FIFTHTEENTH 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—
Schedules 1 to 8
| Schedules 10 and 11
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[Amendments marked * are new or have been altered]
Schedule 1
LORD ROOKER
108 |
Page 20, line 1, leave out “may take whatever steps they think appropriate to” and insert “must”
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LORD LOW OF DALSTON
109 |
Page 20, line 1, leave out “may” and insert “must”
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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”
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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.”
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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.”
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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.”
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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”
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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.”
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LORD MCNALLY
110A |
Page 20, line 13, leave out “appointed under section 8 of the 1983 Act”
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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.”
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110C |
Page 24, line 30, after “account” insert “of a counting officer or Regional Counting Officer”
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110D |
Page 24, line 36, after “Officer” insert “or the Chief Counting Officer”
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110E |
Page 24, line 42, at end insert “or the Chief Counting Officer”
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LORD ROOKER
111 |
Page 26, line 1, leave out paragraph 23
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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””
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LORD CAMPBELL-SAVOURS
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Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 1 be the First Schedule to the Bill.
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Schedule 2
LORD FOULKES OF CUMNOCK
112A |
Page 29, line 8, leave out “25th” and insert “30th”
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112B |
Page 29, line 11, leave out “15th” and insert “20th”
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112C |
Page 29, line 14, leave out “7 am and 10 pm” and insert “6 am and 11 pm”
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LORD ROOKER
113 |
Page 29, line 14, leave out “10” and insert “11”
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LORD LOW OF DALSTON
114 |
Page 29, line 37, at end insert—
“( ) the accessibility of polling stations for disabled voters”
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LORD ROOKER
115 |
Page 32, line 24, at end insert “but no polling station shall be allocated more than 1050 electors”
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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.”
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LORD MCNALLY
116A |
Page 33, line 1, leave out from “with” to second “or” in line 2 and insert “paragraph (3) or (4),”
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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.”
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118 |
Page 34, line 15, leave out “may” and insert “must”
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119 |
Page 34, line 17, at end insert “including information regarding the accessibility for disabled voters of the allocated polling place”
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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”
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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”.”
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122 |
Page 38, line 37, leave out “anyone present” and insert “the first elector”
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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.”
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122A |
Page 57, leave out line 28
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LORD CAMPBELL-SAVOURS
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Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 2 be the Second Schedule to the Bill.
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Schedule 3
LORD MCNALLY
122B |
Page 76, leave out line 12
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122C |
Page 85, leave out line 38
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LORD CAMPBELL-SAVOURS
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Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 3 be the Third Schedule to the Bill.
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Schedule 4
LORD MCNALLY
122D |
Page 114, line 24, after “lists” insert “and provide any subsequent revised lists or revisions to the lists”
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LORD CAMPBELL-SAVOURS
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Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 4 be the Fourth Schedule to the Bill.
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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.”
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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.”
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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.”
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LORD CAMPBELL-SAVOURS
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Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 5 be the Fifth Schedule to the Bill.
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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.”
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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.”
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LORD CAMPBELL-SAVOURS
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Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 6 be the Sixth Schedule to the Bill.
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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.”
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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.”
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LORD CAMPBELL-SAVOURS
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Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 7 be the Seventh Schedule to the Bill.
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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.”
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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.”
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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.”
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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.”
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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”.
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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.”
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122S |
Page 274, line 29, leave out “spoilt”
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LORD CAMPBELL-SAVOURS
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Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 8 be the Eighth Schedule to the Bill.
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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.””
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124 |
Page 297, line 35, at end insert—
“Remember, candidates’ names are listed in reverse alphabetical order.”
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LORD CAMPBELL-SAVOURS
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Lord Campbell-Savours gives notice of his intention to oppose the Question that Schedule 10 be the Tenth Schedule to the Bill.
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Schedule 11
LORD CAMPBELL-SAVOURS
125 |
Page 300, line 31, leave out from beginning to end of line 13 on page 301
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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.””
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