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 7 — Combination of polls: Scotland
Part 1 — Provision about combination
221

(a)
votes marked on referendum ballot papers,
(b)
votes marked on constituency ballot papers, and
(c)
votes marked on regional ballot papers.
      (2)
Where a person’s entry in that list does not relate to all three kinds of ballot
paper, the entry must identify each kind to which it relates.
5
      (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
(b)
rule 47(2) of the Scottish Parliamentary Election Rules.
      (4)
Where a single list is used as mentioned in sub-paragraph (1), this paragraph
10
applies instead of rule 47(4) of the Scottish Parliamentary Election Rules.
Declaration to be made by the companion of a voter with disabilities
33    (1)
A declaration made by the companion of a voter with disabilities must be in
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
15
disabilities” means a declaration made by a companion under—
(a)
rule 31 of the referendum rules, or
(b)
rule 48 of the Scottish Parliamentary Election Rules.
      (3)
This paragraph applies instead of—
(a)
rule 31(5)(a) of the referendum rules;
20
(b)
rule 48(6)(a) of the Scottish Parliamentary Election Rules.
List of voters with disabilities assisted by companions
34    (1)
If the counting officer thinks fit, a single list of voters with disabilities
assisted by companions may be used may be used in respect of—
(a)
votes marked on referendum ballot papers,
25
(b)
votes marked on constituency ballot papers, and
(c)
votes marked on regional ballot papers.
      (2)
Where a person’s entry in that list does not relate to all three kinds of ballot
paper, the entry must identify each kind to which it relates.
      (3)
In this paragraph “list of voters with disabilities assisted by companions”
30
means a list compiled under—
(a)
rule 31(8) of the referendum rules, or
(b)
rule 48(4) of the Scottish Parliamentary Election Rules.
      (4)
Where a single list is used as mentioned in sub-paragraph (1), this paragraph
applies instead of rule 48(8) of the Scottish Parliamentary Election Rules.
35
Tendered votes list
35    (1)
If the counting officer thinks fit, a single tendered votes list may be used in
respect of—
(a)
tendered referendum ballot papers,
(b)
tendered constituency ballot papers, and
40
(c)
tendered regional ballot papers.

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 1 — Provision about combination
222

      (2)
Where a person’s entry in that list does not relate to all three kinds of
tendered ballot paper, the entry must identify each kind to which it relates.
      (3)
In this paragraph “tendered votes list” means a list compiled under—
(a)
rule 33(7) of the referendum rules, or
(b)
rule 49(7) of the Scottish Parliamentary Election Rules.
5
      (4)
Where a single list is used as mentioned in sub-paragraph (1), this paragraph
applies instead of rule 49(10) of the Scottish Parliamentary Election Rules.
Lists relating to correction of errors on day of poll
36    (1)
If the counting officer thinks fit, a single list of persons to whom ballot
papers are delivered in consequence of late alterations to the register may be
10
used in respect of—
(a)
referendum ballot papers,
(b)
constituency ballot papers, and
(c)
regional ballot papers.
      (2)
Where a person’s entry in that list does not relate to all three kinds of ballot
15
paper, the entry must identify each kind to which it relates.
      (3)
In this paragraph “list of persons to whom ballot papers are delivered in
consequence of late alterations to the register” means a list compiled
under—
(a)
rule 36 of the referendum rules, or
20
(b)
rule 51 of the Scottish Parliamentary Election Rules.
Notice of adjournment in case of riot
37
Rule 52(1) of the Scottish Parliamentary Election Rules has effect as if
“counting officer” were substituted for “CRO”.
Procedure on close of poll
25
38    (1)
In rule 38(1) of the referendum rules the reference to polling agents includes
a reference to polling agents appointed for the purposes of a Scottish
parliamentary election.
      (2)
In rule 53(1) and (2) of the Scottish Parliamentary Election Rules, a reference
to polling agents includes a reference to polling agents appointed for the
30
purposes of the referendum.
      (3)
Rule 53(2)(g) of those rules does not apply.
39    (1)
A packet made up under one of the following provisions may not be
combined with a packet made up under another of those provisions.
      (2)
The provisions are—
35
(a)
rule 38(1)(b), (c) or (f) of the referendum rules;
(b)
rule 53(2)(a), (b) or (d) of the Scottish Parliamentary Election Rules.
40
Rule 53(2) of the Scottish Parliamentary Election Rules has effect as if
“counting officer” were substituted for “CRO” in each place.

