Session 2010-11
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Parliamentary Voting System and Constituencies Bill [HL]


NINTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 25th November 2010, as follows—

Clauses 11 to 19
Schedules 1 to 8
Schedules 10 and 11

[Amendments marked * are new or have been altered]

Clause 11

LORD FALCONER OF THOROTON

LORD BACH

58A

Page 9, leave out lines 17 and 18 and insert—

“United Kingdom electoral quota

The United Kingdom electoral quota shall be defined as the total electorate of the United Kingdom on the designated enumeration day divided by 650.”

LORD SOLEY

59

Page 9, leave out line 18 and insert—

“The number of constituencies in the United Kingdom shall be decided by an independent commission established by the government, but shall not exceed 650 or be less than 500.”

LORD LIPSEY

60

Page 9, line 18, leave out “600” and insert “considered by a Speaker’s Conference.

The Secretary of State shall lay before Parliament an order to give effect to the recommendations of that Conference.”

BARONESS MCDONAGH

61

Page 9, line 18, leave out “600” and insert “630”

LORD SNAPE

62

Page 9, line 18, leave out “600” and insert “640”

LORD KENNEDY OF SOUTHWARK

63

Page 9, line 18, leave out “600” and insert “650”

LORD KNIGHT OF WEYMOUTH

63YA

Page 9, line 18, leave out “600” and insert “decided once the membership and powers of a reformed House of Lords have been agreed by both Houses of Parliament.”

LORD GROCOTT

63YB

Page 9, line 18, leave out “600” and insert “so arranged in order to ensure that before the Parliamentary Voting System and Constituencies Act 2011 comes into force the House of Commons shall have more members than the House of Lords”

63YC*

Page 9, line 18, leave out “600” and insert a maximum of 650 and at each boundary redistribution the number of constituencies shall be rounded down”

LORD MAPLES

63ZA

Page 9, line 18, at end insert “following the coming into force of the Parliamentary Voting System and Constituencies Act 2011, 550 from 1st October 2013, and 500 from 1st October 2018”

LORD FALCONER OF THOROTON

LORD BACH

63A

Page 9, leave out lines 20 to 27 and insert—

“2 (1) No constituency shall have an electorate more than 5% above or below the electoral quota for that part of the United Kingdom unless the Boundary Commission concerned believes there to be overriding reasons under the terms of these rules why it should.

(2) No constituency shall have an electorate more than 10% above or below the electoral quota for that part of the United Kingdom.”

LORD LIPSEY

64

Page 9, line 21, leave out “95%” and insert “90%”

65

Page 9, line 22, leave out “105%” and insert “110%”

LORD CRICKHOWELL

65A

Page 9, line 22, at end insert—

“except in Wales where it shall be—

( ) no less than 90% of the United Kingdom electoral quota, and

( ) no more than 110% of that quota”

LORD FALCONER OF THOROTON

LORD BACH

65B

Page 9, line 23, after “rules” insert “2A,”

LORD FOWLER

66

Page 9, line 23, after “6(2)” insert “, 6A(2)”

LORD LIPSEY

66ZA

Page 9, line 23, at end insert—

“( ) For the purposes of rule 2(1) the electorate shall be defined as the registered electorate, adjusted by the Electoral Commission’s best estimate of the unregistered electorate.

( ) In making that estimate, the Electoral Commission shall take account of the known socio-economic profile of that constituency.”

66ZB

Page 9, leave out lines 25 to 27 and insert—

“U

598

where U is the population of the United Kingdom aged 18 or over minus the population of the constituencies mentioned in rule 6”

66A

Page 9, leave out lines 25 to 27 and insert—

“U X where U is the electorate of the United Kingdom minus the electorate of the constituencies mentioned in rule 6 or otherwise exempted from the equal constituencies provisions of this Act, and where X is 600 minus the number of constituencies exempted under rule 6 or otherwise under the provisions of this Act”

LORD MAPLES

66B

Page 9, leave out lines 25 to 27 and insert—

“U X where U is the electorate of the United Kingdom and X is the number of constituencies as specified in paragraph 1”

LORD CORBETT OF CASTLE VALE

LORD KNIGHT OF WEYMOUTH

66BA*

Page 9, leave out lines 25 to 27 and insert—

“U + P

598

where U is the electorate of the United Kingdom minus the electorate of the constituencies mentioned in rule 6, and P is the population of prisoners who at the time of Royal Assent are serving prison terms of 4 years or less”

66C

Page 9, line 25, leave out “598” and insert “600”

LORD LIPSEY

67

Page 9, line 27, at end insert—

“Welsh constituencies

The number of constituencies in Wales shall not be less than 35.”

LORD BOATENG

67A

Page 9, line 27, at end insert—

“2A No constituency shall have a total population which is more than 130% of the electoral quota.”

LORD FALCONER OF THOROTON

LORD BACH

67B

Page 9, line 27, at end insert—

“2A No constituency shall have a total population of those aged 18 and over which is more than 130% of the electoral quota.”

LORD FOULKES OF CUMNOCK

67C

Page 9, leave out lines 29 and 30 and insert—

“( ) Each constituency shall be wholly in one of Scotland, Wales, Northern Ireland or England together with the home and overseas dependent territories.”

LORD SNAPE

LORD KENNEDY OF SOUTHWARK

BARONESS MCDONAGH

68

Page 9, line 30, at end insert—

“( ) Each constituency shall be wholly within a single county boundary.”

69

Page 9, line 30, at end insert—

“( ) Each constituency shall contain only whole local government wards.”

70

Page 9, line 30, at end insert—

“( ) In London and Metropolitan council areas, each constituency shall not cross more than two local authorities.”

