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Parliamentary Voting System and Constituencies Bill


Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 2 — Northern Ireland

91

 
  

Description of person voting by proxy

Proxy

 
 

3

A peer who—

Proxy appointed under

 
  

(a)   

is for the time being shown in the record

paragraph 3 of Schedule

 
  

kept under paragraph 1 of Schedule 2 to

2 to the Local Elections

 
  

the Local Elections (Northern Ireland)

(Northern Ireland)

 

5

  

Order as voting by proxy,

Order.

 
  

(b)   

is not for the time being shown in the

  
  

record kept under regulation 8 of the

  
  

European Parliamentary Elections

  
  

(Northern Ireland) Regulations as voting

  

10

  

by proxy, or was included in that record

  
  

before 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).

  

15

  

  
 

4

A peer who—

Proxy appointed under

 
  

(a)   

is for the time being shown in the record

regulation 10 of the

 
  

kept under regulation 8 of the European

European Parliamentary

 
  

Parliamentary Elections (Northern

Elections (Northern

 

20

  

Ireland) Regulations as voting by proxy,

Ireland) Regulations.

 
  

(b)   

is not for the time being shown in the

  
  

record kept under paragraph 1 of

  
  

Schedule 2 to the Local Elections

  
  

(Northern Ireland) Order as voting by

  

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proxy, or 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).

  

30

 

Proxies

17    (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.

35

      (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.

40

      (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

2008 Regulations and the officer is satisfied that the principal is or will be—

(a)   

registered in a relevant register, and

45

(b)   

entitled to vote by proxy in the referendum by virtue of an

application under paragraph 15(1) or (5)(b),

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 2 — Northern Ireland

92

 

           

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

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

5

registration officer and also ceases to be in force on the issue of a proxy paper

appointing a different person under this paragraph to vote for the principal

in the referendum.

18    (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

10

appointment was made (the “principal”).

      (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 16(3), an appointment

under paragraph 17;

15

(b)   

in relation to a principal who is included in the list of proxies by

virtue of entry 2 in that table, an appointment under section 8 of the

1985 Act 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 3

20

of Schedule 2 to the Local Elections (Northern Ireland) Order;

(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 regulation 10

of the European Parliamentary Elections (Northern Ireland)

Regulations.

25

      (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

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)  

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.

      (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.

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Voting as proxy

19    (1)  

A person entitled to vote as proxy for another (the “principal”) in the

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

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may vote by post.

      (2)  

Where a person is entitled to vote by post as proxy for the principal in the

referendum, the elector may not apply for a ballot paper for the purpose of

voting in person in the referendum.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 2 — Northern Ireland

93

 

      (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).

      (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—

5

(a)   

the officer is satisfied that the principal is or will be registered in a

relevant register,

(b)   

the applicant is the subject of a relevant proxy appointment within

the meaning of paragraph 18(2) (and is not included in a record

mentioned in sub-paragraph (5) below),

10

(c)   

either—

(i)   

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

15

principal under the referendum rules, or

(ii)   

the applicant is, or the officer is satisfied that the applicant

will be, included in the absent voters list for the referendum,

(d)   

the application specifies an address in the United Kingdom as the

address to which the ballot paper is to be sent, and

20

(e)   

the application meets the requirements prescribed by the 2008

Regulations.

      (5)  

A person who is the subject of a relevant proxy appointment within the

meaning of paragraph 18(2) and who—

(a)   

is included in the record kept under section 9(6) of the 1985 Act

25

(record of proxies who have applied to vote by post) in respect of

parliamentary elections,

(b)   

is included in the record kept under paragraph 4(5) of Schedule 2 to

the Local Elections (Northern Ireland) Order (record of proxies who

have applied to vote by post), or

30

(c)   

is included in the record kept under regulation 11(5) of the European

Parliamentary Elections (Northern Ireland) Regulations (record of

proxies who have applied to vote by post),

           

may apply to the registration officer for his or her referendum ballot paper

to be sent to a different address in the United Kingdom from that shown in

35

the record, and the officer must grant the application if it meets the

requirements prescribed by the 2008 Regulations.

      (6)  

The registration officer must, in respect of the referendum, keep a special list

(“the proxy postal voters list”) of those within column 2 of the following

table, together with the addresses provided as mentioned in column 3 as the

40

addresses to which their ballot papers are to be sent.

