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Parliamentary Voting System and Constituencies Bill


Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 1 — Great Britain

79

 

Schedule 3

Section 3

 

Absent voting in the referendum

Part 1

Great Britain

Interpretation

5

1          

In this Part of this Schedule—

“anonymous entry”, in relation to a register of electors, is to be read in

accordance with section 9B of the 1983 Act;

“European Parliamentary Elections Regulations” means the European

Parliamentary Elections Regulations 2004 (S.I. 2004/293);

10

“peer” means a peer who is a member of the House of Lords;

“relevant register” means—

(a)   

a register of parliamentary electors, or

(b)   

in relation to a peer—

(i)   

a register of local government electors, or

15

(ii)   

a register of peers maintained under section 3 of the

Representation of the People Act 1985 (peers resident

outside the United Kingdom);

“the relevant regulations”—

(a)   

in relation to England and Wales, means the Representation

20

of the People (England and Wales) Regulations 2001

(S.I. 2001/341) as applied by Schedule 4;

(b)   

in relation to Scotland, means the Representation of the

People (Scotland) Regulations 2001 (S.I. 2001/497) as so

applied;

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“the RPA 2000” means the Representation of the People Act 2000.

Manner of voting in the referendum

2     (1)  

This paragraph applies to determine the manner of voting in England and

Wales or Scotland of a person entitled to vote in the referendum.

      (2)  

The person may vote in person at the polling station allotted to him or her

30

under the referendum rules, unless the person is entitled to vote by post or

by proxy in the referendum.

      (3)  

The person may vote by post if the person is entitled to vote by post in the

referendum.

      (4)  

If the person is entitled to vote by proxy in the referendum, the person may

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so vote unless, before a ballot paper has been issued for the person to vote

by proxy, the person applies at the polling station allotted to him or her

under the referendum rules for a ballot paper for the purpose of voting in

person, in which case he or she may vote in person there.

      (5)  

If—

40

(a)   

the person is not entitled to vote by post or by proxy in the

referendum, but

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 1 — Great Britain

80

 

(b)   

the person cannot reasonably be expected to go in person to the

polling station allotted to him or her under the referendum rules by

reason of the particular circumstances of his or her employment,

either as a constable or by the counting officer, on the date of the poll

for a purpose connected with the referendum,

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he or she may vote in person at any polling station.

      (6)  

Nothing in this paragraph applies to a person to whom section 7 of the 1983

Act (mental patients who are not detained offenders) applies and who is

liable, by virtue of any enactment, to be detained in the mental hospital in

question, whether the person is registered by virtue of that provision or not;

10

and such a person may vote—

(a)   

in person (where the person is granted permission to be absent from

the hospital and voting in person does not breach any condition

attached to that permission), or

(b)   

by post or by proxy (where the person is entitled to vote by post or,

15

as the case may be, by proxy in the referendum).

      (7)  

Nothing in this paragraph applies to a person to whom section 7A of the

1983 Act (persons remanded in custody) applies, whether the person is

registered by virtue of that provision or not; and such a person may vote

only by post or by proxy (where the person is entitled to vote by post or, as

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the case may be, by proxy in the referendum).

      (8)  

Sub-paragraph (2) does not prevent a person, at the polling station allotted

to him or her, marking a tendered ballot paper in pursuance of rule 32 of the

referendum rules.

Entitlement to vote by post or by proxy

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3     (1)  

A person entitled to vote in the referendum is entitled to vote by post or by

proxy if sub-paragraph (2) or (3) (as the case may be) applies to the person.

      (2)  

This sub-paragraph applies to a person who is shown in the postal voters list

mentioned in paragraph 5(2) as entitled to vote by post in the referendum.

      (3)  

This sub-paragraph applies to a person who is shown in the list of proxies

30

mentioned in paragraph 5(3) as entitled to vote by proxy in the referendum.

Application to vote by post or by proxy in the referendum

4     (1)  

Where a person applies to the registration officer to vote by post in the

referendum, the registration officer must grant the application if—

(a)   

the officer is satisfied that the applicant is or will be registered in a

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relevant register, and

(b)   

the application contains the applicant’s signature and date of birth

and meets the requirements prescribed by the relevant regulations.

