SCHEDULE 1APPLICATION WITH MODIFICATION OF ACTS AND STATUTORY INSTRU MENTS
TABLE 1REPRESENTATION OF THE PEOPLE ACT 1983 (C.2)
(1) | (2) |
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Provision | Modification |
Section 18(1), (4) and (9) (polling districts and polling places) | After subsection (1) insert—
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Section 35(4) (appointments by returning officers) | For “at any election mentioned in subsections (1) to (3) above” substitute “or the counting officer”. |
Section 36(4) and (6) (returning officer’s expenditure at local election)11 | In subsection (4) for the words from “by a returning officer” to “London borough)”substitute “in relation to the referendum by the returning officer or the counting officer for a voting area”. |
In subsection (6), omit the words from the beginning to “community councillor” and after “of the returning officer” insert “or counting officer”. | |
Section 47 (loan of equipment for local elections)12 | In subsection (1), article 12(a) shall not apply to the reference to parliamentary elections and the words “at a local government election” shall be omitted. |
In subsection (2) for “an election held under those Acts” substitute “the referendum”. | |
Section 49(2), (4) and (5) (effect of registers)13 | In subsection (5) omit “parliamentary or” and “prevent the rejection of the vote on a scrutiny or”. |
Section 50(b) and (c) (effect of misdescription) | In paragraph (c) for “parliamentary election rules” substitute “rules made under section 36”. |
Section 60 (personation) | |
Section 61 (other voting offences)14 | For subsections (2) to (4) substitute—
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Section 63 (breach of official duty)15 | In subsection (3) after paragraph (b) insert—
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Section 65 (tampering with papers)16 | In subsection (3)—
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Section 66 (requirement of secrecy)17 | For subsection (1)(b) substitute—
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Section 92 (broadcasting from outside the United Kingdom)18 | |
Section 94(1) (imitation poll cards)19 | |
Section 95 (schools and rooms for meetings)19 | For subsection (1) substitute—
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Omit subsection (2). | |
In subsection (3), omit “situated in the constituency”. | |
In subsection (4), omit “or on whose behalf”. | |
In subsection (5), for “candidate” substitute “person”. | |
For subsection (6) substitute—
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Section 97 (disturbances at election meetings)20 | For subsection (2) substitute—
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Section 100(1) and (2) (illegal canvassing by police officers)21 | In subsection (1), for the words from “from giving his vote” to the end substitute “from giving his vote in the referendum in a voting area wholly or partly within the police area”. |
Sections 101 to 104 (conveyance of voters)22 | |
Section 109 (payments for exhibition of election notices) | |
Section 110 (printer’s name and address on election publications)23 | For subsection (3) substitute—
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Section 111 (prohibition of paid canvassers) | |
Section 112(a) and (c) (providing money for illegal purposes) | |
Sections 113 to 115 (bribery, treating and undue influence) | |
Section 116(a) (rights of creditors) | |
Section 117(2) (granting employees right of absence to vote) | Omit “parliamentary” (where it first occurs). |
In section 118 (interpretation of Part II), the definitions of “money”, “pecuniary reward”and “payment” | |
Section 160(4) (persons guilty of corrupt practices) | For the words from the beginning of the subsection to “report” substitute “For the purposes of section 173, the incapacities are that the person convicted of a corrupt practice shall for five years from the date of the conviction”. |
Section 167 (application for relief)24 | |
Section 168 to 170 (prosecutions for corrupt and illegal practices)25 | |
Section 173 (incapacities on conviction of corrupt or illegal practice)26 | In paragraph (a) for “imposed” substitute “mentioned” and omit the words from “as if” to the end of the paragraph. |
In paragraph (b) for the words from “be” to “illegal practice” substitute “for five years from the date of the conviction be incapable of being registered as an elector or voting at any parliamentary election or at any election to a public office held for or within any voting area where, or in relation to which, the illegal practice occurred”. | |
Sections 174 to 176 (mitigation of incapacities, illegal payments, &c., and prosecutions)27 | |
Section 177 (summary trial) | 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 where, or in relation to which, the offence is alleged to have been committed”. |
Section 178 (prosecution of offences committed outside the United Kingdom)28 | |
Section 179 (offences by associations) | |
Section 181(1) (Director of Public Prosecutions)29 | |
Section 184 (service of notices) | |
In section 185 (interpretation of Part III), the definitions of “judicial office”, “money” and “pecuniary reward”, “payment” and “public office” | |
Section 200(1) and (2) (public notices, and declarations)30 | |
Section 202 (interpretation), the definitions in subsection (1) of “the absent voters' list”, “citizen of the Union” and “relevant citizen of the Union”, “elector”, “legal incapacity”, “the list of proxies”, “person”, and “voter”; and subsection (2)31 | |
Section 203(1) (local government provisions as to England and Wales)32 |
TABLE 2LOCAL ELECTIONS (PRINCIPAL AREAS) RULES 1986: SCHEDULE 233
(1) | (2) |
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Provision | Modification |
