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Section 4
1(1)An election or local referendum the poll for which is, under section 4(1), to be taken together with the poll for the referendum under section 1 is referred to in this Schedule as a “relevant election”.U.K.
(2)The polls to be taken together are referred to in this Schedule as “combined polls”.
(3)In relation to a local referendum, expressions used in this Part of this Schedule are to be construed in accordance with the following table.
Expression | Meaning |
---|---|
“Counting agent” | Counting observer as defined by regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089). |
“Election agent” | Counting observer as defined by that regulation. |
“Polling agent” | Polling observer as defined by that regulation. |
“Returning officer” | Counting officer as defined by that regulation. |
“Elector” | Voter as defined by rule 2(1) of the Local Referendums (Combination of Polls) Rules. |
2U.K.In this Schedule—
“counting agent” means a counting agent for the referendum or a counting agent for a relevant election (except where one or other is specified);
“local authority” means—
a county council in England;
a district council;
a London borough council;
a parish council;
“Local Elections (Combination of Polls) Rules” means the rules set out in Schedule 3 to the Local Elections (Principal Areas) (England and Wales) Rules 2006 (S.I. 2006/3304);
“local referendum” means a referendum held in England under Part 2 of the Local Government Act 2000;
“Local Referendums (Combination of Polls) Rules” means the rules set out in Schedule 5 to the Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089);
“Mayoral Elections (Combination of Polls) Rules” means the rules set out in Schedule 3 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024);
“Parish Elections (Combination of Polls) Rules” means the rules set out in Schedule 3 to the Local Elections (Parishes and Communities) (England and Wales) Rules 2006 (S.I. 2006/3305).
3(1)The specified functions of a returning officer for a relevant election are to be carried out instead by the counting officer for the voting area in which the relevant election is to be held.U.K.
(2)The specified functions are those specified in regulation 5 of the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (S.I. 2004/294) (so far as relating to relevant elections).
(3)This paragraph applies instead of regulation 4 of those regulations so far as it relates to the functions of returning officers.
4U.K.Section 6E of the 2000 Act has effect as if for subsection (4) there were substituted—
“(4)A relevant officer is—
(a)in the case of proceedings at a polling station, the presiding officer;
(b)in the case of any other proceedings at the issue or receipt of postal ballot papers, the relevant returning or counting officer within the meaning of regulation 64 of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341);
(c)in the case of any proceedings at the counting of votes, the counting or returning officer responsible for counting the votes under paragraph 44(1) or (3) of Schedule 5 to the Parliamentary Voting System and Constituencies Act 2011;
(d)in the case of any proceedings not mentioned in paragraph (a), (b) or (c), the counting officer for the referendum on the voting system for United Kingdom parliamentary elections;
(e)such other person as a person mentioned in paragraph (a), (b), (c) or (d) authorises for the purposes of the proceedings mentioned in that paragraph.”
5U.K.The cost of taking the combined polls (excluding any cost solely attributable to the referendum or to a particular relevant election), and any cost attributable to their combination, is to be apportioned equally among them.
6(1)In section 36 of the 1983 Act (local authority elections), subsections (4), (5) and (6) apply—U.K.
(a)as if a reference to a returning officer included a reference to a counting officer carrying out functions that, but for this Schedule, would be exercisable by a returning officer (“transferred functions”), and
(b)as if, in relation to that counting officer, a reference to expenditure or expenses were to expenditure or expenses in respect of transferred functions.
(2)In fixing a scale under subsection (4) or (5) of that section a local authority may include special provision in respect of expenditure incurred by a counting officer in carrying out transferred functions (including expenditure incurred in respect of the remuneration of presiding officers or clerks).
7(1)The following regulations have effect as if a reference to “a relevant election or referendum” included a reference to the referendum under section 1.U.K.
(2)The regulations are—
(a)the Local Elections (Principal Areas) (England and Wales) Rules 2006;
(b)the Local Elections (Parishes and Communities) (England and Wales) Rules 2006;
(c)the Local Authorities (Conduct of Referendums) (England) Regulations 2007;
(d)the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007.
(3)Regulation 11 of the Local Authorities (Conduct of Referendums) (England) Regulations 2007 has effect as if the reference to regulation 10(1) or (7) included a reference to section 4.
(4)In relation to the referendum, expressions used in the regulations are to be construed in accordance with the following table.
Expression | Meaning |
---|---|
“Counting agent” | Counting agent appointed under rule 18 of the referendum rules. |
“Election agent” | Counting agent appointed under rule 18 of the referendum rules. |
“Polling agent” | Polling agent appointed under rule 18 of the referendum rules. |
“Voting area” | Voting area as defined by section 7. |
8U.K.Forms 2, 3, 5, 6 and 8 in Part 3 of this Schedule are “relevant forms” for the purposes of rule 10 of the referendum rules.
9(1)This paragraph applies where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of regulation 65 of the Representation of the People (England and Wales) Regulations 2001.U.K.
(2)If the counting officer thinks fit, the lists to be prepared under the following provisions may be combined in the form set out in Form 1 in Part 3 of this Schedule—
(a)rule 6 of the referendum rules;
(b)rule 17 of the Local Elections (Combination of Polls) Rules;
(c)rule 17 of the Parish Elections (Combination of Polls) Rules;
(d)rule 8 of the Local Referendums (Combination of Polls) Rules;
(e)rule 19 of the Mayoral Elections (Combination of Polls) Rules.
(3)In that case, this paragraph applies instead of—
(a)rule 6(2) of the referendum rules;
(b)rule 17(2) of the Local Elections (Combination of Polls) Rules;
(c)rule 17(2) of the Parish Elections (Combination of Polls) Rules;
(d)rule 8(3) of the Local Referendums (Combination of Polls) Rules;
(e)rule 19(2) of the Mayoral Elections (Combination of Polls) Rules.
10(1)This paragraph applies where proceedings on the issue and receipt of postal ballot papers are not taken together by virtue of regulation 65 of the Representation of the People (England and Wales) Regulations 2001.U.K.
(2)If the counting officer thinks fit, the officer may prepare a single list containing the numbers and other unique identifying marks of all of the ballot papers to be provided to presiding officers in pursuance of the following provisions—
(a)rule 17(1) of the referendum rules;
(b)rule 26(1) of the Local Elections (Combination of Polls) Rules;
(c)rule 26(1) of the Parish Elections (Combination of Polls) Rules;
(d)rule 17(1) of the Local Referendums (Combination of Polls) Rules;
(e)rule 28 of the Mayoral Elections (Combination of Polls) Rules.