71

Page 9, line 30, at end insert—

“( ) Outside London and Metropolitan council areas, each constituency shall not be made up of more than three district council areas.”

LORD FALCONER OF THOROTON

LORD BACH

71A

Page 9, leave out lines 31 to 33 and insert—

“(2) In England—

(a) each constituency shall be wholly in one of the electoral regions specified in Schedule 1 to the European Parliamentary Elections Act 2002;

(b) no district or borough ward shall be included in more than one constituency;

(c) the Boundary Commission should, where practicable, have regard to the boundaries of counties and London boroughs and in any case no constituency shall include the whole or part of more than two counties or London boroughs.

(3) In Northern Irerland, no local authority ward shall be included in more than one constituency.

(4) In Wales—

(a) no unitary authority ward shall be included in more than one constituency;

(b) the Boundary Commission should, where practicable, have regard to the boundaries of unitary authorities, and in any case no constituency shall include the whole or part of more than two unitary authorities.

(5) In Scotland, regard shall be had to local authority ward boundaries.”

71B

Page 9, line 34, leave out from beginning to end of line 5 on page 10

LORD FOULKES OF CUMNOCK

LORD STEVENSON OF BALMACARA

71C

Page 9, leave out lines 35 and 36

LORD LIPSEY

72

Page 9, line 35, leave out “13,000 square kilometres” and insert “that of the present parliamentary constituency of Brecon and Radnor”

LORD FOULKES OF CUMNOCK

LORD STEVENSON OF BALMACARA

72A

Page 10, leave out lines 1 to 5

BARONESS MCDONAGH

73

Page 10, line 7, leave out from “Commission” to end of line 8 and insert “should take into account”

LORD SNAPE

74

Page 10, line 7, leave out from “Commission” to end of line 8 and insert “must take into account”

LORD FOULKES OF CUMNOCK

74A

Page 10, line 10, at end insert—

“( ) the wealth of a constituency”

74B

Page 10, line 11, after “government” insert “ward”

LORD GROCOTT

74C

Page 10, line 15, at end insert—

“( ) local government areas with rapid increases in population”

LORD LIPSEY

75

Page 10, line 15, at end insert—

“( ) Should the Boundary Commission conclude in the case of any individual constituency or constituencies that these considerations are of exceptional importance, and that they cannot be appropriately accommodated with the provisions of rules 1 to 4, it shall have the power to give priority to those considerations over the provisions in rules 1 to 4.”

LORD FALCONER OF THOROTON

LORD BACH

75A

Page 10, leave out lines 16 to 22

BARONESS MCDONAGH

76

Page 10, line 16, leave out from “England” to “boundaries” in line 17 and insert “should take into account”

LORD SNAPE

77

Page 10, line 16, leave out from “England” to “boundaries” in line 17 and insert “must take into account”

LORD FOULKES OF CUMNOCK

77A

Page 10, line 19, leave out from “2002” to “as” in line 20

77B

Page 10, line 21, at end insert—

“( ) The Boundary Commission for Scotland may take into account the boundaries of constituencies of the Scottish Parliament.”

BARONESS MCDONAGH

LORD KENNEDY OF SOUTHWARK

78

Page 10, leave out line 22

LORD MAPLES

78A

Page 10, line 22, at end insert—

“( ) A Boundary Commission shall take into account the projected increase in the electorate in any proposed constituency which is expected to take place before the next General Election.”

LORD BROOKE OF SUTTON MANDEVILLE

LORD JENKIN OF RODING

LORD NEWBY

78B

Page 10, line 22, at end insert—

“Special authorities

(1) The geographical area of a special authority shall, so far as is practicable having regard to the rules of this Schedule as they apply to England, form part of not more than one constituency at any time.

(2) Where the geographical area of a special authority forms part of not more than one constituency, the name by which that constituency is known shall refer to that area.

(3) In this rule, “special authority” has the same meaning as in section 144(6) of the Local Government Finance Act 1988.”

LORD MAPLES

78C

Page 10, leave out lines 23 to 30

LORD TEVERSON

79

Page 10, leave out lines 23 to 30 and insert—

“Whole numbers of constituencies

(1) The following shall be allocated a whole number of constituencies by whichever Boundary Commission is responsible for them—

(a) Orkney Islands and Shetland Islands council areas;

(b) Comhairle nan Eilean Siar council area;

(c) the Cyngor Sir Ynys Môn Isle of Anglesey county area;

(d) the Isle of Wight county area;

(e) the County of Cornwall and Isles of Scilly council areas;

(f) the Highland council area;

(g) the Argyll and Bute council area.

(2) The number of constituencies to be allocated to each area shall be determined by dividing the electorate of the area or areas concerned by the United Kingdom Electoral Average and rounding to the nearest whole number, unless this would mean that rule 4(1) could not be satisfied, in which case the area concerned will be allocated the smallest number of constituencies required in order to satisfy that rule and each area must be allocated at least one whole constituency.

(3) In this rule “United Kingdom Electoral Average” means (where E is the electorate of the United Kingdom)—

E 600”

LORD FALCONER OF THOROTON

LORD BACH

79A

Page 10, leave out lines 23 to 30 and insert—

“Whole numbers of constituencies

(1) The following shall be allocated whole numbers of constituencies by whichever Boundary Commission is responsible for them—

(a) Orkney Islands and Shetland Islands council areas;

(b) Comhairle nan Eilean Siar council area;

(c) Argyll and Bute council area;

(d) the Isle of Anglesey county area;

(e) the Isle of Wight county area;

(f) the County of Cornwall and Isles of Scilly council areas.

(2) The number of seats to be allocated to each area shall be determined by dividing the electorate of the area or areas concerned by the United Kingdom electoral quota and rounding to the nearest whole number, and each area must be allocated at least one whole seat.”

