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Parliamentary Voting System and Constituencies Bill


Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 1 — Provision about combination

174

 

Cost of combined polls

3          

The cost of taking the combined polls (excluding any cost solely attributable

to the referendum or an Assembly election), and any cost attributable to

their combination, is to be apportioned equally between—

(a)   

the referendum, and

5

(b)   

the Assembly elections.

4     (1)  

Articles 23 and 24 of the Welsh Assembly Order (payments by and to

returning officer etc) 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,

10

would be exercisable by a returning officer (“transferred functions”),

and

(b)   

as if, in relation to that counting officer, a reference to services or

expenses were to services rendered or expenses incurred in respect

of transferred functions.

15

      (2)  

An order under article 23(1) of that Order (as it has effect as mentioned

above) may include special provision for services rendered or expenses

incurred by a counting officer in respect of transferred functions.

Publication of statement of persons nominated

5     (1)  

The statement of persons nominated at an Assembly election must be

20

published not later than noon on the 15th day before the date of the poll.

      (2)  

The timetable set out in rule 1(1) of the Assembly Elections Rules is to be

read with whatever modifications are necessary to give effect to this

paragraph.

Forms

25

6          

Forms 2, 3, 4, 6, 7 and 9 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

Corresponding number lists

7     (1)  

This paragraph applies where proceedings on the issue and receipt of postal

30

ballot papers are taken together by virtue of paragraph 2 of Schedule 3 to the

Welsh Assembly Order.

      (2)  

The function of the constituency returning officer under rule 27 of the

Assembly Elections Rules is to be carried out by the counting officer.

      (3)  

If the counting officer thinks fit, the lists prepared under the following

35

provisions may be combined in the form set out in Form 1 in Part 2 of this

Schedule—

(a)   

rule 6 of the referendum rules;

(b)   

rule 27 of the Assembly Elections Rules.

      (4)  

In that case, sub-paragraph (3) applies instead of—

40

(a)   

rule 6(2) of the referendum rules;

(b)   

rule 27(2) of the Assembly Elections Rules.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 1 — Provision about combination

175

 

8     (1)  

This paragraph applies where proceedings on the issue and receipt of postal

ballot papers are not taken together by virtue of paragraph 2 of Schedule 3

to the Welsh Assembly Order.

      (2)  

The counting officer must prepare a list under sub-paragraph (3) or (4) as the

officer thinks fit.

5

      (3)  

A list under this sub-paragraph is a list containing the numbers and other

unique identifying marks of all of the ballot papers to be provided to

presiding officers in pursuance of rule 37(1) of the Assembly Elections Rules.

           

The list must be in form CM set out in Schedule 10 to the Welsh Assembly

Order.

10

      (4)  

A list under this sub-paragraph is a 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;

(b)   

rule 37(1) of the Assembly Elections Rules.

15

           

The list must be in the form set out in Form 1 in Part 3 of this Schedule.

      (5)  

A list prepared under rule 27 of the Assembly Elections Rules must not

include details relating to ballot papers in relation to which a list is prepared

under sub-paragraph (3) or (4).

      (6)  

A reference in an enactment to a list prepared under rule 27 of the Assembly

20

Elections Rules has effect, in so far as it relates to ballot papers to be provided

in pursuance of rule 37(1) of those rules, as a reference to the list prepared

under sub-paragraph (3) or (4).

      (7)  

Where the counting officer prepares a list under sub-paragraph (4) in

relation to ballot papers —

25

(a)   

the list prepared under rule 6 of the referendum rules must not

include details relating to those ballot papers;

(b)   

a reference in an enactment to a list prepared under rule 6 of the

referendum rules has effect, in so far as it relates to ballot papers to

be provided in pursuance of rule 17(1) of the referendum rules, as a

30

reference to the list prepared under sub-paragraph (4).

Notice of polling stations

9     (1)  

No later than the time of the publication of the notice of the polls, the

counting officer must give public notice of—

(a)   

the situation of each polling station;

35

(b)   

the description of voters entitled to vote there.

      (2)  

The notice must—

(a)   

state that the polls for the referendum, the Assembly constituency

election and the Assembly regional election are to be taken together,

and

40

(b)   

specify the relevant voting area, constituency and region.

      (3)  

As soon as practicable after giving the notice the counting officer must give

a copy of it to—

(a)   

each of the referendum agents appointed for the officer’s area;

(b)   

each of the election agents for the Assembly elections;

45

(c)   

the regional returning officer.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 1 — Provision about combination

176

 

      (4)  

This paragraph applies instead of—

(a)   

rule 11(3) and (4) of the referendum rules;

(b)   

rule 32(2) to (4) of the Assembly Elections rules.

