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 3 — Absent voting in the referendum
Part 1 — Great Britain
76

Entitlement to vote by post or by proxy
3     (1)
A person entitled to vote in the referendum is entitled to vote by post or by
proxy if sub-paragraph (2) or (3) (as the case may be) applies to the person.
      (2)
This sub-paragraph applies to a person who is shown in the postal voters list
mentioned in paragraph 5(2) as entitled to vote by post in the referendum.
5
      (3)
This sub-paragraph applies to a person who is shown in the list of proxies
mentioned in paragraph 5(3) as entitled to vote by proxy in the referendum.
Application to vote by post or by proxy in the referendum
4     (1)
Where a person applies to the registration officer to vote by post in the
referendum, the registration officer must grant the application if—
10
(a)
the officer is satisfied that the applicant is or will be registered in a
relevant register, and
(b)
the application contains the applicant’s signature and date of birth
and meets the requirements prescribed by the relevant regulations.
      (2)
Where a person applies to the registration officer to vote by proxy in the
15
referendum, the registration officer must grant the application if—
(a)
the officer is satisfied that the applicant’s circumstances on the date
of the poll will be or are likely to be such that the applicant cannot
reasonably be expected to vote in person at the polling station
allotted or likely to be allotted to the applicant under the referendum
20
rules,
(b)
the officer is satisfied that the applicant is or will be registered in a
relevant register, and
(c)
the application contains the applicant’s signature and date of birth
and meets the requirements prescribed by the relevant regulations.
25
      (3)
Where a person—
(a)
has an anonymous entry in a relevant register, and
(b)
applies to the registration officer to vote by proxy in the referendum,

the registration officer must grant the application if it meets the
requirements prescribed by the relevant regulations.
30
      (4)
Nothing in sub-paragraph (1), (2) or (3) applies to—
(a)
a person who is included in the record kept under paragraph 3 of
Schedule 4 to the RPA 2000 (absent vote at elections for definite or
indefinite period) in respect of parliamentary elections,
(b)
a peer who is included in the record kept under paragraph 3 of
35
Schedule 4 to the RPA 2000 (absent vote at elections for definite or
indefinite period) in respect of local government elections, or
(c)
a peer who is included in the record kept under paragraph 3 of
Schedule 2 to the European Parliamentary Elections Regulations
(absent vote at elections for definite or indefinite period).
40
      (5)
But if a person is included in a record mentioned in sub-paragraph (4)(a), (b)
or (c) and is shown in the record as voting by post, the person may, in respect
of the referendum, apply to the registration officer—
(a)
for his or her ballot paper to be sent to a different address from that
shown in the record, or
45
(b)
to vote by proxy.

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 1 — Great Britain
77

      (6)
The registration officer must grant an application under sub-paragraph (5)
if—
(a)
(in the case of any application) it meets the requirements prescribed
by the relevant regulations, and
(b)
(in the case of an application to vote by proxy) the registration officer
5
is satisfied that the applicant’s circumstances on the date of the poll
will be or are likely to be such that the applicant cannot reasonably
be expected to vote in person at the polling station allotted or likely
to be allotted to the applicant under the referendum rules.
      (7)
The registration officer may dispense with the requirement under sub-
10
paragraph (1)(b) or (2)(c) for the applicant to provide a signature if the
officer is satisfied that the applicant—
(a)
is unable to provide a signature because of any disability the
applicant has,
(b)
is unable to provide a signature because the applicant is unable to
15
read or write, or
(c)
is unable to sign in a consistent and distinctive way because of any
such disability or inability.
      (8)
The registration officer must keep a record of those whose applications
under this paragraph have been granted, showing—
20
(a)
their dates of birth, and
(b)
except in cases where the registration officer in pursuance of sub-
paragraph (7) has dispensed with the requirement to provide a
signature, their signatures.
      (9)
The record kept under sub-paragraph (8) must be retained by the
25
registration officer for the period of twelve months beginning with the date
of the poll for the referendum.
Absent voters lists
5     (1)
The registration officer must, for the purposes of the referendum, keep the
two special lists mentioned in sub-paragraphs (2) and (3) respectively.
30
      (2)
The first of those lists is a list (“the postal voters list”) of those within
column 2 of the following table, together with the addresses provided as
mentioned in column 3 as the addresses to which their ballot papers are to
be sent.

