Article 3 Amendment of Schedule 1 to the 2001 Order

(1)

Schedule 1 to the 2001 Order (application with modifications of statutory provisions relating to elections) is amended as follows.

(2)

After the entry in respect of section 66A^f1 of the 1983 Act (prohibition on publication of exit polls) insert—

“

Section 66B^f2 (failure to comply with conditions relating to the supply etc of certain documents)

”.

(3)

In the right-hand column of the Schedule, alongside the entry in respect of rule 5^f3 of the rules (notice of election) insert—

“At the end of the rule, insert the following paragraph—

“(4) The notice of election must state the address to which the applications mentioned in paragraph (2) must be sent.””.

(4)

In the right-hand column of the Schedule, after the entry in respect of rule 8^f4 (consent to nomination) insert—

“

After rule 8 insert the following rule—

“Use of mark in place of signature

8A.

(1)
Where a person (“P”) is required to sign his or her name under rules 6, 7 or 8 but is unable to do so because of blindness or any other disability or because he or she is unable to read, P may instead place a mark in place of any signature.

(2)
The mark mentioned in paragraph (1) must be witnessed by one person who must include his or her signature and address.”

”.

(5)

In the right-hand column of the Schedule, alongside the entry in respect of rule 14A^f5 (correction of minor errors) insert—

“In paragraph (2), after sub-paragraph (b) insert—

“(ba)
obvious errors of spelling in relation to the description of a registered political party (including a joint description) authorised as mentioned in rule 6A^f6;””.

(6)

In the right-hand column of the Schedule, alongside the entry in respect of rule 19^f7 (the ballot papers), after the paragraph beginning “For paragraph (2A) substitute” insert the following paragraphs—

“After paragraph (2B) insert—

“(2C)
If, on behalf of a candidate who is the subject of two or more parties’ authorisations under rule 6A(1B) the registered nominating officers of those parties so request, the ballot paper must contain, against the candidate’s particulars, the registered emblem of one of those parties (or, as the case may be, one of its registered emblems).

(2D)
The request mentioned in paragraph (2C) must be—

(a)
made in writing by the nominating officers of the parties jointly to the returning officer, and

(b)
received by the returning officer before the last time for the delivery of nomination papers.”

After paragraph (4) insert—

“(5)
In this rule “registered nominating officer” means the person registered as a party’s nominating officer under the Political Parties, Elections and Referendums Act 2000^f8 or a person authorised by the nominating officer to act on his or her behalf.””.

(7)

In the right-hand column of the Schedule, alongside the entry in respect of rule 28^f9 (issue of official poll cards) insert—

“After paragraph (1A) insert—

“(1B)
An official poll card need not be sent to any person—

(a)
as an elector if he or she is placed on the absent voters list for the election; or

(b)
as a proxy if he or she is entitled to vote by post as proxy at the election.””.

(8)

In the right-hand column of the Schedule, alongside the entry in respect of rule 29^f10 (equipment of polling stations)—

(a)

before the paragraph beginning “In paragraph (5)” insert—

“In paragraph (2) after “unlocked” insert “or, where the box has no lock, the seal being broken”.”; and

(b)

after the paragraph beginning “In paragraph (5)” insert—

“After paragraph (5) insert—

“(5A)
Where proof has been given to the returning officer’s satisfaction of the death of a candidate named in the ballot paper as an independent candidate (within the meaning of rule 60)^f11 the returning officer must provide each presiding officer with sufficient number of notices informing the voters that the candidate has died for display in every compartment of every polling station.””.

(9)

In the right-hand column of the Schedule, alongside the entry in respect of rule 30^f12 (appointment of polling and counting agents) insert—

“In paragraph (3), for the word “second” substitute “fifth”.”.

(10)

In the right-hand column of the Schedule, alongside the entry in respect of rule 31^f13 (notification of requirement of secrecy) insert—

“In paragraph (a) for “blind voter” substitute “voter with disabilities””.

(11)

In the right-hand column of the Schedule, alongside the entry in respect of rule 33 (keeping of order in station) insert—

“In paragraph (2)(a) omit “in or near that station””.

(12)

In the right-hand column of the Schedule, alongside the entry in respect of rule 34 (sealing of ballot papers) insert—

“After the words “lock it up” and after the words “so locked” in both places insert “(if it has a lock)””.

(13)

In the right-hand column of the Schedule, after the entry in respect of rule 37 (voting procedure) insert—

“

After rule 37 insert the following rule—

“Disclosure of information regarding ballot papers

37A.

(1)
During the taking of the poll the presiding officer and the clerks appointed to attend at the polling station may not disclose how many ballot papers have been issued to voters; but this is subject to paragraph (2).

(2)
The presiding officer may disclose that information to—

(a)
the returning officer, or

(b)
any other person in accordance with directions given by the returning officer.

(3)
Any direction under paragraph (2)(b) must be given before the commencement of the poll.”

”.

(14)

In the right-hand column of the Schedule, alongside the entry in respect of rule 43^f14 (procedure on close of poll) insert—

“In paragraph (1)(a) after “key” insert “(if it has a lock)””.

(15)

In the right-hand column of the Schedule, in the entry in respect of rule 44C(1)^f15—

(a)

in sub-paragraph (a) omit “and other unique identifying mark”; and

(b)

in sub-paragraph (d) after “printed number” insert “and other unique identifying mark”.

