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Parliamentary Voting System and Constituencies Bill


Parliamentary Voting System and Constituencies Bill
Part 3 — Miscellaneous and general

15

 

2006, or the constitution of the National Assembly for Wales, at

any time before the next general election to the Assembly.”

(7)   

Schedule 1 to the Government of Wales Act 2006, as it applies in accordance

with subsection (5)(b) above, has effect as if—

(a)   

the word “parliamentary” were omitted from paragraph 2(1),

5

and

(b)   

paragraph 10 were omitted.

(8)   

In this section “the Minister” means the Lord President of the Council or the

Secretary of State.

Part 3

10

Miscellaneous and general

14      

Orders

A power under this Act to make an order is exercisable by statutory

instrument.

15      

Repeals

15

Schedule 11 (repeals) has effect.

16      

Financial provisions

(1)   

There is to be paid out of money provided by Parliament any increase

attributable to this Act in the sums payable under any other Act out of money

so provided.

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(2)   

There is to be charged on and paid out of the Consolidated Fund any increase

attributable to this Act in the sums to be charged on and paid out of that Fund

under any other Act.

(3)   

There is to be paid into the Consolidated Fund any increase attributable to this

Act in the sums payable into that Fund under any other Act.

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17      

Extent

This Act extends to the whole of the United Kingdom, except that—

(a)   

Part 1 of Schedule 3 extends only to England and Wales and Scotland;

(b)   

Part 2 of that Schedule extends only to Northern Ireland;

(c)   

an amendment or repeal made by this Act has the same extent as the

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provision amended or repealed.

18      

Commencement

(1)   

Section 9, Schedule 10 and Part 1 of Schedule 11 come into force in accordance

with provision made by an order under section 8(1).

(2)   

The other provisions of this Act come into force on the day on which this Act

35

is passed.

 
 

Parliamentary Voting System and Constituencies Bill
Part 3 — Miscellaneous and general

16

 

19      

Short title

This Act may be cited as the Parliamentary Voting System and Constituencies

Act 2011.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 1 — Further provisions about the referendum

17

 

Schedules

Schedule 1

Section 1

 

Further provisions about the referendum

Referendum period

1          

For the purposes of Part 7 of the 2000 Act the referendum period for the

5

referendum—

(a)   

begins with the day on which this Act is passed, and

(b)   

ends with the date of the poll.

Counting officers

2     (1)  

The counting officer for a voting area that is—

10

(a)   

a district in England,

(b)   

a county in England, or

(c)   

a London borough,

           

is the person who, by virtue of section 35 of the 1983 Act, is the returning

officer for elections of councillors of the district, county or borough.

15

      (2)  

The counting officer for the City of London voting area is the person who,

by virtue of that section, is the returning officer for elections of councillors of

the London borough of Westminster.

      (3)  

The counting officer for the Isles of Scilly voting area is the person who, by

virtue of that section, is the returning officer for elections to the Council of

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the Isles of Scilly.

      (4)  

The counting officer for a voting area in Wales is the person who, by virtue

of provision made under section 13(1)(a) of the Government of Wales Act

2006, is the returning officer for elections of members of the National

Assembly for Wales for the constituency that forms the voting area.

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      (5)  

The counting officer for a voting area in Scotland is the person who, by

virtue of provision made under section 12(1)(a) of the Scotland Act 1998, is

the returning officer for elections of members of the Scottish Parliament for

the constituency that forms the voting area.

      (6)  

The counting officer for the Northern Ireland voting area is the Chief

30

Electoral Officer for Northern Ireland.

Regional Counting Officers

3     (1)  

The Chief Counting Officer may appoint a Regional Counting Officer for

any region in Great Britain.

 

 

Parliamentary Voting System and Constituencies Bill
Schedule 1 — Further provisions about the referendum

18

 

      (2)  

For the purposes of this paragraph the regions are—

East Midlands;

Eastern;

London;

North East;

5

North West;

South East;

South West;

West Midlands;

Yorkshire and the Humber;

10

Scotland;

Wales.

