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
articles Not indexed
Reform history JSON API
  • (4) The Chief Electoral Officer may give a person permission under sub-paragraph (3) only if—
  • (a) the officer is satisfied that the person's attendance will not impede the efficient conduct of the proceedings, and
  • (b) the officer has consulted the referendum agents and election agents or thought it impracticable to do so.
  • (5) The Chief Electoral Officer must give the counting agents—
  • (a) whatever reasonable facilities for overseeing the proceedings (including, in particular, facilities for satisfying themselves that the ballot papers are correctly sorted), and
  • (b) whatever information with respect to the proceedings,

the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer's duties.

Counting and separation of ballot papers

33
  • (1) As soon as practicable after the close of the poll the Chief Electoral Officer must—
  • (a) in the presence of the counting agents, open the ballot boxes and count and record separately the number of ballot papers relating to the referendum and each relevant election;
  • (b) count the postal ballot papers that have been duly returned for the referendum and each relevant election and record separately the number relating to each;
  • (c) separate the ballot papers relating to the referendum and those relating to each relevant election.
  • (2) A postal ballot paper is not to be taken to be duly returned unless—
  • (a) it is returned in the proper envelope so as to reach the Chief Electoral Officer before the close of the poll and is accompanied by the declaration of identity duly signed and authenticated, and
  • (b) in the case of an elector, the declaration of identity states the elector's date of birth and the Chief Electoral Officer is satisfied that the date stated corresponds with the date supplied as the elector's date of birth in pursuance of section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the 1983 Act.
  • (3) Unless section 10(4B), 10A(1B) or 13A(2B) of the 1983 Act applies, the declaration of identity referred to in sub-paragraph (2) is not to be taken to be duly signed unless the Chief Electoral Officer is satisfied that the signature on the declaration corresponds with the signature supplied as the elector's signature in pursuance of section 10(4A)(a), 10A(1A)(a) or 13A(2A)(a) of that Act.
  • (4) The Chief Electoral Officer must not count any tendered ballot papers.
  • (5) The Chief Electoral Officer, while counting and recording the number of ballot papers, must—
  • (a) keep the ballot papers with their faces upwards, and
  • (b) take all proper precautions for preventing anyone from seeing the numbers or other unique identifying marks printed on the back of the papers.
  • (6) The Chief Electoral Officer must, in the presence of the referendum agents and the election agents for the relevant elections—
  • (a) verify each ballot paper account by comparing it with the number of ballot papers recorded by the officer, and the unused and spoilt ballot papers in the officer's possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list);
  • (b) draw up a separate statement as to the result of the verification in relation to each poll.
  • (7) An election agent for a relevant election may copy the statement relating to that relevant election.
  • (8) A counting agent for the referendum present at the verification may copy the statement relating to the referendum.
  • (9) Once the statement relating to the referendum is drawn up, the Chief Electoral Officer must inform the Chief Counting Officer of the contents of the statement.
  • (10) If the Chief Electoral Officer has not begun to count the votes given on the ballot papers for a particular poll by the time the statements under sub-paragraph (6)(b) in relation to all the polls are prepared—
  • (a) the ballot papers for that poll must be sealed into packets, each of which must be endorsed with a description of its contents, and
  • (b) the packets may not be opened until the Chief Electoral Officer begins dealing with the ballot papers in those packets under paragraph 34(1).

Counting of votes

34
  • (1) The Chief Electoral Officer must count the votes given on the ballot papers, separately in respect of the referendum and each relevant election, but must not do so until—
  • (a) in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box;
  • (b) in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.
  • (2) The Chief Electoral Officer, while counting the votes, must—
  • (a) keep the ballot papers with their faces upwards, and
  • (b) take all proper precautions for preventing anyone from seeing the numbers or other unique identifying marks printed on the back of the papers.
  • (3) The Chief Electoral Officer must so far as practicable proceed continuously with the counting of votes, allowing only time for refreshment, except that—
  • (a) the officer may exclude the whole or any part of the period between 11 pm and 9 am on the next day;
  • (b) the officer may exclude a day mentioned in rule 2(1) of the referendum rules.
  • (4) During the time so excluded the Chief Electoral Officer must—
  • (a) place the ballot papers and other documents relating to the referendum or election under the officer's own seal and the seals of any of the counting agents who want to affix their seals, and
  • (b) otherwise take proper precautions for the security of the papers and documents.

Application

35

Paragraphs 32 to 34 apply instead of—

  • (a) rules 39 and 40 of the referendum rules;
  • (b) rules 44 and 44B of the Assembly Elections Rules;
  • (c) rules 43(1), 44 and 45 of the Local Elections Rules.

