Parliamentary Voting System and Constituencies Bill

House of Lords

Session 2010 - 11
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Parliamentary Voting System and Constituencies Bill

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 1 — Provision about combination
139

      (2)
If the counting officer thinks fit, the officer may prepare a single list
containing the numbers and other unique identifying marks of all of the
ballot papers to be provided to presiding officers in pursuance of the
following provisions—
(a)
rule 17(1) of the referendum rules;
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(b)
rule 26(1) of the Local Elections (Combination of Polls) Rules;
(c)
rule 26(1) of the Parish Elections (Combination of Polls) Rules;
(d)
rule 17(1) of the Local Referendums (Combination of Polls) Rules;
(e)
rule 28 of the Mayoral Elections (Combination of Polls) Rules.
      (3)
The list must be in the form set out in Form 1 in Part 3 of this Schedule.
10
      (4)
If a list is prepared in relation to ballot papers under this paragraph, the list
prepared under the following provisions must not include details relating to
those ballot papers—
(a)
rule 6 of the referendum rules;
(b)
rule 17 of the Local Elections (Combination of Polls) Rules;
15
(c)
rule 17 of the Parish Elections (Combination of Polls) Rules;
(d)
rule 8 of the Local Referendums (Combination of Polls) Rules;
(e)
rule 19 of the Mayoral Elections (Combination of Polls) Rules.
      (5)
A reference in an enactment to a list prepared under a provision mentioned
in sub-paragraph (4) has effect, in so far as it relates to ballot papers to be
20
provided in pursuance of the provisions mentioned in sub-paragraph (2), as
a reference to the list prepared under this paragraph.
Notice of poll
11    (1)
The notice of the poll for each relevant election must be published by not
later than the 15th day before the date of the poll.
25
      (2)
The timetables set out in the following provisions are to be read with
whatever modifications are necessary to give effect to sub-paragraph (1)—
(a)
rule 1 of the Local Elections (Combination of Polls) Rules;
(b)
rule 1 of the Parish Elections (Combination of Polls) Rules;
(c)
rule 3 of the Local Referendums (Combination of Polls) Rules;
30
(d)
rule 3 the Mayoral Elections (Combination of Polls) Rules.
      (3)
Sub-paragraph (1) applies instead of rule 12(2) of the Local Referendums
(Combination of Polls) Rules.
Notice of polling stations
12
The notice given under rule 11(3) of the referendum rules must—
35
(a)
state that the poll for the referendum is to be taken together with the
poll for each relevant election,
(b)
specify the local authority for which each relevant election is to be
held, and
(c)
where any of the polls are to be taken together in part only of a voting
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area for the referendum, specify that part.

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 1 — Provision about combination
140

Postal voting statements
13    (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)
The form of postal voting statement to be issued to those who are entitled to
5
vote by post in the referendum and in each relevant election must be in the
form set out in Form 2 in Part 3 of this Schedule.
      (3)
Where that form is used, this paragraph applies instead of any requirement
in the following provisions for a postal voting statement to be in a particular
form.
10
      (4)
The provisions are—
(a)
rule 12(1)(b) of the referendum rules;
(b)
rule 22(1) of the Local Elections (Combination of Polls) Rules;
(c)
rule 22(1) of the Parish Elections (Combination of Polls) Rules;
(d)
rule 13(1) of the Local Referendums (Combination of Polls) Rules;
15
(e)
rule 24(1) of the Mayoral Elections (Combination of Polls) Rules.
14    (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
Representation of the People (England and Wales) Regulations 2001.
      (2)
The form of postal voting statement to be issued to those entitled to vote by
20
post in the referendum must be in the form set out in Form 3 in Part 3 of this
Schedule.
      (3)
This paragraph applies instead of the requirement in rule 12(1)(b) of the
referendum rules for a postal voting statement to be in a particular form.
Colour of ballot papers
25
15
The ballot papers used for the referendum must be of a different colour from
the ballot papers used for any relevant election.
Polling stations
16    (1)
The referendum polling stations are to be used for the combined polls.
      (2)
This paragraph applies instead of—
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(a)
regulation 4 of the Representation of the People (Combination of
Polls) (England and Wales) Regulations 2004 so far as it relates to
polling stations;
(b)
rule 14(2) of the Local Referendums (Combination of Polls) Rules.
Official poll cards
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17    (1)
If the counting officer thinks fit, the official poll cards used for the
referendum and for the relevant elections may be combined.
      (2)
In that case, the forms required to be used for official poll cards for the
referendum and relevant elections must be adapted in whatever manner
seems necessary.
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Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 1 — Provision about combination
141

