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Parliamentary Voting System and Constituencies Bill


Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 3 — Forms referred to in Part 1

277

 
 

(b)   

put that envelope, together with the correct declaration of identity, in the

 
 

correct covering envelope and seal it;

 
 

(c)   

return the covering envelopes without delay. Ballot papers must be received

 
 

by the returning officer not later than the close of poll.

 
 

4. If you receive more than one ballot paper, remember that it is illegal to vote

 

5

 

more than once (otherwise than as proxy) at the same election. You are entitled to

 
 

vote at different elections which are held on the same day.

 
 

5.    

At this election you cannot vote in person at a polling station, even if you

 
 

receive an official poll card.

 
 

6.    

If by mistake you spoil your ballot paper, you can apply to the returning

 

10

 

officer for another one. With your application you must return, in your own

 
 

envelope, the spoilt ballot paper, the declaration of identity and the envelopes

 
 

marked “A” and “B”. Remember that there is little time available if a fresh postal

 
 

ballot paper is to be issued and counted.

 
   

15

 

Paragraph 11(6)

Form 5 - Form of declaration of identity (to be used for local election where

proceedings on issue and receipt of postal ballot papers not combined)

Front of form

 

Declaration of identity

 

20

 

Election of District Councillors

 
 

To be returned with the [insert colour of ballot paper] coloured ballot paper

 
 

no.................

 
 

I hereby declare that I am the person to whom the [insert colour of ballot paper]

 
 

coloured ballot paper numbered as above was sent.

 

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My date of birth is .............. (you are not required to give your date of birth if you

 
 

are to vote as a proxy for someone else).

 
 

Voter’s signature .........................................

 
 

The voter, who is personally known to me, has signed this declaration in my

 
 

presence.

 

30

 

Witness’s signature .......................................................................................

 
 

Name of witness (WRITE CLEARLY) ............................................................

 
 

Address of witness (WRITE CLEARLY) .........................................................

 
 

...................................................................................................................

 
 

SEE INSTRUCTIONS ON THE BACK OF THIS FORM

 

35

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 3 — Forms referred to in Part 1

278

 

Back of form

 

INSTRUCTIONS TO THE VOTER

 
 

1. You must sign this declaration of identity in the presence of a person known to

 
 

you. You are required to do this even if you have already signed a similar

 
 

declaration of identity in respect of another poll to be held on the same day. That

 

5

 

person should then sign this declaration as a witness, adding his or her name and

 
 

address. Without this the declaration will be invalid.

 
 

2.    

Number the candidates in order of preference, putting “1” against the

 
 

candidate of your 1st preference, “2” against your 2nd preference and so on. You

 
 

should not put the same preference against more than one candidate. You may

 

10

 

show your preference for as many or as few candidates as you wish. Put no other

 
 

mark on the ballot paper, or your vote may not be counted. Do this secretly. If

 
 

you cannot vote without assistance, the person assisting you must not disclose

 
 

how you have voted.

 
 

3. Then proceed as follows—

 

15

 

(a) place each ballot paper in the correct smaller envelope and seal it;

 
 

(b)   

put that envelope, together with the correct declaration of identity, in the

 
 

correct covering envelope and seal it;

 
 

(c)   

return the covering envelopes without delay. Ballot papers must be received

 
 

by the returning officer not later than the close of poll.

 

20

 

4. If you receive more than one ballot paper, remember that it is illegal to vote

 
 

more than once (otherwise than as proxy) at the same election. You are entitled to

 
 

vote at different elections which are held on the same day.

 
 

5.    

At this election you cannot vote in person at a polling station, even if you

 
 

receive an official poll card.

 

25

 

6.    

If by mistake you spoil your ballot paper, you can apply to the returning

 
 

officer for another one. With your application you must return, in your own

 
 

envelope, the spoilt ballot paper, the declaration of identity and the envelopes

 
 

marked “A” and “B”. Remember that there is little time available if a fresh postal

 
 

ballot paper is to be issued and counted.

 

30

   

Paragraph 16(1)

Form 6 - Form of corresponding number list (to be used in polling stations for

combined polls)

 

Voting area/constituency/district electoral area: ........................................

 

35

 

Date of Poll: .........................................

 
 

Polling Station: .....................................

 
 

Sheet No.: .............................................

 
 
 

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 3 — Forms referred to in Part 1

279

 
 

Ballot Paper Number (identify the

Elector Number

 
 

number issued for the referendum/

  
 

election)

  
    
    

5

    
    
    
    
    

10

    
    
    
    
    

15

    
    

Paragraph 18(4)

Form 7 - guidance for voters to be exhibited outside every polling station and

in every compartment inside

20

 

1.

