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


AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Third Marshalled List]

Clause 10

LORD MCNALLY

Page 9, line 7, at end insert—

“( ) In Schedule 1 to the 1986 Act (the Boundary Commissions), in paragraph 5(d) (assessor officers of the Boundary Commission for Northern Ireland)—

(a) for “and the” there is substituted “, the”;

(b) at the end there is inserted “and the Chief Survey Officer of Land and Property Services”.”

Clause 11

LORD MCNALLY

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.”

Schedule 2

LORD MCNALLY

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

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.”

Schedule 4

LORD MCNALLY

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

Schedule 5

LORD MCNALLY

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.”

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.”

Schedule 6

LORD MCNALLY

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.”

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.”

Schedule 7

LORD MCNALLY

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.”

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.”

Schedule 8

LORD MCNALLY

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.”

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.”

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.”

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.”

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”.

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.”

Page 274, line 29, leave out “spoilt”