(3)The list must be in the form set out in Form 1 in Part 3 of this Schedule.
(4)If a list is prepared in relation to ballot papers under this paragraph, the list prepared under the following provisions must not include details relating to those ballot papers—
(a)rule 6 of the referendum rules;
(b)rule 17 of the Local Elections (Combination of Polls) Rules;
(c)rule 17 of the Parish Elections (Combination of Polls) Rules;
(d)rule 8 of the Local Referendums (Combination of Polls) Rules;
(e)rule 19 of the Mayoral Elections (Combination of Polls) Rules.
(5)A reference in an enactment to a list prepared under a provision mentioned in sub-paragraph (4) has effect, in so far as it relates to ballot papers to be provided in pursuance of the provisions mentioned in sub-paragraph (2), as a reference to the list prepared under this paragraph.
11(1)The notice of the poll for each relevant election must be published by not later than the 15th day before the date of the poll.U.K.
(2)The timetables set out in the following provisions are to be read with whatever modifications are necessary to give effect to sub-paragraph (1)—
(a)rule 1 of the Local Elections (Combination of Polls) Rules;
(b)rule 1 of the Parish Elections (Combination of Polls) Rules;
(c)rule 3 of the Local Referendums (Combination of Polls) Rules;
(d)rule 3 the Mayoral Elections (Combination of Polls) Rules.
(3)Sub-paragraph (1) applies instead of rule 12(2) of the Local Referendums (Combination of Polls) Rules.
12U.K.The notice given under rule 11(3) of the referendum rules must—
(a)state that the poll for the referendum is to be taken together with the poll for each relevant election,
(b)specify the local authority for which each relevant election is to be held, and
(c)where any of the polls are to be taken together in part only of a voting area for the referendum, specify that part.
13(1)This paragraph applies where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of regulation 65 of the Representation of the People (England and Wales) Regulations 2001.U.K.
(2)The form of postal voting statement to be issued to those who are entitled to vote by post in the referendum and in each relevant election must be in the form set out in Form 2 in Part 3 of this Schedule.
(3)Where that form is used, this paragraph applies instead of any requirement in the following provisions for a postal voting statement to be in a particular form.
(4)The provisions are—
(a)rule 12(1)(b) of the referendum rules;
(b)rule 22(1) of the Local Elections (Combination of Polls) Rules;
(c)rule 22(1) of the Parish Elections (Combination of Polls) Rules;
(d)rule 13(1) of the Local Referendums (Combination of Polls) Rules;
(e)rule 24(1) of the Mayoral Elections (Combination of Polls) Rules.
14(1)This paragraph applies where proceedings on the issue and receipt of postal ballot papers are not taken together by virtue of regulation 65 of the Representation of the People (England and Wales) Regulations 2001.U.K.
(2)The form of postal voting statement to be issued to those entitled to vote by post in the referendum must be in the form set out in Form 3 in Part 3 of this Schedule.
(3)This paragraph applies instead of the requirement in rule 12(1)(b) of the referendum rules for a postal voting statement to be in a particular form.
15U.K.The ballot papers used for the referendum must be of a different colour from the ballot papers used for any relevant election.
16(1)The referendum polling stations are to be used for the combined polls.U.K.
(2)This paragraph applies instead of—
(a)regulation 4 of the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 so far as it relates to polling stations;
(b)rule 14(2) of the Local Referendums (Combination of Polls) Rules.
17(1)If the counting officer thinks fit, the official poll cards used for the referendum and for the relevant elections may be combined.U.K.
(2)In that case, the forms required to be used for official poll cards for the referendum and relevant elections must be adapted in whatever manner seems necessary.
(3)In sub-paragraph (1) “relevant election” does not include the election of a councillor of a parish council.
(4)This paragraph applies instead of—
(a)rule 25(6) of the Local Elections (Combination of Polls) Rules;
(b)rule 16(6) of the Local Referendums (Combination of Polls) Rules;
(c)rule 27(6) of the Mayoral Elections (Combination of Polls) Rules.
18(1)If the counting officer thinks fit, the same ballot box may be used at the polls for the referendum and the relevant elections.U.K.
(2)Where separate ballot boxes are used, each must be clearly marked to show—
(a)the poll to which it relates, and
(b)the colour of ballot papers that should be placed in it.
(3)This paragraph applies instead of—
(a)rule 26(2) and (7) of the Local Elections (Combination of Polls) Rules;
(b)rule 26(2) and (7) of the Parish Elections (Combination of Polls) Rules;
(c)rule 17(2) and (7) of the Local Referendums (Combination of Polls) Rules;
(d)rule 28(2) and (7) of the Mayoral Elections (Combination of Polls) Rules.
19(1)If the counting officer thinks fit, the lists to be provided under the following provisions may be combined in the form set out in Form 4 in Part 3 of this Schedule—U.K.
(a)rule 17(3)(d) of the referendum rules;
(b)rule 26(4)(d) of the Local Elections (Combination of Polls) Rules;
(c)rule 26(4)(d) of the Parish Elections (Combination of Polls) Rules;
(d)rule 17(4)(d) of the Local Referendums (Combination of Polls) Rules;
(e)rule 28(4)(d) of the Mayoral Elections (Combination of Polls) Rules.
(2)In that case, this paragraph applies instead of the second sentence in rule 17(3) of the referendum rules.
20U.K.The large version of the ballot paper displayed inside the polling station under rule 17(4)(a) of the referendum rules must be of the same colour as the ballot papers to be used for the referendum.
21(1)A notice in the form set out in Form 5 in Part 3 of this Schedule, giving directions for the guidance of voters in voting, must be printed in conspicuous characters and exhibited inside and outside every polling station.U.K.
(2)This paragraph applies instead of—
(a)rule 17(6) of the referendum rules;
(b)rule 26(8) of the Local Elections (Combination of Polls) Rules;
(c)rule 26(8) of the Parish Elections (Combination of Polls) Rules;
(d)rule 17(8) of the Local Referendums (Combination of Polls) Rules;
(e)rule 28(8) of the Mayoral Elections (Combination of Polls) Rules.
22(1)A notice in the form set out in Form 6 in Part 3 of this Schedule, giving directions for the guidance of voters in voting, must be exhibited in every compartment of every polling station.U.K.
(2)This paragraph applies instead of—
(a)rule 17(7) of the referendum rules;
(b)rule 26(10) of the Local Elections (Combination of Polls) Rules;
(c)rule 26(10) of the Parish Elections (Combination of Polls) Rules;
(d)rule 17(10) of the Local Referendums (Combination of Polls) Rules;
(e)rule 28(10) of the Mayoral Elections (Combination of Polls) Rules.