  

Description of proxy postal voters

Address

 
 

1

A proxy whose application under sub-paragraph

Address provided in the

 
  

(4) has been granted.

proxy’s application

 
   

under sub-paragraph (4).

 

45

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 2 — Northern Ireland

94

 
  

Description of proxy postal voters

Address

 
 

2

A proxy who—

Address provided in the

 
  

(a)   

was appointed as mentioned in column 3

proxy’s application

 
  

of entry 2 in the table in paragraph 16(3)

under section 9(4) of the

 
  

for a person mentioned in column 2 of

1985 Act or (as the case

 

5

  

that entry, and

may be) sub-paragraph

 
  

(b)   

is for the time being included in the

(5) above.

 
  

record kept under section 9(6) of the 1985

  
  

Act.

  
 

3

A proxy who—

Address provided in the

 

10

  

(a)   

was appointed as mentioned in column 3

proxy’s application

 
  

of entry 3 in the table in paragraph 16(3)

under paragraph 4(4) of

 
  

for a peer mentioned in column 2 of that

Schedule 2 to the Local

 
  

entry, and

Elections (Northern

 
  

(b)   

is for the time being included in the

Ireland) Order or (as the

 

15

  

record kept under paragraph 4(5) of

case may be) sub-

 
  

Schedule 2 to the Local Elections

paragraph (5) above.

 
  

(Northern Ireland) Order.

  
 

4

A proxy who—

Address provided in the

 
  

(a)   

was appointed as mentioned in column 3

proxy’s application

 

20

  

of entry 4 in the table in paragraph 16(3)

under regulation 11(4) of

 
  

for a peer mentioned in column 2 of that

the European

 
  

entry, and

Parliamentary Elections

 
  

(b)   

is for the time being included in the

(Northern Ireland)

 
  

record kept under regulation 11(5) of the

Regulations or (as the

 

25

  

European Parliamentary Elections

case may be) sub-

 
  

(Northern Ireland) Regulations.

paragraph (5) above.

 
 

      (7)  

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.

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Offences

20    (1)  

A person who—

(a)   

in any declaration or form used for any of the purposes of this Part

of this Schedule, makes a statement knowing it to be false, or

(b)   

attests an application under paragraph 15 knowing—

35

(i)   

that he or she is not authorised to do so, or

(ii)   

that it contains a statement which is false,

           

is guilty of an offence and liable on summary conviction to a fine not

exceeding level 5 on the standard scale.

      (2)  

A person who provides false information in connection with an application

40

under paragraph 15(1) or 19(4) is guilty of an offence.

      (3)  

Subsections (3) to (7) of section 13D of the 1983 Act apply for the purposes of

sub-paragraph (2) as they apply for the purposes of subsection (1A) of that

section.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 3 — Form of proxy paper

95

 

Part 3

Form of proxy paper

 

REFERENDUM ON THE VOTING SYSTEM FOR UNITED KINGDOM

 
 

PARLIAMENTARY ELECTIONS

 
 

Voting area.............................................

 

5

 

Name of proxy.......................................

 
 

Address...................................................

 
 

..................................................................

 
 

..................................................................

 
 

is hereby appointed as proxy for

 

10

 

(Name of elector)...................................

 
 

[*who is qualified to be registered for

 
 

(qualifying address)...............................]

 
 

[*who has made an overseas elector’s declaration]

 
   

15

 

Signature..................................................

 
 

Electoral Registration Officer

 
 

Address......................................................

 
 

..................................................................

 
 

..................................................................

 

20

 

Date.........................................................

 
 

* Delete whichever is inappropriate

 
   
 

YOUR RIGHT TO VOTE AS PROXY

 
 

(1) This proxy paper gives you the right to vote as proxy on behalf of the elector

 

25

 

whose name is given overleaf. However, you may not vote as proxy in the

 
 

referendum for more than two electors of whom you are not the spouse, civil

 
 

partner, parent, grandparent, brother, sister, child or grandchild.

 
 

(2) Your appointment as proxy is for the purposes of the referendum only.

 
 

(3) You may vote as proxy at the polling station allotted to the elector on whose

 

30

 

behalf you are appointed. Shortly before polling day you will be sent a proxy

 
 

poll card telling you where the polling station is. You do not need to take either

 
 

the poll card or this proxy paper to the polling station but you may find it helpful

 
 

to do so.

