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Parliamentary Voting System and Constituencies Act 2011

Type Public General Act

Publication 2011-02-16

Last updated 2024-08-24

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

PART 1 — Voting system for parliamentary elections

The referendum

Referendum on the alternative vote system

1

(1) A referendum is to be held on the voting system for parliamentary elections.

(2) The referendum must be held before 31 October 2011.

(3) The referendum is to be held on 5 May 2011 unless before then an order is made under subsection (4).

(4) If the Minister is satisfied that it is impossible or impracticable for the referendum to be held on 5 May 2011, or that it cannot be conducted properly if held on that day, the Minister may by order appoint a later day as the day on which the referendum is to be held.

(5) Where a day is appointed under subsection (4), the Minister may by order make supplemental or consequential provision, including provision modifying or amending this Act or another enactment (and, in particular, provision modifying or amending this Act as regards the meaning of “voting area” or “counting officer”).

(6) An order under this section may not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(7) The question that is to appear on the ballot papers is—

At present, the UK uses the “first past the post” system to elect MPs to the House of Commons. Should the “alternative vote” system be used instead?

(8) In Wales, the following Welsh version of the question is also to appear on the ballot papers—

Ar hyn o bryd, mae'r DU yn defnyddio'r system “y cyntaf i'r felin” i ethol ASau i Dŷ'r Cyffredin. A ddylid defnyddio'r system “pleidlais amgen” yn lle hynny?

(9) Schedule 1 has effect in relation to the referendum.

Entitlement to vote in the referendum

2

(1) Those entitled to vote in the referendum are—

(a) the persons who, on the date of the referendum, would be entitled to vote as electors at a parliamentary election in any constituency, and

(b) the persons who, on that date, are disqualified by reason of being peers from voting as electors at parliamentary elections but—

(i) would be entitled to vote as electors at a local government election in any electoral area in Great Britain,

(ii) would be entitled to vote as electors at a local election in any district electoral area in Northern Ireland, or

(iii) would be entitled to vote as electors at a European Parliamentary election in any electoral region by virtue of section 3 of the Representation of the People Act 1985 (peers resident outside the United Kingdom).

(2) In subsection (1)(b)(i) “local government election” includes a municipal election in the City of London (that is, an election to the office of mayor, alderman, common councilman or sheriff and also the election of any officer elected by the mayor, aldermen and liverymen in common hall).

Conduct of the referendum

3

(1) The referendum is to be conducted in accordance with the rules set out in Part 1 of Schedule 2.

(2) Part 2 of that Schedule (forms and directions) has effect for the purposes of those rules.

(3) Schedule 3 (absent voting in the referendum) has effect.

(4) Schedule 4 (application to the referendum of existing provisions) has effect.

Combination of polls

4

(1) Where the date of the poll for one or more of the following is the same as the date of the poll for the referendum, the polls are to be taken together—

(a) a local authority election in England;

(b) a local referendum in England;

(2) The polls for the referendum and the Welsh Assembly general election in 2011 are to be taken together.

(3) The polls for the referendum and the Scottish parliamentary general election in 2011 are to be taken together.

(4) The polls for—

(a) the referendum,

(b) the general election of members of the Northern Ireland Assembly to be held on 5 May 2011, and

are to be taken together.

(5) The following have effect—

Schedule 5, in relation to the polls to be taken together in England under subsection (1);

Schedule 6, in relation to the polls to be taken together in Wales under subsection (2);

Schedule 7, in relation to the polls to be taken together in Scotland under subsection (3);

Schedule 8, in relation to the polls to be taken together in Northern Ireland under subsection (4).

(6) Polls taken together under this section must not be taken together with any other polls (despite provision in any enactment to the contrary).

(7) Section 16 of the Representation of the People Act 1985 (postponement of poll at parish elections etc) does not apply to any polls taken together under subsection (1).

(8) If any of the elections referred to in subsections (2) to (4) are not held on the same day as the referendum, this Part has effect with any necessary adaptations and in particular—

(a) if the Welsh Assembly general election in 2011 is not held on that day, subsection (2) and Schedule 6 do not apply (and Part 3 of Schedule 4 applies with the necessary adaptations);

(b) if the Scottish parliamentary general election in 2011 is not held on that day, subsection (3) and Schedule 7 do not apply (and Part 3 of Schedule 4 applies with the necessary adaptations);

(c) if any of the elections referred to in subsection (4) are not held on that day, that subsection and Schedule 8 either do not apply or apply only in relation to the elections that are held on that day.

(9) Where a day is appointed by an order under section 1(4)—

(a) if that day is the same as the date of a poll mentioned in subsection (1), the Minister may by order make provision disapplying that subsection or any of paragraphs (a) to (c) of it;

(b) if that day is the same as the date of a poll mentioned in subsection (2) or (3), the Minister may by order make provision disapplying the subsection in question;

(c) if that day is the same as the date of a poll mentioned in subsection (4), the Minister may by order make provision disapplying that subsection or either of paragraphs (b) and (c) of it.

(10) Where a day is appointed by an order under section 1(4), and that day is the same as the date of a poll not mentioned in subsections (1) to (4), the Minister may by order—

(a) provide that the polls are to be taken together, and

(b) make provision for and in connection with the combination of the polls.

(11) An order containing provision made under subsection (9) or (10)—

(a) may make supplemental or consequential provision, including provision modifying or amending this Act or another enactment (and, in particular, provision modifying or amending this Act as regards the meaning of “voting area” or “counting officer”);

(b) may not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(12) In this section—

“local authority election in England” means the election of a councillor of any of the following—a county council in England;a district council in England;a London borough council;a parish council;

“local referendum in England” means a referendum held in England under Part 2 of the Local Government Act 2000;

“mayoral election in England” means an election in England for the return of an elected mayor as defined by section 39(1) of the Local Government Act 2000;

“Northern Ireland local election” means a local election as defined by section 130(1) of the Electoral Law Act (Northern Ireland) 1962;

“Scottish parliamentary general election” means an ordinary election under section 2 of the Scotland Act 1998;

“Welsh Assembly general election” means an ordinary election under section 3 of the Government of Wales Act 2006.

Press comment etc not subject to spending controls

5

Expenses incurred in respect of the publication of any matter relating to the referendum, other than an advertisement, in—

(a) a newspaper or periodical,

(b) a broadcast made by the British Broadcasting Corporation or Sianel Pedwar Cymru, or

(c) a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996,

are not “referendum expenses” for the purposes of Part 7 of the 2000 Act.

Control of loans etc to permitted participants

6

(1) The 2000 Act has effect in relation to the referendum as if the Schedule set out in Schedule 9 to this Act were inserted in that Act as Schedule 15A.