Ballot papers placed in wrong ballot box

36

Where separate ballot boxes are used for the referendum and a relevant election, the placing of a ballot paper in the wrong ballot box does not render it void.

Declaration of result

Declaration

37

The result of the referendum or a relevant election may not be declared until the statement as to the result of the verification of the ballot paper accounts in relation to each poll has been prepared.

Disposal of documents etc

Retention of certain documents by Chief Electoral Officer

38
  • (1) Where—
  • (a) a combined list is prepared as mentioned in paragraph 7(2), 8(2), 16(1) or 22(1),
  • (b) the same copy of the register of electors is used as mentioned in paragraph 21(1),
  • (c) a single list is used as mentioned in paragraph 24(1), 26(1), 27(1) or 28(1), or
  • (d) a declaration made by the companion of a voter with disabilities (within the meaning of paragraph 25) relates to the referendum or Assembly election as well as a local election,

rules 50(1)(b) and 52 of the referendum rules apply to those documents (and rule 58(1) of the Local Elections Rules has effect as if any reference to those documents were omitted).

  • (2) Where a combined list is prepared as mentioned in paragraph 7(2), 8(2) or 16(1), rule 59 of the Local Elections Rules, so far as it relates to corresponding number lists, has effect as if references to the proper officer of the council were to the Chief Electoral Officer.
  • (3) Rule 56(8) of the Assembly Elections Rules and rule 59(7) of the Local Elections Rules each have effect as if for “by this rule provided” there were substituted “ provided by this rule (or a court order) ”.
39

Schedule 3 to the Local Elections (Northern Ireland) Order 2010 has effect—

  • (a) as if, in the definition of “the marked register or lists” in paragraph 1(1), the reference to documents retained under rule 60 of the Local Elections Rules included a reference to documents retained under rule 50(1)(b) of the referendum rules as applied by paragraph 38 above;
  • (b) as if references to the proper officer included references to the Chief Electoral Officer.

Countermand or abandonment of poll

40
  • (1) Where—
  • (a) under rule 60 or 63 of the Assembly Elections Rules notice of the poll at an Assembly election is countermanded or it is directed that the poll be abandoned, or
  • (b) under rule 61 or 63 of the Local Elections Rules notice of the poll at a local election is countermanded or it is directed that the poll be abandoned,

the countermand or direction does not affect the poll for the other election or the poll for the referendum.

  • (2) If the poll for a relevant election is abandoned because of a candidate's death—
  • (a) no further ballot papers at that election must be delivered in any polling station;
  • (b) at the close of the other polls the presiding officer must comply with the requirements of rule 43 of the Assembly Elections Rules (where the abandoned poll was the poll for the Assembly election) or rule 41 of the Local Elections Rules (where the abandoned poll was the poll for the local election) as if the poll for the relevant election had not been abandoned;
  • (c) the Chief Electoral Officer must dispose of the ballot papers used at the abandoned election and other documents in the officer's possession as the officer would have been required to do on the completion of the counting of the votes.
  • (3) In a case falling within sub-paragraph (2)—
  • (a) a ballot paper account for the abandoned election need not be prepared or verified;
  • (b) the Chief Electoral Officer, having separated the ballot papers relating to the referendum and each relevant election, must take no further step for the counting of the ballot papers used at the abandoned election or for the counting of the votes;
  • (c) the Chief Electoral Officer must seal up the ballot papers used at the abandoned election whether the votes on them have been counted or not;
  • (d) it is not necessary to seal up counted and rejected ballot papers used at the abandoned election in separate packets.
  • (4) This paragraph applies instead of—
  • (a) rule 65(1) to (6) of the Assembly Elections Rules;
  • (b) rule 64(1) to (6) of the Local Elections Rules.

PART 2 — Postal voting

Interpretation

41

In this Part—

  • “the 2008 Regulations” means—the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741) as applied for purposes of the referendum by Part 4 of Schedule 4, andthose regulations as applied for the purposes of Assembly elections by Article 3(2) of, and Schedule 2 to, the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599);
  • “the Local Elections Order” means the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454).

Attendance at proceedings on issue and receipt of postal ballot papers

42
  • (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) The following provisions have effect as if the persons listed in them included persons who would be entitled to be present at the proceedings on the issue or receipt of postal ballot papers in respect of the referendum or a relevant election if those proceedings were taken on their own.
  • (3) The provisions are—
  • (a) regulation 72 of the 2008 Regulations;
  • (b) paragraph 3(1) of Part 3 of Schedule 2 to the Local Elections Order.