           

The regions in England comprise the areas specified in the Table in

Schedule 1 to the European Parliamentary Elections Act 2002 (ignoring

paragraph 2(2) of that Schedule and the references to Gibraltar) as it has

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effect for the time being.

Assistance to counting officers etc

4     (1)  

A local authority whose area forms, or forms part of, a particular voting area

must place the services of their officers at the disposal of—

(a)   

the counting officer for the voting area, and

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(b)   

the Regional Counting Officer (if any) appointed for the region that

includes the voting area,

           

for the purpose of assisting the officer in the discharge of his or her

functions.

      (2)  

In this paragraph “local authority”—

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(a)   

in the case of a voting area that is a district or county in England, or

a London borough, means the council for that district, county or

borough;

(b)   

in the case of the City of London voting area, means the Common

Council of the City of London;

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(c)   

in the case of the Isles of Scilly voting area, means the Council of the

Isles of Scilly;

(d)   

in the case of a voting area in Wales, means the council of a county or

county borough;

(e)   

in the case of a voting area in Scotland, means the council of a local

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government area.

General duties of counting officers etc

5     (1)  

The Chief Counting Officer, Regional Counting Officers and counting

officers must do whatever things are necessary for conducting the

referendum in the manner provided by this Part.

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      (2)  

The counting officer for a voting area is responsible, as regards that area,

for—

(a)   

the conduct of the poll,

(b)   

(subject to sub-paragraph (3)) the printing of the ballot papers,

(c)   

the issue and receipt of postal ballot papers for persons entitled to

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vote on their own behalf in the referendum and for their proxies,

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 1 — Further provisions about the referendum

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(d)   

the verification of the statements made under rule 38(6) of the

referendum rules (ballot paper accounts), and

(e)   

the counting of the votes cast.

      (3)  

Responsibility for the printing of the ballot papers for a voting area may be

taken—

5

(a)   

by the Chief Counting Officer;

(b)   

in the case of a voting area in a region for which a Regional Counting

Officer is appointed, by the Chief Counting Officer or the Regional

Counting Officer.

           

The Chief Counting Officer or Regional Counting Officer may direct the

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counting officer concerned accordingly.

      (4)  

In the case of a region for which a Regional Counting Officer is appointed,

the officer must certify as regards the votes cast in the region—

(a)   

the total number of ballot papers counted, and

(b)   

the total number of votes cast in favour of each answer to the

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question asked in the referendum.

           

Where two or more forms of ballot paper are used in the referendum, a

separate number must be certified under paragraph (a) in relation to each

form of ballot paper used.

      (5)  

The Chief Counting Officer may give Regional Counting Officers or

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counting officers—

(a)   

directions about the discharge of their functions;

(b)   

directions requiring them to take specified steps in preparation for

the referendum;

(c)   

directions requiring them to provide the Chief Counting Officer with

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information that they have or are entitled to have.

      (6)  

A Regional Counting Officer for a region may give counting officers for

voting areas within that region—

(a)   

directions about the discharge of their functions;

(b)   

directions requiring them to take specified steps in preparation for

30

the referendum;

(c)   

directions requiring them to provide the Regional Counting Officer

with information that they have or are entitled to have.

      (7)  

A power under this paragraph of a Regional Counting Officer to give a

direction to a counting officer is exercisable only in accordance with a

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specific or general authorisation or direction given by the Chief Counting

Officer.

      (8)  

A person to whom a direction is given under this paragraph must comply

with it.

      (9)  

This paragraph applies in addition to section 128 of the 2000 Act (Chief

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Counting Officers, and counting officers, for referendums).

     (10)  

The number of ballot papers or votes purportedly certified under this

paragraph or section 128 of the 2000 Act is not liable to be questioned by

reason of a defect in the title, or a lack of title, of any person purporting to

exercise functions in relation to the referendum, if the person was then in

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actual possession of, or acting in, the office giving the right to exercise the

functions.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 1 — Further provisions about the referendum

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Appointment of deputies and clerks

6     (1)  

The Chief Counting Officer or a Regional Counting Officer or counting

officer may appoint deputies to carry out any or all of the officer’s functions.

