The Regional Assembly and Local Government Referendums Order 2004

Application and modification of enactments relating to elections

This section has no associated Explanatory Memorandum

6.—(1) The provisions set out in column (1) of the Tables in Parts 1 to 3 of Schedule 2 shall have effect in relation to a referendum with the modifications shown against those provisions in column (2) of those Tables; and in particular, except where the context otherwise requires—

(a)a reference to an election shall be construed as a reference to a referendum;

(b)a reference to a returning officer or acting returning officer shall be construed as a reference to the counting officer;

(c)a reference to a constituency, an electoral area, division or ward shall be construed as a reference to a voting area;

(d)a reference to voting for, or a vote for, a candidate shall be construed as a reference to voting for, or a vote for, a referendum answer;

(e)a reference to promoting or procuring the election of a candidate, or furthering a person’s candidature, shall be construed as a reference to promoting or procuring a particular referendum answer;

(f)references to nomination papers and, except as mentioned in sub-paragraphs (d) and (e), references to candidates, shall be ignored;

(g)a reference to the return of a person shall be construed as a reference to a particular referendum answer;

(h)a reference to a person voting as an elector shall be construed as a reference to a person voting on his own behalf;

(i)a reference to a person’s entitlement as an elector to an absent vote shall be construed as a reference to a person’s entitlement to vote by post on his own behalf or to vote by proxy;

(j)a reference to an election agent shall be construed as a reference to a referendum agent;

(k)a reference to anything being prescribed shall be construed as a reference to its being provided for by a provision of subordinate legislation applied by this Order;

(l)a form which is required to be used may be used with such variations as the circumstances may require;

(m)a reference to the registration officer is a reference to the relevant registration officer appointed under section 8 (registration officers) or 203(4) (application to Isles of Scilly) of the 1983 Act;

(n)any reference to an enactment or instrument made under an enactment shall be construed as a reference to that enactment or instrument as applied and modified (where applicable) by this Order; and

(o)so much of any provision as—

(i)relates to an election petition or an election court; or

(ii)applies only in relation to Scotland, Wales or Northern Ireland,

shall be ignored.

(2) The form shown in Part 4 of Schedule 2 shall have effect as the form of proxy paper for the appointment of a proxy at a particular Regional Assembly referendum or particular combined referendums.