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Statutory Instruments

2007 No. 2089

LOCAL GOVERNMENT, ENGLAND

The Local Authorities (Conduct of Referendums) (England) Regulations 2007

Made

13th July 2007

Coming into force in accordance with regulation 1

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 45 and 105 of the Local Government Act 2000(1):

The Secretary of State has consulted the Electoral Commission about these Regulations in accordance with section 45(8A) of that Act.

In accordance with section 45(8B) of that Act, the Secretary of State has consulted the Electoral Commission on the intelligibility of the questions which may be asked at a referendum as specified in these Regulations. He has laid before each House of Parliament a report stating the views expressed by the Commission in response.

In accordance with section 45(8D) of that Act, the Secretary of State has sought and had regard to the views of the Electoral Commission on the matter of the limitation of referendums expenses. He has laid no statement before each House of Parliament in pursuance of that subsection because these Regulations accord with those views.

In accordance with section 105(6) of that Act, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.

Citation, commencement and revocations

1.—(1) These Regulations may be cited as The Local Authorities (Conduct of Referendums) (England) Regulations 2007.

(2) These Regulations come into force 14 days after the day on which they are made.

(3) These Regulations apply to the holding of referendums by local authorities in England.

(4) The following statutory instruments are revoked—

(a)The Local Authorities (Conduct of Referendums) (England) Regulations 2001(2);

(b)The Local Authorities (Conduct of Referendums) (England) (Consequential Amendments) Order 2001(3);

(c)The Local Authorities (Conduct of Referendums) (England) (Amendment) Regulations 2004(4);

(d)The Civil Partnerships Act 2004 (Amendments to Subordinate Legislation) Order 2005,(5) to the extent of Part 3 of Schedule 12.

Interpretation

2.—(1) In these Regulations—

“the 1983 Act” means the Representation of the People Act 1983(6);

“the 1985 Act” means the Representation of the People Act 1985(7);

“the 2000 Act” means the Local Government Act 2000(8);

“the Petitions and Directions Regulations” means The Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000(9);

“the Representation of the People Regulations” means The Representation of the People (England and Wales) Regulations 2001(10);

“the Combination of Polls Regulations” means The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004(11);

“the Local Government Act Referendums Rules” means the rules set out in Schedule 3 to these Regulations;

“the Local Government Act Referendums (Combination of Polls) Rules” means the rules set out in Schedule 5 to these Regulations;

“counting observer” means a person appointed by a counting officer under rule 18(2) of the Local Government Act Referendums Rules or rule 18(1) of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be);

“counting officer” means a person referred to in regulation 9;

“elected mayor”, in relation to a local authority, means an individual elected as mayor of the authority by the local government electors for the authority’s area in accordance with provisions made by or under Part 2 of the 2000 Act;

“European Parliamentary election” and “European Parliamentary general election” must be construed in accordance with section 27(1) of the 1985 Act(12);

“further referendum” means a referendum held in pursuance of an order under regulation 17(3);

“local government election” must be construed in accordance with section 203(1) of the 1983 Act(13);

“mayoral election” must be construed in accordance with The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007(14);

“outline fall-back proposals”—

(a)

in relation to proposals under section 25 (proposals) of the 2000 Act, means an outline of the proposals that a local authority intend to implement if their proposals under section 25 are rejected in a referendum;

(b)

in relation to proposals under regulation 17 (action before referendum) or regulation 19 (action on receipt of direction) of the Petitions and Directions Regulations, means an outline of the proposals that a local authority intend to implement if proposals that are to be the subject of a referendum under Part 2 or Part 3 of those Regulations are rejected in that referendum;

(c)

in relation to proposals under an order under section 36 (referendum following order) of the 2000 Act, means—

(i)

if the authority are then operating executive or alternative arrangements, a summary of those arrangements;

(ii)

in any other case, an outline of the proposals that the authority intend to implement if proposals that are to be the subject of a referendum are rejected in that referendum;

(d)

in relation to proposals under regulations under section 30 (operation of different executive arrangements) or section 33 (operation of alternative arrangements) of the 2000 Act, means a summary of the authority’s existing executive arrangements or existing alternative arrangements (as the case may be);

“petition organiser”, in relation to a referendum, means a person who is treated for the purposes of regulation 10(4) or (5) (formalities of petition) (as the case may be) of the Petitions and Directions Regulations, as the petition organiser of any valid petition (whether an amalgamated petition, a constituent petition or a post-announcement petition) received by the council by or in respect of which the referendum is held;

“polling observer” means a person appointed by a counting officer under rule 18(1) of the Local Government Act Referendums Rules or rule 19(1) of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be);

