Parliamentary Voting System and Constituencies Bill

House of Lords

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Parliamentary Voting System and Constituencies Bill

Parliamentary Voting System and Constituencies Bill
Schedule 9 — Control of loans etc to permitted participants — Introductory
291

Part 4
Supplemental
Non-disclosure with intent to conceal
16    (1)
This paragraph applies where, on an application made by the
Commission, the court is satisfied that any failure to comply with
5
a requirement of Part 3 of this Schedule in relation to—
(a)
any transaction entered into by the permitted participant,
or
(b)
any change made to a transaction to which the permitted
participant is a party,
10

was attributable to an intention on the part of any person to
conceal the existence or true value of the transaction.
      (2)
The court may make such order as it thinks fit to restore (so far as
is possible) the parties to the transaction to the position they
would have been in if the transaction had not been entered into.
15
      (3)
An order under this paragraph may in particular—
(a)
where the transaction is a loan or credit facility, require
that any amount owed by the permitted participant be
repaid (and that no further sums be advanced under it);
(b)
where any form of security is given for a sum owed under
20
the transaction, or the transaction is an arrangement by
which any form of security is given, require that the
security be discharged.
Proceedings under paragraphs 5 and 16
17    (1)
This paragraph has effect in relation to proceedings on an
25
application under paragraph 5(4) or 16.
      (2)
The court is—
(a)
in England and Wales, the county court;
(b)
in Northern Ireland, the county court.

In Scotland, the court is the sheriff and the proceedings are civil
30
proceedings.
      (3)
The standard of proof is that applicable to civil proceedings.
      (4)
An order may be made whether or not proceedings are brought
against any person for an offence under paragraph 8 or section
123.
35
      (5)
An appeal against an order made by the sheriff may be made to
the Court of Session.
      (6)
Rules of court in any part of the United Kingdom may make
provision—
(a)
with respect to applications or appeals from proceedings
40
on such applications;
(b)
for the giving of notice of such applications or appeals to
persons affected;

Parliamentary Voting System and Constituencies Bill
Schedule 10 — The alternative vote system: further amendments
Part 1 — Amendments of the parliamentary elections rules
292

(c)
for the joinder, or in Scotland sisting, of such persons as
parties;
(d)
generally with respect to procedure in such applications or
appeals.
      (7)
Sub-paragraph (6) does not affect any existing power to make
5
rules.
Interpretation
18    (1)
In this Schedule—
“authorised participant” is to be construed in accordance
with paragraph 4 (and see paragraph 1(5));
10
“connected transaction” has the meaning given by paragraph
2(9);
“credit facility” has the meaning given by paragraph 2(11);
“permitted participant” is to be construed in accordance with
paragraph 1;
15
“regulated transaction” is to be construed in accordance with
paragraph 2.
      (2)
For the purposes of any provision relating to the reporting of
transactions, anything required to be done by a permitted
participant in consequence of its being a party to a regulated
20
transaction must also be done by it, if it is a party to a transaction
of a description mentioned in paragraph 2(3)(a), as if it were a
party to the connected transaction.”
Schedule 10
Section 9

The alternative vote system: further amendments
25
Part 1
Amendments of the parliamentary elections rules
1
Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as
follows.
2
For rule 18 (poll to be taken by ballot) there is substituted—
30
“18
The votes at the poll shall be given by ballot in accordance with
rule 37A below, the result shall be ascertained in accordance with
rule 45A below and the successful candidate shall be declared to
have been elected.”
3
In rule 29 (equipment of polling stations), in paragraph (5), for the words
35
after “the notice” there is substituted—

“Remember—use 1, 2, 3 etc at this election—this is an election using the

alternative vote system.

Parliamentary Voting System and Constituencies Bill
Schedule 10 — The alternative vote system: further amendments
Part 1 — Amendments of the parliamentary elections rules
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Put the number 1 next to the name of the candidate who is your first

choice (or your only choice, if you want to vote for only one candidate).

You can also put the number 2 next to your second choice, 3 next to

your third choice, and so on.

You can mark as few or as many choices (up to the number of

5

candidates) as you wish.

Do not use the same number more than once.

Put no other mark on the ballot paper, or your vote may not be

counted.”

