House of Lords portcullis
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 5 — Combination of polls: England
Part 3 — Forms referred to in Part 1

177

 
   
 

Paragraph 25(2)

Form 7 - Form of certificate of employment

 

Referendum on the voting system for United Kingdom parliamentary

 
 

elections

 

5

 

[insert name of voting area]

 
 

I certify that (name) ..................... who is numbered ................... in the register of

 
 

electors cannot reasonably be expected to go in person to the polling station

 
 

allotted to him or her in the referendum on (date of poll) ..................... by reason of

 
 

the particular circumstances of his or her employment on that date for a purpose

 

10

 

connected with the referendum *as a constable / *by me.

 
 

*Delete whichever is inappropriate.

 
  

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

 
  

*Counting officer / police officer (inspector or above)

 
    

15

  

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

 
 

Note: The person named above is entitled to vote at any polling station in the

 
 

voting area specified above on production and surrender of this certificate to the

 
 

presiding officer.

 
   

20

Paragraph 31(1)

Form 8 - Form of declaration to be made by the companion of a voter with

disabilities

 

I, ................................................................................................... (name of companion)

 
 

of .................................................................................................. (address of companion)

 

25

 

having been requested to assist ..................................................... (name of voter)

 
 

[in the case of a person with disabilities voting as proxy, add

 
 

voting as proxy for ........................................................................ (name of [elector]*

 
 

[or]* [voter]*)]

 
 

whose number on the register is .................................................. to record their vote

 

30

 

at the [referendum(s)]* [and]* [election(s)*]* being held in this [voting area]* [/

 
 

local government area]* [/parish]*

 
 

hereby declare that

 
 
 

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 1 — Provision about combination

178

 
 

(a)   

[I am entitled to vote as an [elector]* [or]* [voter]* at the said

 
 

[referendum(s)]* [and]* [election(s)]*,]*

 
 

(b)   

[I am the #.................................. of the said voter and have attained the age

 
 

of 18 years,]* and

 
 

(c)   

I have not previously assisted any voter with disabilities [except

 

5

 

.......................... (name of other [elector]* [or]* [voter]*), of ..........................

 
 

(address of other [elector]* [or]* [voter]*)] to vote at the said

 
 

[referendum(s)]* [or]* [election(s)]*]*.

 
 

#State the relationship of the companion to the voter.

 
 

*Delete as appropriate.

 

10

 

(Signed) .......................................... (companion)

 
 

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

 
 

I, the undersigned, being the presiding officer for the .............. polling station for

 
 

.............. the [insert name of voting area] hereby certify that the above declaration,

 
 

having been first read to the above-named declarant, was signed by the declarant

 

15

 

in my presence.

 
 

(Signed)..........................................

 
 

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

 
 

Time ........................................ (am/pm)

 
 


 

20

 

NOTES: (1) If the person making the above declaration knowingly and wilfully

 
 

makes therein a statement false in a material particular, he or she will be guilty of

 
 

an offence.

 
 

(2) A voter with disabilities is a voter who has made a declaration that he or she is

 
 

so incapacitated by blindness or other disability, or by an inability to read, as to be

 

25

 

unable to vote without assistance.

 
 

Schedule 6

Section 4

 

Combination of polls: Wales

Part 1

Provision about combination

30

General provisions

Interpretation

1          

The polls to be taken together under section 4(2) are referred to in this

Schedule as “combined polls”.

2          

In this Schedule—

35

“Assembly election” means—

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 1 — Provision about combination

179

 

(a)   

an Assembly constituency election, or

(b)   

an Assembly regional election;

“Assembly constituency election” means an election for the return of an

Assembly constituency member (within the meaning of section 1 of

the Government of Wales Act 2006);

5

“Assembly Elections Rules” means the rules set out in Schedule 5 to the

Welsh Assembly Order;

“Assembly regional election” means an election for the return of an

Assembly regional member (within the meaning of section 1 of the

Government of Wales Act 2006);

10

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

Article 18 of the Welsh Assembly Order;

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

counting agent for an Assembly election (except where one or other

is specified);

15

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

Article 18 of the Welsh Assembly Order;

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

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

specified);

20

“the Welsh Assembly Order” means the National Assembly for Wales

(Representation of the People) Order 2007 (S.I. 2007/236).

Cost of combined polls

3          

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

to the referendum or an Assembly election), and any cost attributable to

25

their combination, is to be apportioned equally between—

(a)   

the referendum, and

(b)   

the Assembly elections.

4     (1)  

Articles 23 and 24 of the Welsh Assembly Order (payments by and to

returning officer etc) apply—

30

(a)   

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

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

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

and

(b)   

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

35

expenses were to services rendered or expenses incurred in respect

of transferred functions.

      (2)  

An order under article 23(1) of that Order (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.

40

Publication of statement of persons nominated

5     (1)  

The statement of persons nominated at an Assembly election must be

published not later than noon on the 15th day before the date of the poll.

      (2)  

The timetable set out in rule 1(1) of the Assembly Elections Rules is to be

read with whatever modifications are necessary to give effect to this

45

paragraph.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 1 — Provision about combination

180

 

Forms

6          

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

Corresponding number lists

5

7     (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 3 to the

Welsh Assembly Order.