Description of person voting by post
Address

35

1
A person whose application under paragraph
Address provided in the

4(1) to vote by post in the referendum has been
person’s application

granted.
under paragraph 4(1).

2
A person who—
Address provided in the

(a)
is for the time being shown in the record
person’s application

40

kept under paragraph 3 of Schedule 4 to
under paragraph 3 of

the RPA 2000 as voting by post at
Schedule 4 to the RPA

parliamentary elections, and
2000 or (as the case may

(b)
is not within entry 1 of this table or entry
be) paragraph 4(5)(a)

1 in the table in sub-paragraph (3).
above.

45

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 1 — Great Britain
78

Description of person voting by post
Address

3
A peer who—
Address provided in the

(a)
is for the time being shown in the record
peer’s application under

kept under paragraph 3 of Schedule 4 to
paragraph 3 of Schedule

the RPA 2000 as voting by post at local
4 to the RPA 2000 or (as

5

government elections,
the case may be)

(b)
is not for the time being shown in the
paragraph 4(5)(a) above.

record kept under paragraph 3 of

Schedule 2 to the European Parliamentary

Elections Regulations as voting by post,

10

or was included in that record before

being included in the record mentioned in

paragraph (a) above, and

(c)
is not within entry 1 of this table or entry

1 in the table in sub-paragraph (3).

15

4
A peer who—
Address provided in the

(a)
is for the time being shown in the record
peer’s application under

kept under paragraph 3 of Schedule 2 to
paragraph 3 of Schedule

the European Parliamentary Elections
2 to the European

20

Regulations as voting by post,
Parliamentary Elections

(b)
is not for the time being shown in the
Regulations or (as the

record kept under paragraph 3 of
case may be) paragraph

Schedule 4 to the RPA 2000 as voting by
4(5)(a) above.

post at local government elections, or was

25

included in that record before being

included in the record mentioned in

paragraph (a) above, and

(c)
is not within entry 1 in this table or entry

1 in the table in sub-paragraph (3).

30

      (3)
The second of the lists mentioned in sub-paragraph (1) is a list (“the list of
proxies”) of those within column 2 of the following table, together with the
names and addresses of their proxies appointed as mentioned in column 3.

Description of person voting by proxy
Proxy

1
A person (not within entry 1 in the table in sub-
Proxy appointed under

35

paragraph (2)) whose application under
paragraph 6.

paragraph 4(2), (3) or (5)(b) to vote by proxy in

the referendum has been granted.

2
A person who—
Proxy appointed under

(a)
is for the time being shown in the record
paragraph 6 of Schedule

40

kept under paragraph 3 of Schedule 4 to
4 to the RPA 2000 for

the RPA 2000 as voting by proxy at
parliamentary elections.

parliamentary elections, and

(b)
is not within entry 1 of this table or entry

1 in the table in sub-paragraph (2).

45

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 1 — Great Britain
79

Description of person voting by proxy
Proxy

3
A peer who—
Proxy appointed under

(a)
is for the time being shown in the record
paragraph 6 of Schedule

kept under paragraph 3 of Schedule 4 to
4 to the RPA 2000 for

the RPA 2000 as voting by proxy at local
local government

5

government elections,
elections.

(b)
is not for the time being shown in the

record kept under paragraph 3 of

Schedule 2 to the European Parliamentary

Elections Regulations as voting by proxy,

10

or was included in that record before

being included in the record mentioned in

paragraph (a) above, and

(c)
is not within entry 1 of this table or entry

1 or 4 in the table in sub-paragraph (2).

15

4
A peer who—
Proxy appointed under

(a)
is for the time being shown in the record
paragraph 6 of Schedule

kept under paragraph 3 of Schedule 2 to
2 to the European

the European Parliamentary Elections
Parliamentary Elections

20

Regulations as voting by proxy,
Regulations.

