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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

86

 

(e)   

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

by virtue of entry 5 in that table, an appointment under paragraph 6

of Schedule 2 to the European Parliamentary Elections Regulations.

      (3)  

A person is capable of voting as proxy in the referendum only if—

(a)   

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

5

the referendum in his or her own right, and

(b)   

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

of Ireland.

      (4)  

A person is not capable of voting as proxy in the referendum unless on the

date of the poll the person has attained the age of 18.

10

      (5)  

A person is not entitled to vote as proxy in the referendum on behalf of more

than two others of whom that person is not the spouse, civil partner, parent,

grandparent, brother, sister, child or grandchild.

Voting as proxy

8     (1)  

A person entitled to vote as proxy for another (the “principal”) in the

15

referendum may do so in person at the polling station allotted to the

principal under the referendum rules unless the proxy is entitled to vote by

post as proxy for the principal in the referendum, in which case the proxy

may vote by post.

      (2)  

Where a person is entitled to vote by post as proxy for the principal in the

20

referendum, the principal may not apply for a ballot paper for the purpose

of voting in person in the referendum.

      (3)  

For the purposes of this Part of this Schedule and the 1983 Act a person

entitled to vote as proxy for another in the referendum is entitled so to vote

by post if the person is included in the list kept under sub-paragraph (6).

25

      (4)  

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

the referendum the officer must grant the application if—

(a)   

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

relevant register,

(b)   

the applicant is the subject of a relevant proxy appointment within

30

the meaning of paragraph 7(2)(a), and

(c)   

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

and meets the requirements prescribed by the relevant regulations.

      (5)  

A person who is the subject of a relevant proxy appointment within the

meaning of paragraph 7(2)(b), (c) or (d) and who—

35

(a)   

is included in the record kept under paragraph 7(6) of Schedule 4 to

the RPA 2000 (record of proxies who have applied to vote by post) in

respect of parliamentary elections,

(b)   

is included in the record kept under paragraph 7(6) of Schedule 4 to

the RPA 2000 (record of proxies who have applied to vote by post) in

40

respect of local government elections, or

(c)   

is included in the record kept under paragraph 7(6) of Schedule 2 to

the European Parliamentary Elections Regulations (record of proxies

who have applied to vote by post),

           

may apply to the registration officer for his or her referendum ballot paper

45

to be sent to a different address from that shown in the record, and the officer

 
 

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

87

 

must grant the application if it meets the requirements prescribed by the

relevant regulations.

      (6)  

The registration officer must, in respect of the referendum, keep a special list

(“the proxy postal voters list”) of those within column 2 of the following

table, together with the addresses provided as mentioned in column 3 as the

5

addresses to which their ballot papers are to be sent.

  

Description of proxy postal voters

Address

 
 

1

A proxy whose application under sub-paragraph

Address provided in the

 
  

(4) has been granted.

proxy’s application

 
   

under sub-paragraph (4).

 

10

 

2

A proxy who—

Address provided in the

 
  

(a)   

was appointed as mentioned in column 3

proxy’s application to

 
  

of entry 2 in the table in paragraph 5(3)

vote by post as proxy in

 
  

for a person mentioned in column 2 of

that poll.

 
  

that entry, and

  

15

  

(b)   

is included in the proxy postal voters list

  
  

for the poll in respect of which that

  
  

appointment was made.

  
 

3

A proxy who—

Address provided in the

 
  

(a)   

was appointed as mentioned in column 3

proxy’s application

 

20

  

of entry 3 in the table in paragraph 5(3)

under paragraph 7(4)(a)

 
  

for a person mentioned in column 2 of

of Schedule 4 to the RPA

 
  

that entry, and

2000 or (as the case may

 
  

(b)   

is for the time being included in the

be) sub-paragraph (5)

 
  

record kept under paragraph 7(6) of

above.

 

25

  

Schedule 4 to the RPA 2000 (record of

  
  

proxies who have applied to vote by

  
  

post).

  
 

4

A proxy who—

Address provided in the

 
  

(a)   

was appointed as mentioned in column 3

proxy’s application

 

30

  

of entry 4 in the table in paragraph 5(3)

under paragraph 7(4)(a)

 
  

for a peer mentioned in column 2 of that

of Schedule 4 to the RPA

 
  

entry, and

2000 or (as the case may

 
  

(b)   

is for the time being included in the

be) sub-paragraph (5)

 
  

record kept under paragraph 7(6) of

above.

 

35

  

Schedule 4 to the RPA 2000 (record of

  
  

proxies who have applied to vote by

  
  

post).