Rule 3 (notice of election) | For paragraph (1) substitute—
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In paragraph (2) for “election” (in both places) substitute “referendum”. | |
Rule 15 (ballot papers: official mark) | For paragraph (2) substitute—
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In paragraph (3) omit “at the same election”. | |
Rule 17 (use of schools and public rooms) | |
Rule 18 (notice of poll) | In paragraph (1), for sub-paragraphs (b) to (d) substitute—
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For paragraph (2) substitute—
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In paragraph (3), omit the words from “and he shall” to the end. | |
Rule 19 (postal ballot papers) | |
Rule 20 (provision of polling stations) | In paragraph (3) omit “unless that place is outside the electoral area”. |
Rule 21 (appointment of presiding officers and clerks) | In paragraph (1) omit the words from “but he shall not appoint” to the end. |
Rule 22(1) to (3) (issue of official poll cards) | For paragraph (3)(a) substitute—
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Rule 23 (equipment of polling stations) | For paragraph (5) substitute—
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Rule 25 (notification of requirement of secrecy) | After “returning officer” insert “in the case of paragraph (a) and the counting officer in the case of paragraph (b)” and for “he thinks” substitute “they think”. |
Rule 26(1), (3) and (4) (admission to polling station) | In paragraph (1), for sub-paragraphs (a) and (b) substitute—
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Rule 27 (keeping of order in station) | |
Rule 28 (sealing of ballot boxes) | |
Rule 29 (questions to be put to voters) | For paragraphs (1) and (2) substitute—
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Rule 30 (challenge of voters) | In paragraph (1) for “a candidate or his election or polling agent” substitute “a Member of Parliament for the voting area within which the polling station is situated or a polling observer”. |
Rule 31 (voting procedure) | |
Rule 32 (votes marked by presiding officer) | |
Rule 33 (voting by blind persons) | |
Rule 34 (tendered ballot papers) | |
Rule 35 (spoilt ballot papers) | |
Rule 36 (adjournment of poll in case of riot) | In paragraph (1) after “returning officer” insert “and the counting officer”. |
Rule 37 (procedure on close of poll) | In paragraph (1)—
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Rule 39 (the count) | In paragraphs (1) and (2) and (4) to (7) for “returning officer”, in each place substitute “counting officer”. |
In paragraph (1)(a) for “counting agents” substitute “counting observers”. | |
In paragraph (1)(b) for “election agents” substitute “counting observers”. | |
In paragraph (6), for “election agent” substitute “counting observer present at the verification”. | |
In paragraph (7), for “in so far as he and the agents agree” substitute “if the Chief Counting Officer approves” and omit from “For the purposes” to the end. | |
For paragraph (8) substitute—
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Rule 41(1) and (3) to (5) (rejected ballot papers) | For paragraph (1)(b) substitute—
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For paragraph (4) substitute—
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In paragraph (5) for “returning officer” substitute “counting officer”. | |
Rule 42 (decisions on ballot papers) | At the beginning insert “Except where the Chief Counting Officer, under section 3(3)(a) of the 1998 Act, directs the counting officer to recount the ballot papers,”. |
Rule 45 (sealing up of ballot papers) | For “returning officer”, in both places, substitute “counting officer”. |
Rule 46 (delivery of documents) | For the words from the beginning of the rule to “following documents” substitute “The counting officer shall retain the following documents for the period of one month beginning with the day after the date of the referendum”. |
For the words from “the date of the election” to the end of the rule substitute “and the name of the voting area”. | |
The Appendix of Forms: Form of declaration of identity | On the front of the form, for “REPRESENTATION OF THE PEOPLE ACTS” substitute “GREATER LONDON REFERENDUM”. |
On the back of the form—
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Elector’s official poll card | On the front of the card—
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On the back of the card—
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Omit the fifth paragraph. | |
In the seventh and final paragraphs for “this election” substitute “the referendum”. | |
Proxy’s official poll card | On the front of the card—
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Form of directions for guidance of the voters in voting | For paragraph 2 substitute—
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Omit paragraph 4 and renumber paragraph 5. | |
Form of certificate of employment | For “REPRESENTATION OF THE PEOPLE ACTS” and “ELECTION IN THE”substitute “GREATER LONDON REFERENDUM” and for “…ELECTORAL DIVISION/WARD of…” substitute “[insert name of voting area]…”. |
For “electoral area” in each place substitute “voting area”. | |
For “election” in each place substitute “referendum”. | |
Form of declaration to be made by the companion of a blind voter | For “election now being held in this electoral area” substitute “referendum now being held in Greater London”. |
For “the said election” in each place substitute “that referendum”. | |
For “for the …electoral division/ward of…” substitute “in the …[insert name of voting area]”. |
TABLE 3REPRESENTATION OF THE PEOPLE ACT 198534
(1) | (2) |
---|---|
Provision | Modification |