(2) Section 120 of the 2000 Act (returns as to referendum expenses) has effect in relation to the referendum as if at the end of subsection (2)(d) there were inserted “ and a statement of regulated transactions entered into in respect of the referendum which complies with the requirements of paragraphs 11 to 15 of Schedule 15A ”.

(3) Section 123 of the 2000 Act (declaration of responsible person as to return under section 120) has effect in relation to the referendum as if for subsection (3) there were substituted—

(3) In a case where the permitted participant either is not a registered party or is a minor party, the declaration must also— (a) in relation to all relevant donations recorded in the return as having been accepted by the permitted participants— (i) state that they were all from permissible donors, or (ii) state whether or not section 56(2) was complied with in the case of each of those donations that was not from a permissible donor; (b) in relation to all regulated transactions recorded in the return as having been entered into by the permitted participant— (i) state that none of the transactions was made void by paragraph 5(2) or (6) or 6(3) of Schedule 15A, or (ii) state whether or not paragraph 5(3)(a) of that Schedule was complied with in the case of each of the transactions that was made void by paragraph 5(2) or (6) of that Schedule.

(4) Section 124 of the 2000 Act (public inspection of returns under section 120) has effect in relation to the referendum as if for subsection (2) there were substituted—

(2) If the return contains a statement of relevant donations or a statement of regulated transactions in accordance with section 120(2)(d), the Commission shall secure that the copy of the statement made available for public inspection does not include— (a) in the case of any donation by an individual, the donor's address; (b) in the case of a transaction entered into by the permitted participant with an individual, the individual's address.

(5) Schedule 15 to the 2000 Act (control of donations to permitted participants) has effect in relation to the referendum as if—

(a) paragraph (d) of paragraph 2(1) were omitted, together with paragraph 2(3)(a), the words “the loan or” in paragraphs 2(3) and 5(4)(a), the words “(d) or” in paragraph 5(4), and paragraph 5(4)(a)(i);

(b) for paragraph (b) of paragraph 10(2) there were substituted—

(b) the value of it and any other relevant benefit or benefits is more than that amount. In paragraph (b) “relevant benefit” means any relevant donation or regulated transaction (within the meaning of Schedule 15A) made by, or entered into with, the person who made the donation.”

(6) Schedule 19C to the 2000 Act (civil sanctions), and any order under Part 5 of that Schedule, have effect as if offences under paragraph 8(1) to (12) of the Schedule set out in Schedule 9 to this Act were offences prescribed in an order under that Part.

(7) Paragraphs 4, 5, 6 and 8 of the Schedule set out in Schedule 9 do not apply to regulated transactions (within the meaning of that Schedule) entered into before the commencement of this section; but otherwise the provisions of this section (and that Schedule) apply to such transactions entered into before as well as after that commencement.

(8) Paragraph 7 of that Schedule applies only to a purported transfer made on or after the commencement of this section.

Interpretation

7

(1) In this Part—

“the 1983 Act” means the Representation of the People Act 1983;

“the 2000 Act” means the Political Parties, Elections and Referendums Act 2000;

“Chief Counting Officer” means the Chief Counting Officer for the referendum (see section 128(2) of the 2000 Act);

“counting officer” has the meaning given by paragraph 2 of Schedule 1;

“enactment” includes—any provision of an Act,any provision of, or of any instrument made under, an Act of the Scottish Parliament,any provision of, or of any instrument made under, Northern Ireland legislation, andany provision of subordinate legislation (within the meaning of the Interpretation Act 1978);

“the Minister” means the Lord President of the Council or the Secretary of State;

“permitted participant” has the same meaning as in Part 7 of the 2000 Act (see section 105(1) of that Act);

“the referendum” means the referendum under section 1;

“referendum rules” means the rules in Part 1 of Schedule 2;

“Regional Counting Officer” means an officer appointed under paragraph 3(1) of Schedule 1;

“registration officer” has the meaning given in section 8 of the 1983 Act;

“responsible person” has the same meaning as in Part 7 of the 2000 Act (see section 105(2) of that Act).

(2) Each of the following, as it exists on the day of the referendum, is a “voting area” for the purposes of this Part—

(a) a district in England for which there is a district council;

(b) a county in England in which there are no districts with councils;

(d) the City of London (including the Inner and Middle Temples);

(e) the Isles of Scilly;

(f) a constituency for the National Assembly for Wales;

(g) a constituency for the Scottish Parliament;

(h) Northern Ireland.

Result of the referendum

Commencement or repeal of amending provisions

8

(1) The Minister must make an order bringing into force section 9, Schedule 10 and Part 1 of Schedule 12 (“the alternative vote provisions”) if—

(a) more votes are cast in the referendum in favour of the answer “Yes” than in favour of the answer “No”, and

(b) the draft of an Order in Council laid before Parliament under subsection (5A) of section 3 of the Parliamentary Constituencies Act 1986 (substituted by section 10(6) below) has been submitted to Her Majesty in Council under section 4 of that Act.

(2) If more votes are not cast in the referendum in favour of the answer “Yes” than in favour of the answer “No”, the Minister must make an order repealing the alternative vote provisions.

(3) An order under subsection (1)—

(a) must bring the alternative vote provisions into force on the same day as the coming into force of the Order in Council in terms of the draft referred to in paragraph (b) of that subsection, but

(b) does not affect any election held before the first parliamentary general election following that day.

The alternative vote system: amendments

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2 — Parliamentary constituencies

Boundary Commissions: reports etc

10

(1) In the Parliamentary Constituencies Act 1986 (“the 1986 Act”) section 3 (reports of the Boundary Commissions) is amended as set out in subsections (2) to (7).

(2) In subsection (1)—

(a) in paragraph (a), for “paragraphs 1 to 6 of Schedule 2 to this Act (read with paragraph 7 of that Schedule)” there is substituted “ Schedule 2 to this Act ”;

(b) in paragraph (b), the words “(read with paragraph 7)” are repealed.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) After subsection (2A) there is inserted—

(2B) In relation to any report which a Boundary Commission are required by subsection (2) above to submit before a particular date but have not yet submitted (a “pending boundary report”), the Commission shall submit to the Speaker of the House of Commons— (a) during the January that begins one year and nine months before that date, and (b) during each subsequent January, a report setting out what progress they have made with the preparation of the pending boundary report, with particular reference to the requirement in subsection (2) above. (2C) On receiving a report under subsection (2B) above, the Speaker shall lay it before Parliament.

(5) Subsection (3) is repealed.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Subsections (7) and (8) are repealed.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) In Schedule 1 to the 1986 Act (the Boundary Commissions), in paragraph 5(d) (assessor officers of the Boundary Commission for Northern Ireland)—

(a) for “and the” there is substituted “ , the ”;

(b) at the end there is inserted “ and the Chief Survey Officer of Land and Property Services ”.