  
 

5

A proxy who—

Address provided in the

 
  

(a)   

was appointed as mentioned in column 3

proxy’s application

 

40

  

of entry 5 in the table in paragraph 5(3)

under paragraph 7(4)(a)

 
  

for a peer mentioned in column 2 of that

of Schedule 2 to the

 
  

entry, and

European Parliamentary

 
  

(b)   

is for the time being included in the

Elections Regulations or

 
  

record kept under paragraph 7(6) of

(as the case may be) sub-

 

45

  

Schedule 2 to the European

paragraph (5) above.

 
  

Parliamentary Elections Regulations.

  
 
 

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

88

 

      (7)  

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

list mentioned in sub-paragraph (6) must contain only—

(a)   

the person’s electoral number, and

(b)   

the period for which the anonymous entry has effect.

      (8)  

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

5

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

referendum rules.

      (9)  

The registration officer may dispense with the requirement under sub-

paragraph (4)(c) for the applicant to provide a signature if the officer is

satisfied that the applicant—

10

(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

read or write, or

(c)   

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

15

such disability or inability.

     (10)  

The registration officer must also keep a record in relation to those whose

applications under sub-paragraph (4) have been granted showing—

(a)   

their dates of birth, and

(b)   

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

20

paragraph (9) has dispensed with the requirement to provide a

signature, their signatures.

     (11)  

The record kept under sub-paragraph (10) must be retained by the

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

of the poll for referendum.

25

Use of personal identifier information

9          

The registration officer must either—

(a)   

provide the counting officer with a copy of the information

contained in records kept by the registration officer in pursuance

of—

30

(i)   

paragraphs 3(9), 4(6) and 7(12) of Schedule 4 to the RPA 2000

(dates of birth and signatures of certain electors and proxies)

in relation to persons entitled to vote in the referendum,

(ii)   

articles 8(9), 9(6) and 12(13) of the National Assembly for

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

35

236) (dates of birth and signatures of certain electors and

proxies) in relation to persons entitled to vote in the

referendum,

(iii)   

articles 8(9), 9(8) and 11(12) of the Scottish Parliament

(Elections etc.) Order 2010 (S.I. 2010/2999) (dates of birth and

40

signatures of certain electors and proxies) in relation to

persons entitled to vote in the referendum,

(iv)   

paragraphs 3(9) and 7(13) of Schedule 2 to the European

Parliamentary Elections Regulations (dates of birth and

signatures of certain electors and proxies) in relation to peers

45

entitled to vote in the referendum, and

(v)   

paragraphs 4(8) and 8(10) above, or

(b)   

give the counting officer access to such information.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 2 — Northern Ireland

89

 

10         

Information contained in records kept by a registration officer in pursuance

of paragraph 4(8) or 8(10) may be disclosed by the officer to—

(a)   

any other registration officer if the officer thinks that to do so will

assist the other registration officer in the performance of his or her

duties;

5

(b)   

any person exercising functions in relation to the preparation or

conduct of legal proceedings under this Act or the Representation of

the People Acts.

Offences

11    (1)  

A person who—

10

(a)   

in any declaration or form used for any of the purposes of this Part

of this Schedule, makes a statement knowing it to be false, or

(b)   

attests an application under paragraph 4 knowing—

(i)   

that he or she is not authorised to do so, or

(ii)   

that it contains a statement which is false,

15

           

is guilty of an offence and liable on summary conviction to a fine not

exceeding level 5 on the standard scale.

      (2)  

A person who provides false information in connection with an application

under paragraph 4(1) or (2) or 8(4) is guilty of an offence.

      (3)  

Subsections (3) to (8) of section 13D of the 1983 Act (but not the words “and

20

Northern Ireland” in subsection (7)) apply for the purposes of sub-

paragraph (2) as they apply for the purposes of subsection (1A) of that

section.

Part 2

Northern Ireland

25

Interpretation

12         

In this Part of this Schedule—

“European Parliamentary Elections (Northern Ireland) Regulations”

means the European Parliamentary Elections (Northern Ireland)

Regulations 2004 (S.I. 2004/1267);

30

“Local Elections (Northern Ireland) Order” means the Local Elections

(Northern Ireland) Order 1985 (S.I. 1985/454);

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

“relevant register” means—

(a)   

a register of parliamentary electors, or

35

(b)   

in relation to a peer—

(i)   

a register of local government electors, or

(ii)   

a register of peers maintained under section 3 of the

Representation of the People Act 1985 (peers resident

outside the United Kingdom);

40

“the 2008 regulations” means the Representation of the People

(Northern Ireland) Regulations 2008 (S.I. 2008/1741) as applied by

Schedule 4;

“the 1985 Act” means the Representation of the People Act 1985.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 2 — Northern Ireland

90

 

Manner of voting in the referendum

13    (1)  

This paragraph applies to determine the manner of voting in Northern

Ireland 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

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

5

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

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

10

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—

(a)   

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

15

referendum, but

(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

20

for a purpose connected with the referendum,

           

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

      (6)  

Nothing in this paragraph applies to—

(a)   

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

25

enactment, to be detained in the mental hospital in question, whether

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

(b)   

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;

30

           

and such a person may vote only by post or by proxy (where the person is

entitled to vote by post or, as the case may be, by proxy in the referendum).

