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Parliamentary Voting System and Constituencies Bill


Parliamentary Voting System and Constituencies Bill
Part 1 — Voting system for parliamentary elections

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6       

Control of loans etc to permitted participants

(1)   

The 2000 Act has effect in relation to the referendum as if the Schedule set out

in Schedule 9 to this Act were inserted in that Act as Schedule 15A.

(2)   

Section 120 of the 2000 Act (returns as to referendum expenses) has effect in

relation to the referendum as if at the end of subsection (2)(d) there were

5

inserted “and a statement of regulated transactions entered into in respect of

the referendum which complies with the requirements of paragraphs 11 to 15

of Schedule 15A”.

(3)   

Section 123 of the 2000 Act (declaration of responsible person as to return

under section 120) has effect in relation to the referendum as if for subsection

10

(3) there were substituted—

“(3)   

In a case where the permitted participant either is not a registered party

or is a minor party, the declaration must also—

(a)   

in relation to all relevant donations recorded in the return as

having been accepted by the permitted participants—

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(i)   

state that they were all from permissible donors, or

(ii)   

state whether or not section 56(2) was complied with in

the case of each of those donations that was not from a

permissible donor;

(b)   

in relation to all regulated transactions recorded in the return as

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having been entered into by the permitted participant—

(i)   

state that none of the transactions was made void by

paragraph 5(2) or (6) or 6(3) of Schedule 15A, or

(ii)   

state whether or not paragraph 5(3)(a) of that Schedule

was complied with in the case of each of the transactions

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that was made void by paragraph 5(2) or (6) of that

Schedule.”

(4)   

Section 124 of the 2000 Act (public inspection of returns under section 120) has

effect in relation to the referendum as if for subsection (2) there were

substituted—

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“(2)   

If the return contains a statement of relevant donations or a statement

of regulated transactions in accordance with section 120(2)(d), the

Commission shall secure that the copy of the statement made available

for public inspection does not include—

(a)   

in the case of any donation by an individual, the donor’s

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address;

(b)   

in the case of a transaction entered into by the permitted

participant with an individual, the individual’s address.”

(5)   

Schedule 15 to the 2000 Act (control of donations to permitted participants) has

effect in relation to the referendum as if—

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(a)   

paragraph (d) of paragraph 2(1) were omitted, together with paragraph

2(3)(a), the words “the loan or” in paragraphs 2(3) and 5(4)(a), the

words “(d) or” in paragraph 5(4), and paragraph 5(4)(a)(i);

(b)   

for paragraph (b) of paragraph 10(2) there were substituted—

“(b)   

the value of it and any other relevant benefit or benefits

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is more than that amount.

 
 

Parliamentary Voting System and Constituencies Bill
Part 1 — Voting system for parliamentary elections

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In paragraph (b) “relevant benefit” means any relevant donation or

regulated transaction (within the meaning of Schedule 15A) made by,

or entered into with, the person who made the donation.”

(6)   

Schedule 19C to the 2000 Act (civil sanctions), and any order under Part 5 of

that Schedule, have effect as if offences under paragraph 8(1) to (12) of the

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Schedule set out in Schedule 9 to this Act were offences prescribed in an order

under that Part.

(7)   

Paragraphs 4, 5, 6 and 8 of the Schedule set out in Schedule 9 do not apply to

regulated transactions (within the meaning of that Schedule) entered into

before the commencement of this section; but otherwise the provisions of this

10

section (and that Schedule) apply to such transactions entered into before as

well as after that commencement.

(8)   

Paragraph 7 of that Schedule applies only to a purported transfer made on or

after the commencement of this section.

