Parliamentary Voting System and Constituencies Bill

House of Lords

Session 2010 - 11
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Parliamentary Voting System and Constituencies Bill

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 1 — Great Britain
77

Schedule 3
Section 3

Absent voting in the referendum
Part 1
Great Britain
Interpretation
5
1
In this Part of this Schedule—
“anonymous entry”, in relation to a register of electors, is to be read in
accordance with section 9B of the 1983 Act;
“European Parliamentary Elections Regulations” means the European
Parliamentary Elections Regulations 2004 (S.I. 2004/293);
10
“peer” means a peer who is a member of the House of Lords;
“relevant register” means—
(a)
a register of parliamentary electors, or
(b)
in relation to a peer—
(i)
a register of local government electors, or
15
(ii)
a register of peers maintained under section 3 of the
Representation of the People Act 1985 (peers resident
outside the United Kingdom);
“the relevant regulations”—
(a)
in relation to England and Wales, means the Representation
20
of the People (England and Wales) Regulations 2001
(S.I. 2001/341) as applied by Schedule 4;
(b)
in relation to Scotland, means the Representation of the
People (Scotland) Regulations 2001 (S.I. 2001/497) as so
applied;
25
“the RPA 2000” means the Representation of the People Act 2000.
Manner of voting in the referendum
2     (1)
This paragraph applies to determine the manner of voting in England and
Wales or Scotland of a person entitled to vote in the referendum.
      (2)
The person may vote in person at the polling station allotted to him or her
30
under the referendum rules, unless the person is entitled to vote by post or
by proxy in the referendum.
      (3)
The person may vote by post if the person is entitled to vote by post in the
referendum.
      (4)
If the person is entitled to vote by proxy in the referendum, the person may
35
so vote unless, before a ballot paper has been issued for the person to vote
by proxy, the person applies at the polling station allotted to him or her
under the referendum rules for a ballot paper for the purpose of voting in
person, in which case he or she may vote in person there.
      (5)
If—
40
(a)
the person is not entitled to vote by post or by proxy in the
referendum, but

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 1 — Great Britain
78

(b)
the person cannot reasonably be expected to go in person to the
polling station allotted to him or her under the referendum rules by
reason of the particular circumstances of his or her employment,
either as a constable or by the counting officer, on the date of the poll
for a purpose connected with the referendum,
5

he or she may vote in person at any polling station.
      (6)
Nothing in this paragraph applies to a person to whom section 7 of the 1983
Act (mental patients who are not detained offenders) applies and who is
liable, by virtue of any enactment, to be detained in the mental hospital in
question, whether the person is registered by virtue of that provision or not;
10
and such a person may vote—
(a)
in person (where the person is granted permission to be absent from
the hospital and voting in person does not breach any condition
attached to that permission), or
(b)
by post or by proxy (where the person is entitled to vote by post or,
15
as the case may be, by proxy in the referendum).
      (7)
Nothing in this paragraph applies to a person to whom section 7A of the
1983 Act (persons remanded in custody) applies, whether the person is
registered by virtue of that provision or not; and such a person may vote
only by post or by proxy (where the person is entitled to vote by post or, as
20
the case may be, by proxy in the referendum).
      (8)
Sub-paragraph (2) does not prevent a person, at the polling station allotted
to him or her, marking a tendered ballot paper in pursuance of rule 32 of the
referendum rules.
Entitlement to vote by post or by proxy
25
3     (1)
A person entitled to vote in the referendum is entitled to vote by post or by
proxy if sub-paragraph (2) or (3) (as the case may be) applies to the person.
      (2)
This sub-paragraph applies to a person who is shown in the postal voters list
mentioned in paragraph 5(2) as entitled to vote by post in the referendum.
      (3)
This sub-paragraph applies to a person who is shown in the list of proxies
30
mentioned in paragraph 5(3) as entitled to vote by proxy in the referendum.
Application to vote by post or by proxy in the referendum
4     (1)
Where a person applies to the registration officer to vote by post in the
referendum, the registration officer must grant the application if—
(a)
the officer is satisfied that the applicant is or will be registered in a
35
relevant register, and
(b)
the application contains the applicant’s signature and date of birth
and meets the requirements prescribed by the relevant regulations.
      (2)
Where a person applies to the registration officer to vote by proxy in the
referendum, the registration officer must grant the application if—
40
(a)
the officer is satisfied that the applicant’s circumstances on the date
of the poll will be or are likely to be such that the applicant cannot
reasonably be expected to vote in person at the polling station
allotted or likely to be allotted to the applicant under the referendum
rules,
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Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 1 — Great Britain
79