23(1)A notice required to be given to a returning officer for a relevant election under any of the following provisions is to be given instead to the counting officer for the voting area in which the relevant election is to be held—U.K.
(a)rule 27(5), (7) or (8) of the Local Elections (Combination of Polls) Rules;
(b)rule 27(5) or (7) of the Parish Elections (Combination of Polls) Rules;
(c)rule 29(7), (9) or (10) of the Mayoral Elections (Combination of Polls) Rules.
(2)This paragraph applies instead of—
(a)rule 27(6) of the Local Elections (Combination of Polls) Rules;
(b)rule 27(6) of the Parish Elections (Combination of Polls) Rules;
(c)rule 29(8) of the Mayoral Elections (Combination of Polls) Rules.
24U.K.Rule 21(1) of the referendum rules has effect as if the persons listed there included persons who would be entitled to be admitted to the polling station for any relevant election if the poll for that relevant election were held on its own.
25(1)Paragraph 2(5) of Schedule 3 has effect as if in the words after paragraph (b) the reference to any polling station were to any polling station in the same voting area as the allotted polling station.U.K.
(2)A certificate as to employment on duty on the day of the poll for the referendum must be in the form set out in Form 7 in Part 3 of this Schedule.
(3)Sub-paragraph (2) applies instead of rule 21(4)(b) of the referendum rules.
26U.K.The Table in rule 26 of the Local Referendums (Combination of Polls) Rules has effect as if for “this referendum”, in each place, there were substituted “ this (specify local authority) referendum ”.
27(1)If the counting officer thinks fit, the same copy of the register of electors may be used under the following provisions for the purposes of the referendum and the relevant elections—U.K.
(a)rule 28(2) of the referendum rules;
(b)rule 35(1) of the Local Elections (Combination of Polls) Rules;
(c)rule 35(1) of the Parish Elections (Combination of Polls) Rules;
(d)rule 28(1) of the Local Referendums (Combination of Polls) Rules;
(e)rule 37(1) of the Mayoral Elections (Combination of Polls) Rules.
(2)Sub-paragraphs (3) and (4) apply where the same copy of the register is used as mentioned in sub-paragraph (1).
(3)In a case where a ballot paper is delivered at the same time in respect of the referendum and each relevant election, a single mark must be placed in the register against the number of the elector under—
(a)rule 28(2)(c) of the referendum rules,
(b)rule 35(1)(c) of the Local Elections (Combination of Polls) Rules,
(c)rule 35(1)(c) of the Parish Elections (Combination of Polls) Rules,
(d)rule 28(1)(c) of the Local Referendums (Combination of Polls) Rules, and
(e)rule 37(1)(c) of the Mayoral Elections (Combination of Polls) Rules.
(4)In any other case, a mark must be placed in the register against the number of the elector identifying the poll to which each ballot paper delivered relates.
(5)In the case of an elector who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act—
(a)references in this paragraph to the copy of the register of electors are to be read as references to the copy of the notice;
(b)references to a mark being placed in the register of electors are to be read as references to a mark being made on the copy of the notice.
(6)This paragraph applies instead of—
(a)rule 35(6) of the Local Elections (Combination of Polls) Rules;
(b)rule 35(6) of the Parish Elections (Combination of Polls) Rules;
(c)rule 28(6) of the Local Referendums (Combination of Polls) Rules;
(d)rule 37(6) of the Mayoral Elections (Combination of Polls) Rules.
28(1)If the counting officer thinks fit, the counting officer may require the relevant registration officer to produce a combined list of proxies for the referendum and the relevant elections.U.K.
(2)The following provisions apply where the lists are combined and a person applies for a ballot paper as proxy.
(3)Immediately before delivery of the ballot paper the list of proxies must be marked in a way that identifies—
(a)the proxy,
(b)the elector for whom the proxy is applying for the ballot paper, and
(c)the referendum or relevant election to which the ballot paper relates.
(4)Sub-paragraph (3) applies instead of—
(a)rule 28(2)(d) of the referendum rules;
(b)rule 35(1)(d) of the Local Elections (Combination of Polls) Rules;
(c)rule 35(1)(d) of the Parish Elections (Combination of Polls) Rules;
(d)rule 28(1)(d) of the Local Referendums (Combination of Polls) Rules;
(e)rule 37(1)(d) of the Mayoral Elections (Combination of Polls) Rules.
29(1)This paragraph applies where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of regulation 65 of the Representation of the People (England and Wales) Regulations 2001.U.K.
(2)If the counting officer thinks fit, the counting officer may require the relevant registration officer to produce a combined postal voters list and a combined proxy postal voters list for the referendum and the relevant elections.
30(1)If the counting officer thinks fit, a single list of votes marked by the presiding officer may be used for the purposes of the referendum and the relevant elections.U.K.
(2)Where a person's entry in that list does not relate to the referendum and each relevant election the entry must—
(a)indicate whether it relates to the referendum, and
(b)identify any relevant election to which it relates.
(3)In this paragraph “list of votes marked by the presiding officer” means a list compiled under—
(a)rule 30(4) of the referendum rules,
(b)rule 36(2) of the Local Elections (Combination of Polls) Rules,
(c)rule 36(2) of the Parish Elections (Combination of Polls) Rules,
(d)rule 29(2) of the Local Referendums (Combination of Polls) Rules, or
(e)rule 38(2) of the Mayoral Elections (Combination of Polls) Rules.
(4)This paragraph applies instead of—
(a)rule 36(4) of the Local Elections (Combination of Polls) Rules;
(b)rule 36(4) of the Parish Elections (Combination of Polls) Rules;
(c)rule 29(4) of the Local Referendums (Combination of Polls) Rules;
(d)rule 38(5) of the Mayoral Elections (Combination of Polls) Rules.
31(1)A declaration made by the companion of a voter with disabilities must be in the form set out in Form 8 in Part 3 of this Schedule.U.K.
(2)In this paragraph “declaration made by the companion of a voter with disabilities” means a declaration made by a companion under—
(a)rule 31 of the referendum rules,
(b)rule 37 of the Local Elections (Combination of Polls) Rules,
(c)rule 37 of the Parish Elections (Combination of Polls) Rules,
(d)rule 30 of the Local Referendums (Combination of Polls) Rules, or
(e)rule 39 of the Mayoral Elections (Combination of Polls) Rules.
