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 4 — The 2008 Regulations (Northern Ireland)
132

Provision
Modification

Regulation 75 (notice of
In paragraphs (1) and (2)—

issue of postal ballot papers)
(a)
for “returning officer” substitute “counting

officer”;

(b)
for “candidate” (in each place) substitute

5

“referendum agent”.

Regulation 76 (procedure on
In paragraph (5)(b), for “section 9(9) of the 1985

issue of postal ballot papers)
Act” substitute “paragraph 19(6) of Schedule 3 to

the Parliamentary Voting System and

Constituencies Act 2010”.

10

Regulation 77 (refusal to
For “returning officer” substitute “counting

issue postal ballot paper)
officer”.

Regulation 78 (envelopes)
In paragraph (1), for “rule 24 of the elections rules”

substitute “rule 12 of the referendum rules”.

Regulation 79 (sealing up of
For “returning officer” (in each place) substitute

15

completed corresponding
“counting officer”.

number lists)

Regulation 80 (delivery of
In paragraph (1)—

postal ballot papers)
(a)
for “returning officer” substitute “counting

officer”;

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(b)
in sub-paragraph (c), for “rule 26(1) of the

elections rules” substitute “rule 14 of the

referendum rules”.

In paragraph (2), for “returning officer” substitute

“counting officer”.

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Regulation 81 (spoilt postal
For “returning officer” (in each place) substitute

ballot papers)
“counting officer”.

Regulation 82 (notice of
In paragraph (1)—

opening of postal ballot
(a)
for “returning officer” substitute “counting

paper envelopes)
officer”;

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(b)
for “candidate” substitute “referendum

agent”.

In paragraph (2), for “candidate” substitute

“referendum agent”.

Regulation 83 (postal ballot
For “returning officer” (in each place) substitute

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boxes and receptacles)
“counting officer”.

In paragraph (2), for the words “constituency for

which the election is held” substitute “voting area”.

In paragraph (4), after “lock the postal ballot box”

insert “(if it has a lock)”.

40

Regulation 84 (receipt of
For “returning officer” substitute “counting

covering envelope)
officer”.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 4 — The 2008 Regulations (Northern Ireland)
133

Provision
Modification

Regulation 85 (opening of
In paragraphs (1) and (2), for “returning officer”

postal voters’ ballot box)
substitute “counting officer”.

In paragraph (3), for “rule 45 of the elections rules”

substitute “rule 40 of the referendum rules”.

5

Regulation 86 (opening of
For “returning officer” (in each place) substitute

covering envelopes)
“counting officer”.

After paragraph (4) insert—

“(5)
Where an envelope opened in accordance

with paragraph (1) contains a declaration of

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identity (whether separate or not), the

counting officer must place a mark in the

marked copy of the postal voters list or the

proxy postal voters list in a place

corresponding to the number of the elector

15

to denote that a postal vote has been

returned.

(6)
A mark made under paragraph (5) must be

distinguishable from and must not obscure

the mark made under regulation 76.

20

(7)
As soon as practicable after the last covering

envelope has been opened, the counting

officer must make up into a packet the copy

of the postal voters list and the proxy postal

voters list that has been marked in

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accordance with paragraph (5) and must

seal the packet.”

Regulation 87 (procedure in
For “returning officer” (in each place) substitute

relation to declarations of
“counting officer”.

identity)

30

In paragraph (1)(b), for “rule 45(2)(b) and (2A) of

the elections rules)” substitute “rule 40(4)(b) and (5)

of the referendum rules”.

Regulation 88 (opening of
In paragraph (1), for “returning officer” substitute

ballot paper envelopes)
“counting officer”.

35

Regulation 89 (sealing of
For “returning officer” substitute “counting

receptacles)
officer”.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 4 — The 2008 Regulations (Northern Ireland)
134

Provision
Modification

Regulation 91 (forwarding of
For paragraph (1) substitute—

documents)
    “(1)
The Chief Electoral Officer for Northern

Ireland shall retain, together with the

documents mentioned in rule 50 of the

5

referendum rules—

(a)
any packets referred to in

regulations 79, 81(5) and 89,

endorsing on each packet a

description of its contents, the

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date of the referendum and the

name of the voting area; and

(b)
a completed statement in Form

N.”

In paragraph (2), for “returning officer” (in both

15

places) substitute “counting officer”.

In paragraph (3), for “Rules 56 and 57 of the

elections rules” substitute “Rules 51 and 52 of the

referendum rules”.

