SCHEDULE 4Application, with Modifications, of Acts and Subordinate Legislation

Regulation 8

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.

Table 1 Representation of the People Act 1983 M4

(1) Provision

(2) Modification

Section 13B (alteration of registers: pending elections) M5

After “election”, in each place, insert “ or referendum ”.

After subsection (4) insert—

4A

This section also applies to referendums.

Section 31 (polling districts and stations at local government elections) M6

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 ”.

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 “ 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.

Section 47 (loan of equipment for local elections) M8

In subsection (1) for “the returning officer at a local government election” substitute “ the counting officer at a referendum ”.

In subsection (2)—

  1. a

    omit the words from “, or” at the end of paragraph (a) to “as the case may be”;

  2. b

    for “an election held under those Acts” substitute “ a referendum ”.

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 “ 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.

Section 62A (offences relating to applications for postal and proxy votes) M11

In subsection (1)(a) after “election” insert “ or referendum ”.

Section 63 (breach of official duty) M12

In subsection (3) after “local government election” in both places insert “ or referendum ”.

In subsection (4)(a) after “election” insert “ or referendum ”.

Section 65 (tampering with ballot papers, etc.) M13

In subsection (1)—

  1. a

    after “election”, in the first place it occurs, insert “ or referendum ”, and

  2. b

    omit paragraph (a).

In subsection (3) for “clerk” substitute “ person ”.

Section 66 (requirement of secrecy) M14

For subsection (1)(b) substitute—

b

every polling observer, so attending,

Section 66A (prohibition of publication of exit polls) M15

In subsection (2) omit the “and” preceding paragraph (b) and after that paragraph insert—

; and

c

any referendum

Section 92 (broadcasting from outside the United Kingdom) M16

In subsection (1) after “local government election” insert “ or referendum ”.

Section 94 (imitation poll cards) M17

In subsection (2)—

  1. a

    after “section 36” insert “ above, or regulations made under section 45 of the Local Government Act 2000 ”, and

  2. b

    after “the rules”, insert “ or, as the case may be, the regulations ”.

Section 96 (schools and rooms for local election meetings) M18

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.

Omit subsection (2).

In subsection (3)—

  1. a

    for the words from “electoral area for which” to “that electoral area” substitute “ voting area ”, and

  2. b

    omit paragraph (b).

In subsection (4)—

  1. a

    omit the words “and paragraph 1(1) of Schedule 5 to this Act”,

  2. 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

  3. 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.

Section 97 (disturbances at election meetings) M19

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.

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 “ from giving his vote in the referendum in a voting area wholly or partly within the police area ”.

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—

; 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.

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 “ or at any referendum ”.

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 “ 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 ”.

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 “ or referendum ”.

Omit subsection (4)(a).

Section 200(1A) and (2) (public notices, and declarations) M36

Section 202 (interpretation) M37

Table 2 Representation of the People Act 2000 M38

(1) Provision

(2) Modification

Section 10 (pilot schemes for local elections in England and Wales) M39

In subsection (2)—

  1. a

    after “Representation of the People Acts”, insert “ or the Local Government Act 2000 ”, and

  2. b

    in paragraph (c) for “candidates” substitute “ any campaign organiser within the meaning of regulation 6 of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 ”.

In subsection (3)—

  1. a

    in paragraph (b) for “candidates” substitute “ campaign organisers ”, and

  2. b

    for “section 75(1) of the 1983 Act (restriction on third party election expenditure)” substitute “ regulation 6 of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 ”.

Omit subsection (4).

At the end of subsection (7)(a) insert “ or the Local Government Act 2000 ”.

In subsection (11) for the words after “means”, substitute “ a county or county borough council. ”

Section 12 (changes relating to absent voting at elections in Great Britain)

In subsection (1) at the end insert “ ; and as regards referendums ”.

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—

, and

c

in the case of a referendum, the Local Government Act Referendums Rules within the meaning of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008

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, “ or a referendum ”, “ or referendums ”, or “ or the referendum ”.

In paragraphs 3(1) and 3(2) for “or at both” substitute “ or at referendums ”.

In paragraphs 3(4)(a)(i) and 7(6)(a)(i) for “or both” substitute “ or referendums ”.

In paragraphs 6(7) and 7(4)(a) for “or at both” substitute “ or at referendums ”.

Table 3 Political Parties, Elections and Referendums Act 2000 M41

(1) Provision

(2) Modification

Section 6A (attendance of representatives of Commission at elections etc.)

After subsection (1)(b) insert—

;

c

proceedings relating to a referendum under the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 which are the responsibility of the counting officer.