(10) In paragraph 6 of that Schedule (assistant Commissioners)—

(a) in sub-paragraph (1), for the words after “assistant Commissioners” there is substituted “ to assist the Commission in the discharge of their functions. ”;

(b) in sub-paragraph (2), for “inquiry” there is substituted “ matter ”.

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Number and distribution of seats

11

(1) For Schedule 2 to the 1986 Act there is substituted—

SCHEDULE 2 (1) The number of constituencies in the United Kingdom shall be 600. (2) (1) The electorate of any constituency shall be— (a) no less than 95% of the United Kingdom electoral quota, and (b) no more than 105% of that quota. (2) This rule is subject to rules 4(2), 6(3) and 7. (3) In this Schedule the “United Kingdom electoral quota” means— $$U596$where U is the electorate of the United Kingdom minus the electorate of the constituencies mentioned in rule 6.$ (3) (1) Each constituency shall be wholly in one of the four parts of the United Kingdom (England, Wales, Scotland and Northern Ireland). (2) The number of constituencies in each part of the United Kingdom shall be determined in accordance with the allocation method set out in rule 8. (4) (1) A constituency shall not have an area of more than 13,000 square kilometres. (2) A constituency does not have to comply with rule 2(1)(a) if— (a) it has an area of more than 12,000 square kilometres, and (b) the Boundary Commission concerned are satisfied that it is not reasonably possible for the constituency to comply with that rule. (5) (1) A Boundary Commission may take into account, if and to such extent as they think fit— (a) special geographical considerations, including in particular the size, shape and accessibility of a constituency; (b) local government boundaries as they exist on the most recent ordinary council-election day before the review date; (c) boundaries of existing constituencies; (d) any local ties that would be broken by changes in constituencies; (e) the inconveniences attendant on such changes. (2) The Boundary Commission for England may take into account, if and to such extent as they think fit, boundaries of the electoral regions specified in Schedule 1 to the European Parliamentary Elections Act 2002 (ignoring paragraph 2(2) of that Schedule and the references to Gibraltar) as it has effect on the most recent ordinary council-election day before the review date. (3) This rule has effect subject to rules 2 and 4. (6) (1) There shall be two constituencies in the Isle of Wight. (2) There shall continue to be— (a) a constituency named Orkney and Shetland, comprising the areas of the Orkney Islands Council and the Shetland Islands Council; (b) a constituency named Na h-Eileanan an Iar, comprising the area of Comhairle nan Eilean Siar. (3) Rule 2 does not apply to these constituencies. (7) where— (1) In relation to Northern Ireland, sub-paragraph (2) below applies in place of rule 2 where— (a) the difference between— (i) the electorate of Northern Ireland, and (ii) the United Kingdom electoral quota multiplied by the number of seats in Northern Ireland (determined under rule 8), exceeds one third of the United Kingdom electoral quota, and (b) the Boundary Commission for Northern Ireland consider that having to apply rule 2 would unreasonably impair— (i) their ability to take into account the factors set out in rule 5(1), or (ii) their ability to comply with section 3(2) of this Act. (2) The electorate of any constituency shall be— (a) no less than whichever is the lesser of— $N-A$ and 95% of the United Kingdom electoral quota, and (b) no more than whichever is the greater of— $N+A$ and 105% of the United Kingdom electoral quota, - N is the electorate of Northern Ireland divided by the number of seats in Northern Ireland (determined under rule 8), and - A is 5% of the United Kingdom electoral quota. (8) (1) The allocation method referred to in rule 3(2) is as follows. (2) The first constituency shall be allocated to the part of the United Kingdom with the greatest electorate. (3) The second and subsequent constituencies shall be allocated in the same way, except that the electorate of a part of the United Kingdom to which one or more constituencies have already been allocated is to be divided by— $2C+1$ where C is the number of constituencies already allocated to that part. (4) Where the figure given by sub-paragraph (3) above is the same for two or more parts of the United Kingdom, the part to which a constituency is to be allocated shall be the one with the smaller or smallest actual electorate. (5) This rule does not apply to the constituencies mentioned in rule 6, and accordingly— (a) the electorate of England shall be treated for the purposes of this rule as reduced by the electorate of the constituencies mentioned in rule 6(1); (b) the electorate of Scotland shall be treated for the purposes of this rule as reduced by the electorate of the constituencies mentioned in rule 6(2). (9) For this purpose the relevant version of a register is the version that is required by virtue of subsection (1) of section 13 of the Representation of the People Act 1983 to be published no later than the review date, or would be so required but for— (1) This rule has effect for the purposes of this Schedule. (2) The “electorate” of the United Kingdom, or of a part of the United Kingdom or a constituency, is the total number of persons whose names appear on the relevant version of a register of parliamentary electors in respect of addresses in the United Kingdom, or in that part or that constituency. (a) any power under that section to prescribe a later date, or (b) subsection (1A) of that section. (3) “Local government boundaries” are— (a) in England, the boundaries of counties and their electoral divisions, districts and their wards, London boroughs and their wards and the City of London, (b) in Wales, the boundaries of counties, county boroughs, electoral divisions, communities and community wards, (c) in Scotland, the boundaries of local government areas and the electoral wards into which they are divided under section 1 of the Local Governance (Scotland) Act 2004, and (d) in Northern Ireland, the boundaries of wards. (4) “Ordinary council-election day” is— (a) in relation to England and Wales, the ordinary day of election of councillors for local government areas; (b) in relation to Scotland, the day on which the poll is held at ordinary elections of councillors for local government areas; (c) in relation to Northern Ireland, the day of an election for any district council (other than an election to fill a casual vacancy). (5) The “review date”, in relation to a report under section 3(1) of this Act that a Boundary Commission is required (by section 3(2)) to submit before a particular date, is two years and ten months before that date. (6) “The United Kingdom electoral quota” has the meaning given by rule 2(3). (7) A reference in rule 6 to an area is to the area as it existed on the coming into force of Part 2 of the Parliamentary Voting System and Constituencies Act 2011.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In Part 4 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for particular constituencies)—

(a) in the entry for Member of Her Majesty's Commission of Lieutenancy for the City of London, for “The constituency comprising the whole of” there is substituted “ Any constituency comprising the whole or part of ”;

(b) in the entry for Governor of the Isle of Wight, for “The Isle of Wight” there is substituted “ Any constituency comprising any part of the Isle of Wight ”.

(4) In section 8 of the Representation of the People Act 1983 (registration officers), for paragraph (b) of subsection (2) there is substituted—

(b) in relation to any constituency part of which consists of some or all of the area of the City and the Inner and Middle Temples, the Common Council shall appoint an officer to be registration officer for that part of the constituency.

