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Parliamentary Voting System and Constituencies Bill


Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 1 — Provision about combination

261

 
 

Signed: ...........................................................

 
  

Counting officer

 
   
 

NOTES

 
 

1.

The references to paragraphs are to paragraphs of Schedule 4 to the

 

5

  

Scottish Parliament (Elections etc.) Order 2010 as applied by the

 
  

Parliamentary Voting System and Constituencies Act 2011.

 
 

2.

The completed statement must be sent to the Secretary of State and to

 
  

the Electoral Commission during a period of 6 days starting 10 days

 
  

after the day of the poll.

 

10

    

Schedule 8

Section 4

 

Combination of polls: Northern Ireland

Part 1

Provision about combination

15

General provisions

Interpretation

1     (1)  

An election the poll for which is, under section 4(4), to be taken together with

the poll for the referendum is referred to in this Schedule as a “relevant

election”.

20

      (2)  

The polls to be taken together are referred to in this Schedule as “combined

polls”.

2          

In this Schedule—

“Assembly election” means an election to the Northern Ireland

Assembly;

25

“Assembly Elections Rules” means the parliamentary elections rules as

applied for the purposes of Assembly elections by Article 3(1) of, and

Schedule 1 to, the Northern Ireland Assembly (Elections) Order 2001

(S.I. 2001/2599);

“Chief Electoral Officer” means the Chief Electoral Officer for Northern

30

Ireland;

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

counting agent for a relevant election (except where one or other is

specified);

“local election” has the meaning given in section 130(1) of the Electoral

35

Law Act (Northern Ireland) 1962;

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 1 — Provision about combination

262

 

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

Electoral Law Act (Northern Ireland) 1962.

Cost of combined polls

3          

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

to the referendum or to a particular relevant election), and any cost

5

attributable to their combination, is to be apportioned equally among them.

Publication of statement of persons nominated

4     (1)  

The statement of persons nominated at the relevant elections must be

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

      (2)  

The timetables set out in the following provisions are to be read with

10

whatever modifications are necessary to give effect to sub-paragraph (1)—

(a)   

rule 1 of the Assembly Elections Rules;

(b)   

rule 1 of the Local Elections Rules.

Directions by Chief Counting Officer to Chief Electoral Officer

5     (1)  

The reference in paragraph 5(5)(a) of Schedule 1 to a counting officer’s

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functions includes (subject to sub-paragraph (5)) the functions of the Chief

Electoral Officer that are conferred by—

(a)   

the relevant provisions of the Assembly Elections Rules;

(b)   

the relevant provisions of the Local Elections Rules;

(c)   

Part 5 of the Representation of the People (Northern Ireland)

20

Regulations 2008 (S.I. 2008/1741) or Part 3 of Schedule 2 to the Local

Elections (Northern Ireland) Order 1985 (S.I. 1985/454) (issue and

receipt of postal ballot papers);

(d)   

paragraph 33(1), (2)(b) and (6) below.

      (2)  

The reference in paragraph 5(5)(c) of that Schedule to information that a

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counting officer has or is entitled to have includes information that the Chief

Electoral Officer has, or is entitled to have, by virtue of exercising those

functions.

      (3)  

The relevant provisions of the Assembly Elections Rules are—

(a)   

rule 19A (corresponding number list);

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(b)   

rule 23(2) (notice of situation of polling stations etc);

(c)   

rule 24 (postal ballot papers);

(d)   

rule 25 (provision of polling stations);

(e)   

in rule 26 (appointment of presiding officers and clerks), paragraph

(1) to the extent that it concerns the appointment of presiding officers

35

and clerks to assist them, and paragraph (2);

(f)   

rule 29 (equipment of polling stations);

(g)   

rule 31(a) (notification of requirement of secrecy at polling stations);

(h)   

rule 31A (return of postal ballot papers);

(i)   

rule 32(3) (certificate as to employment);

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(j)   

rule 33(2)(b) (authorisation to remove person from polling station).

      (4)  

The relevant provisions of the Local Elections Rules are—

(a)   

rule 16A (corresponding number list);

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 1 — Provision about combination

263

 

(b)   

rule 20(2) (notice of situation of polling stations etc);

(c)   

rule 21 (postal ballot papers);

(d)   

rule 22 (provision of polling stations);

(e)   

in rule 23 (appointment of presiding officers and clerks), paragraph

(1) to the extent that it concerns the appointment of presiding officers

5

and clerks to assist them, and paragraph (2);

(f)   

rule 26 (equipment of polling stations);

(g)   

rule 28(a) (notification of requirement of secrecy at polling stations);

(h)   

rule 29(3) (certificate as to employment);

(i)   

rule 30(2)(b) (authorisation to remove person from polling station).

