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Parliamentary Voting System and Constituencies Act 2011

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This is the original version (as it was originally enacted). This item of legislation is currently only available in its original format.

The poll

Admission to the polling station

19(1)Rule 21(1) of the referendum rules has effect as if the persons listed there included persons who would be entitled to be admitted to the polling station for any relevant election if the poll for that election were held on its own.

(2)Rule 32(1) of the Assembly Elections Rules has effect as if the persons listed there included—

(a)persons who would be entitled to be admitted to the polling station for the referendum if the poll for the referendum were held on its own, and

(b)persons who would be entitled to be admitted to the polling station for the local election if the poll for that election were held on its own.

(3)Rule 29(1) of the Local Elections Rules has effect as if the persons listed there included—

(a)persons who would be entitled to be admitted to the polling station for the referendum if the poll for the referendum were held on its own, and

(b)persons who would be entitled to be admitted to the polling station for the Assembly election if the poll for that election were held on its own.

Questions to be put to voters

20(1)Rule 35 of the Assembly Elections Rules has effect as if, in the questions in entries 1, 2 and 4 of the table in paragraph (1), after “at this” (in each place) there were inserted “Assembly”.

(2)Rule 32 of the Local Elections Rules has effect as if, in paragraphs (1) and (2), after “at this” (in each place) there were inserted “local”.

Voting procedure: copies of registers and lists of proxies

21(1)If the Chief Electoral Officer thinks fit, the same copy of the register of electors may be used under the following provisions for the purposes of the referendum and the relevant elections—

(a)rule 28(2) of the referendum rules;

(b)rule 37(1) of the Assembly Elections Rules;

(c)rule 34(1) of the Local Elections Rules.

(2)Sub-paragraphs (3) and (4) apply where the same copy of the register is used as mentioned in sub-paragraph (1).

(3)In a case where a ballot paper is delivered at the same time in respect of the referendum and the relevant elections, a single mark must be placed in the register against the number of the elector under—

(a)rule 28(2)(c) of the referendum rules,

(b)rule 37(1)(d) of the Assembly Elections Rules, and

(c)rule 34(1)(d) of the Local Elections Rules.

(4)In any other case, a mark must be placed in the register against the number of the elector identifying the poll to which each ballot paper delivered relates.

(5)In the case of an elector who is added to the register in pursuance of a notice issued under section 13BA(9) of the 1983 Act—

(a)references in this paragraph to the copy of the register of electors are to be read as references to the copy of the notice;

(b)references to a mark being placed in the register of electors are to be read as references to a mark being made on the copy of the notice.

22(1)If the Chief Electoral Officer thinks fit, he or she may require the relevant registration officer to produce a combined list of proxies for the referendum and the relevant elections.

(2)The following provisions apply where the lists are combined and a person applies for a ballot paper as proxy.

(3)Immediately before delivery of the ballot paper the list of proxies must be marked in a way that identifies—

(a)the proxy,

(b)the elector for whom the proxy is applying for the ballot paper, and

(c)the referendum or relevant election to which the ballot paper relates.

(4)Sub-paragraph (3) applies instead of—

(a)rule 28(2)(d) of the referendum rules;

(b)rule 37(1)(e) of the Assembly Elections Rules;

(c)rule 34(1)(e) of the Local Elections Rules.

23(1)This paragraph applies where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together.

(2)If the Chief Electoral Officer thinks fit, he or she may require the relevant registration officer to produce—

(a)a combined postal voters list, consisting of the things that would otherwise be included in—

(i)the postal voters list for the referendum;

(ii)the list under paragraph 2(4)(a) of Part 1 of Schedule 2 to the Local Elections Order;

(iii)the list under section 7(4)(a) of the Representation of the People Act 1985 as applied for the purposes of Assembly elections by Article 3(1) of, and Schedule 1 to, the Northern Ireland Assembly (Elections) Order 2001;

(b)a combined proxy postal voters list, consisting of the things that would otherwise be included in—

(i)the proxy postal voters list for the referendum;

(ii)the list under paragraph 4(8) of Part 1 of Schedule 2 to the Local Elections Order;

(iii)the list under section 9(9) of the Representation of the People Act 1985 as applied for the purposes of Assembly elections by Article 3(1) of, and Schedule 1 to, the Northern Ireland Assembly (Elections) Order 2001.

(3)Where appropriate—

(a)a reference in any enactment to a list mentioned in sub-paragraphs (i) to (iii) of sub-paragraph (2)(a) is to be read as a reference to the combined postal voters list;

(b)a reference in any enactment to a list mentioned in sub-paragraphs (i) to (iii) of sub-paragraph (2)(b) is to be read as a reference to the combined proxy postal voters list.

