Parliamentary Voting System and Constituencies Bill

House of Lords

Session 2010 - 11
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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
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(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.”