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 6 — Combination of polls: Wales
Part 2 — Application of provisions about issue and receipt of postal ballot papers
188

      (3)
In the Representation of the People (England and Wales) Regulations 2001
(S.I. 2001/341) as they apply in relation to the referendum by virtue of
Schedule 4—
(a)
regulation 61B(3)(a) has effect as if for the words after “postal ballot
papers” there were substituted “in accordance with paragraph 23(4)
5
or 24(3)(a) of Schedule 3 to the National Assembly for Wales
(Representation of the People) Order 2007”;
(b)
regulation 116(1) has effect as if for “regulation 91 above” there were
substituted “paragraph 31 of Schedule 3 to the National Assembly
for Wales (Representation of the People) Order 2007”.
10

Provision
Modification

Paragraph 1 (interpretation)
For the definition of “agent” substitute—

““agent”, except in paragraph

6(2) to (8)—

(a)
in relation to an

15

Assembly election,

includes an election

agent and a person

appointed to attend in

the election agent’s

20

place;

(b)
in relation to the

referendum, means a

referendum agent or

an agent appointed

25

under paragraph

6(2).”

In the appropriate places insert—

““postal voters list” includes the

list kept under paragraph

30

5(2) of Schedule 3 to the

Parliamentary Voting System

and Constituencies Act

2010;”;

““proxy postal voters list”

35

includes the list kept under or

paragraph 8(6) of Schedule 3

to the Parliamentary Voting

System and Constituencies

Act 2010;”;

40

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 2 — Application of provisions about issue and receipt of postal ballot papers
189

Provision
Modification

““relevant returning or

counting officer” means—

(a)
in a case where

proceedings on the

5

issue and receipt of

postal ballot papers

are taken together by

virtue of paragraph 2,

the counting officer;

10

(b)
in any other case, the

constituency

returning officer, in

relation to an

Assembly election, or

15

the counting officer,

in relation to the

referendum;”.

Paragraph 2 (combination of
For paragraph 2 substitute—

polls)
“2
Combination of polls

20

Proceedings on the issue and

receipt of postal ballot papers in respect of

the Assembly elections and the referendum

may, if the constituency returning officer

and the counting officer think fit, be taken

25

together.”

Paragraph 3 (form of postal
Omit the whole paragraph.

voting statement)

Paragraph 4 (regional
Omit the whole paragraph.

elections)

30

Paragraph 5 (persons
For “constituency returning officer” substitute

entitled to be present at
“relevant returning or counting officer”.

proceedings on issue of

postal ballot papers)

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 2 — Application of provisions about issue and receipt of postal ballot papers
190

Provision
Modification

Paragraph 6 (persons
For sub-paragraph (1) substitute—

entitled to be present at
(1)
In a case where proceedings on the receipt of

proceedings on receipt of
postal ballot papers are taken together by

postal ballot papers)
virtue of paragraph 2, the only persons who

5

may be present at those proceedings are the

appropriate persons in relation to the

Assembly elections and the referendum.

(1A)
In any other case, the only persons who may

be present at the proceedings on the receipt

10

of postal ballot papers—

(a)
in respect of the Assembly elections,

are the appropriate persons in

relation to those elections;

(b)
in respect of the referendum, are the

15

appropriate persons in relation to the

referendum.

(1B)
The following are appropriate persons in

relation to the Assembly elections—

(a)
the constituency returning officer

20

and his clerks;

(b)
the regional returning officer;

(c)
the candidates;

(d)
the election agents;

(e)
any person appointed by a

25

constituency candidate to attend in

his election agent’s place;

(f)
any person appointed by an

individual candidate at the regional

election to attend in his election

30

agent’s place;

(g)
any person appointed by the election

agent of a registered political party

standing nominated or by the

registered nominating officer of that

35

party to attend in the place of that

party’s election agent at the regional

election;

(h)
any agents appointed under sub-

paragraph (2).

40

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 2 — Application of provisions about issue and receipt of postal ballot papers
191

Provision
Modification

(1C)
The following are appropriate persons in

relation to the referendum—

(a)
the counting officer;

(b)
the counting officer’s clerks;

5

(c)
the referendum agents and any

agents appointed under sub-

paragraph (2).

(1D)
This paragraph is without prejudice to

section 6A, 6B, 6C, 6D or 6E of the 2000

10

Political Parties Act.”

In sub-paragraphs (2) to (7), for “constituency

returning officer” (in each place) substitute

“relevant returning or counting officer”.

Omit sub-paragraph (4).

15

After sub-paragraph (7) insert—

“(7A)
In relation to the referendum, in sub-

paragraph (2), (3), (5) or (8) a reference to a

candidate in a constituency election is to be

read as a reference to a referendum agent.”

20

In sub-paragraph (9), for “the candidates or their

agents” substitute “any persons mentioned in sub-

paragraphs (1B)(c) to (h) or (1C)(c)”.

Paragraph 7 (notification of
For paragraph 7 substitute—

requirement of secrecy)
“7
Notification of requirements of secrecy

25

(1)
In a case where proceedings on the issue and

receipt of postal ballot papers are taken

together by virtue of paragraph 2, the

counting officer shall make such

arrangements as he thinks fit to ensure that

30

every person attending the proceedings in

connection with the issue or receipt of postal

ballot papers has been given a copy in

writing of—

(a)
the provisions of article 35(4) and (6);

35

and

(b)
the provisions of subsections (4) and

(6) of section 66 of the 1983 Act as

they apply in relation to the

referendum.