      (2)  

Where a person applies to the registration officer to vote by proxy in the

referendum, the registration officer must grant the application if—

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(a)   

the officer is satisfied that the applicant’s circumstances on the date

of the poll will be or are likely to be such that the applicant cannot

reasonably be expected to vote in person at the polling station

allotted or likely to be allotted to the applicant under the referendum

rules,

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Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 1 — Great Britain

81

 

(b)   

the officer is satisfied that the applicant is or will be registered in a

relevant register, and

(c)   

the application contains the applicant’s signature and date of birth

and meets the requirements prescribed by the relevant regulations.

      (3)  

Where a person—

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(a)   

has an anonymous entry in a relevant register, and

(b)   

applies to the registration officer to vote by proxy in the referendum,

           

the registration officer must grant the application if it meets the

requirements prescribed by the relevant regulations.

      (4)  

Nothing in sub-paragraph (1), (2) or (3) applies to—

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(a)   

a person who is included in the record kept under paragraph 3 of

Schedule 4 to the RPA 2000 (absent vote at elections for definite or

indefinite period) in respect of parliamentary elections,

(b)   

a peer who is included in the record kept under paragraph 3 of

Schedule 4 to the RPA 2000 (absent vote at elections for definite or

15

indefinite period) in respect of local government elections, or

(c)   

a peer who is included in the record kept under paragraph 3 of

Schedule 2 to the European Parliamentary Elections Regulations

(absent vote at elections for definite or indefinite period).

      (5)  

But if a person is included in a record mentioned in sub-paragraph (4)(a), (b)

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or (c) and is shown in the record as voting by post, the person may, in respect

of the referendum, apply to the registration officer—

(a)   

for his or her ballot paper to be sent to a different address from that

shown in the record, or

(b)   

to vote by proxy.

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      (6)  

The registration officer must grant an application under sub-paragraph (5)

if—

(a)   

(in the case of any application) it meets the requirements prescribed

by the relevant regulations, and

(b)   

(in the case of an application to vote by proxy) the registration officer

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is satisfied that the applicant’s circumstances on the date of the poll

will be or are likely to be such that the applicant cannot reasonably

be expected to vote in person at the polling station allotted or likely

to be allotted to the applicant under the referendum rules.

      (7)  

The registration officer may dispense with the requirement under sub-

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paragraph (1)(b) or (2)(c) for the applicant to provide a signature if the

officer is satisfied that the applicant—

(a)   

is unable to provide a signature because of any disability the

applicant has,

(b)   

is unable to provide a signature because the applicant is unable to

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read or write, or

(c)   

is unable to sign in a consistent and distinctive way because of any

such disability or inability.

      (8)  

The registration officer must keep a record of those whose applications

under this paragraph have been granted, showing—

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(a)   

their dates of birth, and

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 1 — Great Britain

82

 

(b)   

except in cases where the registration officer in pursuance of sub-

paragraph (7) has dispensed with the requirement to provide a

signature, their signatures.

      (9)  

The record kept under sub-paragraph (8) must be retained by the

registration officer for the period of twelve months beginning with the date

5

of the poll for the referendum.

Absent voters lists

5     (1)  

The registration officer must, for the purposes of the referendum, keep the

two special lists mentioned in sub-paragraphs (2) and (3) respectively.

      (2)  

The first of those lists is a list (“the postal voters list”) of those within

10

column 2 of the following table, together with the addresses provided as

mentioned in column 3 as the addresses to which their ballot papers are to

be sent.

  

Description of person voting by post

Address

 
 

1

A person  whose application under paragraph

Address provided in the

 

15

  

4(1) to vote by post in the referendum has been

person’s application

 
  

granted.

under paragraph 4(1).

 
 

2

A person  who—

Address provided in the

 
  

(a)   

is entitled to vote in the referendum and

application that gave

 
  

in a poll that is taken together with the

rise to the person being

 

20

  

referendum,

included in the postal

 
  

(b)   

is included in the postal voters list for that

voters list or, if the

 
  

poll, and

person is included in

 
  

(c)   

is not within entry 1 in this table or entry

more than one, the

 
  

1 in the table in sub-paragraph (3).

address provided in the

 

25

   

latest of those

 
   

applications.