LORD LIDDLE

[As an amendment to Amendment 79A]

79AA

Line 10, at end insert—

“( ) the county of Cumbria”

LORD MCAVOY

79B

Page 10, leave out lines 25 to 27

LORD FOULKES OF CUMNOCK

80

Page 10, line 29, at end insert—

“( ) 5 constituencies in the City of Edinburgh council area”

LORD MARTIN OF SPRINGBURN

81

Page 10, line 29, at end insert—

“( ) a constituency named Argyll & Bute”

82

Page 10, line 29, at end insert—

“( ) a constituency named the Isle of Wight”

LORD MCAVOY

83

Page 10, line 29, at end insert—

“( ) 3 constituencies in the South Lanarkshire council area”

84

[Re-tabled as amendment 84A]

LORD MCAVOY

[In substituion for Amendment 84]

84A

Page 10, line 29, at end insert—

“( ) a constituency named Rutherglen and Hamilton West comprising all council wards containing the areas of Rutherglen, Cambuslang, Halfway, Blantyre, High Blantyre, Burnbank and Hamilton West”

LORD LIPSEY

BARONESS MCDONAGH

LORD KENNEDY OF SOUTHWARK

85

Page 10, line 29, at end insert—

“( ) a constituency named the Isle of Wight;

( ) a constituency named Anglesey (Ynys MÔn)”

LORD GROCOTT

85A

Page 10, line 29, at end insert—

“( ) a constituency named Telford comprising the wards Brookside, Cuckoo Oak, Dawley Magna, Horsehay and Lightmoor, Ironbridge Gorge, Ketley and Oakengates, Lawley and Overdale, Madeley, Malinslee, The Nedge, Priorslee, St Georges, Woodside, Wrockwardine Wood and Trench”

LORD LIDDLE

85B

Page 10, line 29, at end insert—

“( ) 6 constituencies in the county of Cumbria”

LORD KENNEDY OF SOUTHWARK

86

Page 10, line 29, at end insert—

“( ) Parliamentary constituencies shall not cross the county border of Cornwall.”

LORD BERKELEY

87

Page 10, line 29, at end insert—

“( ) No constituency shall include parts of both the counties of Devon and Cornwall.”

LORD MYNERS

88

Page 10, line 29, at end insert—

“( ) There shall remain the current number of constituencies in Cornwall, and these constituencies shall be entirely within the county of Cornwall.”

LORD FOWLER

LORD OAKESHOTT OF SEAGROVE BAY

89

Page 10, line 30, at end insert—

“Isle of Wight

6A (1) All parts of the Isle of Wight must be included in a constituency which is wholly in the Isle of Wight.

(2) Rule 2 does not apply to any such constituency.”

LORD FALCONER OF THOROTON

LORD BACH

89A

Page 11, leave out lines 12 to 26 and insert—

“Allocation of constituencies

(1) The adjusted UK electoral quota shall then be calculated as the total electorate of the United Kingdom less the areas listed in rule 4(1) divided by 650 minus the total number of seats allocated to the areas listed in rule 4(1).

(2) Each part of the United Kingdom shall then be allocated a whole number of seats as follows.

(3) The first seat shall be allocated to the part of the United Kingdom with the largest electorate.

(4) 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.

(5) An electoral quota shall then be calculated for each of the four parts of the United Kingdom by dividing the electorate of each part of the United Kingdom by the number of seats allocated as described in rules 5(3) and 5(4).

(6) The total number of seats to be allocated to any part of the United Kingdom shall not be more than 10% above or below the current number of constituencies, and if the number of seats allocated by the process described in rules 5(3) and 5(4) exceeds that limit, then additional or fewer seats shall be allocated as appropriate sufficient to bring the allocation within 10% of the current number of seats in the part of the United Kingdom concerned.

(7) This adjusted number of seats shall be the allocation for that part of the United Kingdom for the purposes of rule 5(5).”

LORD FOULKES OF CUMNOCK

89AA

Page 11, line 15, leave out “greatest” and insert “smallest”

LORD MCNALLY

89B

Page 11, line 22, at end insert—

“( ) The final constituency to be allocated, where the figure given by sub-paragraph (3) above is the same for two or more parts of the United Kingdom, shall be allocated to the part with the smaller or smallest actual electorate.”

LORD TOUHIG

LORD HOWARTH OF NEWPORT

LORD ROWE-BEDDOE

LORD MORRIS OF ABERAVON

89BA*

Page 11, line 26, at end insert—

“(5) If the number of constituencies allocated to Wales under sub-paragraph (3) is fewer than 35, an additional allocation shall be made to Wales to ensure that it has 35 constituencies.

(6) Where an additional allocation is made under sub-paragraph (5) above, sub-paragraph (7) shall apply in place of rule 2.

(7) The electorate of any constituency in Wales shall be—

(a) no less than 95% of the Welsh electoral quota; and

(b) no more than 105% of that quota;

the “Wales electoral quota” meaning W/P, where W is the electorate of Wales and P is the number of constituencies allocated to Wales.”

LORD TOUHIG

LORD ROWE-BEDDOE

LORD ELYSTAN-MORGAN

LORD HOWARTH OF NEWPORT

89BC*

Page 11, line 26, at end insert—

“Reduction in constituencies in European Parliamentary electoral regions

9A (1) The number of constituencies allocated to the area within an electoral region specified in Schedule 1 to the European Parliamentary Elections Act 2002 (ignoring paragraph 2(2) of that Schedule and the reference to Gibraltar), shall not be reduced by more than 10% at any one review and additional seats shall be allocated where necessary to meet this requirement.

