Electoral Reform Act 2022

Amendment of Act of 1997

205. The Act of 1997 is amended—

(a) in section 10, by the insertion of the following subsections after subsection (1):

“(1A) Notwithstanding subsection (1)(b), where the Minister is of the opinion that due to local circumstances concerning an island, and taking account of advice from the returning officer for the constituency in which the island is situated, it would be unnecessary or impracticable for the poll to continue on the island for the period appointed by the Minister by order under subsection (1)(b), the Minister may by order, not later than the seventh day before polling day, shorten the period of the poll on the island.

(1B) A poll the subject of an order under subsection (1A) shall continue on the island for not less than 4 hours.

(1C) In subsection (1A), ‘local circumstances’ includes:

(a) the number of European electors on the island;

(b) the distance between a polling station on the island and the place appointed for the verification of ballot paper accounts under rule 73(2) of the Second Schedule;

(c) advance forecasts of stress of weather;

(d) foreseen transport difficulties.”,

and

(b) in the Second Schedule—

(i) in rule 48—

(I) by the deletion of paragraphs (1) and (2),

(II) in paragraph (3), by the insertion of “at a European election” after “Where a poll is to be taken”,

(III) in paragraph (3)(a), by the insertion of—

(A) “sudden onset of” before “stress of weather”, and

(B) “unforeseen” before “transport difficulties”,

and

(IV) by the deletion of paragraph (4),

(ii) in rule 49—

(I) by renumbering the existing rule as paragraph (1), and

(II) by the insertion of the following paragraph after paragraph (1):

“(2) Where an order is made under section 10(1A) the returning officer for the constituency in which the island is situated shall, as soon as may be after it is made, give public notice in the polling district in which the island is situated stating the day appointed under section 10(1)(a) on which, and the period shortened by the order under section 10(1A) during which, the poll shall be taken on the island.”,

and

(iii) in rule 75—

(I) in paragraph (1), by the insertion of the following subparagraph after subparagraph (a):

“(aa) where ballot boxes from a polling station situated on an island have not reached the place appointed for the verification of ballot paper accounts under rule 73(2) before the time appointed under rule 73(1), due to stress of weather or transport difficulties, proceed in accordance with subparagraphs (a), (c) and (d) in respect of the other ballot boxes,”,

and

(II) in paragraph (1), by the substitution of the following subparagraph for subparagraph (b):

“(b) when all the ballot boxes, including all the ballot boxes from polling stations situated on an island, have been dealt with in accordance with subparagraphs (a), (c) and (d), prepare a statement showing the result of the comparison under subparagraph (a) in respect of all the ballot papers for the county or county borough for which he or she is the local returning officer,”.