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Parliamentary Voting System and Constituencies Bill


Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 1 — Provision about combination

216

 

Schedule 7

Section 4

 

Combination of polls: Scotland

Part 1

Provision about combination

General provisions

5

Interpretation

1          

The polls to be taken together under section 4(3) are referred to in this

Schedule as “combined polls”.

2          

In this Schedule—

“the 2010 Order” means the Scottish Parliament (Elections etc.) Order

10

2010;

“constituency ballot paper” means a ballot paper for the poll for

electing a constituency member in a Scottish parliamentary election;

“constituency returning officer” is to be construed in accordance with

Article 14 of the 2010 Order;

15

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

counting agent for a Scottish parliamentary election (except where

one or other is specified);

“regional ballot paper” means a ballot paper for the poll for electing a

regional member in a Scottish parliamentary election;

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“referendum ballot paper” means a ballot paper for the referendum;

“regional returning officer” has the meaning given by section 12(6) of

the Scotland Act 1998;

“returning officer” means a person who is a constituency returning

officer or a regional returning officer (unless one or other is

25

specified);

“Scottish parliamentary election” means an election in a constituency

held under section 2 of the Scotland Act 1998 (comprising the poll for

electing a constituency member and the poll for electing regional

members);

30

“Scottish Parliamentary Election Rules” means the rules set out in

Schedule 2 to the 2010 Order.

Cost of combined polls

3          

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

to the referendum or the Scottish parliamentary election), and any cost

35

attributable to their combination, is to be apportioned equally between—

(a)   

the referendum, and

(b)   

the Scottish parliamentary election.

4     (1)  

In section 29 of the 1983 Act (payments by and to returning officer) as it has

effect for the purposes of a Scottish parliamentary election by virtue of

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Article 18 of the 2010 Order, subsections (3) to (9) apply—

(a)   

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

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

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 1 — Provision about combination

217

 

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

and

(b)   

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

expenses were to services rendered or expenses incurred in respect

of transferred functions.

5

      (2)  

An order under subsection (3)(b) of that section (as it has effect as mentioned

above) may include special provision for services rendered or expenses

incurred by a counting officer in respect of transferred functions.

      (3)  

Article 19 of the 2010 Order (taxation of returning officer’s accounts) applies

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

10

officer carrying out transferred functions.

Forms

5          

Forms 2, 3, 4, 6, 7 and 9 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

15

Corresponding number lists

6     (1)  

This paragraph applies 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.

      (2)  

The function of the constituency returning officer under rule 29 of the

20

Scottish Parliamentary Election Rules is to be carried out by the counting

officer.

      (3)  

If the counting officer thinks fit, the lists prepared under rule 29 of the

Scottish Parliamentary Election Rules and rule 6 of the referendum rules

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

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      (4)  

In that case, this paragraph applies instead of—

(a)   

rule 6(2) of the referendum rules;

(b)   

rule 29(2) of the Scottish Parliamentary Election Rules.

7     (1)  

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

ballot papers are not taken together by virtue of paragraph 2 of Schedule 4

30

to the 2010 Order.

      (2)  

The counting officer must prepare a list under sub-paragraph (3) or (4) as the

officer thinks fit.

      (3)  

A list under this sub-paragraph is a list containing the numbers and other

unique identifying marks of all of the ballot papers to be provided to

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presiding officers in pursuance of rule 38(1) of the Scottish Parliamentary

Election Rules.

           

The list must be in form Z set out in the Appendix to those Rules.

      (4)  

A list under this sub-paragraph is a list containing the numbers and other

unique identifying marks of all of the ballot papers to be provided to

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presiding officers in pursuance of the following provisions—

(a)   

rule 17(1) of the referendum rules;

(b)   

rule 38(1) of the Scottish Parliamentary Election Rules.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 1 — Provision about combination

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The list must be in the form set out in Form 1 in Part 3 of this Schedule.

      (5)  

A list prepared under rule 29 of the Scottish Parliamentary Election Rules

must not include details relating to ballot papers in relation to which a list is

prepared under sub-paragraph (3) or (4).

      (6)  

A reference in an enactment to a list prepared under rule 29 of the Scottish

5

Parliamentary Election Rules has effect, in so far as it relates to ballot papers

to be provided in pursuance of rule 38(1) of those rules, as a reference to the

list prepared under sub-paragraph (3) or (4).

      (7)  

Where the counting officer prepares a list under sub-paragraph (4) in

relation to ballot papers —

10

(a)   

the list prepared under rule 6 of the referendum rules must not

include details relating to those ballot papers;

(b)   

a reference in an enactment to a list prepared under rule 6 of the

referendum rules has effect, in so far as it relates to ballot papers to

be provided in pursuance of rule 17(1) of the referendum rules, as a

15

reference to the list prepared under sub-paragraph (4).

Notice of polling stations

8          

The functions of the constituency returning officer under rule 33(2) of the

Scottish Parliamentary Election Rules are to be carried out by the counting

officer.

