The Local Authorities (Conduct of Referendums) (England) Regulations 2001

PART III Modifications of the Principal Areas Rules

TABLE

(1)	(2)
Rule	Modification
Rule 18 (notice of poll)	Add at the end— “(4) The notice published under paragraph (3) shall— (a) state that the poll is to be taken together with the poll at the referendum; and (b) where the polls are to be taken together in part of the local authority area only, specify that part.”
Rule 22 (issue of official poll cards)	Add at the end— “(5) A single official poll card may be issued in respect of both the election and the referendum.”
Rule 23 (equipment of polling stations)	For paragraph (4) substitute— “(4) A notice in the following form shall be printed in conspicuous characters and exhibited inside and outside every polling station— “GUIDANCE FOR VOTERS 1.   When you are given ballot papers, make sure they are stamped with the official mark. 2.   Go to one of the voting compartments. Mark a cross (X) in the box on the right hand side of the ballot paper opposite the name(s) of the candidate(s) you are voting for. Vote only for the number of candidates specified on the ballot paper for the election. 3.   Put no other mark on the ballot paper or your vote may not be counted. 4.   Fold each ballot paper in two. Show the official mark on each ballot paper to the presiding officer, but do not let anyone see your vote. Put each ballot paper in the ballot box and leave the polling station. 5.   If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.”.” For paragraph (5) substitute— “(5) In every compartment of every polling station there shall be exhibited notices in the appropriate form, which shall be printed on paper of the same colour as that of the ballot papers for use at the election or referendum to which the notice in question relates.” In paragraph (8), after “particulars of the candidate”, insert “, or the answer,”. After paragraph (9), insert— “(9A) In relation to the poll at a referendum, paragraph (9) shall have effect as if, for “numbered”, “number of” and “the candidate whose particulars are”, there were substituted “worded”, “word on” and “the answer which is”, respectively.”. In paragraph (10), after “tab”, insert “or, as the case may be, the word on each tab,”.
Rule 26 (admission to polling station)(1)	In paragraph (l), after sub-paragraph (e), insert “(f) any person entitled under regulation 11(3) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001, or rule 26(1) of the Local Elections (Principal Areas) Rules 1986, as applied for the purposes of referendums under those Regulations,”(2) In paragraph (3) after “Appendix” insert “with the following modifications— (a) immediately below “REPRESENTATION OF THE PEOPLE ACTS” insert “LOCAL GOVERNMENT ELECTION AND REFERENDUM”; (b) after “at the election” insert “and referendum”; and (c) after “with the election” insert “and referendum”.”.
Rule 31 (voting procedure)	After paragraph (3) insert— “(4) The same copy of the register of electors may be used under paragraph (1) for the election and the referendum and one mark may be placed in that register under paragraph (1)(d), or in the list of proxies under paragraph (1)(e), to denote that a ballot paper has been received in respect of both polls; except that, where a ballot paper has been issued in respect of one poll only, a different mark shall be placed in the register or in the list of proxies so as to identify the poll in respect of which the ballot paper was issued.”
Rule 32 (votes marked by presiding officer)	At the end of paragraph (2) add— “The same list may be used for the poll at the election and the poll at the referendum and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each poll, unless the list identifies the poll at which the ballot paper was so marked.”
Rule 33 (voting by persons with disabilities)(3)	After paragraph (4) insert— “(4A) The same list may be used for the poll at the election and the poll at the referendum and, where it is so used, an entry in that list shall be taken to mean that the votes were so given in respect of each poll, unless the list identifies the poll at which the vote was so given.”
Rule 34 (tendered ballot papers)	At the end of paragraph (3) add— “The same list may be used for the poll at the election and the poll at the referendum and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each poll, unless the list identifies the poll at which a tendered ballot paper was marked.”.
Rule 37 (procedure on close of poll)	After paragraph (1) insert— “(1A) The contents of the packets referred to in sub-paragraphs (b), (c) and (e) of paragraph (1) shall not be combined with the contents of the packets made under those sub-paragraphs of the LGA Referendum Rules; nor shall the statement prepared under paragraph (3) be combined with the statement prepared under that paragraph of those Rules.”
Rule 38 (attendance at counting of votes)	In paragraph (2), after sub-paragraph (d), insert— “(e) any person entitled under regulation 13(5) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001”(4).
Rule 39 (the count)(5)	For paragraphs (1) and (2) substitute— “(1) The returning officer shall— (a) in the presence of the counting agents and the counting observers open each ballot box and record separately the number of ballot papers used in each poll; (b) in the presence of the election agents and the counting observers verify each ballot paper account in accordance with paragraph (2) below; (c) count such of the postal ballot papers as have been duly returned and record separately the number counted at each poll; and (d) separate the ballot papers relating to the referendum from the ballot papers relating to the parliamentary election, the European Parliamentary election or, as the case may be, the ordinary election. (1A) The returning officer shall— (a) make up into packets the ballot papers for the referendum, and seal them up in separate containers, endorsing on each a description of the area to which the ballot papers relate; (b) deliver, or cause to be delivered, to the counting