Parliamentary Voting System and Constituencies Bill

House of Commons

Session 2010 - 11
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Parliamentary Voting System and Constituencies Bill

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
34

Equipment of polling stations
17    (1)
The counting officer must provide each presiding officer with however
many ballot boxes and ballot papers the counting officer thinks are
necessary.
      (2)
Every ballot box must be constructed so that the ballot papers can be put in
5
it, but cannot be withdrawn from it, without the box being unlocked or (in
the case of a box without a lock) the seal being broken.
      (3)
The counting officer must provide each polling station with—
(a)
materials to enable voters to mark the ballot papers;
(b)
copies of each register of electors used for the referendum that
10
contains the entries relating to the electors allotted to the station (or,
in the case of a register only part of which contains those entries, that
part);
(c)
the parts of any special lists prepared for the referendum
corresponding to each register or part of a register provided under
15
sub-paragraph (b);
(d)
a list consisting of that part of the list prepared under rule 6 that
contains the numbers (but not the other unique identifying marks)
corresponding to those on the ballot papers provided to the
presiding officer of the polling station.
20

The list provided under sub-paragraph (d) must be in the form set out in
Form 11 in Part 2 of this Schedule.
      (4)
The counting officer must also provide each polling station with—
(a)
at least one large version of the ballot paper, which must be
displayed inside the polling station for the assistance of voters who
25
are partially sighted;
(b)
a device for enabling voters who are blind or partially sighted to vote
without any need for assistance from the presiding officer or any
companion (within the meaning of rule 31(1)).
      (5)
The device mentioned in paragraph (4)(b) must—
30
(a)
allow a ballot paper to be inserted into and removed from the device,
or attached to and detached from it, easily and without damage to
the paper;
(b)
keep the ballot paper firmly in place during use;
(c)
provide suitable means for the voter—
35
(i)
to identify the spaces on the ballot paper on which the voter
may mark his or her vote,
(ii)
to identify the answer to which each such space refers, and
(iii)
to mark his or her vote on the space the voter has chosen.
      (6)
A notice in the form set out in Form 12 in Part 2 of this Schedule, giving
40
directions for the guidance of the voters in voting, must be printed in
conspicuous characters and exhibited inside and outside every polling
station.
      (7)
In every compartment of every polling station there must be exhibited the
notice—
45

“Mark one box only. Put no other mark on the ballot paper, or your
vote may not be counted”.

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
35

      (8)
The reference in paragraph (3)(b) to the copies of a register of electors
includes a reference to copies of any notices issued under section 13B(3B) or
(3D) or 13BA(9) of the 1983 Act in respect of alterations to the register.
Appointment of polling and counting agents
18    (1)
A referendum agent may, before the commencement of the poll, appoint—
5
(a)
polling agents to attend at polling stations for the purpose of
detecting personation;
(b)
counting agents to attend at the counting of the votes.
      (2)
A referendum agent may, for each count, designate one counting agent as a
person authorised to require a re-count under rule 41.
10

A designation under this paragraph must be made at the same time as the
person’s appointment as a counting agent.
      (3)
In paragraph (2) “count” includes a re-count and “re-count” includes a
further re-count.
      (4)
The counting officer may limit the number of counting agents that may be
15
appointed, so long as—
(a)
the number that may be appointed by each referendum agent is the
same, and
(b)
the number that may be appointed by each referendum agent is not
(except in special circumstances) less than the number obtained by
20
dividing the number of clerks employed on the counting by the
number of referendum agents.
      (5)
For the purposes of paragraph (4)(b), a counting agent appointed by more
than one referendum agent is to be treated as a separate agent for each of
them.
25
      (6)
A referendum agent who appoints a polling or counting agent must give the
counting officer notice of the appointment by no later than the 5th day before
the day of the poll.
      (7)
If a polling or counting agent dies, or becomes incapable of acting, the
referendum agent may appoint another agent and must give the counting
30
officer notice of the new appointment as soon as practicable.
      (8)
If a referendum agent designates a counting agent under paragraph (2) the
notice under paragraph (6) or (7) must include notice of that fact.
      (9)
A notice under paragraph (6) or (7)—
(a)
must be in writing, and
35
(b)
must give the name and address of the appointee.
     (10)
In the following provisions of these rules, references to polling agents and
counting agents are to be read as references to polling or counting agents
appointed under paragraph (1) or (7)—
(a)
whose appointments have been duly made and notified, and
40
(b)
where the number of agents is restricted, who are within the
permitted numbers.
     (11)
Any notice required to be given to a counting agent by the counting officer
may be delivered at, or sent by post to, the address stated in the notice of
appointment.
45