4
In rule 44 (attendance at counting of votes), in paragraph (5), for “the
10
candidate for whom the vote is given” there is substituted “the candidates to
whom votes are allocated under rule 45A below”.
5     (1)
In rule 46 (re-count), for paragraph (1) there is substituted—
    “(1)
At the time when any stage of the counting or re-counting of the
votes is completed, a candidate or candidate’s election agent who
15
is then present may request the returning officer to have the votes
re-counted or again re-counted in respect of any or all of the stages
so far completed.
     (1A)
The returning officer may refuse to comply with a request under
paragraph (1) above if in the officer’s opinion it is unreasonable.”
20
      (2)
In paragraph (2) of that rule, after “on the completion of” there is inserted
“any stage of”.
      (3)
After that paragraph there is inserted—
    “(3)
At any time before the declaration of the result, the returning
officer may, if the officer thinks fit, have the votes re-counted or
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again re-counted in respect of any or all of the stages.”
6     (1)
In rule 47 (rejected ballot papers), in the heading there is inserted at the end
“and invalid markings”.
      (2)
In paragraph (1) of that rule—
(a)
for sub-paragraph (b) there is substituted—
30
“(aa)
on which the number 1 has not been marked
against the name of any of the candidates, or
(b)
on which the number 1 has been marked against
the name of more than one candidate, or”,
(b)
in sub-paragraph (d), for “void for uncertainty” there is substituted
35
“is marked in a way that does not indicate a clear choice as to the
voter’s first (or only) preference”;
(c)
for the words after that sub-paragraph there is substituted “shall,
subject to the following provisions, be rejected as void and not
counted at any stage.”
40
      (3)
For paragraph (2) of that rule there is substituted—
    “(2)
A ballot paper on which a number is marked elsewhere than in a
proper place shall not be deemed to be void for that reason alone.

Parliamentary Voting System and Constituencies Bill
Schedule 10 — The alternative vote system: further amendments
Part 1 — Amendments of the parliamentary elections rules
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     (2A)
If a ballot paper is marked with the same number (other than the
number 1) against the name of more than one candidate, that
number (each time it appears) and any numbers after the repeated
numbers shall be ignored for the purposes of rule 45A above.
     (2B)
If—
5
(a)
one or more preferences are validly marked on a ballot
paper, and
(b)
other marks are made on the paper which do not indicate
a clear intention as to the voter’s next preference,

those other marks shall be ignored for the purposes of rule 45A
10
above.
     (2C)
A ballot paper on which the voter makes any mark which—
(a)
is clearly intended to indicate a particular preference for a
particular candidate, but
(b)
is not a number (or is a number written otherwise than as
15
an arabic numeral),

shall be treated in the same way as if the appropriate number
(written as an arabic numeral) had been marked instead.
     (2D)
In paragraph (2C) above a reference to a mark includes a reference
to more than one mark.
20
     (2E)
Paragraphs (2B) and (2C) above apply only if the way the paper is
marked does not itself identify the voter and it is not shown that
the voter can be identified by it.”
      (4)
After paragraph (3) of that rule there is inserted—
   “(3A)
Where—
25
(a)
any mark on a ballot paper is ignored by reason of
paragraph (2A) or (2B) above, and
(b)
the vote in question is not reallocated in accordance with
rule 45A above, but would have been if the mark had been
treated as indicating a preference for a remaining
30
candidate,

the returning officer shall endorse the ballot paper in question
with the words “not reallocated” and an indication of the stage at
which the mark was ignored.
     (3B)
Where the returning officer endorses a ballot paper as mentioned
35
in paragraph (3A), the officer shall add to the endorsement the
words “decision objected to” if an objection is made by a counting
agent to the decision.”
      (5)
In paragraph (4) of that rule—
(a)
for sub-paragraph (b) there is substituted—
40
“(aa)
not marking the number 1 against the name of any
of the candidates;
(b)
marking the number 1 against the name of more
than one candidate;”;

Parliamentary Voting System and Constituencies Bill
Schedule 10 — The alternative vote system: further amendments
Part 1 — Amendments of the parliamentary elections rules
295

(b)
for sub-paragraph (d) there is substituted—
“(d)
unmarked or marked in a way that does not
indicate a clear choice as to the voter’s first (or
only) preference.”
7
For rule 49 (equality of votes), and the heading, there is substituted—
5
“Equality of votes: which candidate to be eliminated
49    (1)
This rule applies to determine which candidate is eliminated
under rule 45A(3) above in a case where—
(a)
there are two or more candidates with fewer votes than the
others but an equal number to each other, or
10
(b)
there are three or more candidates, or remaining
candidates, and they all have an equal number of votes to
each other.

The candidates with an equal number of votes to each other are
referred to in this rule as “the tied candidates”.
15
      (2)
The candidate to be eliminated where there has been a previous
elimination is—
(a)
whichever of the tied candidates was allocated the fewer
or fewest votes in accordance with voters’ first
preferences, or
20
(b)
if that fails to resolve the tie, whichever of them had the
fewer or fewest votes after the next stage of counting (if
any),

and so on.
      (3)
Where there has been no previous elimination, or where there has
25
been a previous elimination but the tie is not resolved under
paragraph (2) above, the returning officer shall forthwith decide
by lot which of the tied candidates is to be eliminated.
Equality of votes: which candidate to be elected
49A   (1)
This rule applies to determine which candidate is elected under
30
rule 45A above—
(a)
in a case where there are only two remaining candidates
and they have an equal number of votes, or
(b)
in the case of an election with only two candidates who
receive an equal number of votes.
35
      (2)
Where paragraph (1)(a) applies, the candidate to be elected is—
(a)
whichever of the remaining candidates was allocated the
more votes in accordance with voter’s first preferences, or
(b)
if that fails to resolve the tie, whichever of them had the
more votes after the next stage of counting (if any),
40

and so on.
      (3)
Where paragraph (1)(a) above applies but the tie is not resolved
under paragraph (2) above, or where paragraph (1)(b) above
applies, the returning officer shall forthwith decide by lot which of
the two candidates is to be elected.”
45

