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Notices of Amendments: 27 October 2010                  

914

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

B(2)

Receipt of postal ballot papersPersonal identifiers

Number

 
  

(Cancellations under paragraph 13 (spoilt) or 14 (lost or not

voting area

 
  

received) should not be included in lines 14 to 17 below.)

  
 

13

Number of covering envelopes set aside for the verification of

  
  

personal identifiers on postal voting statements in accordance

  
  

with paragraph 19(2) or (7).

  
 

14

Number of postal voting statements not subject to verification

  
  

procedure rejected as not completed under paragraph 20(3).

  
 

15

Number of postal voting statements subject to verification

  
  

procedure rejected as not completed under paragraph 21(3).

  
 

16

Number of postal voting statements rejected following

  
  

verification procedures due to the personal identifiers on the

  
  

postal voting statement not matching those in the personal

  
  

identifiers record under paragraph 21(3).

  
 

17

Number of ballot papers rejected following verification

  
  

procedures due to the number on the postal voting statement

  
  

not matching the number on the ballot paper under paragraph

  
  

21(5) to (8).

  
 

C

Count of Ballot Papers

Number

 
   

voting area

 
 

18

Number of ballot papers returned by postal voters which were

  
  

included in the count of ballot papers.

  
 

19

Number of cases in which a covering envelope or its contents

  
  

were marked “Rejected”.

  
 

Signed: ...........................................................

 
  

Counting officer

 
   
 

NOTES

 
 

1.

The references to paragraphs are to paragraphs of Schedule 4 to the Scottish

 
  

Parliament (Elections etc.) Order 2010 as applied by the Parliamentary Voting

 
  

System and Constituencies Act 2010.

 
 

2.

The completed statement must be sent to the Secretary of State and to the

 
  

Electoral Commission during a period of 6 days starting 10 days after the day

 
  

of the poll.’.

 
    

 
 

Notices of Amendments: 27 October 2010                  

915

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

The Deputy Prime Minister

 

158

 

Page  255,  line  6  [Schedule  8],  at end insert—

 

‘(ba)    

Part 5 of the Representation of the People (Northern Ireland)

 

Regulations 2008 (S.I. 2009/1741) or Part 3 of Schedule 2 to the Local

 

Elections (Northern Ireland) Order 1985 (S.I. 1985/454) (issue and

 

receipt of postal ballot papers);’.

 

The Deputy Prime Minister

 

159

 

Page  255,  line  25  [Schedule  8],  at end insert—

 

‘( )    

rule 16A (corresponding number list);’.

 

The Deputy Prime Minister

 

160

 

Page  255,  line  36  [Schedule  8],  at end insert—

 

‘( )    

a provision referred to in sub-paragraph (1)(ba), (3)(c) or (h) or

 

(4)(b),’.

 

The Deputy Prime Minister

 

161

 

Page  255,  line  39  [Schedule  8],  leave out paragraphs (b) and (c) and insert—

 

‘( )    

rule 16A of the Local Elections Rules to the extent that it relates to

 

ballot papers issued in pursuance of rule 21(1) of those rules, or’.

 

The Deputy Prime Minister

 

162

 

Page  255,  line  44  [Schedule  8],  at end insert—

 

    ‘( )  

The Chief Electoral Officer may not decide that the proceedings on the issue

 

and receipt of postal ballot papers in respect of the referendum and the relevant

 

elections are to be taken together unless the Chief Counting Officer agrees.’.

 

The Deputy Prime Minister

 

163

 

Page  256,  line  2  [Schedule  8],  leave out ‘, 3’ and insert ‘to 3B’.

 

The Deputy Prime Minister

 

164

 

Page  256,  line  13  [Schedule  8],  at end insert—

 

‘( )    

rule 16A of the Local Elections Rules.’.


 
 

Notices of Amendments: 27 October 2010                  

916

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

The Deputy Prime Minister

 

165

 

Page  256,  line  16  [Schedule  8],  at end insert—

 

‘( )    

rule 16A(2) of the Local Elections Rules.’.

 

The Deputy Prime Minister

 

166

 

Page  256,  line  25  [Schedule  8],  at end insert—

 

‘( )    

rule 26(1) of the Local Elections Rules.’.