7       

Interpretation

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(1)   

In this Part—

“the 1983 Act” means the Representation of the People Act 1983;

“the 2000 Act” means the Political Parties, Elections and Referendums Act

2000;

“Chief Counting Officer” means the Chief Counting Officer for the

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referendum (see section 128(2) of the 2000 Act);

“counting officer” has the meaning given by paragraph 2 of Schedule 1;

“enactment” includes—

(a)   

any provision of an Act,

(b)   

any provision of, or of any instrument made under, an Act of

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the Scottish Parliament,

(c)   

any provision of, or of any instrument made under, Northern

Ireland legislation, and

(d)   

any provision of subordinate legislation (within the meaning of

the Interpretation Act 1978);

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“the Minister” means the Lord President of the Council or the Secretary of

State;

“permitted participant” has the same meaning as in Part 7 of the 2000 Act

(see section 105(1) of that Act);

“the referendum” means the referendum under section 1;

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“referendum rules” means the rules in Part 1 of Schedule 2;

“Regional Counting Officer” means an officer appointed under paragraph

3(1) of Schedule 1;

“registration officer” has the meaning given in section 8 of the 1983 Act;

“responsible person” has the same meaning as in Part 7 of the 2000 Act

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(see section 105(2) of that Act).

(2)   

Each of the following, as it exists on the day of the referendum, is a “voting

area” for the purposes of this Part—

(a)   

a district in England for which there is a district council;

(b)   

a county in England in which there are no districts with councils;

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(c)   

a London borough;

(d)   

the City of London (including the Inner and Middle Temples);

 
 

Parliamentary Voting System and Constituencies Bill
Part 1 — Voting system for parliamentary elections

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(e)   

the Isles of Scilly;

(f)   

a constituency for the National Assembly for Wales;

(g)   

a constituency for the Scottish Parliament;

(h)   

Northern Ireland.

Result of the referendum

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8       

Commencement or repeal of amending provisions

(1)   

The Minister must make an order bringing into force section 9, Schedule 10 and

Part 1 of Schedule 12 (“the alternative vote provisions”) if—

(a)   

more votes are cast in the referendum in favour of the answer “Yes”

than in favour of the answer “No”, and

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(b)   

the draft of an Order in Council laid before Parliament under

subsection (5A) of section 3 of the Parliamentary Constituencies Act

1986 (substituted by section 10(6) below) has been submitted to Her

Majesty in Council under section 4 of that Act.

(2)   

If more votes are not cast in the referendum in favour of the answer “Yes” than

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in favour of the answer “No”, the Minister must make an order repealing the

alternative vote provisions.

(3)   

An order under subsection (1)—

(a)   

must bring the alternative vote provisions into force on the same day as

the coming into force of the Order in Council in terms of the draft

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referred to in paragraph (b) of that subsection, but

(b)   

does not affect any election held before the first parliamentary general

election following that day.

9       

The alternative vote system: amendments

(1)   

In Schedule 1 to the 1983 Act (parliamentary elections rules), after rule 37 there

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is inserted—

“How votes are to be given

37A   (1)  

A voter votes by marking the ballot paper with—

(a)   

the number 1 opposite the name of the candidate who is the

voter’s first preference (or, as the case may be, the only

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candidate for whom the voter wishes to vote),

(b)   

if the voter wishes, the number 2 opposite the name of the

candidate who is the voter’s second preference,

           

and so on.

      (2)  

The voter may mark as many preferences (up to the number of

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candidates) as the voter wishes.”

(2)   

After rule 45 in that Schedule there is inserted—

“How votes are to be counted

45A   (1)  

This rule sets out how votes are to be counted, in one or more stages

of counting, in order to give effect to the preferences marked by

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Parliamentary Voting System and Constituencies Bill
Part 1 — Voting system for parliamentary elections

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voters on their ballot papers and so to determine which candidate is

elected.

      (2)  

Votes shall be allocated to candidates in accordance with voters’ first

preferences and, if one candidate has more votes than the other

candidates put together, that candidate is elected.

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      (3)  

If not, the candidate with the fewest votes is eliminated and that

candidate’s votes shall be dealt with as follows—

(a)   

each vote cast by a voter who also ranked one or more of the

remaining candidates shall be reallocated to that remaining

candidate or (as the case may be) to the one that the voter

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ranked highest;

(b)   

any votes not reallocated shall play no further part in the

counting.

      (4)  

If after that stage of counting one candidate has more votes than the

other remaining candidates put together, that candidate is elected.

