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15 2004

Electoral (Amendment) Act 2004

SCHEDULE 2

Modification of Certain Provisions of Regulations of 1995

Section 7 .

For the purpose of the application by virtue of this Act to voting and the counting of votes of certain provisions of the Regulations of 1995, the said provisions as so applied shall have effect as if—

(a) a reference in any such provision to a ballot paper or ballot papers, other than in the case of postal voting and voting by special voters, were a reference, where appropriate, to a ballot paper displayed on a voting machine;

(b) a reference in any such provision to mark or marking in relation to a ballot paper, other than in the case of postal voting and voting by special voters, were a reference to pressing the designated space on a ballot paper displayed on a voting machines;

(c) a reference in any such provision to a ballot box or ballot boxes, other than in the case of postal voting and voting by special voters, were a reference to a voting machine or voting machines;

(d) in Articles 5, 9, 25 and 70(1) of those Regulations there were inserted “and the Electoral (Amendment) Act 2004” after “Act of 1994”;

(e) in Article 26 of those Regulations—

(i) there were inserted “and at the entry of votes on postal voters ballot papers on a voting machine” after “boxes” in paragraph (c) of sub-article (1);

(ii) for “ballot boxes have been sealed by the presiding officer pursuant to Article 72” in sub-article (6), there were substituted “voting machines are closed down by the presiding officer pursuant to section 11 of the Electoral (Amendment) Act 2004”;

(iii) there were inserted “and the entry of votes on postal voters ballot papers on a voting machine” after “postal ballot boxes” where those words first occur in sub-article (7) and there were inserted “and the votes on the postal voters ballot papers are entered on a voting machine” after “to be opened” in that sub-article; and

(iv) there were inserted “or the Electoral (Amendment) Act 2004” after “these Regulations” in sub-article (11);

(f) in Article 29 of those Regulations for “ballot paper placed in a ballot box” there were substituted “vote cast on a ballot paper on a voting machine”;

(g) in Article 31(1) of those Regulations there were deleted “, and indistinguishable from,” and for “delivered to” there were substituted “installed on a voting machine used by”;

(h) in Article 32 of those Regulations there were inserted “and the treatment of postal voters and special voters votes in accordance with section 12 of the Electoral (Amendment) Act 2004” after “therein”;

(i) in Article 37 of those Regulations there were substituted “Before” for “At the hour fixed for”;

(j) in Article 38 of those Regulations there were inserted “and enter the votes on the ballot papers in the postal voters ballot box on a voting machine” after “therein” in sub-article (2);

(k) in Article 40 of those Regulations for “for the purposes of Article 76” there were substituted “in accordance with section 12 of the Electoral (Amendment) Act 2004. The returning officer shall count and note the number of ballot papers placed in the ballot box and include such details in the statement referred to in Article 41(5)”;

(l) in Article 41 of those Regulations there were inserted “, the unused ballot papers,” after “postal voters list”, in sub-article (1);

(m) in Article 49 of those Regulations, for “ballot boxes”, in each place where those words occur in sub-articles (1)(b) and (3)(b), there were substituted “cartridges or discs from voting machines”;

(n) in Article 51 of those Regulations—

(i) there were inserted in sub-article (2)(aa) (inserted by section 54(b) of the Act of 2001) “, for that purpose and the purposes of the Electoral (Amendment) Act 2004” after “Schedule may”; and

(ii) there were inserted “for postal and special voters” after “ballot papers” in each place where those words occur in paragraph (d) of sub-article (2);

(o) in Article 52 of those Regulations there were inserted “for a postal or special voter” after “ballot paper”;

(p) in Article 54 of those Regulations there were inserted “voting machines,” after “ballot boxes,” in each place where those words occur;

(q) in Article 57 of those Regulations—

(i) in sub-article (5)—

(I) for “compartments” in paragraph (a) there were substituted “voting machines”;

(II) there were deleted paragraphs (c), (d) and (e); and

(III) in paragraph (i) (inserted by the Electoral (Amendment) Act 1996 ) there were deleted “and placing in the ballot box”;

and

(ii) in sub-article (6), for “numbers on the ballot papers” there were substituted “serial numbers of the voting machines”;

(r) in Article 58 of those Regulations, there were inserted “or the Electoral (Amendment) Act 2004” after “these Regulations” in sub-articles (4) and (5);

(s) in Article 65 of those Regulations—

(i) in sub-article (1), for “for a ballot paper” there were substituted “to vote”;

(ii) in sub-article (2), for “delivery of the ballot paper” there were substituted “permitting the elector to vote”;

(iii) in sub-article (3), for “into one of the compartments in the polling station and there shall mark the ballot paper for the elector and shall fold it and show the back of the folded paper to the presiding officer so as to disclose the official mark and forthwith place the paper in the ballot box” there were substituted “to a voting machine in the polling station and then vote on the ballot paper displayed on the voting machine for the elector”;

(iv) in sub-article (4), for “delivery of the ballot paper” there were substituted “permitting that person to vote for the elector”; and

(v) in sub-article (5), for “fold it and place it in the ballot box” there were substituted “vote on the voting machine”;

(t) in Article 66 of those Regulations—

(i) in sub-article (1)—

(I) for “a ballot paper”, where those words first occur, there were substituted “a permission to vote”;

