The European Union Referendum (Conduct) Regulations 2016

1. Introductory Text

2. PART 1 INTRODUCTORY

   1. 1. Citation and commencement

   2. 2. Extent

   3. 3. Interpretation

3. PART 2 REGULATIONS FOR THE CONDUCT OF THE REFERENDUM IN THE UNITED KINGDOM

   1. Application and interpretation

      1. 4. Part to apply in United Kingdom and not Gibraltar

      2. 5. Interpretation

   2. Time

      1. 6. Timetable

      2. 7. Computation of time

   3. General provisions

      1. 8. Notice of referendum

      2. 9. Poll to be taken by ballot

      3. 10. The ballot paper

      4. 11. Corresponding number list

      5. 12. The official mark

      6. 13. Prohibition of disclosure of vote

      7. 14. Use of schools and public rooms

      8. 15. Modification of forms

   4. Action to be taken before the poll

      1. 16. Notice of poll

      2. 17. Postal ballot papers

      3. 18. Provision of polling stations

      4. 19. Appointment of presiding officers and clerks

      5. 20. Issue of official poll cards

      6. 21. Notification that certain electors entitled to absent vote

      7. 22. Equipment of polling stations

      8. 23. Appointment of polling and counting agents

      9. 24. Notification of requirement of secrecy

      10. 25. Return of postal ballot papers

   5. The poll

      1. 26. Admission to polling station

      2. 27. Keeping of order in polling station

      3. 28. Sealing of ballot boxes

      4. 29. Questions to be put to voters

      5. 30. Challenge of voter

      6. 31. Voting procedure

      7. 32. (1) In Northern Ireland a ballot paper must not be...

      8. 33. (1) This regulation applies where there is a duty to...

      9. 34. (1) Immediately after receiving a ballot paper the voter must—...

      10. 35. Votes marked by presiding officer

      11. 36. Voting by people with disabilities

      12. 37. Tendered ballot papers

      13. 38. (1) Tendered ballot papers must be a different colour from...

      14. 39. Tendered postal ballot papers: anonymous entries in Northern Ireland

      15. 40. Refusal to deliver ballot paper

      16. 41. Spoilt ballot papers

      17. 42. Correction of errors on day of poll

      18. 43. Adjournment of poll in case of riot

      19. 44. Procedure on close of poll

   6. Counting of votes

      1. 45. Attendance at the count

      2. 46. The count

      3. 47. Re-count

      4. 48. Rejected ballot papers

      5. 49. Direction to conduct re-count

      6. 50. Decisions on ballot papers

   7. Final proceedings

      1. 51. Declaration by counting officers

      2. 52. (1) This regulation applies to— (a) the counting officer for...

      3. 53. Declaration by Regional Counting Officers

      4. 54. Declaration of referendum result by Chief Counting Officer

   8. Disposal of documents

      1. 55. Sealing up of ballot papers

      2. 56. Delivery or retention of documents

      3. 57. Orders for production of documents

      4. 58. Retention and public inspection of documents

4. PART 3 ABSENT VOTING IN THE REFERENDUM IN THE UNITED KINGDOM

   1. CHAPTER 1 GREAT BRITAIN

      1. 59. Overview and interpretation

      2. 60. Manner of voting in the referendum

      3. 61. Entitlement to vote by post or by proxy

      4. 62. Application to vote by post or by proxy in the referendum

      5. 63. Absent voters lists

      6. 64. Proxies

      7. 65. (1) Subject to what follows, where a relevant proxy appointment...

      8. 66. Voting as proxy

      9. 67. Use of personal identifier information

      10. 68. Information contained in records kept by a registration officer in...

      11. 69. Offences

   2. CHAPTER 2 NORTHERN IRELAND

      1. 70. Overview and interpretation

      2. 71. Manner of voting in the referendum

      3. 72. Entitlement to vote by post or by proxy

      4. 73. Application to vote by post or by proxy in the referendum

      5. 74. Absent voters lists

      6. 75. Proxies

      7. 76. (1) Subject to what follows, where a relevant proxy appointment...

      8. 77. Voting as proxy

      9. 78. Offences

5. PART 4 APPLICATION AND AMENDMENT OF EXISTING LEGISLATION

   1. 79. Application of provisions of the Representation of the People Act 1983

   2. 80. Application of provisions of other Acts

   3. 81. Application of existing provisions of regulations

   4. 82. Amendment of the European Parliamentary Elections Regulations 2004

6. PART 5 SUPPLEMENTARY

   1. 83. Forms

7. Signature

8. 1. SCHEDULE 1

      APPLICATION OF PROVISIONS OF THE REPRESENTATION OF THE PEOPLE ACT 1983

      1. PART 1 INTERPRETATION AND EXTENT

         1. 1. Interpretation of applied provisions: general

         2. 2. Meaning of “vote” in applied provisions

         3. 3. Extent of section 52 of the 1983 Act

      2. PART 2 APPLICATION OF PROVISIONS

         1. 4. Alteration of registers pending the referendum: England, Wales and Scotland