40

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 2 — Application of provisions about issue and receipt of postal ballot papers
192

Provision
Modification

(2)
In any other case—

(a)
the constituency returning officer

shall make such arrangements as he

thinks fit to ensure that every person

5

attending proceedings in connection

with the issue or receipt of postal

ballot papers for the Assembly

elections has been given a copy in

writing of the provisions of article

10

35(4) and (6);

(b)
the counting officer shall make such

arrangements as he thinks fit to

ensure that every person attending

proceedings in connection with the

15

issue or receipt of postal ballot

papers for the referendum has been

given a copy in writing of the

provisions of subsections (4) and (6)

of section 66 of the 1983 Act as they

20

apply to the referendum.”

Paragraph 8 (time when
In sub-paragraph (1), after “voting statement”

postal ballot papers are to be
insert “for an Assembly election”.

issued)

After sub-paragraph (1) insert—

25

   “(1A)
In the case of a person within entry 2, 3 or

4 of the table in paragraph 5(2) of

Schedule 3 to the Parliamentary Voting

System and Constituencies Act 2010 or

entry 2, 3 or 4 of the table in paragraph

30

8(6) of that Schedule (electors and proxies

entitled to vote by post for an indefinite or

definite period), no postal ballot paper

and postal voting statement for the

referendum shall be issued until after 5

35

pm on the eleventh day before the date of

the poll (computed in accordance with

paragraph 7(6) of Schedule 1 to this

Order).”

In sub-paragraph (2), omit “by the constituency

40

returning officer”.

Paragraph 9 (procedure on
In sub-paragraph (2), omit “Where an elector is

issue of postal ballot papers)
entitled to give two votes”.

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 2 — Application of provisions about issue and receipt of postal ballot papers
193

Provision
Modification

For sub-paragraph (5) substitute—

“(5)
Sub-paragraphs (5A) and (5B) apply

where—

(a)
proceedings on the issue of postal

5

ballot papers are taken together by

virtue of paragraph 2; and

(b)
a combined postal voters list or

proxy postal voters list is produced

by virtue of paragraph 32 of

10

Schedule 6 to the Parliamentary

Voting System and Constituencies

Act 2010.

(5A)
In a case where a postal ballot paper is

issued at the same time in respect of the

15

Assembly elections and the referendum, a

single mark must be placed in the list under

sub-paragraph (3).

(5B)
In any other case, a mark must be placed in

the list under sub-paragraph (3) identifying

20

the poll to which each postal ballot paper

issued relates.

(5C)
Where proceedings on the issue of postal

ballot papers are taken together by virtue of

paragraph 2, the number of each postal

25

ballot paper issued shall be marked on the

postal voting statement under paragraph

(4).”

In sub-paragraph (6), for the words from the

beginning to “but” substitute “Where”.

30

In sub-paragraph (8)—

(a)
after “sub-paragraph (7)” insert “in relation

to an Assembly election”;

(b)
at the end insert—


“and, in relation to the referendum, the

35

items specified in sub-paragraph (7) must

be sent to the address to which postal ballot

papers should be sent as mentioned in

column 3 of the table in paragraph 5(2) or

8(6) of Schedule 3 to the Parliamentary

40

Voting System and Constituencies Act

2010.”

Paragraph 10 (refusal to
For “constituency returning officer” substitute

issue postal ballot papers)
“relevant returning or counting officer”.

After “election” insert “or the referendum”.

45

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 2 — Application of provisions about issue and receipt of postal ballot papers
194

Provision
Modification

Paragraph 11 (envelopes)
In sub-paragraph (1)—

(a)
for “constituency returning officer”

substitute “relevant returning or counting

officer”;

5

(b)
after “Schedule 5” insert “or rule 12 of the

referendum rules”.

In sub-paragraph (2)—

(a)
for “constituency returning officer”

substitute “relevant returning or counting

10

officer”;

(b)
in paragraph (c), at the beginning insert

“unless the envelope has a window through

which the number on the ballot paper (or

ballot papers) can be displayed,”.

15

In sub-paragraph (3), for the words from the

beginning to “but” substitute “Where”.

Paragraph 12 (sealing up of
In sub-paragraph (1), for “constituency returning

completed corresponding
officer” substitute “relevant returning or counting

number lists)
officer”.

20

In sub-paragraph (2), for “returning officer”

substitute “relevant returning or counting officer”.

Paragraph 13 (delivery of
In sub-paragraph (1)—

postal ballot papers)
(a)
for “constituency returning officer”

substitute “relevant returning or counting

25

officer”;

(b)
in paragraph (c), after “Schedule 5” insert

“or rule 14 of the referendum rules”.

In sub-paragraph (2), for “constituency returning

officer” substitute “relevant returning or counting

30

officer”.

Paragraph 14 (spoilt postal
For “constituency returning officer” (in each place)

ballot papers)
substitute “relevant returning or counting officer”.

In sub-paragraph (2)(b), for “election” substitute

“poll”.

35

Paragraph 15 (lost postal
For “constituency returning officer” (in each place)

ballot papers)
substitute “relevant returning or counting officer”.

In sub-paragraph (3)(b), for “election” substitute

“poll”.