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Parliamentary Voting System and Constituencies Bill


Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 4 — The 2008 Regulations (Northern Ireland)

133

 
 

Provision

Modification

 
 

Regulation 75 (notice of

In paragraphs (1) and (2)—

 
 

issue of postal ballot papers)

(a)   

for “returning officer” substitute “counting

 
  

officer”;

 
  

(b)   

for “candidate” (in each place) substitute

 

5

  

“referendum agent”.

 
 

Regulation 76 (procedure on

In paragraph (5)(b), for “section 9(9) of the 1985

 
 

issue of postal ballot papers)

Act” substitute “paragraph 19(6) of Schedule 3 to

 
  

the Parliamentary Voting System and

 
  

Constituencies Act 2011”.

 

10

 

Regulation 77 (refusal to

For “returning officer” substitute “counting

 
 

issue postal ballot paper)

officer”.

 
 

Regulation 78 (envelopes)

In paragraph (1), for “rule 24 of the elections rules”

 
  

substitute “rule 12 of the referendum rules”.

 
 

Regulation 79 (sealing up of

For “returning officer” (in each place) substitute

 

15

 

completed corresponding

“counting officer”.

 
 

number lists)

  
 

Regulation 80 (delivery of

In paragraph (1)—

 
 

postal ballot papers)

(a)   

for “returning officer” substitute “counting

 
  

officer”;

 

20

  

(b)   

in sub-paragraph (c), for “rule 26(1) of the

 
  

elections rules” substitute “rule 14 of the

 
  

referendum rules”.

 
  

In paragraph (2), for “returning officer” substitute

 
  

“counting officer”.

 

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Regulation 81 (spoilt postal

For “returning officer” (in each place) substitute

 
 

ballot papers)

“counting officer”.

 
 

Regulation 82 (notice of

In paragraph (1)—

 
 

opening of postal ballot

(a)   

for “returning officer” substitute “counting

 
 

paper envelopes)

officer”;

 

30

  

(b)   

for “candidate” substitute “referendum

 
  

agent”.

 
  

In paragraph (2), for “candidate” substitute

 
  

“referendum agent”.

 
 

Regulation 83 (postal ballot

For “returning officer” (in each place) substitute

 

35

 

boxes and receptacles)

“counting officer”.

 
  

In paragraph (2), for the words “constituency for

 
  

which the election is held” substitute “voting area”.

 
  

In paragraph (4), after “lock the postal ballot box”

 
  

insert “(if it has a lock)”.

 

40

 

Regulation 84 (receipt of

For “returning officer” substitute “counting

 
 

covering envelope)

officer”.

 
 
 

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 4 — The 2008 Regulations (Northern Ireland)

134

 
 

Provision

Modification

 
 

Regulation 85 (opening of

In paragraphs (1) and (2), for “returning officer”

 
 

postal voters’ ballot box)

substitute “counting officer”.

 
  

In paragraph (3), for “rule 45 of the elections rules”

 
  

substitute “rule 40 of the referendum rules”.

 

5

 

Regulation 86 (opening of

For “returning officer” (in each place) substitute

 
 

covering envelopes)

“counting officer”.

 
  

After paragraph (4) insert—

 
  

“(5)   

Where an envelope opened in accordance

 
  

with paragraph (1) contains a declaration of

 

10

  

identity (whether separate or not), the

 
  

counting officer must place a mark in the

 
  

marked copy of the postal voters list or the

 
  

proxy postal voters list in a place

 
  

corresponding to the number of the elector

 

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to denote that a postal vote has been

 
  

returned.

 
  

(6)   

A mark made under paragraph (5) must be

 
  

distinguishable from and must not obscure

 
  

the mark made under regulation 76.

 

20

  

(7)   

As soon as practicable after the last covering

 
  

envelope has been opened, the counting

 
  

officer must make up into a packet the copy

 
  

of the postal voters list and the proxy postal

 
  

voters list that has been marked in

 

25

  

accordance with paragraph (5) and must

 
  

seal the packet.”

 
 

Regulation 87 (procedure in

For “returning officer” (in each place) substitute

 
 

relation to declarations of

“counting officer”.

 
 

identity)

  

30

  

In paragraph (1)(b), for “rule 45(2)(b) and (2A) of

 
  

the elections rules)” substitute “rule 40(4)(b) and (5)

 
  

of the referendum rules”.

 
 

Regulation 88 (opening of

In paragraph (1), for “returning officer” substitute

 
 

ballot paper envelopes)

“counting officer”.

 

35

 

Regulation 89 (sealing of

For “returning officer” substitute “counting

 
 

receptacles)

officer”.

 
 
 

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 4 — The 2008 Regulations (Northern Ireland)

135

 
 

Provision

Modification

 
 

Regulation 91 (forwarding of

For paragraph (1) substitute—

 
 

documents)

    “(1)  

The Chief Electoral Officer for Northern

 
  

Ireland shall retain, together with the

 
  

documents mentioned in rule 50 of the

 

5

  

referendum rules—

 
  

(a)   

any packets referred to in

 
  

regulations 79, 81(5) and 89,

 
  

endorsing on each packet a

 
  

description of its contents, the

 

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date of the referendum and the

 
  

name of the voting area; and

 
  

(b)   

a completed statement in Form

 
  

N.”