Section 6B (observation of working practices by representatives of Commission)

After subsection (2) insert—

2A

A representative of the Commission may also observe the working practices of a counting officer at a referendum under the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008, and any person acting under the counting officer's direction.

Section 6C (accredited observers: individuals) Referendums)

In subsection (1) after “applies” insert “ or which is held under the Local Authorities (Conduct of (Wales) Regulations 2008 ”.

Section 6D (accredited observers: organisations) Referendums)

In subsection (1) after “applies” insert “ or which is held under the Local Authorities (Conduct of (Wales) Regulations 2008 ”.

Section 6E (attendance and conduct of observers)

For subsection (4)(c) substitute—

c

in the case of any other proceedings at a referendum to which Part 7 applies, the relevant counting officer (within the meaning of section 6A);

ca

in the case of any other proceedings at a referendum under the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008, the counting officer;

In subsection (4) for “or (c)” substitute “ , (c) or (ca) ”.

Table 4 Electoral Administration Act 2006 M42

(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 “ as applied by the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 ”.

Section 44 (access to other election documents: supplementary)

In subsection (5) for the words from “election documents” to “Northern Ireland)” substitute “ referendum documents are such documents relating to a referendum ”.

After subsection (7)(e) insert—

;

f

in relation to a referendum, a voting area within the meaning of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008.

Section 46 (returning officers: correction of procedural errors)

After subsection (3)(b) insert—

;

c

a referendum.

Omit subsection (6).

Section 69 (encouraging electoral participation)

After subsection (8)(b) insert—

;

c

a counting officer at a referendum.

Table 5 The Representation of the People (England and Wales) Regulations 2001 M43

(1) Provision

(2) Modification

Regulation 3 (interpretation) M44

At the end of paragraph (2)(b) insert—

, or

c

in the case of a referendum, the corresponding rule in the Local Government Act Referendums Rules within the meaning of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008.

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—

b

whether it is made for all or any of parliamentary elections, local government elections or referendums.

In paragraph (5)—

  1. a

    after “election”, in each place, insert “ or referendum ”, and

  2. b

    omit “elections”.

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 “ or referendum ”.

Regulation 57 (grant or refusal of applications) M56

In paragraph (5) after “election” insert “ or referendum ”.

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 “ those ”.

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:

a

the counting officer and his clerks,

b

persons who by virtue of rule 35(2)(a) to (e) of the Local Government Referendums Rules within the meaning of the Local Authorities (Conduct of Referendum) (Wales) Regulations 2008 are entitled to attend at the counting of the votes.

Regulation 69 (agents of candidates who may attend proceedings on receipt of postal ballot papers)

In paragraph (8) for “candidates or their agents” substitute “ persons entitled to be present by virtue of regulation 68 ”.

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 “ polling observers (if any) ”.

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 “ those persons who by virtue of rule 35(2)(a) to (e) of the Local Government Act Referendums Rules within the meaning of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 are entitled to attend at the counting of the votes ”.

Omit paragraph (2)(b).

Regulation 81 (postal ballot boxes and receptacles) M69

In paragraphs (3) and (4) for “the agents” substitute “ those ”.

Regulation 82 (receipt of covering envelopes)

Regulation 83 (opening of postal voters' ballot box)

In paragraph (1) for “the agents” substitute “ such of those who are entitled to attend as are present ”.

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 “ counting observers or agents or both (as the case may be) ”.

Regulation 85A (procedure in relation to postal voting statements: personal identifier verification) M73

In paragraph (4) for “agents” substitute “ counting observers or agents or both (as the case may be) ”.

Regulation 85B (Postal Voting Statements: additional personal identifier verification) M74

In paragraphs (3)(a) and (c) and (4) for “agents” substitute “ counting observers or agents or both (as the case may be) ”.

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 “ counting observers or agents or both (as the case may be) ”.

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—

2A

In the case of a referendum, the documents to be forwarded under paragraph (1) are to be forwarded to the registration officer of the local authority by or in respect of which the referendum is held.

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 “ *[[insert name of council] REFERENDUM] ”.

Omit “Constituency” and “Polling District”.

For “European Parliamentary electoral region” substitute “ Referendum voting area .................... ”.

For the words from “*[who qualifies” to “electoral region]]”, substitute “ to vote for that person at the referendum on (insert date) ”.

Omit “*[This proxy appointment is not valid until ....................]” and “*[This proxy appointment remains valid until ....................]”.

For paragraph 2 of the note substitute —

2

Your appointment as proxy will be for the referendum only. You have the right to vote as proxy only at the referendum specified in the proxy paper.