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      (5)  

If not, the process mentioned in paragraph (3) above shall be

repeated as many times as necessary until one candidate has more

votes than the other remaining candidates put together, and so is

elected.

Information to be given by returning officer after each stage of counting

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45B   (1)  

If no candidate is elected (as mentioned in rule 45A(2)) at the first

stage of counting, the returning officer shall, immediately after that

stage, record and make publicly available the following

information—

(a)   

the number of first-preference votes obtained by each

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candidate;

(b)   

which candidate was eliminated;

(c)   

the number of rejected ballot papers.

      (2)  

Immediately after each subsequent stage of counting, except the final

stage (on completion of which the requirements in rule 50 apply), the

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returning officer shall record and make publicly available the

following information—

(a)   

the number of votes obtained by each candidate at that stage

(including any reallocated in accordance with rule 45A);

(b)   

which candidate was eliminated at that stage;

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(c)   

the number of votes of the candidate eliminated at the

previous stage that were not reallocated.”

(3)   

Schedule 10 makes further amendments to the parliamentary elections rules,

and other legislation, in connection with the alternative vote system.

(4)   

The Minister may by order make any amendments to primary or secondary

40

legislation (whenever passed or made) that are consequential on amendments

made by this section or Schedule 10.

(5)   

In subsection (4) “primary or secondary legislation” means any provision of, or

made under, any Act.

(6)   

An order under subsection (4) may include transitional or saving provision.

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Parliamentary Voting System and Constituencies Bill
Part 2 — Parliamentary constituencies

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(7)   

An order under subsection (4) may not be made unless a draft of the order has

been laid before, and approved by a resolution of, each House of Parliament.

(8)   

Before making an order under subsection (4) the Minister must consult the

Electoral Commission.

Part 2

5

Parliamentary constituencies

10      

Boundary Commissions: reports etc

(1)   

In the Parliamentary Constituencies Act 1986 (“the 1986 Act”) section 3 (reports

of the Boundary Commissions) is amended as set out in subsections (2) to (7).

(2)   

In subsection (1)—

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(a)   

in paragraph (a), for “paragraphs 1 to 6 of Schedule 2 to this Act (read

with paragraph 7 of that Schedule)” there is substituted “Schedule 2 to

this Act”;

(b)   

in paragraph (b), the words “(read with paragraph 7)” are repealed.

(3)   

For subsection (2) there is substituted—

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“(2)   

A Boundary Commission shall submit reports under subsection (1)

above periodically—

(a)   

before 1st October 2013, and

(b)   

before 1st October of every fifth year after that.”

(4)   

After subsection (2A) there is inserted—

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“(2B)   

In relation to any report which a Boundary Commission are required

by subsection (2) above to submit before a particular date but have not

yet submitted (a “pending boundary report”), the Commission shall

submit to the Speaker of the House of Commons—

(a)   

during the January that begins one year and nine months before

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that date, and

(b)   

during each subsequent January,

   

a report setting out what progress they have made with the preparation

of the pending boundary report, with particular reference to the

requirement in subsection (2) above.

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(2C)   

On receiving a report under subsection (2B) above, the Speaker shall lay

it before Parliament.”

(5)   

Subsection (3) is repealed.

(6)   

For subsection (5) there is substituted—

“(5)   

As soon as may be after the submission of a report under subsection (1)

35

above, the Secretary of State shall lay the report before Parliament.

(5A)   

As soon as may be after the submission of all four reports under

subsection (1) above that are required by subsection (2) above to be

submitted before a particular date, the Secretary of State shall lay before

Parliament the draft of an Order in Council for giving effect to the

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recommendations contained in them.

(5B)   

Where—

 
 

Parliamentary Voting System and Constituencies Bill
Part 2 — Parliamentary constituencies

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(a)   

a Boundary Commission have submitted a report under

subsection (1) above (but no draft under subsection (5A) above

has yet been laid in relation to the report),

(b)   

the Commission notify the Secretary of State that the

recommendations contained in the report are to have effect with

5

specified modifications, and

(c)   

the Commission submit to the Secretary of State a statement of

the reasons for those modifications,

   

the draft under subsection (5A) above shall give effect to the

recommendations with those modifications.