(2) Additional constituencies allocated under this rule shall be additional to the total number in rule 1 and to the number allocated to each part of the United Kingdom under rule 8.

(3) Where this rule increases the allocation of parliamentary constituencies for Wales, Scotland or Northern Ireland, the relevant Boundary Commission shall apply sub-paragraph (4) below in place of rule 2.

(4) Where sub-paragraph (3) applies, the electorate of any constituency shall be—

(a) no less than 95% of this part of the United Kingdom’s electoral quote

(b) no more than 105% of that quota

where “this part of the United Kingdom’s electoral quota” means P/C where P is the electorate of the part of the United Kingdom and C is the number of constituencies in the relevant part.

(5) Where this rule increases the number of seats required in the area of a European Electoral region within England, the Boundary Commission shall make proposals for a whole number of seats wholly within that area and shall apply sub-paragraph (6) below in place of rule 2.

(6) Where sub-paragraph (5) applies, the electorate of any constituency shall be—

(a) no less than 95% of this region’s electoral quota

(b) no more than 105% of that quota

where “this region’s electoral quota” means R/C where R is the electorate of this region and C is the number of constituencies allocated to it.”

LORD FOULKES OF CUMNOCK

89C

Page 11, line 29, leave out from “electorate” to end of line 33 and insert “for the purpose of this Act shall be deemed to be all those eligible to vote in relation to the United Kingdom”

LORD KENNEDY OF SOUTHWARK

LORD SNAPE

BARONESS MCDONAGH

90

Page 11, line 31, leave out from “the” to first “in” in line 32 and insert “census”

LORD LIPSEY

90A

Page 11, line 41, leave out from beginning to end of line 1 on page 12 and insert—

“( ) in England, the boundaries of counties, London boroughs, metropolitan boroughs and unitary authorities,”

LORD LIPSEY

[In substitution for Amendment 90B]

90ZA

Page 11, line 41, leave out from beginning to end of line 6 on page 12 and insert “the boundaries of wards, electoral areas and electoral divisions”

LORD TYLER

LORD RENNARD

90AA

Page 12, line 1, at end insert “and

( ) local government wards,”

90AB

Page 12, line 2, leave out “and county boroughs” and insert “, county boroughs and local government wards”

90AC

Page 12, line 5, after “1994” insert “and local government wards”

LORD LIPSEY

90B

[Re-tabled as Amendment 90ZA]

LORD FALCONER OF THOROTON

LORD BACH

BARONESS MCDONAGH

LORD KENNEDY OF SOUTHWARK

The above-named Lords give notice of their intention to oppose the Question that Clause 11 stand part of the Bill.

After Clause 11

LORD FALCONER OF THOROTON

LORD BACH

91

Insert the following new Clause—

“Variation in limit of number of holders of ministerial offices

(1) The House of Commons Disqualification Act 1975 is amended as follows.

(2) For section 2(1) substitute—

“(1) The number of holders of offices specified in Schedule 2 to this Act (in this section referred to as Ministerial offices) entitled to sit and vote in the House of Commons at any one time, whether paid or unpaid, must not exceed 95 if the number of constituencies in the United Kingdom is 650.”

(3) After section 2(1) insert—

“(1A) If the number of constituencies in the United Kingdom decreases below 650, the limit on the number of holders of Ministerial offices entitled to sit and vote in the House of Commons referred to in section 2(1) must be decreased by at least a proportionate amount.”

(4) In subsection (2), after “subsection (1)”, insert “or subsection (1A)”.”

LORD NORTON OF LOUTH

[As an amendment to Amendment 91]

91A

Line 12, leave out from “650,” to end of line 14 and insert “the number of holders of Ministerial offices entitled to sit and vote in the House of Commons referred to in section 2(1) must not exceed 80”

Clause 12

LORD LIPSEY

91B

Page 13, line 16, at end insert “and comments thereon”

LORD SNAPE

LORD KENNEDY OF SOUTHWARK

BARONESS MCDONAGH

92

Page 13, leave out lines 17 and 18

LORD FALCONER OF THOROTON

LORD BACH

93

Page 13, leave out lines 17 to 23 and insert—

“(2) A Boundary Commission may cause a local inquiry to be held for the purposes of a report under this Act where, on publication of a recommendation of a Boundary Commission for the alteration of any constituency, the Commission receive any representation objecting to the proposed recommendation from an interested authority or from a body of electors numbering one hundred or more.

(3) Where a local inquiry had been held under subsection (2), a Boundary Commission may, after considering the matters discussed at a local inquiry, the nature of the representations received under subsection (1) and any other relevant circumstances, decide that a further local inquiry is not justified.

(4) In subsection (2) above, “interested authority” and “elector” respectively mean, in relation to any recommendation, a local authority whose area is wholly or partly comprised in the constituencies affected by the recommendation, and a parliamentary elector for any of those constituencies.””

LORD KENNEDY OF SOUTHWARK

94

Page 13, leave out lines 17 to 23 and insert—

“(2) A Boundary Commission may cause a local inquiry to be held for the purposes of a report under this Act where, on publication of a recommendation of a Boundary Commission for the alteration of any constituency, the Commission receive any representation objecting to the proposed recommendation from an interested authority or from a body of electors numbering one thousand or more.

(3) In subsection (2) above, “elector” means a parliamentary elector for any constituencies affected by the recommendation.””

BARONESS MCDONAGH

95

Page 13, leave out lines 17 to 23 and insert—

“(2) A Boundary Commission may cause a local inquiry to be held for the purposes of a report under this Act where, on publication of a recommendation of a Boundary Commission for the alteration of any constituency, the Commission receive any representation objecting to the proposed recommendation from an interested authority or from a body of electors numbering five thousand or more.