(b)
the officer is satisfied that the applicant is or will be registered in a
relevant register, and
(c)
the application contains the applicant’s signature and date of birth
and meets the requirements prescribed by the relevant regulations.
      (3)
Where a person—
5
(a)
has an anonymous entry in a relevant register, and
(b)
applies to the registration officer to vote by proxy in the referendum,

the registration officer must grant the application if it meets the
requirements prescribed by the relevant regulations.
      (4)
Nothing in sub-paragraph (1), (2) or (3) applies to—
10
(a)
a person who is included in the record kept under paragraph 3 of
Schedule 4 to the RPA 2000 (absent vote at elections for definite or
indefinite period) in respect of parliamentary elections,
(b)
a peer who is included in the record kept under paragraph 3 of
Schedule 4 to the RPA 2000 (absent vote at elections for definite or
15
indefinite period) in respect of local government elections, or
(c)
a peer who is included in the record kept under paragraph 3 of
Schedule 2 to the European Parliamentary Elections Regulations
(absent vote at elections for definite or indefinite period).
      (5)
But if a person is included in a record mentioned in sub-paragraph (4)(a), (b)
20
or (c) and is shown in the record as voting by post, the person may, in respect
of the referendum, apply to the registration officer—
(a)
for his or her ballot paper to be sent to a different address from that
shown in the record, or
(b)
to vote by proxy.
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      (6)
The registration officer must grant an application under sub-paragraph (5)
if—
(a)
(in the case of any application) it meets the requirements prescribed
by the relevant regulations, and
(b)
(in the case of an application to vote by proxy) the registration officer
30
is satisfied that the applicant’s circumstances on the date of the poll
will be or are likely to be such that the applicant cannot reasonably
be expected to vote in person at the polling station allotted or likely
to be allotted to the applicant under the referendum rules.
      (7)
The registration officer may dispense with the requirement under sub-
35
paragraph (1)(b) or (2)(c) for the applicant to provide a signature if the
officer is satisfied that the applicant—
(a)
is unable to provide a signature because of any disability the
applicant has,
(b)
is unable to provide a signature because the applicant is unable to
40
read or write, or
(c)
is unable to sign in a consistent and distinctive way because of any
such disability or inability.
      (8)
The registration officer must keep a record of those whose applications
under this paragraph have been granted, showing—
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(a)
their dates of birth, and

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 1 — Great Britain
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(b)
except in cases where the registration officer in pursuance of sub-
paragraph (7) has dispensed with the requirement to provide a
signature, their signatures.
      (9)
The record kept under sub-paragraph (8) must be retained by the
registration officer for the period of twelve months beginning with the date
5
of the poll for the referendum.
Absent voters lists
5     (1)
The registration officer must, for the purposes of the referendum, keep the
two special lists mentioned in sub-paragraphs (2) and (3) respectively.
      (2)
The first of those lists is a list (“the postal voters list”) of those within
10
column 2 of the following table, together with the addresses provided as
mentioned in column 3 as the addresses to which their ballot papers are to
be sent.

Description of person voting by post
Address

1
A person whose application under paragraph
Address provided in the

15

4(1) to vote by post in the referendum has been
person’s application

granted.
under paragraph 4(1).

