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
83

     (10)
The registration officer must also keep a record in relation to those whose
applications under sub-paragraph (4) have been granted showing—
(a)
their dates of birth, and
(b)
except in cases where the registration officer in pursuance of sub-
paragraph (9) has dispensed with the requirement to provide a
5
signature, their signatures.
     (11)
The record kept under sub-paragraph (10) must be retained by the
registration officer for the period of twelve months beginning with the date
of the poll for referendum.
Use of personal identifier information
10
9
The registration officer must either—
(a)
provide the counting officer with a copy of the information
contained in records kept by the registration officer in pursuance
of—
(i)
paragraphs 3(9) and 7(12) of Schedule 4 to the RPA 2000
15
(dates of birth and signatures of certain electors and proxies)
in relation to persons entitled to vote in the referendum,
(ii)
paragraphs 3(9) and 7(13) of Schedule 2 to the European
Parliamentary Elections Regulations (dates of birth and
signatures of certain electors and proxies) in relation to peers
20
entitled to vote in the referendum, and
(iii)
paragraphs 4(8) and 8(10) above, or
(b)
give the counting officer access to such information.
10
Information contained in records kept by a registration officer in pursuance
of paragraph 4(8) or 8(10) may be disclosed by the officer to—
25
(a)
any other registration officer if the officer thinks that to do so will
assist the other registration officer in the performance of his or her
duties;
(b)
any person exercising functions in relation to the preparation or
conduct of legal proceedings under this Act or the Representation of
30
the People Acts.
Offences
11    (1)
A person who—
(a)
in any declaration or form used for any of the purposes of this Part
of this Schedule, makes a statement knowing it to be false, or
35
(b)
attests an application under paragraph 4 knowing—
(i)
that he or she is not authorised to do so, or
(ii)
that it contains a statement which is false,

is guilty of an offence and liable on summary conviction to a fine not
exceeding level 5 on the standard scale.
40
      (2)
A person who provides false information in connection with an application
under paragraph 4(1) or (2) or 8(4) is guilty of an offence.
      (3)
Subsections (3) to (8) of section 13D of the 1983 Act (but not the words “and
Northern Ireland” in subsection (7)) apply for the purposes of sub-
paragraph (2) as they apply for the purposes of subsection (1A) of that
45
section.

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 2 — Northern Ireland
84

Part 2
Northern Ireland
Interpretation
12
In this Part of this Schedule—
“European Parliamentary Elections (Northern Ireland) Regulations”
5
means the European Parliamentary Elections (Northern Ireland)
Regulations 2004 (S.I. 2004/1267);
“Local Elections (Northern Ireland) Order” means the Local Elections
(Northern Ireland) Order 1985 (S.I. 1985/454);
“peer” means a peer who is a member of the House of Lords;
10
“registration officer” has the meaning given in section 8 of the 1983 Act;
“relevant register” means—
(a)
a register of parliamentary electors, or
(b)
in relation to a peer—
(i)
a register of local government electors, or
15
(ii)
a register of peers maintained under section 3 of the
Representation of the People Act 1985 (peers resident
outside the United Kingdom);
“the 2008 regulations” means the Representation of the People
(Northern Ireland) Regulations 2008 (S.I. 2008/1741) as applied by
20
Schedule 4;
“the 1985 Act” means the Representation of the People Act 1985.
Manner of voting in the referendum
13    (1)
This paragraph applies to determine the manner of voting in Northern
Ireland of a person entitled to vote in the referendum.
25
      (2)
The person may vote in person at the polling station allotted to him or her
under the referendum rules, unless the person is entitled to vote by post or
by proxy in the referendum.
      (3)
The person may vote by post if the person is entitled to vote by post in the
referendum.
30
      (4)
If the person is entitled to vote by proxy in the referendum, the person may
so vote unless, before a ballot paper has been issued for the person to vote
by proxy, the person applies at the polling station allotted to him or her
under the referendum rules for a ballot paper for the purpose of voting in
person, in which case he or she may vote in person there.
35
      (5)
If—
(a)
the person is not entitled to vote by post or by proxy in the
referendum, but
(b)
the person cannot reasonably be expected to go in person to the
polling station allotted to him or her under the referendum rules by
40
reason of the particular circumstances of his or her employment,
either as a constable or by the counting officer, on the date of the poll
for a purpose connected with the referendum,

he or she may vote in person at any polling station.