(b)
is not for the time being shown in the

record kept under paragraph 3 of

Schedule 4 to the RPA 2000 as voting by

proxy at local government elections, or

25

was included in that record before being

included in the record mentioned in

paragraph (a) above, and

(c)
is not within entry 1 in this table or entry

1 or 3 in the table in sub-paragraph (2).

30

      (4)
In the case of a person who has an anonymous entry in a register, the postal
voters list or list of proxies (as the case may be) must show in relation to the
person only—
(a)
his or her electoral number, and
(b)
the period for which the anonymous entry has effect.
35
Proxies
6     (1)
Subject to what follows, any person is capable of being appointed under this
paragraph to vote as proxy for another (the “principal”) in the referendum.
      (2)
The principal cannot have more than one person at a time appointed as
proxy to vote for him or her in the referendum.
40
      (3)
A person is capable of being appointed to vote as proxy only if—
(a)
the person is not subject to any legal incapacity (age apart) to vote in
the referendum in his or her own right, and
(b)
the person is either a Commonwealth citizen or a citizen of the
Republic of Ireland.
45

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 1 — Great Britain
80

      (4)
Where the principal applies to the registration officer for the appointment of
a proxy under this paragraph, the registration officer must make the
appointment if the application meets the requirements prescribed by the
relevant regulations and the officer is satisfied that the principal is or will
be—
5
(a)
registered in a relevant register, and
(b)
entitled to vote by proxy in the referendum by virtue of an
application under paragraph 4(2), (3) or (5)(b),

and that the proxy is capable of being, and willing to be, appointed.
      (5)
The appointment of a proxy under this paragraph is to be made by means of
10
a proxy paper, in the form set out in Part 3 of this Schedule, issued by the
registration officer.
      (6)
The appointment may be cancelled by the principal by giving notice to the
registration officer and also ceases to be in force on the issue of a proxy paper
appointing a different person under this paragraph to vote for the principal
15
in the referendum.
7     (1)
Subject to what follows, where a relevant proxy appointment is in force, the
person appointed is entitled to vote as proxy for the person for whom the
appointment was made (the “principal”).
      (2)
In sub-paragraph (1) “relevant proxy appointment” means—
20
(a)
in relation to a principal who is included in the list of proxies by
virtue of entry 1 in the table in paragraph 5(3), an appointment under
paragraph 6;
(b)
in relation to a principal who is included in the list of proxies by
virtue of entry 2 in that table, an appointment under paragraph 6 of
25
Schedule 4 to the RPA 2000 for parliamentary elections;
(c)
in relation to a principal who is a peer included in the list of proxies
by virtue of entry 3 in that table, an appointment under paragraph 6
of Schedule 4 to the RPA 2000 for local government elections;
(d)
in relation to a principal who is a peer included in the list of proxies
30
by virtue of entry 4 in that table, an appointment under paragraph 6
of Schedule 2 to the European Parliamentary Elections Regulations.
      (3)
A person is capable of voting as proxy in the referendum only if—
(a)
the person is not subject to any legal incapacity (age apart) to vote in
the referendum in his or her own right, and
35
(b)
person is either a Commonwealth citizen or a citizen of the Republic
of Ireland.
      (4)
A person is not capable of voting as proxy in the referendum unless on the
date of the poll the person has attained the age of 18.
      (5)
A person is not entitled to vote as proxy in the referendum on behalf of more
40
than two others of whom that person is not the spouse, civil partner, parent,
grandparent, brother, sister, child or grandchild.
Voting as proxy
8     (1)
A person entitled to vote as proxy for another (the “principal”) in the
referendum may do so in person at the polling station allotted to the
45
principal under the referendum rules unless the proxy is entitled to vote by

