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Parliamentary Voting System and Constituencies Bill


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

100

 

(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—

5

(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

10

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

 

15

 

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

 

20

  

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

 

25

  

Constituencies Act 2011”;

 
  

(b)   

for “except for the purposes of an election

 
  

at which” substitute “for the purposes of

 
  

the referendum unless”.

 
  

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

 

30

  

vote on a scrutiny, or”.

 
 

Section 50 (effect of

In paragraph (c)—

 
 

misdescription)

(a)   

omit “nomination paper,”;

 
  

(b)   

for “and the parliamentary election rules”

 
  

substitute “or Part 1 of the Parliamentary

 

35

  

Voting System and Constituencies Act

 
  

2011”.

 
 

Section 52 (discharge of

The Secretary of State may give a direction under

 
 

registration duties)

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

 
  

recommendation made by the Electoral

 

40

  

Commission.

 
  

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

 
  

insert “and Part 1 of the Parliamentary Voting

 
  

System and Constituencies Act 2011”.

 
 
 

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

101

 
 

Provision

Modification

 
 

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)—

 

5

 

(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”.

 

10

  

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).

 

15

 

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

 

20

  

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

 

25

  

referendum”.

 
 
 

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

102

 
 

Provision

Modification

 
 

Section 61 (other voting

For subsections (1) to (4) substitute—

 
 

offences)

“(1)   

A person shall be guilty of an offence if—

 
  

(a)   

he votes in person or by post,

 
  

whether on his own behalf or as

 

5

  

proxy, or applies to vote by proxy

 
  

or by post on his own behalf, in the

 
  

referendum, knowing that he is

 
  

subject to a legal incapacity to vote

 
  

in the referendum; or

 

10

  

(b)   

he applies for the appointment of a

 
  

proxy to vote for him in the

 
  

referendum knowing that he is or

 
  

the person to be appointed is

 
  

subject to a legal incapacity to vote

 

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in the referendum; or

 
  

(c)   

he votes, whether in person or by

 
  

post, as proxy for some other

 
  

person in the referendum knowing

 
  

that that person is subject to a legal

 

20

  

incapacity to vote.

 
  

   

For the purposes of this subsection

 
  

references to a person being subject to a

 
  

legal incapacity to vote do not, in relation

 
  

to things done before polling day, include

 

25

  

his being below voting age if he will be of

 
  

voting age on that day.

 
  

(2)   

A person shall be guilty of an offence if—

 
  

(a)   

he votes on his own behalf

 
  

otherwise than by proxy more than

 

30

  

once in the referendum; or

 
  

(b)   

he votes on his own behalf in

 
  

person in the referendum when he

 
  

is entitled to vote by post; or

 
  

(c)   

he votes on his own behalf in

 

35

  

person in the referendum, knowing

 
  

that a person appointed to vote as

 
  

his proxy either has already voted

 
  

in person or is entitled to vote by

 
  

post; or

 

40

  

(d)   

he applies under Schedule 3 to the

 
  

Parliamentary Voting System and

 
  

Constituencies Act 2011 for a

 
  

person to be appointed as his proxy

 
  

to vote for him without applying

 

45

  

for the cancellation of a previous

 
  

appointment of a third person then

 
  

in force under that Schedule or

 
  

without withdrawing a pending

 
  

application for such an

 

50

  

appointment.

 
 
 

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

103

 
 

Provision

Modification

 
  

(3)   

A person shall be guilty of an offence if—

 
  

(a)   

he votes as proxy for the same

 
  

person more than once in the

 
  

referendum; or

 

5

  

(b)   

he votes in person as proxy for

 
  

another person in the referendum

 
  

and he is entitled to vote by post as

 
  

proxy for that person; or

 
  

(c)   

he votes in person as proxy for

 

10

  

another person in the referendum

 
  

and he knows that other person has

 
  

already voted in person.

 
  

(4)   

A person shall also be guilty of an offence

 
  

if he votes as proxy for more than two

 

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persons of whom he is not the spouse, civil

 
  

partner, parent, grandparent, brother,

 
  

sister, child or grandchild.”

 
  

In subsection (6A), for the words from “ballot

 
  

paper” to the end substitute “in reliance on Case 3,

 

20

  

4, 5 or 6 in rule 32 of the referendum rules.”

 
  

Omit subsection (6B).

 
  

In subsection (7)—

 
  

(a)   

after “section 173 below” insert “(read

 
  

with paragraph 3 of Schedule 4 to the

 

25

  

Parliamentary Voting System and

 
  

Constituencies Act 2011)”;

 
  

(b)   

omit paragraph (b).

 
 

Section 62A(1) to (5)

In subsection (1)(a), omit “at a parliamentary or

 
 

(applications for absent

local government election”.

 

30

 

voting: offences)

  
  

In subsection (2)(c), for “returning officer”

 
  

substitute “counting officer”.