Procedure on issue of postal ballot papers

43
  • (1) This paragraph applies where—
  • (a) 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, and
  • (b) a combined postal voters list or proxy postal voters list is produced by virtue of paragraph 23.
  • (2) In a case where a postal ballot paper is issued at the same time in respect of the referendum and the relevant elections, a single mark must be placed in the list under the following provisions—
  • (a) regulation 76(2) of the 2008 Regulations;
  • (b) paragraph 6(1) of Part 3 of Schedule 2 to the Local Elections Order.
  • (3) In any other case, a mark must be placed in the list under those provisions identifying the poll to which each postal ballot paper issued relates.

Provisions requiring declaration of identity to indicate colours of ballot papers

44
  • (1) The provisions listed in sub-paragraph (3) do not apply 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) Otherwise, the provisions listed in sub-paragraph (3) have effect as if the words before “the colour” were omitted.
  • (3) The provisions are—
  • (a) regulation 76(4) of the 2008 Regulations;
  • (b) paragraph 6(3) of Part 3 of Schedule 2 to the Local Elections Order.

Envelopes

45
  • (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) The same covering envelope and ballot paper envelope must be issued to a voter under the following provisions in respect of the referendum and the relevant elections.
  • (3) The provisions are—
  • (a) regulation 78 of the 2008 Regulations;
  • (b) paragraph 8 of Part 3 of Schedule 2 to the Local Elections Order.
  • (4) The number of each of the postal ballot papers issued must be marked on the ballot paper envelope unless the envelope has a window through which all of the ballot paper numbers are displayed.
  • (5) The following provisions do not apply—
  • (a) regulation 78(4) of the 2008 Regulations;
  • (b) paragraph 8(2) of Part 3 of Schedule 2 to the Local Elections Order.

Spoilt postal ballot papers

46
  • (1) This paragraph applies where—
  • (a) 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,
  • (b) a person returns a spoilt postal ballot paper under regulation 81(1) of the 2008 Regulations or paragraph 12(1) of Part 3 of Schedule 2 to the Local Elections Order, and
  • (c) a postal ballot paper has been issued to the person in respect of one or more of the other polls.
  • (2) The spoilt postal ballot paper may not be replaced unless all the postal ballot papers issued to the person are returned.
  • (3) Where an unspoilt postal ballot paper is returned as mentioned in sub-paragraph (2), the 2008 Regulations or Local Elections Order apply to it as if it were a spoilt ballot paper.

Opening of postal voters’ ballot box

47

The following provisions have effect as if for the words after “opened” there were substituted “ at the counting of the ballot papers ”

  • (a) regulation 85(3) of the 2008 Regulations;
  • (b) paragraph 16(3) of Part 3 of Schedule 2 to the Local Elections Order.

Opening of ballot paper envelopes

48
  • (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) The following provisions have effect as if after “number” there were inserted “ (or one of the numbers) ”
  • (a) regulation 88(2)(a) of the 2008 Regulations;
  • (b) paragraph 17B(2)(a) of Part 3 of Schedule 2 to the Local Elections Order.
  • (3) The following provisions have effect as if at the end there were inserted “ or, where more than one number appears on the ballot paper envelope, a sufficient number of ballot papers (marking the envelope to indicate the missing ballot paper) ”
  • (a) regulation 88(2)(c) of the 2008 Regulations;
  • (b) paragraph 17B(2)(c) of Part 3 of Schedule 2 to the Local Elections Order.

Countermand or abandonment of poll for relevant election

49

The following provisions do not apply 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—

  • (a) regulation 90 of the 2008 Regulations;
  • (b) paragraph 18 of Part 3 of Schedule 2 to the Local Elections Order.

Retention of documents

50
  • (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) The Chief Electoral Officer must—
  • (a) endorse on each of the specified packets a description of its contents, the date of the poll and the name of the area to which the packet relates;
  • (b) complete a statement as to postal ballot papers in relation to each poll;
  • (c) retain the packets and statements.
  • (3) The specified packets—
  • (a) in relation to the referendum and the Assembly election, are the packets made up under regulations 79, 81(5) and 89 of the 2008 Regulations;
  • (b) in relation to a local election, are—
  • (i) the packets, made up under paragraph 11 of Part 3 of Schedule 2 to the Local Elections Order, of any combined lists produced by virtue of paragraph 7 or 23 above;
  • (ii) the packets made up under paragraphs 12 and 17C of that Part.
  • (4) A statement as to postal ballot papers—
  • (a) in the case of the referendum and the Assembly election, must be in the form set out in Form N in Schedule 3 to the 2008 Regulations;
  • (b) in the case of a local election, must be in the form set out in Form 2 in Part 3 of Schedule 2 to the Local Elections Order.
  • (5) Where—
  • (a) any covering envelopes are received by the Chief Electoral Officer after the close of the poll,
  • (b) any envelopes addressed to postal voters are returned as undelivered too late, or
  • (c) any spoilt postal ballot papers for the referendum or Assembly election are returned too late to enable other postal ballot papers to be issued,

the Chief Electoral Officer must seal those envelopes or postal ballot papers up in a separate packet, endorse the packet as mentioned in sub-paragraph (2)(a) and retain the packet.

