Regulation 11
SCHEDULE 3MODIFICATION OF EUROPEAN PARLIAMENTARY ELECTIONS RULES FOR COMBINED POLLS
PART 1ENGLAND AND WALES
1. This Part of this Schedule applies in the circumstances set out in regulation 11(i) of these Regulations.
2.—(1) In this Part of this Schedule, and in any provision of these Regulations modified by this Schedule—
“relevant election or referendum” means one or more of the following—
a parliamentary election,
a local government election,
a mayoral election,
a referendum,
the poll at which is taken together with the poll at the European Parliamentary election; and
“GLRO” means the Greater London Returning Officer, being the person who is for the time being the proper officer of the Greater London Authority for the purposes of section 35(2C) of the Representation of the People Act 1983.
(2) In the case of a referendum, a reference to—
(a)an election agent or counting agent shall be construed as a reference to a counting observer, within the meaning of regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001(1);
(b)a polling agent shall be construed as a reference to a polling observer, within the meaning of that regulation; and
(c)a returning officer shall be construed as a reference to a counting officer, within the meaning of that regulation.
3. At the end of paragraph (2) of rule 21 (the ballot papers) insert the following sub-paragraph—
“(e)shall be of a different colour from that of any ballot papers used at any relevant election or referendum.”
4. At the end of rule 25 (notice of poll) insert the following paragraph—
“(3) The notice published under paragraph (2) above shall, in addition—
(a)state that the poll at the European Parliamentary election is to be taken together with the poll at a relevant election or referendum;
(b)specify the relevant parliamentary constituency, local authority or, as the case may be, voting area and, in the case of a local government election to fill a casual vacancy, the electoral area for which the election is held; and
(c)where the polls are to be taken together in part of the local counting area only, specify that part.”
5. At the end of rule 29 (issue of official poll cards) insert the following paragraph—
“(5) If the returning officer for each relevant election or referendum agrees, an official poll card issued under this rule may be combined with an official poll card issued at each relevant election or referendum, with necessary adaptations”.
6. After paragraph (1) of rule 30 (equipment of polling stations) insert—
“(1A) The same ballot box may be used for the poll at the European Parliamentary election and the poll at each relevant election or referendum, if the returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations thinks fit.
(1B) Where the same ballot box is not used under paragraph (1A), each ballot box shall be clearly marked with—
(a)the election or referendum to which it relates, as shown on the ballot papers for that election or referendum; and
(b)the words “Please insert the [specify colour of ballot papers in question] coloured ballot papers in here.””
7. After paragraph (4) of rule 30 (equipment of polling stations) insert the following paragraph—
“(4A) The large version of the ballot paper referred to in paragraph (4)(a) above shall be printed on paper of the same colour as that of the ballot papers for use at the European Parliamentary election.”
8. For paragraph (7) of rule 30 (equipment of polling stations) substitute the following paragraph—
“(7) In every compartment of every polling station there shall be exhibited the notice:
“
”.”
9. In paragraph (1)(b) of rule 31 (appointment of polling and counting agents) omit the words “the verification of the ballot paper accounts and” and in paragraph (3) of that rule omit the words “verification of the ballot papers accounts or”.
10. At the end of paragraph (4) of rule 31 (appointment of polling and counting agents) insert—
“Notices of the appointment of polling agents and counting agents which are required by this paragraph and paragraph (5) below to be given to the local returning officer shall be given to the returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations.”
11. In rule 32(b) (notification of requirement of secrecy) the words “the verification of the ballot paper accounts or” and “(3)” shall be omitted.
12. In rule 33(1) (admission to polling stations), at the end of sub-paragraph (f), insert the following sub-paragraph—
“(g)persons entitled to be admitted to the polling station at a relevant election or referendum.”
13. In question (ii) in sub-paragraphs (a) and (b) of paragraph (1) of rule 36 (questions to be put to voters) and in the second question in paragraph (2) of that rule, after the words “at this” insert “European Parliamentary”.
14. At the end of rule 38 (voting procedure) insert the following paragraph—
“(4) The same copy of the register may be used under paragraph (1) above for a relevant election or referendum and one mark may be placed in that register under paragraph (1)(d) above or in the list of proxies under paragraph (1)(e) above to denote that a ballot paper has been received in respect of each election or referendum; except that, 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 or, as the case may be, list so as to identify each election or referendum in respect of which the ballot paper was issued.”
