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 3 — Absent voting in the referendum
Part 2 — Northern Ireland
90

Description of person voting by proxy
Proxy

3
A peer who—
Proxy appointed under

(a)
is for the time being shown in the record
paragraph 3 of Schedule

kept under paragraph 1 of Schedule 2 to
2 to the Local Elections

the Local Elections (Northern Ireland)
(Northern Ireland)

5

Order as voting by proxy,
Order.

(b)
is not for the time being shown in the

record kept under regulation 8 of the

European Parliamentary Elections

(Northern Ireland) Regulations as voting

10

by proxy, or was included in that record

before being included in the record

mentioned in paragraph (a) above, and

(c)
is not within entry 1 of this table or entry

1 or 4 in the table in sub-paragraph (2).

15

4
A peer who—
Proxy appointed under

(a)
is for the time being shown in the record
regulation 10 of the

kept under regulation 8 of the European
European Parliamentary

Parliamentary Elections (Northern
Elections (Northern

20

Ireland) Regulations as voting by proxy,
Ireland) Regulations.

(b)
is not for the time being shown in the

record kept under paragraph 1 of

Schedule 2 to the Local Elections

(Northern Ireland) Order as voting by

25

proxy, or was included in that record

before being included in the record

mentioned in paragraph (a) above, and

(c)
is not within entry 1 in this table or entry

1 or 3 in the table in sub-paragraph (2).

30

Proxies
17    (1)
Subject to what follows, any person is capable of being appointed under this
paragraph to vote as proxy for another (the “principal”) in the referendum.
      (2)
The principal cannot have more than one person at a time appointed as
proxy to vote for him or her in the referendum.
35
      (3)
A person is capable of being appointed to vote as proxy only if—
(a)
the person is not subject to any legal incapacity (age apart) to vote in
the referendum in his or her own right, and
(b)
the person is either a Commonwealth citizen or a citizen of the
Republic of Ireland.
40
      (4)
Where the principal applies to the registration officer for the appointment of
a proxy under this paragraph, the registration officer must make the
appointment if the application meets the requirements prescribed by the
2008 Regulations and the officer is satisfied that the principal is or will be—
(a)
registered in a relevant register, and
45
(b)
entitled to vote by proxy in the referendum by virtue of an
application under paragraph 15(1) or (5)(b),

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 2 — Northern Ireland
91


and that the proxy is capable of being, and willing to be, appointed.
      (5)
The appointment of a proxy under this paragraph is to be made by means of
a proxy paper, in the form set out in Part 3 of this Schedule, issued by the
registration officer.
      (6)
The appointment may be cancelled by the principal by giving notice to the
5
registration officer and also ceases to be in force on the issue of a proxy paper
appointing a different person under this paragraph to vote for the principal
in the referendum.
18    (1)
Subject to what follows, where a relevant proxy appointment is in force, the
person appointed is entitled to vote as proxy for the person for whom the
10
appointment was made (the “principal”).
      (2)
In sub-paragraph (1) “relevant proxy appointment” means—
(a)
in relation to a principal who is included in the list of proxies by
virtue of entry 1 in the table in paragraph 16(3), an appointment
under paragraph 17;
15
(b)
in relation to a principal who is included in the list of proxies by
virtue of entry 2 in that table, an appointment under section 8 of the
1985 Act for parliamentary elections;
(c)
in relation to a principal who is a peer included in the list of proxies
by virtue of entry 3 in that table, an appointment under paragraph 3
20
of Schedule 2 to the Local Elections (Northern Ireland) Order;
(d)
in relation to a principal who is a peer included in the list of proxies
by virtue of entry 4 in that table, an appointment under regulation 10
of the European Parliamentary Elections (Northern Ireland)
Regulations.
25
      (3)
A person is capable of voting as proxy in the referendum only if—
(a)
the person is not subject to any legal incapacity (age apart) to vote in
the referendum in his or her own right, and
(b)
the person is either a Commonwealth citizen or a citizen of the
Republic of Ireland.
30
      (4)
A person is not capable of voting as proxy in the referendum unless on the
date of the poll the person has attained the age of 18.
      (5)
A person is not entitled to vote as proxy in the referendum on behalf of more
than two others of whom that person is not the spouse, civil partner, parent,
grandparent, brother, sister, child or grandchild.
35
Voting as proxy
19    (1)
A person entitled to vote as proxy for another (the “principal”) in the
referendum may do so in person at the polling station allotted to the
principal under the referendum rules unless the proxy is entitled to vote by
post as proxy for the principal in the referendum, in which case the proxy
40
may vote by post.
      (2)
Where a person is entitled to vote by post as proxy for the principal in the
referendum, the elector may not apply for a ballot paper for the purpose of
voting in person in the referendum.