         2. 5. Alteration of registers pending the referendum: Northern Ireland

         3. 6. Loan of equipment

         4. 7. Effect of registers

         5. 8. Effect of misdescription

         6. 9. Discharge of registration duties

         7. 10. Payment of expenses of registration

         8. 11. Registration appeals: England and Wales and Scotland

         9. 12. Registration appeals: Northern Ireland

         10. 13. Offence of personation

         11. 14. Other voting offences

         12. 15. Offences relating to applications for absent voting

         13. 16. Breach of official duty

         14. 17. Tampering with papers

         15. 18. Requirement of secrecy

         16. 19. Prohibition on publication of exit polls

         17. 20. Failure to comply with conditions relating to supply etc of documents

         18. 21. Broadcasting from outside UK

         19. 22. Imitation poll cards

         20. 23. Disturbances at meetings

         21. 24. Premises used for referendum meetings in Scotland or Northern Ireland

         22. 25. Officials not to act for candidates

         23. 26. Illegal canvassing by police officers

         24. 27. Payments for exhibition of election notices

         25. 28. Prohibition of paid canvassers

         26. 29. Providing money etc for illegal purposes

         27. 30. Bribery

         28. 31. Treating

         29. 32. Undue influence

         30. 33. Rights of creditors where applied provision prohibits payments

         31. 34. Saving for employees to be absent for voting

         32. 35. Computation of time

         33. 36. Application for relief

         34. 37. Powers of court on conviction of corrupt practice

         35. 38. Prosecution and conviction of illegal practice and illegal payments

         36. 39. Time limit for prosecutions

         37. 40. Prosecution of offences committed outside the United Kingdom

         38. 41. Offences by associations

         39. 42. Director of Public Prosecutions

         40. 43. Service of notices

         41. 44. Computation of time for purposes of Part 3

         42. 45. Translations etc of certain documents

         43. 46. General interpretation

         44. 47. General application to Scotland

         45. 48. General application to Northern Ireland

         46. 49. Premises used for poll: Scotland and Northern Ireland

   2. SCHEDULE 2

      APPLICATION OF PROVISIONS OF OTHER ACTS

      1. PART 1 POLITICAL PARTIES, ELECTIONS AND REFERENDUMS ACT 2000

         1. 1. Attendance of representatives of Electoral Commission at referendum proceedings

         2. 2. Observation of working practices by representatives of the Electoral Commission

         3. 3. Accredited observers of referendum proceedings

         4. 4. Section 6D of the 2000 Act has effect for the...

         5. 5. Provision to the Electoral Commission of information about expenditure

         6. 6. Right to use rooms for holding public meetings

      2. PART 2 APPLICATION OF OTHER ENACTMENTS

         1. 7. Premises used for referendum purposes in England and Wales

         2. 8. Restriction on powers of arrest at polling station by persons other than constables

   3. SCHEDULE 3

      APPLICATION OF EXISTING PROVISIONS OF REGULATIONS

      1. PART 1 THE 2001 REGULATIONS (ENGLAND AND WALES) AND THE 2001 REGULATIONS (SCOTLAND)

         1. 1. Preliminary

         2. 2. The following provisions of the relevant regulations apply for the...

         3. 3. Forms

         4. 4. Computation of time

         5. 5. Restriction on supply etc of record of anonymous entries

         6. 6. General requirements for applications for an absent vote

         7. 7. Signature of application for absent vote

         8. 8. Address to which to send ballot paper: requirements if different to address in application

         9. 9. Address to which to send ballot paper: requirements if different to address in records

         10. 10. Applications for appointment of a proxy

         11. 11. Additional requirements for applications for proxy to vote

         12. 12. Closing date for applications

         13. 13. Grant or refusal of applications

         14. 14. Cancellation of proxy appointment

         15. 15. Requirement to provide fresh signatures every 5 years

         16. 16. Records and lists

         17. 17. Conditions on use, supply and inspection of absent voter records or lists

         18. 18. Personal identifiers record

         19. 19. Notification of rejected postal voting statement

         20. 20. Interpretation of Part 5

         21. 21. Persons entitled to be present at proceedings on issue of postal ballot papers

         22. 22. Persons entitled to be present at proceedings on receipt of postal ballot papers

         23. 23. Agents of candidate who may attend proceedings on receipt of postal ballot papers

         24. 24. Notification of requirement of secrecy

         25. 25. Time when postal ballot papers are to be issued

         26. 26. Procedure on issue of postal ballot papers

         27. 27. Refusal to issue ballot paper

         28. 28. Envelopes

         29. 29. Sealing up of completed corresponding number lists

         30. 30. Delivery of postal ballot papers

         31. 31. Spoilt postal ballot papers

         32. 32. Lost postal ballot papers

         33. 33. Cancellation of postal ballot papers

         34. 34. Alternative means of returning postal ballot paper or postal voting statement: England and Wales