  • (6) A copy of the completed statements as to postal ballot papers for the referendum and for the Assembly election must be provided to the Electoral Commission.
  • (7) The following rules apply to any packet or document retained under this paragraph—
  • (a) rules 51 and 52 of the referendum rules;
  • (b) rule 56 of the Assembly Elections Rules;
  • (c) rule 59 of the Local Elections Rules.
  • (8) In its application by virtue of sub-paragraph (7)(c), rule 59 of the Local Elections Rules has effect as if references to the proper officer of the council were to the Chief Electoral Officer.
  • (9) This paragraph applies instead of regulation 91 of the 2008 Regulations.
  • (10) Paragraph 19 of Part 3 of Schedule 2 to the Local Elections Order has effect as if—
  • (a) in sub-paragraph (1), the reference to packets did not include the packets mentioned in sub-paragraph (3)(b) above;
  • (b) in sub-paragraph (2), the references to envelopes were omitted.
  • (11) Regulation 115(1) of the 2008 Regulations has effect in relation to an Assembly election as if the reference to documents retained under rule 57(1A) of the elections rules included a reference to documents retained under this paragraph that relate to the Assembly election.
  • (12) Schedule 3 to the Local Elections (Northern Ireland) Order 2010 has effect—
  • (a) as if, in the definition of “the marked register or lists” in paragraph 1(1), the reference to documents retained under rule 60 of the Local Elections Rules included a reference to documents retained under this paragraph that relate to the local election;
  • (b) as if references to the proper officer included references to the Chief Electoral Officer.

PART 3 — Forms referred to in Part 1

Note - The forms contained in this Part may be adapted so far as circumstances require.

SCHEDULE 9

The Schedule referred to in section 6(1) is as follows—

SCHEDULE 10

PART 1 — Amendments of the parliamentary elections rules

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

PART 2 — Amendments of other provisions of the 1983 Act

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

PART 3 — Amendments of other enactments

Parliamentary Constituencies Act 1986

23

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

Political Parties, Elections and Referendums Act 2000

24

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

SCHEDULE 11

The Schedule referred to in section 12(2) is as follows—

SCHEDULE 12

PART 1 — Voting system for parliamentary elections

PART 2 — Parliamentary constituencies

The referendum

Referendum on the alternative vote system

Interpretation

Result of the referendum

Boundary Commissions: reports etc

Number and distribution of seats

Boundary Commission proposals: publicity and consultation

Orders

Referendum period

Counting officers

Regional Counting Officers

Assistance to counting officers etc

General duties of counting officers etc

Appointment of deputies and clerks

Counting officers etc: correction of procedural errors

Public notices

Role of Electoral Commission

Encouraging participation

Referendum agents

Responsible persons

Grants to designated organisations may be paid in instalments

Expenses incurred by persons acting in concert

Advertisements

Non-domestic rating: premises used for referendum purposes

Payments to counting officers and Regional Counting Officers

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

Electoral Commission accounts

Restriction on challenge to referendum result

Time

Timetable

Computation of time

General provisions

Notice of referendum

Poll to be taken by ballot

The ballot paper

Corresponding number list

The official mark

Prohibition of disclosure of vote

Use of schools and public rooms

Modification of forms

Action to be taken before the poll

Notice of poll

Postal ballot papers

Provision of polling stations

Appointment of presiding officers and clerks

Issue of official poll cards

Notification that certain electors entitled to absent vote

Equipment of polling stations

Appointment of polling and counting agents

Notification of requirement of secrecy

Return of postal ballot papers

The poll

Admission to polling station

Keeping of order in polling station

Sealing of ballot boxes

Questions to be put to voters

Challenge of voter

Voting procedure

Votes marked by presiding officer

Voting by people with disabilities

Tendered ballot papers

Refusal to deliver ballot paper

Spoilt ballot papers

Correction of errors on day of poll

Adjournment of poll in case of riot

Procedure on close of poll

Counting of votes

Attendance at the count

The count

Re-count

Rejected ballot papers

Direction to conduct re-count

Decisions on ballot papers

Final proceedings

Declaration by counting officers

Declaration by Regional Counting Officers

Declaration of referendum result by Chief Counting Officer

Disposal of documents

Sealing up of ballot papers

Delivery or retention of documents

Orders for production of documents

Retention and public inspection of documents

Supplementary

Interpretation

Note - The forms contained in this Part may be adapted so far as circumstances require.

