The European Union Referendum (Conduct) Regulations 2016

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

4.—(1) In relation to England, Wales and Scotland, section 13AB of the 1983 Act(1) applies for the purposes of the referendum but as if—

(a) in subsection (1)(b) for “the relevant election area” there were substituted “the area for which the registration officer acts”,

(b) in subsection (4) for “an election to which this section applies” there were substituted “the referendum”,

(c) in subsection (5) for “the last day on which nomination papers may be delivered to the returning officer for the purposes of the election” there were substituted “the nineteenth working day before the date of the poll for the referendum”,

(d) subsection (8) were omitted,

(e) the reference in subsection (9) to subsection (5) of section 13B were to that subsection as applied by sub-paragraph (2) below, and

(f) after subsection (9) there were inserted—

“(10) In this section “working day” means a day that is not—

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day, Good Friday or any other day that is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom,

(c) a bank holiday or public holiday in Gibraltar under the Gibraltar Acts titled the Banking and Financial Dealings Act and the Interpretation and General Clauses Act, or

(d) a day appointed in any part of the United Kingdom or Gibraltar as a day of public thanksgiving or mourning.”

(2) In relation to England, Wales and Scotland, section 13B of the 1983 Act(2) applies for the purposes of the referendum but as if—

(a) in subsection (1), for each of “an election to which this section applies” and “the election” there were substituted “the referendum”,

(b) in each of subsections (2), (3A) and (3C)—

(i) for “an election to which this section applies” there were substituted “the referendum”, and

(ii) for “the relevant election area” there were substituted “the area for which the registration officer acts”,

(c) subsection (4) were omitted, and

(d) in subsection (5)—

(i) in the definition of “the appropriate publication date”, for “an election to which this section applies” there were substituted “the referendum”, and

(ii) the definitions of “the final nomination day” and “the relevant election area” were omitted.

(3) A reference in any enactment to section 13AB or 13B of the 1983 Act includes (where the context allows) a reference to that section as applied by this paragraph.

(4) Sub-paragraph (3) has effect, in relation to any register, until the first publication after the referendum of a revised version of the register under section 13 of the 1983 Act.

(1)

Section 13AB was inserted by section 16(1) and (3) of the Electoral Registration and Administration Act 2013 (c.6) and was amended by paragraphs 1 and 4 of Schedule 2 to the Recall of MPs Act 2015 (c.25).

(2)

Section 13B was inserted by paragraphs 1 and 6 of Schedule 1 to the Representation of the People Act 2000 (c.2) was amended by section 11 of the Electoral Administration Act 2006 (c.22), section 6(1) of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c.33), paragraph 3 of Schedule 10 to the Police Reform and Social Responsibility Act 2011 (c.13) and section 16 of, and paragraphs 1 and 13 of Schedule 4 to, the Electoral Registration and Administration Act 2013 (c.6).