Modifications etc. (not altering text)
C1Sch. 12 modified (5.11.2008) by The Local Elections (Ordinary Day of Elections in 2009) Order 2008 (S.I. 2008/2857), art. 6
C2Sch. 12 excluded by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 86(9)
C3Sch. 12 modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 2(4)
C4Sch. 12 applied with modifications by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 160(2)
Sch. 12: power conferred to make provisions about matters of the kind dealt with in this Schedule (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(ii); S.I. 1997/1930, art. 2(1)(2)(m)
C5Sch. 12 modified (E.) (7.9.2013) by The Local Elections (Ordinary Day of Elections in 2014) Order 2013 (S.I. 2013/2277), arts. 1(1), 5
C6Sch. 12 modified (E.) (4.4.2020) by The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 (S.I. 2020/392), regs. 1, 6 (with reg. 2(4))
C7Sch. 12 modified (W.) (22.4.2020) by The Local Authorities (Coronavirus) (Meetings) (Wales) Regulations 2020 (S.I. 2020/442), regs. 1(3), 7
C8Sch. 12 modified (W.) (22.4.2020) by The Local Authorities (Coronavirus) (Meetings) (Wales) Regulations 2020 (S.I. 2020/442), regs. 1(3), 6
C9Sch. 12 modified (E.) (4.4.2020) by The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 (S.I. 2020/392), regs. 1, 6 (with reg. 2(4)) (as amended (1.8.2020) by The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) (Amendment) Regulations 2020 (S.I. 2020/808), regs. 1, 2(3))
38E+WIf any person, in a [F1poll consequent on a community meeting] [F1community governance poll]—
(a)fraudulently defaces or fraudulently destroys any ballot paper or the official mark; or
(b)without due authority supplies a ballot paper to any person; or
(c)fraudulently puts into a ballot box any paper other than the ballot paper which he is authorised by law to put in; or
(d)fraudulently takes out of the polling station any ballot paper; or
(e)without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the poll;
he shall—
(i)if he is a returning officer, or an authorised person appointed to assist in taking the poll or counting the votes, be liable on conviction on indictment to imprisonment for a term not exceeding two years; and
(ii)in any other case, be liable, on conviction on indictment or summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £50, or both.
Textual Amendments
F1Words in Sch. 12 para. 38 substituted (W.) (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 13 para. 8; S.I. 2021/231, art. 6(v)