FORM 1 - FORM OF BALLOT PAPER

FORM 2 - FORM OF CORRESPONDING NUMBER LIST (TO BE USED IF REFERENDUM TAKEN ALONE)

FORM 3 - FORM OF POSTAL VOTING STATEMENT

FORM 4 - DECLARATION OF IDENTITY (NORTHERN IRELAND)

FORM 5 - OFFICIAL POLL CARD (TO BE SENT TO AN ELECTOR NOT VOTING BY POST)

FORM 6 - OFFICIAL POSTAL POLL CARD (TO BE SENT TO AN ELECTOR VOTING BY POST)

FORM 7 - OFFICIAL PROXY POLL CARD (TO BE SENT TO AN APPOINTED PROXY VOTING IN PERSON)

FORM 8 - OFFICIAL PROXY POSTAL POLL CARD (TO BE SENT TO AN APPOINTED PROXY VOTING BY POST)

FORM 9 - OFFICIAL POLL CARD (TO BE SENT TO AN ELECTOR IN NORTHERN IRELAND NOT VOTING BY POST)

FORM 10 - OFFICIAL PROXY POLL CARD (TO BE SENT TO AN APPOINTED PROXY VOTING IN PERSON IN NORTHERN IRELAND)

FORM 11 - FORM OF CORRESPONDING NUMBER LIST (TO BE USED IN POLLING STATIONS IF REFERENDUM TAKEN ALONE)

FORM 12 - FORM OF DIRECTIONS FOR THE GUIDANCE OF THE VOTERS IN VOTING

FORM 13 - FORM OF CERTIFICATE OF EMPLOYMENT

FORM 14 - FORM OF DECLARATION TO BE MADE BY THE COMPANION OF A VOTER WITH DISABILITIES

Interpretation

Manner of voting in the referendum

Entitlement to vote by post or by proxy

Application to vote by post or by proxy in the referendum

Absent voters lists

Proxies

Voting as proxy

Use of personal identifier information

Offences

Interpretation

Manner of voting in the referendum

Entitlement to vote by post or by proxy

Application to vote by post or by proxy in the referendum

Absent voters lists

Proxies

Voting as proxy

Offences

For “subsection (4) above and rule 37E(1) in Schedule 1 to this Act” substitute “ rule 27 of the referendum rules ”.

In subsection (2), for “at a parliamentary or local government election” substitute “ in the referendum ”.

For subsections (1) to (4) substitute—

For subsections (3) and (4) substitute—

In subsection (1), for paragraphs (a) to (d) substitute—

In subsection (1), for paragraphs (a) to (d) substitute—

In subsection (1)(a), for “regulations under rule 57 of the parliamentary election rules” substitute “ regulations mentioned in rule 52(5)(a) of the referendum rules ”.

For “the election of any candidate at a parliamentary election or a local government election to which this section applies” substitute “ a particular result in the referendum ”.

For subsection (2) substitute—

In subsection (2), for “an election” substitute “ the referendum ”.

In subsection (2D), for paragraph (a) substitute—

In subsection (2D), for paragraph (a) substitute—

For subsections (5) and (6) substitute—

In the definition of “prescribed”, after “regulations” insert “ applied by Schedule 4 to the Parliamentary Voting System and Constituencies Act 2011 ”.

Political Parties, Elections and Referendums Act 2000

Electoral Administration Act 2006

General provisions

Interpretation

Functions to be performed by counting officer

Attendance and conduct of observers

Cost of combined polls

Application of other provisions about combination of polls

Forms

Action to be taken before poll

Corresponding number lists

Notice of poll

Notice of polling stations

Postal voting statements

Colour of ballot papers

Polling stations

Official poll cards

Ballot boxes

Form of corresponding number lists provided to polling stations

Ballot paper displayed in polling stations

Guidance to be exhibited inside and outside polling stations

Guidance to be exhibited in each polling station compartment

Notice of appointment of polling and counting agents

The poll

Admission to the polling station

Voting by persons on duty on day of poll

Questions put to voters: local referendums

Voting procedure: copies of registers and absent voters lists

List of votes marked by presiding officer

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

List of voters with disabilities assisted by companions

Tendered votes list

Lists relating to correction of errors on day of poll

Notice of adjournment in case of riot

Procedure on close of poll

Counting of votes

Attendance and arrangements for counting

Counting and separation of ballot papers by counting officer

Delivery of ballot papers etc to returning officers

Counting of votes

Ballot papers placed in wrong ballot box

Declaration of result

Declaration

Disposal of documents etc

Packets of documents

Delivery and retention of documents

Countermand or abandonment of poll on death of candidate

Provision of registers etc to counting officer

Registers

Absent voters lists

Personal identifier information

Note - The forms contained in this Part may be adapted so far as circumstances require.