Boundary Commission proposals: publicity and consultation

12

(1) For section 5 of the 1986 Act (notices) there is substituted—

(5) (1) Once a Boundary Commission have decided what constituencies they propose to recommend in a report under section 3(1)(a) above— (a) the Commission shall take such steps as they think fit to inform people in each of the proposed constituencies— (i) what the proposals are, (ii) that a copy of the proposals is open to inspection at a specified place within the proposed constituency, and (iii) that written representations with respect to the proposals may be made to the Commission during a specified period of 12 weeks (“the initial consultation period”); (b) the Commission shall cause public hearings to be held during the period beginning with the fifth week of the initial consultation period and ending with the tenth week of it. (2) Subsection (1)(a)(ii) above does not apply to a constituency with respect to which no alteration is proposed. (3) Schedule 2A to this Act, which makes further provision about public hearings under subsection (1)(b) above, has effect. (4) After the end of the initial consultation period the Commission— (a) shall publish, in such manner as they think fit, representations made as mentioned in subsection (1)(a) above and records of public hearings held under subsection (1)(b) above; (b) shall take such steps as they think fit to inform people in the proposed constituencies that further written representations with respect to the things published under paragraph (a) above may be made to the Commission during a specified period of four weeks (“the secondary consultation period”). (5) If after the end of the secondary consultation period the Commission are minded to revise their original proposals so as to recommend different constituencies, they shall take such steps as they see fit to inform people in each of those revised proposed constituencies— (a) what the revised proposals are, (b) that a copy of the revised proposals is open to inspection at a specified place within the revised proposed constituency, and (c) that written representations with respect to the revised proposals may be made to the Commission during a specified period of eight weeks. (6) Subsection (5) above does not apply to any proposals to make further revisions. (7) Steps taken under subsection (4) or (5) above need not be of the same kind as those taken under subsection (1) above. (8) A Boundary Commission shall take into consideration— (a) written representations duly made to them as mentioned in subsection (1)(a), (4)(b) or (5)(c) above, and (b) representations made at public hearings under subsection (1)(b) above. (9) Except as provided by this section and Schedule 2A to this Act, a Boundary Commission shall not cause any public hearing or inquiry to be held for the purposes of a report under this Act. (10) Where a Boundary Commission publish— (a) general information about how they propose to carry out their functions (including, in the case of the Boundary Commission for England, information about the extent (if any) to which they propose to take into account the boundaries mentioned in rule 5(2) of Schedule 2 to this Act), or (b) anything else to which subsection (1), (4) or (5) above does not apply, it is for the Commission to determine whether to invite representations and, if they decide to do so, the procedure that is to apply.

(2) After Schedule 2 to the 1986 Act there is inserted the Schedule set out in Schedule 11 to this Act.

(3) Section 6 of the 1986 Act (local inquiries) is repealed.

National Assembly for Wales

13

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The following provisions of the Government of Wales Act 2006 are repealed—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) Schedule 1;

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review of reduction in number of constituencies

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — Miscellaneous and general

Orders

15

A power under this Act to make an order is exercisable by statutory instrument.

Repeals

16

Schedule 12 (repeals) has effect.

Financial provisions

17

(1) There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of money so provided.

(2) There is to be charged on and paid out of the Consolidated Fund any increase attributable to this Act in the sums to be charged on and paid out of that Fund under any other Act.

(3) There is to be paid into the Consolidated Fund any increase attributable to this Act in the sums payable into that Fund under any other Act.

Extent

18

This Act extends to the whole of the United Kingdom, except that—

(a) Part 1 of Schedule 3 extends only to England and Wales and Scotland;

(b) Part 2 of that Schedule extends only to Northern Ireland;

Commencement

19

(1) Section 9, Schedule 10 and Part 1 of Schedule 12 come into force in accordance with provision made by an order under section 8(1).

(2) The other provisions of this Act come into force on the day on which this Act is passed.

Short title

20

This Act may be cited as the Parliamentary Voting System and Constituencies Act 2011.

SCHEDULE 1

Referendum period

1

For the purposes of Part 7 of the 2000 Act the referendum period for the referendum—

(a) begins with the day on which this Act is passed, and

(b) ends with the date of the poll.

Counting officers

2

(1) The counting officer for a voting area that is—

(a) a district in England,

(b) a county in England, or

is the person who, by virtue of section 35 of the 1983 Act, is the returning officer for elections of councillors of the district, county or borough.

(2) The counting officer for the City of London voting area is the person who, by virtue of that section, is the returning officer for elections of councillors of the London borough of Westminster.

(3) The counting officer for the Isles of Scilly voting area is the person who, by virtue of that section, is the returning officer for elections to the Council of the Isles of Scilly.

(4) The counting officer for a voting area in Wales is the person who, by virtue of provision made under section 13(1)(a) of the Government of Wales Act 2006, is the returning officer for elections of members of the National Assembly for Wales for the constituency that forms the voting area.

(5) The counting officer for a voting area in Scotland is the person who, by virtue of provision made under section 12(1)(a) of the Scotland Act 1998, is the returning officer for elections of members of the Scottish Parliament for the constituency that forms the voting area.

(6) The counting officer for the Northern Ireland voting area is the Chief Electoral Officer for Northern Ireland.

Regional Counting Officers

3

(1) The Chief Counting Officer may appoint a Regional Counting Officer for any region in Great Britain.

(2) For the purposes of this paragraph the regions are—

East Midlands;

Eastern;

London;

North East;

North West;

South East;

South West;

West Midlands;

Yorkshire and the Humber;

Scotland;

Wales.

The regions in England comprise the areas specified in the Table in Schedule 1 to the European Parliamentary Elections Act 2002 (ignoring paragraph 2(2) of that Schedule and the references to Gibraltar) as it has effect for the time being.

Assistance to counting officers etc

4

(1) A local authority whose area forms, or forms part of, a particular voting area must place the services of their officers at the disposal of—

(a) the counting officer for the voting area, and

(b) the Regional Counting Officer (if any) appointed for the region that includes the voting area,

for the purpose of assisting the officer in the discharge of his or her functions.

(2) In this paragraph “local authority”—

(a) in the case of a voting area that is a district or county in England, or a London borough, means the council for that district, county or borough;

(b) in the case of the City of London voting area, means the Common Council of the City of London;

(d) in the case of a voting area in Wales, means the council of a county or county borough;

(e) in the case of a voting area in Scotland, means the council of a local government area.

General duties of counting officers etc

5

(1) The Chief Counting Officer, Regional Counting Officers and counting officers must do whatever things are necessary for conducting the referendum in the manner provided by this Part.

(2) The counting officer for a voting area is responsible, as regards that area, for—

(a) the conduct of the poll,

(b) (subject to sub-paragraph (3)) the printing of the ballot papers,

(c) the issue and receipt of postal ballot papers for persons entitled to vote on their own behalf in the referendum and for their proxies,

(d) the verification of the statements made under rule 38(6) of the referendum rules (ballot paper accounts), and

(e) the counting of the votes cast.

