The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004

Regulation 7(8)

SCHEDULE 1 SUBSTITUTED PART 1 OF SCHEDULE 3 TO THE EUROPEAN PARLIAMENTARY ELECTIONS REGULATIONS 2004

Regulation 11

“SCHEDULE 3 MODIFICATION OF EUROPEAN PARLIAMENTARY ELECTIONS RULES FOR COMBINED POLLS

PART I England and Wales

1.   This Part of this Schedule applies where the circumstances set out in regulation 11(i) of these Regulations and regulation 7(8) of the Combination of Polls Regulations apply.

2.— (1) In this Part of this Schedule, and in any provision of these Regulations modified by this Part of this Schedule—

“central counting system” means such computer hardware and software, data, other equipment and services as may be provided by the returning officer for the purpose of counting and calculating electronically the numbers of ballot papers or votes cast on them at the election, including the provision of information to allow for the verification of ballot paper accounts;

“relevant election or referendum” means one or more of the following—

(a)

a parliamentary election,

(b)

a local government election,

(c)

a mayoral election,

(d)

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(1).

(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(2);

(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) Unless the context otherwise requires, any reference to the counting of ballot papers or votes, or the making of any calculation in whatever terms, shall in relation to the European Parliamentary election, be construed as including a reference to counting or calculating by electronic means.

3.   In paragraph (2) of rule 21 (the ballot papers) for sub-paragraphs (b), (c) and (d) substitute—

“(b) shall have a number printed on the front or back and a counterfoil attached with the same number printed on it;”.

4.   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.”

5.   In paragraph (1) of rule 22 (the official mark) for “which shall perforate the ballot paper” substitute—

• “which shall consist of—

  (i)

  a mark which perforates the paper;

  (ii)

  a watermark;

  (iii)

  faint printing which appears to lie behind the text of the ballot paper;

  (iv)

  a barcode; or

  (v)

  such other feature as will indicate the authenticity of the ballot paper”.

6.   For paragraphs (2) and (3) of rule 22 (the official mark) substitute—

“(2) Where the official mark consists of a barcode it shall contain a security feature which shall allow the information it conveys as to its authenticity to be discerned with the use of information held only by the local returning officer and his clerks.

(3) The official mark shall be kept secret and—

(a) an interval of not less than five years shall intervene before the same official mark is used at any European Parliamentary election; and

(b) the official mark used for ballot papers issued for voting by post shall not be used at the same election for ballot papers issued for the purpose of voting in person, except where the official mark consists of a barcode.”

7.   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.”

8.   After paragraph (1) of Rule 28 (appointment of presiding officers and clerks) insert the following paragraph—

“(1A) The clerks appointed pursuant to paragraph (1) above may include such technical advisers as the constituency returning officer for the Authority election thinks fit to assist in—

(a) the operation and maintenance of the central counting system;

(b) any other computer hardware or software or other equipment or any service; and

(c) the handling and use of any electronic data,

used or to be used for the purposes of counting the ballot papers and the votes.”

9.   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”.

10.   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.””

11.   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.”

12.   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—

“

””

13.   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”.

14.   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.”

15.   In rule 32(b) (notification of requirement of secrecy) the words “the verification of the ballot paper accounts or” and “(3)” shall be omitted.

16.   In paragraph (1) of rule 33 (admission to polling stations), at the end of sub-paragraph (f), insert—

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

17.   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”.

18.   In paragraph (1) of rule 38 (voting procedure), if the official mark does not perforate the ballot paper omit sub-paragraph (a).

19.   In paragraph (2) of rule 38, omit the words—

(a) “and fold it up so as to conceal his vote”;

(b) “so as to disclose the official mark”; and

(c) “so folded up”.

20.   At the end of paragraph (2) of rule 38, insert the words “in such a way as to conceal his vote”.

21.   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.”

22.   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.”

23.   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.”

24.   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.”

25.   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 Combination of Polls Regulations”.

26.   In rule 44(1) (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”.

27.   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 Combination of Polls Regulations.”

28.   Omit rules 45 (attendance at verification of the ballot paper accounts) and 46 (procedure at verification of the ballot paper accounts).

29.   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.”

30.   In paragraph (2) of rule 47, where the votes at the election are to be counted concurrently with the votes at the Authority election using the central counting system, after sub-paragraph (e) insert—

“(f) persons permitted to be present at the counting of the votes at each relevant election or referendum,”.

31.   For paragraph (1) of rule 48 (the count) substitute—

“(1) The local returning officer may conduct any count of the votes using the central counting system and may agree with the constituency returning officer for the Authority election to concurrently count the votes with the count of the votes at the Authority election using that system.

(1A) Where the count has been conducted using the central counting system, the local returning officer, if he considers it appropriate to do so, may conduct any re-count without using that system.

(1B) Where there is a recount of votes at the election the votes shall not be recounted concurrently with the votes for the Authority election unless there is also a recount at the Authority election and the constituency returning officer and the local returning officer so agree.

(1C) Where the counting of the votes has commenced using the central counting system, if at any time before he satisfies the requirements of rule 52(1) the local returning officer considers it appropriate, he may discontinue the count and instead count the votes without using the central counting system.

(1D) If he counts the votes using the central counting system the local counting officer shall count the votes by causing the central counting system to count the votes and calculate the total number of votes given for each candidate at the election from the votes cast on ballot papers which have been counted by it.

(1E) Where the votes at the election are not to be counted concurrently with the votes at the Authority election using the central counting system 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; and

(b) mix together the ballot papers from all of the containers and count the votes given on them.