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 1 — Provision about combination
223

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The ballot paper accounts prepared under rule 38(6) of the referendum rules
and rule 53(4) of the Scottish Parliamentary Election Rules may not be
combined.
Counting of votes
Attendance and arrangements for counting
5
42    (1)
The counting officer must make arrangements for counting the ballot papers
and carrying out the other functions conferred by paragraph 46 in the
presence of the counting agents.
      (2)
The counting officer must give the counting agents and the regional
returning officer notice in writing of the time and place at which the
10
proceedings under paragraph 46 will begin.
      (3)
A person may be present at the proceedings under paragraph 46 only if—
(a)
the person is entitled to be present at the counting of the votes for the
referendum or the Scottish parliamentary election, or
(b)
the person is permitted by the counting officer to attend.
15
      (4)
The counting officer may give a person permission under sub-
paragraph (3)(b) only if—
(a)
the officer is satisfied that the person’s attendance will not impede
the efficient conduct of the proceedings, and
(b)
the officer has consulted the referendum agents and election agents
20
or thought it impracticable to do so.
      (5)
The counting officer must give the counting agents—
(a)
whatever reasonable facilities for overseeing the proceedings, and
(b)
whatever information with respect to the proceedings,

the officer can give them consistently with the orderly conduct of the
25
proceedings and the discharge of the officer’s duties.
43
Rule 39(1) of the referendum rules (arrangements for the counting of votes
in the referendum) has effect with the omission of the words “after the close
of the poll”.
44    (1)
The constituency returning officer must make arrangements for counting
30
the votes for the Scottish parliamentary election in the presence of the
counting agents for the election as soon as practicable after receiving the
ballot papers from the counting officer under paragraph 47.
      (2)
The constituency returning officer must give the counting agents for the
Scottish parliamentary election and the regional returning officer notice in
35
writing of the time and place at which the counting of the votes for the
elections will begin.
      (3)
A person may be present at the counting of the votes for a Scottish
parliamentary election only if—
(a)
the person is permitted by the constituency returning officer to
40
attend, or
(b)
the person would be entitled to be present at the counting of votes for
the Scottish parliamentary election if it were taken on its own.

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 1 — Provision about combination
224

      (4)
The constituency returning officer may give a person permission under sub-
paragraph (3)(a) only if—
(a)
the officer is satisfied that the person’s attendance will not impede
the efficient counting of the votes, and
(b)
the officer has consulted the election agents or thought it
5
impracticable to do so.
      (5)
The constituency returning officer must give the counting agents for the
Scottish parliamentary election—
(a)
whatever reasonable facilities for overseeing the proceedings, and
(b)
whatever information with respect to the proceedings,
10

the officer can give them consistently with the orderly conduct of the
proceedings and the discharge of the officer’s duties.
      (6)
In particular, where the votes are counted by sorting the ballot papers into
lots according to the votes marked on them and then counting the number
of ballot papers in each lot, the counting agents for the Scottish
15
parliamentary election are entitled to satisfy themselves that the ballot
papers are correctly sorted.
45
Paragraphs 42 and 44 apply instead of rule 54 of the Scottish Parliamentary
Election Rules.
Counting and separation of ballot papers by counting officer
20
46    (1)
As soon as practicable after the close of the poll the counting officer must—
(a)
in the presence of the counting agents, open the ballot boxes and
count and record separately the number of referendum ballot
papers, constituency ballot papers and regional ballot papers;
(b)
where proceedings on the issue and receipt of postal ballot papers for
25
the referendum and the Scottish parliamentary election are taken
together by virtue of paragraph 2 of Schedule 4 to the 2010 Order,
count the postal ballot papers that have been duly returned for the
referendum, the constituency poll and the regional poll and record
separately the number relating to each;
30
(c)
where proceedings on the issue and receipt of postal ballot papers for
the referendum and the Scottish parliamentary election are not taken
together by virtue of paragraph 2 of Schedule 4 to the 2010 Order,
count the duly returned referendum postal ballot papers and record
the number;
35
(d)
separate the referendum ballot papers, the constituency ballot
papers and the regional ballot papers.
      (2)
The counting officer must not count any tendered ballot papers.
      (3)
The counting officer, while counting and recording the number of ballot
papers, must—
40
(a)
keep the ballot papers with their faces upwards, and
(b)
take all proper precautions for preventing anyone from seeing the
numbers or other unique identifying marks printed on the back of
the papers.
      (4)
The counting officer must, in the presence of the referendum agents and the
45
election agents for the Scottish parliamentary election—

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 1 — Provision about combination
225

(a)
verify each ballot paper account by comparing it with the number of
ballot papers recorded by the officer, and the unused and spoilt
ballot papers in the officer’s possession and the tendered votes list
(opening and resealing the packets containing the unused and spoilt
ballot papers and the tendered votes list);
5
(b)
draw up a separate statement as to the result of the verification in
relation to each poll.
      (5)
The counting officer must, on request, provide an election agent for the
Scottish parliamentary election with a copy of the statement relating to that
election.
10
      (6)
A counting agent for the referendum present at the verification may copy
the statement relating to the referendum.
      (7)
Once the statement relating to the referendum is drawn up, the counting
officer must—
(a)
in the case of a voting area in a region for which a Regional Counting
15
Officer is appointed, inform the Regional Counting Officer of the
contents of the statement;
(b)
in the case of any other voting area, inform the Chief Counting
Officer of the contents of the statement.
      (8)
Rule 40 of the referendum rules does not apply.
20
Delivery of ballot papers etc to returning officers
47    (1)
The counting officer must deliver or cause to be delivered to the
constituency returning officer the ballot papers for the Scottish
parliamentary election.
      (2)
The counting officer must also deliver or cause to be delivered to the
25
constituency returning officer the packets of—
(a)
the ballot paper accounts and the statements as to the result of the
verification of the ballot paper accounts for the Scottish
parliamentary election;
(b)
the unused and spoilt ballot papers for that election;
30
(c)
the tendered ballot papers for that election;
(d)
the certificates as to employment on duty on the day of the poll for
that election.
      (3)
If the counting officer has not begun to count the votes given on the
referendum ballot papers by the time the statements as to the result of the
35
verification of the ballot paper accounts in relation to all the polls are
prepared—
(a)
those ballot papers must be sealed into packets, each of which must
be endorsed with a description of its contents, and
(b)
the packets may not be opened until the counting officer begins
40
dealing with the ballot papers in those packets under paragraph
48(1).
      (4)
If, in respect of the constituency poll or the regional poll, none of the ballot
papers have been delivered under sub-paragraph (1) by the time the
statements as to the result of the verification of the ballot paper accounts in
45
relation to all the polls are prepared—

