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 3 — Forms referred to in Parts 1 and 2
209

Time ........................................ (am/pm)

NOTE: (1) If the person making the above declaration knowingly and wilfully

makes therein a statement false in a material particular, he or she will be guilty of

an offence.

5

(2) A voter with disabilities is a voter who has made a declaration that he or she is

so incapacitated by blindness or other disability, or by an inability to read, as to be

unable to vote without assistance.

Paragraph 56
10
Form 10 - Statement as to postal ballot papers for the referendum

Referendum on the voting system for United Kingdom parliamentary

elections

Voting area .....................

15

Date of poll ...................

A. Issue of postal ballot papers
Number for voting

area

1. Total number of postal ballot papers issued under

paragraph 8 of Schedule 3.

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2. Total number of postal ballot papers issued under

paragraphs 14 (spoilt and returned for cancellation) and

15 (lost and not received) of Schedule 3.

3. Total number of postal ballot papers cancelled under

paragraph 26 of Schedule 3 (where the first ballot paper

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was cancelled and retrieved).

4. Total number of postal ballot papers issued (1+2+3).

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 3 — Forms referred to in Parts 1 and 2
210

B.(1) Receipt of ballot papers and replacements
Number for voting

area

5. Number of covering envelopes received by the

counting officer or at a polling station before the close of

poll (excluding any undelivered or returned under

5

paragraphs 14 (spoilt), 15 (lost) and 26 (cancelled ballot

papers) of Schedule 3).

6. Number of covering envelopes received by the

counting officer after the close of poll, excluding any

returned as undelivered.

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7. Number of postal ballot papers returned spoilt for

cancellation in time for another ballot paper to be issued.

8. Number of postal ballot papers identified as lost or

not received in time for another ballot paper to be

issued.

15

9. Number of ballot papers cancelled and retrieved in

time for another ballot paper to be issued.

10. Number of postal ballot papers returned as spoilt too

late for another ballot paper to be issued.

11. Number of covering envelopes returned as

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undelivered (up

to the date of this statement).

12. Number of covering envelopes not received by the

counting officer by the date of this statement.

13. Total numbers 5 to 12 (This number should be the

25

same as

that in 4 above).

B.(2) Receipt of postal ballot papers - postal voting statements
Number for voting

area

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 3 — Forms referred to in Parts 1 and 2
211

14. Number of covering envelopes set aside for the

verification of personal identifiers on postal voting

statements.

15. Number of postal voting statements not subject to

verification procedure rejected as not completed

5

(excluding rior cancellations).

16. Number of postal voting statements subject to

verification procedure rejected as not completed

(excluding prior cancellations).

17. Number of postal voting statements rejected

10

following verification procedures due to personal

identifiers on the postal voting statement not matching

those in the personal identifiers record (excluding prior

cancellations).

C. Count of postal ballot papers
Number for voting

15

area

18. Number of ballot papers returned by postal voters

which were included in the count of ballot papers.

19. Number of cases in which a covering envelope or its

contents were marked “rejected” (cancellations under

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paragraphs 14, 15 and 26 of Schedule 3 are not rejections

and should be included in items 2, 3, 7, 8 and 9 above).

Date ...........................................................
Signed.......................................

Counting Officer

Address

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................................................................................................................................

..............................................................................................................................................

NOTE

The references to Schedule 3 are references to Schedule 3 to the National

Assembly for Wales (Representation of the People) Order 2007 as applied by the

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Parliamentary Voting System and Constituencies act 2010.

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 1 — Provision about combination
212

Schedule 7
Section 4

Combination of polls: Scotland
Part 1
Provision about combination
General provisions
5
Interpretation
1
The polls to be taken together under section 4(3) are referred to in this
Schedule as “combined polls”.
2
In this Schedule—
“the 2007 Order” means the Scottish Parliament (Elections etc.) Order
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2007 (S.I. 2007/937);
“constituency ballot paper” means a ballot paper for the poll for
electing a constituency member in a Scottish parliamentary election;
“constituency returning officer” is to be construed in accordance with
Article 15 of Schedule 4 to the 2007 Order;
15
“counting agent” means a counting agent for the referendum or a
counting agent for a Scottish parliamentary election (except where
one or other is specified);
“regional ballot paper” means a ballot paper for the poll for electing a
regional member in a Scottish parliamentary election;
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“referendum ballot paper” means a ballot paper for the referendum;
“regional returning officer” has the meaning given by section 12(6) of
the Scotland Act 1998;
“returning officer” means a person who is a constituency returning
officer or a regional returning officer (unless one or other is
25
specified);
“Scottish parliamentary election” means an election in a constituency
held under section 2 of the Scotland Act 1998 (comprising the poll for
electing a constituency member and the poll for electing regional
members);
30
“Scottish Parliamentary Election Rules” means the rules set out in
Schedule 2 to the 2007 Order.
Cost of combined polls
3
The cost of taking the combined polls (excluding any cost solely attributable
to the referendum or the Scottish parliamentary election), and any cost
35
attributable to their combination, is to be apportioned equally between—
(a)
the referendum, and
(b)
the Scottish parliamentary election.
4     (1)
In section 29 of the 1983 Act (payments by and to returning officer) as it has
effect for the purposes of a Scottish parliamentary election by virtue of
40
Article 19 of the 2007 Order, subsections (3) to (9) 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,

