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Parliamentary Voting System and Constituencies Bill


Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 1 — Provision about combination

256

 

(b)   

rule 20(2) (notice of situation of polling stations etc);

(c)   

rule 21 (postal ballot papers);

(d)   

rule 22 (provision of polling stations);

(e)   

in rule 23 (appointment of presiding officers and clerks), paragraph

(1) to the extent that it concerns the appointment of presiding officers

5

and clerks to assist them, and paragraph (2);

(f)   

rule 26 (equipment of polling stations);

(g)   

rule 28(a) (notification of requirement of secrecy at polling stations);

(h)   

rule 29(3) (certificate as to employment);

(i)   

rule 30(2)(b) (authorisation to remove person from polling station).

10

      (5)  

Functions of the Chief Electoral Officer conferred by—

(a)   

a provision referred to in sub-paragraph (1)(c), (3)(c) or (h) or (4)(c),

(b)   

rule 19A of the Assembly Elections Rules to the extent that it relates

to ballot papers issued in pursuance of rule 24(1) of those rules,

(c)   

rule 16A of the Local Elections Rules to the extent that it relates to

15

ballot papers issued in pursuance of rule 21(1) of those rules, or

(d)   

paragraph 33(2)(b) below,

           

fall within sub-paragraph (1) only where the Chief Electoral Officer decides

that the proceedings on the issue and receipt of postal ballot papers in

respect of the referendum and the relevant elections are to be taken together.

20

      (6)  

The Chief Electoral Officer may not decide that the proceedings on the issue

and receipt of postal ballot papers in respect of the referendum and the

relevant elections are to be taken together unless the Chief Counting Officer

agrees.

Forms

25

6          

Forms 2 to 5, 7 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

Corresponding number lists

7     (1)  

This paragraph applies where the Chief Electoral Officer decides that the

30

proceedings on the issue and receipt of postal ballot papers in respect of the

referendum and the relevant elections are to be taken together.

      (2)  

If the Chief Electoral Officer thinks fit, the lists to be prepared under the

following provisions may be combined in the form set out in Form 1 in Part

3 of this Schedule—

35

(a)   

rule 6 of the referendum rules;

(b)   

rule 19A of the Assembly Elections Rules;

(c)   

rule 16A of the Local Elections Rules.

      (3)  

In that case, this paragraph applies instead of—

(a)   

rule 6(2) of the referendum rules;

40

(b)   

rule 19A(2) of the Assembly Elections Rules;

(c)   

rule 16A(2) of the Local Elections Rules.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 1 — Provision about combination

257

 

8     (1)  

This paragraph applies where the Chief Electoral Officer decides that the

proceedings on the issue and receipt of postal ballot papers in respect of the

referendum and the relevant elections are not to be taken together.

      (2)  

If the Chief Electoral Officer thinks fit, the officer may prepare a single list

containing the numbers and other unique identifying marks of all of the

5

ballot papers to be provided to presiding officers in pursuance of the

following provisions—

(a)   

rule 17(1) of the referendum rules;

(b)   

rule 29(1) of the Assembly Elections Rules;

(c)   

rule 26(1) of the Local Elections Rules.

10

      (3)  

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

      (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;

15

(b)   

rule 19A of the Assembly Elections Rules;

(c)   

rule 16A of the Local Elections 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

provided in pursuance of the provisions mentioned in sub-paragraph (2), as

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a reference to the list prepared under this paragraph.

Notice of polling stations

9     (1)  

The notice given under rule 11(3) of the referendum rules must—

(a)   

state that the poll for the referendum is to be taken together with the

poll for the relevant elections, and

25

(b)   

specify the constituency or district council for which each relevant

election is to be held.

      (2)  

The notice given under rule 23(2) of the Assembly Elections Rules must—

(a)   

state that the poll for the Assembly election is to be taken together

with the poll for the referendum, and

30

(b)   

state that the poll for the Assembly election is to be taken together

with the poll for a local election, specifying the relevant district

council.

      (3)  

The notice given under rule 20(2) of the Local Elections Rules must—

(a)   

state that the poll for the local election is to be taken together with the

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poll for the referendum, and

(b)   

state that the poll for the local election is to be taken together with the

poll for an Assembly election, specifying the relevant constituency.