Sections 5 and 7 to 9 | A reference to prescribed requirements shall be construed as a reference to the requirements of the provisions of the Representation of the People Regulations 1986 as applied by Table 4. |
A reference to the principal Act shall be construed as a reference to the 1983 Act and the rules under section 36 of that Act which are applied by Table 2. | |
A reference to a parliamentary or local government election, or a particular such election, shall be construed as a reference to the referendum. | |
Section 5 (manner of voting) | In subsection (7), for the definition of “appropriate rules” substitute–
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Section 7 (absent vote at a particular election and absent voters list) | In subsection (1)(b) omit “parliamentary or, as the case may be,”. |
In subsections (2) and (4) for “elections of the kind in question”; in each place, substitute “local government elections”. | |
In subsection (4) for “each parliamentary or local government election” and “the election”, in each place, substitute “the referendum”. | |
Section 8 (proxies) | In subsection (2) for “parliamentary elections (whether in the same constituency or elsewhere)” substitute “the referendum”. |
Omit subsection (3). | |
In subsection (3A) for “a local government election” substitute “the referendum” and for “that election” substitute “a local government election”. | |
In subsection (5) for the words from “same parliamentary” to “electoral area” substitute “referendum in any voting area”. | |
Omit subsection (6). | |
In subsection (7)(a) omit “parliamentary or, as the case may be,”. | |
For subsections (9) and (10) substitute–
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Section 9 (voting as proxy) | Omit subsections (4) to (6) and (11). |
In subsection (8), for the words from “kept” to “question” substitute “of those whose applications to vote by post as proxy at local government elections for an indefinite period have been granted (“the relevant record”)”. | |
In subsection (9)—
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In subsection (10)—
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Section 12(3) and (4) (offences) |
TABLE 4REPRESENTATION OF THE PEOPLE REGULATIONS 198635
(1) | (2) |
---|---|
Provision | Modification |
In regulation 4(1) (interpretation), the definitions of “available for inspection”, “postal proxy” and “register”. | |
Regulation 6(1)(b) (forms) | |
Regulation 7 (sending of applications, notices, &c.) | |
Regulation 9 (misnomers) | |
Regulation 13 (interference with notices, etc.) | |
Regulation 63 (absent voters: general requirements for applications) | |
Regulation 66 (additional requirements for applications in respect of a particular election) | |
Regulation 67 (additional requirements for applications for appointment of proxy) | |
Regulation 68 (additional requirements for applications by proxies to vote by post at a particular election) | |
Regulation 69(1) to (5) (closing dates for applications) | |
Regulation 70 (grant or refusal of applications) | |
Regulation 72 (cancellation of proxy appointment) | |
Regulation 74 (records and lists) | |
Regulation 75 (marked register for polling stations) | |
Regulation 77 (interpretation of Part V) | |
Regulation 80(1) (persons entitled to be present at issue and receipt of postal ballot papers) | For sub-paragraphs (b) to (d) substitute—
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Regulation 81 (notification of requirement of secrecy) | |
Regulation 83(1) and (2) (marking of postal ballot papers) | |
Regulation 84 (refusal to issue postal ballot paper) | |
Regulation 85(1) and (2) (envelopes) | |
Regulation 86 (delivery of postal ballot papers to post office) | |
Regulation 87 (provision of postal voters' ballot box) | For paragraph (2) substitute—
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Regulation 88 (sealing up of special lists and counterfoils) | |
Regulation 89 (spoilt postal ballot papers) | Omit paragraph (2). |
In paragraph (3) omit “or, as the case may be, ballot papers” and “(or ballot papers)”. | |
In paragraph (5) omit “, and any other postal ballot paper issued with it under regulation 78 above”. | |
Regulation 90 (receipt of covering envelope) | |
Regulation 91 (opening of postal voters' ballot box) | In paragraph (1) for “the agents” substitute “persons appointed by the returning officer to act as observers”. |
Omit paragraph (3). | |
In paragraph (4) for the words from “and every such ballot box” to the end substitute “; and every ballot box shall, while empty, be locked by the returning officer and sealed with his seal in such manner as to prevent its being opened without breaking the seal.”. | |
Regulation 92 (opening of covering envelopes) | |
Regulation 93 (sealing up of rejected votes and declarations of identity) | |
Regulation 94 (opening of ballot paper envelopes) | |
Regulation 96 (forwarding of documents) | For paragraph (1) substitute—
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Omit paragraph (2). | |
In paragraph (3) for “forward it at a subsequent date” substitute “retain it”. | |
Omit paragraphs (4) and (5). | |
Schedule 2 Form D: PROXY PAPER | For “REPRESENTATION OF THE PEOPLE ACTS” substitute “GREATER LONDON REFERENDUM” |
For “Constituency” substitute “Voting area”. | |
Omit “Local government electoral area(s)”. | |
For the words from “*[who qualifies” to “local government electoral area].]” substitute “to vote for him/her at the referendum on (insert date)”. | |
Omit “*[This proxy appointment is not valid until…]”. | |
For paragraphs 2 and 3 of the note substitute—
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In paragraph 4 of the note—
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For paragraph 5 of the note substitute—
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