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Parliamentary Voting System and Constituencies Bill


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

26

 

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

27

 

(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

28

 

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

29

 

(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

30

 
 

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

 
 
 

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

31

 
 

Final proceedings

 
 

45 & 46

Declaration by counting officers

 
 

47

Declaration by Regional Counting Officers

 
 

48

Declaration of referendum result by Chief

 
  

Counting Officer

 

5

 

Disposal of documents

 
 

49

Sealing up of ballot papers

 
 

50

Delivery or retention of documents

 
 

51

Orders for production of documents

 
 

52

Retention and public inspection of documents

 

10

 

Supplementary

 
 

53

Interpretation

 
 

Part 2: Forms referred to in referendum rules

 

Form 1

Form of ballot paper

 
 

Form 2

Form of corresponding number list (to be used

 

15

  

if referendum taken alone)

 
 

Form 3

Form of postal voting statement

 
 

Form 4

Declaration of identity (Northern Ireland)

 
 

Form 5

Official poll card (to be sent to an elector not

 
  

voting by post)

 

20

 

Form 6

Official postal poll card (to be sent to an elector

 
  

voting by post)

 
 

Form 7

Official proxy poll card (to be sent to an

 
  

appointed proxy voting in person)

 
 

Form 8

Official proxy postal poll card (to be sent to an

 

25

  

appointed proxy voting by post)

 
 

Form 9

Official poll card (to be sent to an elector in

 
  

Northern Ireland not voting by post)

 
 

Form 10

Official proxy poll card (to be sent to an

 
  

appointed proxy voting in person in Northern

 

30

  

Ireland)

 
 

Form 11

Form of corresponding number list (to be used

 
  

in polling stations if referendum taken alone)

 
 

Form 12

Form of directions for the guidance of the

 
  

voters in voting

 

35

 

Form 13

Form of certificate of employment

 
 

Form 14

Form of declaration to be made by the

 
  

companion of a voter with disabilities

 
 
 

Parliamentary Voting System and Constituencies Bill
Schedule 2 — Rules for conduct of the referendum
Part 1 — Referendum rules

32

 

Part 1

Referendum rules

Time

Timetable

1          

The proceedings at the referendum are to be conducted in accordance with

5

the following table.

 

Proceeding

Time

 
 

Publication of notice

Not later than the 25th day

 
 

of referendum

before the day of the

 
  

referendum

 

10

 

Notice of poll

Not later than the 15th day

 
  

before the day of the

 
  

referendum

 
 

Hours of polling

Between 7 am and 10 pm on

 
  

the day of the referendum

 

15

Computation of time

2     (1)  

In calculating any period of time (other than a year) for the purposes of these

rules the following are to be disregarded—

(a)   

Saturdays and Sundays,

(b)   

Good Friday and any other day that is a bank holiday under the

20

Banking and Financial Dealings Act 1971 in any part of the United

Kingdom, and

(c)   

any day appointed as a day of public thanksgiving or mourning.

      (2)  

In relation to proceedings adjourned by a presiding officer under rule 37

(riot or open violence), the reference in paragraph (1)(b) to a day that is a

25

bank holiday in any part of the United Kingdom is to be read as a reference

to a day that is a bank holiday in the part of the United Kingdom where the

proceedings are adjourned.

General provisions

Notice of referendum

30

3          

Each counting officer must give public notice of the referendum stating—

(a)   

the date of the poll;

(b)   

the date by which—

(i)   

applications to vote by post or by proxy, and

(ii)   

other applications and notices about postal or proxy voting,

35

   

must reach the registration officer in order that they may be effective

for the referendum.

 
 

 
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Revised 10 February 2011