Declarations of identity

10    (1)  

This paragraph applies where the Chief Electoral Officer decides that the

40

proceedings on the issue and receipt of postal ballot papers in respect of the

referendum and the relevant elections are to be taken together.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 1 — Provision about combination

258

 

      (2)  

The declaration of identity to be issued to those entitled to vote by post in

the referendum and in the relevant elections 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 declaration of identity to be in a particular

5

form.

      (4)  

The provisions are—

(a)   

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

(b)   

rule 24(1)(c) of the Assembly Elections Rules;

(c)   

rule 21(1) of the Local Elections Rules.

10

11    (1)  

This paragraph applies where the Chief Electoral Officer decides that the

proceedings on the issue and receipt of postal ballot papers in respect of the

referendum and the relevant elections are not to be taken together.

      (2)  

The declaration of identity 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

15

Schedule.

      (3)  

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

referendum rules for a declaration of identity to be in a particular form.

      (4)  

The declaration of identity to be used by those entitled to vote by post in the

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

20

Schedule.

      (5)  

Sub-paragraph (4) applies instead of the requirement in rule 24(1) of the

Assembly Elections Rules for a declaration of identity to be in a particular

form.

      (6)  

The declaration of identity to be used by those entitled to vote by post in the

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local election must be in the form set out in Form 5 in Part 3 of this Schedule.

      (7)  

Sub-paragraph (6) applies instead of the requirement in rule 21(1) of the

Local Elections Rules for a declaration of identity to be in a particular form.

Colour of ballot papers

12         

The ballot papers used for the referendum and for each relevant election

30

must be of a different colour.

Polling stations

13         

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

Official poll cards

14    (1)  

If the Chief Electoral Officer thinks fit, the official poll cards used for the

35

referendum and 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.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 1 — Provision about combination

259

 

Ballot boxes

15    (1)  

If the Chief Electoral 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

show—

5

(a)   

the poll to which it relates, and

(b)   

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

Form of corresponding number lists provided to polling stations

16    (1)  

If the Chief Electoral Officer thinks fit, the lists to be provided under the

following provisions may be combined in the form set out in Form 6 in Part

10

3 of this Schedule—

(a)   

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

(b)   

rule 29(3)(e) of the Assembly Elections Rules;

(c)   

rule 26(3)(e) of the Local Elections Rules.

      (2)  

In that case, this paragraph applies instead of—

15

(a)   

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

(b)   

rule 26(3ZC) of the Local Elections Rules.

Ballot paper displayed in polling stations

17    (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

20

ballot papers to be used for the referendum.

      (2)  

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

under rule 29(3A)(a) of the Assembly Elections Rules must be of the same

colour as the ballot papers to be used for the Assembly election.

      (3)  

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

25

under rule 26(3A)(a) of the Local Elections Rules must be of the same colour

as the ballot papers to be used for the local election.

Guidance to be exhibited outside and inside polling stations

18    (1)  

Rule 17 of the referendum rules has effect as if—

(a)   

in paragraph (6), for “inside and outside every polling station” there

30

were substituted “outside every polling station and in every

compartment of every polling station”, and

(b)   

paragraph (7) were omitted.

      (2)  

Rule 29 of the Assembly Elections Rules has effect as if—

(a)   

in paragraph (4), for “inside and outside every polling station” there

35

were substituted “outside every polling station and in every

compartment of every polling station”, and

(b)   

paragraph (5) were omitted.

      (3)  

The notice referred to in rule 29(4) of the Assembly Elections Rules or rule

26(4) of the Local Elections Rules—

40

(a)   

must clearly indicate the election to which it relates, and

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 1 — Provision about combination

260

 

(b)   

must be on paper of the same colour as the ballot papers used for the

election to which it relates,

           

and the notice referred to in rule 17(6) of the referendum rules must be on

paper of the same colour as the ballot papers used for the referendum.

      (4)  

If the Chief Electoral Officer thinks fit, a notice in the form set out in Form 7

5

in Part 3 of this Schedule, giving directions for the guidance of voters in

voting—

(a)   

must be printed in conspicuous characters;

(b)   

must be exhibited outside every polling station and in every

compartment of every polling station.