Postal voting

10    (1)  

This paragraph applies where proceedings on the issue and receipt of postal

5

ballot papers are taken together by virtue of paragraph 2 of Schedule 3 to the

Welsh Assembly Order.

      (2)  

The functions of the constituency returning officer under rule 33 of the

Assembly Elections Rules are to be carried out by the counting officer.

      (3)  

The form of postal voting statement to be issued to those entitled to vote by

10

post in the referendum and in both the Assembly elections must be in the

form set out in Form 2 in Part 3 of this Schedule.

      (4)  

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.

15

      (5)  

The provisions are—

(a)   

rule 12(1)(b) of the referendum rules;

(b)   

rule 33(1) of the Assembly Elections Rules.

11    (1)  

This paragraph applies where proceedings on the issue and receipt of postal

ballot papers are not taken together by virtue of paragraph 2 of Schedule 3

20

to the Welsh Assembly Order.

      (2)  

The form of postal voting statement to be issued to those entitled to vote by

post in the referendum must be in the form set out in Form 3 in Part 3 of this

Schedule.

      (3)  

Sub-paragraph (2) applies instead of the requirement in rule 12(1)(b) of the

25

referendum rules for a postal voting statement to be in a particular form.

      (4)  

The form of postal voting statement to be issued to those entitled to vote in

the Assembly elections must be in the form set out in Form 4 in Part 3 of this

Schedule.

      (5)  

Sub-paragraph (4) applies instead of the requirement in rule 33(1) of the

30

Assembly Elections Rules for a postal voting statement to be in a particular

form.

Polling stations

12         

The functions of the constituency returning officer under rule 34 of the

Assembly Elections Rules are to be carried out by the counting officer.

35

13         

The referendum polling stations are to be used for the combined polls.

Appointment of presiding officers and clerks

14         

The functions of the constituency returning officer under the following

paragraphs of rule 35 of the Assembly Elections Rules are to be carried out

by the counting officer—

40

(a)   

paragraph (1) so far as it relates to the appointment of presiding

officers and clerks;

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 1 — Provision about combination

177

 

(b)   

paragraph (3).

Official poll cards

15    (1)  

If the counting officer thinks fit, the official poll cards used for the

referendum and the Assembly elections may be combined.

      (2)  

In that case, the forms required to be used for official poll cards for the

5

referendum and elections must be adapted in whatever manner seems

necessary.

Equipment of polling stations

16         

The functions of the constituency returning officer under rule 37 of the

Assembly Elections Rules are to be carried out by the counting officer.

10

17    (1)  

If the counting officer thinks fit, the same ballot box may be used at the polls

for the referendum and the Assembly elections.

      (2)  

Where separate ballot boxes are used, each must be clearly marked to

show—

(a)   

the referendum or Assembly election to which it relates, and

15

(b)   

the colour of ballot papers that should be placed in it.

      (3)  

This paragraph applies instead of rule 37(2) and (3) of the Assembly

Elections Rules.

Colour of ballot papers

18         

The ballot papers used for the referendum must be of a different colour from

20

the ballot papers used for the Assembly elections.

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 5 in Part 3 of this

Schedule—

25

(a)   

rule 17(3)(d) of the referendum rules;

(b)   

rule 37(5)(d) of the Assembly Elections Rules.

      (2)  

In that case, this paragraph applies instead of—

(a)   

the second sentence in rule 17(3) of the referendum rules;

(b)   

the requirement in rule 37(5)(d) of the Assembly Elections Rules to

30

use a particular form.

Ballot paper displayed in polling stations

20    (1)  

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

ballot papers to be used for the referendum.

35

      (2)  

The large version of the ballot paper displayed inside the polling station

under rule 37(7)(a) of the Assembly Elections Rules in respect of each

Assembly election must be of the same colour as the ballot papers to be used

for that election.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 1 — Provision about combination

178

 

Guidance to be exhibited inside and outside polling stations

21    (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 printed in

conspicuous characters and exhibited inside and outside every polling

station.

5

      (2)  

This paragraph applies instead of—

(a)   

rule 17(6) of the referendum rules;

(b)   

rule 37(14) of the Assembly Elections Rules.

Guidance to be exhibited in each polling station compartment

22    (1)  

A notice in the form set out in Form 7 in Part 3 of this Schedule, giving

10

directions for the guidance of voters in voting, must be exhibited in every

compartment of every polling station.

      (2)  

This paragraph applies instead of—

(a)   

rule 17(7) of the referendum rules;

(b)   

rule 37(15) and (16) of the Assembly Elections Rules.