Regulation 115
In paragraph (1), for “rule 57(1A) of the elections

20

(interpretation of Part 7)
rules” substitute “rule 50(1)(b) of the referendum

rules”.

Regulation 116 (supply of
In paragraph (1)—

marked registers and lists
(a)
for the words from “regulation 99” to “local

after an election)
government election” substitute

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“regulations 99, 105, 107 or 111, with copies

of the full register”;

(b)
at the end insert—


“The reference to a person entitled to be

supplied in accordance with regulation 105

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with copies of the full register does not

include a person mentioned in regulation

105(1)(b).”

In paragraph (2)—

(a)
for the words from “regulation 102” to

35

“particular election” substitute “regulation

105(1)(a) or (c) applies before the

referendum”;

(b)
for “that election” substitute “the

referendum”.

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In paragraph (6)(b), for “regulations 99, 102, 104,

105, 106, 107 or 111” substitute “regulations 99, 105,

107 and 111”.

Regulation 117 (inspection of
In paragraph (1)(b), for “an election” substitute “the

documents open to public
referendum”.

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inspection)

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 1 — Provision about combination
135

Provision
Modification

Regulation 118 (conditions
In paragraph (2) omit “either” and at the end insert

on the use, supply and
“or any purpose in connection with the

disclosure of documents
referendum”.

open to public inspection)

5

Regulation 119 (fees relating

to the supply of marked

registers and lists)

In Schedule 3, Form N
For the heading substitute “REFERENDUM ON

THE VOTING SYSTEM FOR UNITED

10

KINGDOM PARLIAMENTARY

ELECTIONS”.

For “constituency” substitute “voting area”.

For “returning officer” (in each place) substitute

“counting officer”.

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Schedule 5
Section 4

Combination of polls: England
Part 1
Provision about combination
General provisions
20
Interpretation
1     (1)
An election or local referendum the poll for which is, under section 4(1), to
be taken together with the poll for the referendum under section 1 is referred
to in this Schedule as a “relevant election”.
      (2)
The polls to be taken together are referred to in this Schedule as “combined
25
polls”.
      (3)
In relation to a local referendum, expressions used in this Part of this
Schedule are to be construed in accordance with the following table.

Expression
Meaning

“Counting agent”
Counting observer as defined by

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regulation 2(1) of the Local Authorities

(Conduct of Referendums) (England)

Regulations 2007 (S.I. 2007/2089).

“Election agent”
Counting observer as defined by that

regulation.

35

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 1 — Provision about combination
136

Expression
Meaning

“Polling agent”
Polling observer as defined by that

regulation.

“Returning officer”
Counting officer as defined by that

regulation.

5

“Elector”
Voter as defined by rule 2(1) of the Local

Referendums (Combination of Polls)

Rules.

2
In this Schedule—
“counting agent” means a counting agent for the referendum or a
10
counting agent for a relevant election (except where one or other is
specified);
“local authority” means—
(a)
a county council in England;
(b)
a district council;
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(c)
a London borough council;
(d)
a parish council;
“Local Elections (Combination of Polls) Rules” means the rules set out
in Schedule 3 to the Local Elections (Principal Areas) (England and
Wales) Rules 2006 (S.I. 2006/3304);
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“local referendum” means a referendum held in England under Part 2
of the Local Government Act 2000;
“Local Referendums (Combination of Polls) Rules” means the rules set
out in Schedule 5 to the Local Authorities (Conduct of Referendums)
(England) Regulations 2007 (S.I. 2007/2089);
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“Mayoral Elections (Combination of Polls) Rules” means the rules set
out in Schedule 3 to the Local Authorities (Mayoral Elections)
(England and Wales) Regulations 2007 (S.I. 2007/1024);
“Parish Elections (Combination of Polls) Rules” means the rules set out
in Schedule 3 to the Local Elections (Parishes and Communities)
30
(England and Wales) Rules 2006 (S.I. 2006/3305).
Functions to be performed by counting officer
3     (1)
The specified functions of a returning officer for a relevant election are to be
carried out instead by the counting officer for the voting area in which the
relevant election is to be held.
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      (2)
The specified functions are those specified in regulation 5 of the
Representation of the People (Combination of Polls) (England and Wales)
Regulations 2004 (S.I. 2004/294) (so far as relating to relevant elections).
      (3)
This paragraph applies instead of regulation 4 of those regulations so far as
it relates to the functions of returning officers.
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Attendance and conduct of observers
4
Section 6E of the 2000 Act has effect as if for subsection (4) there were

