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Parliamentary Voting System and Constituencies Act 2011

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART 1 Voting system for parliamentary elections

    1. The referendum

      1. 1.Referendum on the alternative vote system

      2. 2.Entitlement to vote in the referendum

      3. 3.Conduct of the referendum

      4. 4.Combination of polls

      5. 5.Press comment etc not subject to spending controls

      6. 6.Control of loans etc to permitted participants

      7. 7.Interpretation

    2. Result of the referendum

      1. 8.Commencement or repeal of amending provisions

      2. 9.The alternative vote system: amendments

  3. PART 2 Parliamentary constituencies

    1. 10.Boundary Commissions: reports etc

    2. 11.Number and distribution of seats

    3. 12.Boundary Commission proposals: publicity and consultation

    4. 13.National Assembly for Wales

    5. 14.Review of reduction in number of constituencies

  4. PART 3 Miscellaneous and general

    1. 15.Orders

    2. 16.Repeals

    3. 17.Financial provisions

    4. 18.Extent

    5. 19.Commencement

    6. 20.Short title

  5. SCHEDULES

    1. SCHEDULE 1

      Further provisions about the referendum

      1. 1.Referendum period

      2. 2.Counting officers

      3. 3.Regional Counting Officers

      4. 4.Assistance to counting officers etc

      5. 5.General duties of counting officers etc

      6. 6.Appointment of deputies and clerks

      7. 7.Counting officers etc: correction of procedural errors

      8. 8.Public notices

      9. 9.Role of Electoral Commission

      10. 10.Encouraging participation

      11. 11.Referendum agents

      12. 12.(1) This paragraph applies if a permitted participant appoints a...

      13. 13.(1) This paragraph applies if a counting officer is notified...

      14. 14.(1) This paragraph applies if— (a) a permitted participant revokes...

      15. 15.Responsible persons

      16. 16.Grants to designated organisations may be paid in instalments

      17. 17.Expenses incurred by persons acting in concert

      18. 18.Advertisements

      19. 19.Non-domestic rating: premises used for referendum purposes

      20. 20.Payments to counting officers and Regional Counting Officers

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

      22. 22.Electoral Commission accounts

      23. 23.Restriction on challenge to referendum result

    2. SCHEDULE 2

      Rules for conduct of the referendum

      1. PART 1 Referendum rules

        1. Time

          1. 1.Timetable

          2. 2.Computation of time

        2. General provisions

          1. 3.Notice of referendum

          2. 4.Poll to be taken by ballot

          3. 5.The ballot paper

          4. 6.Corresponding number list

          5. 7.The official mark

          6. 8.Prohibition of disclosure of vote

          7. 9.Use of schools and public rooms

          8. 10.Modification of forms

        3. Action to be taken before the poll

          1. 11.Notice of poll

          2. 12.Postal ballot papers

          3. 13.Provision of polling stations

          4. 14.Appointment of presiding officers and clerks

          5. 15.Issue of official poll cards

          6. 16.Notification that certain electors entitled to absent vote

          7. 17.Equipment of polling stations

          8. 18.Appointment of polling and counting agents

          9. 19.Notification of requirement of secrecy

          10. 20.Return of postal ballot papers

        4. The poll

          1. 21.Admission to polling station

          2. 22.Keeping of order in polling station

          3. 23.Sealing of ballot boxes

          4. 24.Questions to be put to voters

          5. 25.Challenge of voter

          6. 26.Voting procedure

          7. 27.(1) In Northern Ireland a ballot paper must not be...

          8. 28.(1) This rule applies where there is a duty to...

          9. 29.(1) Immediately after receiving a ballot paper the voter must—...

          10. 30.Votes marked by presiding officer

          11. 31.Voting by people with disabilities

          12. 32.Tendered ballot papers

          13. 33.(1) Tendered ballot papers must be a different colour from...

          14. 34.Refusal to deliver ballot paper

          15. 35.Spoilt ballot papers

          16. 36.Correction of errors on day of poll

          17. 37.Adjournment of poll in case of riot

          18. 38.Procedure on close of poll

        5. Counting of votes

          1. 39.Attendance at the count

          2. 40.The count

          3. 41.Re-count

          4. 42.Rejected ballot papers

          5. 43.Direction to conduct re-count

          6. 44.Decisions on ballot papers

        6. Final proceedings

          1. 45.Declaration by counting officers

          2. 46.(1) This rule applies to— (a) the counting officer for...