20

9     (1)  

The notice given by a constituency returning officer under rule 33(2) of the

Scottish Parliamentary Election Rules must—

(a)   

state that the poll at the Scottish parliamentary election is to be taken

together with the poll for the referendum;

(b)   

specify the relevant voting area.

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      (2)  

The notice given by a counting officer under rule 11(3) of the referendum

rules must—

(a)   

state that the poll for the referendum is to be taken together with the

polls for the relevant Scottish parliamentary election, and

(b)   

specify the relevant constituency.

30

Postal voting

10    (1)  

This paragraph applies 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.

      (2)  

The functions of the constituency returning officer under rule 34 of the

35

Scottish Parliamentary Election Rules are to be carried out by the counting

officer.

      (3)  

The form of postal voting statement to be issued to those entitled to vote by

post in the referendum and in the Scottish parliamentary election must be in

the form set out in Form 2 in Part 3 of this Schedule.

40

      (4)  

Where that form is used, this paragraph applies instead of any requirement

in the following provisions for a postal voting statement to be in a particular

form.

      (5)  

The provisions are—

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 1 — Provision about combination

219

 

(a)   

rule 12(1)(b) of the referendum rules;

(b)   

rule 34(1) of the Scottish Parliamentary Election Rules.

11    (1)  

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

ballot papers are not taken together by virtue of paragraph 2 of Schedule 4

to the 2010 Order.

5

      (2)  

The form of postal voting statement to be issued to those entitled to vote by

post in the referendum must be in the form set out in Form 3 in Part 3 of this

Schedule.

      (3)  

Sub-paragraph (2) applies instead of the requirement in rule 12(1)(b) of the

referendum rules for a postal voting statement to be in a particular form.

10

      (4)  

The form of postal voting statement to be issued to those entitled to vote in

the Scottish parliamentary election must be in the form set out in Form 4 in

Part 3 of this Schedule.

      (5)  

Sub-paragraph (4) applies instead of the requirement in rule 34(1) of the

Scottish Parliamentary Election Rules for a postal voting statement to be in

15

a particular form.

Polling stations

12         

The functions of the constituency returning officer under rule 35 of the

Scottish Parliamentary Election Rules are to be carried out by the counting

officer.

20

13         

The referendum polling stations are to be used for the combined polls.

Appointment of presiding officers and clerks

14         

The functions of the constituency returning officer under the following

paragraphs of rule 36 of the Scottish Parliamentary Election Rules are to be

carried out by the counting officer—

25

(a)   

paragraph (1) so far as it relates to the appointment of presiding

officers and clerks;

(b)   

paragraph (2).

Official poll cards

15    (1)  

If the counting officer thinks fit, the official poll cards used for the

30

referendum and the Scottish parliamentary election may be combined.

      (2)  

In that case, the forms required to be used for official poll cards for the

referendum and election must be adapted in whatever manner seems

necessary.

Equipment of polling stations

35

16         

The functions of the constituency returning officer under rule 38 of the

Scottish Parliamentary Election Rules are to be carried out by the counting

officer.

17    (1)  

If the counting officer thinks fit, the same ballot box may be used at the polls

for the referendum and the Scottish parliamentary election (in which case

40

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 1 — Provision about combination

220

 

the requirement for separate ballot boxes in rule 38(1) of the Scottish

Parliamentary Election Rules does not apply).

      (2)  

Where separate ballot boxes are used, each must be clearly marked—

(a)   

to show whether it is for referendum ballot papers, constituency

ballot papers or regional ballot papers, and

5

(b)   

to show the colour of ballot papers that should be placed in it.

Colour of ballot papers

18         

The referendum ballot papers must be of a different colour from the colour

of the constituency ballot papers or the regional ballot papers.

Form of corresponding number lists provided to polling stations

10

19    (1)  

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

provisions may be combined in the form set out in Form 5 in Part 3 of this

Schedule—

(a)   

rule 17(3)(d) of the referendum rules;

(b)   

rule 38(3)(d) of the Scottish Parliamentary Election Rules.

15

      (2)  

In that case, this paragraph applies instead of the second sentence in rule

17(3) of the referendum rules.

Ballot paper displayed in polling stations

20    (1)  

The large version of the ballot paper displayed inside the polling station

under rule 17(4)(a) of the referendum rules must be of the same colour as the

20

ballot papers to be used for the referendum.

      (2)  

The enlarged sample copy of the constituency ballot paper displayed at the

polling station under rule 38(4)(a) of the Scottish Parliamentary Election

Rules, and the enlarged sample copy of the regional ballot paper displayed

under that rule, must be of the same colour as the actual ballot papers.

25

Guidance to be exhibited outside and inside polling stations

21    (1)  

A notice in the form set out in Form 6 in Part 3 of this Schedule, giving

directions for the guidance of voters in voting, must be printed in

conspicuous characters and exhibited outside and inside every polling

station.

30

      (2)  

This paragraph applies instead of—

(a)   

rule 17(6) of the referendum rules;

(b)   

rule 38(11) of the Scottish Parliamentary Election Rules.