 
 
 

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

104

 
 

Provision

Modification

 
 

Section 63 (breach of official

For subsections (3) and (4) substitute—

 
 

duty)

“(3)   

The persons to whom this section applies

 
  

are—

 
  

(a)   

the Chief Counting Officer and any

 

5

  

Regional Counting Officer or

 
  

counting officer,

 
  

(b)   

any presiding officer or registration

 
  

officer,

 
  

(c)   

any official designated by a

 

10

  

universal postal service provider,

 
  

and

 
  

(d)   

any deputy of a person mentioned

 
  

in any of paragraphs (a) to (c) above

 
  

or any person appointed to assist or

 

15

  

in the course of his employment

 
  

assisting a person so mentioned in

 
  

connection with his official duties;

 
  

   

and “official duty” shall for the purposes of

 
  

this section be construed accordingly, but

 

20

  

shall not include duties imposed otherwise

 
  

than by Part 1 of the Parliamentary Voting

 
  

System and Constituencies Act 2011 or the

 
  

law relating to referendums.

 
  

(4)   

Where—

 

25

  

(a)   

a Regional Counting Officer or

 
  

counting officer is guilty of an act

 
  

or omission in breach of his official

 
  

duty, but

 
  

(b)   

he remedies that act or omission in

 

30

  

full by taking steps under

 
  

paragraph 7 of Schedule 1 to the

 
  

Parliamentary Voting System and

 
  

Constituencies Act 2011,

 
  

   

he shall not be guilty of an offence under

 

35

  

subsection (1) above.”

 
 

Section 65 (tampering with

In subsection (1)—

 
 

papers)

(a)   

for “at a parliamentary or local

 
  

government election” substitute “in the

 
  

referendum”;

 

40

  

(b)   

omit paragraph (a);

 
  

(c)   

in paragraph (f), for “election” substitute

 
  

“referendum”.

 
 
 

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

105

 
 

Provision

Modification

 
  

For subsection (2) substitute—

 
  

“(2)   

In Scotland, a person shall be guilty of an

 
  

offence if—

 
  

(a)   

in the referendum, he forges or

 

5

  

counterfeits any ballot paper or the

 
  

official mark on any ballot paper; or

 
  

(b)   

he fraudulently or without due

 
  

authority, as the case may be,

 
  

attempts to do any of those things.”

 

10

  

In subsection (3), for “a returning officer”

 
  

substitute “the Chief Counting Officer, a Regional

 
  

Counting Officer, a counting officer”.

 
 

Section 66(1) to (6)

In subsection (1), for paragraphs (a) to (d)

 
 

(requirement of secrecy)

substitute—

 

15

  

“(a)   

the Chief Counting Officer, and

 
  

every Regional Counting Officer

 
  

and counting officer, attending at a

 
  

polling station,

 
  

(b)   

every deputy of such an officer so

 

20

  

attending,

 
  

(c)   

every presiding officer and clerk so

 
  

attending,

 
  

(d)   

every referendum agent, polling

 
  

agent and counting agent so

 

25

  

attending, and

 
  

(e)   

every person so attending by virtue

 
  

of any of sections 6A to 6D of the

 
  

Political Parties, Elections and

 
  

Referendums Act 2000,”.

 

30

  

In subsections (2)(b), (3)(b) and (c), (4)(d) and (5),

 
  

for “the candidate for whom” substitute “the

 
  

referendum answer for which”.

 
  

In subsection (3)(d), for “the name of the

 
  

candidate for whom” substitute “the referendum

 

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answer for which”.

 
  

In subsection (5)—

 
  

(a)   

for “blind voter” substitute “voter with

 
  

disabilities”;

 
  

(b)   

at the end insert—

 

40

  

   

““Voter with disabilities” has the meaning

 
  

given by rule 31(11) of the referendum

 
  

rules.”

 
 

Section 66A (prohibition on

In subsection (1), for “an election to which this

 
 

publication of exit polls)

section applies”, and for “the election” (in both

 

45

  

places), substitute “the referendum”.

 
 
 

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

106

 
 

Provision

Modification

 
  

Omit subsection (2).

 
  

In subsection (4), for the words after “whatever

 
  

means” substitute—

 
  

   

“and the reference to a forecast as to the

 

5

  

result of the referendum includes a

 
  

reference to a forecast as to the number or

 
  

proportion of votes expected to be cast for

 
  

each answer to the referendum question in

 
  

any region, voting area or other area.”

 

10

 

Section 66B (failure to comply

In subsection (1)(a), for “regulations under rule 57

 
 

with conditions relating to

of the parliamentary election rules” substitute

 
 

supply etc of documents)

“regulations mentioned in rule 52(5)(a) of the

 
  

referendum rules”.

 
 

Section 92 (broadcasting from

In subsection (1)—

 

15

 

outside UK)

(a)   

for “at a parliamentary or local

 
  

government election” substitute “in the

 
  

referendum”;

 
  

(b)   

for “the election” substitute “the

 
  

referendum”.

 

20

  

In subsection (2), after “section 173 below” insert

 
  

“(read with paragraph 3 of Schedule 4 to the

 
  

Parliamentary Voting System and Constituencies

 
  

Act 2011)”.

 
 

Section 94(1) (imitation poll

For “the election of any candidate at a

 

25

 

cards)

parliamentary election or a local government

 
  

election to which this section applies” substitute

 
  

“a particular result in the referendum”.

 
 

Section 97 (disturbances at

For subsection (2) substitute—

 
 

meetings)

“(2)   

This section applies to a meeting held by a

 

30

  

permitted participant during the

 
  

referendum period (within the meaning

 
  

given by paragraph 1 of Schedule 1 to the

 
  

Parliamentary Voting System and

 
  

Constituencies Act 2011) in connection

 

35

  

with the referendum.”

 
 
 

 
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Revised 10 February 2011