(16)

After the entry in respect of rule 53^f16 (return or forfeiture of candidate’s deposit) insert—

“

Rule 53A^f17 (destruction of home address forms)

”.

(17)

In the right-hand column of the Schedule, alongside the entry in respect of rule 60 (independent candidate) for the words “Omit paragraph 4.” substitute—

“For paragraph (4) substitute—

“(4)
If the number of persons shown as standing nominated in the statement of persons nominated is less than or equal to the number of persons to be elected the returning officer must—

(a)
if polling has not begun, countermand notice of the poll;

(b)
if polling has begun, direct that the poll is abandoned;

(c)
subject to rule 65, treat the election as an uncontested election.””.

(18)

In the right-hand column of the Schedule, alongside the entry in respect of rule 61 (deceased independent candidate wins) after the entry beginning “In paragraph (1)” insert—

“For paragraph (2) substitute—

“(2)
Rule 50 (declaration of result) does not apply but the returning officer must—

(a)
declare that the votes given to the deceased candidate are equal to or exceed the quota (as the case may be),

(b)
declare that no candidate is elected, and

(c)
give public notice of—
(i)
the number of first preference votes given for each candidate,

(ii)
any transfer of votes,

(iii)
the total number of votes for each candidate at each stage of the count at which such transfer took place,

(iv)
the order in which the successful candidates would have been elected if it were not for the provisions of this rule, and

(v)
the number of rejected ballot papers under each head shown in the statement of rejected ballot papers prepared under rule 44C(3).””.

(19)

Omit the entry in respect of rule 62 (deceased independent candidate with equality of votes).

(20)

In the right-hand column of the Schedule, alongside the entry in respect of rule 65^f18 (abandoned poll) omit “omit sub-paragraph (a), and”.

Annotations

Footnotes

f1: Section 66A was inserted by section 15 of, and paragraphs 3 and 6 of Schedule 6 to, the Representation of the People Act 2000 (c. 2).
f2: Section 66B was inserted by section 41 of the Electoral Administration Act 2006 (c. 22)
f3: Rule 5 was amended by part 1 of Schedule 2 and paragraph 74 of Schedule 4 to the Representation of the People Act 1985 (c. 50); section 15 of, and paragraphs 3 and 10 of Schedule 6 to, the Representation of the People Act 2000 (c. 2); and section 19 of the Electoral Administration Act 2006.
f4: Rule 8(3)(c) was inserted by section 22 of the Electoral Administration Act 2006.
f5: Rule 14A was inserted by section 19(8) of the Electoral Administration Act 2006 (c. 22); it was amended by paragraph 8 of Schedule 1 to the Political Parties and Elections Act 2009 (c. 12).
f6: Rule 6A was inserted by paragraph 2 of Schedule 2 to the Registration of Political Parties Act 1998 (c. 48); amended by section 38 of the Political Parties, Elections and Referendums Act 2000 (c. 41); and amended by sections 49, 52 and 74 of, and paragraphs 104 and 129 of Schedule 1 to, the Electoral Administration Act 2006.
f7: Rule 19 was amended by section 13 of, and paragraph 4 of Schedule 2 to, the Registration of Political Parties Act 1998 (c. 48); and sections 30, 47 and 74 of, and paragraphs 69 and 87 of Schedule 1 and Schedule 2 to, the Electoral Administration Act 2006.
f8: 2000 c. 41; section 24 requires parties to register a nominating officer.
f9: Rule 28 was amended by sections 10 and 47 of, and paragraphs 2, 14, 69 and 70 of Schedule 1 to, the Electoral Administration Act 2006 (c. 22).
f10: Rule 29 was amended by section 24 of, and paragraph 79 of Schedule 4 to, the Representation of the People Act 1985 (c. 50); section 13 of the Representation of the People Act 2000 (c. 2); sections 10, 31 and 47 of, and paragraphs 2, 14, 69 and 89 of Schedule 1 to, the Electoral Administration Act 2006 (c. 22) (“2006 Act”); and section 30 of, and paragraph 6 of Schedule 4 to, the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33). Amendments were also made by section 11 of the 2006 Act but they do not apply to Northern Ireland.
f11: Rules 60-65 were substituted for rule 60 by section 24 of the 2006 Act.
f12: Paragraph (5) of Rule 30 was amended by section 158 of, and Schedule 22 to, the Political Parties, Elections and Referendums Act 2000 (c. 41).
f13: Rule 31 was substituted by section 24 of, and paragraph 80 of Schedule 4 to, the Representation of the People Act 1985 (c. 50).
f14: Rule 43 was amended by section 13 of the Representation of the People Act 2000 (c. 2); sections 31 and 47 of, and paragraphs 69 and 79 of Schedule 1 to, the Electoral Administration Act 2006 (c. 22); and paragraph 6 of Schedule 4 to the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33).
f15: Rules 44A to 44M were amended by S.I. 2009/256.
f16: Rule 53 was amended by section 13 of, and paragraph 83 of Schedule 4 to, the Representation of the People Act 1985 (c. 50).
f17: Rule 53A was inserted by section 24 of the Political Parties and Elections Act 2009 (c. 12).
f18: Rule 60 was substituted by rules 60-65 by section 24 of the Electoral Administration Act 2006 (c. 22).