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 2 — Application of provisions about issue and receipt of postal ballot papers
230

Provision
Modification

(1C)
The following are appropriate persons in

relation to the referendum—

(a)
the counting officer;

(b)
the counting officer’s clerks;

5

(c)
the referendum agents and any

agents appointed under sub-

paragraph (3).

(1D)
This paragraph is without prejudice to

section 6A, 6B, 6C, 6D or 6E of the 2000

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Political Parties Act.”

In sub-paragraph (2)—

(a)
for “constituency returning officer”

substitute “relevant returning or counting

officer”;

15

(b)
at the end insert “in relation to proceedings

under this Schedule”.

In sub-paragraphs (3) to (8), for “constituency

returning officer” substitute “relevant returning or

counting officer”.

20

Omit sub-paragraph (5).

After sub-paragraph (8) insert—

“(8A)
In relation to the referendum, in sub-

paragraph (3), (4), (6) or (9) a reference to a

candidate for return as a constituency

25

member is to be read as a reference to a

referendum agent.”

In sub-paragraph (10), for “the candidates or their

agents” substitute “any persons mentioned in sub-

paragraphs (1B)(c) to (f) or (1C)(c)”.

30

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
231

Provision
Modification

Paragraph 6 (notification of
For paragraph 6 substitute—

requirement of secrecy)
“6
Notification of requirements of secrecy

(1)
In a case where proceedings on the issue and

receipt of postal ballot papers are taken

5

together by virtue of paragraph 2, the

counting officer shall make such

arrangements as he thinks fit to ensure that

every person attending the proceedings in

connection with the issue or receipt of postal

10

ballot papers has been given a copy in

writing of—

(a)
the provisions of article 32(5) and (7);

and

(b)
the provisions of subsections (4) and

15

(6) of section 66 of the 1983 Act as

they apply in relation to the

referendum.

(2)
In any other case—

(a)
the constituency returning officer

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shall make such arrangements as he

thinks fit to ensure that every person

attending proceedings in connection

with the issue or receipt of postal

ballot papers for the Scottish

25

parliamentary election has been

given a copy in writing of the

provisions of article 32(5) and (7);

(b)
the counting officer shall make such

arrangements as he thinks fit to

30

ensure that every person attending

proceedings in connection with the

issue or receipt of postal ballot

papers for the referendum has been

given a copy in writing of the

35

provisions of subsections (4) and (6)

of section 66 of the 1983 Act as they

apply to the referendum.”

Paragraph 7 (time when
In sub-paragraph (1), after “voting statement)”

postal ballot papers are to be
insert “for the Scottish parliamentary election”.

40

issued)

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
232

Provision
Modification

After sub-paragraph (1) insert—

   “(1A)
In the case of a person within entry 2, 3 or

4 of the table in paragraph 5(2) of

Schedule 3 to the Parliamentary Voting

5

System and Constituencies Act 2010 or

entry 2, 3 or 4 of the table in paragraph

8(6) of that Schedule (electors and proxies

entitled to vote by post for an indefinite or

definite period), no postal ballot paper

10

(and no postal voting statement) for the

referendum shall be issued until after

5 pm on the eleventh day before the date

of the poll (computed in accordance with

paragraph 7(7) of Schedule 3 to this

15

Order).”

In sub-paragraph (2), omit “by the constituency

returning officer”.

Paragraph 8 (procedure on
In sub-paragraph (1), for “special lists kept under

issue of postal ballot papers)
article 10(5)” substitute “postal voters list”.

20

For sub-paragraph (3) substitute—

“(3)
Sub-paragraphs (3A) and (3B) apply

where—

(a)
proceedings on the issue of postal

ballot papers are taken together by

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virtue of paragraph 2; and

(b)
a combined postal voters list or

proxy postal voters list is produced

by virtue of paragraph 31 of

Schedule 7 to the Parliamentary

30

Voting System and Constituencies

Act 2010.

(3A)
In a case where a postal ballot paper is

issued at the same time in respect of the

Scottish parliamentary election and the

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referendum, a single mark must be placed in

the list under sub-paragraph (1).

(3B)
In any other case, a mark must be placed in

the list under sub-paragraph (1) identifying

the poll to which each postal ballot paper

40

issued relates.

(3C)
Where proceedings on the issue of postal

ballot papers are taken together by virtue of

paragraph 2, the number of each postal

ballot paper issued shall be marked on the

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postal voting statement under paragraph

(2).”

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
233

Provision
Modification

In sub-paragraph (4), for the words from the

beginning to “but” substitute “Where”.

In sub-paragraph (5)—

(a)
in paragraph (a), for “the special list kept

5

under article 10(5)(a)” substitute “the postal

voters list”;

(b)
in paragraph (b), for “the special list kept

under article 10(5)(b)” substitute “the proxy

postal voters list”.

10

In sub-paragraph (6)—

(a)
after “sub-paragraph (5)” insert “in relation

to a Scottish parliamentary election”;

(b)
at the end insert—


“and, in relation to the referendum, the

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items specified in sub-paragraph (5) must

be sent to the address to which postal ballot

papers should be sent as mentioned in

column 3 of the table in paragraph 5(2) or

8(6) of Schedule 3 to the Parliamentary

20

Voting System and Constituencies Act

2010.”

Paragraph 9 (refusal to issue
For paragraph 9 substitute—

postal ballot papers)
“9
Refusal to issue ballot papers

Where the relevant returning or

25

counting officer is satisfied that two or more

entries in either the postal voters list, or the

proxy postal voters list, or in each of those

lists relate to the same elector he shall not

issue more than one constituency ballot

30

paper, regional ballot paper or referendum

ballot paper (as the case may be) in respect of

the same elector.”