 
 

In paragraph (2), for “returning officer” (in both

 

15

  

places) substitute “counting officer”.

 
 

In paragraph (3), for “Rules 56 and 57 of the

 
  

elections rules” substitute “Rules 51 and 52 of the

 
  

referendum rules”.

 
 

Regulation 115

In paragraph (1), for “rule 57(1A) of the elections

 

20

 

(interpretation of Part 7)

rules” substitute “rule 50(1)(b) of the referendum

 
  

rules”.

 
 

Regulation 116 (supply of

In paragraph (1)—

 
 

marked registers and lists

(a)   

for the words from “regulation 99” to “local

 
 

after an election)

government election” substitute

 

25

  

“regulations 99, 105, 107 or 111, with copies

 
  

of the full register”;

 
  

(b)   

at the end insert—

 
  

   

“The reference to a person entitled to be

 
  

supplied in accordance with regulation 105

 

30

  

with copies of the full register does not

 
  

include a person mentioned in regulation

 
  

105(1)(b).”

 
  

In paragraph (2)—

 
  

(a)   

for the words from “regulation 102” to

 

35

  

“particular election” substitute “regulation

 
  

105(1)(a) or (c) applies before the

 
  

referendum”;

 
  

(b)   

for “that election” substitute “the

 
  

referendum”.

 

40

  

In paragraph (6)(b), for “regulations 99, 102, 104,

 
  

105, 106, 107 or 111” substitute “regulations 99, 105,

 
  

107 and 111”.

 
 

Regulation 117 (inspection of

In paragraph (1)(b), for “an election” substitute “the

 
 

documents open to public

referendum”.

 

45

 

inspection)

  
 
 

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 1 — Provision about combination

136

 
 

Provision

Modification

 
 

Regulation 118 (conditions

In paragraph (2) omit “either” and at the end insert

 
 

on the use, supply and

“or any purpose in connection with the

 
 

disclosure of documents

referendum”.

 
 

open to public inspection)

  

5

 

Regulation 119 (fees relating

  
 

to the supply of marked

  
 

registers and lists)

  
 

In Schedule 3, Form N

For the heading substitute “REFERENDUM ON

 
  

THE VOTING SYSTEM FOR UNITED

 

10

  

KINGDOM PARLIAMENTARY

 
  

ELECTIONS”.

 
  

For “constituency” substitute “voting area”.

 
  

For “returning officer” (in each place) substitute

 
  

“counting officer”.

 

15

 

Schedule 5

Section 4

 

Combination of polls: England

Part 1

Provision about combination

General provisions

20

Interpretation

1     (1)  

An election or local referendum the poll for which is, under section 4(1), to

be taken together with the poll for the referendum under section 1 is referred

to in this Schedule as a “relevant election”.

      (2)  

The polls to be taken together are referred to in this Schedule as “combined

25

polls”.

      (3)  

In relation to a local referendum, expressions used in this Part of this

Schedule are to be construed in accordance with the following table.

 

Expression

Meaning

 
 

“Counting agent”

Counting observer as defined by

 

30

  

regulation 2(1) of the Local Authorities

 
  

(Conduct of Referendums) (England)

 
  

Regulations 2007 (S.I. 2007/2089).

 
 

“Election agent”

Counting observer as defined by that

 
  

regulation.

 

35

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 1 — Provision about combination

137

 
 

Expression

Meaning

 
 

“Polling agent”

Polling observer as defined by that

 
  

regulation.

 
 

“Returning officer”

Counting officer as defined by that

 
  

regulation.

 

5

 

“Elector”

Voter as defined by rule 2(1) of the Local

 
  

Referendums (Combination of Polls)

 
  

Rules.

 
 

2          

In this Schedule—

“counting agent” means a counting agent for the referendum or a

10

counting agent for a relevant election (except where one or other is

specified);

“local authority” means—

(a)   

a county council in England;

(b)   

a district council;

15

(c)   

a London borough council;

(d)   

a parish council;

“Local Elections (Combination of Polls) Rules” means the rules set out

in Schedule 3 to the Local Elections (Principal Areas) (England and

Wales) Rules 2006 (S.I. 2006/3304);

20

“local referendum” means a referendum held in England under Part 2

of the Local Government Act 2000;

“Local Referendums (Combination of Polls) Rules” means the rules set

out in Schedule 5 to the Local Authorities (Conduct of Referendums)

(England) Regulations 2007 (S.I. 2007/2089);

25

“Mayoral Elections (Combination of Polls) Rules” means the rules set

out in Schedule 3 to the Local Authorities (Mayoral Elections)

(England and Wales) Regulations 2007 (S.I. 2007/1024);

“Parish Elections (Combination of Polls) Rules” means the rules set out

in Schedule 3 to the Local Elections (Parishes and Communities)

30

(England and Wales) Rules 2006 (S.I. 2006/3305).

