SCHEDULE 4Application, with Modifications, of Acts and Subordinate Legislation
Interpretation1
1
The provisions set out in the first column of Tables 1 to 5 have effect subject to—
a
any modification mentioned in the second column of those Tables, and
b
unless the context otherwise requires, the modifications mentioned in sub-paragraph (2).
2
The modifications mentioned in this paragraph are—
a
a reference to an election must be construed as a reference to the referendum;
b
a reference to a returning officer must be construed as a reference to the counting officer;
c
a reference to a constituency or an electoral division must be construed as a reference to a voting area;
d
a reference to voting for, or a vote for, a candidate must be construed as a reference to voting for, or a vote for, an answer;
e
a reference to promoting or procuring the election of a candidate, or furthering a person's candidature, must be construed as a reference to promoting or procuring a particular result in the referendum;
f
references to nomination papers and, except as mentioned in sub-paragraphs (d) and (e), references to candidates, must be ignored;
g
a reference to the return of a person must be construed as a reference to a particular result in the referendum;
h
a reference to a person voting as an elector must be construed as a person voting on that person's own behalf;
i
a reference to a person's entitlement as an elector to an absent vote must be construed as a reference to a person's entitlement to vote by post on that person's own behalf or to vote by proxy;
j
where anything is required to be done in the presence of election, polling, counting or other agents, the reference to the presence of agents must be ignored;
k
a reference to anything having been prescribed must be construed as a reference to its being provided for by a provision of subordinate legislation applied by these Regulations;
l
a form which is required to be used may be used with such variations as the circumstances require;
m
a reference to the registration officer, in relation to a local authority, is a reference to the relevant registration officer appointed under section 8 of the 1983 Act M1; and for the purpose of the exercise of a registration officer's functions in relation to the referendum, section 52(1) to (4) M2 (discharge of registration duties) and section 54(1), (3) and (4) M3 (payment of expenses of registration) of that Act have effect;
n
a reference to an election petition must be construed as a reference to a referendum petition;
o
any reference to an enactment or instrument made under an enactment must be construed as a reference to that enactment or instrument as applied by these Regulations;
p
so much of any provision as applies only in Scotland, England or Northern Ireland is to be ignored.
(1) Provision | (2) Modification |
---|---|
Section 13B (alteration of registers: pending elections) M5 | After “election”, in each place, insert After subsection (4) insert—
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Section 31 (polling districts and stations at local government elections) M6 | In subsection (1A) for “elections of county councillors” substitute In subsection (3) for “local government elections” substitute |
Section 35(4) (appointments by returning officers) | |
Section 36(4) and (6) (returning officer's expenditure at local elections) M7 | In subsection (4) for the words from “by a returning officer” to “London borough)” substitute In subsection (6) for the words from the beginning to “councillor, the council” substitute Paragraph 1(2)(b) of this Schedule does not have effect in relation to the first reference in subsection (6) to the returning officer. |
Section 47 (loan of equipment for local elections) M8 | In subsection (1) for “the returning officer at a local government election” substitute In subsection (2)—
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Section 49(4) and (5) (effect of registers) M9 | 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) M10 | In subsection (1) after “local government election” and “local government elections”, in each place, insert For subsections (2) to (4) substitute—
For subsection (6A) substitute—
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Section 62A (offences relating to applications for postal and proxy votes) M11 | In subsection (1)(a) after “election” insert |
Section 63 (breach of official duty) M12 | In subsection (3) after “local government election” in both places insert In subsection (4)(a) after “election” insert |
Section 65 (tampering with ballot papers, etc.) M13 | In subsection (1)—
In subsection (3) for “clerk” substitute |
Section 66 (requirement of secrecy) M14 | For subsection (1)(b) substitute—
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Section 66A (prohibition of publication of exit polls) M15 | In subsection (2) omit the “and” preceding paragraph (b) and after that paragraph insert—
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Section 92 (broadcasting from outside the United Kingdom) M16 | In subsection (1) after “local government election” insert |
Section 94 (imitation poll cards) M17 | In subsection (2)—