Parliamentary Voting System and Constituencies Bill
Schedule 10 — The alternative vote system: further amendments
Part 1 — Amendments of the parliamentary elections rules
296

8
In rule 50 (declaration of result), in paragraph (1), for sub-paragraphs (a) to
(c) there is substituted—
“(a)
declare the number of votes obtained by each candidate
(including any reallocated in accordance with rule 45A
above), starting with the candidate with the fewest and
5
proceeding in order to the candidate with the most;
(aa)
declare which is the candidate who (in accordance with
that rule) is elected;
(ab)
declare the stage at which each eliminated candidate was
eliminated and the stage at which the elected candidate
10
was elected;
(b)
return the name of the elected candidate to the Clerk of the
Crown;
(c)
give public notice of the name of the elected candidate, the
number of rejected ballot papers under each head shown
15
in the statement of rejected ballot papers, the number of
votes allocated to each candidate in accordance with
voters’ first preferences, and for each subsequent stage of
counting—
(i)
the name of the eliminated candidate,
20
(ii)
the number of votes reallocated to each of the
remaining candidates, and
(iii)
the number of votes of the candidate eliminated at
the previous stage that were not reallocated.”
9
In rule 53 (return or forfeiture of candidate’s deposit), in paragraph (4), for
25
the words after “is completed,” there is substituted “the number of first-
preference votes obtained by the candidate is found to be not more than one-
twentieth of the total number of first-preference votes obtained by all the
candidates.”
10    (1)
In rule 61 (deceased independent candidate wins), in paragraph (1), for “the
30
majority of votes is given to the deceased candidate” there is substituted “the
deceased candidate would have been elected (in accordance with rule 45A
above) had he not died”.
      (2)
In paragraph (2) of that rule, for sub-paragraph (a) there is substituted—
“(a)
declare the number of votes obtained by each candidate
35
(including any reallocated in accordance with rule 45A
above), starting with the candidate with the fewest and
proceeding in order to the candidate with the most,
(aa)
declare that the deceased candidate would have been
elected had he not died,”.
40
      (3)
For sub-paragraph (c) of that paragraph there is substituted—
“(c)
give public notice of the number of rejected ballot papers
under each head shown in the statement of rejected ballot
papers, the number of votes allocated to each candidate in
accordance with voters’ first preferences, and for each
45
subsequent stage of counting—
(i)
the name of the candidate eliminated,
(ii)
the number of votes reallocated to each of the
remaining candidates, and

Parliamentary Voting System and Constituencies Bill
Schedule 10 — The alternative vote system: further amendments
Part 1 — Amendments of the parliamentary elections rules
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(iii)
the number of votes of the candidate eliminated at
the previous stage that were not reallocated.”
11    (1)
For rule 62 (deceased independent candidate with equality of votes) there is
substituted—
“62   (1)
This rule applies in relation to an election mentioned in rule 60(1)
5
above.
      (2)
The reference in rule 45A(3) above to the candidate with the fewest
votes, in a case where—
(a)
there are—
(i)
two or more candidates with fewer votes than the
10
others but an equal number to each other, or
(ii)
three or more candidates, or remaining candidates,
all with the same number of votes,

and
(b)
one of them is a deceased candidate,
15

shall be taken as a reference to the deceased candidate.
      (3)
The reference in rule 45A(4) or (5) above to the candidate with
more votes than the other remaining candidates put together, in a
case where—
(a)
there are only two remaining candidates,
20
(b)
those two candidates have an equal number of votes, and
(c)
one of them is a deceased candidate,

shall be taken as a reference to the candidate other than the
deceased candidate.
      (4)
Where paragraph (2) or (3) above applies, it applies in place of rule
25
49 or 49A above.”
12    (1)
The Appendix of forms is amended as follows.
      (2)
In the Form of Front of Ballot Paper—
(a)
for “VOTE FOR ONE CANDIDATE ONLY” there is substituted—

“Put the number 1 next to the name of the candidate who is your first

30

choice (or your only choice, if you want to vote for only one candidate).

You can also put the number 2 next to your second choice, 3 next to

your third choice, and so on.

You can mark as few or as many choices (up to the number of

candidates) as you wish.

35

Do not use the same number more than once.”

(b)
the numbers on the left-hand side are omitted, together with the
vertical rule separating them from the particulars of the candidates.
      (3)
In the directions as to printing the ballot paper—
(a)
in paragraph 2(a), for “the direction to vote for one candidate only”
40
there is substituted “the directions beginning “Put the number 1 next
to the name of the candidate who is your first choice” and ending
“Do not use the same number more than once.””;