10

      (5)  

Functions of the Chief Electoral Officer conferred by—

(a)   

a provision referred to in sub-paragraph (1)(c), (3)(c) or (h) or (4)(c),

(b)   

rule 19A of the Assembly Elections Rules to the extent that it relates

to ballot papers issued in pursuance of rule 24(1) of those rules,

(c)   

rule 16A of the Local Elections Rules to the extent that it relates to

15

ballot papers issued in pursuance of rule 21(1) of those rules, or

(d)   

paragraph 33(2)(b) below,

           

fall within sub-paragraph (1) only where the Chief Electoral Officer decides

that the proceedings on the issue and receipt of postal ballot papers in

respect of the referendum and the relevant elections are to be taken together.

20

      (6)  

The Chief Electoral Officer may not decide that the proceedings on the issue

and receipt of postal ballot papers in respect of the referendum and the

relevant elections are to be taken together unless the Chief Counting Officer

agrees.

Forms

25

6          

Forms 2 to 5, 7 and 8 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

7     (1)  

This paragraph applies where the Chief Electoral Officer decides that the

30

proceedings on the issue and receipt of postal ballot papers in respect of the

referendum and the relevant elections are to be taken together.

      (2)  

If the Chief Electoral Officer thinks fit, the lists to be prepared under the

following provisions may be combined in the form set out in Form 1 in Part

3 of this Schedule—

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(a)   

rule 6 of the referendum rules;

(b)   

rule 19A of the Assembly Elections Rules;

(c)   

rule 16A of the Local Elections Rules.

      (3)  

In that case, this paragraph applies instead of—

(a)   

rule 6(2) of the referendum rules;

40

(b)   

rule 19A(2) of the Assembly Elections Rules;

(c)   

rule 16A(2) of the Local Elections Rules.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 1 — Provision about combination

264

 

8     (1)  

This paragraph applies where the Chief Electoral Officer decides that the

proceedings on the issue and receipt of postal ballot papers in respect of the

referendum and the relevant elections are not to be taken together.

      (2)  

If the Chief Electoral Officer thinks fit, the officer may prepare a single list

containing the numbers and other unique identifying marks of all of the

5

ballot papers to be provided to presiding officers in pursuance of the

following provisions—

(a)   

rule 17(1) of the referendum rules;

(b)   

rule 29(1) of the Assembly Elections Rules;

(c)   

rule 26(1) of the Local Elections Rules.

10

      (3)  

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

      (4)  

If a list is prepared in relation to ballot papers under this paragraph, the list

prepared under the following provisions must not include details relating to

those ballot papers—

(a)   

rule 6 of the referendum rules;

15

(b)   

rule 19A of the Assembly Elections Rules;

(c)   

rule 16A of the Local Elections Rules.

      (5)  

A reference in an enactment to a list prepared under a provision mentioned

in sub-paragraph (4) has effect, in so far as it relates to ballot papers to be

provided in pursuance of the provisions mentioned in sub-paragraph (2), as

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a reference to the list prepared under this paragraph.

Notice of polling stations

9     (1)  

The notice given under rule 11(3) of the referendum rules must—

(a)   

state that the poll for the referendum is to be taken together with the

poll for the relevant elections, and

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(b)   

specify the constituency or district council for which each relevant

election is to be held.

      (2)  

The notice given under rule 23(2) of the Assembly Elections Rules must—

(a)   

state that the poll for the Assembly election is to be taken together

with the poll for the referendum, and

30

(b)   

state that the poll for the Assembly election is to be taken together

with the poll for a local election, specifying the relevant district

council.

      (3)  

The notice given under rule 20(2) of the Local Elections Rules must—

(a)   

state that the poll for the local election is to be taken together with the

35

poll for the referendum, and

(b)   

state that the poll for the local election is to be taken together with the

poll for an Assembly election, specifying the relevant constituency.

Declarations of identity

10    (1)  

This paragraph applies where the Chief Electoral Officer decides that the

40

proceedings on the issue and receipt of postal ballot papers in respect of the

referendum and the relevant elections are to be taken together.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 1 — Provision about combination

265

 

      (2)  

The declaration of identity to be issued to those entitled to vote by post in

the referendum and in the relevant elections must be in the form set out in

Form 2 in Part 3 of this Schedule.

      (3)  

Where that form is used, this paragraph applies instead of any requirement

in the following provisions for a declaration of identity to be in a particular

5

form.

      (4)  

The provisions are—

(a)   

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

(b)   

rule 24(1)(c) of the Assembly Elections Rules;

(c)   

rule 21(1) of the Local Elections Rules.

10

11    (1)  

This paragraph applies where the Chief Electoral Officer decides that the

proceedings on the issue and receipt of postal ballot papers in respect of the

referendum and the relevant elections are not to be taken together.

      (2)  

The declaration of identity 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

15

Schedule.

      (3)  

Sub-paragraph (2) applies instead of the requirement in rule 12(1)(c) of the

referendum rules for a declaration of identity to be in a particular form.

      (4)  

The declaration of identity to be used by those entitled to vote by post in the

Assembly election must be in the form set out in Form 4 in Part 3 of this

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Schedule.

      (5)  

Sub-paragraph (4) applies instead of the requirement in rule 24(1) of the

Assembly Elections Rules for a declaration of identity to be in a particular

form.

