SCHEDULES
SCHEDULE 4Application to the referendum of existing provisions
PART 3The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
8
1
The provisions of the relevant regulations listed in the first column of the table apply for the purposes of the referendum (subject to sub-paragraphs (4) and (5); and for this purpose the relevant regulations are—
a
the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) (referred to in this paragraph as “the England and Wales Regulations”), and
b
the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497) (referred to in this paragraph as “the Scotland Regulations”).
2
In their application by virtue of this paragraph, those provisions have effect—
a
with the modifications (if any) shown in the second column of the table, and
b
with any other necessary modifications, including in particular those set out in sub-paragraph (3).
3
Except where the context otherwise requires—
a
a reference to a provision that is applied by this Schedule has effect as a reference to that provision as so applied;
b
expressions are to be construed in accordance with the definitions listed in section 7 of this Act and rule 53 of the referendum rules.
4
Part 5 of the England and Wales Regulations does not apply for the purposes of the referendum in so far as it is taken together with the poll for the Welsh Assembly general election under section 4(2).
5
Part 5 of the Scotland Regulations does not apply for the purposes of the referendum in so far as it is taken together with the poll for the Scottish parliamentary election under section 4(3).
6
In relation to the referendum—
a
regulation 45B(2) of the Scotland Regulations (restrictions on supply etc of record of anonymous entries) has effect as if after sub-paragraph (a) there were inserted—
aa
a deputy of the registration officer acting in that other capacity;
b
regulation 94(2) of the England and Wales Regulations (restrictions on supply etc of full register) has effect as if after sub-paragraph (b) there were inserted—
ba
the Chief Counting Officer and any Regional Counting Officer;
bb
any deputy of the Chief Counting Officer or any Regional Counting Officer;
c
regulation 94(2) of the Scotland Regulations (restrictions on supply etc of full register) has effect as if after sub-paragraph (a) there were inserted—
aa
any deputy of the registration officer acting in that other capacity,
ab
the Chief Counting Officer and any Regional Counting Officer,
ac
any deputy of the Chief Counting Officer or any Regional Counting Officer,
7
The provisions of the relevant regulations that apply for the purposes of the referendum by virtue of this paragraph are in addition to the provisions of the regulations that would apply for those purposes in any event.
Provision | Modification |
---|---|
Regulation 3(1) and (3) (interpretation) | |
Regulation 4 (forms) | In paragraph (1)—
Paragraph (2) applies for the purposes of the referendum only in so far as it relates to Form K in Schedule 3 to the regulations. |
Regulation 5 (applications, notices etc) | |
Regulation 6 (electronic signatures) | |
Regulation 8 (time) | |
Regulation 11 (interference with notices etc) | |
Regulation 32A (representations regarding clerical errors) | |
Regulation 36(2) and (3) (notices in connection with registration) | In paragraph (2) omit “13A(2) or”. |
Regulation 36A (communication of notices issued on polling day) | |
Regulation 50 (interpretation of Part 4) | Omit the definition of “allotted polling station”. |
Regulation 51 (general requirements for applications for an absent vote) | For “Schedule 4” substitute In paragraph (2)—
Omit paragraph (4). For paragraph (5) substitute—
|
Regulation 51A (additional provision concerning requirement that applications for absent vote must be signed) | In sub-paragraph (a)—
|
Regulation 51AA (additional requirement for applications for ballot paper to be sent to different address from that stated in application) | In paragraph (1)—
|
Regulation 51B (additional requirement for applications for ballot paper to be sent to different address from that shown in records) | In paragraph (1), for sub-paragraphs (a) and (b) substitute |
Regulation 52 (additional requirements for applications for appointment of proxy) | For “paragraphs 3 and 4 of Schedule 4” substitute |
Regulation 55 (additional requirements for applications for proxy to vote in respect of a particular election) | For paragraph (1) substitute—