2
A person who—
Address provided in the

(a)
is for the time being shown in the record
person’s application

kept under paragraph 3 of Schedule 4 to
under paragraph 3 of

20

the RPA 2000 as voting by post at
Schedule 4 to the RPA

parliamentary elections, and
2000 or (as the case may

(b)
is not within entry 1 of this table or entry
be) paragraph 4(5)(a)

1 in the table in sub-paragraph (3).
above.

3
A peer who—
Address provided in the

25

(a)
is for the time being shown in the record
peer’s application under

kept under paragraph 3 of Schedule 4 to
paragraph 3 of Schedule

the RPA 2000 as voting by post at local
4 to the RPA 2000 or (as

government elections,
the case may be)

(b)
is not for the time being shown in the
paragraph 4(5)(a) above.

30

record kept under paragraph 3 of

Schedule 2 to the European Parliamentary

Elections Regulations as voting by post,

or was included in that record before

being included in the record mentioned in

35

paragraph (a) above, and

(c)
is not within entry 1 of this table or entry

1 in the table in sub-paragraph (3).

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 1 — Great Britain
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Description of person voting by post
Address

4
A peer who—
Address provided in the

(a)
is for the time being shown in the record
peer’s application under

kept under paragraph 3 of Schedule 2 to
paragraph 3 of Schedule

the European Parliamentary Elections
2 to the European

5

Regulations as voting by post,
Parliamentary Elections

(b)
is not for the time being shown in the
Regulations or (as the

record kept under paragraph 3 of
case may be) paragraph

Schedule 4 to the RPA 2000 as voting by
4(5)(a) above.

post at local government elections, or was

10

included in that record before being

included in the record mentioned in

paragraph (a) above, and

(c)
is not within entry 1 in this table or entry

1 in the table in sub-paragraph (3).

15

      (3)
The second of the lists mentioned in sub-paragraph (1) is a list (“the list of
proxies”) of those within column 2 of the following table, together with the
names and addresses of their proxies appointed as mentioned in column 3.

Description of person voting by proxy
Proxy

1
A person (not within entry 1 in the table in sub-
Proxy appointed under

20

paragraph (2)) whose application under
paragraph 6.

paragraph 4(2), (3) or (5)(b) to vote by proxy in

the referendum has been granted.

2
A person who—
Proxy appointed under

(a)
is for the time being shown in the record
paragraph 6 of Schedule

25

kept under paragraph 3 of Schedule 4 to
4 to the RPA 2000 for

the RPA 2000 as voting by proxy at
parliamentary elections.

parliamentary elections, and

(b)
is not within entry 1 of this table or entry

1 in the table in sub-paragraph (2).

30

3
A peer who—
Proxy appointed under

(a)
is for the time being shown in the record
paragraph 6 of Schedule

kept under paragraph 3 of Schedule 4 to
4 to the RPA 2000 for

the RPA 2000 as voting by proxy at local
local government

government elections,
elections.

35

(b)
is not for the time being shown in the

record kept under paragraph 3 of

Schedule 2 to the European Parliamentary

Elections Regulations as voting by proxy,

or was included in that record before

40

being included in the record mentioned in

paragraph (a) above, and

(c)
is not within entry 1 of this table or entry

1 or 4 in the table in sub-paragraph (2).

45

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 1 — Great Britain
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Description of person voting by proxy
Proxy

4
A peer who—
Proxy appointed under

(a)
is for the time being shown in the record
paragraph 6 of Schedule

kept under paragraph 3 of Schedule 2 to
2 to the European

the European Parliamentary Elections
Parliamentary Elections

5

Regulations as voting by proxy,
Regulations.

(b)
is not for the time being shown in the

record kept under paragraph 3 of

Schedule 4 to the RPA 2000 as voting by

proxy at local government elections, or

10

was included in that record before being

included in the record mentioned in

paragraph (a) above, and

(c)
is not within entry 1 in this table or entry

1 or 3 in the table in sub-paragraph (2).