“proper officer” must be construed in accordance with section 270(3) of the Local Government Act 1972(15);

“proposals date”—

(a)

in relation to a referendum, other than a further referendum, means the date on which proposals—

(i)

under section 25 of the 2000 Act which involve a form of executive for which a referendum is required,

(ii)

under regulation 17 or 19 of the Petitions and Directions Regulations,

(iii)

under an order under section 36 of the 2000 Act, or

(iv)

under regulations under section 30 or 33 of the 2000 Act,

are sent to the Secretary of State; and

(b)

in relation to a further referendum, means the day which falls two months before the day on which the poll at the further referendum is held;

“referendum” means a referendum held under section 27 (referendum in case of proposals involving elected mayor) of the 2000 Act, or by virtue of regulations or an order made under any provision of Part 2 (arrangements with respect to executives etc.) of the 2000 Act;

“referendum period”, in relation to a referendum (including a further referendum), means the period beginning with—

(a)

where the proposals date precedes the coming into force of these Regulations, the date on which these Regulations come into force;

(b)

in any other case, the proposals date,

and ending on the date of the referendum;

“relevant election or referendum” means one or more of the following—

(a)

another referendum (including a further referendum);

(b)

a Parliamentary election;

(c)

a European Parliamentary election;

(d)

a local government election;

(e)

a mayoral election;

the poll at which is taken together with the poll at the referendum;

“voting area” means the area in which a referendum is held.

(2) Any reference in the following provisions of these Regulations to a section followed by a number is, unless the context otherwise requires, a reference to the section of the 2000 Act that bears that number.

Question to be asked in referendum

3. Where the proposals in relation to which a referendum is to be held involve—

(a)a mayor and cabinet executive, the question to be asked in that referendum is to be in the form set out in paragraph 1 of Schedule 1 to these Regulations;

(b)a mayor and council manager executive, the question to be asked in that referendum is to be in the form set out in paragraph 2 of that Schedule;

(c)a leader and cabinet executive, the question to be asked in that referendum is to be in the form set out in paragraph 3 of that Schedule.

Publicity and other information in connection with referendums

4.—(1) Subject to paragraph (2), the proper officer must, as soon as practicable after the proposals date, publish in at least one newspaper circulating in the local authority’s area, a notice which contains—

(a)a statement that, as the case may be—

(i)proposals under section 25 involving a form of executive for which a referendum is required,

(ii)proposals under regulation 17(3) or 19(1) of the Petitions and Directions Regulations,

(iii)proposals under an order under section 36, or

(iv)proposals under regulations under section 30 or 33,

have been sent to the Secretary of State;

(b)a description of the main features of the proposals and of the outline fall-back proposals;

(c)a statement—

(i)that a referendum will be held,

(ii)of the date on which the referendum will be held,

(iii)in a case to which regulation 10(1) or (7) applies, that the poll in the referendum will be taken together with the poll or polls in an election or elections of a description which is to be specified in the statement,

(iv)of the question to be asked in the referendum,

(v)that the referendum will be conducted in accordance with procedures similar to those used at local government elections,

(vi)of the referendum expenses limit (as defined in regulation 6(1)) that will apply in relation to the referendum and the number of local government electors by reference to which that limit has been calculated,

(vii)of the address and times at which a copy of the proposals, and of the authority’s outline fall-back proposals, may be inspected,

(viii)of the procedures for obtaining a copy of the proposals and outline fall-back proposals, and

(ix)if the proper officer then knows that the poll in the referendum (whether or not it is to be taken together with the poll in an election) will be taken together with the poll in a referendum for another area, that the polls will be taken together for the two (or more) areas, which are to be specified in the statement.

(2) At least 14 days before the day on which he publishes a notice in accordance with paragraph (1) the proper officer of an authority must, by notice in writing, advise—

(a)if he is the proper officer of a county council, the proper officer of the council of each district comprised in the county;

(b)if he is the proper officer of a district council comprised in an area for which there is a county council, the proper officer of—

(i)the council of the county in which the district lies, and

(ii)each of the other district councils in that county,

that he intends to publish a notice under paragraph (1) and of the date of the referendum to be held in his area.

(3) It is the duty of each proper officer—

(a)to whom notice has been given under paragraph (2), and

(b)whose council are considering the holding of a referendum in their area,

to consider whether it would be practicable to combine that referendum with the one of which such notice has been given; and each such officer must reply to the notice with seven days from the date of its receipt, indicating whether his authority wish to combine their referendum with that to which that notice refers.

