Lords Amendments to the Parliamentary Voting System and Constituencies Bill

Session 2010 - 11
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Other Bills before Parliament

Lords Amendments to the Parliamentary Voting System and Constituencies Bill

7
32
Page 24, line 30, after “account” insert “of a counting officer or Regional Counting

Officer”
33
Page 24, line 36, after “Officer” insert “or the Chief Counting Officer”
34
Page 24, line 42, at end insert “or the Chief Counting Officer”
Schedule 2
35
Page 33, line 1, leave out from “with” to second “or” in line 2 and insert “paragraph

(3) or (4),”
36
Page 34, line 29, after “entry” insert “1A,”
37
Page 34, line 32, after “entry” insert “1A,”
38
Page 34, line 35, at end insert—

“( )
in the case of a peer within entry 1A of the table, state that the

peer’s entitlement to vote by proxy in the referendum arises by

virtue of the peer’s inclusion in the list of proxies for a specified

poll mentioned in that entry;”
39
Page 54, line 44, leave out from beginning to end of line 6 on page 55 and insert—

“(a)
in relation to a voting area in England or a voting area in Wales

that is not within sub-paragraph (b), the registration officer of the

local authority in whose area that voting area is situated;

(b)
in relation to a voting area in Wales that comprises any part of the

area of more than one local authority, the registration officer

appointed under section 44(3)(b) of the Electoral Administration

Act 2006 in respect of the Assembly constituency that

corresponds to that voting area.

      ( )
In paragraph (3)—

“local authority” has the same meaning as in paragraph 4 of

Schedule 1;

“Assembly constituency” means a constituency for the National

Assembly for Wales.”
40
Page 57, leave out line 28
Schedule 3
41
Page 76, leave out line 12
42
Page 79, line 17, at end insert—

“1A
A person who—
Address provided in

(a)
is entitled to vote in the referendum and
the application that

in a poll that is taken together with the
gave rise to the

referendum,
person being

(b)
is included in the postal voters list for that
included in the postal

poll, and
voters list or, if the

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

1 in the table in sub-paragraph (3).
more than one, the

address provided in

the latest of those

applications.”

8
43
Page 79, line 23, after “1” insert “or 1A”
44
Page 79, line 24, after “1” insert “or 1A”
45
Page 79, line 37, after “1” insert “or 1A”
46
Page 79, line 38, after “1” insert “or 1A”
47
Page 80, line 14, after “1” insert “or 1A”
48
Page 80, line 15, after “1” insert “or 1A”
49
Page 80, line 23, at end insert—

“1A
A person who—
Proxy appointed for

(a)
is entitled to vote in the referendum and
the purposes of that

in a poll that is taken together with the
poll or, if there is

referendum,
more than one, the

(b)
is included in the list of proxies for that
proxy appointed for

poll, and
the poll in respect of

(c)
is not within entry 1 in this table or entry
which the latest of

1 or 1A in the table in sub-paragraph (2).
the person’s

applications to vote

by proxy was made.”

50
Page 80, line 29, after “1” insert “or 1A”
51
Page 80, line 30, after “1” insert “or 1A”
52
Page 80, line 43, after “1” insert “or 1A”
53
Page 80, line 44, after “1” insert “, 1A”
54
Page 81, line 14, after “1” insert “or 1A”
55
Page 81, line 15, after “1” insert “, 1A”
56
Page 82, line 9, at end insert—

“( )
in relation to a principal who is included in the list of proxies by

virtue of entry 1A in that table, the appointment of the person

mentioned in column 3 of that entry;”
57
Page 83, line 2, leave out from “paragraph” to “, and” in line 3 and insert “7(2)(a)”.
58
Page 83, line 7, after “7(2)” insert “(b), (c) or (d)”
59
Page 83, line 28, at end insert—

“1A
A proxy who—
Address provided in

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

of entry 1A in the table in paragraph 5(3)
application to vote by

for a person mentioned in column 2 of
post as proxy in that

that entry, and
poll.”

(b)
is included in the proxy postal voters list

for the poll in respect of which that

appointment was made.

60
Page 84, line 41, after “3(9)” insert “, 4(6)”

9
61
Page 84, line 43, at end insert—

“( )
articles 8(9), 9(6) and 12(13) of the National Assembly for Wales

(Representation of the People) Order 2007 (S.I. 2007/236) (dates

of birth and signatures of certain electors and proxies) in relation

to persons entitled to vote in the referendum,

( )
articles 8(9), 9(8) and 11(12) of the Scottish Parliament (Elections

etc.) Order 2010 (dates of birth and signatures of certain electors

and proxies) in relation to persons entitled to vote in the

referendum,”
62
Page 85, leave out line 38
63
Page 88, line 30, at end insert—

“1A
A person who—
Address provided in

(a)
is entitled to vote in the referendum and
the application that

in a poll that is taken together with the
gave rise to the

referendum,
person being

(b)
is shown in the absent voters list for that
included in the

poll as voting by post, and
absent voters list or,

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

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

than one, the address

provided in the latest

of those

applications.”