(3) Responsibility for the printing of the ballot papers for a voting area may be taken—

(a) by the Chief Counting Officer;

(b) in the case of a voting area in a region for which a Regional Counting Officer is appointed, by the Chief Counting Officer or the Regional Counting Officer.

The Chief Counting Officer or Regional Counting Officer may direct the counting officer concerned accordingly.

(4) In the case of a region for which a Regional Counting Officer is appointed, the officer must certify as regards the votes cast in the region—

(a) the total number of ballot papers counted, and

(b) the total number of votes cast in favour of each answer to the question asked in the referendum.

Where two or more forms of ballot paper are used in the referendum, a separate number must be certified under paragraph (a) in relation to each form of ballot paper used.

(5) The Chief Counting Officer may give Regional Counting Officers or counting officers—

(a) directions about the discharge of their functions;

(b) directions requiring them to take specified steps in preparation for the referendum;

(c) directions requiring them to provide the Chief Counting Officer with information that they have or are entitled to have.

(6) A Regional Counting Officer for a region may give counting officers for voting areas within that region—

(a) directions about the discharge of their functions;

(b) directions requiring them to take specified steps in preparation for the referendum;

(c) directions requiring them to provide the Regional Counting Officer with information that they have or are entitled to have.

(7) A power under this paragraph of a Regional Counting Officer to give a direction to a counting officer is exercisable only in accordance with a specific or general authorisation or direction given by the Chief Counting Officer.

(8) A person to whom a direction is given under this paragraph must comply with it.

(9) This paragraph applies in addition to section 128 of the 2000 Act (Chief Counting Officers, and counting officers, for referendums).

(10) The number of ballot papers or votes purportedly certified under this paragraph or section 128 of the 2000 Act is not liable to be questioned by reason of a defect in the title, or a lack of title, of any person purporting to exercise functions in relation to the referendum, if the person was then in actual possession of, or acting in, the office giving the right to exercise the functions.

Appointment of deputies and clerks

6

(1) The Chief Counting Officer or a Regional Counting Officer or counting officer may appoint deputies to carry out any or all of the officer's functions.

(2) An appointment under sub-paragraph (1) must be in writing.

(3) A Regional Counting Officer may appoint however many clerks are necessary to assist in carrying out the officer's functions.

Counting officers etc: correction of procedural errors

7

(1) A Regional Counting Officer or counting officer may take whatever steps the officer thinks appropriate to remedy any act or omission on the part of the officer or a relevant person that—

(a) arises in connection with any function that the officer or relevant person has in relation to the referendum, and

(b) is not in accordance with the referendum rules or any other requirements applicable to the referendum.

(2) But a counting officer may not under this paragraph conduct a re-count of the votes once a direction has been given under rule 43(3)(b) of the referendum rules.

(3) The relevant persons are—

(a) a registration officer;

(b) a presiding officer appointed under rule 14 of the referendum rules;

(d) a deputy or assistant of—

(i) the Regional Counting Officer or the counting officer, or

(ii) a person mentioned in paragraph (a), (b) or (c).

(4) For the purposes of sub-paragraph (3)(d) a person (“A”) is an assistant of another person (“P”) if—

(a) A is appointed to assist P, or

(b) in the course of employment A is assisting P,

in connection with any function in relation to the referendum.

Public notices

8

A public notice required by this Part to be given by the Chief Counting Officer, a Regional Officer or a counting officer must be given—

(a) by posting the notice in some conspicuous place in the area or region for which the officer acts, or

(b) in whatever other manner the officer thinks desirable for publicising it.

Role of Electoral Commission

9

(1) The Electoral Commission must take whatever steps they think appropriate to promote public awareness about the referendum and how to vote in it.

(2) The Electoral Commission may take whatever steps they think appropriate to provide, for persons entitled to vote in the referendum, information about each of the two voting systems referred to in the referendum question.

(3) Following the referendum, the Electoral Commission must—

(a) publish the most accurate estimate that it is reasonably possible to make of the turnout in each of England, Wales, Scotland and Northern Ireland;

(b) include that information in any report they submit under section 6(1)(b) of the 2000 Act to do with the referendum.

(4) In sub-paragraph (3) “turnout” means the percentage of those entitled to vote in the referendum who did so.

A ballot paper recorded under head (b), (c) or (d) of rule 42(4) of the referendum rules is to be treated as a vote for this purpose.

Encouraging participation

10

(1) The Chief Counting Officer must take whatever steps the officer thinks appropriate to encourage participation in the referendum.

(2) An officer to whom sub-paragraph (3) applies must take whatever steps the officer thinks appropriate to encourage participation in the referendum in the area or region for which the officer acts.

(3) This sub-paragraph applies to—

(a) a Regional Counting Officer;

(b) a counting officer;

(4) The Chief Counting Officer must take whatever steps the officer thinks appropriate to facilitate co-operation between that officer and the officers to whom sub-paragraph (3) applies in taking any steps under sub-paragraph (1) or (2).

(5) In discharging the duty imposed by sub-paragraph (1) or (2) an officer must have regard to any guidance issued by the Electoral Commission.

(6) The Minister may reimburse any expenditure incurred by an officer for the purposes of sub-paragraph (1) or (2).

Referendum agents

11

A permitted participant may, for any voting area, appoint an individual (who may be the responsible person) to act as the permitted participant's agent (“referendum agent”).

12

(1) This paragraph applies if a permitted participant appoints a referendum agent for a voting area.

(2) The responsible person must give the counting officer for the area notification of the name and home or business address of—

(a) the permitted participant, and

(b) the referendum agent.

(3) The notification must be given before noon on the 16th day before the date of the poll, disregarding for this purpose—

(a) Saturdays and Sundays,

(b) Good Friday and any other day that is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom, and

(4) The notification must be in writing and signed by the responsible person.

(5) The duties imposed on a responsible person by this paragraph may be discharged by any person authorised in writing by the responsible person.

13

(1) This paragraph applies if a counting officer is notified under paragraph 12 that a permitted participant has appointed a referendum agent.

(2) The counting officer must as soon as practicable give public notice of—

(a) the name and address of the referendum agent, and

(b) the name of the permitted participant.

14

(1) This paragraph applies if—

(a) a permitted participant revokes the appointment of a referendum agent or a referendum agent dies, and

(b) the referendum agent has notified the counting officer of the appointment of a polling or counting agent under rule 18 of the referendum rules.

(2) The permitted participant must as soon as possible appoint another agent under paragraph 11.

(3) The notification under paragraph 12 must be made as soon as possible after the appointment of the new referendum agent (rather than before noon on the 16th day before the date of the poll).