      (3)
In sub-paragraph (1) “relevant election” does not include the election of a
councillor of a parish council.
      (4)
This paragraph applies instead of—
(a)
rule 25(6) of the Local Elections (Combination of Polls) Rules;
(b)
rule 16(6) of the Local Referendums (Combination of Polls) Rules;
5
(c)
rule 27(6) of the Mayoral Elections (Combination of Polls) Rules.
Ballot boxes
18    (1)
If the counting officer thinks fit, the same ballot box may be used at the polls
for the referendum and the relevant elections.
      (2)
Where separate ballot boxes are used, each must be clearly marked to
10
show—
(a)
the poll to which it relates, and
(b)
the colour of ballot papers that should be placed in it.
      (3)
This paragraph applies instead of—
(a)
rule 26(2) and (7) of the Local Elections (Combination of Polls) Rules;
15
(b)
rule 26(2) and (7) of the Parish Elections (Combination of Polls)
Rules;
(c)
rule 17(2) and (7) of the Local Referendums (Combination of Polls)
Rules;
(d)
rule 28(2) and (7) of the Mayoral Elections (Combination of Polls)
20
Rules.
Form of corresponding number lists provided to polling stations
19    (1)
If the counting officer thinks fit, the lists to be provided under the following
provisions may be combined in the form set out in Form 4 in Part 3 of this
Schedule—
25
(a)
rule 17(3)(d) of the referendum rules;
(b)
rule 26(4)(d) of the Local Elections (Combination of Polls) Rules;
(c)
rule 26(4)(d) of the Parish Elections (Combination of Polls) Rules;
(d)
rule 17(4)(d) of the Local Referendums (Combination of Polls) Rules;
(e)
rule 28(4)(d) of the Mayoral Elections (Combination of Polls) Rules.
30
      (2)
In that case, this paragraph applies instead of the second sentence in rule
17(3) of the referendum rules.
Ballot paper displayed in polling stations
20
The large version of the ballot paper displayed inside the polling station
under rule 17(4)(a) of the referendum rules must be of the same colour as the
35
ballot papers to be used for the referendum.
Guidance to be exhibited inside and outside polling stations
21    (1)
A notice in the form set out in Form 5 in Part 3 of this Schedule, giving
directions for the guidance of voters in voting, must be printed in
conspicuous characters and exhibited inside and outside every polling
40
station.

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 1 — Provision about combination
142

      (2)
This paragraph applies instead of—
(a)
rule 17(6) of the referendum rules;
(b)
rule 26(8) of the Local Elections (Combination of Polls) Rules;
(c)
rule 26(8) of the Parish Elections (Combination of Polls) Rules;
(d)
rule 17(8) of the Local Referendums (Combination of Polls) Rules;
5
(e)
rule 28(8) of the Mayoral Elections (Combination of Polls) Rules.
Guidance to be exhibited in each polling station compartment
22    (1)
A notice in the form set out in Form 6 in Part 3 of this Schedule, giving
directions for the guidance of voters in voting, must be exhibited in every
compartment of every polling station.
10
      (2)
This paragraph applies instead of—
(a)
rule 17(7) of the referendum rules;
(b)
rule 26(10) of the Local Elections (Combination of Polls) Rules;
(c)
rule 26(10) of the Parish Elections (Combination of Polls) Rules;
(d)
rule 17(10) of the Local Referendums (Combination of Polls) Rules;
15
(e)
rule 28(10) of the Mayoral Elections (Combination of Polls) Rules.
Notice of appointment of polling and counting agents
23    (1)
A notice required to be given to a returning officer for a relevant election
under any of the following provisions is to be given instead to the counting
officer for the voting area in which the relevant election is to be held—
20
(a)
rule 27(5), (7) or (8) of the Local Elections (Combination of Polls)
Rules;
(b)
rule 27(5) or (7) of the Parish Elections (Combination of Polls) Rules;
(c)
rule 29(7), (9) or (10) of the Mayoral Elections (Combination of Polls)
Rules.
25
      (2)
This paragraph applies instead of—
(a)
rule 27(6) of the Local Elections (Combination of Polls) Rules;
(b)
rule 27(6) of the Parish Elections (Combination of Polls) Rules;
(c)
rule 29(8) of the Mayoral Elections (Combination of Polls) Rules.
The poll
30
Admission to the polling station
24
Rule 21(1) of the referendum rules has effect as if the persons listed there
included persons who would be entitled to be admitted to the polling station
for any relevant election if the poll for that relevant election were held on its
own.
35
Voting by persons on duty on day of poll
25    (1)
Paragraph 2(5) of Schedule 3 has effect as if in the words after paragraph (b)
the reference to any polling station were to any polling station in the same
voting area as the allotted polling station.
      (2)
A certificate as to employment on duty on the day of the poll for the
40
referendum must be in the form set out in Form 7 in Part 3 of this Schedule.