In paragraph (2)—
In paragraph (4) of the England and Wales Regulations and in paragraph (3A) of the Scotland Regulations—
|
Regulation 56 (closing date for applications) | For paragraph (1) substitute—
In paragraph (2)—
For paragraphs (3) and (3A) substitute—
For paragraph (4) substitute—
In paragraph (5)—
In paragraph (6), after “bank holiday” insert For paragraph (7) substitute—
|
Regulation 57 (grant or refusal of applications) | Omit paragraph (3). In paragraph (4), for “Schedule 4” substitute In paragraph (4A), for sub-paragraphs (a) and (b) substitute—
Omit paragraph (4B). In paragraph (5), for “a particular parliamentary or local government election” substitute For paragraph (6) substitute—
|
Regulation 59 (cancellation of proxy appointment) | For the words from “by notice given” to the end substitute |
Regulation 60A(7) to (9) (requirement to provide fresh signatures at five yearly intervals) | In paragraph (7), for the words from “from the records” to the end substitute In paragraph (8)—
In paragraph (9), for the words from “removal from” to the end substitute
|
Regulation 61 (records and lists kept under Schedule 4) | In paragraph (1), for the words from “any of the following” to the end substitute In paragraph (5), for “paragraph 5(2) of Schedule 4” substitute In paragraph (6)—
In paragraph (7), for “paragraph 5(3) of Schedule 4” substitute |
Regulation 61A (conditions on the use, supply and inspection of absent voter records or lists) | For “regulations 61(1)(a) and (b)” substitute |
Regulation 61B (personal identifiers record) | For paragraph (1) substitute—
In paragraph (3), for sub-paragraph (a) substitute—
|
Regulation 62 (marked register for polling stations) | |
Regulation 64 (interpretation of Part 5) | For the definition of “agent” substitute—
In the definition of “valid postal voting statement”, for “returning officer” substitute |
Regulation 67 (persons entitled to be present at proceedings on issue of postal ballot papers) | For “returning officer” substitute |
Regulation 68 (persons entitled to be present at proceedings on receipt of postal ballot papers) | For sub-paragraphs (a) to (c) substitute—
|
Regulation 69 (agents of candidates who may attend proceedings on receipt of postal ballot papers) | Before paragraph (1) insert—
For “returning officer”
(in each place) substitute Omit paragraph (5). |
Regulation 70 (notification of requirement of secrecy) | For “returning officer” substitute |
Regulation 71 (time when postal ballot papers are to be issued) | For paragraph (1) substitute—
In paragraph (2), for “returning officer” substitute |
Regulation 72 (procedure on issue of postal ballot papers) | In paragraph (8), for sub-paragraphs (a) and (b) substitute |
Regulation 73 (refusal to issue ballot paper) | For “returning officer” substitute For “at any one election” substitute |
Regulation 74 (envelopes) | In paragraph (1), for “rule 24 of the elections rules” substitute |
Regulation 75 (sealing up of completed corresponding number lists) | For “returning officer”
(in both places) substitute |
Regulation 76 (delivery of postal ballot papers) | In paragraph (1)—
In paragraph (2), for “returning officer” substitute |
Regulation 77 (spoilt postal ballot papers) | For “returning officer”
(in each place) substitute |
Regulation 78 (lost postal ballot papers) | For “returning officer”
(in each place) substitute |
Regulation 79 (alternative means of returning postal ballot paper or postal voting statement) | For “returning officer”
(in each place) substitute In paragraph (1), for “rule 45(1B) of the rules in Schedule 1 to the 1983 Act” substitute In paragraph (3), for “rule 43(1) of the elections rules” substitute |
Regulation 80 (notice of opening of postal ballot paper envelopes) | In paragraph (1)—
In paragraph (2)(b), for “candidate” substitute |
Regulation 81 (postal ballot boxes and receptacles) | For “returning officer”
(in each place) substitute In paragraph (2), for the words from “constituency” to the end substitute In paragraph (4), after “lock the ballot box” insert |
Regulation 82 (receipt of covering envelope) | For “returning officer”
(in both places) substitute |
Regulation 83 (opening of postal voters' ballot box) | In paragraphs (1) and (2), for “returning officer” substitute In paragraph (3), for “rule 45 of the elections rules” substitute |
Regulation 84 (opening of covering envelopes) | For “returning officer”