FORM 1 - FORM OF CORRESPONDING NUMBER LIST (TO BE USED FOR COMBINED POLLS)

FORM 2 - FORM OF POSTAL VOTING STATEMENT (FOR USE WHERE PROCEEDINGS ON ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS COMBINED)

FORM 3 - FORM OF POSTAL VOTING STATEMENT (FOR USE WHERE PROCEEDINGS ON ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS NOT COMBINED)

FORM 4 - FORM OF CORRESPONDING NUMBER LIST (TO BE USED IN POLLING STATIONS FOR COMBINED POLLS)

FORM 5 - GUIDANCE FOR VOTERS TO BE EXHIBITED INSIDE AND OUTSIDE EVERY POLLING STATION

FORM 6 - GUIDANCE FOR VOTERS TO BE EXHIBITED IN EVERY POLLING STATION COMPARTMENT

FORM 7 - FORM OF CERTIFICATE OF EMPLOYMENT

FORM 8 - FORM OF DECLARATION TO BE MADE BY THE COMPANION OF A VOTER WITH DISABILITIES

General provisions

Interpretation

Cost of combined polls

Publication of statement of persons nominated

Forms

Action to be taken before poll

Corresponding number lists

Notice of polling stations

Postal voting

Polling stations

Appointment of presiding officers and clerks

Official poll cards

Equipment of polling stations

Colour of ballot papers

Form of corresponding number lists provided to polling stations

Ballot paper displayed in polling stations

Guidance to be exhibited inside and outside polling stations

Guidance to be exhibited in each polling station compartment

Notice of appointment of polling and counting agents

Notification of requirement of secrecy

Return of postal ballot papers

The poll

Admission to the polling station

Voting by persons on duty on day of poll

Removal from polling station

Voting procedure: copies of registers and lists of proxies

List of votes marked by presiding officer

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

List of voters with disabilities assisted by companions

Tendered votes list

Lists relating to correction of errors on day of poll

Notice of adjournment in case of riot

Procedure on close of poll

Counting of votes

Attendance and arrangements for counting

Counting and separation of ballot papers by counting officer

Delivery of ballot papers etc to returning officers

Counting of votes

Ballot papers placed in wrong ballot box

Declaration of result

Declaration

Disposal of documents etc

Packets of documents

Delivery and retention of documents

Countermand or abandonment of poll on death of candidate

Provision of registers etc to counting officer

Registers

Absent voters lists

Personal identifier information

Note - The forms contained in this Part may be adapted so far as circumstances require.

FORM 1 - FORM OF CORRESPONDING NUMBER LIST (TO BE USED FOR COMBINED POLLS)

FORM 2 - FORM OF POSTAL VOTING STATEMENT (TO BE USED WHERE PROCEEDINGS ON ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS COMBINED)

FORM 3 - FORM OF POSTAL VOTING STATEMENT (TO BE USED FOR REFERENDUM WHERE PROCEEDINGS ON ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS NOT COMBINED)

FORM 4 - FORM OF POSTAL VOTING STATEMENT (TO BE USED FOR NATIONAL ASSEMBLY FOR WALES ELECTION WHERE PROCEEDINGS ON ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS NOT COMBINED)

FORM 5 - FORM OF CORRESPONDING NUMBER LIST (TO BE USED IN POLLING STATIONS FOR COMBINED POLLS)

