Parliamentary Voting System and Constituencies Bill

House of Lords

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Parliamentary Voting System and Constituencies Bill

Parliamentary Voting System and Constituencies Bill
Schedule 1 — Further provisions about the referendum
22

14    (1)
This paragraph applies if—
(a)
a permitted participant revokes the appointment of a referendum
agent or a referendum agent dies, and
(b)
the referendum agent has notified the counting officer of the
appointment of a polling or counting agent under rule 18 of the
5
referendum rules.
      (2)
The permitted participant must as soon as possible appoint another agent
under paragraph 11.
      (3)
The notification under paragraph 12 must be made as soon as possible after
the appointment of the new referendum agent (rather than before noon on
10
the 16th day before the date of the poll).
Responsible persons
15    (1)
A person who is the responsible person for a permitted participant may not
give a notification under section 106(3) of the 2000 Act (notification given to
become a permitted participant).
15
      (2)
An individual who is a permitted participant ceases to be a permitted
participant if he or she is the treasurer of a registered party (other than a
minor party) that becomes a permitted participant.
      (3)
A declaration made or notification given by a body does not comply with the
requirement in subsection (2)(b) or (4)(b)(ii) of section 106 of the 2000 Act (to
20
state the name of the person who will be responsible for compliance) if the
person whose name is stated—
(a)
is already the responsible person for a permitted participant,
(b)
is an individual who gives a notification under subsection (3) of that
section at the same time, or
25
(c)
is the person whose name is stated, in purported compliance with
the requirement in subsection (2)(b) or (4)(b)(ii) of that section, in a
notification given at the same time by another body.
      (4)
Where a registered party (other than a minor party) makes a declaration
under section 106 of the 2000 Act and the treasurer of the party (“T”) is
30
already the responsible person for a permitted participant (“P”)—
(a)
T ceases to be the responsible person for P at the end of the period of
14 days beginning with the day on which (by reason of the
declaration) T becomes the responsible person for the party;
(b)
P must, before the end of that period, give a notice of alteration under
35
section 106(5) of the 2000 Act stating the name of the person who is
to replace T as the responsible person for P.
      (5)
In sub-paragraphs (3) and (4) “the person”, in relation to a body other than
a minor party, is to be read as “the person or officer”.
      (6)
In this paragraph “registered party” and “minor party” have the meaning
40
given in section 160(1) of the 2000 Act.
Grants to designated organisations may be paid in instalments
16    (1)
This paragraph applies to a grant under subsection (2) of section 110 of the
2000 Act (assistance available to designated organisations) made in respect
of the referendum.
45

Parliamentary Voting System and Constituencies Bill
Schedule 1 — Further provisions about the referendum
23

      (2)
The grant may be paid in whatever instalments the Electoral Commission
consider appropriate.
      (3)
Instalments may be withheld if the Commission are satisfied that the
designated organisation concerned has failed to comply with a condition
imposed under section 110(3) of the 2000 Act.
5
      (4)
Section 110(2) of the 2000 Act, in so far as it requires the grant to be of the
same amount in the case of each designated organisation, has effect in
relation to the referendum subject to sub-paragraph (3).
Expenses incurred by persons acting in concert
17    (1)
This paragraph applies where—
10
(a)
referendum expenses are incurred by or on behalf of an individual or
body during the referendum period for the referendum, and
(b)
those expenses are incurred in pursuance of a plan or other
arrangement by which referendum expenses are to be incurred by or
on behalf of—
15
(i)
that individual or body, and
(ii)
one or more other individuals or bodies,

respectively with a view to, or otherwise in connection with,
promoting or procuring a particular outcome in relation to the
question asked in the referendum.
20
      (2)
The expenses mentioned in sub-paragraph (1)(a) are to be treated for the
purposes of the provisions of the 2000 Act set out in sub-paragraph (3) as
having also been incurred, during the referendum period, by or on behalf of
the other individual or body (or, as the case may be, each of the other
individuals or bodies) mentioned in sub-paragraph (1)(b)(ii).
25
      (3)
The provisions are—
(a)
section 117;
(b)
section 118 and Schedule 14;
(c)
sections 120 to 123.
      (4)
This paragraph applies whether or not any of the individuals or bodies in
30
question is a permitted participant.
      (5)
But this paragraph does not treat any expenses incurred by or on behalf of a
permitted participant that is designated in respect of the referendum by the
Electoral Commission under section 108 of the 2000 Act (designation of
organisations to whom assistance is available) as having been incurred by or
35
on behalf of any other individual or body.
      (6)
Subsections (5) and (6) of section 117 of the 2000 Act (certain expenditure
incurred before the referendum period treated as incurred during that
period) apply for the purposes of this paragraph as they apply for the
purposes of that section.
40
Advertisements
18    (1)
The Town and Country Planning (Control of Advertisements) Regulations
1992 (S.I. 1992/666) apply in relation to the display on any site in Wales of
an advertisement relating specifically to the referendum as they apply in

