(1) Provision | (2) Modification |
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Section 13B (alteration of registers: pending elections) | After “election”, in each place, insert “ or referendum ”.
After subsection (4) insert—
“(4A) This section also applies to referendums.”
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Section 31 (polling districts and stations at local government elections) | In subsection (1A) for “elections of county councillors” substitute “ referendums by or in respect of a county or county borough ”.
In subsection (3) for “local government elections” substitute “ referendums ”.
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Section 35(4) (appointments by returning officers) | |
Section 36(4) and (6) (returning officer's expenditure at local elections) | In subsection (4) for the words from “by a returning officer” to “London borough)” substitute “ by a counting officer for a voting area in relation to the holding of a referendum ”.
In subsection (6) for the words from the beginning to “councillor, the council” substitute “ Before a poll is taken at such a referendum as is referred to in subsection (4), the authority ”.
Paragraph 1(2)(b) of this Schedule does not have effect in relation to the first reference in subsection (6) to the returning officer.
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Section 47 (loan of equipment for local elections) | In subsection (1) for “the returning officer at a local government election” substitute “ the counting officer at a referendum ”.
In subsection (2)—
(a) omit the words from “, or” at the end of paragraph (a) to “as the case may be”;
(b) for “an election held under those Acts” substitute “ a referendum ”.
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Section 49(4) and (5) (effect of registers) | In subsection (5) omit “prevent the rejection of the vote on a scrutiny or”. |
Section 60 (personation) | In subsection (2) omit “parliamentary or”. |
Section 61 (other voting offences) | In subsection (1) after “local government election” and “local government elections”, in each place, insert “ or referendum ” or “ or referendums ” respectively.
For subsections (2) to (4) substitute—
“(2) A person shall be guilty of an offence if—
(a)that person votes on their own behalf otherwise than by proxy—
(i)more than once in the same voting area,
(ii)in more than one voting area, or
(iii)in any voting area where there is in force an appointment of a person to vote as that person's proxy in the referendum in another voting area, or
(b)that person votes on their own behalf in person and is entitled to vote by post, or
(c)that person votes on their own behalf in person knowing that a person appointed to vote as their proxy has already voted in person or is entitled to vote by post, or
(d)that person applies for a person to be appointed as their proxy to vote for them without applying for the cancellation of a previous appointment of a third party then in force or without withdrawing a pending application for such an appointment.
(3) A person shall be guilty of an offence if—
(a)that person votes as proxy for the same person either—
(i)more than once in the same voting area, or
(ii)in more than one voting area, or
(b)that person votes in person as proxy for a person and is entitled to vote by post as proxy for that person, or
(c)that person votes in person as proxy for someone whom that person knows already to have voted in person.
(4) A person shall also be guilty of an offence if that person votes as proxy in any voting area for more than two persons of whom that person is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.”
For subsection (6A) substitute—
“(6A) A person is not guilty of an offence under subsection (2)(b) only by reason of that person having marked a tendered ballot paper in pursuance of rule 29 of the Local Government Act Referendums Rules within the meaning of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008.”
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Section 62A (offences relating to applications for postal and proxy votes) | In subsection (1)(a) after “election” insert “ or referendum ”.
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Section 63 (breach of official duty) | In subsection (3) after “local government election” in both places insert “ or referendum ”.
In subsection (4)(a) after “election” insert “ or referendum ”.
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Section 65 (tampering with ballot papers, etc.) | In subsection (1)—
(a) after “election”, in the first place it occurs, insert “ or referendum ”, and
In subsection (3) for “clerk” substitute “ person ”.
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Section 66 (requirement of secrecy) | For subsection (1)(b) substitute—
“(b)every polling observer, so attending,”.
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Section 66A (prohibition of publication of exit polls) | In subsection (2) omit the “and” preceding paragraph (b) and after that paragraph insert—
“; and
(c)any referendum”.