10

      (5)  

In that case, paragraph (4) applies instead of—

(a)   

paragraphs (1) to (3);

(b)   

rule 17(6) and (7) of the referendum rules;

(c)   

rule 29(4) and (5) of the Assembly Elections Rules;

(d)   

rule 26(4) of the Local Elections Rules.

15

The poll

Admission to the polling station

19    (1)  

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 election were held on its own.

20

      (2)  

Rule 32(1) of the Assembly Elections Rules has effect as if the persons listed

there included—

(a)   

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

own, and

25

(b)   

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

for the local election if the poll for that election were held on its own.

      (3)  

Rule 29(1) of the Local Elections Rules has effect as if the persons listed there

included—

(a)   

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

30

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

own, and

(b)   

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

for the Assembly election if the poll for that election were held on its

own.

35

Questions to be put to voters

20    (1)  

Rule 35 of the Assembly Elections Rules has effect as if, in the questions in

entries 1, 2 and 4 of the table in paragraph (1), after “at this” (in each place)

there were inserted “Assembly”.

      (2)  

Rule 32 of the Local Elections Rules has effect as if, in paragraphs (1) and (2),

40

after “at this” (in each place) there were inserted “local”.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 1 — Provision about combination

261

 

Voting procedure: copies of registers and lists of proxies

21    (1)  

If the Chief Electoral 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;

5

(b)   

rule 37(1) of the Assembly Elections Rules;

(c)   

rule 34(1) of the Local Elections Rules.

      (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

10

referendum and the relevant elections, 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,

(b)   

rule 37(1)(d) of the Assembly Elections Rules, and

(c)   

rule 34(1)(d) of the Local Elections Rules.

15

      (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 13BA(9) of the 1983 Act—

20

(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.

22    (1)  

If the Chief Electoral Officer thinks fit, he or she may require the relevant

25

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.

      (3)  

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

30

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.

      (4)  

Sub-paragraph (3) applies instead of—

35

(a)   

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

(b)   

rule 37(1)(e) of the Assembly Elections Rules;

(c)   

rule 34(1)(e) of the Local Elections Rules.

23    (1)  

This paragraph applies where the Chief Electoral Officer decides that the

proceedings on the issue and receipt of postal ballot papers in respect of the

40

referendum and the relevant elections are to be taken together.

      (2)  

If the Chief Electoral Officer thinks fit, he or she may require the relevant

registration officer to produce—

(a)   

a combined postal voters list, consisting of the things that would

otherwise be included in—

45

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 1 — Provision about combination

262

 

(i)   

the postal voters list for the referendum;

(ii)   

the list under paragraph 2(4)(a) of Part 1 of Schedule 2 to the

Local Elections Order;

(iii)   

the list under section 7(4)(a) of the Representation of the

People Act 1985 as applied for the purposes of Assembly

5

elections by Article 3(1) of, and Schedule 1 to, the Northern

Ireland Assembly (Elections) Order 2001;

(b)   

a combined proxy postal voters list, consisting of the things that

would otherwise be included in—

(i)   

the proxy postal voters list for the referendum;

10

(ii)   

the list under paragraph 4(8) of Part 1 of Schedule 2 to the

Local Elections Order;

(iii)   

the list under section 9(9) of the Representation of the People

Act 1985 as applied for the purposes of Assembly elections by

Article 3(1) of, and Schedule 1 to, the Northern Ireland

15

Assembly (Elections) Order 2001.

List of votes marked by presiding officer

24    (1)  

If the Chief Electoral 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 elections.

20

      (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.

      (3)  

In this paragraph “list of votes marked by the presiding officer” means a list

25

compiled under—

(a)   

rule 30(4) of the referendum rules,

(b)   

rule 38(2) of the Assembly Elections rules, or

(c)   

rule 35(3) of the Local Elections Rules.

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

30

25    (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.

      (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,

35

(b)   

rule 39 of the Assembly Elections Rules, or

(c)   

rule 36 of the Local Elections Rules.

      (3)  

This paragraph applies instead of—

(a)   

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

(b)   

rule 39(5)(a) of the Assembly Elections Rules;

40

(c)   

rule 36(5)(a) of the Local Rules.

 
 

 
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