(3) In subsection (2) above, “elector” means a parliamentary elector for any constituencies affected by the recommendation.””

LORD SNAPE

96

Page 13, leave out lines 17 to 23 and insert—

“(2) A Boundary Commission may cause a local inquiry to be held for the purposes of a report under this Act where, on publication of a recommendation of a Boundary Commission for the alteration of any constituency, the Commission receive any representation objecting to the proposed recommendation from a body of electors numbering five hundred or more.

(3) In subsection (2) above, “elector” means a parliamentary elector for any constituencies affected by the recommendation.””

BARONESS MCDONAGH

LORD KENNEDY OF SOUTHWARK

97

Page 13, leave out lines 17 to 23 and insert—

“(2) A Boundary Commission may cause a local inquiry to be held for the purposes of a report under this Act where, on publication of a recommendation of a Boundary Commission for the alteration of any constituency, the Commission receive any representation objecting to the proposed recommendation from a local authority whose area is wholly or partly comprised in the constituencies affected by the recommendation.””

LORD SNAPE

98

Page 13, leave out lines 17 to 23 and insert—

“(2) A Boundary Commission may cause a local inquiry to be held for the purposes of a report under this Act where, on publication of a recommendation of a Boundary Commission for the alteration of any constituency, the Commission receive any representation objecting to the proposed recommendation from two or more local authorities whose areas are wholly or partly comprised in the constituencies affected by the recommendation.””

LORD LIPSEY

99

Page 13, line 17, leave out “may not” and insert “in the case of 100 local objections being received shall”

99ZA

Page 13, leave out lines 19 to 22 and insert—

“(3) The representations received should be published by the Commission and a further period of 4 weeks allowed for comments to be submitted regarding any of those representations.””

99A

Page 13, leave out line 22

99B

Page 13, line 22, at end insert—

“( ) In relation to a report under section 3(1) that a Boundary Commission is required by section 3(2) to submit before 1 October 2013—

(a) a Boundary Commission shall make information available via their website, and if they see fit by other means, on their proposed general approach to the application of Schedule 2;

(b) representations with respect to this proposed general approach may be made to the Commission during a specified period of eight weeks; and

(c) the Commission shall take into consideration any such representations duly made prior to the provisional determination of any recommendations affecting any constituency.

( ) A Boundary Commission’s “proposed general approach” shall include, but need not be limited to—

(a) the processes by which they intend to seek to ensure the application of rule 2, and in the case of the Boundary Commission for Northern Ireland of rule 7, including the circumstances in which they will consider recommending that wards, electoral areas and divisions should be divided between two or more constituencies, and the information on which they intend to rely in determining how to carry out such a division, and

(b) the extent to which they intend to take into account each of the factors described in rule 5(1), and in the case of the Boundary Commission for England of rule 5(2).”

99C

Page 13, line 22, at end insert—

“( ) Where a Boundary Commission have provisionally determined to make recommendations affecting any constituency—

(a) they shall take such steps as they see fit to inform people in the constituency of the effect of the proposed recommendations and that a copy of the recommendations is open to inspection at a specified place within the constituency,

(b) they shall make available via their website, and if they see fit by other means, copies of their proposed recommendations and information on their effect, together with such information as they have on the number of electorate in every sub-division of every ward, electoral division and electoral area in England, Scotland, Wales or Northern Ireland, and

(c) representations with respect of the proposed recommendations may be made to the Commission by people whether inside or outside any given constituency during a specified period of 12 weeks, and the Commission shall take into consideration any such representations duly made.”

LORD ALTON OF LIVERPOOL

LORD FALCONER OF THOROTON

LORD BACH

LORD KENNEDY OF SOUTHWARK

The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill.

After Clause 12

LORD LIPSEY

100

Insert the following new Clause—

“Assistant Commissioners’ report

(1) The Commission shall appoint Assistant Commissioners to report on and make recommendations emerging from the written representations submitted for each separate area that provisional recommendations have been published for.

(2) The report of each Assistant Commissioner shall be published by the Commission along with copies of all the representations received, before the Commission either publishes its revised recommendation for the area or confirms its provisional recommendations.”

Clause 13

LORD FALCONER OF THOROTON

LORD BACH

BARONESS MCDONAGH

LORD KENNEDY OF SOUTHWARK

The above-named Lords give notice of their intention to oppose the Question that Clause 13 stand part of the Bill.

Clause 14

LORD LIPSEY

100A

Page 14, line 34, at end insert “by the affirmative resolution procedure”

After Clause 14

BARONESS MCDONAGH

LORD SNAPE

101

Insert the following new Clause—

“Super-affirmative resolution procedure

(1) Any order laid under this Act must first be laid in draft and is subject to a super-affirmative procedure as follows.

(2) The Minister must have regard to—

(a) any representations,

(b) any resolution of either House of Parliament, and

(c) any recommendations of a committee of either House of Parliament charged with reporting on the draft order,

made during the 60-day period with regard to the draft order.

(3) If, after the expiry of the 60-day period, the Minister wishes to make an order in the terms of the draft, the Minister must lay before Parliament a statement—

(a) stating whether any representations were made under subsection (2)(a); and

(b) if any representations were so made, giving details of them.

(4) The Minister may after the laying of such a statement make an order in the terms of the draft if it is approved by a resolution of each House of Parliament.

(5) However, a committee of either House charged with reporting on the draft order may, at any time after the laying of a statement under subsection (3) and before the draft order is approved by that House under subsection (4), recommend under this subsection that no further proceedings be taken in relation to the draft order.

(6) Where a recommendation is made by a committee of either House under subsection (5) in relation to a draft order, no proceedings may be taken in relation to the draft order in that House under subsection (4) unless the recommendation is, in the same Session, rejected by resolution of that House.