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
36

     (12)
A referendum agent may do or assist in doing anything that a polling or
counting agent appointed by him or her is authorised to do; and anything
required or authorised by these rules to be done in the presence of the
polling or counting agents may be done in the presence of a referendum
agent instead of his or her polling or counting agents.
5
     (13)
Where by these rules anything is required or authorised to be done in the
presence of the polling or counting agents, the non-attendance of any agent
or agents at the time and place appointed for the purpose does not invalidate
the thing (if the thing is otherwise duly done).
Notification of requirement of secrecy
10
19
The counting officer must make whatever arrangements the officer thinks
are appropriate to ensure that—
(a)
every person attending at a polling station (otherwise than for the
purpose of voting, or assisting a voter with disabilities to vote, or as
a constable on duty there) has been given a copy in writing of the
15
provisions of subsections (1), (3) and (6) of section 66 of the 1983 Act
as modified by Schedule 4;
(b)
every person attending at the counting of the votes (other than any
constable on duty at the counting) has been given a copy in writing
of the provisions of subsections (2) and (6) of that section as so
20
modified.
Return of postal ballot papers
20    (1)
Where—
(a)
a postal vote has been returned in respect of a person who is entered
in the postal voters list, or
25
(b)
a proxy postal vote has been returned in respect of a proxy who is
entered in the proxy postal voters list,

the counting officer must mark the list in the manner prescribed by the
relevant regulations.
      (2)
Rule 40(3) and (4) does not apply for the purpose of determining whether,
30
for the purposes of this rule, a postal vote or a proxy postal vote is returned.
The poll
Admission to polling station
21    (1)
The presiding officer must exclude from the polling station everyone
except—
35
(a)
voters,
(b)
persons under the age of 18 who accompany voters to the polling
station,
(c)
the Chief Counting Officer, the Regional Counting Officer (in the
case of a polling station in a region for which a Regional Counting
40
Officer is appointed) and the counting officer,
(d)
the referendum agents,
(e)
the polling agents appointed to attend at the polling station,
(f)
the clerks appointed to attend at the polling station,

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
37

(g)
persons who are entitled to attend by virtue of any of sections 6A
to 6D of the 2000 Act,
(h)
the constables on duty, and
(i)
the companions of voters with disabilities attending at the polling
station.
5
      (2)
The presiding officer must regulate the total number of voters and persons
under the age of 18 who accompany them to be admitted to the polling
station at the same time.
      (3)
No more than one polling agent may be admitted at the same time to a
polling station on behalf of the same referendum agent.
10
      (4)
A constable or person employed by a counting officer may be admitted to
vote in person elsewhere than at the polling station allotted under these
rules only on production and surrender of a certificate (in these rules
referred to as a “certificate as to employment on duty on the day of the poll”)
that—
15
(a)
confirms that the person is a constable or, as the case may be, is
employed by a counting officer,
(b)
is in the form set out in Form 13 in Part 2 of this Schedule, and
(c)
is signed by an officer of police of or above the rank of inspector or,
as the case may be, by the counting officer.
20
      (5)
A certificate surrendered under this rule must be cancelled immediately.
Keeping of order in polling station
22    (1)
It is the presiding officer’s duty to keep order at the officer’s polling station.
      (2)
If a person engages in misconduct in a polling station or fails to obey the
presiding officer’s lawful orders, the person may immediately, by the
25
presiding officer’s order, be removed from the polling station—
(a)
by a constable in or near that station, or
(b)
by any other person authorised in writing by the counting officer to
discharge this function.
      (3)
A person so removed may not, without the presiding officer’s permission,
30
re-enter the polling station that day.
      (4)
The powers conferred by this rule may not be exercised so as to prevent a
voter who is otherwise entitled to vote at a polling station from having an
opportunity to vote at that station.
Sealing of ballot boxes
35
23    (1)
Immediately before the commencement of the poll, the presiding officer
must show anyone present in the polling station that the ballot box is empty.
      (2)
The presiding officer must then–
(a)
lock the box (if it has a lock) and place his or her seal on it in a manner
that prevents it from being opened without breaking the seal, and
40
(b)
place the box in his or her view for the receipt of ballot papers, and
keep it so locked (if it has a lock) and sealed.

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
38

Questions to be put to voters
24    (1)
At the time of the application (but not afterwards), the questions specified in
the second column of the table—
(a)
may be put by the presiding officer to a person who is mentioned in
the first column, and
5
(b)
must be put if the letter “R” appears after the question and a
referendum or polling agent requires the question to be put.

Person applying for
Questions

ballot paper

1
A person applying
(a)
“Are you the person registered

10

as an elector
in the register of electors as

follows (read out the whole entry

from the register)?” [R]

(b)
“Have you already voted in the

referendum on the voting

15

system for United Kingdom

parliamentary elections, here or

elsewhere, otherwise than as

proxy for some other person?”

