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 7 — Combination of polls: Scotland
Part 1 — Provision about combination
216

the second sentence of rule 38(1) of the Scottish Parliamentary Election Rules
does not apply).
      (2)
Where separate ballot boxes are used, each must be clearly marked—
(a)
to show whether it is for referendum ballot papers, constituency
ballot papers or regional ballot papers, and
5
(b)
to show the colour of ballot papers that should be placed in it.
Colour of ballot papers
18
The referendum ballot papers must be of a different colour from the colour
of the constituency ballot papers or the regional ballot papers.
Form of corresponding number lists provided to polling stations
10
19    (1)
If the counting officer thinks fit, the lists to be provided under the following
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 38(3)(d) of the Scottish Parliamentary Election Rules.
15
      (2)
In that case, this paragraph applies instead of the second sentence in rule
17(3) of the referendum rules.
Ballot paper displayed in polling stations
20    (1)
The large version of the ballot paper displayed inside the polling station
under rule 17(4)(a) of the referendum rules must be of the same colour as the
20
ballot papers to be used for the referendum.
      (2)
The enlarged sample copy of the constituency ballot paper displayed at the
polling station under rule 38(4)(a) of the Scottish Parliamentary Election
Rules, and the enlarged sample copy of the regional ballot paper displayed
under that rule, must be of the same colour as the actual ballot papers.
25
Guidance to be exhibited outside and inside 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 outside and inside every polling
station.
30
      (2)
This paragraph applies instead of—
(a)
rule 17(6) of the referendum rules;
(b)
rule 38(11) and (12) of the Scottish Parliamentary Election Rules.
Guidance to be exhibited in each polling station compartment
22    (1)
A notice in the form set out in Form 7 in Part 3 of this Schedule, giving
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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;
(b)
rule 38(13) of the Scottish Parliamentary Election Rules.
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Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 1 — Provision about combination
217

Notice of appointment of polling and counting agents
23
A notice required to be given to a constituency returning officer under
rule 39(4), (5) or (6) of the Scottish Parliamentary Election Rules is to be given
instead to the counting officer.
Notification of requirement of secrecy
5
24
The functions of the constituency returning officer under rule 40(1) of the
Scottish Parliamentary Election Rules are to be carried out by the counting
officer.
The poll
Admission to the polling station
10
25    (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 a Scottish parliamentary election if the poll for the election were held on
its own.
      (2)
Rule 41(1) of the Scottish Parliamentary Election Rules has effect as if the
15
persons listed there included persons who would be entitled to be admitted
to the polling station for the referendum if the poll for the referendum were
held on its own.
Voting by persons on duty on day of poll
26    (1)
Paragraph 2(5) of Schedule 3 has effect as if in the words after paragraph (b)
20
the reference to any polling station were to any polling station in the same
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.
25
27
The returning officer’s function of signing certificates as to employment
under rule 41(4) of the Scottish Parliamentary Election Rules is to be carried
out by the counting officer.
Removal from polling station
28
The constituency returning officer’s function under rule 42(2)(b) of the
30
Scottish Parliamentary Election Rules of authorising someone to remove a
person from a polling station is to be carried out by the counting officer.
Voting procedure: copies of registers and lists of proxies
29    (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
35
and the Scottish parliamentary election—
(a)
rule 28(2) of the referendum rules;
(b)
rule 46(2) of the Scottish Parliamentary Election Rules.

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 1 — Provision about combination
218

      (2)
Sub-paragraphs (3) and (4) apply where the same copy of the register is used
as mentioned in sub-paragraph (1).
      (3)
In a case where a referendum ballot paper, and a constituency ballot paper
and regional ballot paper, are delivered at the same time, a single mark must
be placed in the register against the number of the elector under—
5
(a)
rule 28(2)(c) of the referendum rules, and
(b)
rule 46(2)(c) of the Scottish Parliamentary Election 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.
10
      (5)
In the case of an elector who is added to the register in pursuance of a notice
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
15
read as references to a mark being made on the copy of the notice.
      (6)
Where the same copy of the register is used as mentioned in sub-paragraph
(1), this paragraph applies instead of rule 46(7) of the Scottish Parliamentary
Election Rules except so far as it relates to the list of proxies.
30    (1)
If the counting officer thinks fit, the counting officer may require the relevant
20
registration officer to produce a combined list of proxies for the referendum
and the Scottish parliamentary election.
      (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
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marked in a way that—
(a)
identifies the proxy,
(b)
identifies the elector for whom the proxy is applying for the ballot
paper, and
(c)
indicates whether the ballot paper is a referendum ballot paper, a
30
constituency ballot paper or a regional ballot paper.
      (4)
Sub-paragraph (3) applies instead of—
(a)
rule 28(2)(d) of the referendum rules;
(b)
rule 46(2)(d) of the Scottish Parliamentary Election Rules and rule
46(7) of those rules so far as it relates to the list of proxies.
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31    (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)
If the counting officer think fit, the counting officer may require the relevant
registration officer to produce a combined postal voters list and a combined
40
proxy postal voters list for the referendum and the Scottish parliamentary
election.
List of votes marked by presiding officer
32    (1)
If the counting officer thinks fit, a single list of votes marked by the presiding
officer may be used in respect of—
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Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 1 — Provision about combination
219

