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Parliamentary Voting System and Constituencies Bill


Parliamentary Voting System and Constituencies Bill
Part 1 — Voting system for parliamentary elections

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Result of the referendum

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Commencement or repeal of amending provisions

(1)   

The Minister must make an order bringing into force section 9, Schedule 10 and

Part 1 of Schedule 11 (“the alternative vote provisions”) if—

(a)   

more votes are cast in the referendum in favour of the answer “Yes”

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than in favour of the answer “No”, and

(b)   

the draft of an Order in Council laid before Parliament under

subsection (5A) of section 3 of the Parliamentary Constituencies Act

1986 (substituted by section 10(6) below) has been submitted to Her

Majesty in Council under section 4 of that Act.

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(2)   

If more votes are not cast in the referendum in favour of the answer “Yes” than

in favour of the answer “No”, the Minister must make an order repealing the

alternative vote provisions.

(3)   

An order under subsection (1) must bring the alternative vote provisions into

force on the same day as the coming into force of the Order in Council in terms

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of the draft referred to in paragraph (b) of that subsection.

(4)   

An order under subsection (1) may make transitional or saving provision.

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The alternative vote system: amendments

(1)   

In Schedule 1 to the 1983 Act (parliamentary elections rules), after rule 37 there

is inserted—

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“How votes are to be given

37A   (1)  

A voter votes by marking the ballot paper with—

(a)   

the number 1 opposite the name of the candidate who is the

voter’s first preference (or, as the case may be, the only

candidate for whom the voter wishes to vote),

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(b)   

if the voter wishes, the number 2 opposite the name of the

candidate who is the voter’s second preference,

           

and so on.

      (2)  

The voter may mark as many preferences (up to the number of

candidates) as the voter wishes.”

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(2)   

After rule 45 in that Schedule there is inserted—

“How votes are to be counted

45A   (1)  

This rule sets out how votes are to be counted, in one or more stages

of counting, in order to give effect to the preferences marked by

voters on their ballot papers and so to determine which candidate is

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elected.

      (2)  

Votes shall be allocated to candidates in accordance with voters’ first

preferences and, if one candidate has more votes than the other

candidates put together, that candidate is elected.

      (3)  

If not, the candidate with the fewest votes is eliminated and that

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candidate’s votes shall be dealt with as follows—

 
 

Parliamentary Voting System and Constituencies Bill
Part 1 — Voting system for parliamentary elections

7

 

(a)   

each vote cast by a voter who also ranked one or more of the

remaining candidates shall be reallocated to that remaining

candidate or (as the case may be) to the one that the voter

ranked highest;

(b)   

any votes not reallocated shall play no further part in the

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counting.

      (4)  

If after that stage of counting one candidate has more votes than the

other remaining candidates put together, that candidate is elected.

      (5)  

If not, the process mentioned in paragraph (3) above shall be

repeated as many times as necessary until one candidate has more

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votes than the other remaining candidates put together, and so is

elected.

Information to be given by returning officer after each stage of counting

45B   (1)  

If no candidate is elected (as mentioned in rule 45A(2)) at the first

stage of counting, the returning officer shall, immediately after that

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stage, record and make publicly available the following

information—

(a)   

the number of first-preference votes obtained by each

candidate;

(b)   

which candidate was eliminated;

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(c)   

the number of rejected ballot papers.

      (2)  

Immediately after each subsequent stage of counting, except the final

stage (on completion of which the requirements in rule 50 apply), the

returning officer shall record and make publicly available the

following information—

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(a)   

the number of votes obtained by each candidate at that stage

(including any reallocated in accordance with rule 45A);

(b)   

which candidate was eliminated at that stage;

(c)   

the number of votes of the candidate eliminated at the

previous stage that were not reallocated.”

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(3)   

Schedule 10 makes further amendments to the parliamentary elections rules,

and other legislation, in connection with the alternative vote system.

(4)   

The Minister may by order make any amendments to primary or secondary

legislation (whenever passed or made) that are consequential on amendments

made by this section or Schedule 10.

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(5)   

In subsection (4) “primary or secondary legislation” means any provision of, or

made under, any Act.

(6)   

An order under subsection (4) may include transitional or saving provision.

(7)   

An order under subsection (4) may not be made unless a draft of the order has

been laid before, and approved by a resolution of, each House of Parliament.

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(8)   

Before making an order under subsection (4) the Minister must consult the

Electoral Commission.

 
 

Parliamentary Voting System and Constituencies Bill
Part 2 — Parliamentary constituencies

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Part 2

Parliamentary constituencies

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Reports of the Boundary Commissions

(1)   

In the Parliamentary Constituencies Act 1986 (“the 1986 Act”) section 3 (reports

of the Boundary Commissions) is amended as set out in subsections (2) to (7).

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(2)   

In subsection (1)—

(a)   

in paragraph (a), for “paragraphs 1 to 6 of Schedule 2 to this Act (read

with paragraph 7 of that Schedule)” there is substituted “Schedule 2 to

this Act”;

(b)   

in paragraph (b), the words “(read with paragraph 7)” are repealed.