15. At the end of paragraph (2) of rule 39 (votes marked by presiding officer) insert—
“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 the ballot papers were so marked in respect of each election or referendum, unless the list identifies the election or referendum at which the ballot paper was so marked.”
16. At the end of paragraph (4) of rule 40 (voting by person with disabilities) insert—
“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 votes were so given in respect of each election or referendum, unless the list identifies the election or referendum at which the vote was given.”
17. At the end of paragraph (3) of rule 41 (tendered ballot papers) insert—
“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 tendered ballot papers were marked in respect of each election or referendum, unless the list identifies the election or referendum at which a tendered ballot paper was marked.”
18. At the end of paragraph (1) of rule 43 (adjournment of poll in case of riot) insert “who discharges the functions specified in regulation 5 of the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004”.
19. In paragraph (1) of rule 44 (procedure on close of poll), after the words “polling agents”, in the first place where they occur, insert “appointed for the purposes of the European Parliamentary election and those appointed for the purposes of each relevant election or referendum”.
20. After paragraph (1) of rule 44 (procedure on close of poll) insert—
“(1A) The contents of the packets referred to in sub-paragraphs (b), (c) and (e) of paragraph (1) above shall not be combined with the contents of packets made under the corresponding rule that applies at each relevant election or referendum; nor shall the statement prepared under paragraph (3) below be so combined.
(1B) References to the local returning officer in paragraph (1) above are references to the returning officer who discharges the functions specified in regulation 5 of the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004.”
21. Omit rules 45 (attendance at verification of the ballot paper accounts) and 46 (procedure at verification of the ballot paper accounts).
22. For paragraph (1) of rule 47 (attendance at counting of votes) substitute the following paragraph—
“(1) The local returning officer shall make arrangements for counting the votes in the presence of the counting agents after the delivery of the ballot papers to him by the returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations—
(a)in the case of a general election of MEPs, before or after the material time and in either case so that the requirements of rule 52(1) are satisfied as soon as practicable after the material time,
(b)in the case of a by-election, as soon as practicable after that delivery,
and shall give to the counting agents and the returning officer notice in writing of the time after which he will begin to count the votes if by then he has received the ballot papers and of the place at which the count will take place.
For the purposes of this paragraph the “material time” means in relation to a general election of MEPs, the close of the polling in the Member State whose electors are the last to vote in the election.”
23. For paragraph (1) of rule 48 (the count) substitute—
“(1) The local returning officer shall—
(a)on receipt of the containers of ballot papers from the returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations and after the time specified in the notice given under rule 47(1) in the presence of the counting agents open each container;
(b)where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at each relevant election or referendum under paragraph 27 of Schedule 2 count such of the postal ballot papers as have been duly returned and record the number counted; and
(c)mix together the postal ballot papers and the ballot papers from all of the containers and count the votes given on them.
(1A) Where separate ballot boxes have been used, no vote for any individual candidate or registered party shall be rendered invalid by the ballot paper being placed in the ballot box used at any relevant election or referendum.
(1B) A postal ballot paper shall not be deemed to be duly returned unless it is returned in the manner prescribed in paragraph 41 of Schedule 2 so as to reach the local returning officer or any polling station in the appropriate area before the close of the poll and the declaration of identity duly signed and authenticated is also returned in that manner before that time.
(1C) In paragraph (1A) the “appropriate area” means—
(a)the area in the local counting area common to the parliamentary constituency, electoral area or voting area (as the case may be) in which the polls at the European Parliamentary election and a relevant election or referendum are being taken together; and
(b)in respect of which polls the voter has been issued with a postal ballot paper.”
24. In paragraph (3) of rule 48 (the count) after the word “while” insert “counting and recording the number of postal ballot papers and”.
25. In paragraph (4) of rule 48 (the count), omit the words “, in so far as he and the agents agree,” and the words from “For the purposes” to the end.
26. In paragraph (1) of rule 59 (retention of documents) omit sub-paragraphs (c) and (e).
27. In the Appendix of forms for the form of direction for the guidance of the voters in voting substitute—
“Form of directions for the guidance of the voters in voting
GUIDANCE FOR VOTERS AT COMBINED POLLS
1. Make sure the ballot papers you are given are [stamped with the official mark/have the official mark*].
2. Go to one of the compartments.
3.A. [At the [Parliamentary/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 for whom you are voting. [Vote once only/Vote for no more than ... ... ... ... candidates.*]]
B. At the European Parliamentary election, mark a cross (X) to the right of the name of the party or individual candidate for whom you are voting*. Vote once only.