64
Page 88, line 36, after “1” insert “or 1A”
65
Page 88, line 37, after “1” insert “or 1A”
66
Page 89, line 14, after “1” insert “or 1A”
67
Page 89, line 15, after “1” insert “or 1A”
68
Page 89, line 29, after “1” insert “or 1A”
69
Page 89, line 30, after “1” insert “or 1A”
70
Page 89, line 38, at end insert—

“1A
A person who—
Proxy appointed for

(a)
is entitled to vote in the referendum and
the purposes of that

in a poll that is taken together with the
poll or, if there is

referendum,
more than one, the

(b)
is shown in the absent voters list for that
proxy appointed for

poll as voting by proxy, and
the poll in respect of

(c)
is not within entry 1 in this table or
which the latest of

entry 1 or 1A in the table in sub-
the person’s

paragraph (2).
applications to vote

by proxy was made.”

71
Page 89, line 44, after “1” insert “or 1A”
72
Page 89, line 45, after “1” insert “or 1A”
73
Page 90, line 14, after “1” insert “or 1A”

10
74
Page 90, line 15, after “1” insert “, 1A”
75
Page 90, line 29, after “1” insert “or 1A”
76
Page 90, line 30, after “1” insert “, 1A”
77
Page 91, line 15, at end insert—

“( )
in relation to a principal who is included in the list of proxies by

virtue of entry 1A in that table, the appointment of the person

mentioned in column 3 of that entry;”
78
Page 92, line 9, leave out from “paragraph” to end of line 10 and insert “18(2)(a),”.
79
Page 92, line 24, after “18(2)” insert “(b), (c) or (d)”
80
Page 92, line 45, at end insert—

“1A
A proxy who—
Address provided in

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

of entry 1A in the table in paragraph 16(3)
application to vote by

for a person mentioned in column 2 of
post as proxy in that

that entry, and
poll.”

(b)
is included in the proxy postal voters list

for the poll in respect of which that

appointment was made.

Schedule 4
81
Page 114, line 24, after “lists” insert “and provide any subsequent revised lists or

revisions to the lists”
82
Page 134, leave out lines 16 to 20 and insert—

“For “returning officer” (in each place)

substitute “counting officer”.

In paragraph (2), for the words from “and

endorse” to the end substitute “, endorse the

packet as mentioned in paragraph (1)(a) and

retain the packet”.

For paragraph (3) substitute—

“(3)
Rules 51 and 52 of the referendum rules

shall apply to any packet or document

retained under this regulation.””

Schedule 5
83
Page 138, line 2, at end insert—

    “( )
Regulation 11 of the Local Authorities (Conduct of Referendums)

(England) Regulations 2007 has effect as if the reference to regulation

10(1) or (7) included a reference to section 4.”
84
Page 151, line 40, at end insert—

11

    “( )
Regulation 116(1) of the Representation of the People (England and

Wales) Regulations 2001 (S.I. 2001/341) has effect in relation to a relevant

election as if the reference to documents forwarded under rule 55(1)(e)

of the elections rules were to documents forwarded under rule 50(1)(a)

of the referendum rules as applied by this paragraph.”
85
Page 152, line 26, at end insert—

“Provision of registers etc to counting officer

Registers


Regulation 98 of the Representation of the People (England and Wales)

Regulations 2001 as modified by Part 3 of Schedule 4 above applies for

the purposes of a relevant election as it applies for the purposes of the

referendum.

Absent voters lists


As soon as practicable after 5 pm on the 6th day before the date of the

poll, the registration officer must provide the counting officer with the

following lists, and any subsequent revised lists or revisions to the lists—

(a)
the list of proxies for each relevant election;

(b)
the postal voters list for each relevant election;

(c)
the proxy postal voters list for each relevant election.