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 1 — Great Britain
81

post as proxy for the principal in the referendum, in which case the proxy
may vote by post.
      (2)
Where a person is entitled to vote by post as proxy for the principal in the
referendum, the principal may not apply for a ballot paper for the purpose
of voting in person in the referendum.
5
      (3)
For the purposes of this Part of this Schedule and the 1983 Act a person
entitled to vote as proxy for another in the referendum is entitled so to vote
by post if the person is included in the list kept under sub-paragraph (6).
      (4)
Where a person applies to the registration officer to vote by post as proxy in
the referendum the officer must grant the application if—
10
(a)
the officer is satisfied that the principal is or will be registered in a
relevant register,
(b)
the applicant is the subject of a relevant proxy appointment within
the meaning of paragraph 7(2) (and is not included in a record
mentioned in sub-paragraph (5) below), and
15
(c)
the application contains the applicant’s signature and date of birth
and meets the requirements prescribed by the relevant regulations.
      (5)
A person who is the subject of a relevant proxy appointment within the
meaning of paragraph 7(2) and who—
(a)
is included in the record kept under paragraph 7(6) of Schedule 4 to
20
the RPA 2000 (record of proxies who have applied to vote by post) in
respect of parliamentary elections,
(b)
is included in the record kept under paragraph 7(6) of Schedule 4 to
the RPA 2000 (record of proxies who have applied to vote by post) in
respect of local government elections, or
25
(c)
is included in the record kept under paragraph 7(6) of Schedule 2 to
the European Parliamentary Elections Regulations (record of proxies
who have applied to vote by post),

may apply to the registration officer for his or her referendum ballot paper
to be sent to a different address from that shown in the record, and the officer
30
must grant the application if it meets the requirements prescribed by the
relevant regulations.
      (6)
The registration officer must, in respect of the referendum, keep a special list
(“the proxy postal voters list”) of those within column 2 of the following
table, together with the addresses provided as mentioned in column 3 as the
35
addresses to which their ballot papers are to be sent.

Description of proxy postal voters
Address

1
A proxy whose application under sub-paragraph
Address provided in the

(4) has been granted.
proxy’s application

under sub-paragraph (4).

40

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 1 — Great Britain
82

Description of proxy postal voters
Address

2
A proxy who—
Address provided in the

(a)
was appointed as mentioned in column 3
proxy’s application

of entry 2 in the table in paragraph 5(3)
under paragraph 7(4)(a)

for a person mentioned in column 2 of
of Schedule 4 to the RPA

5

that entry, and
2000 or (as the case may

(b)
is for the time being included in the
be) sub-paragraph (5)

record kept under paragraph 7(6) of
above.

Schedule 4 to the RPA 2000 (record of

proxies who have applied to vote by

10

post).

3
A proxy who—
Address provided in the

(a)
was appointed as mentioned in column 3
proxy’s application

of entry 3 in the table in paragraph 5(3)
under paragraph 7(4)(a)

for a peer mentioned in column 2 of that
of Schedule 4 to the RPA

15

entry, and
2000 or (as the case may

(b)
is for the time being included in the
be) sub-paragraph (5)

record kept under paragraph 7(6) of
above.

Schedule 4 to the RPA 2000 (record of

proxies who have applied to vote by

20

post).

4
A proxy who—
Address provided in the

(a)
was appointed as mentioned in column 3
proxy’s application

of entry 4 in the table in paragraph 5(3)
under paragraph 7(4)(a)

for a peer mentioned in column 2 of that
of Schedule 2 to the

25

entry, and
European Parliamentary

(b)
is for the time being included in the
Elections Regulations or

record kept under paragraph 7(6) of
(as the case may be) sub-

Schedule 2 to the European
paragraph (5) above.

Parliamentary Elections Regulations.

30

      (7)
In the case of a person who has an anonymous entry in a register, the special
list mentioned in sub-paragraph (6) must contain only—
(a)
the person’s electoral number, and
(b)
the period for which the anonymous entry has effect.
      (8)
Sub-paragraph (2) does not prevent a person, at the polling station allotted
35
to him or her, marking a tendered ballot paper in pursuance of rule 32 of the
referendum rules.
      (9)
The registration officer may dispense with the requirement under sub-
paragraph (4)(c) for the applicant to provide a signature if the officer is
satisfied that the applicant—
40
(a)
is unable to provide a signature because of any disability the
applicant has,
(b)
is unable to provide a signature because the applicant is unable to
read or write, or
(c)
is unable to sign in a consistent and distinctive way because of any
45
such disability or inability.