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(3)   

For subsection (2) there is substituted—

“(2)   

A Boundary Commission shall submit reports under subsection (1)

above periodically—

(a)   

before 1st October 2013, and

(b)   

before 1st October of every fifth year after that.”

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(4)   

After subsection (2A) there is inserted—

“(2B)   

In relation to any report which a Boundary Commission are required

by subsection (2) above to submit before a particular date but have not

yet submitted (a “pending boundary report”), the Commission shall

submit to the Speaker of the House of Commons—

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(a)   

during the January that begins one year and nine months before

that date, and

(b)   

during each subsequent January,

   

a report setting out what progress they have made with the preparation

of the pending boundary report, with particular reference to the

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requirement in subsection (2) above.

(2C)   

On receiving a report under subsection (2B) above, the Speaker shall lay

it before Parliament.”

(5)   

Subsection (3) is repealed.

(6)   

For subsection (5) there is substituted—

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“(5)   

As soon as may be after the submission of a report under subsection (1)

above, the Secretary of State shall lay the report before Parliament.

(5A)   

As soon as may be after the submission of all four reports under

subsection (1) above that are required by subsection (2) above to be

submitted before a particular date, the Secretary of State shall lay before

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Parliament the draft of an Order in Council for giving effect, with or

without modifications, to the recommendations contained in them.

(5B)   

Any such draft giving effect to recommendations contained in the

report of a particular Boundary Commission may do so with

modifications only if that Commission has requested the modifications

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and submitted to the Secretary of State a statement of the reasons for the

modifications.

 
 

Parliamentary Voting System and Constituencies Bill
Part 2 — Parliamentary constituencies

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(5C)   

Subsection (5A) above does not apply where each of the reports states

that no alteration is required to be made in respect of the part of the

United Kingdom with which the Commission in question are

concerned.”

(7)   

Subsections (7) and (8) are repealed.

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(8)   

In section 4(2) of the 1986 Act (Orders in Council), at the end there is inserted

“submitted under section 3(5B) above”.

(9)   

In Article 3 of the Lord President of the Council Order 2010 (S.I. 2010/1837)

(which makes certain functions of the Secretary of State exercisable

concurrently with the Lord President) the reference in paragraph (1) to the

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Parliamentary Constituencies Act 1986 is to be read as a reference to that Act

as amended by this section.

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Number and distribution of seats

(1)   

For Schedule 2 to the 1986 Act there is substituted—

“Schedule 2

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Section 3

 

            Rules for distribution of seats

Number of constituencies

1          

The number of constituencies in the United Kingdom shall be 600.

Electorate per constituency

2     (1)  

The electorate of any constituency shall be—

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(a)   

no less than 95% of the United Kingdom electoral quota, and

(b)   

no more than 105% of that quota.

      (2)  

This rule is subject to rules 4(2), 6(2) and 7.

      (3)  

In this Schedule the “United Kingdom electoral quota” means—

U

598
where U is the electorate of the United Kingdom minus the electorate

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of the constituencies mentioned in rule 6.

Allocation of constituencies to parts of the United Kingdom

3     (1)  

Each constituency shall be wholly in one of the four parts of the

United Kingdom (England, Wales, Scotland and Northern Ireland).

      (2)  

The number of constituencies in each part of the United Kingdom

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shall be determined in accordance with the allocation method set out

in rule 8.

Area of constituencies

4     (1)  

A constituency shall not have an area of more than 13,000 square

kilometres.

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Parliamentary Voting System and Constituencies Bill
Part 2 — Parliamentary constituencies

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      (2)  

A constituency does not have to comply with rule 2(1)(a) if—

(a)   

it has an area of more than 12,000 square kilometres, and

(b)   

the Boundary Commission concerned are satisfied that it is

not reasonably possible for the constituency to comply with

that rule.

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Factors

5     (1)  

A Boundary Commission may take into account, if and to such extent

as they think fit—

(a)   

special geographical considerations, including in particular

the size, shape and accessibility of a constituency;

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(b)   

local government boundaries as they exist on the most recent

ordinary council-election day before the review date;

(c)   

any local ties that would be broken by changes in

constituencies;

(d)   

the inconveniences attendant on such changes.

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      (2)  

The Boundary Commission for England may take into account, if

and to such extent as they think fit, boundaries of the electoral

regions specified in Schedule 1 to the European Parliamentary

Elections Act 2002 (ignoring paragraph 2(2) of that Schedule and the

references to Gibraltar) as it has effect on the most recent ordinary

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council-election day before the review date.

      (3)  

This rule has effect subject to rules 2 and 4.

Preserved constituencies

6     (1)  

There shall continue to be—

(a)   

a constituency named Orkney and Shetland, comprising the

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areas of the Orkney Islands Council and the Shetland Islands

Council;

(b)   

a constituency named Na h-Eileanan an Iar, comprising the

area of Comhairle nan Eilean Siar.