Parliamentary Voting System and Constituencies Bill
Schedule 1 — Further provisions about the referendum
24

relation to the display of an advertisement relating specifically to a pending
parliamentary election.
      (2)
The Town and Country Planning (Control of Advertisements) (Scotland)
Regulations 1984 (S.I. 1984/467) apply in relation to the display on any site
in Scotland of an advertisement relating specifically to the referendum as
5
they apply in relation to the display of an advertisement relating specifically
to a pending parliamentary election.
      (3)
The Planning (Control of Advertisements) Regulations (Northern Ireland)
1992 (S.R. 1992/448) apply in relation to the display on any site in Northern
Ireland of an advertisement relating specifically to the referendum as they
10
apply in relation to the display of an advertisement relating specifically to a
pending parliamentary election.
Non-domestic rating: premises used for referendum purposes
19    (1)
Section 65(6) of the Local Government Finance Act 1988 (occupation for
election meetings and polls) has effect as if—
15
(a)
the reference to public meetings in furtherance of a person’s
candidature at an election included a reference to public meetings to
promote or procure a particular outcome in relation to the question
asked in the referendum, and
(b)
the reference to use by a returning officer for the purpose of taking
20
the poll in an election included a reference to use by a counting
officer for the purposes of taking the poll in the referendum.
      (2)
Section 98 of the 1983 Act and rule 22(3) in Schedule 1 to that Act (which
make equivalent provision, applying in Scotland and Northern Ireland)
have effect as if—
25
(a)
the reference in section 98 to public meetings in furtherance of a
person’s candidature at an election included a reference to public
meetings to promote or procure a particular outcome in relation to
the question asked in the referendum, and
(b)
the reference in rule 22(3) to use for the purpose of taking the poll in
30
an election included a reference to use by a counting officer for the
purposes of taking the poll in the referendum.
Payments to counting officers and Regional Counting Officers
20    (1)
Subject to sub-paragraphs (3) and (4), a counting officer or Regional
Counting Officer is entitled to recover his or her charges in respect of
35
services rendered, or expenses incurred, for or in connection with the
referendum if—
(a)
the services were necessarily rendered, or the expenses were
necessarily incurred, for the efficient and effective conduct of the
referendum, and
40
(b)
the total of the officer’s charges does not exceed the amount (“the
overall maximum recoverable amount”) specified in, or determined
in accordance with, an order made by the Minister, with the consent
of the Treasury, for the purposes of this sub-paragraph.
      (2)
Sub-paragraph (3) applies to a service rendered by—
45
(a)
the counting officer for a voting area in England, Wales or Scotland,
or

Parliamentary Voting System and Constituencies Bill
Schedule 1 — Further provisions about the referendum
25

(b)
a Regional Counting Officer,

which in the opinion of the Electoral Commission was inadequately
performed.
      (3)
In respect of a service to which this sub-paragraph applies, the officer is
entitled under sub-paragraph (1) to no more than the amount (which may be
5
nil) that seems reasonable in all the circumstances—
(a)
to the Commission, or
(b)
on a taxation under paragraph 21, to the county court or Auditor.
      (4)
An order under sub-paragraph (1) may specify, or make provision for
determining in accordance with the order, a maximum recoverable amount
10
for services or expenses of a specified description—
(a)
for counting officers;
(b)
for Regional Counting Officers.

Subject to sub-paragraph (5), an officer may not recover more than the
specified amount in respect of such services or expenses.
15
      (5)
In a particular case the Electoral Commission may, with the consent of the
Treasury, authorise the payment of—
(a)
more than the overall maximum recoverable amount, or
(b)
more than the specified maximum recoverable amount for any
specified services or expenses,
20

if the Commission are satisfied that the conditions in sub-paragraph (6) are
met.
      (6)
The conditions are—
(a)
that it was reasonable for the officer concerned to render the services
or incur the expenses, and
25
(b)
that the charges in question are reasonable.
      (7)
The Chief Counting Officer is entitled to recover expenses incurred by that
officer for or in connection with the referendum if—
(a)
the expenses are of a kind that would otherwise have been incurred
by counting officers or Regional Counting Officers, and
30
(b)
the Chief Counting Officer considered that it would be more
economical for the expenses to be incurred by that officer instead.
      (8)
The Electoral Commission must pay the amount of any charges recoverable
in accordance with this paragraph on an account being submitted to them.

But if the Commission think fit they may, before payment, apply for the
35
account of a counting officer or Regional Counting Officer to be taxed under
paragraph 21.
      (9)
Where the superannuation contributions required to be paid by a local
authority in respect of a person are increased by a fee paid under this
paragraph as part of the charges of a counting officer or Regional Counting
40
Officer at the referendum, then on an account being submitted to them the
Electoral Commission must pay to the authority a sum equal to the increase.
     (10)
At the request of a counting officer or Regional Counting Officer or the Chief
Counting Officer, the Electoral Commission may make an advance on
account of the officer’s charges on such terms as they think fit.
45
     (11)
The Electoral Commission may by regulations make provision as to the time
when and the manner and form in which accounts are to be rendered to the

Parliamentary Voting System and Constituencies Bill
Schedule 1 — Further provisions about the referendum
26

Commission for the purposes of the payment of the charges of a counting
officer or Regional Counting Officer or the Chief Counting Officer.
     (12)
An order or regulations under this paragraph may make different provision
for different cases.
     (13)
Any sums required by the Electoral Commission for making payments
5
under this paragraph are to be charged on and paid out of the Consolidated
Fund.
Taxation of counting officer’s or Regional Counting Officer’s account
21    (1)
An application for the account of a counting officer or Regional Counting
Officer to be taxed must be made—
10
(a)
except where paragraph (b) applies, to a county court;
(b)
where the officer is one who was appointed for an area in Scotland,
or for the region of Scotland, to the Auditor of the Court of Session.