(3)This paragraph applies instead of—
(a)rule 31(5)(a) of the referendum rules;
(b)rule 37(7)(a) of the Local Elections (Combination of Polls) Rules;
(c)rule 37(7)(a) of the Parish Elections (Combination of Polls) Rules;
(d)rule 30(7)(a) of the Local Referendums (Combination of Polls) Rules;
(e)rule 39(8)(a) of the Mayoral Elections (Combination of Polls) Rules.
32(1)If the counting officer thinks fit, a single list of voters with disabilities assisted by companions may be used for the purposes of the referendum and the relevant elections.U.K.
(2)Where a person's entry in that list does not relate to the referendum and each relevant election the entry must—
(a)indicate whether it relates to the referendum, and
(b)identify any relevant election to which it relates.
(3)In this paragraph “list of voters with disabilities assisted by companions” means a list compiled under—
(a)rule 31(8) of the referendum rules,
(b)rule 37(4) of the Local Elections (Combination of Polls) Rules,
(c)rule 37(4) of the Parish Elections (Combination of Polls) Rules,
(d)rule 30(4) of the Local Referendums (Combination of Polls) Rules, or
(e)rule 39(4) of the Mayoral Elections (Combination of Polls) Rules.
(4)This paragraph applies instead of—
(a)rule 37(6) of the Local Elections (Combination of Polls) Rules;
(b)rule 37(6) of the Parish Elections (Combination of Polls) Rules;
(c)rule 30(6) of the Local Referendums (Combination of Polls) Rules;
(d)rule 39(7) of the Mayoral Elections (Combination of Polls) Rules.
33(1)If the counting officer thinks fit, a single tendered votes list may be used for the purposes of the referendum and the relevant elections.U.K.
(2)Where a person's entry in that list does not relate to the referendum and each relevant election the entry must—
(a)indicate whether it relates to the referendum, and
(b)identify any relevant election to which it relates.
(3)In this paragraph “tendered votes list” means a list compiled under—
(a)rule 33(7) of the referendum rules,
(b)rule 39(2) of the Local Elections (Combination of Polls) Rules,
(c)rule 39(2) of the Parish Elections (Combination of Polls) Rules,
(d)rule 32(2) of the Local Referendums (Combination of Polls) Rules, or
(e)rule 41(2) of the Mayoral Elections (Combination of Polls) Rules.
(4)This paragraph applies instead of—
(a)rule 39(3) of the Local Elections (Combination of Polls) Rules;
(b)rule 39(3) of the Parish Elections (Combination of Polls) Rules;
(c)rule 32(3) of the Local Referendums (Combination of Polls) Rules;
(d)rule 41(3) of the Mayoral Elections (Combination of Polls) Rules.
34(1)If the counting officer thinks fit, a single list of persons to whom ballot papers are delivered in consequence of late alterations to the register may be used for the purposes of the referendum and the relevant elections.U.K.
(2)Where a person's entry in that list does not relate to the referendum and each relevant election the entry must—
(a)indicate whether it relates to the referendum, and
(b)identify any relevant election to which it relates.
(3)In this paragraph “list of persons to whom ballot papers are delivered in consequence of late alterations to the register” means a list compiled under—
(a)rule 36 of the referendum rules,
(b)rule 41(1) of the Local Elections (Combination of Polls) Rules,
(c)rule 41(1) of the Parish Elections (Combination of Polls) Rules,
(d)rule 34(1) of the Local Referendums (Combination of Polls) Rules, or
(e)rule 43(1) of the Mayoral Elections (Combination of Polls) Rules.
(4)This paragraph applies instead of—
(a)rule 41(2) of the Local Elections (Combination of Polls) Rules;
(b)rule 41(2) of the Parish Elections (Combination of Polls) Rules;
(c)rule 34(2) of the Local Referendums (Combination of Polls) Rules;
(d)rule 43(2) of the Mayoral Elections (Combination of Polls) Rules.
35U.K.In the following provisions, references to a returning officer are to be read as references to the counting officer—
(a)rule 42(1) of the Local Elections (Combination of Polls) Rules;
(b)rule 42(1) of the Parish Elections (Combination of Polls) Rules;
(c)rule 44(1) of the Mayoral Elections (Combination of Polls) Rules.
36(1)In rule 38(1) of the referendum rules the reference to polling agents includes a reference to polling agents appointed for the purposes of any relevant election.U.K.
(2)A packet made up under rule 38(1)(b), (c) or (f) of the referendum rules may not be combined with a packet made up under a corresponding provision of the rules governing any relevant election.
(3)The ballot paper account prepared under rule 38(6) of the referendum rules may not be combined with the ballot paper account for any relevant election.
37(1)In the following provisions, references to a returning officer are to be read as references to the counting officer—U.K.
(a)rule 43(1) of the Local Elections (Combination of Polls) Rules;
(b)rule 43(1) of the Parish Elections (Combination of Polls) Rules;
(c)rule 45(1) of the Mayoral Elections (Combination of Polls) Rules.
(2)This paragraph applies instead of—
(a)rule 43(3) of the Local Elections (Combination of Polls) Rules;
(b)rule 43(3) of the Parish Elections (Combination of Polls) Rules;
(c)rule 45(3) of the Mayoral Elections (Combination of Polls) Rules.
38(1)The counting officer must make arrangements for counting the ballot papers and carrying out the other functions conferred by paragraph 42 in the presence of the counting agents.U.K.
(2)The counting officer must give the counting agents notice in writing of the time and place at which the proceedings under paragraph 42 will begin.
(3)A person may be present at the proceedings under paragraph 42 only if—
(a)the person is entitled to be present at the counting of the votes for the referendum or a relevant election, or
(b)the person is permitted by the counting officer to attend.
(4)The counting officer may give a person permission under sub-paragraph (3)(b) only if—
(a)the officer is satisfied that the person's attendance will not impede the efficient conduct of the proceedings, and
(b)the officer has consulted the referendum agents and election agents or thought it impracticable to do so.
(5)The counting officer must give the counting agents—
(a)whatever reasonable facilities for overseeing the proceedings, and
(b)whatever information with respect to the proceedings,
the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer's duties.
39U.K.Rule 39(1) of the referendum rules (arrangements for the counting of votes in the referendum) has effect with the omission of the words “after the close of the poll”.
40(1)The returning officer for a relevant election must make arrangements for counting the votes in the presence of the counting agents for the relevant election as soon as practicable after receiving the ballot papers from the counting officer under paragraph 43.U.K.
(2)The returning officer must give the counting agents for the relevant election notice in writing of the time and place at which the counting of the votes for the relevant election will begin.