      (2)  

Rule 2 does not apply to these constituencies.

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Northern Ireland

7     (1)  

In relation to Northern Ireland, sub-paragraph (2) below applies in

place of rule 2 where—

(a)   

the difference between—

(i)   

the electorate of Northern Ireland, and

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(ii)   

the United Kingdom electoral quota multiplied by the

number of seats in Northern Ireland (determined

under rule 8),

   

exceeds one third of the United Kingdom electoral quota, and

(b)   

the Boundary Commission for Northern Ireland consider

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that having to apply rule 2 would unreasonably impair—

(i)   

their ability to take into account the factors set out in

rule 5(1), or

(ii)   

their ability to comply with section 3(2) of this Act.

 
 

Parliamentary Voting System and Constituencies Bill
Part 2 — Parliamentary constituencies

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      (2)  

The electorate of any constituency shall be—

(a)   

no less than whichever is the lesser of—

N - A
and 95% of the United Kingdom electoral quota, and

(b)   

no more than whichever is the greater of—

N + A
and 105% of the United Kingdom electoral quota,

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where—

N is the electorate of Northern Ireland divided by the number

of seats in Northern Ireland (determined under rule 8), and

A is 5% of the United Kingdom electoral quota.

The allocation method

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8     (1)  

The allocation method referred to in rule 3(2) is as follows.

      (2)  

The first constituency shall be allocated to the part of the United

Kingdom with the greatest electorate.

      (3)  

The second and subsequent constituencies shall be allocated
in the same way, except that the electorate of a part of the United Kingdom
to which one or more constituencies have already been allocated is to
be divided by --

2C + 1
where C is the number of constituencies already allocated to that

part.

      (4)  

This rule does not apply to the constituencies mentioned in rule 6,

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and accordingly the electorate of Scotland shall be treated for the

purposes of this rule as reduced by the electorate of those

constituencies.

Interpretation

9     (1)  

This rule has effect for the purposes of this Schedule.

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      (2)  

The “electorate” of the United Kingdom, or of a part of the United

Kingdom or a constituency, is the total number of persons whose

names appear on the relevant version of a register of parliamentary

electors in respect of addresses in the United Kingdom, or in that part

or that constituency.

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For this purpose the relevant version of a register is the version that

is required by virtue of subsection (1) of section 13 of the

Representation of the People Act 1983 to be published no later than

the review date, or would be so required but for—

(a)   

any power under that section to prescribe a later date, or

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(b)   

subsection (1A) of that section.

      (3)  

“Local government boundaries” are—

(a)   

in England, the boundaries of—

(i)   

each county for which there is a county council,

(ii)   

each district that is not in such a county, and

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Parliamentary Voting System and Constituencies Bill
Part 2 — Parliamentary constituencies

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(iii)   

each London borough,

(b)   

in Wales, the boundaries of counties and county boroughs,

(c)   

in Scotland, the boundaries of the areas of councils

constituted under section 2 of the Local Government etc.

(Scotland) Act 1994, and

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(d)   

in Northern Ireland, the boundaries of wards.

      (4)  

“Ordinary council-election day” is—

(a)   

in relation to England and Wales, the ordinary day of election

of councillors for local government areas;

(b)   

in relation to Scotland, the day on which the poll is held at

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ordinary elections of councillors for local government areas;

(c)   

in relation to Northern Ireland, the day of an election for any

district council (other than an election to fill a casual

vacancy).

      (5)  

The “review date”, in relation to a report under section 3(1) of this

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Act that a Boundary Commission is required (by section 3(2)) to

submit before a particular date, is two years and ten months before

that date.

      (6)  

“The United Kingdom electoral quota” has the meaning given by

rule 2(3).

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      (7)  

A reference in rule 6 to an area is to the area as it existed on the

coming into force of Part 2 of the Parliamentary Voting System and

Constituencies Act 2010.”

(2)   

In the Schedule substituted by subsection (1), rule 5(1)(d) does not apply in

relation to a report under section 3(1) of the 1986 Act that a Boundary

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Commission is required, by subsection (2) of section 3 of that Act as substituted

by section 10(3) above, to submit before 1 October 2013.

(3)   

In Part 4 of Schedule 1 to the House of Commons Disqualification Act 1975

(offices disqualifying for particular constituencies)—

(a)   

in the entry for Member of Her Majesty’s Commission of Lieutenancy

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for the City of London, for “The constituency comprising the whole of”

there is substituted “Any constituency comprising the whole or part

of”;

(b)   

in the entry for Governor of the Isle of Wight, for “The Isle of Wight”

there is substituted “Any constituency comprising the whole or part of

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the Isle of Wight”.

(4)   

In section 8 of the Representation of the People Act 1983 (registration officers),

for paragraph (b) of subsection (2) there is substituted—

“(b)   

in relation to any constituency part of which consists of some or

all of the area of the City and the Inner and Middle Temples, the

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Common Council shall appoint an officer to be registration

officer for that part of the constituency.”

 
 

 
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