[#C. At the Greater London Authority election—
[(i) in the election for the constituency members of the London assembly, vote for ONE candidate only;]* #
[(ii) in the election of the London members of the London Assembly, vote for ONE party or candidate only]*#
[(iii) in the Mayoral election VOTE ONCE FOR YOUR FIRST CHOICE AND ONCE FOR YOUR SECOND CHOICE.* #]]
D. [At the [specify other] election/referendum* mark a cross (X) to the right of [the candidate/the answer*] for which you are voting. [*Vote once only][*VOTE ONCE for your FIRST CHOICE and ONCE for your SECOND CHOICE.]]
4. [Please do not fold the ballot papers for the [specify the election(s) at which the votes are to be counted electronically]*] [Fold [each/any other*] ballot paper(s) in two and show the official mark on it to the presiding officer.*] Do not let anyone see your vote. Put each ballot paper in the [*appropriate ] ballot box and leave the polling station.
Include the words in the first of square brackets, and the corresponding amendment in the following sentence if the votes are to be counted electronically at one or more of the elections.
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 by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.
*Complete or omit as necessary
#Alternatively, insert such information as to the manner of voting as the GLRO may decide.”
28. In the Appendix of forms, for the form of declaration to be made by the companion of a voter with disabilities substitute—
“Form of declaration to be made by the companion of a voter with disabilities
”
PART 2SCOTLAND
1. This Part of this Schedule applies in the circumstances set out in regulation 11(ii) of these Regulations.
2. At the end of paragraph (2) of rule 21 (the ballot papers) insert the following sub-paragraph—
“(e)shall be of a different colour from that of any ballot papers used at an election the poll for which is taken together with the poll for the European Parliamentary election.”
3. At the end of rule 25 (notice of poll) insert the following paragraph—
“(3) The notice published under paragraph (2) above shall, in addition:
(a)state that the poll at the European Parliamentary election is to be taken together with the poll at a parliamentary or, as the case may be, local government election;
(b)specify the relevant parliamentary constituency or, as the case may be, local authority and, in the case of a local government election to fill a casual vacancy, the electoral area for which the election is held; and
(c)where the polls are to be taken together in part of the European Parliamentary electoral region only, specify that part.”
4. At the end of rule 29 (issue of official poll cards) insert the following paragraph—
“(5) An official poll card issued under this rule may be combined with an official poll card issued at a parliamentary election or, as the case may be, local government election.”
5. After paragraph (1) of rule 30 (equipment of polling stations) insert the following paragraph——
“(1A) The same ballot box shall be used for the poll at the European Parliamentary election and the poll at the parliamentary election or, as the case may be, local government election.”
6. After paragraph (4) of rule 30 (equipment of polling stations) insert the following paragraph—
“(4A) The large version of the ballot paper referred to in paragraph (4)(a) above shall be printed on paper of the same colour as that of the ballot papers for use at the European Parliamentary election.”
7. For paragraph (7) of rule 30 (equipment of polling stations) substitute the following paragraph—
“(7) In every compartment of every polling station there shall be exhibited the notice:
“
”.”
8. In paragraph (1)(b) of rule 31 (appointment of polling and counting agents) omit the words “the verification of the ballot paper accounts and” and in paragraph (3) of that rule omit the words “verification of the ballot papers accounts or”.
9. At the end of paragraph (4) of rule 31(appointment of polling and counting agents) insert—
“Notices of the appointment of polling agents and counting agents which are required by this paragraph and paragraph (5) below to be given to the local returning officer shall be given to the returning officer who discharges the functions specified in regulation 96 of the 1986 (Scotland) Regulations.”
10. In rule 32(b) (notification of requirement of secrecy) the words “the verification of the ballot paper accounts or” and “(3)” shall be omitted.
11. In question (ii) in sub-paragraphs (a) and (b) of paragraph (1) of rule 36 (questions to be put to voters) and in the second question in paragraph (2) of that rule, after the words “at this” insert “European Parliamentary”.
12. At the end of rule 38 (voting procedure) insert the following paragraph—
“(4) The same copy of the register may be used under paragraph (1) above for each election and one mark may be placed in that register under paragraph (1)(d) above or in the list of proxies under paragraph (1)(e) above to denote that a ballot paper has been received in respect of each election; except that, where a ballot paper has been issued in respect of one election only, a different mark shall be placed in the register or, as the case may be, list so as to identify the election in respect of which the ballot paper was issued.”