(4) Unless the notice required to be published by paragraph (1) (“the first notice”) is published fewer than 56 days before the date of the referendum, the proper officer must publish a second notice containing the particulars specified in paragraph (1)(c)(i) to (viii) and, if paragraph (1)(c)(ix) applies (whether or not it applied in relation to the first notice), the particulars specified in that paragraph.

(5) The second notice is to be published—

(a)in the same newspaper or newspapers as were used for the publication of the first notice, and

(b)not greater than 55 days and not fewer than 28 days before the date of the referendum.

(6) The authority must make available for inspection throughout the referendum period, at the address and times stated in the notice, and free of charge, a copy of their proposals and outline fall-back proposals, and must secure that sufficient copies are available for persons who wish to obtain copies.

(7) The authority may provide (whether or not in pursuance of any duty to do so) any other factual information relating to the proposals, the outline fall-back proposals or the referendum so far as it is presented fairly.

(8) In determining for the purposes of paragraph (7) whether any information is presented fairly, regard is, in accordance with section 38, to be had to any guidance for the time being issued by the Secretary of State under section 38.

Restriction on publication etc. of promotional material

5.—(1) This regulation applies to any material which—

(a)provides general information about the referendum,

(b)deals with any of the issues raised by the question to be asked in the referendum, or

(c)puts any arguments for or against a particular answer to that question.

(2) No material to which this regulation applies is to be published by or on behalf of a local authority during the period of 28 days ending with the date of the poll at the referendum.

(3) Paragraph (2) does not apply to—

(a)material made available to persons in response to specific requests for information or to persons specifically seeking access to it,

(b)the publication of information relating to the holding of the poll at the referendum, or

(c)the publication of press notices containing factual information where the sole purpose of the publication is to refute or correct any inaccuracy in material published by a person other than the local authority.

(4) In this regulation “publish” means make available to the public at large, or to any section of the public, in whatever form and by whatever means (including, in particular, by inclusion in any programme included in a programme service within the meaning of the Broadcasting Act 1990(16)); and “publication” is to be construed accordingly.

General restriction on referendum expenses

6.—(1) In this regulation and regulation 7—

“campaign organiser” means the individual or body by whom, or on whose behalf, referendum expenses are incurred (including expenses treated as incurred) in connection with a referendum campaign;

“referendum campaign” means a campaign conducted with a view to promoting or procuring a particular outcome in relation to the question to be asked in a referendum;

“referendum expenses” means the expenses incurred by or on behalf of any individual or body during the referendum period for referendum purposes in respect of any of the matters set out in paragraphs 1 to 7 of Schedule 2 to these Regulations, as read in accordance with paragraph 8 of that Schedule;

“referendum expenses limit” means the aggregate of £2,362 and the amount found by multiplying by 5.9 pence the number of entries in the relevant register;

“for referendum purposes” means—

(a)

in connection with the conduct or management of any campaign conducted with a view to promoting or procuring a particular outcome in relation to the question asked in the referendum, or

(b)

otherwise in connection with promoting or procuring any such outcome;

“the relevant register” means the register (or registers) of local government electors published under section 13 (publication of registers) of the 1983 Act(17) after the conclusion of the canvass conducted under section 10 of that Act(18) in the year immediately preceding that in which the referendum is held, which has (or have) effect in the area of the local authority by which or as regards which the referendum is held (whether or not the persons to whom those entries relate are entitled to vote in the referendum).

(2) The total referendum expenses incurred, or, in accordance with regulation 7, treated as incurred, by or on behalf of any individual or body must not exceed the referendum expenses limit.

(3) Where any referendum expenses are incurred in excess of the referendum expenses limit, a person who knew or ought reasonably to have known that that limit would be exceeded, or who, without reasonable excuse, authorises another person to exceed that limit, is guilty of an offence.

(4) Where information is given to the Director of Public Prosecutions that an offence under paragraph (3) has been committed, it is his duty to make such inquiries and institute such prosecutions as the circumstances of the case appear to him to require.

(5) Where an offence under paragraph (3) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any other person purporting to act in any such capacity, he, as well as the body corporate, is guilty of that offence and is liable to be proceeded against and punished accordingly.

(6) A person who commits an offence under paragraph (3) is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding 12 months or both, or

(b)on conviction on indictment, to a fine or imprisonment for a term not exceeding 12 months or both.

(7) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003,(19) the reference in paragraph (6)(a) to 12 months is to be read as a reference to 6 months.

(8) Nothing in paragraph (2) affects the right of any creditor who, when the expense was incurred, was ignorant of that expense being in contravention of that paragraph.