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 1 — Provision about combination
143

      (3)
Sub-paragraph (2) applies instead of rule 21(4)(b) of the referendum rules.
Questions put to voters: local referendums
26
The Table in rule 26 of the Local Referendums (Combination of Polls) Rules
has effect as if for “this referendum”, in each place, there were substituted
“this (specify local authority) referendum”.
5
Voting procedure: copies of registers and absent voters lists
27    (1)
If the counting officer thinks fit, the same copy of the register of electors may
be used under the following provisions for the purposes of the referendum
and the relevant elections—
(a)
rule 28(2) of the referendum rules;
10
(b)
rule 35(1) of the Local Elections (Combination of Polls) Rules;
(c)
rule 35(1) of the Parish Elections (Combination of Polls) Rules;
(d)
rule 28(1) of the Local Referendums (Combination of Polls) Rules;
(e)
rule 37(1) of the Mayoral Elections (Combination of Polls) Rules.
      (2)
Sub-paragraphs (3) and (4) apply where the same copy of the register is used
15
as mentioned in sub-paragraph (1).
      (3)
In a case where a ballot paper is delivered at the same time in respect of the
referendum and each relevant election, a single mark must be placed in the
register against the number of the elector under—
(a)
rule 28(2)(c) of the referendum rules,
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(b)
rule 35(1)(c) of the Local Elections (Combination of Polls) Rules,
(c)
rule 35(1)(c) of the Parish Elections (Combination of Polls) Rules,
(d)
rule 28(1)(c) of the Local Referendums (Combination of Polls) Rules,
and
(e)
rule 37(1)(c) of the Mayoral Elections (Combination of Polls) Rules.
25
      (4)
In any other case, a mark must be placed in the register against the number
of the elector identifying the poll to which each ballot paper delivered
relates.
      (5)
In the case of an elector who is added to the register in pursuance of a notice
issued under section 13B(3B) or (3D) of the 1983 Act—
30
(a)
references in this paragraph to the copy of the register of electors are
to be read as references to the copy of the notice;
(b)
references to a mark being placed in the register of electors are to be
read as references to a mark being made on the copy of the notice.
      (6)
This paragraph applies instead of—
35
(a)
rule 35(6) of the Local Elections (Combination of Polls) Rules;
(b)
rule 35(6) of the Parish Elections (Combination of Polls) Rules;
(c)
rule 28(6) of the Local Referendums (Combination of Polls) Rules;
(d)
rule 37(6) of the Mayoral Elections (Combination of Polls) Rules.
28    (1)
If the counting officer thinks fit, the counting officer may require the relevant
40
registration officer to produce a combined list of proxies for the referendum
and the relevant elections.
      (2)
The following provisions apply where the lists are combined and a person
applies for a ballot paper as proxy.

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 1 — Provision about combination
144

