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| To move the following Clause:— |
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| | ‘(1) | The local police force must provide a written report to the Local Authority at the |
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| | end of each levy year where a levy is applied to the local authority area. |
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| | (2) | The report to be submitted to the local authority within 12 weeks of the end of the |
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| | (3) | The report must contain— |
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| | (a) | details of the amount received through the levy and the amount spent by |
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| | the police in providing policing in the areas covered by the late-night levy |
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| | during the hours that it applies, and |
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| | (b) | details of the impact of the levy on crime and disorder in the area covered |
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| | Accountability of licensing authority |
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| To move the following Clause:— |
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| | ‘(1) | The licensing authority must provide a written report to the local authority at the |
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| | end of each levy year where a levy is applied to the local authority area. |
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| | (2) | The report to be submitted to the local authority within 12 weeks of the end of the |
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| | (3) | The report must contain— |
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| | (a) | details of the amount received through the levy and the amount spent by |
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| | the licensing authority in providing services in the areas covered by the |
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| | late-night levy during the hours that it applies, and |
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| | (b) | details of the impact of the levy on crime and disorder in the area covered |
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| To move the following Clause:— |
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| | ‘(1) | The Licensing Act 2003 is amended as set out in subsections (2) to (7). |
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| | (2) | In section 55(1) (regulations about fees for premises licence applications), for |
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| | paragraph (b) substitute— |
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| | “(b) | provide for the amount of the fee to be determined by the |
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| | relevant licensing authority.”. |
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| | (3) | In section 55(3) (regulations about annual fees for premises licence holders)— |
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| | (a) | leave out “include provision prescribing”, |
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| | (b) | for paragraph (a) substitute— |
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| | “(a) | provide for the amount of the fee to be determined by the |
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| | relevant licensing authority.”, |
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| | (c) | in paragraph (b), at beginning insert “may include provision |
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| | (4) | After subsection (3) insert— |
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| | “(3A) | Where regulations made under this section provide for the amount of a |
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| | fee to be determined by the relevant licensing authority, the authority— |
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| | (a) | shall determine the amount of the fee, |
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| | (b) | may determine different amounts for different classes of case |
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| | specified in the Regulations, |
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| | (c) | shall publish the amount of the fee as determined from time to |
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| | (d) | shall aim to ensure that the income from fees of that kind as |
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| | nearly as possible equates to the cost of providing the service to |
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| | which the fee relates (including a reasonable share of |
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| | expenditure which is referable only partly or only indirectly to |
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| | the provision of that service). |
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| | (3B) | For the purposes of subsection (3A)(d) a licensing authority shall |
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| | compare income and costs in such manner, at such times and by reference |
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| | to such periods as the authority, having regard to any guidance issued by |
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| | the Secretary of State, thinks appropriate.”. |
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| | (5) | After section 55(4) (recovery of fees relating to premises licences), insert— |
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| | “(5) | A licensing authority may waive, in whole or in part, and in respect of any |
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| | case or class of case, any fee prescribed by regulations under this |
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| | (6) | After section 100(7) (temporary event notice procedure), insert— |
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| | “(7A) | A licensing authority may waive, in whole or in part, and in respect of any |
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| | case or class of case, a fee payable under this section.”. |
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| | (7) | After section 110 (theft, loss, etc of temporary event notice), insert— |
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| | (1) | Regulations which prescribe the fees referred to in section 100(7) and |
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| | 110(3) may provide for the amount of the fee to be determined by the |
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| | relevant licensing authority. |
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| | (2) | Where regulations provide for the amount of a fee to be determined by |
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| | the relevant licensing authority as mentioned in subsection (1), the |
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| | (a) | shall determine the amount of the fee, |