          3. 47.Declaration by Regional Counting Officers

          4. 48.Declaration of referendum result by Chief Counting Officer

        7. Disposal of documents

          1. 49.Sealing up of ballot papers

          2. 50.Delivery or retention of documents

          3. 51.Orders for production of documents

          4. 52.Retention and public inspection of documents

        8. Supplementary

          1. 53.Interpretation

      2. PART 2 Forms referred to in referendum rules

    3. SCHEDULE 3

      Absent voting in the referendum

      1. PART 1 Great Britain

        1. 1.Interpretation

        2. 2.Manner of voting in the referendum

        3. 3.Entitlement to vote by post or by proxy

        4. 4.Application to vote by post or by proxy in the referendum

        5. 5.Absent voters lists

        6. 6.Proxies

        7. 7.(1) Subject to what follows, where a relevant proxy appointment...

        8. 8.Voting as proxy

        9. 9.Use of personal identifier information

        10. 10.Information contained in records kept by a registration officer in...

        11. 11.Offences

      2. PART 2 Northern Ireland

        1. 12.Interpretation

        2. 13.Manner of voting in the referendum

        3. 14.Entitlement to vote by post or by proxy

        4. 15.Application to vote by post or by proxy in the referendum

        5. 16.Absent voters lists

        6. 17.Proxies

        7. 18.(1) Subject to what follows, where a relevant proxy appointment...

        8. 19.Voting as proxy

        9. 20.Offences

      3. PART 3 Form of proxy paper

    4. SCHEDULE 4

      Application to the referendum of existing provisions

      1. PART 1 Representation of the People Act 1983

        1. 1.(1) The provisions of the 1983 Act listed in the...

        2. 2.(1) In relation to England and Wales or Scotland, section...

        3. 3.In sections 173 and 173A of the 1983 Act (which...

      2. PART 2 Other Acts

        1. 4.Political Parties, Elections and Referendums Act 2000

        2. 5.Section 9C of the 2000 Act (provision of information about...

        3. 6.Section 128 of the 2000 Act (counting officers etc for...

        4. 7.Electoral Administration Act 2006

      3. PART 3 The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)

        1. 8.(1) The provisions of the relevant regulations listed in the...

      4. PART 4 The 2008 Regulations (Northern Ireland)

        1. 9.(1) The provisions of the Representation of the People (Northern...

    5. SCHEDULE 5

      Combination of polls: England

      1. PART 1 Provision about combination

        1. General provisions

          1. 1.Interpretation

          2. 2.In this Schedule— “counting agent” means a counting agent for...

          3. 3.Functions to be performed by counting officer

          4. 4.Attendance and conduct of observers

          5. 5.Cost of combined polls

          6. 6.(1) In section 36 of the 1983 Act (local authority...

          7. 7.Application of other provisions about combination of polls

          8. 8.Forms

        2. Action to be taken before poll

          1. 9.Corresponding number lists

          2. 10.(1) This paragraph applies where proceedings on the issue and...

          3. 11.Notice of poll

          4. 12.Notice of polling stations

          5. 13.Postal voting statements

          6. 14.(1) This paragraph applies where proceedings on the issue and...

          7. 15.Colour of ballot papers

          8. 16.Polling stations

          9. 17.Official poll cards

          10. 18.Ballot boxes

          11. 19.Form of corresponding number lists provided to polling stations

          12. 20.Ballot paper displayed in polling stations

          13. 21.Guidance to be exhibited inside and outside polling stations

          14. 22.Guidance to be exhibited in each polling station compartment

          15. 23.Notice of appointment of polling and counting agents

        3. The poll

          1. 24.Admission to the polling station

          2. 25.Voting by persons on duty on day of poll

          3. 26.Questions put to voters: local referendums

          4. 27.Voting procedure: copies of registers and absent voters lists

          5. 28.(1) If the counting officer thinks fit, the counting officer...

          6. 29.(1) This paragraph applies where proceedings on the issue and...

          7. 30.List of votes marked by presiding officer

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

          9. 32.List of voters with disabilities assisted by companions

          10. 33.Tendered votes list

          11. 34.Lists relating to correction of errors on day of poll

          12. 35.Notice of adjournment in case of riot

          13. 36.Procedure on close of poll

          14. 37.(1) In the following provisions, references to a returning officer...

