The Representation of the People (Combination of Polls) (England and Wales) (Amendment) Regulations 2006

Amendment of Schedule 2

4.—(1) Schedule 2 is amended as follows.

(2) For paragraph 4 substitute—

“4.   At the end of paragraph (2) of rule 19 (the ballot papers) insert—

“(d) shall be of a different colour from that of any ballot papers used at any relevant election or referendum(1).”.”.

(3) For paragraph 11 substitute—

“11.   At the end of paragraph (1)(h) of rule 32 (admission to polling stations) insert—

“(i) persons entitled to be admitted to the polling station at a relevant election or referendum(2).”.”.

(4) For paragraph 12 substitute the following—

“12.— (1) Rule 35 (questions to be put to voters)(3) is amended as follows.

(2) In the questions specified in the second column of the table set out in rule 35—

(a) for the words “at this election”, wherever they appear, substitute “at this Parliamentary election”;

(b) in question 3(b) after the words “here or elsewhere” insert “at this Parliamentary election”.”

(5) For paragraph 13 substitute the following—

“13.   After paragraph (3) of rule 37 (voting procedure)(4) insert the following—

“(3A) The same copy of the register of electors or where paragraph (3) applies, the same copy of the notice issued under section 13B(3B) or (3D) of this Act(5) may be used under paragraph (1) for each relevant election or referendum and—

(a) one mark may be placed in that register or on that notice under paragraph (1)(c) or in the list of proxies under paragraph (1)(e) to denote that a ballot paper has been issued in respect of each election or referendum; and

(b) where a ballot paper has not been issued in respect of a relevant election or referendum, a different mark shall be placed in the register, on the notice or in the list, so as to identify each election or referendum in respect of which the ballot paper was issued.”.”.

(6) After paragraph 16 insert the following—

“16A.   At the end of rule 41A (correction of errors on day of the poll)(6) insert the following—

“The same list may be used for each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that ballot papers were issued in respect of each election or referendum, unless the list identifies the election or referendum for which a ballot paper was issued.”.”.

(7) In paragraph 22, for the reference to “counterfoils” in paragraph (1)(g)(iii) of rule 45 as substituted, substitute—“completed corresponding number lists”.

(8) For paragraph 25 substitute—

“25.   For paragraph (2) of rule 54 (sealing up of ballot papers)(7) substitute—

“(2) The returning officer shall not open the sealed packets of—

(a) tendered ballot papers, or

(b) certificates as to employment on duty on the day of the poll.

(3) Where he is the returning officer who discharges the functions referred to in regulation 5 of the Combination of Polls Regulations, the returning officer shall not open the sealed packets of—

(a) the completed corresponding number lists, or

(b) marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of this Act) and lists of proxies.”.”.

(9) In paragraph 26 for “Clerk of the Crown” substitute “registration officer” and after “sub-paragraphs (c)” insert “, (ca)”(8).

(10) For paragraph 27 substitute—

“27.   In rule 60 (death of independent candidate)(9) after paragraph (5) insert—

“(6) Neither the countermand of the notice of poll at the parliamentary election nor the direction that that poll be abandoned shall affect the poll at each relevant election or referendum.”.”.

(11) After paragraph 27 insert—

“27A.— (1) Rule 63 (death of party candidate)(10) is modified as follows.

(2) After paragraph (2) insert—

“(2A) Neither the countermand of the notice of poll at the parliamentary election nor the direction that that poll be abandoned shall affect the poll at each relevant election or referendum.”.

(3) In paragraph (3) after “with reference to the” insert “parliamentary”.

27B.— (1) Rule 64 (death of Speaker of the House of Commons seeking re-election)(11) is modified as follows.

(2) After paragraph (2) insert—

“(2A) Neither the countermand of the notice of poll at the parliamentary election nor the direction that that poll be abandoned shall affect the poll at each relevant election or referendum.”.

(3) In paragraph (3) after “with reference to the” insert “parliamentary”.

27C.   For rule 65 (abandoned poll)(12) substitute the following—

“65.— (1) This rule applies to—

(a) a poll at a parliamentary election which is abandoned in pursuance of rule 60(4)(b) as if it were a poll at a contested election;

(b) a poll at a parliamentary election which is abandoned in pursuance of rule 63(2)(b) or 64(2)(b).

(2) No further ballot papers at the parliamentary election shall be issued in any polling station.

(3) At the close of poll for each relevant election or referendum the presiding officer at a polling station must take the like steps (so far as not already taken) for the delivery to the returning officer of ballot boxes and ballot papers and other documents as he would be required to do if the poll at the parliamentary election had not been abandoned.

(4) The returning officer must dispose of ballot papers used at the parliamentary election and other documents in his possession as he is required to do on the completion of the counting of votes.

(5) It is not necessary for a parliamentary ballot paper account to be prepared or verified.

(6) Having separated the ballot papers relating to each relevant election or referendum, the returning officer must take no step or further step for the counting of the ballot papers used at the parliamentary election or of the votes cast at the parliamentary election.

