Licensing Act 1964 (repealed)

67 Supplementary provisions for Welsh Sunday polls. E+W

(1) The following provisions of this section shall apply in relation to a poll under section 66 of this Act.

(2) Subject to the provisions of Schedule 8 to this Act—

(a) the poll shall be conducted, and the expenses thereof paid, in all respects as if polls were being held throughout the [F1 district] at an ordinary election of [F1 district] councillors; and

(b) all persons having any duties in connection with the conduct of such an election shall have the like duties in connection with the poll.

(3) When the number of votes cast on either side has been ascertained for the whole of any [F1 district], the [F1 chairman of the district council] shall declare the result of the poll, and shall deliver a certificate of the result, signed by him, to the [F1 proper officer of the district council].

(4) If the decision on the poll is that subsection (1) of section 66 of this Act shall not apply where it applied before, or shall apply where it did not apply before, the decision shall take effect with the first Sunday not earlier than the fourth day after the date of the poll; and if the decision is that that subsection shall not apply where it applied before, any condition in a licence previously granted for premises in the [F1 district] under which the licence is a six-day licence shall be void (but without prejudice to the right to have such a condition re-inserted on the next or any subsequent application for a licence).

(5) The following provisions of the [F2 Representation of the M1 People Act 1983] shall apply as if the poll were a poll at an ordinary election of [F1 district] councillors, that is to say—

(a) [F2 section 60, section 61] except subsections (1) and (4), and in [F2 section 65] subsection (1), except paragraph (a), and subsection (5) (which relate to personation, plural voting and other frauds in connection with voting);

(b) [F2 section 66] (which contains provision for preventing disclosure of the candidate for whom a person votes and generally for securing the secrecy of the ballot);

(c) [F2 sections 113 to 115] (which make bribery, treating and undue influence corrupt practices);

(d) [F2 sections 168 to 170 and 173], so far as they relate to offences under any provision mentioned in the foregoing paragraphs prosecuted on indictment or in a magistrates’ court;

but as if—

(i) in [F2 section 66] for the words “the candidate for whom" and for the words “the name of the candidate for whom" there were substituted the words “the result for which" and paragraph (b) of subsection (1) (which relates to the obligations of candidates and their agents) were omitted; and

(ii) in [F2 section 113] for the references to procuring the return of any person at an election there were substituted references to procuring one or other result of the poll.

(6) If, with intent to influence persons to give or refrain from giving their votes at the poll, any person, after the end of the period allowed for delivering requisition papers, publishes an advertisement in a newspaper or other periodical or procures an advertisement to be so published, he shall be guilty of an illegal practice, and [F3 sections 169 and 173 of the Representation of the M2 People Act 1983] shall apply so far as they relate to offences prosecuted in a magistrates’ court; but the court before whom a person is convicted under this subsection may, if it thinks it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of [F3 section 173].

Textual Amendments

F1 Words substituted by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 25 para. 4

F2 Words substituted by Representation of the People Act 1983 (c. 2, SIF 42), Sch. 8 para. 8

F3 Words substituted by Representation of the People Act 1983 (c. 2, SIF 42), Sch. 8 para. 9

Marginal Citations

M1 1983 c. 2 (42).

M2 1983 c. 2 (42).