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 2 — Northern Ireland
92

      (3)
For the purposes of this Part of this Schedule and the 1983 Act a person
entitled to vote as proxy for another in the referendum is entitled so to vote
by post if the person is included in the list kept under sub-paragraph (6).
      (4)
Where a person applies to the registration officer to vote by post as proxy in
the referendum the officer must grant the application if—
5
(a)
the officer is satisfied that the principal is or will be registered in a
relevant register,
(b)
the applicant is the subject of a relevant proxy appointment within
the meaning of paragraph 18(2) (and is not included in a record
mentioned in sub-paragraph (5) below),
10
(c)
either—
(i)
the officer is satisfied that the applicant’s circumstances on
the date of the poll will be or are likely to be such that the
applicant cannot reasonably be expected to vote in person at
the polling station allotted or likely to be allotted to the
15
principal under the referendum rules, or
(ii)
the applicant is, or the officer is satisfied that the applicant
will be, included in the absent voters list for the referendum,
(d)
the application specifies an address in the United Kingdom as the
address to which the ballot paper is to be sent, and
20
(e)
the application meets the requirements prescribed by the 2008
Regulations.
      (5)
A person who is the subject of a relevant proxy appointment within the
meaning of paragraph 18(2) and who—
(a)
is included in the record kept under section 9(6) of the 1985 Act
25
(record of proxies who have applied to vote by post) in respect of
parliamentary elections,
(b)
is included in the record kept under paragraph 4(5) of Schedule 2 to
the Local Elections (Northern Ireland) Order (record of proxies who
have applied to vote by post), or
30
(c)
is included in the record kept under regulation 11(5) of the European
Parliamentary Elections (Northern Ireland) Regulations (record of
proxies who have applied to vote by post),

may apply to the registration officer for his or her referendum ballot paper
to be sent to a different address in the United Kingdom from that shown in
35
the record, and the officer must grant the application if it meets the
requirements prescribed by the 2008 Regulations.
      (6)
The registration officer must, in respect of the referendum, keep a special list
(“the proxy postal voters list”) of those within column 2 of the following
table, together with the addresses provided as mentioned in column 3 as the
40
addresses to which their ballot papers are to be sent.

Description of proxy postal voters
Address

1
A proxy whose application under sub-paragraph
Address provided in the

(4) has been granted.
proxy’s application

under sub-paragraph (4).

45

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 2 — Northern Ireland
93

Description of proxy postal voters
Address

2
A proxy who—
Address provided in the

(a)
was appointed as mentioned in column 3
proxy’s application

of entry 2 in the table in paragraph 16(3)
under section 9(4) of the

for a person mentioned in column 2 of
1985 Act or (as the case

5

that entry, and
may be) sub-paragraph

(b)
is for the time being included in the
(5) above.

record kept under section 9(6) of the 1985

Act.

3
A proxy who—
Address provided in the

10

(a)
was appointed as mentioned in column 3
proxy’s application

of entry 3 in the table in paragraph 16(3)
under paragraph 4(4) of

for a peer mentioned in column 2 of that
Schedule 2 to the Local

entry, and
Elections (Northern

(b)
is for the time being included in the
Ireland) Order or (as the

15

record kept under paragraph 4(5) of
case may be) sub-

Schedule 2 to the Local Elections
paragraph (5) above.

(Northern Ireland) Order.

4
A proxy who—
Address provided in the

(a)
was appointed as mentioned in column 3
proxy’s application

20

of entry 4 in the table in paragraph 16(3)
under regulation 11(4) of

for a peer mentioned in column 2 of that
the European

entry, and
Parliamentary Elections

(b)
is for the time being included in the
(Northern Ireland)

record kept under regulation 11(5) of the
Regulations or (as the

25

European Parliamentary Elections
case may be) sub-

(Northern Ireland) Regulations.
paragraph (5) above.

      (7)
Sub-paragraph (2) does not prevent a person, at the polling station allotted
to him or her, marking a tendered ballot paper in pursuance of rule 32 of the
referendum rules.
30
Offences
20    (1)
A person who—
(a)
in any declaration or form used for any of the purposes of this Part
of this Schedule, makes a statement knowing it to be false, or
(b)
attests an application under paragraph 15 knowing—
35
(i)
that he or she is not authorised to do so, or
(ii)
that it contains a statement which is false,

is guilty of an offence and liable on summary conviction to a fine not
exceeding level 5 on the standard scale.
      (2)
A person who provides false information in connection with an application
40
under paragraph 15(1) or 19(4) is guilty of an offence.
      (3)
Subsections (3) to (7) of section 13D of the 1983 Act apply for the purposes of
sub-paragraph (2) as they apply for the purposes of subsection (1A) of that
section.