(II) for “for a ballot paper” there were substituted “to vote”; and

(III) for “to receive a ballot paper and mark and place it in the ballot box” there were substituted “to vote”;

and

(ii) in sub-article (2)—

(I) for “ballot papers issued pursuant to this article” there were substituted “cases arising under sub-article (1)”; and

(II) for “such papers” there were substituted “such permissions referred to in that sub-article”;

(u) in Article 67 of those Regulations—

(i) in sub-article (1), for “for or has applied for a ballot paper” there were substituted “to vote or has voted”; and

(ii) in sub-article (2), for “for a ballot paper”, in each place where those words occur, there were substituted “to vote”;

(v) in Article 69(3) of those Regulations, for “open any of the ballot boxes” there were substituted “open the postal voters ballot box or cause to be read any votes on a cartridge or disc from any voting machine”;

(w) in Article 70 of those Regulations—

(i) in paragraph (c) there were inserted “and the Electoral (Amendment) Act 2004” after “these Regulations”, and

(ii) in paragraph (d) there were inserted “or cause to be read any votes on a cartridge or disc from any voting machine” after “ballot boxes”;

(x) in Article 71 of those Regulations—

(i) there were inserted “or voting machines” after “ballot boxes or ballot papers” where those words first occur;

(ii) for “ballot boxes or ballot papers” in paragraph (a) there were substituted “voting machines”; and

(iii) in paragraph (d) there were inserted “and the Electoral (Amendment) Act 2004” after “these Regulations”; and

(iv) in paragraph (e) for “open any of the ballot boxes” there were substituted “open the postal voters ballot box or cause to be read any votes on a cartridge or disc from any voting machine”;

(y) in Article 73 of those Regulations, for “for a ballot paper” in sub-articles (1)(a), (2) and (3) there were substituted “to vote”;

(z) in Article 74 of those Regulations—

(i) in sub-article (1) there were substituted “after the close of the poll” for “not later than the hour of 9 a.m. on the day next following polling day”; and

(ii) in sub-article (2) there were inserted “and cartridges or discs from voting machines” after “ballot papers”;

(aa) in Article 75(3) of those Regulations, for “the ballot papers have been correctly sorted” there were substituted “all the cartridges or discs from voting machines have been correctly accounted for”;

(bb) in Article 79 of those Regulations, for “ballot papers” there were substituted “cartridges or discs from voting machines”;

(cc) in Article 92 of those Regulations—

(i) in sub-article (1) there were deleted all the words from “sealed packets” down to and including “polling stations,” and there were substituted “sealed packets the cartridges or discs from voting machines and the statements referred to in sections 9(1), 11(2) and 12(5) and (6) of the Electoral (Amendment) Act 2004,”; and

(ii) for “article 76” in paragraph (b) of sub-article (2) there were substituted “ section 13 (3) of the Electoral (Amendment) Act 2004”;

(dd) in Article 93 of those Regulations—

(i) there were substituted the following for paragraph (d) of sub-article (2)—

“(d) the cartridges or discs referred to in subsection (2) of section 13 of the Electoral (Amendment) Act 2004 and the documents referred to in paragraphs (a) and (b) of section 12 (9) of that Act.”;

(ii) there were inserted “or the Electoral (Amendment) Act 2004” after “Part XV” in sub-article (3);

(ee) in Article 95 of those Regulations—

(i) for “for a ballot paper” in paragraphs (a) and (b) of sub-article (1) there were substituted “to vote”;

(ii) for “obtained a ballot paper” in sub-article (1)(b) there were substituted “applied to vote” and there were deleted “(otherwise than under article 64)”; and

(iii) for “obtained a ballot paper” in sub-article (2) there were substituted “applied to vote”;

(ff) in Article 98 of those Regulations—

(i) in sub-article (1), there were inserted “or at the entering of votes from postal and special voters ballot papers on a voting machine” after “postal ballot boxes”;

(ii) in sub-article (1)(b), for “the said issue or the said voting or the said opening” there were substituted “the said issue, voting, opening or entering”;

(iii) in sub-article (2), for “for a ballot paper” there were substituted “to vote” and “or as to the official mark” were deleted;

(iv) the following were substituted for sub-article (3)—

“(3) A person who is present in any capacity at the read in and verification of vote data in cartridges or discs or the counting of votes at a local election shall be guilty of an offence if, except for some purpose authorised by law, at any time he or she communicates any information obtained at such read in or such count.”;

(v) in sub-article (4)(a), for “marking a ballot paper” there were substituted “voting”;

(vi) in sub-article (4)(b), there were deleted “, or as to the number on the back of the ballot paper issued to a voter at that station”; and

(vii) in sub-article (4)(c), for “display a ballot paper after the voter has marked it so as to make known” there were substituted “disclose”;

(gg) in Article 99(a) of those Regulations, there were inserted “or voting machine or cartridge or disc from a voting machine or software or other voting system equipment used for voting or vote counting” after “or any unused ballot paper”;

(hh) in Article 114 of those Regulations, there were inserted “or a cartridge or disc from a voting machine” after “ballot paper”;

(ii) in Article 121 of those Regulations, there were inserted “and the entering of votes on postal and special voter ballot papers on a voting machine” after “postal ballot boxes” in paragraph (c); and

(jj) in Article 123, there were inserted “and the Electoral (Amendment) Act 2004” after “these Regulations”.