        4. Counting of votes

          1. 38.Attendance and arrangements for counting

          2. 39.Rule 39(1) of the referendum rules (arrangements for the counting...

          3. 40.(1) The returning officer for a relevant election must make...

          4. 41.Paragraphs 38 and 40 apply instead of—

          5. 42.Counting and separation of ballot papers by counting officer

          6. 43.Delivery of ballot papers etc to returning officers

          7. 44.Counting of votes

          8. 45.Ballot papers placed in wrong ballot box

        5. Declaration of result

          1. 46.Declaration

        6. Disposal of documents etc

          1. 47.Packets of documents

          2. 48.Delivery and retention of documents

          3. 49.Countermand or abandonment of poll on death of candidate

        7. Provision of registers etc to counting officer

          1. 50.Registers

          2. 51.Absent voters lists

          3. 52.Personal identifier information

      2. PART 2 Application of provisions about issue and receipt of postal ballot papers

        1. 53.(1) For the purposes of the combined polls, Part 5...

      3. PART 3 Forms referred to in Part 1

    6. SCHEDULE 6

      Combination of polls: Wales

      1. PART 1 Provision about combination

        1. General provisions

          1. 1.Interpretation

          2. 2.In this Schedule— “Assembly election” means— an Assembly constituency election,...

          3. 3.Cost of combined polls

          4. 4.(1) Articles 23 and 24 of the Welsh Assembly Order...

          5. 5.Publication of statement of persons nominated

          6. 6.Forms

        2. Action to be taken before poll

          1. 7.Corresponding number lists

          2. 8.(1) This paragraph applies where proceedings on the issue and...

          3. 9.Notice of polling stations

          4. 10.Postal voting

          5. 11.(1) This paragraph applies where proceedings on the issue and...

          6. 12.Polling stations

          7. 13.The referendum polling stations are to be used for the...

          8. 14.Appointment of presiding officers and clerks

          9. 15.Official poll cards

          10. 16.Equipment of polling stations

          11. 17.(1) If the counting officer thinks fit, the same ballot...

          12. 18.Colour of ballot papers

          13. 19.Form of corresponding number lists provided to polling stations

          14. 20.Ballot paper displayed in polling stations

          15. 21.Guidance to be exhibited inside and outside polling stations

          16. 22.Guidance to be exhibited in each polling station compartment

          17. 23.Notice of appointment of polling and counting agents

          18. 24.Notification of requirement of secrecy

          19. 25.Return of postal ballot papers

        3. The poll

          1. 26.Admission to the polling station

          2. 27.Voting by persons on duty on day of poll

          3. 28.The returning officer’s function of signing certificates as to employment...

          4. 29.Removal from polling station

          5. 30.Voting procedure: copies of registers and lists of proxies

          6. 31.(1) If the counting officer thinks fit, the counting officer...

          7. 32.(1) This paragraph applies where proceedings on the issue and...

          8. 33.List of votes marked by presiding officer

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

          10. 35.List of voters with disabilities assisted by companions

          11. 36.Tendered votes list

          12. 37.Lists relating to correction of errors on day of poll

          13. 38.Notice of adjournment in case of riot

          14. 39.Procedure on close of poll

          15. 40.(1) A packet made up under one of the following...

          16. 41.The ballot paper accounts prepared under rule 38(6) of the...

          17. 42.In rule 53(3) of the Assembly Elections Rules references to...

        4. Counting of votes

          1. 43.Attendance and arrangements for counting

          2. 44.Rule 39(1) of the referendum rules (arrangements for the counting...

          3. 45.(1) The constituency returning officer must make arrangements for counting...

          4. 46.Paragraphs 43 and 45 apply instead of rule 54 of...

          5. 47.Counting and separation of ballot papers by counting officer

          6. 48.Delivery of ballot papers etc to returning officers

          7. 49.Counting of votes

          8. 50.Ballot papers placed in wrong ballot box

        5. Declaration of result

          1. 51.Declaration

        6. Disposal of documents etc

          1. 52.Packets of documents

          2. 53.Delivery and retention of documents

          3. 54.Countermand or abandonment of poll on death of candidate

          4. 55.(1) Rule 76 of the Assembly Elections Rules has effect...

        7. Provision of registers etc to counting officer

          1. 56.Registers

          2. 57.Absent voters lists

          3. 58.Personal identifier information

      2. PART 2 Application of provisions about issue and receipt of postal ballot papers

        1. 59.(1) For the purposes of the combined polls, Schedule 3...