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 2 — Northern Ireland
85

      (6)
Nothing in this paragraph applies to—
(a)
a person to whom section 7 of the 1983 Act (mental patients who are
not detained offenders) applies and who is liable, by virtue of any
enactment, to be detained in the mental hospital in question, whether
the person is registered by virtue of that provision or not;
5
(b)
a person to whom section 7A of the 1983 Act (persons remanded in
custody) applies, whether the person is registered by virtue of that
provision or not;

and such a person may vote only by post or by proxy (where the person is
entitled to vote by post or, as the case may be, by proxy in the referendum).
10
      (7)
Sub-paragraph (2) does not prevent a person, at the polling station allotted
to him or her, marking a tendered ballot paper in pursuance of rule 32 of the
referendum rules.
Entitlement to vote by post or by proxy
14    (1)
A person entitled to vote in the referendum is entitled to vote by post or by
15
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 16(2) as entitled to vote by post in the referendum.
      (3)
This sub-paragraph applies to a person who is shown in the list of proxies
mentioned in paragraph 16(3) as entitled to vote by proxy in the referendum.
20
Application to vote by post or by proxy in the referendum
15    (1)
Where a person applies to the registration officer to vote by post, or to vote
by proxy, in the referendum, the registration officer must grant the
application if—
(a)
the officer is satisfied that the applicant is or will be registered in a
25
relevant register,
(b)
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
30
rules,
(c)
the application states the applicant’s date of birth and the
registration officer is satisfied that the date stated corresponds with
the date supplied as the date of the applicant’s birth in pursuance of
section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the 1983 Act,
35
(d)
the application is signed and (unless section 10(4B), 10A(1B) or
13A(2B) of the 1983 Act applies) the registration officer is satisfied
that the signature on the application corresponds with the signature
supplied as the applicant’s signature in pursuance of section
10(4A)(a), 10A(1A)(a) or 13A(2A)(a) of the 1983 Act,
40
(e)
the application either states the applicant’s national insurance
number or states that the applicant does not have one, and the
registration officer is satisfied as mentioned in sub-paragraph (2)
below, and
(f)
the application meets the requirements prescribed by the 2008
45
Regulations.

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 2 — Northern Ireland
86

      (2)
For the purposes of sub-paragraph (1)(e), the registration officer must be
satisfied—
(a)
if the application states a national insurance number, that the
requirements of sub-paragraph (3) are met, or
(b)
if the application states that the applicant does not have a national
5
insurance number, that no such number was supplied as the
applicant’s national insurance number in pursuance of section
10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the 1983 Act.
      (3)
The requirements of this subsection are met if—
(a)
the number stated as mentioned in sub-paragraph (2)(a) is the same
10
as the one supplied as the applicant’s national insurance number in
pursuance of section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of
the 1983 Act, or
(b)
no national insurance number was supplied under any of those
provisions, but the registration officer is not aware of any reason to
15
doubt the authenticity of the application.
      (4)
Nothing in sub-paragraph (1) applies to—
(a)
a person who is included in the record kept under section 6 of the
1985 Act (absent vote at parliamentary elections for indefinite
period),
20
(b)
a peer who is included in the record kept under paragraph 1 of
Schedule 2 to the Local Elections (Northern Ireland) Order (absent
vote at local elections for indefinite period), or
(c)
a peer who is included in the record kept under regulation 8 of the
European Parliamentary Elections (Northern Ireland) Regulations
25
(absent vote at elections for indefinite period).
      (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 in the
30
United Kingdom from that shown in the record, or
(b)
to vote by proxy.
      (6)
The registration officer must grant an application under sub-paragraph (5)
if it meets the requirements prescribed by the 2008 Regulations.
      (7)
A person applying to vote by post must provide an address in the United
35
Kingdom as the address to which the person’s ballot paper is to be sent.
Absent voters lists
16    (1)
The registration officer must, for the purposes of the referendum, keep the
two special lists mentioned in sub-paragraphs (2) and (3) respectively.
      (2)
The first of those lists is a list (“the postal voters list”) of those within
40
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.