(1F) 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.

(1G) 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.

(1H) In paragraph (1G) 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.”

32.   For paragraph (3) of rule 48 (the count) substitute—

“(3) The local returning officer, while counting the votes, shall take all proper precautions for preventing any person from identifying the voter who has cast any vote.”

33.   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.

34.   In paragraph 5(b) of rule 48 (the count), at the end, insert “and the central counting system”.

35.   For paragraph (4) of rule 50 (rejected ballot papers) substitute—

“(4) A record shall be retained in the central counting system of which ballot papers were rejected and the reason for rejection in each case.”

36.   After paragraph (4) of rule 50 (rejected ballot papers) insert—

“(4A) Any ballot paper not initially either rejected or counted by the central counting system shall be the subject of a decision by the returning officer.

(4B) Such a decision may be made by the returning officer examining an image of the ballot paper which is shown on a screen so as to be visible to those attending the count and by the returning officer recording his decision in the central counting system, and where this is done neither a candidate nor his agent shall be entitled to require the returning officer to provide a paper copy of any ballot paper for their inspection.”

37.   After paragraph (1) of rule 58 (sealing up of ballot papers) insert—

“(1A) Where the votes have been counted using the central counting system, the local returning officer shall also seal up in separate packets complete electronic copies of the information stored in the central counting system, held in a device suitable for the purpose of its storage.

(1B) After taking copies for the purposes of paragraph (1A) above, the local returning officer shall arrange for the original records in the central counting system to be removed from it and destroyed in a manner that ensures that the confidentiality of those records is preserved.

(1C) Where the votes at the European Parliamentary election have been counted concurrently with the votes at the Authority election using the central counting system—

(a) references in paragraphs (1A) and (1B) above to the “local returning officer” shall be construed as references to the returning officer who discharges the functions referred to in regulation 5 of the Combination of Polls Regulations; and

(b) the counted and rejected ballot papers at the election to be sealed up and packeted under paragraph (1) and the counted and rejected ballot papers at the Authority election shall be sealed up in combined packets of counted ballot papers and rejected ballot papers.”

38.   In rule 59(1) (retention of documents)—

(a) omit sub-paragraphs (c) and (e);

(b) where the votes at the election have been counted concurrently with the votes at the Authority election using the central counting system, omit sub-paragraph (a); and

(c) where the votes at the election have been counted using the central counting system, but not concurrently with the votes at the Authority election, after sub-paragraph (c) insert—

“(ca) the packets containing the records referred to in rule 58(1A).”

39.   In rule 60 (orders for production of documents)—

(a) in paragraph (1)(b), after the words “for the opening of”, insert “a packet containing the records referred to in rule 58(1A),”;

(b) in paragraph (2), after the words “for the opening of”, insert “a packet containing the records referred to in rule 58(1A) or”;

(c) in paragraph (3), after the words “for the opening of”, insert “a packet containing the records referred to in rule 58(1A) or”;

(d) in paragraph (6), after the words “document” in each place where it appears, insert “or record”;

(e) after paragraph (7), insert—

“(7A) The production from proper custody of a copy of any of the records placed in such custody under these rules which indicates that a particular vote was cast by a particular elector shall be prima facie evidence that such vote was cast by such elector.”; and

(f) at the end of paragraph (8), insert “or containing the records referred to in rule 58(1A)”.

40.   In the Appendix of forms for the form of direction for the guidance of the voters in voting substitute—

“

”

41.   In the Appendix of forms, for the form of declaration to be made by the companion of a voter with disabilities substitute—

“

”

42.   In the Appendix of Forms, in the form for the back of the elector’s official poll card, for the words “Fold the ballot paper in two.” substitute “Please do not fold the ballot paper.”

43.   In the Appendix of Forms and Directions, for the directions as to printing the ballot paper substitute—

“Directions as to printing the ballot paper

1.   The ballot paper shall contain no words or marks other than—

(a) the headings “Election For The European Parliament”, the name of the electoral region and the statement “YOU HAVE ONE VOTE”, the names of registered political parties, the names and descriptions of individual candidates, the names of candidates on a party list, the number of each registered party or individual candidate and a number for each candidate on a party list and words forming parts of emblems;

(b) those necessary for its recognition and counting by the electronic counting equipment;

(c) the instruction (to be inserted on the back of ballot papers other than postal ballot papers) “DO NOT FOLD”.

2.   So far as practicable, the following arrangements shall be observed in the printing of the ballot paper—

(a) the space allocated to the names of the individual candidates and registered parties shall be divided equally between them;

(b) different fonts and sizes of character may be used for—

(i) surnames,

(ii) other names,

(iii) other particulars,

but fonts and sizes of character shall not otherwise vary as between the names of the individual candidates and registered parties, as between the descriptions of individual candidates or as between the names of candidates on parties' lists;

(c) the space allocated to the emblem of each registered party whose request for the appearance on the ballot paper of that party’s registered emblem (or one of them) has been duly made shall be the same as that allocated to the emblem of every other such registered party;

(d) where an emblem is to be printed against a registered parties' name it shall be printed adjacent to that name;

(e) on the front or back of the ballot paper the number shall be printed in small characters; and

(f) the instruction referred to in paragraph 1(c) shall be printed in large capital letters.””

(1)

Subsection (2C) was inserted by paragraphs 1 and 3 of Schedule 3 to the Greater London Authority Act 1999 (c. 29).

(2)

S.I. 2001/1298; which was amended by S.I. 2004/226.