(3)A person may be present at the counting of the votes for a relevant election only if—
(a)the person is permitted by the returning officer to attend, or
(b)the person would be entitled to be present at the counting of votes for the relevant election if it were taken on its own.
(4)The returning officer may give a person permission under sub-paragraph (3)(a) only if—
(a)the officer is satisfied that the person's attendance will not impede the efficient counting of the votes, and
(b)the officer has consulted the election agents or thought it impracticable to do so.
(5)The returning officer must give the counting agents for the relevant election—
(a)whatever reasonable facilities for overseeing the proceedings, and
(b)whatever information with respect to the proceedings,
the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer's duties.
(6)In particular, where the votes are counted by sorting the ballot papers into lots according to the votes marked on them and then counting the number of ballot papers in each lot, the counting agents for the relevant election are entitled to satisfy themselves that the ballot papers are correctly sorted.
41U.K.Paragraphs 38 and 40 apply instead of—
(a)rule 44 of the Local Elections (Combination of Polls) Rules;
(b)rule 44 of the Parish Elections (Combination of Polls) Rules;
(c)rule 37 of the Local Referendums (Combination of Polls) Rules;
(d)rule 46 of the Mayoral Elections (Combination of Polls) Rules.
42(1)As soon as practicable after the close of the poll the counting officer must—U.K.
(a)in the presence of the counting agents, open the ballot boxes and count and record separately the number of ballot papers relating to the referendum and each relevant election;
(b)where proceedings on the issue and receipt of postal ballot papers for the referendum and the relevant elections are taken together, count the postal ballot papers that have been duly returned for the referendum and the relevant elections and record separately the number relating to each;
(c)where proceedings on the issue and receipt of postal ballot papers for the referendum and the relevant elections are not taken together, count the postal ballot papers that have been duly returned for the referendum and record the number;
(d)separate ballot papers relating to the referendum and those relating to each relevant election.
(2)Rule 40(3) of the referendum rules applies for the purposes of any combined polls; but where proceedings on the issue and receipt of postal ballot papers are not taken together by virtue of regulation 65 of the Representation of the People (England and Wales) Regulations 2001, a reference in rule 40(3) to a counting officer is to be read in relation to the return of ballot papers for a relevant election as a reference to the returning officer for that relevant election.
(3)The counting officer must not count any tendered ballot papers.
(4)The counting officer, while counting and recording the number of ballot papers, must—
(a)keep the ballot papers with their faces upwards, and
(b)take all proper precautions for preventing anyone from seeing the numbers or other unique identifying marks printed on the back of the papers.
(5)The counting officer must, in the presence of the referendum agents and the election agents for the relevant elections—
(a)verify each ballot paper account by comparing it with the number of ballot papers recorded by the officer, and the unused and spoilt ballot papers in the officer's possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list);
(b)draw up a separate statement as to the result of the verification in relation to each poll.
(6)An election agent for a relevant election may copy the statement relating to that relevant election.
(7)A counting agent for the referendum present at the verification may copy the statement relating to the referendum.
(8)Once the statement relating to the referendum is drawn up, the counting officer must—
(a)in the case of a voting area in a region for which a Regional Counting Officer is appointed, inform the Regional Counting Officer of the contents of the statement;
(b)in the case of any other voting area, inform the Chief Counting Officer of the contents of the statement.
(9)Rule 40 of the referendum rules does not apply (except for the purposes of sub-paragraph (2) above).
43(1)The counting officer must deliver or cause to be delivered to the returning officer for a relevant election the ballot papers for the relevant election.U.K.
(2)The counting officer must also deliver or cause to be delivered to the returning officer—
(a)the ballot paper accounts and the statement as to the result of the verification of the ballot paper accounts for the relevant election;
(b)the packets of unused and spoilt ballot papers for the relevant election;
(c)the packets of tendered ballot papers for the relevant election;
(d)the packets of certificates as to employment on duty on the day of the poll for the relevant election.
(3)If the counting officer has not begun to count the votes given on the referendum ballot papers by the time the statements as to the result of the verification of the ballot paper accounts in relation to all the polls are prepared—
(a)those ballot papers must be sealed into packets, each of which must be endorsed with a description of its contents, and
(b)the packets may not be opened until the counting officer begins dealing with the ballot papers in those packets under paragraph 44(1).
(4)If, in respect of a relevant election, none of the ballot papers have been delivered under sub-paragraph (1) by the time the statements as to the result of the verification of the ballot paper accounts in relation to all the polls are prepared—
(a)the ballot papers for that election must be sealed into packets, each of which must be endorsed with a description of its contents, and
(b)the packets may not be opened until the returning officer begins dealing with the ballot papers in those packets under paragraph 44(3).
44(1)The counting officer must count the votes given on the ballot papers for the referendum, but must not do so until—U.K.
(a)in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box;
(b)in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.
(2)Where proceedings on the issue and receipt of postal ballot papers for a relevant election are not taken together with those for the referendum and any other relevant elections, the returning officer for the relevant election must count the postal ballot papers that have been duly returned and record the number counted.
(3)The returning officer for a relevant election must count the votes given on the ballot papers for the relevant election, but must not do so until—
(a)in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box;
(b)in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.
(4)The counting or returning officer, while counting the votes, must—
(a)keep the ballot papers with their faces upwards, and
(b)take all proper precautions for preventing anyone from seeing the numbers or other unique identifying marks printed on the back of the papers.
(5)The counting or returning officer must so far as practicable proceed continuously with the counting of votes, allowing only time for refreshment, except that—
(a)the officer may exclude the whole or any part of the period between 7 pm and 9 am on the next day;
(b)the officer may exclude a day mentioned in rule 2(1) of the referendum rules.
(6)During the time so excluded the counting or returning officer must—
(a)place the ballot papers and other documents relating to the referendum or relevant election under the officer's own seal and the seals of any of the counting agents who want to affix their seals, and
(b)otherwise take proper precautions for the security of the papers and documents.
(7)This paragraph and paragraph 45 apply instead of—
(a)rule 45 of the Local Elections (Combination of Polls) Rules;
(b)rule 45 of the Parish Elections (Combination of Polls) Rules;
(c)rule 38 of the Local Referendums (Combination of Polls) Rules;
(d)rule 47 of the Mayoral Elections (Combination of Polls) Rules.
45U.K.Where separate ballot boxes are used for the referendum and a relevant election, the placing of a ballot paper in the wrong ballot box does not render it void.
46U.K.The result of the referendum or a relevant election may not be declared until the statement as to the result of the verification of the ballot paper accounts in relation to each poll has been prepared.