13. At the end of paragraph (2) of rule 39 (votes marked by presiding officer) insert—
“The same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election, unless the list identifies the election at which the ballot paper was so marked.”
14. At the end of paragraph (4) of rule 40 (voting by person with disabilities) insert—
“The same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that votes were so given in respect of each election, unless the list identifies the election at which the vote was given.”
15. At the end of paragraph (3) of rule 41 (tendered ballot papers) insert—
“The same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each election, unless the list identifies the election at which a tendered ballot paper was marked.”
16. At the end of paragraph (1) of rule 43 (adjournment of poll in case of riot) insert “who discharges the functions specified in regulation 96 of the 1986 (Scotland) Regulations”.
17. In rule 44(1) (procedure on close of poll), after the words “polling agents”, in the first place where they occur, insert “for the European Parliamentary election and for the parliamentary, or as the case may be, local government election”.
18. After paragraph (1) of rule 44 (procedure on close of poll) insert—
“(1A) The contents of the packets referred to in sub-paragraphs (b), (c) and (e) of paragraph (1) above shall not be combined with the contents of packets made under the corresponding rule that applies at a parliamentary election or, as the case may be, local government election; nor shall the statement prepared under paragraph (3) below be so combined.
(1B) References to the local returning officer in paragraph (1) above are references to the returning officer who discharges the functions specified in regulation 96 of the 1986 (Scotland) Regulations.”
19. Omit rules 45 (attendance at verification of the ballot paper accounts) and 46 (procedure at verification of the ballot paper accounts).
20. For paragraph (1) of rule 47 (attendance at counting of votes) substitute the following paragraph—
“(1) The local returning officer shall make arrangements for counting the votes in the presence of the counting agents after the delivery of the ballot papers to him by the returning officer who discharges the functions specified in regulation 96 of the 1986 (Scotland) Regulations—
(a)in the case of a general election of MEPs, before or after the material time and in either case so that the requirements or rule 52(1) are satisfied as soon as practicable after the material time,
(b)in the case of a by-election, as soon as practicable after that delivery,
and shall give to the counting agents and the returning officer notice in writing of the time after which he will begin to count the votes if by then he has received the ballot papers and of the place at which the count will take place.
For the purposes of this paragraph the “material time” means in relation to a general election of MEPs, the close of the polling in the Member State whose electors are the last to vote in the election.”
21. For paragraph (1) of rule 48 (the count) substitute—
“(1) The local returning officer shall—
(a)on receipt of the containers of ballot papers from the returning officer who discharges the functions specified in regulation 96 of the 1986 (Scotland) Regulations and after the time specified in the notice given under rule 47(1) in the presence of the counting agents open each container;
(b)where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at another election under paragraph 27 of Schedule 2 count such of the postal ballot papers as have been duly returned and record the number counted; and
(c)mix together the postal ballot papers and the ballot papers from all of the containers and count the votes given on them.
(1A) A postal ballot paper shall not be deemed to be duly returned unless it is returned in the manner prescribed in paragraph 41 of Schedule 2 so as to reach the local returning officer or any polling station in the local counting area before the close of the poll and the declaration of identity duly signed and authenticated is also returned in that manner before that time.”
22. In paragraph (3) of rule 48 (the count) after the word “while” insert “counting and recording the number of postal ballot papers and”.
23. In paragraph (1) of rule 59 (retention of documents) omit sub-paragraphs (c) and (e).
24. In the Appendix of forms for the form of direction for the guidance of the voters in voting substitute—
“Form of directions for the guidance of the voters in voting
GUIDANCE FOR VOTERS AT COMBINED POLLS
1. Make sure the ballot papers you are given are stamped with the official mark.
2. Go to one of the compartments. At a [parliamentary] [local government] election, 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. At a European Parliamentary election, mark a cross (X) to the right of the name of the party or individual candidate you are voting for.
3. Fold each ballot paper in two. Show the official mark on each ballot paper to the presiding officer, but do not let anyone see your vote. Put each ballot paper in the ballot box and leave the polling station.
4. Place only one other mark on the ballot papers, or your votes may not be counted.
5. If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.”.
25. In the Appendix of forms, in the form of declaration to be made by the companion of a voter with disabilities—
(a)after the words “election now being held in this European Parliamentary electoral region” insert “and the election now being held in this *parliamentary constituency/*electoral area (* delete whichever is inappropriate)”; and
(b)for the words “said election” in both places where they occur substitute “said elections”.