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 2 — Northern Ireland
87

Description of person voting by post
Address

1
A person whose application under paragraph
Address provided in the

15(1) to vote by post in the referendum has been
person’s application

granted.
under paragraph 15(1).

2
A person who—
Address provided in the

5

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

kept under section 6 of the 1985 Act as
under section 6 of the

voting by post at parliamentary elections,
1985 Act or (as the case

and
may be) paragraph

(b)
is not within entry 1 of this table or entry
15(5)(a) above.

10

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

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 1 of Schedule 2 to
paragraph 1 of Schedule

the Local Elections (Northern Ireland)
2 to the Local Elections

15

Order,
(Northern Ireland)

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

record kept under regulation 8 of the
may be) paragraph

European Parliamentary Elections
15(5)(a) above.

(Northern Ireland) Regulations as voting

20

by post, 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).

25

4
A peer who—
Address provided in the

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

kept under regulation 8 of the European
regulation 8 of the

Parliamentary Elections (Northern
European Parliamentary

30

Ireland) Regulations as voting by post,
Elections (Northern

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

record kept under paragraph 1 of
(as the case may be)

Schedule 2 to the Local Elections
paragraph 15(5)(a)

(Northern Ireland) Order, or was
above.

35

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).

40
      (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.

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 2 — Northern Ireland
88

Description of person voting by proxy
Proxy

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

paragraph (2)) whose application under
paragraph 17.

paragraph 15(1) or (5)(b) to vote by proxy in the

referendum has been granted.

5

2
A person who—
Proxy appointed under

(a)
is for the time being shown in the record
section 8 of the 1985 Act

kept under section 6 of the 1985 Act as
for parliamentary

voting by proxy at parliamentary
elections.

elections, and

10

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

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

3
A peer who—
Proxy appointed under

(a)
is for the time being shown in the record
paragraph 3 of Schedule

kept under paragraph 1 of Schedule 2 to
2 to the Local Elections

15

the Local Elections (Northern Ireland)
(Northern Ireland)

Order as voting by proxy,
Order.

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

record kept under regulation 8 of the

European Parliamentary Elections

20

(Northern Ireland) Regulations as voting

by proxy, 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

25

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

4
A peer who—
Proxy appointed under

(a)
is for the time being shown in the record
regulation 10 of the

kept under regulation 8 of the European
European Parliamentary

30

Parliamentary Elections (Northern
Elections (Northern

Ireland) Regulations as voting by proxy,
Ireland) Regulations.

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

record kept under paragraph 1 of

Schedule 2 to the Local Elections

35

(Northern Ireland) Order as voting by

proxy, or 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

40

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

Proxies
17    (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
45
proxy to vote for him or her in the referendum.

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 2 — Northern Ireland
89

      (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.
5
      (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
2008 Regulations and the officer is satisfied that the principal is or will be—
(a)
registered in a relevant register, and
10
(b)
entitled to vote by proxy in the referendum by virtue of an
application under paragraph 15(1) 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
a proxy paper, in the form set out in Part 3 of this Schedule, issued by the
15
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
in the referendum.
20
18    (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—
(a)
in relation to a principal who is included in the list of proxies by
25
virtue of entry 1 in the table in paragraph 16(3), an appointment
under paragraph 17;
(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 section 8 of the
1985 Act for parliamentary elections;
30
(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 3
of Schedule 2 to the Local Elections (Northern Ireland) Order;
(d)
in relation to a principal who is a peer included in the list of proxies
by virtue of entry 4 in that table, an appointment under regulation 10
35
of the European Parliamentary Elections (Northern Ireland)
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
40
(b)
the 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
45
than two others of whom that person is not the spouse, civil partner, parent,
grandparent, brother, sister, child or grandchild.