Parliamentary Voting System and Constituencies Bill

House of Lords

Session 2010 - 11
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Other Bills before Parliament

Parliamentary Voting System and Constituencies Bill

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
118

Provision
Modification

Regulation 85B (postal
For “returning officer” (in each place) substitute

voting statements:
“counting officer”.

additional personal

identifier verification)

5

In paragraph (4), for “lock and reseal the postal

ballot box” substitute “lock the postal ballot box (if

it has a lock) and reseal it”.

Regulation 86 (opening of
In paragraph (1), for “returning officer” substitute

ballot paper envelopes)
“counting officer”.

10

Regulation 86A (retrieval of
In paragraph (1), for “returning officer” substitute

cancelled postal ballot
“counting officer”.

papers)

In paragraph (2)(f), for “rule 45 of the elections

rules” substitute “rule 40 of the referendum rules”.

15

In paragraph (3), for “returning officer” substitute

“counting officer”.

Regulation 87 (list of
In paragraph (1), for “In respect of any election, the

rejected postal ballot papers)
returning officer” substitute “The counting officer”.

Regulation 88 (checking of
For “returning officer” (in each place) substitute

20

lists of rejected postal ballot
“counting officer”.

papers)

In paragraph (3), for the words from “in the

constituency” to the end substitute “in the voting

area under rule 38(4) of the referendum rules”.

25

Regulation 89 (sealing of
In paragraph (1), for “returning officer” substitute

receptacles)
“counting officer”.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
119

Provision
Modification

Regulation 91 (forwarding
For paragraph (1) substitute—

or retention of documents)
    “(1)
The counting officer shall forward to the

relevant registration officer appointed, at

the same time as he forwards the

5

documents mentioned in rule 50 of the

referendum rules—

(a)
any packets referred to in

regulations 75, 77(6), 78(2C), 84(9)

and 89 above, endorsing on each

10

packet a description of its

contents, the date of the

referendum and the name of the

voting area, and

(b)
a completed statement in Form K

15

of the number of postal ballot

papers issued.


In this paragraph “relevant registration

officer” has the meaning given by rule

50(3) of the referendum rules.”

20

In paragraph (3), for “returning officer” (in both

places) substitute “counting officer”.

In paragraph (4), for “Rules 56 and 57 of the

elections rules” substitute “Rules 51 and 52 of the

referendum rules”.

25

In paragraph (5), for “returning officer” substitute

“counting officer”.

Regulation 92
In paragraph (2), omit the definitions of “relevant

(interpretation and
conditions” and “research purposes”.

application of Part 6)

30

In the England and Wales Regulations, in

paragraph (7), for the words from “under

regulations” to the first “may” substitute “under

regulation 98 may”.

In the England and Wales Regulations, in

35

paragraph (10), for the words from “in regulations”

to “below” substitute “in regulation 98(9) below”.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
120

Provision
Modification

Regulation 97 of the
For paragraphs (1) to (6) substitute—

Scotland Regulations
(1)
By no later than the publication of the notice

(supply of free copy of full
of a referendum, the registration officer shall

register for electoral
supply each relevant counting officer with as

5

purposes and restrictions on
many printed copies of the following as he

use)
may reasonably require for the purposes of

the referendum—

(a)
the latest version of the relevant

registers,

10

(b)
any notice, published under section

13A(2) or 13B(3), (3B) or (3D) of the

1983 Act, setting out an alteration to

the latest version of a relevant

register, and

15

(c)
the latest version of the list of

overseas electors.

(2)
In this regulation—

“relevant counting officer” in

relation to a registration

20

officer—

(a)
means a counting

officer for a voting

area that is the same

as, or falls wholly or

25

partly within, the

registration officer’s

registration area, but

(b)
does not include a

counting officer who

30

is the same individual

as the registration

officer;

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
121

Provision
Modification

“relevant register” means—

(a)
the register of

parliamentary

electors, published

5

under section 13(1) or

(3) of the 1983 Act,

(b)
the register of local

government electors,

published under

10

section 13(1) or (3) of

that Act, or

(c)
the register of peers,

maintained under

section 3 of the 1985

15

Act, and published

under section 13(1) or

(3) of the 1983 Act (as

applied by regulation

13(4) of, and Schedule

20

4 to, these

regulations).