15

Notice of appointment of polling and counting agents

23         

A notice required to be given to a constituency returning officer under

rule 38(5), (6) or (7) of the Assembly Elections Rules is to be given to the

counting officer.

Notification of requirement of secrecy

20

24         

The functions of the constituency returning officer under rule 39(a) of the

Assembly Elections Rules are to be carried out by the counting officer.

Return of postal ballot papers

25         

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

25

Order, the functions of the constituency returning officer under rule 40 of the

Assembly Elections Rules are to be carried out by the counting officer.

The poll

Admission to the polling station

26    (1)  

Rule 21(1) of the referendum rules has effect as if the persons listed there

30

included persons who would be entitled to be admitted to the polling station

for an Assembly election if the poll for the election were held on its own.

      (2)  

Rule 41(1) of the Assembly Elections Rules has effect as if the persons listed

there included persons who would be entitled to be admitted to the polling

station for the referendum if the poll for the referendum were held on its

35

own.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 1 — Provision about combination

179

 

Voting by persons on duty on day of poll

27    (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

5

referendum must be in the form set out in Form 8 in Part 3 of this Schedule.

      (3)  

Sub-paragraph (2) applies instead of rule 21(4)(b) of the referendum rules.

28         

The returning officer’s function of signing certificates as to employment

under rule 41(5) of the Assembly Elections Rules is to be carried out by the

counting officer.

10

Removal from polling station

29         

The constituency returning officer’s function under rule 42(2)(b) of the

Assembly Elections Rules of authorising someone to remove a person from

a polling station is to be carried out by the counting officer.

Voting procedure: copies of registers and lists of proxies

15

30    (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 Assembly elections—

(a)   

rule 28(2) of the referendum rules;

(b)   

rule 46(1) of the Assembly Elections Rules.

20

      (2)  

Sub-paragraphs (3) and (4) apply where the same copy of the register is used

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, the Assembly constituency election and the Assembly regional

election, a single mark must be placed in the register against the number of

25

the elector under—

(a)   

rule 28(2)(c) of the referendum rules, and

(b)   

rule 46(1)(c) of the Assembly Elections Rules.

      (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

30

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—

(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;

35

(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)  

Where the same copy of the register is used as mentioned in sub-paragraph

(1), this paragraph applies instead of rule 46(6) of the Assembly Elections

Rules except so far as it relates to the list of proxies.

40

31    (1)  

If the counting officer thinks fit, the counting officer may require the relevant

registration officer to produce a combined list of proxies for the referendum

and the Assembly elections.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 1 — Provision about combination

180

 

      (2)  

The following provisions apply where the lists are combined and a person

applies for a ballot paper as proxy.

      (3)  

Immediately before delivery of the ballot paper the list of proxies must be

marked in a way that identifies—

(a)   

the proxy,

5

(b)   

the elector for whom the proxy is applying for the ballot paper, and

(c)   

the referendum or Assembly election to which the ballot paper

relates.

      (4)  

Sub-paragraph (3) applies instead of—

(a)   

rule 28(2)(d) of the referendum rules;

10

(b)   

rule 46(1)(d) of the Assembly Elections Rules and rule 46(6) of those

rules so far as it relates to the list of proxies.

32    (1)  

This paragraph applies 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.

15

      (2)  

If the counting officer thinks fit, the counting officer may require the relevant

registration officer to produce a combined postal voters list and a combined

proxy postal voters list for the referendum and the Assembly elections.

List of votes marked by presiding officer

33    (1)  

If the counting officer thinks fit, a single list of votes marked by the presiding

20

officer may be used for the purposes of the referendum and the Assembly

elections.

      (2)  

Where a person’s entry in that list does not relate to the referendum, the

Assembly constituency election and the Assembly regional election, the

entry must—

25

(a)   

indicate whether it relates to the referendum, and

(b)   

identify any election to which it relates.

      (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, or

30

(b)   

rule 47(2) of the Assembly Elections Rules.

      (4)  

Where a single list is used as mentioned in sub-paragraph (1), this paragraph

applies instead of rule 47(5) of the Assembly Elections Rules.

Declaration to be made by the companion of a voter with disabilities

34    (1)  

A declaration made by the companion of a voter with disabilities must be in

35

the form set out in Form 9 in Part 3 of this Schedule.

      (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, or

(b)   

rule 48 of the Assembly Elections Rules.

40

      (3)  

This paragraph applies instead of—

(a)   

rule 31(5)(a) of the referendum rules;

(b)   

rule 48(7)(a) of the Assembly Elections Rules.

 
 

 
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