Functions to be performed by counting officer

3     (1)  

The specified functions of a returning officer for a relevant election are to be

carried out instead by the counting officer for the voting area in which the

relevant election is to be held.

35

      (2)  

The specified functions are those specified in regulation 5 of the

Representation of the People (Combination of Polls) (England and Wales)

Regulations 2004 (S.I. 2004/294) (so far as relating to relevant elections).

      (3)  

This paragraph applies instead of regulation 4 of those regulations so far as

it relates to the functions of returning officers.

40

Attendance and conduct of observers

4          

Section 6E of the 2000 Act has effect as if for subsection (4) there were

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 1 — Provision about combination

138

 

substituted—

“(4)   

A relevant officer is—

(a)   

in the case of proceedings at a polling station, the presiding

officer;

(b)   

in the case of any other proceedings at the issue or receipt of

5

postal ballot papers, the relevant returning or counting

officer within the meaning of regulation 64 of the

Representation of the People (England and Wales)

Regulations 2001 (S.I. 2001/341);

(c)   

in the case of any proceedings at the counting of votes, the

10

counting or returning officer responsible for counting the

votes under paragraph 44(1) or (3) of Schedule 5 to the

Parliamentary Voting System and Constituencies Act 2011;

(d)   

in the case of any proceedings not mentioned in paragraph

(a), (b) or (c), the counting officer for the referendum on the

15

voting system for United Kingdom parliamentary elections;

(e)   

such other person as a person mentioned in paragraph (a),

(b), (c) or (d) authorises for the purposes of the proceedings

mentioned in that paragraph.”

Cost of combined polls

20

5          

The cost of taking the combined polls (excluding any cost solely attributable

to the referendum or to a particular relevant election), and any cost

attributable to their combination, is to be apportioned equally among them.

6     (1)  

In section 36 of the 1983 Act (local authority elections), subsections (4), (5)

and (6) apply—

25

(a)   

as if a reference to a returning officer included a reference to a

counting officer carrying out functions that, but for this Schedule,

would be exercisable by a returning officer (“transferred functions”),

and

(b)   

as if, in relation to that counting officer, a reference to expenditure or

30

expenses were to expenditure or expenses in respect of transferred

functions.

      (2)  

In fixing a scale under subsection (4) or (5) of that section a local authority

may include special provision in respect of expenditure incurred by a

counting officer in carrying out transferred functions (including expenditure

35

incurred in respect of the remuneration of presiding officers or clerks).

Application of other provisions about combination of polls

7     (1)  

The following regulations have effect as if a reference to “a relevant election

or referendum” included a reference to the referendum under section 1.

      (2)  

The regulations are—

40

(a)   

the Local Elections (Principal Areas) (England and Wales) Rules

2006;

(b)   

the Local Elections (Parishes and Communities) (England and

Wales) Rules 2006;

(c)   

the Local Authorities (Conduct of Referendums) (England)

45

Regulations 2007;

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 5 — Combination of polls: England
Part 1 — Provision about combination

139

 

(d)   

the Local Authorities (Mayoral Elections) (England and Wales)

Regulations 2007.

      (3)  

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.

5

      (4)  

In relation to the referendum, expressions used in the regulations are to be

construed in accordance with the following table.

 

Expression

Meaning

 
 

“Counting agent”

Counting agent appointed

 
  

under rule 18 of the

 

10

  

referendum rules.

 
 

“Election agent”

Counting agent appointed

 
  

under rule 18 of the

 
  

referendum rules.

 
 

“Polling agent”

Polling agent appointed under

 

15

  

rule 18 of the referendum

 
  

rules.

 
 

“Voting area”

Voting area as defined by

 
  

section 7.

 

Forms

20

8          

Forms 2, 3, 5, 6 and 8 in Part 3 of this Schedule are “relevant forms” for the

purposes of rule 10 of the referendum rules.

Action to be taken before poll

Corresponding number lists

9     (1)  

This paragraph applies where proceedings on the issue and receipt of postal

25

ballot papers are taken together by virtue of regulation 65 of the

Representation of the People (England and Wales) Regulations 2001.

      (2)  

If the counting officer thinks fit, the lists to be prepared under the following

provisions may be combined in the form set out in Form 1 in Part 3 of this

Schedule—

30

(a)   

rule 6 of the referendum rules;

(b)   

rule 17 of the Local Elections (Combination of Polls) Rules;

(c)   

rule 17 of the Parish Elections (Combination of Polls) Rules;

(d)   

rule 8 of the Local Referendums (Combination of Polls) Rules;

(e)   

rule 19 of the Mayoral Elections (Combination of Polls) Rules.

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      (3)  

In that case, this paragraph applies instead of—

(a)   

rule 6(2) of the referendum rules;

(b)   

rule 17(2) of the Local Elections (Combination of Polls) Rules;

(c)   

rule 17(2) of the Parish Elections (Combination of Polls) Rules;

(d)   

rule 8(3) of the Local Referendums (Combination of Polls) Rules;

40

(e)   

rule 19(2) of the Mayoral Elections (Combination of Polls) Rules.

 
 

 
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Revised 3 February 2011