The Greater London Authority (Referendum Arrangements) Order 1998

TABLE 1 REPRESENTATION OF THE PEOPLE ACT 1983 (C.2)

(1)	(2)
Provision	Modification
Section 18(1), (4) and (9) (polling districts and polling places)	After subsection (1) insert— “(1A) The polling districts and polling places designated under this section shall be the same as those used or designated for parliamentary elections, except where it appears to those responsible for the designation of parliamentary polling districts and polling places that special circumstances make it desirable for some other polling district or polling place to be designated.”.
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)(1)	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)(2)	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)(3)	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)(4)	For subsections (2) to (4) substitute— “(2) A person shall be guilty of an offence if— (a) he votes on his own behalf otherwise than by proxy— (i) more than once in the same voting area; (ii) in more than one voting area; or (iii) in any voting area when there is in force an appointment of a person to vote as his proxy in the referendum in another voting area, or (b) he votes on his own behalf in person and is entitled to vote by post, or (c) he votes on his own behalf in person knowing that a person appointed to vote as his proxy has already voted in person or is entitled to vote by post, or (d) he applies for a person to be appointed as his proxy to vote for him without applying for the cancellation of a previous appointment of a third person then in force or without withdrawing a pending application for such an appointment. (3) A person shall be guilty of an offence if— (a) he votes as proxy for the same person either— (i) more than once in the same voting area, or (ii) in more than one voting area, or (b) he votes in person as proxy for a person and is entitled to vote by post as proxy for that person, or (c) he votes in person as proxy for someone whom he knows already to have voted in person. (4) A person shall also be guilty of an offence if he votes as proxy in any voting area for more than two persons of whom he is not the husband, wife, parent, grandparent, brother, sister, child or grandchild.”.
Section 63 (breach of official duty)(5)	In subsection (3) after paragraph (b) insert— “(bb) the Chief Counting Officer or a counting officer;”.
Section 65 (tampering with papers)(6)	In subsection (3)— (a) for “a returning officer” substitute “the returning officer, the Chief Counting Officer, a counting officer”; and (b) for “clerk” substitute “person”.
Section 66 (requirement of secrecy)(7)	For subsection (1)(b) substitute— “(b) every Member of Parliament or polling observer so attending”.
Section 92 (broadcasting from outside the United Kingdom)(8)
Section 94(1) (imitation poll cards)(9)
Section 95 (schools and rooms for meetings)(9)	For subsection (1) substitute— “(1) Subject to the provisions of this section, any person is entitled, for the purpose of holding a public meeting to promote a particular result in the referendum, to use free of charge at reasonable times during the campaign period any meeting room to which this section applies. (1A) In subsection (1) “the campaign period” means the period of 25 days ending with the day before the date of the referendum.”.
	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— “(6) The lists maintained by London borough councils of meeting rooms which candidates at a parliamentary election in any constituency are entitled to use shall have effect for the purposes of the referendum; and any person shall, before the referendum, be entitled at all reasonable hours to inspect those lists or a copy of them.”.
Section 97 (disturbances at election meetings)(10)	For subsection (2) substitute— “(2) This section applies to a meeting in connection with the referendum held during the campaign period. (2A) In subsection (2) “the campaign period” means the period of 25 days ending with the day before the date of the referendum.”.
Section 100(1) and (2) (illegal canvassing by police officers)(11)	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)(12)
Section 109 (payments for exhibition of election notices)
Section 110 (printer’s name and address on election publications)(13)	For subsection (3) substitute— “(3) A person acting in contravention of this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.”.
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)(14)
Section 168 to 170 (prosecutions for corrupt and illegal practices)(15)
Section 173 (incapacities on conviction of corrupt or illegal practice)(16)	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)(17)
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)(18)
Section 179 (offences by associations)
Section 181(1) (Director of Public Prosecutions)(19)
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)(20)
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)(21)
Section 203(1) (local government provisions as to England and Wales)(22)

(1)

Section 36(4) was amended by Schedule 17 to the Local Government Act 1985 (c. 51) and Schedule 16 to the Local Government (Wales) Act 1994 (c. 19).

(2)

Section 47(1) was amended by regulation 4 of S.I. 1991/1728.

(3)

Section 49(2) was amended by Schedule 5 to the 1985 Act and section 49(5) was substituted by Schedule 2 to S.I. 1995/1948.

(4)

Amended by Schedules 2 and 5 to the 1985 Act.

(5)

This section was substituted by Schedule 4 to the 1985 Act.

(6)

Subsections (3) and (4) were substituted by Schedule 3 to the 1985 Act.

(7)

Subsection (6) was amended by Schedule 3 to the 1985 Act.

(8)

Subsection (1) was substituted by Schedule 20 to the Broadcasting Act 1990 (c. 42).

(9)

Amended by Schedule 4 to the 1985 Act.

(10)

Subsection (2) was amended by Schedule 4 to the 1985 Act and subsection (3) by Schedule 7 to the Police and Criminal Evidence Act 1984 (c. 60).

(11)

Subsection (2) was amended by Schedule 3 to the 1985 Act.

(12)

Section 103(2) was repealed, and section 104(b) amended, by Schedule 5 to the 1985 Act.

(13)

Subsection (3) was amended by Schedule 3 to the 1985 Act.

(14)

Subsection (1A) was inserted by Schedule 4 to the 1985 Act.

(15)

Sections 168 and 169 were amended by Schedule 3, 4 and 5 to the 1985 Act.

(16)

Paragraph (a) was amended by Schedule 5 to the 1985 Act.

(17)

Section 175(1) was amended by Schedule 3 to the 1985 Act and section 176 by Schedules 4 and 5 to that Act.

(18)

This section was substituted by Schedule 4 to the 1985 Act.

(19)

Amended by Schedule 4 to the 1985 Act.

(20)

Subsection (1) was substituted by Schedule 4 to the 1985 Act.

(21)

The definitions of “the absent voters' list” and “the list of proxies” were inserted by Schedule 2 to the 1985 Act. The definitions of “citizen of the Union” and “relevant citizen of the Union” were inserted by S.I. 1995/1948.

(22)

Amended by Schedule 4 to the 1985 Act, Schedule 17 to the Local Government Act 1985 and Schedule 13 to the Education Reform Act 1988 (c. 40).