(7) If, after the expiry of the 60-day period, the Minister wishes to make an order consisting of a version of the draft order with material changes, the Minister must lay before Parliament—

(a) a revised draft order; and

(b) a statement giving details of—

(i) any representations made under subsection (2)(a); and

(ii) the revisions proposed.

(8) The Minister may after laying a revised draft order and statement under subsection (7) make an order in the terms of the revised draft if it is approved by a resolution of each House of Parliament.

(9) However, a committee of either House charged with reporting on the revised draft order may, at any time after the revised draft order is laid under subsection (7) and before it is approved by that House under subsection (8), recommend under this subsection that no further proceedings be taken in relation to the revised draft order.

(10) Where a recommendation is made by a committee of either House under subsection (9) in relation to a revised draft order, no proceedings may be taken in relation to the revised draft order in that House under subsection (8) unless the recommendation is, in the same Session, rejected by resolution of that House.

(11) For the purposes of subsections (4) and (8), an order is made in the terms of a draft order if it contains no material changes to the provisions of the draft order.

(12) In this section the “60-day period” means the period of 60 days beginning with the day on which the draft order was laid before Parliament.”

Clause 18

LORD FALCONER OF THOROTON

LORD BACH

102

Page 15, line 12, at end insert—

“( ) Part 1 of this Act shall not come into force until the Electoral Commission has certified that every local authority has taken all reasonable steps to ensure that the electoral register is as complete and accurate as possible.”

LORD LIPSEY

102A

Page 15, line 14, at end insert “which shall be made under the affirmative resolution procedure”

LORD TOUHIG

LORD HOWARTH OF NEWPORT

LORD ROWE-BEDDOE

LORD ELYSTAN-MORGAN

102AA*

Page 15, line 14, at end insert—

“( ) Notwithstanding any provision of this or any other Act, there shall be no change to the number or boundaries of constituencies in Wales unless the Assembly Act provisions as defined in Part 4 of the Government of Wales Act 2006 have come into force.”

LORD LIPSEY

102B

Page 15, line 15, leave out from first “on” to end of line 16 and insert “6 May 2011”

BARONESS MCDONAGH

102BA

Page 15, line 16, at end insert—

“( ) Section 11 shall not come into force until legislation has been passed introducing household voter registration throughout the United Kingdom.”

Schedule 1

LORD LIPSEY

102C

Page 16, line 8, at end insert—

“( ) The minimum period between the passing of this Act and the date of the referendum shall be three months.”

LORD LOW OF DALSTON

103

Page 18, line 20, leave out “may” and insert “must”

104

Page 18, line 24, at end insert “including ensuring that adequate provision is made for disabled voters”

105

Page 18, line 27, leave out “may” and insert “must”

106

Page 18, line 31, at end insert “including ensuring that adequate provision is made for disabled voters”

107

Page 18, line 33, at end insert—

“( ) directions about the discharge of their functions in relation to voters with disabilities;

( ) directions requiring them to address any complaints from voters arising from the administration of the referendum”

LORD MCNALLY

107A

Page 19, line 19, leave out “appointed under section 8 of the 1983 Act”

LORD ROOKER

108

Page 20, line 1, leave out “may take whatever steps they think appropriate to” and insert “must”

LORD LOW OF DALSTON

109

Page 20, line 1, leave out “may” and insert “must”

110

Page 20, line 3, at end insert—

“( ) The Electoral Commission must take steps to ensure that disabled voters are able to access information and support to facilitate understanding and participation in voting and elections.

( ) The Electoral Commission must issue guidance in relation to ensuring voters with disabilities have equality of access to the places and process of voting.”

LORD LIPSEY

110ZZA

Page 20, line 3, at end insert—

“( ) Those steps must include the preparation of a leaflet summarising the meaning of the referendum question.

( ) It shall also summarise the main arguments for and against first-past-the-post and the alternative vote.

( ) The leaflet shall be impartial and unbiased.

( ) The leaflet shall be distributed, so far as is practicable, to all households in the United Kingdom.”

110ZZB

Page 20, line 3, at end insert—

“( ) The Electoral Commission shall seek the advice of the Plain English campaign on all information materials it prepares for the campaign.”

LORD PHILLIPS OF SUDBURY

110ZA

Page 20, line 6, at end insert “including the facilitation of co-operation between the officer, the Electoral Commission and the officers to whom sub-paragraph (3) applies”

LORD LIPSEY

110ZB

Page 20, line 6, at end insert—

“( ) These steps shall include measures to ensure that all those wishing to vote and arriving at the polling station within the appointed hours are able to do so.”

LORD MCNALLY

110A

Page 20, line 13, leave out “appointed under section 8 of the 1983 Act”

LORD ROOKER

111

Page 26, line 1, leave out paragraph 23

LORD FOULKES OF CUMNOCK

112

Page 26, line 18, at end insert—

“( ) with the addition at the end of paragraph (b) of—

“(c) the petitioner’s interest alone shall be sufficient to enable a petition to be lodged””

LORD CAMPBELL-SAVOURS

Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 1 be the First Schedule to the Bill.

Schedule 2

LORD FOULKES OF CUMNOCK

112A

Page 29, line 8, leave out “25th” and insert “30th”

112B

Page 29, line 11, leave out “15th” and insert “20th”

112C

Page 29, line 14, leave out “7 am and 10 pm” and insert “6 am and 11 pm”

LORD ROOKER

113

Page 29, line 14, leave out “10” and insert “11”

LORD LOW OF DALSTON

114

Page 29, line 37, at end insert—

“( ) the accessibility of polling stations for disabled voters”

LORD ROOKER

115

Page 32, line 24, at end insert “but no polling station shall be allocated more than 1050 electors”

LORD LOW OF DALSTON

116

Page 32, line 31, at end insert—

“( ) Where a polling place may be considered inaccessible to disabled voters, following the review undertaken under section 16 of the Electoral Administration Act 2006, the counting officer must provide an alternative polling place that is accessible to disabled voters.