Responsible persons

15

(1) A person who is the responsible person for a permitted participant may not give a notification under section 106(3) of the 2000 Act (notification given to become a permitted participant).

(2) An individual who is a permitted participant ceases to be a permitted participant if he or she is the treasurer of a registered party (other than a minor party) that becomes a permitted participant.

(3) A declaration made or notification given by a body does not comply with the requirement in subsection (2)(b) or (4)(b)(ii) of section 106 of the 2000 Act (to state the name of the person who will be responsible for compliance) if the person whose name is stated—

(a) is already the responsible person for a permitted participant,

(b) is an individual who gives a notification under subsection (3) of that section at the same time, or

(c) is the person whose name is stated, in purported compliance with the requirement in subsection (2)(b) or (4)(b)(ii) of that section, in a notification given at the same time by another body.

(4) Where a registered party (other than a minor party) makes a declaration under section 106 of the 2000 Act and the treasurer of the party (“T”) is already the responsible person for a permitted participant (“P”)—

(a) T ceases to be the responsible person for P at the end of the period of 14 days beginning with the day on which (by reason of the declaration) T becomes the responsible person for the party;

(b) P must, before the end of that period, give a notice of alteration under section 106(5) of the 2000 Act stating the name of the person who is to replace T as the responsible person for P.

(5) In sub-paragraphs (3) and (4) “the person”, in relation to a body other than a minor party, is to be read as “the person or officer”.

(6) In this paragraph “registered party” and “minor party” have the meaning given in section 160(1) of the 2000 Act.

Grants to designated organisations may be paid in instalments

16

(1) This paragraph applies to a grant under subsection (2) of section 110 of the 2000 Act (assistance available to designated organisations) made in respect of the referendum.

(2) The grant may be paid in whatever instalments the Electoral Commission consider appropriate.

(3) Instalments may be withheld if the Commission are satisfied that the designated organisation concerned has failed to comply with a condition imposed under section 110(3) of the 2000 Act.

(4) Section 110(2) of the 2000 Act, in so far as it requires the grant to be of the same amount in the case of each designated organisation, has effect in relation to the referendum subject to sub-paragraph (3).

Expenses incurred by persons acting in concert

17

(1) This paragraph applies where—

(a) referendum expenses are incurred by or on behalf of an individual or body during the referendum period for the referendum, and

(b) those expenses are incurred in pursuance of a plan or other arrangement by which referendum expenses are to be incurred by or on behalf of—

(i) that individual or body, and

(ii) one or more other individuals or bodies,

respectively with a view to, or otherwise in connection with, promoting or procuring a particular outcome in relation to the question asked in the referendum.

(2) The expenses mentioned in sub-paragraph (1)(a) are to be treated for the purposes of the provisions of the 2000 Act set out in sub-paragraph (3) as having also been incurred, during the referendum period, by or on behalf of the other individual or body (or, as the case may be, each of the other individuals or bodies) mentioned in sub-paragraph (1)(b)(ii).

(3) The provisions are—

(a) section 117;

(b) section 118 and Schedule 14;

(4) This paragraph applies whether or not any of the individuals or bodies in question is a permitted participant.

(5) But this paragraph does not treat any expenses incurred by or on behalf of a permitted participant that is designated in respect of the referendum by the Electoral Commission under section 108 of the 2000 Act (designation of organisations to whom assistance is available) as having been incurred by or on behalf of any other individual or body.

(6) Subsections (5) and (6) of section 117 of the 2000 Act (certain expenditure incurred before the referendum period treated as incurred during that period) apply for the purposes of this paragraph as they apply for the purposes of that section.

18

(1) The Town and Country Planning (Control of Advertisements) Regulations 1992 (S.I. 1992/666) apply in relation to the display on any site in Wales of an advertisement relating specifically to the referendum as they apply in relation to the display of an advertisement relating specifically to a pending parliamentary election.

(2) The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 (S.I. 1984/467) apply in relation to the display on any site in Scotland of an advertisement relating specifically to the referendum as they apply in relation to the display of an advertisement relating specifically to a pending parliamentary election.

(3) The Planning (Control of Advertisements) Regulations (Northern Ireland) 1992 (S.R. 1992/448) apply in relation to the display on any site in Northern Ireland of an advertisement relating specifically to the referendum as they apply in relation to the display of an advertisement relating specifically to a pending parliamentary election.

Non-domestic rating: premises used for referendum purposes

19

(1) Section 65(6) of the Local Government Finance Act 1988 (occupation for election meetings and polls) has effect as if—

(a) the reference to public meetings in furtherance of a person's candidature at an election included a reference to public meetings to promote or procure a particular outcome in relation to the question asked in the referendum, and

(b) the reference to use by a returning officer for the purpose of taking the poll in an election included a reference to use by a counting officer for the purposes of taking the poll in the referendum.

(2) Section 98 of the 1983 Act and rule 22(3) in Schedule 1 to that Act (which make equivalent provision, applying in Scotland and Northern Ireland) have effect as if—

(a) the reference in section 98 to public meetings in furtherance of a person's candidature at an election included a reference to public meetings to promote or procure a particular outcome in relation to the question asked in the referendum, and

(b) the reference in rule 22(3) to use for the purpose of taking the poll in an election included a reference to use by a counting officer for the purposes of taking the poll in the referendum.

Payments to counting officers and Regional Counting Officers

20

(1) Subject to sub-paragraphs (3) and (4), a counting officer or Regional Counting Officer is entitled to recover his or her charges in respect of services rendered, or expenses incurred, for or in connection with the referendum if—

(a) the services were necessarily rendered, or the expenses were necessarily incurred, for the efficient and effective conduct of the referendum, and

(b) the total of the officer's charges does not exceed the amount (“the overall maximum recoverable amount”) specified in, or determined in accordance with, an order made by the Minister, with the consent of the Treasury, for the purposes of this sub-paragraph.

(2) Sub-paragraph (3) applies to a service rendered by—

(a) the counting officer for a voting area in England, Wales or Scotland, or

(b) a Regional Counting Officer,

which in the opinion of the Electoral Commission was inadequately performed.

(3) In respect of a service to which this sub-paragraph applies, the officer is entitled under sub-paragraph (1) to no more than the amount (which may be nil) that seems reasonable in all the circumstances—

(a) to the Commission, or

(b) on a taxation under paragraph 21, to the county court or Auditor.

(4) An order under sub-paragraph (1) may specify, or make provision for determining in accordance with the order, a maximum recoverable amount for services or expenses of a specified description—

(a) for counting officers;

(b) for Regional Counting Officers.

Subject to sub-paragraph (5), an officer may not recover more than the specified amount in respect of such services or expenses.