         35. 35. Alternative means of returning postal ballot paper or postal voting statement: Scotland

         36. 36. Notice of opening of postal ballot paper envelopes

         37. 37. Postal ballot boxes and receptacles

         38. 38. Receipt of covering envelope

         39. 39. Opening of postal voters’ ballot box

         40. 40. Opening of covering envelopes

         41. 41. Confirming receipt of postal voting statements

         42. 42. Procedure in relation to postal voting statements: personal identifier verification

         43. 43. Opening of ballot paper envelopes

         44. 44. Retrieval of cancelled postal ballot papers

         45. 45. Lists of rejected postal ballot papers

         46. 46. Checking of lists of rejected postal ballot papers

         47. 47. Sealing of receptacles

         48. 48. Forwarding or retention of documents: England and Wales

         49. 49. Retention of documents: Scotland

         50. 50. Forwarding of documents: Scotland

         51. 51. Interpretation and application of Part 6: England and Wales

         52. 52. Restriction on supply etc of full register: England and Wales

         53. 53. Restriction on supply etc of full register: Scotland

         54. 54. Supply of free copy of full register for electoral purposes and restrictions on use: Scotland

         55. 55. Supply of free copy of full register for electoral purposes and restrictions on use: England and Wales

         56. 56. Offences: England and Wales

         57. 57. Offences: Scotland

         58. 58. Interpretation of Part 7: England and Wales

         59. 59. Interpretation of Part 7: Scotland

         60. 60. Supply of marked registers and lists after an election: England and Wales

         61. 61. Supply of marked registers and lists after an election: Scotland

         62. 62. Inspection of documents open to public inspection

         63. 63. For the purposes of the referendum, in regulation 118 of...

         64. 64. Conditions on use, supply and disclosure of documents open to public inspection

         65. 65. Form K: statement as to postal ballot papers

      2. PART 2 THE 2008 REGULATIONS (NORTHERN IRELAND)

         1. 66. Preliminary

         2. 67. The following provisions of the 2008 Regulations apply for the...

         3. 68. Forms

         4. 69. Communication of notices made on polling day

         5. 70. Interpretation of Part 4

         6. 71. General requirements for applications for an absent vote

         7. 72. Address to which to send ballot paper: requirements if different to address in application

         8. 73. Address to which to send ballot paper: requirements if different to address in records

         9. 74. Additional requirements for applications for appointment of a proxy

         10. 75. Additional requirements for applications in respect of a particular election

         11. 76. Additional requirements for applications by proxies to vote by post at a particular election

         12. 77. Closing date for applications

         13. 78. Grant or refusal of applications

         14. 79. Cancellation of proxy appointment

         15. 80. Records and lists

         16. 81. Interpretation of Part 5

         17. 82. Time when postal ballot papers are to be issued

         18. 83. Persons entitled to be present at proceedings on issue and receipt of postal ballot papers

         19. 84. Agents of candidate who may attend proceedings on issue or receipt of postal ballot papers

         20. 85. Notification of requirement of secrecy

         21. 86. Notice of issue of postal ballot papers

         22. 87. Procedure on issue of postal ballot paper

         23. 88. Refusal to issue ballot paper

         24. 89. Envelopes

         25. 90. Sealing up of completed corresponding number lists

         26. 91. Delivery of postal ballot papers

         27. 92. Spoilt postal ballot papers

         28. 93. Tendered postal ballot papers

         29. 94. Notice of opening of postal ballot paper envelopes

         30. 95. Postal ballot boxes and receptacles

         31. 96. Receipt of covering envelope

         32. 97. Opening of postal voters’ ballot box

         33. 98. Opening of covering envelopes

         34. 99. Procedure in relation to declarations of identity

         35. 100. Opening of ballot paper envelopes

         36. 101. Sealing of receptacles

         37. 102. Forwarding of documents

         38. 103. Restriction on supply etc of full register

         39. 104. Interpretation of Part 7

         40. 105. Supply of marked registers and lists after an election

         41. 106. Inspection of documents open to public inspection

         42. 107. Conditions on use, supply and disclosure of documents open to public inspection

         43. 108. Form N: statement as to postal ballot papers

      3. PART 3 OTHER REGULATIONS

         1. 109. Control of advertisements

         2. 110. The Town and Country Planning (Control of Advertisements) (Scotland) Regulations...

         3. 111. The Planning (Control of Advertisements) Regulations (Northern Ireland) 2015 apply...

         4. 112. Right of audience and right to conduct litigation

         5. 113. Provision of information regarding proxies

         6. 114. Persons convicted of corrupt or illegal practices: Gibraltar

         7. 115. Regulation 112 of the European Parliamentary Elections Regulations 2004 applies...

   4. SCHEDULE 4

      FORMS

9. Explanatory Note