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 3 — Form of proxy paper
94

Part 3
Form of proxy paper

REFERENDUM ON THE VOTING SYSTEM FOR UNITED KINGDOM

PARLIAMENTARY ELECTIONS

Voting area.............................................

5

Name of proxy.......................................

Address...................................................

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

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

is hereby appointed as proxy for

10

(Name of elector)...................................

[*who is qualified to be registered for

(qualifying address)...............................]

[*who has made an overseas elector’s declaration]

15

Signature..................................................

Electoral Registration Officer

Address......................................................

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

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

20

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

* Delete whichever is inappropriate

YOUR RIGHT TO VOTE AS PROXY

(1) This proxy paper gives you the right to vote as proxy on behalf of the elector

25

whose name is given overleaf. However, you may not vote as proxy in the

referendum for more than two electors of whom you are not the spouse, civil

partner, parent, grandparent, brother, sister, child or grandchild.

(2) Your appointment as proxy is for the purposes of the referendum only.

(3) You may vote as proxy at the polling station allotted to the elector on whose

30

behalf you are appointed. Shortly before polling day you will be sent a proxy

poll card telling you where the polling station is. You do not need to take either

the poll card or this proxy paper to the polling station but you may find it helpful

to do so.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 1 — Representation of the People Act 1983
95

(4) If you cannot vote in person at the polling station, you should consult the

electoral registration officer about your right to vote by post.

Schedule 4
Section 3

Application to the referendum of existing provisions
Part 1
5
Representation of the People Act 1983
1     (1)
The provisions of the 1983 Act listed in the first column of the table apply for
the purposes of the referendum.
      (2)
In their application by virtue of this paragraph, those provisions have
effect—
10
(a)
with the modifications (if any) shown in the second column of the
table, and
(b)
with any other necessary modifications, including in particular those
set out in sub-paragraph (3).
      (3)
Except where the context otherwise requires—
15
(a)
a reference to a provision that is applied by this Schedule has effect
as a reference to that provision as so applied;
(b)
expressions are to be construed in accordance with the definitions in
section 7 of this Act and rule 53 of the referendum rules.
      (4)
The provisions of the 1983 Act that apply for the purposes of the referendum
20
by virtue of this paragraph are in addition to the provisions of that Act that
would apply for those purposes in any event.

Provision
Modification

Section 13C(5) (validity of
For “subsection (4) above and rule 37E(1) in

electoral identity card in
Schedule 1 to this Act” substitute “rule 27 of the

25

Northern Ireland)
referendum rules”.

Section 47 (loan of equipment)
In subsection (1), for “the returning officer at a

local government election” substitute “a counting

officer”.

In subsection (2), for “the returning officer at an

30

election held under those Acts” substitute “a

counting officer”.

Section 49 (effect of registers)
In subsection (4)—

(a)
after “this Part” insert “or Part 1 of the

Parliamentary Voting System and

35

Constituencies Act 2010”;

(b)
for “except for the purposes of an election

at which” substitute “for the purposes of

the referendum unless”.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 1 — Representation of the People Act 1983
96

Provision
Modification

In subsection (5) omit “prevent the rejection of the

vote on a scrutiny, or”.

Section 50 (effect of
In paragraph (c)—

misdescription)
(a)
omit “nomination paper,”;

5

(b)
for “and the parliamentary election rules”

substitute “or Part 1 of the Parliamentary

Voting System and Constituencies Act

2010”.

Section 52 (discharge of
The Secretary of State may give a direction under

10

registration duties)
section 52(1) only if it is in accordance with a

recommendation made by the Electoral

Commission.

In subsections (1), (2) and (4), after “this Act”

insert “and Part 1 of the Parliamentary Voting

15

System and Constituencies Act 2010”.

Section 54 (payment of
In subsection (1), after the first “this Act” insert

expenses of registration)
“or Part 1 of the Parliamentary Voting System and

Constituencies Act 2010”.

Section 56(3) to (4A)
In subsection (3)—

20

(registration appeals: England
(a)
for “notice of an election is given”

and Wales)
substitute “notice of the referendum is

given”;

(b)
for “the election” substitute “the

referendum”.

25

In subsection (4A), for “that election” substitute

“the referendum”.

Section 57 (registration
Section 57 applies for the purposes of the

appeals: Scotland)
referendum only in so far as it applies section

56(3) to (4A).

30

Section 58(3) to (5)
In subsection (3)—

(registration appeals:
(a)
for “notice of an election is given”

Northern Ireland)
substitute “notice of the referendum is

given”;

(b)
for “the election” substitute “the

35

referendum”.

In subsection (5), for “that election” substitute “the

referendum”.

Section 60 (personation)
In subsection (2), for “at a parliamentary or local

government election” substitute “in the

40

referendum”.