67 Supplementary provisions for Welsh Sunday polls.E+W
(1)The following provisions of this section shall apply in relation to a poll under section 66 of this Act.
(2)Subject to the provisions of Schedule 8 to this Act—
(a)the poll shall be conducted, and the expenses thereof paid, in all respects as if polls were being held throughout the [F1county or county borough] at an ordinary election of [F1councillors of the county or (as the case may be) county borough]; and
(b)all persons having any duties in connection with the conduct of such an election shall have the like duties in connection with the poll.
(3)When the number of votes cast on either side has been ascertained for the whole of any [F2county or county borough], the [F3chairman of the [F2county council or (as the case may be) county borough council]] shall declare the result of the poll, and shall deliver a certificate of the result, signed by him, to the [F3proper officer of the [F2county council or (as the case may be) county borough council]].
(4)If the decision on the poll is that subsection (1) of section 66 of this Act shall not apply where it applied before, or shall apply where it did not apply before, the decision shall take effect with the first Sunday not earlier than the fourth day after the date of the poll; and if the decision is that that subsection shall not apply where it applied before, any condition in a licence previously granted for premises in the [F4county or county borough] under which the licence is a six-day licence shall be void (but without prejudice to the right to have such a condition re-inserted on the next or any subsequent application for a licence).
(5)The following provisions of the [F5Representation of the M1People Act 1983] shall apply as if the poll were a poll at an ordinary election of [F6councillors of the county or county borough], that is to say—
(a)[F5section 60, section 61] except subsections (1) and (4), and in [F5section 65] subsection (1), except paragraph (a), and subsection (5) (which relate to personation, plural voting and other frauds in connection with voting);
(b)[F5section 66] (which contains provision for preventing disclosure of the candidate for whom a person votes and generally for securing the secrecy of the ballot);
(c)[F5sections 113 to 115] (which make bribery, treating and undue influence corrupt practices);
(d)[F5sections 168 to 170 and 173], so far as they relate to offences under any provision mentioned in the foregoing paragraphs prosecuted on indictment or in a magistrates’ court;
but as if—
(i)in [F5section 66] for the words “the candidate for whom" and for the words “the name of the candidate for whom" there were substituted the words “the result for which" and paragraph (b) of subsection (1) (which relates to the obligations of candidates and their agents) were omitted; and
(ii)in [F5section 113] for the references to procuring the return of any person at an election there were substituted references to procuring one or other result of the poll.
(6)If, with intent to influence persons to give or refrain from giving their votes at the poll, any person, after the end of the period allowed for delivering requisition papers, publishes an advertisement in a newspaper or other periodical or procures an advertisement to be so published, he shall be guilty of an illegal practice, and [F7sections 169 and 173 of the Representation of the M2People Act 1983] shall apply so far as they relate to offences prosecuted in a magistrates’ court; but the court before whom a person is convicted under this subsection may, if it thinks it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of [F7section 173].
Textual Amendments
F1Words in s. 67(2)(a) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 22(3)(a)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4, Sch. 2
F2Words in s. 67(3) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 22(3)(b)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4, Sch. 2
F3Words substituted by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 25 para. 4
F4Words in s.67(4) substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 22(3)(c)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4, Sch. 2
F5Words substituted by Representation of the People Act 1983 (c. 2, SIF 42), Sch. 8 para. 8
F6Words in s. 67(5) substituted (1.4.1996) by 1994 c. 19, s. 67(3)(d)(with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4, Sch. 2
F7Words substituted by Representation of the People Act 1983 (c. 2, SIF 42), Sch. 8 para. 9
Marginal Citations