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 1 — Provision about combination
226

(a)
the ballot papers for that poll must be sealed into packets, each of
which must be endorsed with a description of its contents, and
(b)
the packets may not be opened until the constituency returning
officer begins dealing with the ballot papers in those packets under
paragraph 48(3).
5
Counting of votes
48    (1)
The counting officer must count the votes given on the referendum ballot
papers, but must not do so until—
(a)
in the case of postal ballot papers, they have been mixed with the
ballot papers from at least one ballot box;
10
(b)
in the case of ballot papers from a ballot box, they have been mixed
with the ballot papers from at least one other ballot box.
      (2)
Where proceedings on the issue and receipt of postal ballot papers are not
taken together by virtue of paragraph 2 of Schedule 4 to the 2010 Order, the
constituency returning officer for the Scottish parliamentary election must
15
count the duly returned postal constituency ballot papers and the duly
returned postal regional ballot papers and record separately the number
relating to each.
      (3)
The constituency returning officer must count the votes given on the
constituency ballot papers and regional ballot papers, but must not do so
20
until—
(a)
in the case of postal ballot papers, they have been mixed with the
ballot papers from at least one ballot box;
(b)
in the case of ballot papers from a ballot box, they have been mixed
with the ballot papers from at least one other ballot box.
25
      (4)
The counting or constituency returning officer, while counting the votes,
must—
(a)
keep the ballot papers with their faces upwards, and
(b)
take all proper precautions for preventing anyone from seeing the
numbers or other unique identifying marks printed on the back of
30
the papers.
      (5)
The counting or constituency returning officer must so far as practicable
proceed continuously with the counting of votes, allowing only time for
refreshment, except that—
(a)
the officer may exclude the whole or any part of the period between
35
7 pm and 9 am on the next day;
(b)
the officer may exclude a day mentioned in rule 2(1) of the
referendum rules.
      (6)
During the time so excluded the counting or constituency returning officer
must—
40
(a)
place the ballot papers and other documents relating to the
referendum or Scottish parliamentary election under the officer’s
own seal and the seals of any of the counting agents who want to
affix their seals, and
(b)
otherwise take proper precautions for the security of the papers and
45
documents.

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 1 — Provision about combination
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      (7)
This paragraph and paragraph 49 apply instead of rule 55 of the Scottish
Parliamentary Election Rules.
Ballot papers placed in wrong ballot box
49
Where separate ballot boxes are used for referendum ballot papers,
constituency ballot papers and regional ballot papers, the placing of a ballot
5
paper in the wrong ballot box does not render it void.
Declaration of result
Declaration
50
The result of the referendum or the constituency or regional poll in the
Scottish parliamentary election may not be declared until the statement as to
10
the result of the verification of the ballot paper accounts in relation to each
poll has been prepared.
Disposal of documents etc
Packets of documents
51    (1)
The counting officer may not open the sealed packets of—
15
(a)
the completed corresponding number lists for the Scottish
parliamentary election, or
(b)
marked copies of the polling register (within the meaning given in
Article 2(1) of the 2010 Order), and lists of proxies, for the Scottish
parliamentary election.
20
      (2)
Rule 68(2) of the Scottish Parliamentary Election Rules has effect as if sub-
paragraphs (b) and (d) were omitted.
Delivery and retention of documents
52    (1)
Rules 50(1)(b) and 52 of the referendum rules apply to the specified
documents.
25
      (2)
The specified documents are those specified in rule 69(1)(c), (d) and (f) of the
Scottish Parliamentary Election Rules.
      (3)
Rule 70 of the Scottish Parliamentary Election Rules applies to the specified
documents as if references to the CRO were to the counting officer.
      (4)
Except for the purposes of this paragraph, rule 69 of the Scottish
30
Parliamentary Election Rules has effect as if it did not include a reference to
the specified documents.
      (5)
Rule 70(8) of the Scottish Parliamentary Election Rules has effect as if for “by
this paragraph provided” there were substituted “provided by this
paragraph (or a court order)”.
35
Countermand or abandonment of poll on death of candidate
53    (1)
Where under rule 72(4), 75(2) or 77(1) of the Scottish Parliamentary Election
Rules—