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(5C)   

Subsections (5A) and (5B) above do not apply where each of the reports

mentioned in subsection (5) above states that no alteration is required

to be made in respect of the part of the United Kingdom with which the

Commission in question are concerned.”

(7)   

Subsections (7) and (8) are repealed.

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(8)   

In section 4(2) of the 1986 Act (Orders in Council), for “a statement” there is

substituted “the statement submitted under section 3(5B)(c) above”.

(9)   

In Schedule 1 to the 1986 Act (the Boundary Commissions), in paragraph 5(d)

(assessor officers of the Boundary Commission for Northern Ireland)—

(a)   

for “and the” there is substituted “, the”;

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(b)   

at the end there is inserted “and the Chief Survey Officer of Land and

Property Services”.

(10)   

In paragraph 6 of that Schedule (assistant Commissioners)—

(a)   

in sub-paragraph (1), for the words after “assistant Commissioners”

there is substituted “to assist the Commission in the discharge of their

25

functions.”;

(b)   

in sub-paragraph (2), for “inquiry” there is substituted “matter”.

(11)   

In Article 3 of the Lord President of the Council Order 2010 (S.I. 2010/1837)

(which makes certain functions of the Secretary of State exercisable

concurrently with the Lord President) the reference in paragraph (1) to the

30

Parliamentary Constituencies Act 1986 is to be read as a reference to that Act

as amended by this section.

11      

Number and distribution of seats

(1)   

For Schedule 2 to the 1986 Act there is substituted—

“Schedule 2

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Section 3

 

            Rules for distribution of seats

Number of constituencies

1          

The number of constituencies in the United Kingdom shall be 600.

Electorate per constituency

2     (1)  

The electorate of any constituency shall be—

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(a)   

no less than 95% of the United Kingdom electoral quota, and

(b)   

no more than 105% of that quota.

 
 

Parliamentary Voting System and Constituencies Bill
Part 2 — Parliamentary constituencies

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      (2)  

This rule is subject to rules 4(2), 7(2), 8(2) and 9.

      (3)  

In this Schedule the “United Kingdom electoral quota” means—equation: over[char[U],num[598.0000000000000000,"598"]]

           

where U is the electorate of the United Kingdom minus the electorate

of the constituencies mentioned in rule 7.

Allocation of constituencies to parts of the United Kingdom

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3     (1)  

Each constituency shall be wholly in one of the four parts of the

United Kingdom (England, Wales, Scotland and Northern Ireland).

      (2)  

The number of constituencies in each part of the United Kingdom

shall be determined in accordance with the allocation method set out

in rule 10.

10

Area of constituencies

4     (1)  

A constituency shall not have an area of more than 13,000 square

kilometres.

      (2)  

A constituency does not have to comply with rule 2(1)(a) if—

(a)   

it has an area of more than 12,000 square kilometres, and

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(b)   

the Boundary Commission concerned are satisfied that it is

not reasonably possible for the constituency to comply with

that rule.

Factors

5     (1)  

A Boundary Commission may take into account, if and to such extent

20

as they think fit—

(a)   

special geographical considerations, including in particular

the size, shape and accessibility of a constituency;

(b)   

local government boundaries as they exist on the most recent

ordinary council-election day before the review date;

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(c)   

boundaries of existing constituencies;

(d)   

any local ties that would be broken by changes in

constituencies;

(e)   

the inconveniences attendant on such changes.

      (2)  

The Boundary Commission for England may take into account, if

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and to such extent as they think fit, boundaries of the electoral

regions specified in Schedule 1 to the European Parliamentary

Elections Act 2002 (ignoring paragraph 2(2) of that Schedule and the

references to Gibraltar) as it has effect on the most recent ordinary

council-election day before the review date.

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      (3)  

This rule has effect subject to rules 2 and 4.

Exceptional circumstances

6          

If, but only if, a Boundary Commission are satisfied that—

 
 

 
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