 
 

3

A person who—

Address provided in the

 
  

(a)   

is for the time being shown in the record

person’s application

 
  

kept under paragraph 3 of Schedule 4 to

under paragraph 3 of

 

30

  

the RPA 2000 as voting by post at

Schedule 4 to the RPA

 
  

parliamentary elections, and

2000 or (as the case may

 
  

(b)   

is not within entry 1 or 2 of this table or

be) paragraph 4(5)(a)

 
  

entry 1 or 2 in the table in  sub-paragraph

above.

 
  

(3).

  

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Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 1 — Great Britain

83

 
  

Description of person voting by post

Address

 
 

4

A peer who—

Address provided in the

 
  

(a)   

is for the time being shown in the record

peer’s application under

 
  

kept under paragraph 3 of Schedule 4 to

paragraph 3 of Schedule

 
  

the RPA 2000 as voting by post at local

4 to the RPA 2000 or (as

 

5

  

government elections,

the case may be)

 
  

(b)   

is not for the time being shown in the

paragraph 4(5)(a) above.

 
  

record kept under paragraph 3 of

  
  

Schedule 2 to the European Parliamentary

  
  

Elections Regulations as voting by post,

  

10

  

or was included in that record before

  
  

being included in the record mentioned in

  
  

paragraph (a) above, and

  
  

(c)   

is not within entry 1 or 2 of this table or

  
  

entry 1 or 2 in the table in  sub-paragraph

  

15

  

(3).

  
  

  
 

5

A peer who—

Address provided in the

 
  

(a)   

is for the time being shown in the record

peer’s application under

 
  

kept under paragraph 3 of Schedule 2 to

paragraph 3 of Schedule

 

20

  

the European Parliamentary Elections

2 to the European

 
  

Regulations as voting by post,

Parliamentary Elections

 
  

(b)   

is not for the time being shown in the

Regulations or (as the

 
  

record kept under paragraph 3 of

case may be) paragraph

 
  

Schedule 4 to the RPA 2000 as voting by

4(5)(a) above.

 

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post at local government elections, or was

  
  

included in that record before being

  
  

included in the record mentioned in

  
  

paragraph (a) above, and

  
  

(c)   

is not within entry 1 or 2 in this table or

  

30

  

entry 1 or 2 in the table in  sub-paragraph

  
  

(3).

  
 

      (3)  

The second of the lists mentioned in sub-paragraph (1) is a list (“the list of

proxies”) of those within column 2 of the following table, together with the

names and addresses of their proxies appointed as mentioned in column 3.

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Description of person voting by proxy

Proxy

 
 

1

A person (not within entry 1 in the table in sub-

Proxy appointed under

 
  

paragraph (2)) whose application under

paragraph 6.

 
  

paragraph 4(2), (3) or (5)(b) to vote by proxy in

  
  

the referendum has been granted.

  

40

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 1 — Great Britain

84

 
  

Description of person voting by proxy

Proxy

 
 

2

A person who—

Proxy appointed for the

 
  

(a)   

is entitled to vote in the referendum and

purposes of that poll or,

 
  

in a poll that is taken together with the

if there is more than

 
  

referendum,

one, the proxy

 

5

  

(b)   

is included in the list of proxies for that

appointed for the poll in

 
  

poll, and

respect of which the

 
  

(c)   

is not within entry 1 in this table or entry

latest of the person’s

 
  

1 or 2 in the table in sub-paragraph (2).

applications to vote by

 
   

proxy was made.

 

10

 

3

A person who—

Proxy appointed under

 
  

(a)   

is for the time being shown in the record

paragraph 6 of Schedule

 
  

kept under paragraph 3 of Schedule 4 to

4 to the RPA 2000 for

 
  

the RPA 2000 as voting by proxy at

parliamentary elections.

 
  

parliamentary elections, and

  

15

  

(b)   

is not within entry 1 or 2 of this table or

  
  

entry 1 or 2 in the table in sub-paragraph

  
  

(2).