      3. PART 3 Forms referred to in Parts 1 and 2

    7. SCHEDULE 7

      Combination of polls: Scotland

      1. PART 1 Provision about combination

        1. General provisions

          1. 1.Interpretation

          2. 2.In this Schedule— “the 2010 Order” means the Scottish Parliament...

          3. 3.Cost of combined polls

          4. 4.(1) In section 29 of the 1983 Act (payments by...

          5. 5.Forms

        2. Action to be taken before poll

          1. 6.Corresponding number lists

          2. 7.(1) This paragraph applies where proceedings on the issue and...

          3. 8.Notice of polling stations

          4. 9.(1) The notice given by a constituency returning officer under...

          5. 10.Postal voting

          6. 11.(1) This paragraph applies where proceedings on the issue and...

          7. 12.Polling stations

          8. 13.The referendum polling stations are to be used for the...

          9. 14.Appointment of presiding officers and clerks

          10. 15.Official poll cards

          11. 16.Equipment of polling stations

          12. 17.(1) If the counting officer thinks fit, the same ballot...

          13. 18.Colour of ballot papers

          14. 19.Form of corresponding number lists provided to polling stations

          15. 20.Ballot paper displayed in polling stations

          16. 21.Guidance to be exhibited outside and inside polling stations

          17. 22.Guidance to be exhibited in each polling station compartment

          18. 23.Notice of appointment of polling and counting agents

          19. 24.Notification of requirement of secrecy

        3. The poll

          1. 25.Admission to the polling station

          2. 26.Voting by persons on duty on day of poll

          3. 27.The returning officer’s function of signing certificates as to employment...

          4. 28.Removal from polling station

          5. 29.Voting procedure: copies of registers and lists of proxies

          6. 30.(1) If the counting officer thinks fit, the counting officer...

          7. 31.(1) This paragraph applies where proceedings on the issue and...

          8. 32.List of votes marked by presiding officer

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

          10. 34.List of voters with disabilities assisted by companions

          11. 35.Tendered votes list

          12. 36.Lists relating to correction of errors on day of poll

          13. 37.Notice of adjournment in case of riot

          14. 38.Procedure on close of poll

          15. 39.(1) A packet made up under one of the following...

          16. 40.Rule 53(2) of the Scottish Parliamentary Election Rules has effect...

          17. 41.The ballot paper accounts prepared under rule 38(6) of the...

        4. Counting of votes

          1. 42.Attendance and arrangements for counting

          2. 43.Rule 39(1) of the referendum rules (arrangements for the counting...

          3. 44.(1) The constituency returning officer must make arrangements for counting...

          4. 45.Paragraphs 42 and 44 apply instead of rule 54 of...

          5. 46.Counting and separation of ballot papers by counting officer

          6. 47.Delivery of ballot papers etc to returning officers

          7. 48.Counting of votes

          8. 49.Ballot papers placed in wrong ballot box

        5. Declaration of result

          1. 50.Declaration

        6. Disposal of documents etc

          1. 51.Packets of documents

          2. 52.Delivery and retention of documents

          3. 53.Schedule 8 to the 2010 Order has effect—

          4. 54.Countermand or abandonment of poll on death of candidate

        7. Provision of registers etc to counting officer

          1. 55.Registers

          2. 56.Absent voters lists

          3. 57.Personal identifier information

      2. PART 2 Application of provisions about issue and receipt of postal ballot papers

        1. 58.(1) For the purposes of the combined polls, Schedule 4...

      3. PART 3 Forms referred to in Parts 1 and 2

    8. SCHEDULE 8

      Combination of polls: Northern Ireland

      1. PART 1 Provision about combination

        1. General provisions

          1. 1.Interpretation

          2. 2.In this Schedule— “Assembly election” means an election to the...

          3. 3.Cost of combined polls

          4. 4.Publication of statement of persons nominated

          5. 5.Directions by Chief Counting Officer to Chief Electoral Officer

          6. 6.Forms

        2. Action to be taken before poll

          1. 7.Corresponding number lists

          2. 8.(1) This paragraph applies where the Chief Electoral Officer decides...

          3. 9.Notice of polling stations

          4. 10.Declarations of identity

          5. 11.(1) This paragraph applies where the Chief Electoral Officer decides...