Guidance to be exhibited in each polling station compartment

22    (1)  

A notice in the form set out in Form 7 in Part 3 of this Schedule, giving

35

directions for the guidance of voters in voting, must be exhibited in every

compartment of every polling station.

      (2)  

This paragraph applies instead of—

(a)   

rule 17(7) of the referendum rules;

(b)   

rule 38(12) of the Scottish Parliamentary Election Rules.

40

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 1 — Provision about combination

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Notice of appointment of polling and counting agents

23         

A notice required to be given to a constituency returning officer under

rule 39(4), (5) or (6) of the Scottish Parliamentary Election Rules is to be given

instead to the counting officer.

Notification of requirement of secrecy

5

24         

The functions of the constituency returning officer under rule 40(1) of the

Scottish Parliamentary Election Rules are to be carried out by the counting

officer.

The poll

Admission to the polling station

10

25    (1)  

Rule 21(1) of the referendum rules has effect as if the persons listed there

included persons who would be entitled to be admitted to the polling station

for a Scottish parliamentary election if the poll for the election were held on

its own.

      (2)  

Rule 41(1) of the Scottish Parliamentary Election Rules has effect as if the

15

persons listed there included persons who would be entitled to be admitted

to the polling station for the referendum if the poll for the referendum were

held on its own.

Voting by persons on duty on day of poll

26    (1)  

Paragraph 2(5) of Schedule 3 has effect as if in the words after paragraph (b)

20

the reference to any polling station were to any polling station in the same

voting area as the allotted polling station.

      (2)  

A certificate as to employment on duty on the day of the poll for the

referendum must be in the form set out in Form 8 in Part 3 of this Schedule.

      (3)  

Sub-paragraph (2) applies instead of rule 21(4)(b) of the referendum rules.

25

27         

The returning officer’s function of signing certificates as to employment

under rule 41(4) of the Scottish Parliamentary Election Rules is to be carried

out by the counting officer.

Removal from polling station

28         

The constituency returning officer’s function under rule 42(2)(b) of the

30

Scottish Parliamentary Election Rules of authorising someone to remove a

person from a polling station is to be carried out by the counting officer.

Voting procedure: copies of registers and lists of proxies

29    (1)  

If the counting officer thinks fit, the same copy of the register of electors may

be used under the following provisions for the purposes of the referendum

35

and the Scottish parliamentary election—

(a)   

rule 28(2) of the referendum rules;

(b)   

rule 46(2) of the Scottish Parliamentary Election Rules.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 7 — Combination of polls: Scotland
Part 1 — Provision about combination

222

 

      (2)  

Sub-paragraphs (3) and (4) apply where the same copy of the register is used

as mentioned in sub-paragraph (1).

      (3)  

In a case where a referendum ballot paper, and a constituency ballot paper

and regional ballot paper, are delivered at the same time, a single mark must

be placed in the register against the number of the elector under—

5

(a)   

rule 28(2)(c) of the referendum rules, and

(b)   

rule 46(2)(c) of the Scottish Parliamentary Election Rules.

      (4)  

In any other case, a mark must be placed in the register against the number

of the elector identifying the poll to which each ballot paper delivered

relates.

10

      (5)  

In the case of an elector who is added to the register in pursuance of a notice

issued under section 13B(3B) or (3D) of the 1983 Act—

(a)   

references in this paragraph to the copy of the register of electors are

to be read as references to the copy of the notice;

(b)   

references to a mark being placed in the register of electors are to be

15

read as references to a mark being made on the copy of the notice.

      (6)  

Where the same copy of the register is used as mentioned in sub-paragraph

(1), this paragraph applies instead of rule 46(6) of the Scottish Parliamentary

Election Rules except so far as it relates to the list of proxies.

30    (1)  

If the counting officer thinks fit, the counting officer may require the relevant

20

registration officer to produce a combined list of proxies for the referendum

and the Scottish parliamentary election.

      (2)  

The following provisions apply where the lists are combined and a person

applies for a ballot paper as proxy.

      (3)  

Immediately before delivery of the ballot paper the list of proxies must be

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marked in a way that—

(a)   

identifies the proxy,

(b)   

identifies the elector for whom the proxy is applying for the ballot

paper, and

(c)   

indicates whether the ballot paper is a referendum ballot paper, a

30

constituency ballot paper or a regional ballot paper.

      (4)  

Sub-paragraph (3) applies instead of—

(a)   

rule 28(2)(d) of the referendum rules;

(b)   

rule 46(2)(d) of the Scottish Parliamentary Election Rules and rule

46(6) of those rules so far as it relates to the list of proxies.

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31    (1)  

This paragraph applies 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.

      (2)  

If the counting officer think fit, the counting officer may require the relevant

registration officer to produce a combined postal voters list and a combined

40

proxy postal voters list for the referendum and the Scottish parliamentary

election.

List of votes marked by presiding officer

32    (1)  

If the counting officer thinks fit, a single list of votes marked by the presiding

officer may be used in respect of—

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