15

      (4)
In the case of a person who has an anonymous entry in a register, the postal
voters list or list of proxies (as the case may be) must show in relation to the
person only—
(a)
his or her electoral number, and
(b)
the period for which the anonymous entry has effect.
20
Proxies
6     (1)
Subject to what follows, any person is capable of being appointed under this
paragraph to vote as proxy for another (the “principal”) in the referendum.
      (2)
The principal cannot have more than one person at a time appointed as
proxy to vote for him or her in the referendum.
25
      (3)
A person is capable of being appointed to vote as proxy only if—
(a)
the person is not subject to any legal incapacity (age apart) to vote in
the referendum in his or her own right, and
(b)
the person is either a Commonwealth citizen or a citizen of the
Republic of Ireland.
30
      (4)
Where the principal applies to the registration officer for the appointment of
a proxy under this paragraph, the registration officer must make the
appointment if the application meets the requirements prescribed by the
relevant regulations and the officer is satisfied that the principal is or will
be—
35
(a)
registered in a relevant register, and
(b)
entitled to vote by proxy in the referendum by virtue of an
application under paragraph 4(2), (3) or (5)(b),

and that the proxy is capable of being, and willing to be, appointed.
      (5)
The appointment of a proxy under this paragraph is to be made by means of
40
a proxy paper, in the form set out in Part 3 of this Schedule, issued by the
registration officer.
      (6)
The appointment may be cancelled by the principal by giving notice to the
registration officer and also ceases to be in force on the issue of a proxy paper

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 1 — Great Britain
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appointing a different person under this paragraph to vote for the principal
in the referendum.
7     (1)
Subject to what follows, where a relevant proxy appointment is in force, the
person appointed is entitled to vote as proxy for the person for whom the
appointment was made (the “principal”).
5
      (2)
In sub-paragraph (1) “relevant proxy appointment” means—
(a)
in relation to a principal who is included in the list of proxies by
virtue of entry 1 in the table in paragraph 5(3), an appointment under
paragraph 6;
(b)
in relation to a principal who is included in the list of proxies by
10
virtue of entry 2 in that table, an appointment under paragraph 6 of
Schedule 4 to the RPA 2000 for parliamentary elections;
(c)
in relation to a principal who is a peer included in the list of proxies
by virtue of entry 3 in that table, an appointment under paragraph 6
of Schedule 4 to the RPA 2000 for local government elections;
15
(d)
in relation to a principal who is a peer included in the list of proxies
by virtue of entry 4 in that table, an appointment under paragraph 6
of Schedule 2 to the European Parliamentary Elections Regulations.
      (3)
A person is capable of voting as proxy in the referendum only if—
(a)
the person is not subject to any legal incapacity (age apart) to vote in
20
the referendum in his or her own right, and
(b)
person is either a Commonwealth citizen or a citizen of the Republic
of Ireland.
      (4)
A person is not capable of voting as proxy in the referendum unless on the
date of the poll the person has attained the age of 18.
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      (5)
A person is not entitled to vote as proxy in the referendum on behalf of more
than two others of whom that person is not the spouse, civil partner, parent,
grandparent, brother, sister, child or grandchild.
Voting as proxy
8     (1)
A person entitled to vote as proxy for another (the “principal”) in the
30
referendum may do so in person at the polling station allotted to the
principal under the referendum rules unless the proxy is entitled to vote by
post as proxy for the principal in the referendum, in which case the proxy
may vote by post.
      (2)
Where a person is entitled to vote by post as proxy for the principal in the
35
referendum, the principal may not apply for a ballot paper for the purpose
of voting in person in the referendum.
      (3)
For the purposes of this Part of this Schedule and the 1983 Act a person
entitled to vote as proxy for another in the referendum is entitled so to vote
by post if the person is included in the list kept under sub-paragraph (6).
40
      (4)
Where a person applies to the registration officer to vote by post as proxy in
the referendum the officer must grant the application if—
(a)
the officer is satisfied that the principal is or will be registered in a
relevant register,