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Section 96 (schools and rooms for local election meetings) M18 | For subsection (1) substitute—
Omit subsection (2). In subsection (3)—
In subsection (4)—
After subsection (4) insert—
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Section 97 (disturbances at election meetings) M19 | For subsection (2) substitute—
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Section 100(1) and (2) (illegal canvassing by police officers) M20 | In subsection (1) for the words from “from giving his vote” to the end substitute |
Section 109 (payments for the exhibition of election notices) | |
Section 110 (details to appear on election publications) M21 | |
Section 111 (prohibition of paid canvassers) | |
Section 112 (providing money for illegal purposes) | |
Section 113 (bribery) M22 | |
Section 114 (treating) | |
Section 115 (undue influence) M23 | |
Section 116 (rights of creditors) | Omit paragraphs (b) and (c). |
Section 118 (interpretation of Part 2) M24 | |
Section 119 (computation of time for purposes of Part 2) M25 | In subsection (1)(b) after “disregarded” insert—
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Section 167 (application for relief) M26 | |
Section 168 (prosecutions for corrupt practices) M27 | |
Section 169 (prosecutions for illegal practices) M28 | |
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 M29 | In subsection (1)(a)(i) after “Great Britain” insert |
Section 174 (mitigation and remission etc.) M30 | |
Section 175 (illegal payments etc.) M31 | Omit subsection (2). |
Section 176 (time limit for prosecutions) | |
Section 177 (summary trial) | For “the local government Act” substitute In subsection (1)(a) for the words from “in the county” to “adjoins”, substitute |
Section 178 (prosecution of offences committed outside the United Kingdom) M32 | |
Section 179 (offences by associations) | |
Section 181(1) (Director of Public Prosecutions) M33 | |
Section 185 (interpretation of Part 3) M34 | |
Section 199B (translations of certain documents) M35 | In subsections (1), (5) and (7) after “local government election” insert Omit subsection (4)(a). |
Section 200(1A) and (2) (public notices, and declarations) M36 | |
Section 202 (interpretation) M37 |
(1) Provision | (2) Modification |
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Section 10 (pilot schemes for local elections in England and Wales) M39 | In subsection (2)—
In subsection (3)—
Omit subsection (4). At the end of subsection (7)(a) insert In subsection (11) for the words after “means”, substitute |
Section 12 (changes relating to absent voting at elections in Great Britain) | In subsection (1) at the end insert |
Schedule 4 (absent voting in Great Britain) M40 | In paragraph 1(1), in the definition of “the appropriate rules” at the end of paragraph (b), insert—
In paragraphs 2 to 7, 7C and 7D, except in paragraphs 3(1), 3(2), 3(4)(a)(i), 6(7), 7(4)(a) and 7(6)(a)(i), after “local government election”, “local government elections”, “elections” and “election”, insert, as the context requires, In paragraphs 3(1) and 3(2) for “or at both” substitute In paragraphs 3(4)(a)(i) and 7(6)(a)(i) for “or both” substitute In paragraphs 6(7) and 7(4)(a) for “or at both” substitute |
(1) Provision | (2) Modification |
---|---|
Section 6A (attendance of representatives of Commission at elections etc.) | After subsection (1)(b) insert—
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Section 6B (observation of working practices by representatives of Commission) | After subsection (2) insert—
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Section 6C (accredited observers: individuals) Referendums) | In subsection (1) after “applies” insert |
Section 6D (accredited observers: organisations) Referendums) | In subsection (1) after “applies” insert |
Section 6E (attendance and conduct of observers) | For subsection (4)(c) substitute—
In subsection (4) for “or (c)” substitute |
(1) Provision | (2) Modification |
---|---|
Section 42 (access to other election documents) | |
Section 43 (access to other election documents: contravention of regulations) | In subsection (1)(a) after “section 42” insert |
Section 44 (access to other election documents: supplementary) | In subsection (5) for the words from “election documents” to “Northern Ireland)” substitute After subsection (7)(e) insert—
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Section 46 (returning officers: correction of procedural errors) | After subsection (3)(b) insert—
Omit subsection (6). |
Section 69 (encouraging electoral participation) | After subsection (8)(b) insert—
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(1) Provision | (2) Modification |
---|---|
Regulation 3 (interpretation) M44 | At the end of paragraph (2)(b) insert—
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Regulation 4(1)(b) (forms) and, to the extent of Form E in Schedule 3, (2) | |
Regulation 5 (communication of applications, notices, etc) M45 | |
Regulation 6 (electronic signatures and related certificates) M46 | |
Regulation 7 (copies of documents) M47 | |
Regulation 8 (time) M48 | |
Regulation 11 (interference with notices) | |