47(1)The counting officer may not open the sealed packets of—U.K.
(a)the completed corresponding number lists for a relevant election, or
(b)marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act), and lists of proxies, for a relevant election.
(2)The following provisions have effect as if paragraph (3) were omitted—
(a)rule 51 of the Local Elections (Combination of Polls) Rules;
(b)rule 51 of the Parish Elections (Combination of Polls) Rules;
(c)rule 44 of the Local Referendums (Combination of Polls) Rules;
(d)rule 56 of the Mayoral Elections (Combination of Polls) Rules.
48(1)Rules 50(1)(a) and 52 of the referendum rules apply to the specified documents.U.K.
(2)The specified documents are those specified in sub-paragraphs (c), (d) and (f) of paragraph (1) of—
(a)rule 52 of the Local Elections (Combination of Polls) Rules;
(b)rule 52 of the Parish Elections (Combination of Polls) Rules;
(c)rule 45 of the Local Referendums (Combination of Polls) Rules;
(d)rule 57 of the Mayoral Elections (Combination of Polls) Rules.
(3)Except for the purposes of this paragraph, those rules have effect as if they did not include a reference to the specified documents (and as if paragraph (2) were omitted).
(4)Regulation 116(1) of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) has effect in relation to a relevant election as if the reference to documents forwarded under rule 55(1)(e) of the elections rules were to documents forwarded under rule 50(1)(a) of the referendum rules as applied by this paragraph.
(5)Nothing in this paragraph prevents the following provisions from applying to the specified documents—
(a)rule 53 of the Local Elections (Combination of Polls) Rules;
(b)rule 53 of the Parish Elections (Combination of Polls) Rules;
(c)rule 46 of the Local Referendums (Combination of Polls) Rules;
(d)rule 58 of the Mayoral Elections (Combination of Polls) Rules.
(6)Each of the following provisions has effect as if for “by this rule provided” there were substituted “ provided by this rule (or a court order) ”
(a)rule 53(8) of the Local Elections (Combination of Polls) Rules;
(b)rule 53(8) of the Parish Elections (Combination of Polls) Rules;
(c)rule 46(9) of the Local Referendums (Combination of Polls) Rules;
(d)rule 58(9) of the Mayoral Elections (Combination of Polls) Rules.
(7)Rule 45(1) of the Local Referendums (Combination of Polls) Rules has effect as if the words “Where” and “is the relevant returning or counting officer, he” were omitted.
49(1)The following provisions have effect as if they were modified in accordance with sub-paragraphs (2) and (3)—U.K.
(a)rule 55 of the Local Elections (Combination of Polls) Rules;
(b)rule 55 of the Parish Elections (Combination of Polls) Rules;
(c)rule 60 of the Mayoral Elections (Combination of Polls) Rules.
(2)In paragraph (4), for “returning officer” substitute “ relevant counting officer ”.
(3)In paragraph (7), for the words from the beginning to “further step” substitute “ Once the ballot papers relating to each relevant election or referendum have been separated, no step or further step may be taken ”.
50U.K.Regulation 98 of the Representation of the People (England and Wales) Regulations 2001 as modified by Part 3 of Schedule 4 above applies for the purposes of a relevant election as it applies for the purposes of the referendum.
51U.K.As soon as practicable after 5 pm on the 6th day before the date of the poll, the registration officer must provide the counting officer with the following lists, and any subsequent revised lists or revisions to the lists—
(a)the list of proxies for each relevant election;
(b)the postal voters list for each relevant election;
(c)the proxy postal voters list for each relevant election.
52U.K.Where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of regulation 65 of the Representation of the People (England and Wales) Regulations 2001, paragraph 7C of Schedule 4 to the Representation of the People Act 2000 has effect as if a reference to a returning officer were a reference to the counting officer.
53(1)For the purposes of the combined polls, Part 5 of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) applies—U.K.
(a)with the modifications shown in the table, and
(b)with any other necessary modifications, including in particular those set out in sub-paragraph (2).
(2)Except where the context otherwise requires—
(a)in relation to an election or referendum, a reference to a provision has effect as a reference to that provision as it applies for the purposes of that election or referendum;
(b)expressions used in relation to the referendum under section 1 are to be construed in accordance with the definitions in section 7 and rule 53 of the referendum rules;
(c)expressions used in relation to a local referendum are to be construed in accordance with regulation 2 of, and paragraph 1(2) of Schedule 4 to, the Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089).
(3)In relation to the combined polls, the modifications made by this paragraph to Part 5 of the 2001 Regulations apply instead of any modifications that would apply to that Part by virtue of—
(a)Part 3 of Schedule 4;
(b)Schedule 4 to the Local Authorities (Conduct of Referendums) (England) Regulations 2007;
(c)Schedule 2 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024).