      (3)
Immediately before delivery of the ballot paper the list of proxies must be
marked in a way that identifies—
(a)
the proxy,
(b)
the elector for whom the proxy is applying for the ballot paper, and
(c)
the referendum or relevant election to which the ballot paper relates.
5
      (4)
Sub-paragraph (3) applies instead of—
(a)
rule 28(2)(d) of the referendum rules;
(b)
rule 35(1)(d) of the Local Elections (Combination of Polls) Rules;
(c)
rule 35(1)(d) of the Parish Elections (Combination of Polls) Rules;
(d)
rule 28(1)(d) of the Local Referendums (Combination of Polls) Rules;
10
(e)
rule 37(1)(d) of the Mayoral Elections (Combination of Polls) Rules.
29    (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 counting officer may require the relevant
15
registration officer to produce a combined postal voters list and a combined
proxy postal voters list for the referendum and the relevant elections.
List of votes marked by presiding officer
30    (1)
If the counting officer thinks fit, a single list of votes marked by the presiding
officer may be used for the purposes of the referendum and the relevant
20
elections.
      (2)
Where a person’s entry in that list does not relate to the referendum and each
relevant election the entry must—
(a)
indicate whether it relates to the referendum, and
(b)
identify any relevant election to which it relates.
25
      (3)
In this paragraph “list of votes marked by the presiding officer” means a list
compiled under—
(a)
rule 30(4) of the referendum rules,
(b)
rule 36(2) of the Local Elections (Combination of Polls) Rules,
(c)
rule 36(2) of the Parish Elections (Combination of Polls) Rules,
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(d)
rule 29(2) of the Local Referendums (Combination of Polls) Rules, or
(e)
rule 38(2) of the Mayoral Elections (Combination of Polls) Rules.
      (4)
This paragraph applies instead of—
(a)
rule 36(4) of the Local Elections (Combination of Polls) Rules;
(b)
rule 36(4) of the Parish Elections (Combination of Polls) Rules;
35
(c)
rule 29(4) of the Local Referendums (Combination of Polls) Rules;
(d)
rule 38(5) of the Mayoral Elections (Combination of Polls) Rules.
Declaration to be made by the companion of a voter with disabilities
31    (1)
A declaration made by the companion of a voter with disabilities must be in
the form set out in Form 8 in Part 3 of this Schedule.
40
      (2)
In this paragraph “declaration made by the companion of a voter with
disabilities” means a declaration made by a companion under—
(a)
rule 31 of the referendum rules,

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 1 — Provision about combination
145

(b)
rule 37 of the Local Elections (Combination of Polls) Rules,
(c)
rule 37 of the Parish Elections (Combination of Polls) Rules,
(d)
rule 30 of the Local Referendums (Combination of Polls) Rules, or
(e)
rule 39 of the Mayoral Elections (Combination of Polls) Rules.
      (3)
This paragraph applies instead of—
5
(a)
rule 31(5)(a) of the referendum rules;
(b)
rule 37(7)(a) of the Local Elections (Combination of Polls) Rules;
(c)
rule 37(7)(a) of the Parish Elections (Combination of Polls) Rules;
(d)
rule 30(7)(a) of the Local Referendums (Combination of Polls) Rules;
(e)
rule 39(8)(a) of the Mayoral Elections (Combination of Polls) Rules.
10
List of voters with disabilities assisted by companions
32    (1)
If the counting officer thinks fit, a single list of voters with disabilities
assisted by companions may be used for the purposes of the referendum and
the relevant elections.
      (2)
Where a person’s entry in that list does not relate to the referendum and each
15
relevant election the entry must—
(a)
indicate whether it relates to the referendum, and
(b)
identify any relevant election to which it relates.
      (3)
In this paragraph “list of voters with disabilities assisted by companions”
means a list compiled under—
20
(a)
rule 31(8) of the referendum rules,
(b)
rule 37(4) of the Local Elections (Combination of Polls) Rules,
(c)
rule 37(4) of the Parish Elections (Combination of Polls) Rules,
(d)
rule 30(4) of the Local Referendums (Combination of Polls) Rules, or
(e)
rule 39(4) of the Mayoral Elections (Combination of Polls) Rules.
25
      (4)
This paragraph applies instead of—
(a)
rule 37(6) of the Local Elections (Combination of Polls) Rules;
(b)
rule 37(6) of the Parish Elections (Combination of Polls) Rules;
(c)
rule 30(6) of the Local Referendums (Combination of Polls) Rules;
(d)
rule 39(7) of the Mayoral Elections (Combination of Polls) Rules.
30
Tendered votes list
33    (1)
If the counting officer thinks fit, a single tendered votes list may be used for
the purposes of the referendum and the relevant elections.
      (2)
Where a person’s entry in that list does not relate to the referendum and each
relevant election the entry must—
35
(a)
indicate whether it relates to the referendum, and
(b)
identify any relevant election to which it relates.
      (3)
In this paragraph “tendered votes list” means a list compiled under—
(a)
rule 33(7) of the referendum rules,
(b)
rule 39(2) of the Local Elections (Combination of Polls) Rules,
40
(c)
rule 39(2) of the Parish Elections (Combination of Polls) Rules,
(d)
rule 32(2) of the Local Referendums (Combination of Polls) Rules, or
(e)
rule 41(2) of the Mayoral Elections (Combination of Polls) Rules.