A reference in this paragraph to “the court” includes a reference to that
Auditor.
15
      (2)
On any such application the court has jurisdiction to tax the account in
whatever manner and at whatever time and place the court thinks fit, and
finally to determine the amount payable to the officer.
      (3)
Where an application is made for the account of a counting officer or
Regional Counting Officer to be taxed, the officer may apply to the court for
20
it to examine any claim made by any person (“the claimant”) against the
officer in respect of matters charged in the account.
      (4)
On an application under sub-paragraph (3), after the claimant has been
given notice and an opportunity to be heard and to tender any evidence, the
court may allow, disallow or reduce the claim, with or without costs.
25

The court’s determination of the claim is final for all purposes and as against
all persons.
      (5)
An application under sub-paragraph (1) for taxation of the account of the
Chief Electoral Officer for Northern Ireland must be made to the county
court that has jurisdiction at the place where the officer certified the number
30
of ballot papers counted and votes cast.
Electoral Commission accounts
22    (1)
If directed to do so by the Treasury, the Electoral Commission must prepare
accounts in respect of their expenditure in relation to the referendum.
      (2)
Accounts under this paragraph must be prepared in accordance with
35
directions given to the Commission by the Treasury.
      (3)
Directions under sub-paragraph (2) may include, in particular, directions as
to—
(a)
the information to be contained in the accounts and the manner in
which it is to be presented,
40
(b)
the methods and principles in accordance with which the accounts
are to be prepared, and
(c)
the additional information (if any) that is to accompany the accounts.
      (4)
Accounts under this paragraph must be submitted by the Commission to—

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
27

(a)
the Comptroller and Auditor General, and
(b)
the Speaker’s Committee,

as soon may be practicable after the giving of the direction under sub-
paragraph (1).
Restriction on challenge to referendum result
5
23    (1)
No court may entertain any proceedings for questioning the number of
ballot papers counted or votes cast in the referendum as certified by the
Chief Counting Officer or a Regional Counting Officer or counting officer
unless—
(a)
the proceedings are brought by a claim for judicial review, and
10
(b)
the claim form is filed before the end of the permitted period.
      (2)
In sub-paragraph (1) “the permitted period” means the period of 6 weeks
beginning with—
(a)
the day on which the officer in question gives a certificate as to the
number of ballot papers counted and votes cast in the referendum, or
15
(b)
if the officer gives more than one such certificate, the day on which
the last is given.
      (3)
In the application of this paragraph to Scotland, sub-paragraph (1) has
effect—
(a)
with the substitution in paragraph (a) of “a petition” for “a claim”;
20
(b)
with the substitution in paragraph (b) of “the petition is lodged” for
“the claim form is filed”.
      (4)
In the application of this paragraph to Northern Ireland, sub-paragraph (1)
has effect—
(a)
with the substitution in paragraph (a) of “an application” for “a
25
claim”;
(b)
with the substitution in paragraph (b) of “the application for leave to
apply for judicial review is lodged” for “the claim form is filed”.
Schedule 2
Section 3

Rules for conduct of the referendum
30
Table of contents
Part 1: Referendum rules

Time

1
Timetable

2
Computation of time

35

General provisions

3
Notice of referendum

4
Poll to be taken by ballot

5
The ballot paper

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
28

6
Corresponding number list

7
The official mark

8
Prohibition of disclosure of vote

9
Use of schools and public rooms

10
Modification of forms

5

Action to be taken before the poll

11
Notice of poll

12
Postal ballot papers

13
Provision of polling stations

14
Appointment of presiding officers and clerks

10

15
Issue of official poll cards

16
Notification that certain electors entitled to

absent vote

17
Equipment of polling stations

18
Appointment of polling and counting agents

15

19
Notification of requirement of secrecy

20
Return of postal ballot papers

The poll

21
Admission to polling station

22
Keeping of order in polling station

20

23
Sealing of ballot boxes

24
Questions to be put to voters

25
Challenge of voter

26 to 29
Voting procedure

30
Votes marked by presiding officer

25

31
Voting by people with disabilities

32 & 33
Tendered ballot papers

34
Refusal to deliver ballot paper

35
Spoilt ballot papers

36
Correction of errors on day of poll

30

37
Adjournment of poll in case of riot

38
Procedure on close of poll

Counting of votes

39
Attendance at the count

40
The count

35

41
Re-count

42
Rejected ballot papers

43
Direction to conduct re-count

44
Decisions on ballot papers