When you are given your ballot papers go to one of the compartments.

 
 

2.

On the [insert colour] referendum ballot paper, mark a cross (X) in the box on the

 
  

right hand side of the ballot paper opposite the answer you are voting for.

 
 

3.

On the ballot paper for the election to the Northern Ireland Assembly ([insert

 
  

colour] ballot paper), and the ballot paper for the election of district councillors

 

25

  

([insert colour] ballot paper), number the candidates in order of preference, putting

 
  

“1” against the candidate of your 1st preference, “2” against your 2nd preference

 
  

and so on. You should not put the same preference against more than one

 
  

candidate.

 
 

4.

Vote once only in the referendum. In the Assembly election and the election for

 

30

  

district councillors, you may show your preference for as many or as few

 
  

candidates as you wish. Put no other mark on the ballot paper, or your vote may

 
  

not be counted.

 
 

5.

If by mistake you spoil a ballot paper, show it to the presiding officer and ask for

 
  

another one.

 

35

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 3 — Forms referred to in Part 1

280

 
 

6.

Fold each ballot paper in two. Show the presiding officer the number and other

 
  

unique identifying mark on the back of each ballot paper, but do not let anyone

 
  

see your vote. Put each ballot paper in the [appropriate]* ballot box and leave the

 
  

polling station.

 
   

5

 

* Complete or omit as necessary.

 
   
 

Paragraph 25(1)

Form 8 - Form of declaration to be made by the companion of a voter with

disabilities

10

 

I, ................................................................................................... (name of companion)

 
 

of .................................................................................................. (address of companion)

 
 

having been requested to assist ..................................................... (name of voter)

 
 

[in the case of a person with disabilities voting as proxy, add

 
 

voting as proxy for ........................................................................ (name of elector)]

 

15

 

whose number on the register is .................................................. to record their vote

 
 

at the [referendum]* [and]* [election(s)*]* being held in this [voting area]*

 
 

[/constituency]* [/district electoral area]*

 
 

hereby declare that

 
 

(a)   

[I am entitled to vote as an elector at the said [referendum]* [and]*

 

20

 

[election(s)]*,]*

 
 

(b)   

[I am the #.................................. of the said voter and have attained the age

 
 

of 18 years,]* and

 
 

(c)   

I have not previously assisted any voter with disabilities [except

 
 

.......................... (name of other elector), of .......................... (address of other

 

25

 

elector)], to vote at the said [referendum]* [or]* [election(s)*]*.

 
 

#State the relationship of the companion to the voter.

 
 

*Delete as appropriate.

 
 

(Signed) .......................................... (companion)

 
 

Date ................................................

 

30

 

I, the undersigned, being the presiding officer for the .............. polling station for

 
 

.............. the [insert name of voting area] hereby certify that the above declaration,

 
 

having been first read to the above-named declarant, was signed by the declarant

 
 

in my presence.

 
 

(Signed)..........................................

 

35

 

Date ...............................................

 
 
 

Parliamentary Voting System and Constituencies Bill
Schedule 9 — Control of loans etc to permitted participants   — Introductory

281

 
 

Time ........................................ (am/pm)

 
 


 
 

NOTES: (1) If the person making the above declaration knowingly and wilfully

 
 

makes therein a statement false in a material particular, he or she will be guilty of

 
 

an offence.

 

5

 

(2) A voter with disabilities is a voter who has made a declaration that he or she is

 
 

so incapacitated by blindness or other disability, or by an inability to read, as to be

 
 

unable to vote without assistance.

 
 

Schedule 9

Section 6

 

Control of loans etc to permitted participants

10

           

The Schedule referred to in section 6(1) is as follows—

“SCHEDULE 15A

Control of loans etc to permitted participants

Part 1

Introductory

15

Operation of Schedule

1     (1)  

This Schedule has effect in relation to the referendum under

section 1 of the Parliamentary Voting System and Constituencies

Act 2010 for controlling regulated transactions entered into by

permitted participants that either are not registered parties or are

20

minor parties.

      (2)  

The following provisions have effect for the purposes of this

Schedule.

      (3)  

In accordance with sub-paragraph (1), “permitted participant”

does not include a permitted participant which is a registered

25

party other than a minor party.

      (4)  

“Regulated transaction” has the meaning given by paragraph 2.

      (5)  

In relation to transactions entered into by a permitted participant

other than a designated organisation, the reference in paragraph

4(2) to a permissible donor falling within section 54(2) does not

30

include a registered party.