( ) If no public rooms as specified under paragraph 9(1) are considered accessible to disabled voters, the counting officer must hire for this purpose a privately owned room that is considered accessible to disabled voters.”

LORD MCNALLY

116A

Page 33, line 1, leave out from “with” to second “or” in line 2 and insert “paragraph (3) or (4),”

LORD LOW OF DALSTON

117

Page 33, line 6, at end insert—

“( ) The counting officer must notify the electorate of any polling stations that may not be accessible to disabled voters and provide details of alternative voting options.”

118

Page 34, line 15, leave out “may” and insert “must”

119

Page 34, line 17, at end insert “including information regarding the accessibility for disabled voters of the allocated polling place”

LORD ROOKER

120

Page 35, line 4, at end insert “but the number of ballot papers provided shall not be less than the number of electors on the register”

121

Page 35, line 46, leave out from beginning to end and insert—

““Vote in ONE box only. Do not mark the ballot paper in any other way or your vote may not be counted”.”

122

Page 38, line 37, leave out “anyone present” and insert “the first elector”

LORD MCNALLY

122ZA

Page 54, line 44, leave out from beginning to end of line 6 on page 55 and insert—

“(a) in relation to a voting area in England or a voting area in Wales that is not within sub-paragraph (b), the registration officer of the local authority in whose area that voting area is situated;

(b) in relation to a voting area in Wales that comprises any part of the area of more than one local authority, the registration officer appointed under section 44(3)(b) of the Electoral Administration Act 2006 in respect of the Assembly constituency that corresponds to that voting area.

( ) In paragraph (3)—

“local authority” has the same meaning as in paragraph 4 of Schedule 1;

“Assembly constituency” means a constituency for the National Assembly for Wales.”

122A

Page 57, leave out line 28

LORD CAMPBELL-SAVOURS

Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 2 be the Second Schedule to the Bill.

Schedule 3

LORD MCNALLY

122B

Page 76, leave out line 12

122C

Page 85, leave out line 38

LORD CAMPBELL-SAVOURS

Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 3 be the Third Schedule to the Bill.

Schedule 4

LORD MCNALLY

122D

Page 114, line 24, after “lists” insert “and provide any subsequent revised lists or revisions to the lists”

LORD CAMPBELL-SAVOURS

Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 4 be the Fourth Schedule to the Bill.

Schedule 5

LORD MCNALLY

122E

Page 151, line 40, at end insert—

“( ) Regulation 116(1) of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) has effect in relation to a relevant election as if the reference to documents forwarded under rule 55(1)(e) of the elections rules were to documents forwarded under rule 50(1)(a) of the referendum rules as applied by this paragraph.”

122F

Page 152, line 26, at end insert—

“Provision of registers etc to counting officer Registers

Regulation 98 of the Representation of the People (England and Wales) Regulations 2001 as modified by Part 3 of Schedule 4 above applies for the purposes of a relevant election as it applies for the purposes of the referendum.

Absent voters lists

As soon as practicable after 5 pm on the 6th day before the date of the poll, the registration officer must provide the counting officer with the following lists, and any subsequent revised lists or revisions to the lists—

(a) the list of proxies for each relevant election;

(b) the postal voters list for each relevant election;

(c) the proxy postal voters list for each relevant election.

Personal identifier information

Where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of regulation 65 of the Representation of the People (England and Wales) Regulations 2001, paragraph 7C of Schedule 4 to the Representation of the People Act 2000 has effect as if a reference to a returning officer were a reference to the counting officer.”

LORD CAMPBELL-SAVOURS

Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 5 be the Fifth Schedule to the Bill.

Schedule 6

LORD MCNALLY

122G

Page 187, line 7, at end insert—

“( ) Regulation 121 of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) has effect in relation to an Assembly election—

(a) as if, in the definition of “relevant Assembly election documents”, the reference to rule 69(1) of Schedule 5 to the 2007 Order included a reference to rule 52 of the referendum rules as applied by this paragraph;

(b) as if, in paragraph (2), the reference to documents forwarded under rule 67(1)(h) of Schedule 5 to the 2007 Order were to documents forwarded under rule 50(1)(a) of the referendum rules as so applied.”

122H

Page 187, line 28, at end insert—

“Provision of registers etc to counting officer Registers

Regulation 98(8) of the Representation of the People (England and Wales) Regulations 2001 has effect as if a reference to a returning officer included a reference to the counting officer.

Absent voters lists

As soon as practicable after 5 pm on the 6th day before the date of the poll, the registration officer must provide the counting officer with the following lists, and any subsequent revised lists or revisions to the lists—

(a) the list of proxies for the Assembly elections;

(b) the postal voters list for the Assembly elections;

(c) the proxy postal voters list for the Assembly elections.

Personal identifier information

Where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of paragraph 2 of Schedule 3 to the Welsh Assembly Order, Article 13(5) of that Order has effect as if a reference to a constituency returning officer were a reference to the counting officer.”

LORD CAMPBELL-SAVOURS

Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 6 be the Sixth Schedule to the Bill.

Schedule 7

LORD MCNALLY

122J

Page 227, line 35, at end insert—

“Schedule 8 to the 2010 Order has effect—

(a) as if the reference in paragraph 1 to documents retained under rule 71 of the Scottish Parliamentary Election Rules were to documents retained under rule 50(1)(b) of the referendum rules as applied by paragraph 52 above;

(b) as if the reference to that Schedule in paragraph 4(2) were to any enactment;

(c) as if references to the CRO included references to the counting officer.”