 

The Deputy Prime Minister

 

167

 

Page  256,  line  31  [Schedule  8],  at end insert—

 

‘( )    

rule 16A of the Local Elections Rules.’.

 

The Deputy Prime Minister

 

168

 

Page  257,  line  31  [Schedule  8],  leave out ‘this paragraph’ and insert ‘sub-

 

paragraph (2)’.

 

The Deputy Prime Minister

 

169

 

Page  257,  line  33  [Schedule  8],  at end insert—

 

    ‘(4)  

The declaration of identity to be used by those entitled to vote by post in the

 

Assembly election must be in the form set out in Form 3A in Part 2 of this

 

Schedule.

 

      (5)  

Sub-paragraph (4) applies instead of the requirement in rule 24(1) of the

 

Assembly Elections Rules for a declaration of identity to be in a particular

 

form.

 

      (6)  

The declaration of identity to be used by those entitled to vote by post in the

 

local election must be in the form set out in Form 3B in Part 2 of this Schedule.

 

      (7)  

Sub-paragraph (6) applies instead of the requirement in rule 21(1) of the Local

 

Elections Rules for a declaration of identity to be in a particular form.’.

 

The Deputy Prime Minister

 

170

 

Page  258,  line  16  [Schedule  8],  at end insert—

 

‘( )    

rule 26(3)(e) of the Local Elections Rules.’.

 

The Deputy Prime Minister

 

171

 

Page  258,  line  18  [Schedule  8],  at end insert—

 

‘( )    

rule 26(3ZC) of the Local Elections Rules.’.

 

The Deputy Prime Minister

 

172

 

Page  260,  line  38  [Schedule  8],  at end insert—

 

‘22A (1)  

This paragraph applies where the Chief Electoral Officer decides that the

 

proceedings on the issue and receipt of postal ballot papers in respect of the

 

referendum and the relevant elections are to be taken together.

 

      (2)  

If the Chief Electoral Officer thinks fit, he or she may require the relevant

 

registration officer to produce—


 
 

Notices of Amendments: 27 October 2010                  

917

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

(a)    

a combined postal voters list, consisting of the things that would

 

otherwise be included in—

 

(i)    

the postal voters list for the referendum;

 

(ii)    

the list under paragraph 2(4)(a) of Part 1 of Schedule 2 to the

 

Local Elections Order;

 

(iii)    

the list under section 7(4)(a) of the Representation of the

 

People Act 1985 as applied for the purposes of Assembly

 

elections by Article 3(1) of, and Schedule 1 to, the Northern

 

Ireland Assembly (Elections) Order 2001;

 

(b)    

a combined proxy postal voters list, consisting of the things that would

 

otherwise be included in—

 

(i)    

the proxy postal voters list for the referendum;

 

(ii)    

the list under paragraph 4(8) of Part 1 of Schedule 2 to the

 

Local Elections Order;

 

(iii)    

the list under section 9(9) of the Representation of the People

 

Act 1985 as applied for the purposes of Assembly elections by

 

Article 3(1) of, and Schedule 1 to, the Northern Ireland

 

Assembly (Elections) Order 2001.’.

 

The Deputy Prime Minister

 

173

 

Page  265,  line  41  [Schedule  8],  at end insert—

 

    ‘( )  

Where lists are prepared as mentioned in paragraph 7(2), 8(2) or 16(1)—

 

(a)    

rules 49(1)(b) and 51 of the referendum rules apply to the packets of

 

those lists;

 

(b)    

rule 58(1) of the Local Elections Rules applies as if sub-paragraph

 

(da), so far is it relates to those lists, were omitted.’.

 

The Deputy Prime Minister

 

174

 

Page  266,  line  6  [Schedule  8],  after ‘rule’ insert ‘60 or’.

 

The Deputy Prime Minister

 

175

 

Page  266,  line  9  [Schedule  8],  after ‘61’ insert ‘or 63’.

 

The Deputy Prime Minister

 

176

 

Page  266,  line  42  [Schedule  8],  leave out ‘61(2)’ insert ‘64(1) to (6)’.