FORM 6 - GUIDANCE FOR VOTERS TO BE EXHIBITED INSIDE AND OUTSIDE EVERY POLLING STATION

FORM 7 - GUIDANCE FOR VOTERS TO BE EXHIBITED IN EVERY POLLING STATION COMPARTMENT

FORM 8 - FORM OF CERTIFICATE OF EMPLOYMENT

FORM 9 - FORM OF DECLARATION TO BE MADE BY THE COMPANION OF A VOTER WITH DISABILITIES

FORM 10 - STATEMENT AS TO POSTAL BALLOT PAPERS FOR THE REFERENDUM

General provisions

Interpretation

Cost of combined polls

Forms

Action to be taken before poll

Corresponding number lists

Notice of polling stations

Postal voting

Polling stations

Appointment of presiding officers and clerks

Official poll cards

Equipment of polling stations

Colour of ballot papers

Form of corresponding number lists provided to polling stations

Ballot paper displayed in polling stations

Guidance to be exhibited outside and inside polling stations

Guidance to be exhibited in each polling station compartment

Notice of appointment of polling and counting agents

Notification of requirement of secrecy

The poll

Admission to the polling station

Voting by persons on duty on day of poll

Removal from polling station

Voting procedure: copies of registers and lists of proxies

List of votes marked by presiding officer

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

List of voters with disabilities assisted by companions

Tendered votes list

Lists relating to correction of errors on day of poll

Notice of adjournment in case of riot

Procedure on close of poll

Counting of votes

Attendance and arrangements for counting

Counting and separation of ballot papers by counting officer

Delivery of ballot papers etc to returning officers

Counting of votes

Ballot papers placed in wrong ballot box

Declaration of result

Declaration

Disposal of documents etc

Packets of documents

Delivery and retention of documents

Countermand or abandonment of poll on death of candidate

Provision of registers etc to counting officer

Registers

Absent voters lists

Personal identifier information

Note - The forms contained in this Part may be adapted so far as circumstances require.

FORM 1 - FORM OF CORRESPONDING NUMBER LIST (TO BE USED FOR COMBINED POLLS)

FORM 2 - FORM OF POSTAL VOTING STATEMENT (TO BE USED WHERE PROCEEDINGS ON ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS COMBINED)

FORM 3 - FORM OF POSTAL VOTING STATEMENT (TO BE USED FOR REFERENDUM WHERE PROCEEDINGS ON ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS NOT COMBINED)

FORM 4 - FORM OF POSTAL VOTING STATEMENT (TO BE USED FOR SCOTTISH PARLIAMENTARY ELECTION WHERE PROCEEDINGS ON ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS NOT COMBINED)

FORM 5 - FORM OF CORRESPONDING NUMBER LIST (TO BE USED IN POLLING STATIONS FOR COMBINED POLLS)

FORM 6 - GUIDANCE FOR VOTERS TO BE EXHIBITED OUTSIDE AND INSIDE EVERY POLLING STATION

FORM 7 - GUIDANCE FOR VOTERS TO BE EXHIBITED IN EVERY POLLING STATION COMPARTMENT

FORM 8 - FORM OF CERTIFICATE OF EMPLOYMENT

FORM 9 - FORM OF DECLARATION TO BE MADE BY THE COMPANION OF A VOTER WITH DISABILITIES

FORM 10 - STATEMENT AS TO POSTAL BALLOT PAPERS FOR THE REFERENDUM

General provisions

Interpretation

Cost of combined polls

Publication of statement of persons nominated

Directions by Chief Counting Officer to Chief Electoral Officer

Forms

Action to be taken before poll

Corresponding number lists

Notice of polling stations

Declarations of identity

Colour of ballot papers

Polling stations

Official poll cards

Ballot boxes

Form of corresponding number lists provided to polling stations

Ballot paper displayed in polling stations

Guidance to be exhibited outside and inside polling stations

The poll

Admission to the polling station

Questions to be put to voters

Voting procedure: copies of registers and lists of proxies

List of votes marked by presiding officer

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

List of voters with disabilities assisted by companions

Tendered votes list

Lists relating to correction of errors on day of poll

Procedure on close of poll

Counting of votes

Attendance and arrangements for counting

Counting and separation of ballot papers

Counting of votes

Application

Ballot papers placed in wrong ballot box

Declaration of result

Declaration

Disposal of documents etc

Retention of certain documents by Chief Electoral Officer

Countermand or abandonment of poll

Interpretation

Attendance at proceedings on issue and receipt of postal ballot papers

Procedure on issue of postal ballot papers

Provisions requiring declaration of identity to indicate colours of ballot papers

Envelopes

Spoilt postal ballot papers

Opening of postal voters' ballot box

Opening of ballot paper envelopes

Countermand or abandonment of poll for relevant election

Retention of documents

Note - The forms contained in this Part may be adapted so far as circumstances require.

FORM 1 - FORM OF CORRESPONDING NUMBER LIST (TO BE USED FOR COMBINED POLLS)

FORM 2 - FORM OF DECLARATION OF IDENTITY (TO BE USED WHERE PROCEEDINGS ON ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS COMBINED)

FORM 3 - FORM OF DECLARATION OF IDENTITY (TO BE USED FOR REFERENDUM WHERE PROCEEDINGS ON ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS NOT COMBINED)

FORM 4 - FORM OF DECLARATION OF IDENTITY (TO BE USED FOR NORTHERN IRELAND ASSEMBLY ELECTION WHERE PROCEEDINGS ON ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS NOT COMBINED)

FORM 5 - FORM OF DECLARATION OF IDENTITY (TO BE USED FOR LOCAL ELECTION WHERE PROCEEDINGS ON ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS NOT COMBINED)

FORM 6 - FORM OF CORRESPONDING NUMBER LIST (TO BE USED IN POLLING STATIONS FOR COMBINED POLLS)