Paragraph 10 (envelopes)
In sub-paragraph (1)—

(a)
for “constituency returning officer”

35

substitute “relevant returning or counting

officer”;

(b)
after “Rules” insert “or rule 12 of the

referendum rules”.

In sub-paragraph (2)—

40

(a)
for “constituency returning officer”

substitute “relevant returning or counting

officer”;

(b)
in paragraph (c), at the beginning insert

“unless the envelope has a window through

45

which the number on the ballot paper (or

ballot papers) can be displayed,”.

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
234

Provision
Modification

In sub-paragraph (3), for the words from the

beginning to “but” substitute “Where”.

Paragraph 11 (delivery of
In sub-paragraphs (1) and (2), for “constituency

postal ballot papers)
returning officer” substitute “relevant returning or

5

counting officer”.

Paragraph 12 (security of
In sub-paragraphs (1) and (2), for “constituency

marked lists)
returning officer” substitute “relevant returning or

counting officer”.

Paragraph 13 (spoilt postal
For “constituency returning officer” (in each place)

10

ballot papers)
substitute “relevant returning or counting officer”.

Paragraph 14 (lost postal
For “constituency returning officer” (in each place)

ballot papers)
substitute “relevant returning or counting officer”.

Paragraph 15 (notice of
In sub-paragraph (1)—

opening of postal ballot
(a)
for “constituency returning officer”

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paper envelopes)
substitute “relevant returning or counting

officer”;

(b)
for paragraphs (a) and (b) substitute “each

of the persons mentioned in sub-paragraph

(1A)”.

20

After sub-paragraph (1) insert—

“(1A)
The persons are—

(a)
in relation to the Scottish

parliamentary election, each

candidate for return as a

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constituency member, each

individual candidate for return as a

regional member and the election

agent for each registered party

standing nominated;

30

(b)
in relation to the referendum, the

referendum agents.”

In sub-paragraph (2)(b), after “candidate” insert “or

referendum agent (as the case may be)”.

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
235

Provision
Modification

Return of postal ballot
After paragraph 15 insert—

papers etc
“15A
Return of postal ballot papers etc

(1)
A postal ballot paper shall not be taken to be

duly returned for the purposes of Part 1 of

5

Schedule 7 to the Parliamentary Voting

System and Constituencies Act 2010

unless—

(a)
before the close of the poll—

(i)
it is returned by hand or post

10

and reaches the relevant

returning or counting officer;

or

(ii)
it is returned by hand to a

polling station in the

15

constituency or voting area

for which the officer acts;

(b)
the postal voting statement duly

signed is, before that time, also

returned either—

20

(i)
by hand or post and reaches

the relevant returning or

counting officer; or

(ii)
by hand and reaches such a

polling station;

25

(c)
the postal voting statement also

states the date of birth of the elector

or, as the case may be, proxy; and

(d)
in a case where the relevant

returning or counting officer takes

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steps to verify the date of birth and

signature of the elector or, as the case

may be, proxy in accordance with

paragraph 20A or, as the case may

be, paragraph 20B, he so verifies the

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date of birth and signature of that

elector or, as the case may be, proxy.

(2)
The presiding officer of the polling station

shall deliver or cause to be delivered any

postal ballot paper or postal voting

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statement returned to that polling station to

the relevant returning or counting officer in

the same manner and at the same time as he

delivers, or causes to be delivered, the

packets referred to in rule 53 of Schedule 2 or

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rule 38 of the referendum rules.

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
236

Provision
Modification

(3)
The relevant returning or counting officer

may collect, or cause to be collected, any

postal ballot paper or postal voting

statement which by virtue of sub-paragraph

5

(2) the presiding officer of a polling station

would otherwise be required to deliver or

cause to be delivered to him.

(4)
Where the relevant returning or counting

officer collects, or causes to be collected, any

10

postal ballot paper or postal voting

statement in accordance with sub-paragraph

(3) the presiding officer shall first make it (or

them) up into a packet (or packets) sealed

with his own seal and the seals of such

15

polling agents as are present and desire to

affix their seals.”

Paragraph 16 (postal ballot
For “constituency returning officer” (in each place)

boxes and receptacles)
substitute “relevant returning or counting officer”.

For sub-paragraph (2) substitute—

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“(2)
Each of those ballot boxes—

(a)
shall be marked “postal voter’s ballot

box” or “postal ballot box” as

appropriate;

(b)
shall be marked with the name of

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each constituency, electoral area or

voting area in relation to which it is

to be used.”

In sub-paragraph (4), after “lock the ballot box”

insert “(if it has a lock)”.

30

Paragraph 17 (receipt of
In sub-paragraphs (1) and (2), for “constituency

covering envelope)
returning officer” substitute “relevant returning or

counting officer”.

Omit sub-paragraphs (3) and (4).

Paragraph 18 (opening of
In sub-paragraphs (1) and (2), for “constituency

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postal voters’ ballot box)
returning officer” substitute “relevant returning or

counting officer”.

In sub-paragraph (3), for “votes under rule 55 of the

Scottish Parliamentary Election Rules” substitute

“ballot papers”.

40

Paragraph 19 (opening of
For “constituency returning officer” (in each place)

covering envelopes)
substitute “relevant returning or counting officer”.

In sub-paragraph (7), for “or (3)(a)” substitute

“, (3A) or (3B)”.