  
 

4

A peer who—

Proxy appointed under

 
  

(a)   

is for the time being shown in the record

paragraph 6 of Schedule

 

20

  

kept under paragraph 3 of Schedule 4 to

4 to the RPA 2000 for

 
  

the RPA 2000 as voting by proxy at local

local government

 
  

government elections,

elections.

 
  

(b)   

is not for the time being shown in the

  
  

record kept under paragraph 3 of

  

25

  

Schedule 2 to the European Parliamentary

  
  

Elections Regulations as voting by proxy,

  
  

or was included in that record before

  
  

being included in the record mentioned in

  
  

paragraph (a) above, and

  

30

  

(c)   

is not within entry 1 or 2 of this table or

  
  

entry 1, 2 or 5 in the table in sub-

  
  

paragraph (2).

  
  

  
 

5

A peer who—

Proxy appointed under

 

35

  

(a)   

is for the time being shown in the record

paragraph 6 of Schedule

 
  

kept under paragraph 3 of Schedule 2 to

2 to the European

 
  

the European Parliamentary Elections

Parliamentary Elections

 
  

Regulations as voting by proxy,

Regulations.

 
  

(b)   

is not for the time being shown in the

  

40

  

record kept under paragraph 3 of

  
  

Schedule 4 to the RPA 2000 as voting by

  
  

proxy at local government elections, or

  
  

was included in that record before being

  
  

included in the record mentioned in

  

45

  

paragraph (a) above, and

  
  

(c)   

is not within entry 1 or 2 in this table or

  
  

entry 1, 2 or 4 in the table in  sub-

  
  

paragraph (2).

  
 
 

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 1 — Great Britain

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      (4)  

In the case of a person who has an anonymous entry in a register, the postal

voters list or list of proxies (as the case may be) must show in relation to the

person only—

(a)   

his or her electoral number, and

(b)   

the period for which the anonymous entry has effect.

5

Proxies

6     (1)  

Subject to what follows, any person is capable of being appointed under this

paragraph to vote as proxy for another (the “principal”) in the referendum.

      (2)  

The principal cannot have more than one person at a time appointed as

proxy to vote for him or her in the referendum.

10

      (3)  

A person is capable of being appointed to vote as proxy only if—

(a)   

the person is not subject to any legal incapacity (age apart) to vote in

the referendum in his or her own right, and

(b)   

the person is either a Commonwealth citizen or a citizen of the

Republic of Ireland.

15

      (4)  

Where the principal applies to the registration officer for the appointment of

a proxy under this paragraph, the registration officer must make the

appointment if the application meets the requirements prescribed by the

relevant regulations and the officer is satisfied that the principal is or will

be—

20

(a)   

registered in a relevant register, and

(b)   

entitled to vote by proxy in the referendum by virtue of an

application under paragraph 4(2), (3) or (5)(b),

           

and that the proxy is capable of being, and willing to be, appointed.

      (5)  

The appointment of a proxy under this paragraph is to be made by means of

25

a proxy paper, in the form set out in Part 3 of this Schedule, issued by the

registration officer.

      (6)  

The appointment may be cancelled by the principal by giving notice to the

registration officer and also ceases to be in force on the issue of a proxy paper

appointing a different person under this paragraph to vote for the principal

30

in the referendum.

7     (1)  

Subject to what follows, where a relevant proxy appointment is in force, the

person appointed is entitled to vote as proxy for the person for whom the

appointment was made (the “principal”).

      (2)  

In sub-paragraph (1) “relevant proxy appointment” means—

35

(a)   

in relation to a principal who is included in the list of proxies by

virtue of entry 1 in the table in paragraph 5(3), an appointment under

paragraph 6;

(b)   

in relation to a principal who is included in the list of proxies by

virtue of entry 2 in that table, the appointment of the person

40

mentioned in column 3 of that entry;

(c)   

in relation to a principal who is included in the list of proxies by

virtue of entry 3 in that table, an appointment under paragraph 6 of

Schedule 4 to the RPA 2000 for parliamentary elections;

(d)   

in relation to a principal who is a peer included in the list of proxies

45

by virtue of entry 4 in that table, an appointment under paragraph 6

of Schedule 4 to the RPA 2000 for local government elections;

 
 

 
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Revised 10 February 2011