FORM 7 - GUIDANCE FOR VOTERS TO BE EXHIBITED OUTSIDE EVERY POLLING STATION AND IN EVERY COMPARTMENT INSIDE

FORM 8 - FORM OF DECLARATION TO BE MADE BY THE COMPANION OF A VOTER WITH DISABILITIES

The Schedule referred to in section 6(1) is as follows—

Parliamentary Constituencies Act 1986

Political Parties, Elections and Referendums Act 2000

The Schedule referred to in section 12(2) is as follows—

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

Editorial notes

[^key-914e289ea07bc5f045723cbc4510f101]: Sch. 10 repealed (8.7.2011) by Parliamentary Voting System and Constituencies Act 2011 (Repeal of Alternative Vote Provisions) Order 2011 (S.I. 2011/1702), arts. 1, 2(b)

[^key-f0564ff1c5ffcb354395b1ece44bb20e]: Sch. 12 Pt. 1 repealed (8.7.2011) by Parliamentary Voting System and Constituencies Act 2011 (Repeal of Alternative Vote Provisions) Order 2011 (S.I. 2011/1702), arts. 1, 2(c)

[^key-688adb72e2147fc9ddefc8ab5a698407]: S. 9 repealed (8.7.2011) by Parliamentary Voting System and Constituencies Act 2011 (Repeal of Alternative Vote Provisions) Order 2011 (S.I. 2011/1702), arts. 1, 2(a)

[^key-355b7ca4d0677ab92c94d2d8cfbaa8cc]: S. 14 omitted (retrospective to 31.5.2020) by virtue of Parliamentary Constituencies Act 2020 (c. 25), s. 11(1)(2) (with s. 13(2))

[^key-cc62d6cf4b3874e1ac6341321008bc0f]: S. 10(3) omitted (14.12.2020) by virtue of Parliamentary Constituencies Act 2020 (c. 25), s. 14(2), Sch. para. 9(a) (with s. 13(2))

[^key-8af9c3c5aee2a72b7293d3e097647a28]: S. 10(6) omitted (14.12.2020) by virtue of Parliamentary Constituencies Act 2020 (c. 25), s. 14(2), Sch. para. 9(a) (with s. 13(2))

[^key-3dbde94b0bf44052fa16f52692bfe01e]: S. 10(8) omitted (14.12.2020) by virtue of Parliamentary Constituencies Act 2020 (c. 25), s. 14(2), Sch. para. 9(a) (with s. 13(2))

[^key-bb1e0dd0904ac121e7a3fc71dc72bfac]: S. 10(11) omitted (14.12.2020) by virtue of Parliamentary Constituencies Act 2020 (c. 25), s. 14(2), Sch. para. 9(b) (with s. 13(2))

[^key-93f3e4e8ed531469daa9a6d4ac0d6e0b]: S. 11(2) omitted (14.12.2020) by virtue of Parliamentary Constituencies Act 2020 (c. 25), s. 14(2), Sch. para. 9(c) (with s. 13(2))

[^key-56aeb5961a2ee1c34b1e6e6cc1f0316f]: S. 13(3)-(8) omitted (14.12.2020) by virtue of Parliamentary Constituencies Act 2020 (c. 25), s. 14(2), Sch. para. 9(d) (with s. 13(2))

[^key-29e5afcb8bf690fb7ff6966b0e1cc2d7]: S. 13(1) omitted (24.8.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4), ss. 2(2)(a), 25(2)(a) (with s. 24(1))

[^key-df60665c136f27d7a1c31d6122f5a130]: S. 13(2)(a) omitted (24.8.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4), ss. 2(2)(b), 25(2)(a) (with s. 24(1))

Number and distribution of seats

National Assembly for Wales

Repeals

For “subsection (4) above and rule 37E(1) in Schedule 1 to this Act” substitute “ rule 27 of the referendum rules ”.

In subsection (2), for “at a parliamentary or local government election” substitute “ in the referendum ”.

For subsections (1) to (4) substitute—

For subsections (3) and (4) substitute—

For subsection (2) substitute—

In subsection (1)(a), for “regulations under rule 57 of the parliamentary election rules” substitute “ regulations mentioned in rule 52(5)(a) of the referendum rules ”.

For “the election of any candidate at a parliamentary election or a local government election to which this section applies” substitute “ a particular result in the referendum ”.

For subsection (1) substitute—

In subsection (2), for “an election” substitute “ the referendum ”.

For subsection (1) substitute—

For subsections (5) and (6) substitute—

In the definition of “prescribed”, after “regulations” insert “ applied by Schedule 4 to the Parliamentary Voting System and Constituencies Act 2011 ”.

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

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.