          6. 12.Colour of ballot papers

          7. 13.Polling stations

          8. 14.Official poll cards

          9. 15.Ballot boxes

          10. 16.Form of corresponding number lists provided to polling stations

          11. 17.Ballot paper displayed in polling stations

          12. 18.Guidance to be exhibited outside and inside polling stations

        3. The poll

          1. 19.Admission to the polling station

          2. 20.Questions to be put to voters

          3. 21.Voting procedure: copies of registers and lists of proxies

          4. 22.(1) If the Chief Electoral Officer thinks fit, he or...

          5. 23.(1) This paragraph applies where the Chief Electoral Officer decides...

          6. 24.List of votes marked by presiding officer

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

          8. 26.List of voters with disabilities assisted by companions

          9. 27.Tendered votes list

          10. 28.Lists relating to correction of errors on day of poll

          11. 29.Procedure on close of poll

          12. 30.(1) A packet made up under one of the following...

          13. 31.(1) The ballot paper account prepared under one of the...

        4. Counting of votes

          1. 32.Attendance and arrangements for counting

          2. 33.Counting and separation of ballot papers

          3. 34.Counting of votes

          4. 35.Application

          5. 36.Ballot papers placed in wrong ballot box

        5. Declaration of result

          1. 37.Declaration

        6. Disposal of documents etc

          1. 38.Retention of certain documents by Chief Electoral Officer

          2. 39.Schedule 3 to the Local Elections (Northern Ireland) Order 2010...

          3. 40.Countermand or abandonment of poll

      2. PART 2 Postal voting

        1. 41.Interpretation

        2. 42.Attendance at proceedings on issue and receipt of postal ballot papers

        3. 43.Procedure on issue of postal ballot papers

        4. 44.Provisions requiring declaration of identity to indicate colours of ballot papers

        5. 45.Envelopes

        6. 46.Spoilt postal ballot papers

        7. 47.Opening of postal voters’ ballot box

        8. 48.Opening of ballot paper envelopes

        9. 49.Countermand or abandonment of poll for relevant election

        10. 50.Retention of documents

      3. PART 3 Forms referred to in Part 1

    9. SCHEDULE 9

      Control of loans etc to permitted participants

    10. SCHEDULE 10

      The alternative vote system: further amendments

      1. PART 1 Amendments of the parliamentary elections rules

        1. 1.Schedule 1 to the 1983 Act (parliamentary elections rules) is...

        2. 2.For rule 18 (poll to be taken by ballot) there...

        3. 3.In rule 29 (equipment of polling stations), in paragraph (5),...

        4. 4.In rule 44 (attendance at counting of votes), in paragraph...

        5. 5.(1) In rule 46 (re-count), for paragraph (1) there is...

        6. 6.(1) In rule 47 (rejected ballot papers), in the heading...

        7. 7.For rule 49 (equality of votes), and the heading, there...

        8. 8.In rule 50 (declaration of result), in paragraph (1), for...

        9. 9.In rule 53 (return or forfeiture of candidate’s deposit), in...

        10. 10.(1) In rule 61 (deceased independent candidate wins), in paragraph...

        11. 11.(1) For rule 62 (deceased independent candidate with equality of...

        12. 12.(1) The Appendix of forms is amended as follows.

      2. PART 2 Amendments of other provisions of the 1983 Act

        1. 13.The 1983 Act is amended as follows.

        2. 14.(1) In section 66 (requirement of secrecy), in subsection (2)(b),...

        3. 15.In section 113 (bribery), in subsection (7)—

        4. 16.In section 114 (treating), at the end there is inserted—...

        5. 17.In section 115 (undue influence), at the end there is...

        6. 18.(1) In section 117 (savings as to parliamentary elections), in...

        7. 19.(1) In section 139 (trial of election petition), in subsection...

        8. 20.In section 165 (avoidance of election for employing corrupt agent),...

        9. 21.In section 166 (votes to be struck off for corrupt...

        10. 22.In section 199B (translations etc of certain documents), in subsection...

      3. PART 3 Amendments of other enactments

        1. 23.Parliamentary Constituencies Act 1986

        2. 24.Political Parties, Elections and Referendums Act 2000

    11. SCHEDULE 11

      Public hearings about Boundary Commission proposals

    12. SCHEDULE 12

      Repeals

      1. PART 1 Voting system for parliamentary elections

      2. PART 2 Parliamentary constituencies

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