(7) The returning officer must seal up all the ballot papers used at the parliamentary election (whether the votes on them have been counted or not) and it is not necessary to seal up counted and rejected ballot papers in separate packets.

(8) The provisions of these rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at a parliamentary election apply subject to paragraphs (9) and (10).

(9) Ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers.

(10) No order is to be made for—

(a) the production or inspection of any ballot papers, or

(b) the opening of a sealed packet of the completed corresponding number list or of certificates as to employment on the day of the poll,

unless the order is made by a court with reference to a prosecution.”.”.

(12) For paragraph 28 substitute the following—

“28.   In the Appendix of forms for the form of directions for the guidance of the voters in voting there shall be substituted—

“Form of directions for the guidance of the voters in voting

GUIDANCE FOR VOTERS AT COMBINED POLLS

1. You will be asked to sign for your ballot papers.

2. When you are given your ballot papers go to one of the polling booths.

3A. At the Parliamentary election mark a cross (X) in the box on the right hand side of the ballot paper opposite the name of the candidate you are voting for. Vote for ONE candidate only.

B. [At the local government election(s) mark a cross (X) in the box on the right hand side of each ballot paper opposite the name of each candidate you are voting for. [Vote for ONE candidate only.]* [Vote for no more than … candidates.]*]*

C. [At the European Parliamentary election, mark a cross (X) in the box on the right hand side of the ballot paper opposite the name of the party or individual candidate you are voting for. Vote for ONE party or candidate only.]*

#D. [At the Greater London Authority election—

[(i) in the constituency members’ election, vote for ONE candidate only]*

[(ii) in the London members’ election, vote for ONE party or individual candidate only]*

[(iii) in the London Mayoral election, vote ONCE in column one for your FIRST CHOICE and ONCE in column two for your SECOND CHOICE.]*]*

+E. [At the [specify other] election mark a cross (X) in the box on the right hand side of the ballot paper opposite the name of the candidate who you are voting for. [Vote ONCE only.]* [Vote ONCE in column one for your FIRST CHOICE and ONCE in column two for your SECOND CHOICE.]*]*

F. [At the referendum mark a cross (X) in the box on the right hand side of the answer of your choice. Vote ONCE only.]*

4. [Please do not fold the ballot papers for the [specify the election(s) at which the votes are to be counted electronically]. Fold any other ballot paper(s) in two. Show the presiding officer the number and other unique identifying mark on the back of the ballot paper, but do not let anyone see your vote. Put each ballot paper in the [appropriate]* ballot box and leave the polling station.]*

4. [Fold each ballot paper in two. Show the presiding officer the number and other unique identifying mark on the back of the ballot paper, but do not let anyone see your vote. Put each ballot paper in the [appropriate]* ballot box and leave the polling station.]*

5. Vote only for the number of candidates specified on each ballot paper [and only one of the answers available in the referendum]*. Put no other mark on the ballot papers, or your votes may not be counted.

6. If you spoil a ballot paper by mistake, show it to the presiding officer and ask for a replacement.

* Complete or omit as necessary

#Alternatively, insert such information as to the manner of voting as the GLRO may decide.

+ In the case of a mayoral election, alternatively, insert such information as to the manner of voting as the returning officer may decide.”.”.

(13) In paragraph 29, in Note 2 to the Form of declaration to be made by the companion of a voter with disabilities for “European Parliamentary” substitute “the relevant” and for “incapacity” substitute “disability”.

(1)

The meaning of “relevant election or referendum” is set out in paragraph 2 of Schedule 2 to S.I. 2004/294; rule 19 was amended by section 30 of the Electoral Administration Act 2006 (c. 22).

(2)

Rule 32 was amended by Schedule 1 to the Electoral Administration Act 2006 (c. 22).

(3)

Rule 35 was amended by Schedule 1 to the Electoral Administration Act 2006 (c. 22).

(4)

Rule 37 was amended by Schedule 1 to the Electoral Administration Act 2006 (c. 22).

(5)

The Act referred to is the Representation of the People Act 1983 (c. 2); section 13B was inserted by Schedule 1 of the Representation of the People Act 2000 (c. 2); subsections (3B) and (3D) of section 13B were inserted by section 11 of the Electoral Administration Act 2006 (c. 22).

(6)

Rule 41A was inserted by Schedule 1 to the Electoral Administration Act 2006 (c. 22).

(7)

Rule 54 was amended by section 31 of the Electoral Administration Act 2006 (c. 22).

(8)

Paragraph 26 modifies rule 55 of the parliamentary elections rules; rule 55 was amended by section 41 of the Electoral Administration Act 2006 (c. 22).

(9)

Rule 60 was substituted by section 24 of the Electoral Administration Act 2006 (c. 22).

(10)

Rule 63 was inserted by section 24 of the Electoral Administration Act 2006 (c. 22).

(11)

Rule 64 was inserted by section 24 of the Electoral Administration Act 2006 (c. 22).

(12)

Rule 65 was inserted by section 24 of the Electoral Administration Act 2006 (c. 22).