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Section 92 (broadcasting from outside the United Kingdom) | In subsection (1) after “local government election” insert “ or referendum ”.
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Section 94 (imitation poll cards) | In subsection (2)—
(a) after “section 36” insert “ above, or regulations made under section 45 of the Local Government Act 2000 ”, and
(b) after “the rules”, insert “ or, as the case may be, the regulations ”.
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Section 96 (schools and rooms for local election meetings) | For subsection (1) substitute—
“(1) Subject to the provisions of this section, any person is entitled, for the purpose of holding a public meeting to promote a particular result in the referendum, to use free of charge at reasonable times during the campaign period any meeting room to which this section applies.
(1A) In subsection (1), “the campaign period” means the period of 25 days ending with the day before the date of the referendum.”
In subsection (3)—
(a) for the words from “electoral area for which” to “that electoral area” substitute “ voting area ”, and
In subsection (4)—
(a) omit the words “and paragraph 1(1) of Schedule 5 to this Act”,
(b) after the words “that section” insert “ subject to the substitution in subsection (5) of that section, for the word “candidate” of the word “person ”, and
(c) omit the words from “and any person” to the end.
After subsection (4) insert—
“(5) The lists maintained by a county or county borough council of meeting rooms which candidates at a parliamentary election in any constituency are entitled to use shall have effect for the purposes of the referendum; and any person shall, before the referendum, be entitled at all reasonable hours to inspect those lists or a copy of them.”
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Section 97 (disturbances at election meetings) | For subsection (2) substitute—
“(2) This section applies to a meeting in connection with a referendum held during the campaign period.
(2A) In subsection (2) “the campaign period” means the period of 25 days ending with the day before the date of the referendum.”
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Section 100(1) and (2) (illegal canvassing by police officers) | In subsection (1) for the words from “from giving his vote” to the end substitute “ from giving his vote in the referendum in a voting area wholly or partly within the police area ”.
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Section 109 (payments for the exhibition of election notices) | |
Section 110 (details to appear on election publications) | |
Section 111 (prohibition of paid canvassers) | |
Section 112 (providing money for illegal purposes) | |
Section 113 (bribery) | |
Section 114 (treating) | |
Section 115 (undue influence) | |
Section 116 (rights of creditors) | Omit paragraphs (b) and (c). |
Section 118 (interpretation of Part 2) | |
Section 119 (computation of time for purposes of Part 2) | In subsection (1)(b) after “disregarded” insert—
“; and
(c)in computing any period referred to in section 96(1A) or 97(2A), as applied for the purposes of a referendum, any of the days so mentioned shall be disregarded.”
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Section 167 (application for relief) | |
Section 168 (prosecutions for corrupt practices) | |
Section 169 (prosecutions for illegal practices) | |
Section 170 (conviction of illegal practice on charge of corrupt practice etc) | |
Section 173(1)(a)(i), (2) and (3) (incapacities on conviction of corrupt or illegal practice | In subsection (1)(a)(i) after “Great Britain” insert “ or at any referendum ”.
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Section 174 (mitigation and remission etc.) | |
Section 175 (illegal payments etc.) | Omit subsection (2). |
Section 176 (time limit for prosecutions) | |
Section 177 (summary trial) | For “the local government Act” substitute “ the Local Authority (Conduct of Referendums) (Wales) Regulations 2008 ”.
In subsection (1)(a) for the words from “in the county” to “adjoins”, substitute “ for the voting area in which the offence is alleged to have been committed ”.
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Section 178 (prosecution of offences committed outside the United Kingdom) | |
Section 179 (offences by associations) | |
Section 181(1) (Director of Public Prosecutions) | |
Section 185 (interpretation of Part 3) | |
Section 199B (translations of certain documents) | In subsections (1), (5) and (7) after “local government election” insert “ or referendum ”.
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Section 200(1A) and (2) (public notices, and declarations) | |
Section 202 (interpretation) | |