(5) In a particular case the Electoral Commission may, with the consent of the Treasury, authorise the payment of—

(a) more than the overall maximum recoverable amount, or

(b) more than the specified maximum recoverable amount for any specified services or expenses,

if the Commission are satisfied that the conditions in sub-paragraph (6) are met.

(6) The conditions are—

(a) that it was reasonable for the officer concerned to render the services or incur the expenses, and

(b) that the charges in question are reasonable.

(7) The Chief Counting Officer is entitled to recover expenses incurred by that officer for or in connection with the referendum if—

(a) the expenses are of a kind that would otherwise have been incurred by counting officers or Regional Counting Officers, and

(b) the Chief Counting Officer considered that it would be more economical for the expenses to be incurred by that officer instead.

(8) The Electoral Commission must pay the amount of any charges recoverable in accordance with this paragraph on an account being submitted to them.

(9) Where the superannuation contributions required to be paid by a local authority in respect of a person are increased by a fee paid under this paragraph as part of the charges of a counting officer or Regional Counting Officer at the referendum, then on an account being submitted to them the Electoral Commission must pay to the authority a sum equal to the increase.

(10) At the request of a counting officer or Regional Counting Officer or the Chief Counting Officer, the Electoral Commission may make an advance on account of the officer's charges on such terms as they think fit.

(11) The Electoral Commission may by regulations make provision as to the time when and the manner and form in which accounts are to be rendered to the Commission for the purposes of the payment of the charges of a counting officer or Regional Counting Officer or the Chief Counting Officer.

(12) An order or regulations under this paragraph may make different provision for different cases.

(13) Any sums required by the Electoral Commission for making payments under this paragraph are to be charged on and paid out of the Consolidated Fund.

Taxation of counting officer’s or Regional Counting Officer’s account

21

(1) An application for the account of a counting officer or Regional Counting Officer to be taxed must be made—

(a) except where paragraph (b) applies, to a county court;

(b) where the officer is one who was appointed for an area in Scotland, or for the region of Scotland, to the Auditor of the Court of Session.

A reference in this paragraph to “the court” includes a reference to that Auditor.

(2) On any such application the court has jurisdiction to tax the account in whatever manner and at whatever time and place the court thinks fit, and finally to determine the amount payable to the officer.

(3) Where an application is made for the account of a counting officer or Regional Counting Officer to be taxed, the officer may apply to the court for it to examine any claim made by any person (“the claimant”) against the officer in respect of matters charged in the account.

(4) On an application under sub-paragraph (3), after the claimant has been given notice and an opportunity to be heard and to tender any evidence, the court may allow, disallow or reduce the claim, with or without costs.

(5) An application under sub-paragraph (1) for taxation of the account of the Chief Electoral Officer for Northern Ireland must be made to the county court that has jurisdiction at the place where the officer certified the number of ballot papers counted and votes cast.

Electoral Commission accounts

22

(1) If directed to do so by the Treasury, the Electoral Commission must prepare accounts in respect of their expenditure in relation to the referendum.

(2) Accounts under this paragraph must be prepared in accordance with directions given to the Commission by the Treasury.

(3) Directions under sub-paragraph (2) may include, in particular, directions as to—

(a) the information to be contained in the accounts and the manner in which it is to be presented,

(b) the methods and principles in accordance with which the accounts are to be prepared, and

(4) Accounts under this paragraph must be submitted by the Commission to—

(a) the Comptroller and Auditor General, and

(b) the Speaker's Committee,

as soon may be practicable after the giving of the direction under sub-paragraph (1).

Restriction on challenge to referendum result

23

(1) No court may entertain any proceedings for questioning the number of ballot papers counted or votes cast in the referendum as certified by the Chief Counting Officer or a Regional Counting Officer or counting officer unless—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the permitted period.

(2) In sub-paragraph (1) “the permitted period” means the period of 6 weeks beginning with—

(a) the day on which the officer in question gives a certificate as to the number of ballot papers counted and votes cast in the referendum, or

(b) if the officer gives more than one such certificate, the day on which the last is given.

(3) In the application of this paragraph to Scotland, sub-paragraph (1) has effect—

(a) with the substitution in paragraph (a) of “a petition” for “ a claim ”;

(b) with the substitution in paragraph (b) of “the petition is lodged” for “ the claim form is filed ”.

(4) In the application of this paragraph to Northern Ireland, sub-paragraph (1) has effect—

(a) with the substitution in paragraph (a) of “an application” for “ a claim ”;

(b) with the substitution in paragraph (b) of “the application for leave to apply for judicial review is lodged” for “ the claim form is filed ”.

SCHEDULE 2

PART 1 — Referendum rules

Time

Timetable

1

The proceedings at the referendum are to be conducted in accordance with the following table.

Computation of time

2

(1) In calculating any period of time (other than a year) for the purposes of these rules the following are to be disregarded—

(a) Saturdays and Sundays,

(b) Good Friday and any other day that is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom, and

(2) In relation to proceedings adjourned by a presiding officer under rule 37 (riot or open violence), the reference in paragraph (1)(b) to a day that is a bank holiday in any part of the United Kingdom is to be read as a reference to a day that is a bank holiday in the part of the United Kingdom where the proceedings are adjourned.

General provisions

Notice of referendum

3

Each counting officer must give public notice of the referendum stating—

(a) the date of the poll;

(b) the date by which—

(i) applications to vote by post or by proxy, and

(ii) other applications and notices about postal or proxy voting,

must reach the registration officer in order that they may be effective for the referendum.

Poll to be taken by ballot

4

The votes at the poll are to be given by ballot.

The ballot paper

5

(1) The ballot of every voter is to consist of a ballot paper, which is to be printed in the form set out in Form 1 in Part 2 of this Schedule and according to the directions specified in that Part.

(2) Each ballot paper—

(a) must set out the question as specified in section 1;

(b) must be capable of being folded up;

Corresponding number list

6

(1) The counting officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be—

(a) issued by the officer in pursuance of rule 12(1), or

(b) provided by the officer in pursuance of rule 17(1).

(2) The list must be in the form set out in Form 2 in Part 2 of this Schedule.

The official mark

7

(1) Every ballot paper must contain an appropriate security marking (the official mark).

(2) The official mark must be kept secret.

(3) The counting officer may use a different official mark for different purposes.

Prohibition of disclosure of vote

8

A person who has voted in the referendum may not be required, in any legal proceeding to question the referendum, to state for which answer he or she voted.

Use of schools and public rooms

9

(1) The counting officer may use, free of charge, for the purpose of taking the poll—

(a) a room in a school within paragraph (3);

(b) a room the expense of maintaining which is met by any local authority (in England and Wales or Scotland) or is payable out of any rate (in Northern Ireland).

(2) The counting officer must—

(a) make good any damage done to any such room, and

(b) defray any expense incurred by the persons having control over any such room,

by reason of its being used for that purpose.

