System

and Constituencies Act

2010;”;

““proxy postal voters list”

25

includes the list kept under or

paragraph 8(6) of Schedule 3

to the Parliamentary Voting

System and Constituencies

Act 2010;”;

30

““relevant returning or

counting officer” means—

(a)
in a case where

proceedings on the

issue and receipt of

35

postal ballot papers

are taken together by

virtue of paragraph 2,

the counting officer;

(b)
in any other case, the

40

constituency

returning officer, in

relation to an

Assembly election, or

the counting officer,

45

in relation to the

referendum;”.