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Parliamentary Voting System and Constituencies Bill


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

223

 

(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);

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(b)   

draw up a separate statement as to the result of the verification in

relation to each poll.

      (5)  

An election agent for the Scottish parliamentary election may copy the

statement relating to that election.

      (6)  

A counting agent for the referendum present at the verification may copy

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the statement relating to the referendum.

      (7)  

Once the statement relating to the referendum is drawn up, the counting

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

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contents of the statement;

(b)   

in the case of any other voting area, inform the Chief Counting

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

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47    (1)  

The counting officer must deliver or cause to be delivered to the

constituency returning officer the ballot papers for the Scottish

parliamentary election.

      (2)  

The counting officer must also deliver or cause to be delivered to the

constituency returning officer the packets of—

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(a)   

the ballot paper accounts and the statements as to the result of the

verification of the ballot paper accounts for the Scottish

parliamentary election;

(b)   

the unused and spoilt ballot papers for that election;

(c)   

the tendered ballot papers for that election;

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(d)   

the certificates as to employment on duty on the day of the poll for

that election.

      (3)  

If the counting officer has not begun to count the votes given on the

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

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prepared—

(a)   

those ballot papers 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 counting officer begins

dealing with the ballot papers in those packets under paragraph

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48(1).

      (4)  

If, in respect of the constituency poll or the regional poll, none of the ballot

papers have been delivered under sub-paragraph (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—

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(a)   

the ballot papers for that poll must be sealed into packets, each of

which must be endorsed with a description of its contents, and

 
 

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

224

 

(b)   

the packets may not be opened until the constituency returning

officer begins dealing with the ballot papers in those packets under

paragraph 48(3).

Counting of votes

48    (1)  

The counting officer must count the votes given on the referendum ballot

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papers, 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

with the ballot papers from at least one other ballot box.

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      (2)  

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, the

returning officer for the Scottish parliamentary election must count the duly

returned postal constituency ballot papers and the duly returned postal

regional ballot papers and record separately the number relating to each.

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      (3)  

The constituency returning officer must count the votes given on the

constituency ballot papers and regional ballot papers, 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;

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(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.

      (4)  

The counting or constituency returning officer, while counting the votes,

must—

(a)   

keep the ballot papers with their faces upwards, and

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(b)   

take all proper precautions for preventing anyone from seeing the

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

30

refreshment, except that—

(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.

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      (6)  

During the time so excluded the counting or constituency returning officer

must—

(a)   

place the ballot papers and other documents relating to the

referendum or Scottish parliamentary election under the officer’s

own seal and the seals of any of the counting agents who want to

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affix their seals, and

(b)   

otherwise take proper precautions for the security of the papers and

documents.

      (7)  

This paragraph and paragraph 49 apply instead of rule 55 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

225

 

Ballot papers placed in wrong ballot box

49         

Where separate ballot boxes are used for referendum ballot papers,

constituency ballot papers and regional ballot papers, the placing of a ballot

paper in the wrong ballot box does not render it void.

Declaration of result

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Declaration

50         

The result of the referendum or the constituency or regional poll in the

Scottish parliamentary 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.

10

Disposal of documents etc

Packets of documents

51    (1)  

The counting officer may not open the sealed packets of—

(a)   

the completed corresponding number lists for the Scottish

parliamentary election, or

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(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 the Scottish parliamentary election.

      (2)  

Rule 68(2) of the Scottish Parliamentary Election Rules has effect as if sub-

paragraphs (b) and (d) were omitted.

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Delivery and retention of documents

52    (1)  

Rules 50(1)(b) and 52 of the referendum rules apply to the specified

documents.

      (2)  

The specified documents are those specified in rule 69(1)(e), (f) and (h) of the

Scottish Parliamentary Election Rules.

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      (3)  

Rule 70 of the Scottish Parliamentary Election Rules applies to the specified

documents as if references to the sheriff clerk were to the counting officer

retaining the documents under rule 50(1)(b) of the referendum rules.