(3) The schools within this paragraph are—

(a) in England and Wales—

(i) a school maintained or assisted by a local authority;

(ii) a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school;

(b) in Scotland, a school that is not an independent school within the meaning of the Education (Scotland) Act 1980;

(c) in Northern Ireland, a school in receipt of a grant out of moneys appropriated by Measure of the Northern Ireland Assembly, other than a school that—

(i) adjoins or is adjacent to a church or other place of worship, or

(ii) is connected with a nunnery or other religious establishment.

Modification of forms

10

(1) The Chief Counting Officer may, for the purpose of making a relevant form easier for voters to understand or use, specify modifications that are to be made to the wording or appearance of the form.

(2) In paragraph (1) “relevant form” means any of the following—

(a) Forms 3 to 10, 12 and 14 in Part 2 of this Schedule;

(b) the form of the notice set out in rule 17(7).

(3) In this Part of this Act a reference to a form is to be read as a reference to that form with any modifications specified under paragraph (1).

(4) Where a form is modified by virtue of paragraph (1), section 26(2) of the Welsh Language Act 1993 applies as if the modified form were specified by this Act.

Action to be taken before the poll

Notice of poll

11

(1) The counting officer must give public notice of the poll stating—

(a) the day and hours fixed for the poll;

(b) the question that is to appear on the ballot paper.

(2) The notice of the poll must be published not later than the 15th day before the day of the referendum.

(3) No later than the time of the publication of the notice of the poll, the counting officer must also give public notice of—

(a) the situation of each polling station;

(b) the description of voters entitled to vote there.

(4) As soon as practicable after giving the notice under paragraph (3), the counting officer must give a copy of it to each of the referendum agents appointed for the officer's area.

Postal ballot papers

12

(1) The counting officer must, in accordance with the relevant postal voting provisions, issue to those entitled to vote by post—

(a) a ballot paper,

(b) in the case of those entitled to vote in England and Wales or Scotland, a postal voting statement in the form set out in Form 3 in Part 2 of this Schedule, and

(c) in the case of those entitled to vote in Northern Ireland, a declaration of identity in the form set out in Form 4 in Part 2 of this Schedule,

together with envelopes for their return complying with the requirements prescribed by the relevant postal voting provisions.

(2) The counting officer must also issue to those entitled to vote by post whatever information the officer thinks appropriate about how to obtain—

(a) translations into languages other than English of any directions to, or guidance for, voters sent with the ballot paper;

(b) a translation into Braille of those directions or guidance;

(d) those directions or guidance in any other form (including any audible form).

(3) In the case of a ballot paper issued to a person resident in the United Kingdom, the counting officer must ensure that the return of the ballot paper and postal voting statement or declaration of identity is free of charge to the voter.

Provision of polling stations

13

(1) The counting officer must provide a sufficient number of polling stations and, subject to the following provisions of this rule, must allot the electors to the polling stations in whatever manner the officer thinks most convenient.

(2) One or more polling stations may be provided in the same room.

(3) In England, the polling station allotted to electors from any parliamentary polling district wholly or partly within a particular voting area must, in the absence of special circumstances, be in the parliamentary polling place for that district unless the parliamentary polling place is outside the voting area.

(4) In Wales, Scotland or Northern Ireland, the polling station allotted to electors from any polling district must be in the polling place for that district.

(5) The polling districts and polling places that apply for the purposes of paragraph (4) are—

(a) in Wales, those that would apply by virtue of provision made under section 13(1)(a) of the Government of Wales 2006 in respect of an election for membership of the National Assembly for Wales held on the day of the referendum;

(b) in Scotland, those that would apply by virtue of provision made under section 12(1)(a) of the Scotland Act 1998 in respect of an election for membership of the Scottish Parliament held on the day of the referendum;

(c) in Northern Ireland, those for the time being established under the law relating to local elections within the meaning of section 130 of the Electoral Law Act (Northern Ireland) 1962.

(6) The number of ballot papers counted or votes cast as certified by the Chief Counting Officer or a Regional Counting Officer or counting officer may not be questioned by reason of—

(a) any non-compliance with paragraph (3) or (4), or

(b) any informality relative to polling districts or polling places.

(7) The counting officer must provide each polling station with however many compartments are necessary in which the voters can mark their votes screened from observation.

Appointment of presiding officers and clerks

14

(1) The counting officer must appoint and pay—

(a) a presiding officer to attend at each polling station;

(b) however many clerks are necessary for the purposes of the referendum.

But the officer may not employ a person who has been employed by or on behalf of a permitted participant in or about the referendum.

(2) The counting officer may, if the officer thinks fit, preside at a polling station.

(3) A presiding officer may do, by the clerks appointed to assist the officer, any act (including the asking of questions) which the officer is required or authorised by these rules to do at a polling station except order the arrest, exclusion or removal of a person from the polling station.

Issue of official poll cards

15

(1) The counting officer must, as soon as practicable after the publication of notice of the referendum, send to electors and their proxies an official poll card.

(2) An official poll card must not be sent to a person—

(a) as an elector, if the person is entitled to a postal vote in Northern Ireland;

(b) as a proxy, if the person is entitled to a proxy postal vote in Northern Ireland.

(3) An official poll card must not be sent to a person registered, or to be registered, in pursuance of—

(a) an overseas elector's declaration, within the meaning of section 2 of the Representation of the People Act 1985 (registration of British citizens overseas), or

(b) a declaration made by virtue of subsection (5) of section 3 of that Act (extension of franchise for European Parliamentary Elections).

(4) An elector's official poll card must be sent or delivered to his or her qualifying address, and a proxy's to his or her address as shown in the list of proxies.

(5) In the case of an elector who is entitled to vote in the referendum in England and Wales or Scotland—

(a) an official poll card sent to the elector must be in the form set out in Form 5 in Part 2 of this Schedule;

(b) an official postal poll card sent to the elector must be in the form set out in Form 6 in Part 2 of this Schedule;

(c) an official poll card sent to the proxy of the elector must be in the form set out in Form 7 in Part 2 of this Schedule;

(d) an official postal poll card sent to the proxy of the elector must be in the form set out in Form 8 in Part 2 of this Schedule.

(6) In the case of an elector who is entitled to vote in the referendum in Northern Ireland—

(a) an official poll card sent to the elector must be in the form set out in Form 9 in Part 2 of this Schedule;

(b) an official poll card sent to the proxy of the elector must be in the form set out in Form 10 in Part 2 of this Schedule.

(7) An official poll card or official postal poll card may set out whatever information, in addition to that required by virtue of paragraph (5) or (6), the counting officer thinks appropriate.

(8) Different information may be provided in pursuance of paragraph (7) to different electors or descriptions of elector.

(9) In this rule—

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