(3)
If at any time after a registration officer has

complied with paragraph (2)—

(a)
a revised version of a relevant

25

register is published,

(b)
a notice is published, under section

13A(2) or 13B(3), (3B) or (3D) of the

1983 Act, setting out an alteration to

the latest version of a relevant

30

register, or

(c)
a revised version of the list of

overseas electors is published,


the registration officer shall supply the

counting officer with as many printed copies

35

of the register, notice or list as he may

reasonably require for the purposes of the

referendum.

(4)
Where a registration officer is under a duty

to supply a counting officer with printed

40

copies of a register, notice or list under this

regulation, he must also supply a copy of the

register, notice or list in data form.

(5)
A register, notice or list supplied under this

regulation shall be supplied free of charge.”

45

In paragraph (7)—

(a)
for “the register” substitute “any register”;

(b)
for “an election” substitute “the

referendum”.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
122

Provision
Modification

Regulation 98 of the
For paragraphs (1) to (8) substitute—

England and Wales
(1)
By no later than the publication of the notice

Regulations (supply of free
of a referendum, the registration officer shall

copy of full register for
supply each relevant counting officer with as

5

electoral purposes and
many printed copies of the following as he

restrictions on use)
may reasonably require for the purposes of

the referendum—

(a)
the latest version of the relevant

registers,

10

(b)
any notice, published under section

13A(2) or 13B(3), (3B) or (3D) of the

1983 Act, setting out an alteration to

the latest version of a relevant

register, and

15

(c)
the latest version of the list of

overseas electors.

(2)
In this regulation—

“relevant counting officer” in

relation to a registration

20

officer—

(a)
means a counting

officer for a voting

area that is the same

as, or falls wholly or

25

partly within, the

registration officer’s

registration area, but

(b)
does not include a

counting officer who

30

is the same individual

as the registration

officer;

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
123

Provision
Modification

“relevant register” means—

(a)
the register of

parliamentary

electors, published

5

under section 13(1) or

(3) of the 1983 Act,

(b)
the register of local

government electors,

published under

10

section 13(1) or (3) of

that Act, or

(c)
the register of peers,

maintained under

section 3 of the 1985

15

Act, and published

under section 13(1) or

(3) of the 1983 Act (as

applied by regulation

13(4) of, and Schedule

20

4 to, these

regulations).

(3)
If at any time after a registration officer has

complied with paragraph (2)—

(a)
a revised version of a relevant

25

register is published,

(b)
a notice is published, under sections

13A(2) or 13B(3), (3B) or (3D) of the

1983 Act, setting out an alteration to

the latest version of a relevant

30

register, or

(c)
a revised version of the list of

overseas electors is published,


the registration officer shall supply the

counting officer with as many printed copies

35

of the register, notice or list as he may

reasonably require for the purposes of the

referendum.

(4)
Where a registration officer is under a duty

to supply a counting officer with printed

40

copies of a register, notice or list under this

regulation, he must also supply a copy of the

register, notice or list in data form.

(5)
A register, notice or list supplied under this

regulation shall be supplied free of charge.”

45

In paragraph (9)—

(a)
for “the register” substitute “any register”;

(b)
for “an election” substitute “the

referendum”.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
124

Provision
Modification

Regulation 115 (offences)
In the England and Wales Regulations, for

paragraph (2) substitute—

“(2)
The provisions are regulations 61(3) and

(14), 92(9) and 98(9).”

5

In the Scotland Regulations, for paragraph (2)

substitute—

“(2)
The provisions are regulations 61(3) and (14)

and 97(7).”

Regulation 116
In the England and Wales Regulations, in

10

(interpretation of Part 7)
paragraph (1), for “rule 55(1)(e) of the elections

rules” substitute “by virtue of rule 50(2)(f) of the

referendum rules”.

In the England and Wales Regulations, after

paragraph (1) insert—

15

“(1A)
In this Part references to “the relevant

registration officer” have the meaning given

by rule 50(3) of the referendum rules.”

In the Scotland Regulations, in paragraph (1)—

(a)
for “returning officer” substitute “counting

20

officer”;

(b)
for “rule 58 of the elections rules” substitute

“by virtue of rule 50(2)(f) of the referendum

rules”.

In the Scotland Regulations, in paragraph (4), for

25

“returning officer” substitute “counting officer”.

Regulation 117 (supply of
In the England and Wales Regulations, in

marked registers and lists
paragraph (1)—

after an election)
(a)
for the words from “regulation 100” to

“local government election” substitute

30

“regulation 100, 106, 109 or 113 with copies

of the full register”;

(b)
at the end insert—


“The reference to a person entitled to be

supplied in accordance with regulation 106

35

with copies of the full register does not

include a person mentioned in regulation

106(1)(b).”