      (6)  

The declaration of identity to be used by those entitled to vote by post in the

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local election must be in the form set out in Form 5 in Part 3 of this Schedule.

      (7)  

Sub-paragraph (6) applies instead of the requirement in rule 21(1) of the

Local Elections Rules for a declaration of identity to be in a particular form.

Colour of ballot papers

12         

The ballot papers used for the referendum and for each relevant election

30

must be of a different colour.

Polling stations

13         

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

Official poll cards

14    (1)  

If the Chief Electoral Officer thinks fit, the official poll cards used for the

35

referendum and the relevant elections may be combined.

      (2)  

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

referendum and relevant elections must be adapted in whatever manner

seems necessary.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 1 — Provision about combination

266

 

Ballot boxes

15    (1)  

If the Chief Electoral Officer thinks fit, the same ballot box may be used at

the polls for the referendum and the relevant elections.

      (2)  

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

show—

5

(a)   

the poll to which it relates, and

(b)   

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

Form of corresponding number lists provided to polling stations

16    (1)  

If the Chief Electoral Officer thinks fit, the lists to be provided under the

following provisions may be combined in the form set out in Form 6 in Part

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3 of this Schedule—

(a)   

rule 17(3)(d) of the referendum rules;

(b)   

rule 29(3)(e) of the Assembly Elections Rules;

(c)   

rule 26(3)(e) of the Local Elections Rules.

      (2)  

In that case, this paragraph applies instead of—

15

(a)   

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

(b)   

rule 26(3ZC) of the Local Elections Rules.

Ballot paper displayed in polling stations

17    (1)  

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

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

20

ballot papers to be used for the referendum.

      (2)  

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

under rule 29(3A)(a) of the Assembly Elections Rules must be of the same

colour as the ballot papers to be used for the Assembly election.

      (3)  

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

25

under rule 26(3A)(a) of the Local Elections Rules must be of the same colour

as the ballot papers to be used for the local election.

Guidance to be exhibited outside and inside polling stations

18    (1)  

Rule 17 of the referendum rules has effect as if—

(a)   

in paragraph (6), for “inside and outside every polling station” there

30

were substituted “outside every polling station and in every

compartment of every polling station”, and

(b)   

paragraph (7) were omitted.

      (2)  

Rule 29 of the Assembly Elections Rules has effect as if—

(a)   

in paragraph (4), for “inside and outside every polling station” there

35

were substituted “outside every polling station and in every

compartment of every polling station”, and

(b)   

paragraph (5) were omitted.

      (3)  

The notice referred to in rule 29(4) of the Assembly Elections Rules or rule

26(4) of the Local Elections Rules—

40

(a)   

must clearly indicate the election to which it relates, and

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 8 — Combination of polls: Northern Ireland
Part 1 — Provision about combination

267

 

(b)   

must be on paper of the same colour as the ballot papers used for the

election to which it relates,

           

and the notice referred to in rule 17(6) of the referendum rules must be on

paper of the same colour as the ballot papers used for the referendum.

      (4)  

If the Chief Electoral Officer thinks fit, a notice in the form set out in Form 7

5

in Part 3 of this Schedule, giving directions for the guidance of voters in

voting—

(a)   

must be printed in conspicuous characters;

(b)   

must be exhibited outside every polling station and in every

compartment of every polling station.

10

      (5)  

In that case, paragraph (4) applies instead of—

(a)   

paragraphs (1) to (3);

(b)   

rule 17(6) and (7) of the referendum rules;

(c)   

rule 29(4) and (5) of the Assembly Elections Rules;

(d)   

rule 26(4) of the Local Elections Rules.

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The poll

Admission to the polling station

19    (1)  

Rule 21(1) of the referendum rules has effect as if the persons listed there

included persons who would be entitled to be admitted to the polling station

for any relevant election if the poll for that election were held on its own.

20

      (2)  

Rule 32(1) of the Assembly Elections Rules has effect as if the persons listed

there included—

(a)   

persons who would be entitled to be admitted to the polling station

for the referendum if the poll for the referendum were held on its

own, and

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(b)   

persons who would be entitled to be admitted to the polling station

for the local election if the poll for that election were held on its own.

      (3)  

Rule 29(1) of the Local Elections Rules has effect as if the persons listed there

included—

(a)   

persons who would be entitled to be admitted to the polling station

30

for the referendum if the poll for the referendum were held on its

own, and

(b)   

persons who would be entitled to be admitted to the polling station

for the Assembly election if the poll for that election were held on its

own.

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Questions to be put to voters

20    (1)  

Rule 35 of the Assembly Elections Rules has effect as if, in the questions in

entries 1, 2 and 4 of the table in paragraph (1), after “at this” (in each place)

there were inserted “Assembly”.

      (2)  

Rule 32 of the Local Elections Rules has effect as if, in paragraphs (1) and (2),

40

after “at this” (in each place) there were inserted “local”.

 
 

 
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