 

The Deputy Prime Minister

 

177

 

Page  266,  line  42  [Schedule  8],  at end insert—

 

‘Part 1A

 

Postal voting

 

Interpretation

 

39         

In this Part—

 

“the 2008 Regulations” means—


 
 

Notices of Amendments: 27 October 2010                  

918

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

(e)    

the Representation of the People (Northern Ireland) Regulations

 

2008 (S.I. 2008/1741) as applied for purposes of the referendum

 

by Part 3 of Schedule 4, and

 

(f)    

those regulations as applied for the purposes of Assembly

 

elections by Article 3(2) of, and Schedule 2 to, the Northern

 

Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599);

 

“the Local Elections Order” means the Local Elections (Northern Ireland)

 

Order 1985 (S.I. 1985/454).

 

Attendance at proceedings on issue and receipt of postal ballot papers

 

40  (1)  

This paragraph applies where the Chief Electoral Officer decides that the

 

proceedings on the issue and receipt of postal ballot papers in respect of the

 

referendum and the relevant elections are to be taken together.

 

      (2)  

The following provisions have effect as if the persons listed in them included

 

persons who would be entitled to be present at the proceedings on the issue or

 

receipt of postal ballot papers in respect of the referendum or a relevant

 

election if those proceedings were taken on their own.

 

      (3)  

The provisions are—

 

(a)    

regulation 72 of the 2008 Regulations;

 

(b)    

paragraph 3(1) of Part 3 of Schedule 2 to the Local Elections Order.

 

Procedure on issue of postal ballot papers

 

41  (1)  

This paragraph applies where—

 

(a)    

the Chief Electoral Officer decides that the proceedings on the issue

 

and receipt of postal ballot papers in respect of the referendum and the

 

relevant elections are to be taken together, and

 

(b)    

a combined postal voters list or proxy postal voters list is produced by

 

virtue of paragraph 22A.

 

      (2)  

In a case where a postal ballot paper is issued at the same time in respect of the

 

referendum and the relevant elections, a single mark must be placed in the list

 

under the following provisions—

 

(a)    

regulation 76(2) of the 2008 Regulations;

 

(b)    

paragraph 6(1) of Part 3 of Schedule 2 to the Local Elections Order.

 

      (3)  

In any other case, a mark must be placed in the list under those provisions

 

identifying the poll to which each postal ballot paper issued relates.

 

Provisions requiring declaration of identity to indicate colours of ballot papers

 

42  (1)  

The provisions listed in sub-paragraph (3) do not apply where the Chief

 

Electoral Officer decides that the proceedings on the issue and receipt of postal

 

ballot papers in respect of the referendum and the relevant elections are to be

 

taken together.

 

      (2)  

Otherwise, the provisions listed in sub-paragraph (3) have effect as if the

 

words before “the colour” were omitted.

 

      (3)  

The provisions are—

 

(a)    

regulation 76(4) of the 2008 Regulations;

 

(b)    

paragraph 6(3) of Part 3 of Schedule 2 to the Local Elections Order.


 
 

Notices of Amendments: 27 October 2010                  

919

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

Envelopes

 

43  (1)  

This paragraph applies where the Chief Electoral Officer decides that the

 

proceedings on the issue and receipt of postal ballot papers in respect of the

 

referendum and the relevant elections are to be taken together.

 

      (2)  

The same covering envelope and ballot paper envelope must be issued to a

 

voter under the following provisions in respect of the referendum and the

 

relevant elections.

 

      (3)  

The provisions are—

 

(a)    

regulation 78 of the 2008 Regulations;

 

(b)    

paragraph 8 of Part 3 of Schedule 2 to the Local Elections Order.

 

      (4)  

The number of each of the postal ballot papers issued must be marked on the

 

ballot paper envelope unless the envelope has a window through which all of

 

the ballot paper numbers are displayed.

 

      (5)  

The following provisions do not apply—

 

(a)    

regulation 78(4) of the 2008 Regulations;

 

(b)    

paragraph 8(2) of Part 3 of Schedule 2 to the Local Elections Order.

 

Spoilt postal ballot papers

 

44  (1)  

This paragraph applies where—

 

(a)    

the Chief Electoral Officer decides that the proceedings on the issue

 

and receipt of postal ballot papers in respect of the referendum and the

 

relevant elections are to be taken together,

 

(b)    

a person returns a spoilt postal ballot paper under regulation 81(1) of

 

the 2008 Regulations or paragraph 12(1) of Part 3 of Schedule 2 to the

 

Local Elections Order, and

 

(c)    

a postal ballot paper has been issued to the person in respect of one or

 

more of the other polls.

