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 10 — The alternative vote system: further amendments
Part 2 — Amendments of other provisions of the 1983 Act
298

(b)
in paragraph 2(b), for the words “the vertical rules separating those
particulars from the numbers on the left-hand side and the spaces on
the right” there is substituted “the vertical rule separating those
particulars from the spaces on the right”.
      (4)
In the Guidance for Voters—
5
(a)
for paragraph 1 there is substituted—

“1
When you are given a ballot paper go to one of the compartments.

Put the number 1 on the ballot paper in the box to the right of the

name of the candidate who is your first choice (or your only

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

10

You can also put the number 2 in the box to the right of the name

of the candidate who is your second choice, the number 3 in the

box to the right of the name of the candidate who is your third

choice, and so on.

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

15

candidates) as you wish.

Do not use the same number more than once.”

(b)
in paragraph 2, the words “Vote for one candidate only.” are
repealed.
Part 2
20
Amendments of other provisions of the 1983 Act
13
The 1983 Act is amended as follows.
14    (1)
In section 66 (requirement of secrecy), in subsection (2)(b), for “the candidate
for whom any vote is given on any particular ballot paper” there is
substituted “how any particular ballot paper has been marked”.
25
      (2)
In subsection (3)(b) and (c) of that section, for “the candidate for whom”
there is substituted “how”.
      (3)
In subsection (3)(d) of that section, for “the name of the candidate for whom
he has or has not” there is substituted “how he has”.
      (4)
In subsection (4)(d) of that section, for “the candidate for whom any vote is
30
given on any particular ballot paper” there is substituted “how any
particular ballot paper has been marked”.
      (5)
In subsection (5) of that section, for “the candidate for whom” there is
substituted “how”.
      (6)
Subsections (7) and (8) of that section are repealed.
35
      (7)
The amendments made by this paragraph do not apply to a local
government election (within the meaning given by section 204(1) of the 1983
Act) in Scotland.
15
In section 113 (bribery), in subsection (7)—
(a)
for “this section the expression” there is substituted “this section—
40
(a)
the expression”;

Parliamentary Voting System and Constituencies Bill
Schedule 10 — The alternative vote system: further amendments
Part 2 — Amendments of other provisions of the 1983 Act
299

(b)
at the end there is inserted—
“(b)
a reference to voting or refraining from voting, in the
case of a parliamentary election, includes a reference
to marking or refraining from marking preferences on
the ballot paper;
5
(c)
a reference to the vote of any voter, in the case of a
parliamentary election, includes a reference to the
marking of a voter’s preferences on the ballot paper.”
16
In section 114 (treating), at the end there is inserted—
“(4)
Subsection (7)(b) of section 113 above has effect for the purposes of
10
this section as it has effect for the purposes of that one.”
17
In section 115 (undue influence), at the end there is inserted—
“(3)
Subsection (7)(b) of section 113 above has effect for the purposes of
this section as it has effect for the purposes of that one.”
18    (1)
In section 117 (savings as to parliamentary elections), in subsection (2)(b), for
15
“to record his vote for any particular candidate” there is substituted “to vote
in any particular way”.
      (2)
In subsection (2)(c) of that section, for “recording his vote for any particular
candidate” there is substituted “voting in any particular way”.
19    (1)
In section 139 (trial of election petition), in subsection (6) the words “the
20
parliamentary elections rules or”, in both places, are repealed.
      (2)
After that subsection there is inserted—
“(6A)
If the petition relates to an election conducted under the
parliamentary elections rules and it appears that there is an equality
of votes between any candidates (a “tie”)—
25
(a)
rule 49, 49A or 62 of those rules (whichever is relevant) shall
apply for the purposes of the petition;
(b)
where under rule 49 or 49A the tie falls to be resolved by lot—
(i)
any decision made by lot by the returning officer
under that rule shall, in so far as it resolves the tie, be
30
effective also for the purposes of the petition, and
(ii)
in so far as the tie is not resolved by such a decision,
the court shall resolve it by lot.”
20
In section 165 (avoidance of election for employing corrupt agent), after
subsection (3) there is inserted—
35
“(3A)
In the case of a parliamentary election—
(a)
a vote shall be deemed in accordance with subsection (3)
above to be thrown away only to the extent that it indicates a
preference (whether a first preference or any other) for the
person who was under the incapacity, and
40
(b)
any number on the voter’s ballot paper indicating a
subsequent preference shall be treated as reduced by one.”
21
In section 166 (votes to be struck off for corrupt or illegal practices), in
subsection (1), for the words from “election there shall” to the end there is

Parliamentary Voting System and Constituencies Bill
Schedule 11 — Repeals
Part 1 — Voting system for parliamentary elections
300

substituted “election, then on a scrutiny—
(a)
there shall be disregarded any preference for the candidate
(whether a first preference or any other) indicated by a voter
who is proved to have been so bribed, treated or unduly
influenced, and
5
(b)
any number on the voter’s ballot paper indicating a
subsequent preference shall be treated as reduced by one.”
22
In section 199B (translations etc of certain documents), in subsection (6), for
the words “in the case of a parliamentary election or” in paragraph (a) there
is substituted—
10

“in the case of a parliamentary election, must have printed
the following words both at the top and immediately below
the list of candidates:

“Put the number 1 next to the name of the candidate

who is your first choice (or your only choice, if you

15

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.

20

Do not use the same number more than once.”,

(aa)
in the case of”.
Part 3
Amendments of other enactments
Political Parties, Elections and Referendums Act 2000
25
23
In section 3A of the 2000 Act (four Electoral Commissioners to be persons
put forward by parties), in subsection (7), for “votes cast for” there is
substituted “first-preference votes obtained by”.
Schedule 11
Section 15

Repeals
30
Part 1
Voting system for parliamentary elections

Short title and chapter
Extent of repeal

Representation of the People
Section 66(7) and (8).

Act 1983
In section 139(6), the words “the parliamentary

35

elections rules or” in both places.

Parliamentary Voting System and Constituencies Bill
Schedule 11 — Repeals
Part 2 — Parliamentary constituencies
301

Short title and chapter
Extent of repeal

Representation of the People
In Schedule 1, in the Appendix of forms—

Act 1983—cont.
(a)
in the Form of Front of Ballot Paper, the

numbers on the left-hand side, and the

vertical rule separating them from the

5

particulars of the candidates;

(b)
in paragraph 2 of the Guidance for

Voters, the words “Vote for one

candidate only.”

Representation of the People
Section 13(b).

10

Act 1985

Greater London Authority Act
In Schedule 3, paragraph 11.

1999

Part 2
Parliamentary constituencies
15

Short title and chapter
Extent of repeal

Parliamentary Constituencies
In section 3—

Act 1986
(a)
in subsection (1)(b), the words “(read

with paragraph 7)”;

(b)
subsection (3);

20

(c)
in subsection (6), the words “and related

provisions”;

(d)
subsections (7) and (8).

Section 6.

Section 8(3).

25

Boundary Commissions Act
Section 2(3).

1992
Section 3.

Scotland Act 1998
Section 86.

Local Government (Wales) Act
In Schedule 2, paragraph 13.

1994
In Schedule 16, paragraph 80.

30

Local  Government  etc.
In Schedule 13, paragraph 150.

(Scotland) Act 1994

Government of Wales Act 2006
Section 2(5) and (6).

In section 159, in the entry for “Assembly

electoral region”, the words “and Schedule 1”.

35

Schedule 1.

In Schedule 11, paragraph 1.