      (2)  

An appointment under sub-paragraph (1) must be in writing.

      (3)  

A Regional Counting Officer may appoint however many clerks are

5

necessary to assist in carrying out the officer’s functions.

Counting officers etc: correction of procedural errors

7     (1)  

A Regional Counting Officer or counting officer may take whatever steps the

officer thinks appropriate to remedy any act or omission on the part of the

officer or a relevant person that—

10

(a)   

arises in connection with any function that the officer or relevant

person has in relation to the referendum, and

(b)   

is not in accordance with the referendum rules or any other

requirements applicable to the referendum.

      (2)  

But a counting officer may not under this paragraph conduct a re-count of

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the votes once a direction has been given under rule 43(3)(b) of the

referendum rules.

      (3)  

The relevant persons are—

(a)   

a registration officer;

(b)   

a presiding officer appointed under rule 14 of the referendum rules;

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(c)   

a clerk of, or a person providing goods or services to, the Regional

Counting Officer or the counting officer;

(d)   

a deputy or assistant of—

(i)   

the Regional Counting Officer or the counting officer, or

(ii)   

a person mentioned in paragraph (a), (b) or (c).

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      (4)  

For the purposes of sub-paragraph (3)(d) a person (“A”) is an assistant of

another person (“P”) if—

(a)   

A is appointed to assist P, or

(b)   

in the course of employment A is assisting P,

           

in connection with any function in relation to the referendum.

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Public notices

8          

A public notice required by this Part to be given by the Chief Counting

Officer, a Regional Officer or a counting officer must be given—

(a)   

by posting the notice in some conspicuous place in the area or region

for which the officer acts, or

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(b)   

in whatever other manner the officer thinks desirable for publicising

it.

Role of Electoral Commission

9     (1)  

The Electoral Commission must take whatever steps they think appropriate

to promote public awareness about the referendum and how to vote in it.

40

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 1 — Further provisions about the referendum

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      (2)  

The Electoral Commission may take whatever steps they think appropriate

to provide, for persons entitled to vote in the referendum, information about

each of the two voting systems referred to in the referendum question.

Encouraging participation

10    (1)  

The Chief Counting Officer must take whatever steps the officer thinks

5

appropriate to encourage participation in the referendum.

      (2)  

An officer to whom sub-paragraph (3) applies must take whatever steps the

officer thinks appropriate to encourage participation in the referendum in

the area or region for which the officer acts.

      (3)  

This sub-paragraph applies to—

10

(a)   

a Regional Counting Officer;

(b)   

a counting officer;

(c)   

a registration officer.

      (4)  

In discharging the duty imposed by sub-paragraph (1) or (2) an officer must

have regard to any guidance issued by the Electoral Commission.

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      (5)  

The Minister may reimburse any expenditure incurred by an officer for the

purposes of sub-paragraph (1) or (2).

Referendum agents

11         

A permitted participant may, for any voting area, appoint an individual

(who may be the responsible person) to act as the permitted participant’s

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agent (“referendum agent”).

12    (1)  

This paragraph applies if a permitted participant appoints a referendum

agent for a voting area.

      (2)  

The responsible person must give the counting officer for the area

notification of the name and home or business address of—

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(a)   

the permitted participant, and

(b)   

the referendum agent.

      (3)  

The notification must be given before noon on the 16th day before the date

of the poll, disregarding for this purpose—

(a)   

Saturdays and Sundays,

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(b)   

Good Friday and any other day that is a bank holiday under the

Banking and Financial Dealings Act 1971 in any part of the United

Kingdom, and

(c)   

any day appointed as a day of public thanksgiving or mourning.

      (4)  

The notification must be in writing and signed by the responsible person.

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      (5)  

The duties imposed on a responsible person by this paragraph may be

discharged by any person authorised in writing by the responsible person.

13    (1)  

This paragraph applies if a counting officer is notified under paragraph 12

that a permitted participant has appointed a referendum agent.

      (2)  

The counting officer must as soon as practicable give public notice of—

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(a)   

the name and address of the referendum agent, and

(b)   

the name of the permitted participant.

 
 

 
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Revised 3 February 2011