 
 
 

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 1 — Representation of the People Act 1983

96

 
 

(4) If you cannot vote in person at the polling station, you should consult the

 
 

electoral registration officer about your right to vote by post.

 
 

Schedule 4

Section 3

 

Application to the referendum of existing provisions

Part 1

5

Representation of the People Act 1983

1     (1)  

The provisions of the 1983 Act listed in the first column of the table apply for

the purposes of the referendum.

      (2)  

In their application by virtue of this paragraph, those provisions have

effect—

10

(a)   

with the modifications (if any) shown in the second column of the

table, and

(b)   

with any other necessary modifications, including in particular those

set out in sub-paragraph (3).

      (3)  

Except where the context otherwise requires—

15

(a)   

a reference to a provision that is applied by this Schedule has effect

as a reference to that provision as so applied;

(b)   

expressions are to be construed in accordance with the definitions in

section 7 of this Act and rule 53 of the referendum rules.

      (4)  

The provisions of the 1983 Act that apply for the purposes of the referendum

20

by virtue of this paragraph are in addition to the provisions of that Act that

would apply for those purposes in any event.

 

Provision

Modification

 
 

Section 13C(5) (validity of

For “subsection (4) above and rule 37E(1) in

 
 

electoral identity card in

Schedule 1 to this Act” substitute “rule 27 of the

 

25

 

Northern Ireland)

referendum rules”.

 
 

Section 47 (loan of equipment)

In subsection (1), for “the returning officer at a

 
  

local government election” substitute “a counting

 
  

officer”.

 
  

In subsection (2), for “the returning officer at an

 

30

  

election held under those Acts” substitute “a

 
  

counting officer”.

 
 

Section 49 (effect of registers)

In subsection (4)—

 
  

(a)   

after “this Part” insert “or Part 1 of the

 
  

Parliamentary Voting System and

 

35

  

Constituencies Act 2011”;

 
  

(b)   

for “except for the purposes of an election

 
  

at which” substitute “for the purposes of

 
  

the referendum unless”.

 
 
 

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 1 — Representation of the People Act 1983

97

 
 

Provision

Modification

 
  

In subsection (5) omit “prevent the rejection of the

 
  

vote on a scrutiny, or”.

 
 

Section 50 (effect of

In paragraph (c)—

 
 

misdescription)

(a)   

omit “nomination paper,”;

 

5

  

(b)   

for “and the parliamentary election rules”

 
  

substitute “or Part 1 of the Parliamentary

 
  

Voting System and Constituencies Act

 
  

2011”.

 
 

Section 52 (discharge of

The Secretary of State may give a direction under

 

10

 

registration duties)

section 52(1) only if it is in accordance with a

 
  

recommendation made by the Electoral

 
  

Commission.

 
  

In subsections (1), (2) and (4), after “this Act”

 
  

insert “and Part 1 of the Parliamentary Voting

 

15

  

System and Constituencies Act 2011”.

 
 

Section 54 (payment of

In subsection (1), after the first “this Act” insert

 
 

expenses of registration)

“or Part 1 of the Parliamentary Voting System and

 
  

Constituencies Act 2011”.

 
 

Section 56(3) to (4A)

In subsection (3)—

 

20

 

(registration appeals: England

(a)   

for “notice of an election is given”

 
 

and Wales)

substitute “notice of the referendum is

 
  

given”;

 
  

(b)   

for “the election” substitute “the

 
  

referendum”.

 

25

  

In subsection (4A), for “that election” substitute

 
  

“the referendum”.

 
 

Section 57 (registration

Section 57 applies for the purposes of the

 
 

appeals: Scotland)

referendum only in so far as it applies section

 
  

56(3) to (4A).

 

30

 

Section 58(3) to (5)

In subsection (3)—

 
 

(registration appeals:

(a)   

for “notice of an election is given”

 
 

Northern Ireland)

substitute “notice of the referendum is

 
  

given”;

 
  

(b)   

for “the election” substitute “the

 

35

  

referendum”.

 
  

In subsection (5), for “that election” substitute “the

 
  

referendum”.

 
 

Section 60 (personation)

In subsection (2), for “at a parliamentary or local

 
  

government election” substitute “in the

 

40

  

referendum”.

 
 
 

 
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