List of votes marked by presiding officer

24(1)If the Chief Electoral Officer thinks fit, a single list of votes marked by the presiding officer may be used for the purposes of the referendum and the relevant elections.

(2)Where a person’s entry in that list does not relate to the referendum and each relevant election the entry must—

(a)indicate whether it relates to the referendum, and

(b)identify any relevant election to which it relates.

(3)In this paragraph “list of votes marked by the presiding officer” means a list compiled under—

(a)rule 30(4) of the referendum rules,

(b)rule 38(2) of the Assembly Elections rules, or

(c)rule 35(3) of the Local Elections Rules.

Declaration to be made by the companion of a voter with disabilities

25(1)A declaration made by the companion of a voter with disabilities must be in the form set out in Form 8 in Part 3 of this Schedule.

(2)In this paragraph “declaration made by the companion of a voter with disabilities” means a declaration made by a companion under—

(a)rule 31 of the referendum rules,

(b)rule 39 of the Assembly Elections Rules, or

(c)rule 36 of the Local Elections Rules.

(3)This paragraph applies instead of—

(a)rule 31(5)(a) of the referendum rules;

(b)rule 39(5)(a) of the Assembly Elections Rules;

(c)rule 36(5)(a) of the Local Rules.

List of voters with disabilities assisted by companions

26(1)If the Chief Electoral Officer thinks fit, a single list of voters with disabilities assisted by companions may be used for the purposes of the referendum and the relevant elections.

(2)Where a person’s entry in that list does not relate to the referendum and each relevant election the entry must—

(a)indicate whether it relates to the referendum, and

(b)identify any relevant election to which it relates.

(3)In this paragraph “list of voters with disabilities assisted by companions” means a list compiled under—

(a)rule 31(8) of the referendum rules,

(b)rule 39(4) of the Assembly Elections Rules, or

(c)rule 36(4) of the Local Elections Rules.

Tendered votes list

27(1)If the Chief Electoral Officer thinks fit, a single tendered votes list may be used for the purposes of the referendum and the relevant elections.

(2)Where a person’s entry in that list does not relate to the referendum and each relevant election the entry must—

(a)indicate whether it relates to the referendum, and

(b)identify any relevant election to which it relates.

(3)In this paragraph “tendered votes list” means a list compiled under—

(a)rule 33(7) of the referendum rules,

(b)rule 40(3) of the Assembly Elections Rules, or

(c)rule 37(6) of the Local Elections Rules.

Lists relating to correction of errors on day of poll

28(1)If the Chief Electoral Officer thinks fit, a single list of persons to whom ballot papers are delivered in consequence of late alterations to the register may be used for the purposes of the referendum and the relevant elections.

(2)Where a person’s entry in that list does not relate to the referendum and each relevant election the entry must—

(a)indicate whether it relates to the referendum, and

(b)identify any relevant election to which it relates.

(3)In this paragraph “list of persons to whom ballot papers are delivered in consequence of late alterations to the register” means a list compiled under—

(a)rule 36 of the referendum rules,

(b)rule 41B of the Assembly Elections Rules, or

(c)rule 39A of the Local Elections Rules.

Procedure on close of poll

29(1)In rule 38(1) of the referendum rules the reference to polling agents includes a reference to polling agents appointed for the purposes of the relevant elections.

(2)In rule 43(1) of the Assembly Elections Rules the reference to polling agents includes a reference to—

(a)polling agents appointed for the purposes of the referendum;

(b)polling agents appointed for the purposes of the local election.

(3)In rule 41(1) of the Local Elections Rules the reference to polling agents includes a reference to—

(a)polling agents appointed for the purposes of the referendum;

(b)polling agents appointed for the purposes of the Assembly election.

30(1)A packet made up under one of the following provisions may not be combined with a packet made up under another of those provisions.

(2)The provisions are—

(a)rule 38(1)(b), (c) or (f) of the referendum rules;

(b)rule 43(1)(b), (c) or (e) of the Assembly Elections Rules;

(c)rule 41(1)(b), (c) or (e) of the Local Elections Rules.

31(1)The ballot paper account prepared under one of the following provisions may not be combined with the ballot paper account made up under another of those provisions.

(2)The provisions are—

(a)rule 38(6) of the referendum rules;

(b)rule 43(3) of the Assembly Election Rules;

(c)rule 41(3) of the Local Election Rules.

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