(in each place) substitute |
Regulation 84A (confirming receipt of postal voting statements) | For “returning officer”
(in each place) substitute |
Regulation 85 (procedure in relation to postal voting statements) | For “returning officer”
(in each place) substitute |
Regulation 85A (procedure in relation to postal voting statements: personal identifier verification) | For “returning officer”
(in each place) substitute |
Regulation 85B (postal voting statements: additional personal identifier verification) | For “returning officer”
(in each place) substitute In paragraph (4), for “lock and reseal the postal ballot box” substitute |
Regulation 86 (opening of ballot paper envelopes) | In paragraph (1), for “returning officer” substitute |
Regulation 86A (retrieval of cancelled postal ballot papers) | In paragraph (1), for “returning officer” substitute In paragraph (2)(f), for “rule 45 of the elections rules” substitute In paragraph (3), for “returning officer” substitute |
Regulation 87 (list of rejected postal ballot papers) | In paragraph (1), for “In respect of any election, the returning officer” substitute |
Regulation 88 (checking of lists of rejected postal ballot papers) | For “returning officer”
(in each place) substitute In paragraph (3), for the words from “in the constituency” to the end substitute |
Regulation 89 (sealing of receptacles) | In paragraph (1), for “returning officer” substitute |
Regulation 91 (forwarding or retention of documents) | For paragraph (1) substitute—
In paragraph (3), for “returning officer”
(in both places) substitute In paragraph (4), for “Rules 56 and 57 of the elections rules” substitute In paragraph (5), for “returning officer” substitute |
Regulation 92 (interpretation and application of Part 6) | In paragraph (2), omit the definitions of “relevant conditions” and “research purposes”. In the England and Wales Regulations, in paragraph (7), for the words from “under regulations” to the first “may” substitute In the England and Wales Regulations, in paragraph (10), for the words from “in regulations” to “below” substitute |
Regulation 97 of the Scotland Regulations (supply of free copy of full register for electoral purposes and restrictions on use) | For paragraphs (1) to (6) substitute—
In paragraph (7)—
|
Regulation 98 of the England and Wales Regulations (supply of free copy of full register for electoral purposes and restrictions on use) | For paragraphs (1) to (8) substitute—
In paragraph (9)—
|
Regulation 115 (offences) | In the England and Wales Regulations, for paragraph (2) substitute—
In the Scotland Regulations, for paragraph (2) substitute—
|
Regulation 116 (interpretation of Part 7) | In the England and Wales Regulations, in paragraph (1), for “rule 55(1)(e) of the elections rules” substitute In the England and Wales Regulations, after paragraph (1) insert—
In the Scotland Regulations, in paragraph (1)—
In the Scotland Regulations, in paragraph (4), for “returning officer” substitute |
Regulation 117 (supply of marked registers and lists after an election) | In the England and Wales Regulations, in paragraph (1)—
In the England and Wales Regulations, in paragraph (2)—
In the England and Wales Regulations, in paragraph (6)(b), for “regulations 100, 103, 105, 106, 108, 109 or 113” substitute In the England and Wales Regulations, in paragraph (7), for “regulations 100(3), 103(3), 105(4), 106(3), 108(5) and 109(3)” substitute In the Scotland Regulations, for “returning officer”
(in each place) substitute In the Scotland Regulations, in paragraph (1)—
In the Scotland Regulations, in paragraph (2)—
In the Scotland Regulations, in paragraph (6)(b), for “regulations 99, 102, 104, 105, 107, 108 or 112” substitute In the Scotland Regulations, in paragraph (7), for “regulation 99(3), 102(3), 104(4), 105(3), 107(5) or 108(3)” substitute |
Regulation 118 (inspection of documents open to public inspection) | In paragraph (1)(b)—
In the Scotland Regulations, for “returning officer”
(in each place) substitute |
Regulation 119 (conditions on the use, supply and disclosure of documents open to public inspection) | In paragraph (2), omit “either” and after paragraph (ii) insert
|
Regulation 120 (calculating the fee for supply of marked registers or lists) | |
In Schedule 3, Form K | For the heading substitute For “constituency” substitute For “returning officer”
(in each place) substitute |