(a)
votes marked on referendum ballot papers,
(b)
votes marked on constituency ballot papers, and
(c)
votes marked on regional ballot papers.
      (2)
Where a person’s entry in that list does not relate to all three kinds of ballot
paper, the entry must identify each kind 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 Scottish Parliamentary Election 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 Scottish Parliamentary Election Rules.
Declaration to be made by the companion of a voter with disabilities
33    (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 Scottish Parliamentary Election Rules.
      (3)
This paragraph applies instead of—
(a)
rule 31(5)(a) of the referendum rules;
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(b)
rule 48(7)(a) of the Scottish Parliamentary Election Rules.
List of voters with disabilities assisted by companions
34    (1)
If the counting officer thinks fit, a single list of voters with disabilities
assisted by companions may be used may be used in respect of—
(a)
votes marked on referendum ballot papers,
25
(b)
votes marked on constituency ballot papers, and
(c)
votes marked on regional ballot papers.
      (2)
Where a person’s entry in that list does not relate to all three kinds of ballot
paper, the entry must identify each kind to which it relates.
      (3)
In this paragraph “list of voters with disabilities assisted by companions”
30
means a list compiled under—
(a)
rule 31(8) of the referendum rules, or
(b)
rule 48(4) of the Scottish Parliamentary Election Rules.
      (4)
Where a single list is used as mentioned in sub-paragraph (1), this paragraph
applies instead of rule 48(9) of the Scottish Parliamentary Election Rules.
35
Tendered votes list
35    (1)
If the counting officer thinks fit, a single tendered votes list may be used in
respect of—
(a)
tendered referendum ballot papers,
(b)
tendered constituency ballot papers, and
40
(c)
tendered regional ballot papers.

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 1 — Provision about combination
220

      (2)
Where a person’s entry in that list does not relate to all three kinds of
tendered ballot paper, the entry must identify each kind 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 Scottish Parliamentary Election 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 Scottish Parliamentary Election Rules.
Lists relating to correction of errors on day of poll
36    (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 in respect of—
(a)
referendum ballot papers,
(b)
constituency ballot papers, and
(c)
regional ballot papers.
      (2)
Where a person’s entry in that list does not relate to all three kinds of ballot
15
paper, the entry must identify each kind 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 Scottish Parliamentary Election Rules.
Notice of adjournment in case of riot
37
Rule 52(1) of the Scottish Parliamentary Election Rules has effect as if
“counting officer” were substituted for “constituency returning officer”.
Procedure on close of poll
25
38    (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 a Scottish
parliamentary election.
      (2)
In rule 53(1) of the Scottish Parliamentary Election Rules—
(a)
the reference to polling agents includes a reference to polling agents
30
appointed for the purposes of the referendum, and
(b)
sub-paragraph (g) does not apply.
39    (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—
35
(a)
rule 38(1)(b), (c) or (f) of the referendum rules;
(b)
rule 53(1)(a), (b) or (d) of the Scottish Parliamentary Election Rules.
40
In rule 53(1) of the Scottish Parliamentary Election Rules references to a
constituency returning officer are to be read as references to the counting
officer.
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Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 1 — Provision about combination
221

41
The ballot paper accounts prepared under rule 38(6) of the referendum rules
and rule 53(3) of the Scottish Parliamentary Election Rules may not be
combined.
Counting of votes
Attendance and arrangements for counting
5
42    (1)
The counting officer must make arrangements for counting the ballot papers
and carrying out the other functions conferred by paragraph 46 in the
presence of the counting agents.
      (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
10
proceedings under paragraph 46 will begin.
      (3)
A person may be present at the proceedings under paragraph 46 only if—
(a)
the person is entitled to be present at the counting of the votes for the
referendum or the Scottish parliamentary election, or
(b)
the person is permitted by the counting officer to attend.
15
      (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
the efficient conduct of the proceedings, and
(b)
the officer has consulted the referendum agents and election agents
20
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
(b)
whatever information with respect to the proceedings,

the officer can give them consistently with the orderly conduct of the
25
proceedings and the discharge of the officer’s duties.
43
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”.
44    (1)
The constituency returning officer must make arrangements for counting
30
the votes for the Scottish parliamentary election 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 47.
      (2)
The constituency returning officer must give the counting agents for the
Scottish parliamentary election and the regional returning officer notice in
35
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 a Scottish
parliamentary election only if—
(a)
the person is permitted by the constituency returning officer to
40
attend, or
(b)
the person would be entitled to be present at the counting of votes for
the Scottish parliamentary election if it were taken on its own.

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 1 — Provision about combination
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      (4)
The constituency 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
5
impracticable to do so.
      (5)
The constituency returning officer must give the counting agents for the
Scottish parliamentary election—
(a)
whatever reasonable facilities for overseeing the proceedings, and
(b)
whatever information with respect to the proceedings,
10

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 Scottish
15
parliamentary election are entitled to satisfy themselves that the ballot
papers are correctly sorted.
45
Paragraphs 42 and 44 apply instead of rule 54 of the Scottish Parliamentary
Election Rules.
Counting and separation of ballot papers by counting officer
20
46    (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 referendum ballot
papers, constituency ballot papers and regional ballot papers;
(b)
where proceedings on the issue and receipt of postal ballot papers for
25
the referendum and the Scottish parliamentary election are taken
together by virtue of paragraph 2 of Schedule 4 to the 2007 Order,
count the postal ballot papers that have been duly returned for the
referendum, the constituency poll and the regional poll and record
separately the number relating to each;
30
(c)
where proceedings on the issue and receipt of postal ballot papers for
the referendum and the Scottish parliamentary election are not taken
together by virtue of paragraph 2 of Schedule 4 to the 2007 Order,
count the duly returned referendum ballot papers and record the
number;
35
(d)
separate the referendum ballot papers, the constituency ballot
papers and the regional ballot papers.
      (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—
40
(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.
      (4)
The counting officer must, in the presence of the referendum agents and the
45
election agents for the Scottish parliamentary election—