      (7)  

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.

35

Entitlement to vote by post or by proxy

14    (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 16(2) as entitled to vote by post in the referendum.

40

      (3)  

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

mentioned in paragraph 16(3) as entitled to vote by proxy in the referendum.

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 2 — Northern Ireland

91

 

Application to vote by post or by proxy in the referendum

15    (1)  

Where a person applies to the registration officer to vote by post, or to vote

by proxy, 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

5

relevant register,

(b)   

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

10

rules,

(c)   

the application states the applicant’s date of birth and the

registration officer is satisfied that the date stated corresponds with

the date supplied as the date of the applicant’s birth in pursuance of

section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the 1983 Act,

15

(d)   

the application is signed and (unless section 10(4B), 10A(1B) or

13A(2B) of the 1983 Act applies) the registration officer is satisfied

that the signature on the application corresponds with the signature

supplied as the applicant’s signature in pursuance of section

10(4A)(a), 10A(1A)(a) or 13A(2A)(a) of the 1983 Act,

20

(e)   

the application either states the applicant’s national insurance

number or states that the applicant does not have one, and the

registration officer is satisfied as mentioned in sub-paragraph (2)

below, and

(f)   

the application meets the requirements prescribed by the 2008

25

Regulations.

      (2)  

For the purposes of sub-paragraph (1)(e), the registration officer must be

satisfied—

(a)   

if the application states a national insurance number, that the

requirements of sub-paragraph (3) are met, or

30

(b)   

if the application states that the applicant does not have a national

insurance number, that no such number was supplied as the

applicant’s national insurance number in pursuance of section

10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the 1983 Act.

      (3)  

The requirements of this subsection are met if—

35

(a)   

the number stated as mentioned in sub-paragraph (2)(a) is the same

as the one supplied as the applicant’s national insurance number in

pursuance of section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of

the 1983 Act, or

(b)   

no national insurance number was supplied under any of those

40

provisions, but the registration officer is not aware of any reason to

doubt the authenticity of the application.

      (4)  

Nothing in sub-paragraph (1) applies to—

(a)   

a person who is included in the record kept under section 6 of the

1985 Act (absent vote at parliamentary elections for indefinite

45

period),

(b)   

a peer who is included in the record kept under paragraph 1 of

Schedule 2 to the Local Elections (Northern Ireland) Order (absent

vote at local elections for indefinite period), or

 
 

Parliamentary Voting System and Constituencies Bill
Schedule 3 — Absent voting in the referendum
Part 2 — Northern Ireland

92

 

(c)   

a peer who is included in the record kept under regulation 8 of the

European Parliamentary Elections (Northern Ireland) Regulations

(absent vote at elections for indefinite period).

      (5)  

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

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

5

of the referendum, apply to the registration officer—

(a)   

for his or her ballot paper to be sent to a different address in the

United Kingdom from that shown in the record, or

(b)   

to vote by proxy.

      (6)  

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

10

if it meets the requirements prescribed by the 2008 Regulations.

      (7)  

A person applying to vote by post must provide an address in the United

Kingdom as the address to which the person’s ballot paper is to be sent.

Absent voters lists

16    (1)  

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

15

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

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.

20

  

Description of person voting by post

Address

 
 

1

A person  whose application under paragraph

Address provided in the

 
  

15(1) to vote by post in the referendum has been

person’s application

 
  

granted.

under paragraph 15(1).

 
 

2

A person  who—

Address provided in the

 

25

  

(a)   

is entitled to vote in the referendum and

the application that gave

 
  

in a poll that is taken together with the

rise to the person being

 
  

referendum,

included in the absent

 
  

(b)   

is shown in the absent voters list for that

voters list or, if the

 
  

poll as voting by post, and

person is included in

 

30

  

(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

 
   

latest of those

 
   

applications.

 
 

3

A person who—

Address provided in the

 

35

  

(a)   

is for the time being shown in the record

person’s application

 
  

kept under section 6 of the 1985 Act as

under section 6 of the

 
  

voting by post at parliamentary elections,

1985 Act or (as the case

 
  

and

may be) paragraph

 
  

(b)   

is not within entry 1 or 2 of this table or

15(5)(a) above.

 

40

  

entry 1 or 2 in the table in  sub-paragraph

  
  

(3).

  
 
 

 
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Revised 10 February 2011