      (2)  

The function of the constituency returning officer under rule 27 of the

Assembly Elections Rules is to be carried out by the counting officer.

10

      (3)  

If the counting officer thinks fit, the lists prepared under the following

provisions may be combined in the form set out in Form 1 in Part 2 of this

Schedule—

(a)   

rule 6 of the referendum rules;

(b)   

rule 27 of the Assembly Elections Rules.

15

      (4)  

In that case, sub-paragraph (3) applies instead of—

(a)   

rule 6(2) of the referendum rules;

(b)   

rule 27(2) of the Assembly Elections Rules.

8     (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 3

20

to the Welsh Assembly 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

25

presiding officers in pursuance of rule 37(1) of the Assembly Elections Rules.

           

The list must be in form CM set out in Schedule 10 to the Welsh Assembly

Order.

      (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

30

presiding officers in pursuance of the following provisions—

(a)   

rule 17(1) of the referendum rules;

(b)   

rule 37(1) of the Assembly Elections Rules.

           

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

      (5)  

A list prepared under rule 27 of the Assembly Elections Rules must not

35

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 27 of the Assembly

Elections Rules has effect, in so far as it relates to ballot papers to be provided

in pursuance of rule 37(1) of those rules, as a reference to the list prepared

40

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

      (7)  

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

relation to ballot papers—

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 1 — Provision about combination

181

 

(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

5

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

Notice of polling stations

9     (1)  

No later than the time of the publication of the notice of the polls, the

counting officer must give public notice of—

(a)   

the situation of each polling station;

10

(b)   

the description of voters entitled to vote there.

      (2)  

The notice must—

(a)   

state that the polls for the referendum, the Assembly constituency

election and the Assembly regional election are to be taken together,

and

15

(b)   

specify the relevant voting area, constituency and region.

      (3)  

As soon as practicable after giving the notice the counting officer must give

a copy of it to—

(a)   

each of the referendum agents appointed for the officer’s area;

(b)   

each of the election agents for the Assembly elections;

20

(c)   

the regional returning officer.

      (4)  

This paragraph applies instead of—

(a)   

rule 11(3) and (4) of the referendum rules;

(b)   

rule 32(2) to (4) of the Assembly Elections rules.

Postal voting

25

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 3 to the

Welsh Assembly Order.

      (2)  

The functions of the constituency returning officer under rule 33 of the

Assembly Elections Rules are to be carried out by the counting officer.

30

      (3)  

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

post in the referendum and in both the Assembly elections must be in the

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

      (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

35

form.

      (5)  

The provisions are—

(a)   

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

(b)   

rule 33(1) of the Assembly Elections Rules.

11    (1)  

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

40

ballot papers are not taken together by virtue of paragraph 2 of Schedule 3

to the Welsh Assembly Order.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 1 — Provision about combination

182

 

      (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.

5

      (4)  

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

the Assembly elections 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 33(1) of the

Assembly Elections Rules for a postal voting statement to be in a particular

10

form.

Polling stations

12         

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

Assembly Elections Rules are to be carried out by the counting officer.

13         

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

15

Appointment of presiding officers and clerks

14         

The functions of the constituency returning officer under the following

paragraphs of rule 35 of the Assembly Elections Rules are to be carried out

by the counting officer—

(a)   

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

20

officers and clerks;

(b)   

paragraph (3).

Official poll cards

15    (1)  

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

referendum and the Assembly elections may be combined.

25

      (2)  

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

referendum and elections must be adapted in whatever manner seems

necessary.

Equipment of polling stations

16         

The functions of the constituency returning officer under rule 37 of the

30

Assembly Elections 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 Assembly elections.

      (2)  

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

show—

35

(a)   

the referendum or Assembly election to which it relates, and

(b)   

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

      (3)  

This paragraph applies instead of rule 37(2) and (3) of the Assembly

Elections Rules.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 6 — Combination of polls: Wales
Part 1 — Provision about combination

183

 

Colour of ballot papers

18         

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

the ballot papers used for the Assembly elections.

Form of corresponding number lists provided to polling stations

19    (1)  

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

5

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 37(5)(d) of the Assembly Elections Rules.

      (2)  

In that case, this paragraph applies instead of—

10

(a)   

the second sentence in rule 17(3) of the referendum rules;

(b)   

the requirement in rule 37(5)(d) of the Assembly Elections Rules to

use a particular form.

Ballot paper displayed in polling stations

20    (1)  

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

15

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

ballot papers to be used for the referendum.

      (2)  

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

under rule 37(7)(a) of the Assembly Elections Rules in respect of each

Assembly election must be of the same colour as the ballot papers to be used

20

for that election.

Guidance to be exhibited inside and outside 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 inside and outside every polling

25

station.

      (2)  

This paragraph applies instead of—

(a)   

rule 17(6) of the referendum rules;

(b)   

rule 37(14) of the Assembly Elections Rules.

Guidance to be exhibited in each polling station compartment

30

22    (1)  

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

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;

35

(b)   

rule 37(15) and (16) of the Assembly Elections Rules.

Notice of appointment of polling and counting agents

23         

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

rule 38(5), (6) or (7) of the Assembly Elections Rules is to be given to the

counting officer.

40

 
 

 
previous section contents continue
 

© Parliamentary copyright
Revised 10 February 2011