 

      (2)  

The spoilt postal ballot paper may not be replaced unless all the postal ballot

 

papers issued to the person are returned.

 

      (3)  

Where an unspoilt postal ballot paper is returned as mentioned in sub-

 

paragraph (2), the 2008 Regulations or Local Elections Order apply to it as if

 

it were a spoilt ballot paper.

 

Opening of postal voters’ ballot box

 

45         

The following provisions have effect as if for the words after “opened” there

 

were substituted “at the counting of the ballot papers”—

 

(a)    

regulation 85(3) of the 2008 Regulations;

 

(b)    

paragraph 16(3) of Part 3 of Schedule 2 to the Local Elections Order.

 

Opening of ballot paper envelopes

 

46  (1)  

This paragraph applies where the Chief Electoral Officer decides that the

 

proceedings on the issue and receipt of postal ballot papers in respect of the

 

referendum and the relevant elections are to be taken together.

 

      (2)  

The following provisions have effect as if after “number” there were inserted

 

“(or one of the numbers)”—

 

(a)    

regulation 88(2)(a) of the 2008 Regulations;

 

(b)    

paragraph 17B(2)(a) of Part 3 of Schedule 2 to the Local Elections

 

Order.


 
 

Notices of Amendments: 27 October 2010                  

920

 

Parliamentary Voting System and Constituencies Bill, continued

 
 

      (3)  

The following provisions have effect as if at the end there were inserted “or,

 

where more than one number appears on the ballot paper envelope, a sufficient

 

number of ballot papers (marking the envelope to indicate the missing ballot

 

paper)”—

 

(a)    

regulation 88(2)(c) of the 2008 Regulations;

 

(b)    

paragraph 17B(2)(c) of Part 3 of Schedule 2 to the Local Elections

 

Order.

 

Countermand or abandonment of poll for relevant election

 

47         

The following provisions do not apply where the Chief Electoral Officer

 

decides that the proceedings on the issue and receipt of postal ballot papers in

 

respect of the referendum and the relevant elections are to be taken together—

 

(a)    

regulation 90 of the 2008 Regulations;

 

(b)    

paragraph 18 of Part 3 of Schedule 2 to the Local Elections Order.

 

Retention of documents

 

48  (1)  

This paragraph applies where the Chief Electoral Officer decides that the

 

proceedings on the issue and receipt of postal ballot papers in respect of the

 

referendum and the relevant elections are to be taken together.

 

      (2)  

The Chief Electoral Officer must—

 

(a)    

endorse on each of the specified packets a description of its contents,

 

the date of the poll and the name of the area to which the packet relates;

 

(b)    

complete a statement as to postal ballot papers in relation to each poll;

 

(c)    

retain the packets and statements.

 

      (3)  

The specified packets—

 

(a)    

in relation to the referendum and the Assembly election, are the

 

packets made up under regulations 79, 81(5) and 89 of the 2008

 

Regulations;

 

(b)    

in relation to a local election, are the packets made up under

 

paragraphs 11 and 17C(b) of Part 3 of Schedule 2 to the Local

 

Elections Order.

 

      (4)  

A statement as to postal ballot papers—

 

(a)    

in the case of the referendum and the Assembly election, must be in

 

the form set out in Form N in Schedule 3 to the 2008 Regulations;

 

(b)    

in the case of a local election, must be in the form set out in Form 2 in

 

Part 3 of Schedule 2 to the Local Elections Order.

 

      (5)  

Where—

 

(a)    

any covering envelopes are received by the Chief Electoral Officer

 

after the close of the poll,

 

(b)    

any envelopes addressed to postal voters are returned as undelivered

 

too late, or

 

(c)    

any spoilt postal ballot papers for the referendum or Assembly

 

election are returned too late to enable other postal ballot papers to be

 

issued,

 

            

the Chief Electoral Officer must seal those envelopes or postal ballot papers up

 

in a separate packet, endorse the packet as mentioned in sub-paragraph (2)(a)

 

and retain the packet.

 

      (6)  

A copy of the completed statements as to postal ballot papers for the

 

referendum and for the Assembly election must be provided to the Electoral

 

Commission.


 
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