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| | (b) | may determine different amounts for different classes of case |
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| | specified in the Regulations, |
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| | (c) | shall publish the amount of the fee as determined from time to |
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| | (d) | shall aim to ensure that the income from fees of that kind as |
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| | nearly as possible equates to the cost of providing the service to |
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| | which the fee relates (including a reasonable share of |
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| | expenditure which is referable only partly or only indirectly to |
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| | the provision of that service). |
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| | (3) | For the purposes of subsection (3) a licensing authority shall compare |
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| | income and costs in such manner, at such times and by reference to such |
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| | periods as the authority, having regard to any guidance issued by the |
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| | Secretary of State, thinks appropriate.”. |
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| | (8) | Regulation 4 of the Licensing Act 2003 (Fees) Regulations 2005 is revoked.’. |
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| | General duties of licensing authorities |
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| To move the following Clause:— |
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| | ‘(1) | The Licensing Act is amended as follows. |
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| | (2) | In section 4 (General duties of licensing authorities) insert— |
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| | “(e) | protecting and improving public health”.’. |
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| | Crime and Security Act 2010 (Amendment) |
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| To move the following Clause:— |
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| | ‘(1) | The Crime and Security Act 2010 is amended as follows. |
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| | (2) | In section 172B(3) after paragraph (a) insert new paragraph— |
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| | “(b) | the holder of a personal licence in respect of affected |
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| | Order of the House [13 DECEMber 2010] |
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| | That the following provisions shall apply to the Police Reform and Social |
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| | 1. | The Bill shall be committed to a Public Bill Committee. |
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| | Proceedings in Public Bill Committee |
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| | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
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| | concluded) be brought to a conclusion on Thursday 17 February 2011. |
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| | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
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| | Consideration and Third Reading |
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| | 4. | Proceedings on consideration shall (so far as not previously concluded) be |
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| | brought to a conclusion one hour before the moment of interruption on the |
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| | day on which those proceedings are commenced. |
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| | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
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| | brought to a conclusion at the moment of interruption on that day. |
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| | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
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| | proceedings on consideration and Third Reading. |
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| | 7. | Any other proceedings on the Bill (including any proceedings on |
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| | consideration of Lords Amendments or on any further messages from the |
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| | Lords) may be programmed. |
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| | Order of the Committee [18 january 2011] |
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| | (1) | the Committee shall (in addition to its first meeting at 10.30 am on Tuesday |
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| | (a) | at 4.00 pm on Tuesday 18 January; |
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| | (b) | at 9.00 am and 1.00 pm on Thursday 20 January; |
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| | (c) | at 10.30 am and 4.00 pm on Tuesday 25 January; |
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| | (d) | at 9.00 am and 1.00 pm on Thursday 27 January; |
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| | (e) | at 10.30 am and 4.00 pm on Tuesday 1 February; |
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| | (f) | at 9.00 am and 1.00 pm on Thursday 3 February; |
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| | (g) | at 10.30 am and 4.00 pm on Tuesday 8 February; |
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| | (h) | at 9.00 am and 1.00 pm on Thursday 10 February; |
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| | (i) | at 10.30 am and 4.00 pm on Tuesday 15 February; |
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| | (j) | at 9.00 am and 1.00 pm on Thursday 17 February; |
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| | (2) | the Committee shall hear oral evidence in accordance with the following |
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| | | | | | | | | The Association of Police Authorities; Louise |
| | | | | | Casey, Victims’ Commissioner; the |
| | | | | | Association of Chief Police Officers; Police |
| | | | | | Federation of England and Wales |
| | | | | | Ian Loader, Professor of Criminology and |
| | | | | | Director of Criminology at All Souls College, |
| | | | | | University of Oxford; Chief Constable of |
| | | | | | West Midlands Police; Rick Muir, Institute |
| | | | | | for Public Policy Research |
| | | | | | The Local Government Association; the Chair |
| | | | | | of the Advisory Council on the Misuse of |
| | | | | | Drugs; the Wine and Spirit Trade Association; |
| | | | | | the British Beer and Pub Association |
| | | | | | The Metropolitan Police Service; Liberty |
| | | | | | | | | | | | Keir Starmer QC, Director of Public |
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| | (3) | proceedings on consideration of the Bill in Committee shall be taken in the |
