The National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010

Article 27

SCHEDULE 5 APPLICATION AND MODIFICATIONS OF ENACTMENTS(1) RELATING TO ELECTIONS

General

1.  The provisions set out in column (1) of the Table below have effect in relation to the referendum with the modifications(2) (if any) shown against those provisions in column (2) of that Table and any other necessary modifications.

Table

(1) Provision	(2) Modification
The 2000 Act
Section 10(3) (Giving of advice and assistance by the Commission)	In subsection (3)(a) for sub-paragraph (ii) substitute “(ii) counting officers for the referendum held under the National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010.”.
Schedule 12 (assistance available to designated organisations), paragraph 1 (right to send referendum address post free)	Omit sub-paragraph (3) and after paragraph 1 insert – “(1A) Paragraphs (1B) to (1E ) apply where any postal services are provided without charge by a universal service provider under paragraph 1 in relation to the referendum held under the National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010. (1B) The universal service provider is entitled to be remunerated for having provided services at the rate determined by or in accordance with a scheme under section 89 of the Postal Services Act 2000. (1C) The amount of such remuneration due to the universal service provider must be paid by the Welsh Ministers. (1D) The sums payable by the Welsh Ministers under paragraph (1C) are to be charged on the Welsh Consolidated Fund. (1E) In paragraph (1A), “postal services” has the same meaning as in the Postal Services Act 2000.”.
Electoral Administration Act 2006
Section 69 (encouraging electoral participation), sub-sections (1), (2) and (4) to (8).	For subsection (1) substitute — “(1) A local electoral officer must take such steps as he thinks appropriate to encourage participation by electors in the area for which he acts in the referendum (in this section referred to as “the referendum”) held under the National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010”. In subsection (8) for paragraph (b) substitute— “(b) a counting officer for the referendum”.
The 2001 Regulations
Regulation 116 (Interpretation of Part 7)	In paragraph (1), for “ regulation 91 above and rule 55(1)(e) of the elections rules”, substitute “paragraph 27 of Schedule 2 to the 2010 Order and by virtue of rule 42(2)(f) of the Referendum Rules”. After paragraph (1), insert— “(1A) In this Part references to “the 2010 Order” mean the National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010; “the referendum” means the referendum in Wales held under the 2010 Order; “the Referendum Rules” mean the rules in Schedule 3 to the 2010 Order”; and “the relevant registration officer” are to the relevant registration officer within the meaning of rule 42(3) of the Referendum Rules.”. In paragraph (2) for “regulation 56” substitute “rule 2 of the Referendum Rules”. In paragraph (4) for “section 52(1) of the 1983 Act”, substitute “paragraph 17(1) of Schedule 1 to the 2010 Order”.
Regulation 117 (supply of marked registers and lists after an election)	For paragraph (1) substitute — “(1) Any person entitled to be supplied in accordance with regulations 100, 106, 109 or 113 with copies of the full register is also a person entitled, subject to this regulation and regulation 119, to request that a relevant registration officer supply copies of the relevant part (within the meaning of those regulations) of the marked register or lists he is required to keep.”. After paragraph (1), insert “(1A) The reference in paragraph (1) to a person entitled to be supplied in accordance with regulation 106 with copies of the full register does not include a person mentioned in regulation 106(1)(b)”. In paragraph (2)— “(a) for “regulation 103, 105, 106 or 108 before a particular election” substitute “regulation 106(1)(a) or (c) before the referendum”; and (b) for “that election for which the marked register or list was prepared”, substitute “the referendum”.” In paragraph (5), for “regulation 61” substitute “paragraph 21 of Schedule 1 to the 2010 Order”. In paragraph (6)(b), for “regulations 100, 103, 105, 106,108, 109 or 113” substitute “regulations 100, 106, 109 and 113”. In paragraph (7), for “regulations 100(3), 103(3), 106(3), 108(5) and 109(3)” substitute “regulations 100(3), 106(8) and 109(3)”.
Regulation 118 (inspection of documents open to public inspection)	In paragraph (1)(b)— (a) for “an election” substitute “the referendum”; and (b) in paragraph (iii), for “ the election” substitute “the referendum”.
Regulation 119 (conditions on the use, supply and disclosure of documents open to public inspection)	In paragraph (2), omit “either” and after sub-paragraph (ii) insert “, or (iii) any purpose in connection with the referendum”.
Regulation 120 (calculating the fee for supply of marked registers or lists)
The Encouraging Electoral Participation (Reimbursement of Expenses ) (England and Wales) Regulations 2006(4)
	These Regulations apply as if the reference in regulation 2 to section 69(4) of the Electoral Administration Act 2006 included a reference to that sub-section as modified by this Schedule.

(1)

For the meaning of “enactment” see section 158(1) of the Government of Wales Act 2006.

(2)

For further meaning of modification see the said section 158(1).

(3)

To which there are amendments not relevant to this Order.

(4)

S.I.2006/2972