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 1 — Provision about combination
137

substituted—
“(4)
A relevant officer is—
(a)
in the case of proceedings at a polling station, the presiding
officer;
(b)
in the case of any other proceedings at the issue or receipt of
5
postal ballot papers, the relevant returning or counting
officer within the meaning of regulation 64 of the
Representation of the People (England and Wales)
Regulations 2001 (S.I. 2001/341);
(c)
in the case of any proceedings at the counting of votes, the
10
counting or returning officer responsible for counting the
votes under paragraph 44(1) or (3) of Schedule [Combination
of polls: England] to the Parliamentary Voting System and
Constituencies Act 2010;
(d)
in the case of any proceedings not mentioned in paragraph
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(a), (b) or (c), the counting officer for the referendum on the
voting system for United Kingdom parliamentary elections;
(e)
such other person as a person mentioned in paragraph (a),
(b), (c) or (d) authorises for the purposes of the proceedings
mentioned in that paragraph.”
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Cost of combined polls
5
The cost of taking the combined polls (excluding any cost solely attributable
to the referendum or to a particular relevant election), and any cost
attributable to their combination, is to be apportioned equally among them.
6     (1)
In section 36 of the 1983 Act (local authority elections), subsections (4), (5)
25
and (6) apply—
(a)
as if a reference to a returning officer included a reference to a
counting officer carrying out functions that, but for this Schedule,
would be exercisable by a returning officer (“transferred functions”),
and
30
(b)
as if, in relation to that counting officer, a reference to expenditure or
expenses were to expenditure or expenses in respect of transferred
functions.
      (2)
In fixing a scale under subsection (4) or (5) of that section a local authority
may include special provision in respect of expenditure incurred by a
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counting officer in carrying out transferred functions (including expenditure
incurred in respect of the remuneration of presiding officers or clerks).
Application of other provisions about combination of polls
7     (1)
The following regulations have effect as if a reference to “a relevant election
or referendum” included a reference to the referendum under section 1.
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      (2)
The regulations are—
(a)
the Local Elections (Principal Areas) (England and Wales) Rules
2006;
(b)
the Local Elections (Parishes and Communities) (England and
Wales) Rules 2006;
45
(c)
the Local Authorities (Conduct of Referendums) (England)
Regulations 2007;

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 1 — Provision about combination
138

(d)
the Local Authorities (Mayoral Elections) (England and Wales)
Regulations 2007.
      (3)
In relation to the referendum, expressions used in the regulations are to be
construed in accordance with the following table.

Expression
Meaning

5

“Counting agent”
Counting agent appointed

under rule 18 of the

referendum rules.

“Election agent”
Counting agent appointed

under rule 18 of the

10

referendum rules.

“Polling agent”
Polling agent appointed under

rule 18 of the referendum

rules.

“Voting area”
Voting area as defined by

15

section 7.

Forms
8
Forms 2, 3, 5, 6 and 8 in Part 3 of this Schedule are “relevant forms” for the
purposes of rule 10 of the referendum rules.
Action to be taken before poll
20
Corresponding number lists
9     (1)
This paragraph applies 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.
      (2)
If the counting officer thinks fit, the lists to be prepared under the following
25
provisions may be combined in the form set out in Form 1 in Part 3 of this
Schedule—
(a)
rule 6 of the referendum rules;
(b)
rule 17 of the Local Elections (Combination of Polls) Rules;
(c)
rule 17 of the Parish Elections (Combination of Polls) Rules;
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(d)
rule 8 of the Local Referendums (Combination of Polls) Rules;
(e)
rule 19 of the Mayoral Elections (Combination of Polls) Rules.
      (3)
In that case, this paragraph applies instead of—
(a)
rule 6(2) of the referendum rules;
(b)
rule 17(2) of the Local Elections (Combination of Polls) Rules;
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(c)
rule 17(2) of the Parish Elections (Combination of Polls) Rules;
(d)
rule 8(3) of the Local Referendums (Combination of Polls) Rules;
(e)
rule 19(2) of the Mayoral Elections (Combination of Polls) Rules.
10    (1)
This paragraph applies where proceedings on the issue and receipt of postal
ballot papers are not taken together by virtue of regulation 65 of the
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Representation of the People (England and Wales) Regulations 2001.