SCHEDULE 2MODIFICATIONS OF ACTS AND STATUTORY INSTRUMENTS
PART 1TABLE
Representation of the People Act 2000
(1) | (2) |
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Provision | Modification |
Section 12 (changes relating to absent voting at elections in Great Britain) | |
Section 12(1) | In subsection (1), after “shall have effect” insert “as regards referendums held in England under the Regional Assembly (Preparations) Act 2003, and”. |
Schedule 4 (absent voting in Great Britain) | |
In paragraph 1(1) (interpretation) | In the definition of “the appropriate rules”, at the end of paragraph (b) insert— |
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Paragraph 2 (manner of voting at parliamentary or local government elections) | In sub-paragraph (1), at the end insert “or referendum”. |
For sub-paragraphs (2) to (6) substitute— | |
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In sub-paragraph (7) after “election” wherever it appears insert “or referendum”. | |
In sub-paragraph (7)(b), for “so far as it has”, substitute “and the Regional Assembly and Local Government Referendums Order 2004 so far as they have”. | |
After sub-paragraph (7)(b), insert “without prejudice to paragraphs 2(2) and (3).” | |
Paragraph 3 (absent vote at elections for definite or indefinite period) | After sub-paragraph 4, insert— |
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Paragraph 4 (absent vote at particular election) | Omit sub-paragraph (1). |
For sub-paragraphs (2) and (3), substitute— | |
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In sub-paragraph (4)(b)—
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After paragraph 4, insert— | |
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Paragraph 5 (absent voters list) | After sub-paragraph (3), insert— |
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Paragraph 6 (proxies at elections) | After sub-paragraph (1), insert— |
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In sub-paragraph (2), at the end of sub-paragraph (b), insert— | |
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After sub-paragraph (4), insert— | |
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In sub-paragraph (5), after “local government election” insert “or a referendum”. | |
In sub-paragraph (6), after sub-paragraph (b), insert— | |
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After sub-paragraph (7) insert— | |
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After sub-paragraph (8) insert— | |
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In sub-paragraph (10)—
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Paragraph 7 (voting as proxy) | For sub-paragraph (1) substitute— |
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Omit sub-paragraphs (2) and (3). | |
In sub-paragraph (4), omit the word “or” at the end of sub-paragraph (a) and omit sub-paragraph (b). | |
For sub-paragraph (5), substitute— | |
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In sub-paragraph (6)(a) for “parliamentary elections, local government elections or both” substitute “local government elections”. | |
Omit sub-paragraph (7). | |
For sub-paragraph (8) substitute— | |
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Paragraph 8 (offences) | In sub-paragraph (b) after “4” insert “or 4A”. |
PART 2TABLE
Representation of the People Act 1983
(1) | (2) |
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Provision | Modification |
Section 35(4) (appointments by returning officers)29 | For the words from “returning officer” to “above”, substitute “Chief Counting Officer or counting officer”. |
After the word “functions” insert “at the referendum”. | |
Section 47 (loan of equipment for local elections)30 | In subsection (1)—
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In subsection (2)—
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Section 49(4) and (5) (effect of registers)31 | In subsection (4)—
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In subsection (5), omit “parliamentary or” and “prevent the rejection of the vote on a scrutiny, or”. | |
Section 50 (effect of misdescription) | For “and the parliamentary election elections rules” substitute “and the Regional Assembly and Local Government Referendums Order 2004”. |
Section 52 (discharge of registration duties)32 | After subsection (1A) insert— |
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Section 54 (payment of expenses of registration)33 | |
Section 56 (registration appeal: England and Wales)34 | Omit subsection (1)(a) and (4A). |
Section 60 (personation) | In subsection (2)—
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In subsection (3), omit the words from “who has applied” to “person or”. | |
Section 61 (other voting offences)35 | In subsection (1)—
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For subsections (2) to (4) substitute— | |
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In subsection (6)—
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Section 63 (breach of official duty)36 | In subsection (3)—
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Section 65 (tampering with papers)37 | In subsection (1)—
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Omit subsection (2). | |
In subsection (3)—
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Section 66 (requirement of secrecy) | For section 66 substitute—
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Section 66A (prohibition on publication of exit polls)38 | In subsection (1), for “election” in each place where it appears substitute “referendum”. |
For subsection (2) substitute— | |
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In subsection (4), for the words from “of an election” to the end substitute “of a referendum is a reference to the result of the referendum as a whole or to the votes cast for any question at the referendum”. | |
Section 92 (broadcasting from outside the United Kingdom)39 | In subsection (1), after “local government election” insert “or referendum”. |
In subsection (2), omit the words from “, but” to the end. | |
Section 97 (disturbances at election meetings)40 | For subsection (2) substitute— |
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Section 99 (officials not to act for candidates)41 | For subsection (1) substitute— |
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Section 100 (illegal canvassing by police officers)43 | In subsection (1), for the words “from giving, his vote,” to the end, substitute “from giving, his vote, whether as an elector or as proxy, in the referendum in a voting area wholly or partly within the police area”. |
Section 109 (payments for exhibition of election notices) | |
Section 111 (prohibition of paid canvassers) | |