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| | following order: Clause 1; Schedule 1; Clause 2; Schedule 2; Clause 3; |
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| | Schedule 3; Clause 4; Schedule 4; Clauses 5 to 26; Schedule 5; Clauses 27 |
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| | and 28; Schedule 6; Clauses 29 to 31; Schedule 7; Clauses 32 to 38; Schedule |
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| | 8; Clauses 39 to 57; Schedule 9; Clauses 58 to 76; Schedule 10; Clauses 77 |
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| | to 89; Schedule 11; Clause 90; Schedule 12; Clause 91; Schedule 13; Clauses |
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| | 92 to 98; Schedule 14; Clause 99; Schedule 15; Clauses 100 to 149; Schedule |
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| | (4) | the proceedings shall (so far as not previously concluded) be brought to a |
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| | conclusion at 3.00 pm on Thursday 17 February 2011. |
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| | The following Notices have been withdrawn: |
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| Clause 57, page 35, line 36, leave out from second ‘the’ to end of line 39 and insert |
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| ‘alternative vote system.’. |
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| Clause 57, page 35, line 40, leave out subsection (5) and insert— |
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| | ‘(5) | Schedule [Alternative Vote System] has effect.’. |
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| To move the following Schedule:— |
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| | 19 | This Schedule applies to an election under Chapter 6 of Part 1 of a police and |
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| | crime commissioner for a police area at which there are three or more |
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| | How votes are to be given |
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| | 20 (1) | A voter votes by marking the ballot paper with— |
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| | (a) | the number 1 opposite the name of the candidate who is the voter’s |
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| | first preference (or, as the case may be, the only candidate for whom |
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| | the voter wishes to vote), |
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| | (b) | if the voter wishes, the number 2 opposite the name of the candidate |
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| | who is the voter’s second preference, and so on. |
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| | (2) | The voter may mark as many preferences (up to the number of candidates) as |
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| | How votes are to be counted |
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| | 21 (1) | This rule sets out how votes are to be counted, in one or more stages of |
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| | counting, in order to give effect to the preferences marked by voters on their |
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| | ballot papers and so to determine which candidate is elected. |
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| | (2) | Votes shall be allocated to candidates in accordance with voters’ first |
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| | preferences and, if one candidate has more votes than the other candidates put |
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| | together, that candidate is elected. |
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| | (3) | If not, the candidate with the fewest votes is eliminated and that candidate’s |
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| | votes shall be dealt with as follows— |
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| | (a) | each vote cast by a voter who also ranked one or more of the remaining |
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| | candidates shall be reallocated to that remaining candidate or (as the |
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| | case may be) to the one that the voter ranked highest; |
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| | (b) | any votes not reallocated shall play no further part in the counting. |
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| | (4) | If, after that stage of counting, one candidate has more votes than the other |
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| | remaining candidates put together, that candidate is elected. |
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| | (5) | If not, the process mentioned in paragraph (3) above shall be repeated as many |
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| | times as necessary until one candidate has more votes than the other remaining |
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| | candidates put together, and so is elected. |
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| | Information to be given by returning officer after each stage of counting |
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| | 22 (1) | If no candidate is elected (as mentioned in rule 2(2)) at the first stage of |
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| | counting, the returning officer shall, immediately after that stage, record and |
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| | make publicly available the following information— |
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| | (a) | the number of first-preference votes obtained by each candidate; |
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| | (b) | which candidate was eliminated; |
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| | (c) | the number of rejected ballot papers. |
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| | (2) | Immediately after each subsequent stage of counting, except the final stage (on |
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| | completion of which the requirements in rule 2(5) apply), the returning officer |
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| | shall record and make publicly available the following information— |
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| | (a) | the number of votes obtained by each candidate at that stage (including |
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| | any reallocated in accordance with rule 1); |
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| | (b) | which candidate was eliminated at that stage; |
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| | (c) | the number of votes of the candidate eliminated at the previous stage |
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| | that were not reallocated.’. |
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| | Member’s explanatory statement
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| | This Schedule sets out the proposed change to the voting system for the election of a |
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