      (4)  

Except for the purposes of this paragraph, rule 69 of the Scottish

Parliamentary Election Rules has effect as if it did not include a reference to

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the specified documents.

      (5)  

Rule 70(8) of the Scottish Parliamentary Election Rules has effect as if for “by

this paragraph provided” there were substituted “provided by this

paragraph (or a court order)”.

Countermand or abandonment of poll on death of candidate

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53    (1)  

Where under rule 72 of the Scottish Parliamentary Election Rules—

(a)   

notice of the constituency poll or the regional poll for the Scottish

parliamentary election is countermanded, or

(b)   

it is directed that the poll be abandoned,

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 2 — Application of provisions about issue and receipt of postal ballot papers

226

 

           

the countermand or direction does not affect the other poll at the Scottish

parliamentary election or the poll for the referendum.

      (2)  

If a poll for the Scottish parliamentary election is abandoned because of a

candidate’s death—

(a)   

no further ballot papers at the abandoned poll must be delivered in

5

any polling station;

(b)   

at the close of the poll for the referendum the presiding officer must

comply with the requirements of rule 53 of the Scottish

Parliamentary Election Rules as if the poll had not been abandoned;

(c)   

the constituency returning officer must dispose of the ballot papers

10

used at the abandoned poll and other documents in the officer’s

possession as the officer would have been required to do on the

completion of the counting of the votes.

      (3)  

In a case falling within sub-paragraph (2)—

(a)   

a ballot paper account for the abandoned poll need not be prepared

15

or verified;

(b)   

the counting officer, having separated the referendum ballot papers,

constituency ballot papers and regional ballot papers, must take no

further step for the counting of the ballot papers used at the

abandoned poll (but must deliver them or cause them to be delivered

20

to the constituency returning officer under paragraph 47 together

with the other documents mentioned in that paragraph);

(c)   

the constituency returning officer must seal up the ballot papers

used at the abandoned poll whether the votes on them have been

counted or not;

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(d)   

it is not necessary to seal up counted and rejected ballot papers used

at the abandoned poll in separate packets.

      (4)  

This paragraph applies instead of rule 72(8) of the Scottish Parliamentary

Election Rules.

Part 2

30

Application of provisions about issue and receipt of postal ballot papers

54    (1)  

For the purposes of the combined polls, Schedule 4 to the Scottish

Parliament (Elections etc.) Order 2007 (S.I. 2007/937) applies—

(a)   

with the modifications shown in the table, and

(b)   

with any other necessary modifications, including in particular those

35

set out in sub-paragraph (2).

      (2)  

Except where the context otherwise requires—

(a)   

in relation to the referendum or Scottish parliamentary 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;

40

(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 (Scotland) Regulations 2001 (S.I. 2001/

497) as they apply in relation to the referendum by virtue of Schedule 4

45

(a)   

regulation 61B(3)(a) has effect as if for the words after “postal ballot

papers,” there were substituted “in accordance with paragraph

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 2 — Application of provisions about issue and receipt of postal ballot papers

227

 

20A(4) or 20B(3)(a) of Schedule 4 to the Scottish Parliament (Elections

etc.) Order 2007”;

(b)   

regulation 116(1) has effect as if for “regulation 91” there were

substituted “paragraph 28 of Schedule 4 to the Scottish Parliament

(Elections etc.) Order 2007”.

5

 

Provision

Modification

 
 

Paragraph 1 (interpretation)

For the definition of “agent” substitute—

 
  

““agent”, except in paragraph

 
  

5(3) to (9)—

 
  

(a)   

in relation to the

 

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election, includes an

 
  

election agent and a

 
  

person appointed to

 
  

attend in the election

 
  

agent’s place;

 

15

  

(b)   

in relation to the

 
  

referendum, means a

 
  

referendum agent or

 
  

an agent appointed

 
  

under paragraph

 

20

  

5(3).”