Section 112 (providing money for illegal purposes) | |
Section 113 (bribery)44 | |
Section 114 (treating) | |
Section 115 (undue influence) | |
Section 116 (rights of creditors) | Omit paragraphs (b) and (c). |
Section 117(2) (savings as to parliamentary elections) | In subsection (2)— |
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In subsection (2)(b) and (c), for “any particular candidate at the election” substitute “for any particular referendum answer”. | |
Section 118 (interpretation of Part II)45 | Omit the definitions of “appropriate officer”, “candidate”, “committee room”, “date of the allowance of an authorised excuse”, “declaration as to election expenses”, “disputed claim”, “election expenses”, “personal expenses” and “return as to election expenses”. |
Section 119 (computation of time for purposes of Part II)46 | In subsection (2) omit “Maundy Thursday,” |
Section 167 (application for relief)47 | In subsection (1) omit the words from “or an election court” to the end. |
Omit subsections (3) and (5). | |
Section 168 (prosecutions for corrupt practices)48 | Omit subsection (7). |
Section 169 (prosecutions for illegal practice)49 | |
Section 170 (conviction of illegal practice on charge of corrupt practice etc.) | |
Section 175 (illegal payments etc.)50 | Omit subsection (2). |
Section 176 (time limit for prosecutions)51 | |
Section 177 (local election offence punishable summarily) | For “an election under the local government Act”, substitute “a referendum under the Regional Assembly and Local Government Referendums Order 2004”. |
In paragraph (a), for “in the county in which the local government area for which the election was held is situated or which it adjoins” substitute “for the voting area in which the offence is alleged to have been committed”. | |
Section 178 (prosecution of offences committed outside the United Kingdom)52 | |
Section 179 (offences by associations) | Omit the words “or (b) any offence under section 110 above”. |
Section 180A (evidence by certificate of electoral registration)53 | |
Section 181(1) (Director of Public Prosecutions)54 | |
Section 184 (service of notices)55 | For “the county court, or any election court”, substitute “or the county court”. |
In section 185 (interpretation of Part III)56 the definitions of “judicial office”, “money” and “pecuniary reward”, “payment” and “public office” | |
Section 186 (computation of time for purposes of Part III) | |
Section 200 (public notices, and declarations)57 | Omit subsection (1). |
For subsection (1A) substitute— | |
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Section 202 (interpretation)58, the definitions in subsection (1) of “the absent voters list”, “citizen of the Union”, “elector”, “legal incapacity”, “legal process”, “the list of proxies”, “overseas elector’s declaration”, “parliamentary elections rules”, “person”, “proper officer”, “service voter” and “voter”; and subsection (2) | In subsection (1), at the appropriate places, insert the following definitions—
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Section 203 (local government provisions as to England and Wales)59 |
PART 3TABLE
Representation of the People (England and Wales) Regulations 2001|
(1) | (2) |
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Provision | Modification |
In regulation 3(1) (interpretation), the definitions of “1985 Act”, “2000 Act”, “available for inspection”, “data”, “data form”, “edited register”, “register”, “registration area” and “registration officer”. | |
Regulation 3(2) | At the end of sub-paragraph (b), insert—
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Regulation 3(3) | |
Regulation 4 (forms), paragraph (1)(b) (forms) and to the extent of Forms E and K in Schedule 3, paragraph (2) of the regulation | |
Regulation 5 (communication of applications, notices etc.) | |
Regulation 6 (electronic signatures) | |
Regulation 7(1) (copies of documents) | |
Regulation 8 (time) | In paragraph (3) omit “Maundy Thursday,”. |
Regulation 50 (interpretation of Part IV) | |
Regulation 51 (general requirements for applications for an absent vote) | In paragraph (4), in sub-paragraph (b) for “or both” substitute “or referendums, or more than one, and if so which, of such polls”. |
For paragraph (5), substitute—
but where the application is for combined referendums it shall have effect as an application an application for both referendums. | |
Regulation 52 (additional requirements for applications for the appointment of a proxy) | |
Regulation 53 (additional requirements for application for a proxy vote for a definite or indefinite period on grounds of physical incapacity or blindness) | |
Regulation 54 (additional requirements for applications for a proxy vote for a definite or indefinite period based on occupations, service, employment or attendance on a course) | |
Regulation 55 (additional requirements for applications for a proxy vote in respect of a particular election) | For regulation 55 substitute—
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Regulation 56 (closing dates for applications) | For paragraph (1) substitute—
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Omit paragraph (2). | |
In paragraph (5)—
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In paragraph (6), omit “Maundy Thursday,”. | |
In paragraph (7)—
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Regulation 57 (grant of applications) | Omit paragraph (1). |
In paragraph (2)—
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After paragraph (3) insert—
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Regulation 58 (notice of appeal) | |
Regulation 59 (cancellation of proxy appointment) | |
Regulation 60 (inquiries by registration officer) | Omit paragraph (1)(b). |
Regulation 61 (records and lists kept under Schedule 4) | In paragraph (1), for “candidate or his election agent” substitute “referendum agent”. |
In paragraph (3), for “sixth” substitute “sixteenth”. | |
Regulation 92 (interpretation and application of Part VI etc.) | |
Regulation 93 (edited version of the register), paragraph (1) in respect of the definition of “the full register” and “the edited register”, and paragraph (5) | |
Regulation 98 (supply of free copy of full register for electoral purposes and restrictions on use) | For paragraph (6) substitute—
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At the end of paragraph (9) insert “or for purposes connected with the referendum.” | |
Regulation 106 (supply of full register etc. to registered political parties etc and restrictions on use) | In paragraph (1)(c) and (4)(b) after “section 105(1)” (wherever occurring) insert “or 105(1A)”. |
Regulation 115 (offences in respect of contravention of Part VI regulations) |