Personal identifier information


Where proceedings on the issue and receipt of postal ballot papers are

taken together by virtue of regulation 65 of the Representation of the

People (England and Wales) Regulations 2001, paragraph 7C of

Schedule 4 to the Representation of the People Act 2000 has effect as if a

reference to a returning officer were a reference to the counting officer.”
86
Page 157, line 32, after “entry” insert “1A,”
87
Page 157, line 36, after “entry” insert “1A,”
Schedule 6
88
Page 187, line 7, at end insert—

    “( )
Regulation 121 of the Representation of the People (England and Wales)

Regulations 2001 (S.I. 2001/341) has effect in relation to an Assembly

election—

(a)
as if, in the definition of “relevant Assembly election

documents”, the reference to rule 69(1) of Schedule 5 to the 2007

Order included a reference to rule 52 of the referendum rules as

applied by this paragraph;

(b)
as if, in paragraph (2), the reference to documents forwarded

under rule 67(1)(h) of Schedule 5 to the 2007 Order were to

documents forwarded under rule 50(1)(a) of the referendum

rules as so applied.”
89
Page 187, line 28, at end insert—

12

“Provision of registers etc to counting officer

Registers


Regulation 98(8) of the Representation of the People (England and

Wales) Regulations 2001 has effect as if a reference to a returning officer

included a reference to the counting officer.

Absent voters lists


As soon as practicable after 5 pm on the 6th day before the date of the

poll, the registration officer must provide the counting officer with the

following lists, and any subsequent revised lists or revisions to the lists—

(a)
the list of proxies for the Assembly elections;

(b)
the postal voters list for the Assembly elections;

(c)
the proxy postal voters list for the Assembly elections.

Personal identifier information


Where proceedings on the issue and receipt of postal ballot papers are

taken together by virtue of paragraph 2 of Schedule 3 to the Welsh

Assembly Order, Article 13(5) of that Order has effect as if a reference to

a constituency returning officer were a reference to the counting officer.”
90
Page 192, line 26, after “entry” insert “1A,”
91
Page 192, line 30, after “entry” insert “1A,”
Schedule 7
92
Page 227, line 35, at end insert—


“Schedule 8 to the 2010 Order has effect—

(a)
as if the reference in paragraph 1 to documents retained under

rule 71 of the Scottish Parliamentary Election Rules were to

documents retained under rule 50(1)(b) of the referendum rules

as applied by paragraph 52 above;

(b)
as if the reference to that Schedule in paragraph 4(2) were to any

enactment;

(c)
as if references to the CRO included references to the counting

officer.”
93
Page 228, line 18, at end insert—

“Provision of registers etc to counting officer

Registers


Paragraph 1 of Schedule 1 to the 2010 Order has effect as if a reference to

a returning officer included a reference to the counting officer.

Absent voters lists


As soon as practicable after 5 pm on the 6th day before the date of the

poll, the registration officer must provide the counting officer with the

following lists, and any subsequent revised lists or revisions to the lists—

13

(a)
the list of proxies for the Scottish parliamentary election;

(b)
the postal voters list for the Scottish parliamentary election;

(c)
the proxy postal voters list for the Scottish parliamentary

election.

Personal identifier information


Where proceedings on the issue and receipt of postal ballot papers are

taken together by virtue of paragraph 2 of Schedule 4 to the 2010 Order,

paragraph 23(1) of Schedule 3 to the 2010 Order has effect as if a

reference to a CRO were a reference to the counting officer.”
94
Page 233, line 6, after “entry” insert “1A,”
95
Page 233, line 10, after “entry” insert “1A,”
Schedule 8
96
Page 262, line 16, at end insert—

    “( )
Where appropriate—

(a)
a reference in any enactment to a list mentioned in sub-

paragraphs (i) to (iii) of sub-paragraph (2)(a) is to be read as a

reference to the combined postal voters list;

(b)
a reference in any enactment to a list mentioned in sub-

paragraphs (i) to (iii) of sub-paragraph (2)(b) is to be read as a

reference to the combined proxy postal voters list.”
97
Page 267, line 14, leave out sub-paragraphs (1) and (2) and insert—

    “(1)
Where—

(a)
a combined list is prepared as mentioned in paragraph 7(2), 8(2),

16(1) or 22(1),

(b)
the same copy of the register of electors is used as mentioned in

paragraph 21(1),

(c)
a single list is used as mentioned in paragraph 24(1), 26(1), 27(1)

or 28(1), or

(d)
a declaration made by the companion of a voter with disabilities

(within the meaning of paragraph 25) relates to the referendum

or Assembly election as well as a local election,


rules 50(1)(b) and 52 of the referendum rules apply to those documents

(and rule 58(1) of the Local Elections Rules has effect as if any reference

to those documents were omitted).

      (2)
Where a combined list is prepared as mentioned in paragraph 7(2), 8(2)

or 16(1), rule 59 of the Local Elections Rules, so far as it relates to

corresponding number lists, has effect as if references to the proper

officer of the council were to the Chief Electoral Officer.”
98
Page 267, line 25, at end insert—


“Schedule 3 to the Local Elections (Northern Ireland) Order 2010 has

effect—

(a)
as if, in the definition of “the marked register or lists” in

paragraph 1(1), the reference to documents retained under

rule 60 of the Local Elections Rules included a reference to