[R]

20

(c)
In Northern Ireland, “What is

your date of birth?”

2
A person applying
(a)
“Are you the person whose

as proxy
name appears as A B in the list

of proxies for the referendum

25

on the voting system for United

Kingdom parliamentary

elections as entitled to vote as

proxy on behalf of C D?” [R]

(b)
“Have you already voted in the

30

referendum on the voting

system for United Kingdom

parliamentary elections, here or

elsewhere, as proxy on behalf of

C D?” [R]

35

(c)
“Are you the spouse, civil

partner, parent, grandparent,

brother/sister, child or

grandchild of C D?” [R]

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
39

Person applying for
Questions

ballot paper

3
A person applying
(a)
“Are you the person entitled to

in England and
vote as proxy on behalf of the

Wales or Scotland
elector whose number on the

5

as proxy for an
register of electors is (read out

elector with an
the number from the register)?”

anonymous
[R]

entry (instead of
(b)
“Have you already voted in the

the questions at
referendum on the voting

10

entry 2)
system for United Kingdom

parliamentary elections, here or

elsewhere, as proxy on behalf of

the elector whose number on

the register of electors is (read

15

out the number from the

register)?” [R]

(c)
“Are you the spouse, civil

partner, parent, grandparent,

brother/sister, child or

20

grandchild of the person whose

number on the register of

electors is (read out the number

from the register)?” [R]

4
Person applying

“Have you already voted in the

25

as proxy if the
referendum on the voting

question at entry
system for United Kingdom

2(c), or 3(c) (if
parliamentary elections on

applicable), is not
behalf of two persons of whom

answered in the
you are not the spouse, civil

30

affirmative
partner, parent, grand-parent,

brother/sister, child or

grandchild?” [R]

5
A person applying
(a)
“Did you apply to vote by

as an elector in
post?”

35

relation to whom
(b)
“Why have you not voted by

there is an entry in
post?”

the postal voters

list

6
A person applying
(a)
“Did you apply to vote by post

40

as proxy who is
as proxy?”

named in the
(b)
“Why have you not voted by

proxy postal
post as proxy?”

voters list

      (2)
In the case of a voter in respect of whom a notice has been issued under
45
section 13B(3B) or (3D) or 13BA(9) of the 1983 Act, references in the table to
reading from the register are to be read as references to reading from that
notice.

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules
40

      (3)
A ballot paper must not be delivered to any person required to answer any
of the above questions unless the person has answered each question
satisfactorily.
      (4)
Except as authorised by this rule, no inquiry is permitted as to the right of
any person to vote.
5
Challenge of voter
25
A person is not to be prevented from voting by reason only that—
(a)
a referendum or polling agent declares that there is reasonable cause
to believe that the person has committed an offence of personation,
or
10
(b)
the person is arrested on suspicion of committing or of being about
to commit an offence of personation.
Voting procedure
26
A ballot paper must be delivered to a voter who applies for one, subject to
any provision of these rules to the contrary.
15
27    (1)
In Northern Ireland a ballot paper must not be delivered to a voter unless the
voter has produced a specified document to the presiding officer or a clerk.
      (2)
A clerk or presiding officer in Northern Ireland to whom a specified
document is produced must not deliver a ballot paper to the voter if the clerk
or officer decides that—
20
(a)
the document raises a reasonable doubt as to whether the voter is the
elector or proxy he or she claims to be, or
(b)
the apparent age of the voter as compared with the date of birth
supplied in pursuance of section 10(4A)(b), 10A(1A)(b) or
13A(2A)(b) of the 1983 Act raises a reasonable doubt as to whether
25
the voter is the elector or proxy he or she claims to be.
      (3)
Where such a decision is made by a clerk, the clerk must refer the case to the
presiding officer, who must deal with it under this rule as if the specified
document had been produced to the officer in the first place.

The presiding officer must deal with the case in person (and accordingly rule
30
14(3) does not apply).
      (4)
For the purposes of this rule a specified document is one that for the time
being falls within the following list—
(a)
a licence to drive a motor vehicle if the licence bears the photograph
of the person to whom it is issued;
35
(b)
a passport issued by the Government of the United Kingdom or by
the Government of the Republic of Ireland;
(c)
an electoral identity card, issued under section 13C of the 1983 Act;
(d)
a Senior SmartPass issued under the Northern Ireland
Concessionary Fares Scheme for use from 1st May 2002;
40
(e)
a Blind Person’s SmartPass, issued under the Northern Ireland
Concessionary Fares Scheme for use from 1st May 2002;
(f)
a War Disabled SmartPass, issued under the Northern Ireland
Concessionary Fares Scheme for use from 1st May 2002;
(g)
a 60+ SmartPass issued under the Northern Ireland Concessionary
45
Fares Scheme for use from 1st October 2008.