Regulation 50 (interpretation of Part 4) M49 | |
Regulation 51 (general requirements for an absent vote) M50 | For paragraph (4)(b) substitute—
In paragraph (5)—
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Regulation 51A (additional provision concerning the requirement that an application for an absent vote must be signed by the applicant) M51 | |
Regulation 51AA (additional requirement for applications for ballot papers to be sent to different address from that stated in application) M52 | |
Regulation 51B (additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under paragraph 3(4) or 7(6) of Schedule 4) M53 | |
Regulation 52 (additional requirements for applications for the appointment of a proxy) | |
Regulation 55 (additional requirements for applications for a proxy vote in respect of a particular election) M54) | |
Regulation 56 (closing dates for applications) M55 | In paragraphs (1) to (5) and (7)(b) after “election”, in each place, insert |
Regulation 57 (grant or refusal of applications) M56 | In paragraph (5) after “election” insert |
Regulation 58 (notice of appeal) | |
Regulation 59 (cancellation of proxy appointment) | |
Regulation 61B (personal identifiers record) M57 | In paragraph (3)(a) for “any candidate or agent” substitute |
Regulation 62 (marked register for polling stations) M58 | |
Regulation 64 (interpretation of Part 5) M59 | Omit the definition of “agent”. |
Regulation 66 (form of postal voting statement) | Omit paragraph (a). |
Regulation 67 (persons entitled to be present at proceedings on issue of postal ballot papers) M60 | |
Regulation 68 (persons entitled to be present at proceedings on the receipt of postal ballot papers) M61 | Where the issue and receipt of postal votes are not taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations: For paragraphs (a) to (d) substitute:
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Regulation 69 (agents of candidates who may attend proceedings on receipt of postal ballot papers) | In paragraph (8) for “candidates or their agents” substitute Where the issue and receipt of postal votes are not taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations: Omit paragraphs (1) to (7). |
Regulation 70 (notification of requirement of secrecy) | |
Regulation 71 (time when postal ballot papers are to be issued) | |
Regulation 72 (procedure on issue of postal ballot paper) M62 | |
Regulation 73 (refusal to issue postal ballot paper) M63 | |
Regulation 74 (envelopes) M64 | |
Regulation 75 (sealing up of completed corresponding number lists and security of special lists) M65 | |
Regulation 76 (delivery of postal ballot papers) | |
Regulation 77 (spoilt postal ballot papers) M66 | |
Regulation 78 (lost postal ballot papers) M67 | |
Regulation 79(3) to (5) (alternative means of returning postal ballot paper or postal voting statement) M68 | In paragraph (5) for “polling agents” substitute |
Regulation 80 (notice of opening of postal ballot paper envelopes) | Where the issue and receipt of postal votes are not taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations: In paragraph (1) for “each candidate” substitute Omit paragraph (2)(b). |
Regulation 81 (postal ballot boxes and receptacles) M69 | In paragraphs (3) and (4) for “the agents” substitute |
Regulation 82 (receipt of covering envelopes) | |
Regulation 83 (opening of postal voters' ballot box) | In paragraph (1) for “the agents” substitute |
Regulation 84 (opening of covering envelopes) M70 | |
Regulation 84A (confirming receipt of postal voting statements) M71) | |
Regulation 85 (procedure in relation to postal voting statements) M72) | In paragraph (3) for “agents” substitute |
Regulation 85A (procedure in relation to postal voting statements: personal identifier verification) M73 | In paragraph (4) for “agents” substitute |
Regulation 85B (Postal Voting Statements: additional personal identifier verification) M74 | In paragraphs (3)(a) and (c) and (4) for “agents” substitute |
Regulation 86 (opening of ballot paper envelopes) | |
Regulation 86A (retrieval of cancelled postal ballot papers) M75 | In paragraph (2)(b) and (f) for “agents” substitute |
Regulation 87 (lists of rejected postal ballot papers) | |
Regulation 88 (checking of lists kept under regulation 87) | |
Regulation 89 (sealing of receptacles) M76 | |
Regulation 91 (forwarding of documents) M77 | After paragraph (2) insert—
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Regulation 116 (interpretation of Part 7) M78 | |
Regulation 118 (inspection of documents open to public inspection) M79 | |
Regulation 119 (conditions on the use, supply and disclosure of documents open to public inspection) M80 | |
In Schedule 3, Form E M81 | For “REPRESENTATION OF THE PEOPLE ACTS” substitute Omit “Constituency” and “Polling District”. For “European Parliamentary electoral region” substitute For the words from “*[who qualifies” to “electoral region]]”, substitute Omit “*[This proxy appointment is not valid until ....................]” and “*[This proxy appointment remains valid until ....................]”. For paragraph 2 of the note substitute —
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