Provision | Modification |
---|---|
Regulation 64 (interpretation of Part 5) | For the definition of “agent” substitute— ““agent”, except in regulation 69(1) to (7)— (a)in relation to an election, includes the election agent and a person appointed to attend in the election agent's place; (b)in relation to the referendum on the voting system for United Kingdom parliamentary elections, means a referendum agent or an agent appointed under regulation 69.” In the appropriate place insert— ““candidate”, in relation to an election for the return of an elected mayor, means a candidate at such an election;”. In the appropriate place insert— ““local referendum” means a referendum in England under Part 2 of the Local Government Act 2000;”. In the appropriate place insert— ““relevant election or referendum” means an election or referendum the poll for which is to be taken together with the poll for one or more other elections or referendums under section 4(1) of the Parliamentary Voting System and Constituencies Act 2011; relevant returning or counting officer”, in relation to a relevant election or referendum, means— (a)in a case where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of regulation 65, the counting officer for the referendum on the voting system for United Kingdom parliamentary elections, and (b)in any other case, the returning or counting officer for the election or referendum in question;”. In the definition of “valid postal voting statement”, after “returning officer” insert “ or counting officer ”. |
Regulation 65 (combination of proceedings on issue and receipt of postal ballot papers) | For regulation 65 substitute— “65Combination of proceedings on issue and receipt of postal ballot papers(1)This regulation applies where the polls for two or more relevant elections or referendums are taken together under section 4(1) of the Parliamentary Voting System and Constituencies Act 2011. (2)The proceedings on the issue and receipt of postal ballot papers in respect of the polls may be taken together if the returning and counting officers think fit.” |
Regulation 66 (form of postal voting statement) | Omit the whole regulation. |
Regulation 67 (persons entitled to be present at proceedings on issue of postal ballot papers) | For “returning officer” substitute “ relevant returning or counting officer ”. |
Regulation 68 (persons entitled to be present at proceedings on receipt of postal ballot papers) | For regulation 68 substitute— “68Persons entitled to be present at proceedings on receipt of postal ballot papers(1)In a case where proceedings on the receipt of postal ballot papers are taken together by virtue of regulation 65, the only persons who may be present at those proceedings are the appropriate persons in relation to the relevant elections and referendums. (2)In any other case, the only persons who may be present at the proceedings on the receipt of postal ballot papers for a relevant election or referendum are the appropriate persons in relation to that election or referendum. (3)The following are appropriate persons in relation to an election— (a)the returning officer; (b)the returning officer's clerks; (c)the candidates; (d)the election agents; (e)any person appointed by a candidate to attend in his election agent's place; (f)any agents appointed under regulation 69; (g)at an election of parish councillors, any person appointed by a candidate to attend proceedings on the receipt of postal ballot papers. (4)The following are appropriate persons in relation to a referendum— (a)the counting officer; (b)the counting officer's clerks; (c)in the case of the referendum on the voting system for United Kingdom parliamentary elections, the referendum agents and any agents appointed under regulation 69; (d)in the case of a local referendum, the persons listed in rule 37(3)(b) to (d) of the rules set out in Schedule 5 to the Local Authorities (Conduct of Referendums) (England) Regulations 2007. (5)This regulation is without prejudice to section 6A, 6B, 6C, 6D or 6E of the Political Parties, Elections and Referendums Act 2000.” |
Regulation 69 (agents of candidates who may attend proceedings on receipt of postal ballot papers) | For “returning officer” (in each place) substitute “ relevant returning or counting officer ”. Omit paragraph (3). After paragraph (7) insert— “(7A)In relation to the referendum on the voting system for United Kingdom parliamentary elections, in paragraph (1), (2), (4) or (7) a reference to a candidate is to be read as a reference to a referendum agent.” In paragraph (8), for “the candidates or their agents” substitute “ any persons mentioned in regulation 68(3)(c) to (g) or (4)(c) and (d)” ”. |
Regulation 70 (notification of requirement of secrecy) | For regulation 70 substitute— “70Notification of requirements of secrecy(1)In a case where proceedings on the issue of postal ballot papers are taken together by virtue of regulation 65, the counting officer for the referendum on the voting system for United Kingdom parliamentary elections shall make such arrangements as he thinks fit to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy in writing of the provisions of subsections (4) and (6) of section 66 of the 1983 Act as they apply in relation to each relevant election or referendum. (2)In any other case, the returning or counting officer for a relevant election or referendum shall make such arrangements as he thinks fit to ensure that every person attending proceedings in connection with the issue or receipt of postal ballot papers for the election or referendum has been given a copy in writing of the provisions of subsections (4) and (6) of section 66 of the 1983 Act as they apply to that election or referendum.” |
Regulation 71 (time when postal ballot papers are to be issued) | In paragraph (1), after “voting statement)” insert “ for an election or local referendum ”. After paragraph (1) insert— “(1A)In the case of a person within entry 2, 3, 4 or 5 of the table in paragraph 5(2) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 or entry 2, 3, 4 or 5 of the table in paragraph 8(6) of that Schedule (electors and proxies entitled to vote by post for an indefinite or definite period), no postal ballot paper (and postal voting statement) for the referendum on the voting system in United Kingdom parliamentary elections shall be issued until after 5 pm on the eleventh day before the date of the poll (computed in accordance with regulation 56(6) above).” In paragraph (2), omit “by the returning officer”. |
Regulation 72 (procedure on issue of postal ballot papers) | For paragraph (5) substitute— “(5)Paragraphs (5A) and (5B) apply where— (a)proceedings on the issue of postal ballot papers are taken together by virtue of regulation 65, and (b)a combined postal voters list or proxy postal voters list is produced by virtue of paragraph 29 of Schedule 5 to the Parliamentary Voting System and Constituencies Act 2011. (5A)In a case where a postal ballot paper is issued at the same time in respect of each relevant election or referendum, a single mark must be placed in the list under paragraph (3). (5B)In any other case, a mark must be placed in the list under sub-paragraph (3) identifying the poll to which each postal ballot paper issued relates. (5C)Where proceedings on the issue of postal ballot papers are taken together by virtue of regulation 65, the number of each postal ballot paper issued shall be marked on the postal voting statement under paragraph (4).” In paragraph (6), for the words from the beginning to “postal ballot papers” substitute “ Where proceedings on the issue and receipt of postal ballot papers are not taken together by virtue of regulation 65 ”. In paragraph (8)— (a) after “paragraph (7)” insert “ in relation to an election or local referendum ”; (b) at the end insert— “ and, in relation to the referendum on the voting system for United Kingdom parliamentary elections, the items specified in paragraph (7) must be sent to the address to which postal ballot papers should be sent as mentioned in column 3 of the table in paragraph 5(2) or 8(6) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011. ” |
Regulation 73 (refusal to issue postal ballot papers) | For “returning officer” substitute “ relevant returning or counting officer ”. For “election” substitute “ poll ”. |
Regulation 74 (envelopes) | In paragraph (1), after “elections rules” insert “ or rule 12 of the referendum rules ”. |