officer for the referendum— (i) the container of ballot papers relating to the referendum; and (ii) the ballot paper account relating to the referendum, and a copy of the statement as to its verification; and (c) at the same time deliver, or cause to be delivered, to that officer, packets that so relate containing— (i) the unused and spoilt ballot papers; (ii) the tendered ballot papers; and (iii) the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll. (2) The returning officer shall verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt ballot papers in his possession and the tendered votes (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and shall draw up a statement as to the result of the verification, which any election agent or counting observer present at the verification may copy.” For paragraph (6) substitute— “(6) The returning officer shall mix together all of the ballot papers used at the election and proceed in accordance with the election rules. (6A) The counting officer shall mix together all of the ballot papers used at the referendum and proceed in accordance with the LGA Referendum Rules.”.
Rule 49 (countermand or abandonment of poll)	Add at the end of paragraph (1)— “Provided that neither the countermand of the poll at the election nor the direction that the poll be abandoned shall affect the poll at the referendum. Substitute for paragraph (2)— “(2) Where the poll at the election is abandoned, no further ballot papers for that election shall be delivered in any polling station and, at the close of the poll for the referendum, the presiding officer shall take the like steps for the delivery to the returning officer of ballot boxes and of papers and other documents as he would be required to do if the poll at that election had not been abandoned, and the returning officer shall dispose of ballot papers used at that election and other documents in his possession as he is required to do on the completion in due course of the counting of votes, but— (a) it shall not be necessary for any ballot paper account to be prepared or verified; and (b) the returning officer, having, where necessary, separated the ballot papers relating to the referendum, shall take no step or further step for the counting of the ballot papers or of the votes relating to the election and shall seal up all of those ballot papers, whether the votes on them have been counted or not; and (c) it shall not be necessary to seal up counted and rejected ballot papers in separate packets.””
In the Appendix Form of declaration of identity for use where postal votes are combined	In the Form of declaration of identity— (a) after “REPRESENTATION OF THE PEOPLE ACTS”, insert “[name of Council] REFERENDUM”; (b) for “Ballot Paper No.”, substitute “Ballot Paper Nos.”; (c) for “the ballot paper numbered as above was sent”, substitute “the ballot papers numbered as above were sent”; (d) in paragraph 2 of the Instructions to the Voter, after “one candidate only.)]”, insert “In the referendum, vote once only.”; (e) in paragraph 3 of those Instructions, for “the ballot paper”, substitute “each ballot paper”; and (f) in paragraph 7 of those Instructions, for “With your application you must return”, substitute “If you do this you MUST RETURN ALL THE BALLOT PAPERS YOU HAVE RECEIVED, together with the spoilt paper. In addition, in your application for fresh postal ballot papers you MUST RETURN”.
Form of declaration of identity for use where there are separate postal votes	In the Form of declaration of identity— (a) after “REPRESENTATION OF THE PEOPLE ACTS”, insert “To be returned with the [insert colour of ballot paper] coloured ballot paper No. ... ... ... ...”; (b) after “the person to whom”, insert “[insert colour of ballot paper]”; (c) in paragraph 1 of the Instructions to the Voter, after “known to you.”, insert “You are required to do this even if you have already signed a declaration of identity in respect of another election or referendum to be held on the same day.”; (d) in paragraph 2 of those Instructions, omit “[(Vote for one candidate only)]”; and (e) for paragraph 4 of those Instructions, substitute— “4.   Different colours are used for the ballot papers for [each][the] election and referendum. Each ballot paper has its own ballot paper envelope (the smaller envelope marked “A”), declaration of identity and covering envelope (the larger envelope marked “B”). The covering envelope and declaration for a particular ballot paper are those which refer to the colour of that ballot paper. It is important that you use the correct envelopes and declaration of identity, otherwise your vote may not be counted. You may find it helpful to sort the documents into separate sets, each consisting of a ballot paper, ballot paper envelope, declaration of identity and covering envelope. Then proceed as follows: (a) place [each][the] ballot paper in the correct smaller envelope and seal it; (b) put that envelope, together with the correct declaration of identity, in the correct covering envelope and seal it; (c) return the covering envelopes without delay. Ballot papers must be received by the returning officer not later than the close of the poll.”.
Form of declaration to be made by the companion of a voter with disabilities(6)	After “this electoral area” insert “and the referendum now being held in that area”. After “said election” in each place insert “and that referendum”.

(1)

Rule 26 was amended by S.I. 2001/81, rule 9.

(2)

The persons referred to are polling observers and petition organisers. Rule 26(1) of the Principal Areas Rules is applied, with modifications, in relation to petition organisers, by regulation 8 of, and Table 3 of Schedule 3 to these Regulations.

(3)

Rule 33 was substituted by S.I. 2001/81, rule 10.

(4)

The persons referred to are the counting officer, counting observers, petition organisers and others permitted by the counting officer to attend for the purposes of the referendum.

(5)

Rule 39 was amended by S.I. 2001/81, rule 12.

(6)

The form was amended by S.I. 2001/81, rule 15.