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


SIXTEENTH
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 4 to 8
Schedules 10 and 11

[Amendments marked * are new or have been altered]

Schedule 4

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.””