122K

Page 228, line 18, at end insert—

“Provision of registers etc to counting officer Registers

Paragraph 1 of Schedule 1 to the 2010 Order has effect as if a reference to a returning officer included a reference to the counting officer.

Absent voters lists

As soon as practicable after 5 pm on the 6th day before the date of the poll, the registration officer must provide the counting officer with the following lists, and any subsequent revised lists or revisions to the lists—

(a) the list of proxies for the Scottish parliamentary election;

(b) the postal voters list for the Scottish parliamentary election;

(c) the proxy postal voters list for the Scottish parliamentary election.

Personal identifier information

Where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of paragraph 2 of Schedule 4 to the 2010 Order, paragraph 23(1) of Schedule 3 to the 2010 Order has effect as if a reference to a CRO were a reference to the counting officer.”

LORD CAMPBELL-SAVOURS

Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 7 be the Seventh Schedule to the Bill.

Schedule 8

LORD MCNALLY

122L

Page 262, line 16, at end insert—

“( ) Where appropriate—

(a) a reference in any enactment to a list mentioned in sub-paragraphs (i) to (iii) of sub-paragraph (2)(a) is to be read as a reference to the combined postal voters list;

(b) a reference in any enactment to a list mentioned in sub-paragraphs (i) to (iii) of sub-paragraph (2)(b) is to be read as a reference to the combined proxy postal voters list.”

122M

Page 267, line 14, leave out sub-paragraphs (1) and (2) and insert—

“(1) Where—

(a) a combined list is prepared as mentioned in paragraph 7(2), 8(2), 16(1) or 22(1),

(b) the same copy of the register of electors is used as mentioned in paragraph 21(1),

(c) a single list is used as mentioned in paragraph 24(1), 26(1), 27(1) or 28(1), or

(d) a declaration made by the companion of a voter with disabilities (within the meaning of paragraph 25) relates to the referendum or Assembly election as well as a local election,

rules 50(1)(b) and 52 of the referendum rules apply to those documents (and rule 58(1) of the Local Elections Rules has effect as if any reference to those documents were omitted).

(2) Where a combined list is prepared as mentioned in paragraph 7(2), 8(2) or 16(1), rule 59 of the Local Elections Rules, so far as it relates to corresponding number lists, has effect as if references to the proper officer of the council were to the Chief Electoral Officer.”

122N

Page 267, line 25, at end insert—

“Schedule 3 to the Local Elections (Northern Ireland) Order 2010 has effect—

(a) as if, in the definition of “the marked register or lists” in paragraph 1(1), the reference to documents retained under rule 60 of the Local Elections Rules included a reference to documents retained under rule 50(1)(b) of the referendum rules as applied by paragraph 38 above;

(b) as if references to the proper officer included references to the Chief Electoral Officer.”

122P

Page 271, line 16, leave out from “are” to end of line 18 and insert—

“(i) the packets, made up under paragraph 11 of Part 3 of Schedule 2 to the Local Elections Order, of any combined lists produced by virtue of paragraph 7 or 23 above;

(ii) the packets made up under paragraphs 12 and 17C of that Part.”

122Q

Page 272, line 3, leave out “paragraphs 11 and 17C(b) were omitted” and insert “packets did not include the packets mentioned in sub-paragraph (3)(b) above”.

122R

Page 272, line 5, at end insert—

“( ) Regulation 115(1) of the 2008 Regulations has effect in relation to an Assembly election as if the reference to documents retained under rule 57(1A) of the elections rules included a reference to documents retained under this paragraph that relate to the Assembly election.

( ) Schedule 3 to the Local Elections (Northern Ireland) Order 2010 has effect—

(a) as if, in the definition of “the marked register or lists” in paragraph 1(1), the reference to documents retained under rule 60 of the Local Elections Rules included a reference to documents retained under this paragraph that relate to the local election;

(b) as if references to the proper officer included references to the Chief Electoral Officer.”

122S

Page 274, line 29, leave out “spoilt”

LORD CAMPBELL-SAVOURS

Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 8 be the Eighth Schedule to the Bill.

Schedule 10

LORD ROOKER

123

Page 295, leave out lines 6 to 45 and insert—

““Equality of votes

If there is equality of votes at any stage of the counting process, the count shall be abandoned and the poll re-run within one month between the two candidates with most first preferences.””

LORD CAMPBELL-SAVOURS

Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 10 be the Tenth Schedule to the Bill.

LORD ROOKER

124

Page 297, line 35, at end insert—

“Remember, candidates’ names are listed in reverse alphabetical order.”

Schedule 11

LORD CAMPBELL-SAVOURS

125

Page 300, line 31, leave out from beginning to end of line 13 on page 301

After Schedule 11

LORD FALCONER OF THOROTON

LORD BACH

126

Insert the following new Schedule—

“SCHEDULE Section 6 Limits on referendum expenses by permitted participants

The Schedule referred to in section 6(1) is as follows—

“SCHEDULE 14A Limits on referendum expenses by permitted participants Limits in relation to the UK-wide referendum on the alternative vote system

(1) This paragraph imposes limits in relation to the referendum on the alternative vote system.

(2) The limit on referendum expenses incurred by or on behalf of a permitted participant during the referendum period in the case of such a referendum is—

(a) £5 million in the case of a person or body designated under section 108;

(b) £500k in the case of a registered party falling within section 105(1)(a) but not designated under section 108;

(c) £50,000 in the case of a person or body falling within section 105(1)(b) but not designated under section 108.””