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


THIRTEENTH
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 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 quota

(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

[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”

90A

[Withdrawn]

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]

BARONESS MCDONAGH

LORD KENNEDY OF SOUTHWARK

90C

Page 12, line 42, at end insert—

“( ) When the average number of eligible voters per constituency exceeds 74,000, the Secretary of State shall introduce legislation to amend the electorate per constituency provisions of the 1986 Act.”

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 KENNEDY OF SOUTHWARK

91AA

Page 13, line 14, at end insert—

“( ) of all written representations made to the Boundary Commission by publishing them online within 24 hours of receipt”

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) However, a Boundary Commission shall not be obliged to hold an inquiry if they believe that any objection received under the terms of subsection (2)—

(a) raises no substantive issues that might benefit from further comment or representation from other interested parties or individuals;

(b) makes counter proposals which are prima facie out with the stipulations of the Rules for the distribution of seats contained in Schedule 2 to the 1986 Act.

(4) A local inquiry held under subsection (2) must be completed within six months of the close of the consultation period referred to in subsection (1) above.

(5) 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.

(6) If a further local inquiry is held, it must be completed within nine months of the close of the original consultation period referred to in subsection (1) above.

(7) 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

LORD KENNEDY OF SOUTHWARK

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”

99ZZZA

[Withdrawn]

LORD STEVENSON OF BALMACARA

99ZZZB

Page 13, line 17, leave out “may not” and insert “, in the case of 400 local objections being received, shall”

LORD KENNEDY OF SOUTHWARK

99ZZZC

Page 13, line 17, leave out “may not” and insert “, in the case of 500 local objections being received, shall”

LORD BILSTON

99ZZZD

Page 13, line 17, leave out “may not” and insert “, in the case of 700 local objections being received, shall”

99ZZZE

[Withdrawn]

99ZZZF

[Withdrawn]

BARONESS MCDONAGH

99ZZZG

Page 13, line 17, leave out “may not” and insert “, in the case of 1000 local objections being received, shall”

99ZZZH

[Withdrawn]

99ZZZJ

[Withdrawn]

LORD SNAPE

99ZZZK

Page 13, line 17, leave out “may not” and insert “, in the case of 1500 local objections being received, shall”

99ZZA

[Withdrawn]

LORD LIPSEY

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”

LORD FALCONER OF THOROTON

LORD BACH

109A

Page 20, line 3, at end insert—

“subject to the approval of the Speaker’s Committee on the Electoral Commission”

LORD LOW OF DALSTON

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”

110B

Page 24, line 26, at end insert—

“( ) The Chief Counting Officer is entitled to recover expenses incurred by that officer for or in connection with the referendum if—

(a) the expenses are of a kind that would otherwise have been incurred by counting officers or Regional Counting Officers, and

(b) the Chief Counting Officer considered that it would be more economical for the expenses to be incurred by that officer instead.”

110C

Page 24, line 30, after “account” insert “of a counting officer or Regional Counting Officer”

110D

Page 24, line 36, after “Officer” insert “or the Chief Counting Officer”

110E

Page 24, line 42, at end insert “or the Chief Counting Officer”

LORD ROOKER

111

Page 26, line 1, leave out paragraph 23

LORD FOULKES OF CUMNOCK

LORD FALCONER OF THOROTON

LORD BACH

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””

112ZA

[Withdrawn]

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, leave out lines 46 and 47 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

122DA

Page 138, line 2, at end insert—

“( ) Regulation 11 of the Local Authorities (Conduct of Referendums) (England) Regulations 2007 has effect as if the reference to regulation 10(1) or (7) included a reference to section 4.”

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.””

124

Page 297, line 35, at end insert—

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

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.

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.””