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 1 — Provision about combination
213

would be exercisable by a returning officer (“transferred functions”),
and
(b)
as if, in relation to that counting officer, a reference to services or
expenses were to services rendered or expenses incurred in respect
of transferred functions.
5
      (2)
An order under subsection (3)(b) of that section (as it has effect as mentioned
above) may include special provision for services rendered or expenses
incurred by a counting officer in respect of transferred functions.
      (3)
Article 20 of the 2007 Order (taxation of returning officer’s accounts) applies
as if a reference to a returning officer included a reference to a counting
10
officer carrying out transferred functions.
Forms
5
Forms 2, 3, 4, 6, 7 and 9 in Part 3 of this Schedule are “relevant forms” for the
purposes of rule 10 of the referendum rules.
Action to be taken before poll
15
Corresponding number lists
6     (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 4 to the
2007 Order.
      (2)
The function of the constituency returning officer under rule 29 of the
20
Scottish Parliamentary Election Rules is to be carried out by the counting
officer.
      (3)
If the counting officer thinks fit, the lists prepared under rule 29 of the
Scottish Parliamentary Election Rules and rule 6 of the referendum rules
may be combined in the form set out in Form 1 in Part 3 of this Schedule.
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      (4)
In that case, this paragraph applies instead of—
(a)
rule 6(2) of the referendum rules;
(b)
rule 29(2) of the Scottish Parliamentary Election Rules.
7     (1)
This paragraph applies where proceedings on the issue and receipt of postal
ballot papers are not taken together by virtue of paragraph 2 of Schedule 4
30
to the 2007 Order.
      (2)
The counting officer must prepare a list under sub-paragraph (3) or (4) as the
officer thinks fit.
      (3)
A list under this sub-paragraph is a list containing the numbers and other
unique identifying marks of all of the ballot papers to be provided to
35
presiding officers in pursuance of rule 38(1) of the Scottish Parliamentary
Election Rules.

The list must be in form Z set out in the Appendix to those Rules.
      (4)
A list under this sub-paragraph is a list containing the numbers and other
unique identifying marks of all of the ballot papers to be provided to
40
presiding officers in pursuance of the following provisions—
(a)
rule 17(1) of the referendum rules;
(b)
rule 38(1) of the Scottish Parliamentary Election Rules.

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 1 — Provision about combination
214


The list must be in the form set out in Form 1 in Part 3 of this Schedule.
      (5)
A list prepared under rule 29 of the Scottish Parliamentary Election Rules
must not include details relating to ballot papers in relation to which a list is
prepared under sub-paragraph (3) or (4).
      (6)
A reference in an enactment to a list prepared under rule 29 of the Scottish
5
Parliamentary Election Rules has effect, in so far as it relates to ballot papers
to be provided in pursuance of rule 38(1) of those rules, as a reference to the
list prepared under sub-paragraph (3) or (4).
      (7)
Where the counting officer prepares a list under sub-paragraph (4) in
relation to ballot papers —
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(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
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reference to the list prepared under sub-paragraph (4).
Notice of polling stations
8
The functions of the constituency returning officer under rule 33(2) of the
Scottish Parliamentary Election Rules are to be carried out by the counting
officer.
20
9     (1)
The notice given by a constituency returning officer under rule 33(2) of the
Scottish Parliamentary Election Rules must—
(a)
state that the poll at the Scottish parliamentary election is to be taken
together with the poll for the referendum;
(b)
specify the relevant voting area.
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      (2)
The notice given by a counting officer under rule 11(3) of the referendum
rules must—
(a)
state that the poll for the referendum is to be taken together with the
polls for the relevant Scottish parliamentary election, and
(b)
specify the relevant constituency.
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Postal voting
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 4 to the
2007 Order.
      (2)
The functions of the constituency returning officer under rule 34 of the
35
Scottish Parliamentary Election Rules are to be carried out by the counting
officer.
      (3)
The form of postal voting statement to be issued to those entitled to vote by
post in the referendum and in the Scottish parliamentary election must be in
the form set out in Form 2 in Part 3 of this Schedule.
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      (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
form.
      (5)
The provisions are—

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 1 — Provision about combination
215

(a)
rule 12(1)(b) of the referendum rules;
(b)
rule 34(1) of the Scottish Parliamentary Election Rules.
11    (1)
This paragraph applies where proceedings on the issue and receipt of postal
ballot papers are not taken together by virtue of paragraph 2 of Schedule 4
to the 2007 Order.
5
      (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.
10
      (4)
The form of postal voting statement to be issued to those entitled to vote in
the Scottish parliamentary election 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 34(1) of the
Scottish Parliamentary Election Rules for a postal voting statement to be in
15
a particular form.
Polling stations
12
The functions of the constituency returning officer under rule 35 of the
Scottish Parliamentary Election Rules are to be carried out by the counting
officer.
20
13
The referendum polling stations are to be used for the combined polls.
Appointment of presiding officers and clerks
14
The functions of the constituency returning officer under the following
paragraphs of rule 36 of the Scottish Parliamentary Election Rules are to be
carried out by the counting officer—
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(a)
paragraph (1) so far as it relates to the appointment of presiding
officers and clerks;
(b)
paragraph (2).
Official poll cards
15    (1)
If the counting officer thinks fit, the official poll cards used for the
30
referendum and the Scottish parliamentary election may be combined.
      (2)
In that case, the forms required to be used for official poll cards for the
referendum and election must be adapted in whatever manner seems
necessary.
Equipment of polling stations
35
16
The functions of the constituency returning officer under rule 38 of the
Scottish Parliamentary Election 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 Scottish parliamentary election (in which case
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