Regulation 75 (sealing up of completed corresponding number lists) | In paragraphs (1) and (2), for “returning officer” substitute “ relevant returning or counting officer ”. |
Regulation 76 (delivery of postal ballot papers) | In paragraph (1)— (a) for “returning officer” substitute “ relevant returning or counting officer ”; (b) in sub-paragraph (c), after “elections rules” insert “ or rule 14 of the referendum rules ”. In paragraph (2), for “returning officer” substitute “ relevant returning or counting officer ”. |
Regulation 77 (spoilt postal ballot papers) | For “returning officer” (in each place) substitute “ relevant returning or counting officer ”. In paragraph (2)(b), for “election” substitute “ poll ”. |
Regulation 78 (lost postal ballot papers) | For “returning officer” (in each place) substitute “ relevant returning or counting officer ”. In paragraph (2A)(b), for “election” substitute “ poll ”. |
Regulation 79 (alternative means of returning postal ballot paper or postal voting statement) | For “returning officer” (in each place) substitute “ relevant returning or counting officer ”. In paragraph (1), after “1983 Act” insert “ and rule 40(3) of the referendum rules ”. In paragraph (3), after “rule 43(1) of the elections rules” insert “ or rule 38(1) of the referendum rules ”. In paragraph (5), after “polling agents” insert “ or polling observers ”. |
Regulation 80 (notice of opening of postal ballot paper envelopes) | In paragraph (1)— (a) for “returning officer” substitute “ relevant returning or counting officer ”; (b) for “each candidate” substitute “ each of the persons mentioned in paragraph (1A) ”. After paragraph (1) insert— “(1A)The persons are— (a)in relation to an election, the candidates, (b)in relation to the referendum on the voting system for United Kingdom parliamentary elections, the referendum agents, and (c)in relation to a local referendum, the persons mentioned in rule 37(3)(b) to (d) of the rules set out in Schedule 5 to the Local Authorities (Conduct of Referendums) (England) Regulations 2007.” In paragraph (2)(b), for “the number of agents a candidate” substitute “ in the case of an election or the referendum on the voting system for United Kingdom parliamentary elections, the number of agents that a candidate or referendum agent ”. |
Regulation 81 (postal ballot boxes and receptacles) | For “returning officer” (in each place) substitute “ relevant returning or counting officer ”. For paragraph (2) substitute— “(2)Each of those ballot boxes— (a)shall be marked “postal voter's ballot box” or “postal ballot box” as appropriate; (b)shall be marked with the name of each constituency, electoral area or voting area in relation to which it is to be used.” In paragraph (3), for “the agents” substitute “ those ”. In paragraph (4), after “lock the ballot box” insert “ (if it has a lock) ”. |
Regulation 82 (receipt of covering envelope) | For “returning officer” (in both places) substitute “ relevant returning or counting officer ”. |
Regulation 83 (opening of postal voters' ballot box) | In paragraph (1)— (a) for “returning officer” substitute “ relevant returning or counting officer ”; (b) at the end insert “ and (where relevant) the persons mentioned in rule 37(3)(b) to (d) of the rules set out in Schedule 5 to the Local Authorities (Conduct of Referendums) (England) Regulations 2007 ”. In paragraph (2), for “returning officer” substitute “ relevant returning or counting officer ”. In paragraph (3), for “votes under rule 45 of the elections rules” substitute “ ballot papers ”. |
Regulation 84 (opening of covering envelopes) | For “returning officer” (in each place) substitute “ relevant returning or counting officer ”. |
Regulation 84A (confirming receipt of postal voting statements) | For “returning officer” (in each place) substitute “ relevant returning or counting officer ”. |
Regulation 85 (procedure in relation to postal voting statements) | For “returning officer” (in each place) substitute “ relevant returning or counting officer ”. In paragraph (3), after “agents” insert “ or counting observers or both (as the case may be) ”. |
Regulation 85A (procedure in relation to postal voting statements: personal identifier verification) | For “returning officer” (in each place) substitute “ relevant returning or counting officer ”. In paragraph (4), after “agents” insert “ or counting observers or both (as the case may be) ”. |
Regulation 85B (postal voting statements: additional personal identifier verification) | For “returning officer” (in each place) substitute “ relevant returning or counting officer ”. In paragraph (3)(a) and (c), after “agents” insert “ or counting observers or both (as the case may be) ”. In paragraph (4), for “lock and reseal the postal ballot box in the presence of the agents” substitute “ lock the postal ballot box (if it has a lock) and reseal it in the presence of the agents or counting observers or both (as the case may be) ”. |
Regulation 86 (opening of ballot paper envelopes) | In paragraph (1), for “returning officer” substitute “ relevant returning or counting officer ”. |
Regulation 86A (retrieval of cancelled postal ballot papers) | In paragraph (1), for “returning officer” substitute “ relevant returning or counting officer ”. In paragraph (2)— (a) in sub-paragraph (b), after “agents” insert “ or counting observers or both (as the case may be) ”; (b) in sub-paragraph (f), for “votes under rule 45 of the elections rules” substitute “ ballot papers ” and after “agents” insert “ or counting observers or both (as the case may be) ”. In paragraph (3), for “returning officer” substitute “ relevant returning or counting officer ”. |
Regulation 87 (list of rejected postal ballot papers) | In paragraph (1), for “In respect of any election, the returning officer” substitute “ In respect of each relevant election or referendum, the relevant returning or counting officer ”. |
Regulation 88 (checking of lists of rejected postal ballot papers) | For “returning officer” (in each place) substitute “ the relevant returning or counting officer ”. In paragraph (3), at the end insert “ or voting area under rule 38(1) of the referendum rules ”. |
Regulation 89 (sealing of receptacles) | In paragraph (1), for “returning officer” substitute “ the relevant returning or counting officer ”. |
Regulation 90 (abandoned poll) | In paragraph (2), for “election” substitute “ poll ”. |
Regulation 91 (forwarding or retention of documents) | In paragraph (1)— (a) for the words before sub-paragraph (a) substitute “ The relevant returning or counting officer shall forward to the registration officer to whom he forwards the documents mentioned in rule 55 of the elections rules or rule 50 of the referendum rules, at the same time as he forwards those documents ”; (b) in paragraph (a), for the words from “the election to which” to the end substitute “ each relevant election or referendum and the area to which the packet relates ”; (c) at the end insert— “ A separate statement in Form K must be completed for each relevant election or referendum ”. In paragraph (3), for “returning officer” (in both places) substitute “ relevant returning or counting officer ”. In paragraph (4), for “Rules 56 and 57 of the elections rules” substitute “ The rules specified in paragraph (4A) ”. After sub-paragraph (4) insert— “(4A)The rules are— (a)in a case where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of regulation 65— (i)rule 51 of the referendum rules and rule 56 of the elections rules, and (ii)rule 52 of the referendum rules; (b)in any other case— (i)rule 51 of the referendum rules or (as the case may be) rule 56 of the elections rules, and (ii)rule 52 of the referendum rules or (as the case may be) rule 57 of the elections rules.” In paragraph (5), for “returning officer” (in both places) substitute “ relevant returning or counting officer ”. |
In Schedule 3, Form K | In the case of the form used in relation to the referendum under section 1— (a) for “PARLIAMENTARY ELECTION” substitute “ REFERENDUM ON THE VOTING SYSTEM FOR UNITED KINGDOM PARLIAMENTARY ELECTIONS ”; (b) for “constituency” substitute “ voting area ”; (c) for “returning officer” (in each place) substitute “ counting officer ”. |
Note - The forms contained in this Part may be adapted so far as circumstances require.
Paragraphs 9(2) and 10(3)
Paragraph 13(2)
Paragraph 14(2)
Paragraph 19(1)
Paragraph 21(1)
Paragraph 22(1)
Paragraph 25(2)
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