 
  

In the definition of “proxy postal voters list”, after

 
  

“article 12(7)” insert “or paragraph 8(6) of Schedule

 
  

3 to the Parliamentary Voting System and

 
  

Constituencies Act 2010”.

 

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Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 2 — Application of provisions about issue and receipt of postal ballot papers

228

 
 

Provision

Modification

 
  

In the appropriate places insert—

 
  

““postal voters list” includes the

 
  

list kept under paragraph

 
  

5(2) of Schedule 3 to the

 

5

  

Parliamentary Voting System

 
  

and Constituencies Act

 
  

2010;”;

 
  

““relevant returning or

 
  

counting officer” means—

 

10

  

(a)   

in a case where

 
  

proceedings on the

 
  

issue and receipt of

 
  

postal ballot papers

 
  

are taken together by

 

15

  

virtue of paragraph 2,

 
  

the counting officer;

 
  

(b)   

in any other case, the

 
  

constituency

 
  

returning officer, in

 

20

  

relation to the

 
  

election, or the

 
  

counting officer, in

 
  

relation to the

 
  

referendum;”.

 

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In the definition of “valid postal voting statement”,

 
  

for “constituency returning officer” substitute

 
  

“relevant returning or counting officer”.

 
 

Paragraph 2 (combination of

For paragraph 2 substitute—

 
 

polls)

“2      

Combination of polls

 

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Proceedings on the issue and

 
  

receipt of postal ballot papers in respect of

 
  

the Scottish parliamentary election and the

 
  

referendum may, if the constituency

 
  

returning officer and the counting officer

 

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think fit, be taken together.”

 
 

Paragraph 3 (form of postal

Omit the whole paragraph.

 
 

voting statement)

  
 

Paragraph 4 (persons

In sub-paragraphs (1) and (2), for “constituency

 
 

entitled to be present at

returning officer” substitute “relevant returning or

 

40

 

proceedings on issue of

counting officer”.

 
 

postal ballot papers)

  
 
 

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 2 — Application of provisions about issue and receipt of postal ballot papers

229

 
 

Provision

Modification

 
 

Paragraph 5 (persons

For sub-paragraph (1) substitute—

 
 

entitled to be present at

(1)   

In a case where proceedings on the receipt of

 
 

proceedings on receipt of

postal ballot papers are taken together by

 
 

postal ballot papers)

virtue of paragraph 2, the only persons who

 

5

  

may be present at those proceedings are the

 
  

appropriate persons in relation to the

 
  

Scottish parliamentary election and the

 
  

referendum.

 
  

(1A)   

In any other case, the only persons who may

 

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be present at the proceedings on the receipt

 
  

of postal ballot papers—

 
  

(a)   

in respect of the Scottish

 
  

parliamentary election, are the

 
  

appropriate persons in relation to the

 

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election;

 
  

(b)   

in respect of the referendum, are the

 
  

appropriate persons in relation to the

 
  

referendum.

 
  

(1B)   

The following are appropriate persons in

 

20

  

relation to the Scottish parliamentary

 
  

election—

 
  

(a)   

the constituency returning officer

 
  

and his members of staff;

 
  

(b)   

the regional returning officer;

 

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(c)   

a candidate for return as a

 
  

constituency member or an election

 
  

agent of such a candidate or any

 
  

person appointed by a candidate to

 
  

attend in his election agent’s place;

 

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(d)   

an individual candidate for return as

 
  

a regional member or his election

 
  

agent or any person authorised by

 
  

the candidate to attend in his election

 
  

agent’s place;

 

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(e)   

the election agent of a registered

 
  

party standing nominated or the

 
  

nominating officer of that party or

 
  

any person authorised by that officer

 
  

to attend in his place;

 

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(f)   

an agent appointed under sub-

 
  

paragraph (3).

 
 
 

 
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