           

In this sub-paragraph “designated organisation” has the meaning

given by section 110(5).

Regulated transactions

2     (1)  

An agreement between a permitted participant and another

35

person by which the other person makes a loan of money to the

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 9 — Control of loans etc to permitted participants   — Introductory

282

 

permitted participant is a regulated transaction if the use

condition is satisfied.

      (2)  

An agreement between a permitted participant and another

person by which the other person provides a credit facility to the

permitted participant is a regulated transaction if the use

5

condition is satisfied.

      (3)  

Where—

(a)   

a permitted participant and another person (A) enter into

a regulated transaction of a description mentioned in sub-

paragraph (1) or (2), or a transaction under which any

10

property, services or facilities are provided for the use or

benefit of the permitted participant (including the services

of any person),

(b)   

A also enters into an arrangement whereby another person

(B) gives any form of security (whether real or personal)

15

for a sum owed to A by the permitted participant under the

transaction mentioned in paragraph (a), and

(c)   

the use condition is satisfied,

           

the arrangement is a regulated transaction.

      (4)  

An agreement or arrangement is also a regulated transaction if—

20

(a)   

the terms of the agreement or arrangement as first entered

into do not constitute a regulated transaction by virtue of

sub-paragraph (1), (2) or (3), but

(b)   

the terms are subsequently varied in such a way that the

agreement or arrangement becomes a regulated

25

transaction.

      (5)  

The use condition is that the permitted participant intends at the

time of entering into a transaction mentioned in sub-paragraph

(1), (2) or (3)(a) to use any money or benefit obtained in

consequence of the transaction for meeting referendum expenses

30

incurred by or on behalf of the permitted participant.

      (6)  

For the purposes of sub-paragraph (5), it is immaterial that only

part of the money or benefit is intended to be used for meeting

referendum expenses incurred by or on behalf of the permitted

participant.

35

      (7)  

References in sub-paragraphs (1) and (2) to a permitted participant

include references to an officer, member, trustee or agent of the

permitted participant if that person makes the agreement as such.

      (8)  

References in sub-paragraph (3) to a permitted participant include

references to an officer, member, trustee or agent of the permitted

40

participant if the property, services or facilities are provided to

that person as such, or the sum is owed by that person as such.

      (9)  

A reference to a connected transaction is a reference to the

transaction mentioned in sub-paragraph (3)(b).

     (10)  

In this paragraph a reference to anything being done by or in

45

relation to a permitted participant or a person includes a reference

to its being done directly or indirectly through a third person.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 9 — Control of loans etc to permitted participants   — Introductory

283

 

     (11)  

A credit facility is an agreement whereby a permitted participant

is enabled to receive from time to time from another party to the

agreement a loan of money not exceeding such amount (taking

account of any repayments made by the permitted participant) as

is specified in or determined in accordance with the agreement.

5

     (12)  

An agreement or arrangement is not a regulated transaction—

(a)   

to the extent that a payment made in pursuance of the

agreement or arrangement falls, by virtue of paragraph 9

of Schedule 15, to be included in a return under section

120, or

10

(b)   

if its value is not more than £500.

Valuation of regulated transaction

3     (1)  

The value of a regulated transaction which is a loan is the value of

the total amount to be lent under the loan agreement.

      (2)  

The value of a regulated transaction which is a credit facility is the

15

maximum amount which may be borrowed under the agreement

for the facility.

      (3)  

The value of a regulated transaction which is an arrangement by

which any form of security is given is the contingent liability

under the security provided.

20

      (4)  

For the purposes of sub-paragraphs (1) and (2), no account is to be

taken of the effect of any provision contained in a loan agreement

or an agreement for a credit facility at the time it is entered into

which enables outstanding interest to be added to any sum for the

time being owed in respect of the loan or credit facility, whether or

25

not any such interest has been so added.

Part 2

Controls on regulated transactions

Authorised participants

4     (1)  

A permitted participant must not—

30

(a)   

be a party to a regulated transaction to which any of the

other parties is not an authorised participant;

(b)   

derive a benefit in consequence of a connected transaction

if any of the parties to that transaction is not an authorised

participant.

35

      (2)  

In this Schedule, an authorised participant is a person who is a

permissible donor falling within section 54(2).

Regulated transaction involving unauthorised participant

5     (1)  

This paragraph applies if a permitted participant is a party to a

regulated transaction to which another party is not an authorised

40

participant.

      (2)  

The transaction is void.

 
 

 
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