Notional referendum expenses

7.—(1) This regulation applies where—

(a)property, services or facilities is or are provided for the use or benefit of any person either—

(i)free of charge, or

(ii)at a discount of more than 10 per cent of the commercial rate for the use of the property or for the provision of the services or facilities; and

(b)the property, services or facilities is or are made use of by or on behalf of that person in circumstances such that, if any expenses were to be (or are) actually incurred by him or on his behalf in respect of that use, they would be (or are) referendum expenses incurred by him or on his behalf.

(2) Subject to paragraph (5), where this regulation applies an amount of referendum expenses determined in accordance with paragraph (3) is, unless it is not more that £200, to be treated for the purposes of regulation 6 as incurred by that person during the period for which the property, services or facilities is or are made use of as mentioned in paragraph (1)(b).

(3) The amount mentioned in paragraph (2) is such proportion of either—

(a)the commercial rate for the use of the property or the provision of the services or facilities (where the property, services or facilities is or are provided free of charge), or

(b)the difference between that commercial rate and the amount of the expenses actually incurred by or on behalf of that person in respect of the use of the property or the provision of the services or facilities (where the property, services or facilities is or are provided at a discount),

as is reasonably attributable to the use made of the property, services or facilities as mentioned in paragraph (1)(b).

(4) Where the services of an employee are made available by his employer for the use or benefit of a person, the amount which is to be taken as constituting the commercial rate for the provision of those services is the amount of the remuneration or allowances payable to the employee by his employer in respect of the period for which his services are made available (but that amount is not to include any amount in respect of contributions or other payments for which the employer is liable in respect of the employee).

(5) No amount of referendum expenses is to be regarded as incurred by virtue of paragraph (2) in respect of the provision by any individual of his own services which he provides voluntarily in his own time and free of charge.

Conduct of referendum: poll at referendum not taken together with poll at relevant election or referendum

8.—(1) A referendum is to be conducted in accordance with the Local Government Act Referendums Rules (as contained in Schedule 3 to these Regulations), unless the poll at the referendum is taken together with the poll at a relevant election or referendum.

(2) The provisions mentioned in the first column of Tables 1 to 6 of Schedule 4 to these Regulations have effect in relation to referendums, subject to the modifications specified in that Schedule and to any contrary provision of these Regulations.

Counting officer

9.—(1) Subject to regulations 11(2) and 13(2), functions conferred by these Regulations on the counting officer are to be exercised in each voting area by the person who is for the time being the returning officer at elections of councillors for that area under section 35(1) or (3) (returning officers: local elections) of the 1983 Act.(20)

(2) It is the counting officer’s general duty at the referendum to do all such acts and things as may be necessary for effectually conducting the referendum in the manner provided by these Regulations.

(3) The counting officer must also appoint and pay such persons as may be necessary for the purpose of the counting of the votes.

Combination of polls: general

10.—(1) Where the poll at a referendum would be taken on a day that falls within the period—

(a)beginning 28 days before the day on which the poll is to be taken at an election of a description mentioned in paragraph (2), and

(b)ending 28 days after the day on which the poll is to be taken at any such election,

the poll at the referendum must, subject to paragraphs (3) and (5), be taken on the day on which the poll is to be taken at the election; and the polls must be taken together.

(2) The descriptions of election mentioned in this paragraph are—

(a)an ordinary election of councillors for a county electoral division or a district or London borough ward (as the case may be) of the local authority by which or as regards which the referendum is to be held;

(b)an ordinary election of councillors for a county electoral division or a district or London borough ward (as the case may be) of any other local authority, where that division or ward is wholly or partly within the area of the local authority by which or as regards which the referendum is to be held;

(c)a parliamentary general election;

(d)an election to fill a vacancy in a parliamentary constituency that is wholly or partly within the area of the local authority by which or as regards which the referendum is to be held;

(e)a European Parliamentary general election;

(f)a European Parliamentary election in respect of an electoral region within the meaning of section 1 of the European Parliamentary Elections Act 2002(21) in which the area of the local authority by which or as regards which the referendum is to be held falls;

(g)an ordinary election within the meaning of Part 1 (the Greater London Authority) of the Greater London Authority Act 1999,(22) where the local authority by which or as regards which the referendum is to be held is a London borough;

(h)an election (other than an ordinary election) of the Mayor of London under section 16(2) (filling a vacancy in the office of Mayor) of the Greater London Authority Act 1999, where the local authority by which or as regards which the referendum is to be held is a London borough.

(3) Where the poll at a referendum would be taken together with the poll at an election of a description mentioned in paragraph (2)(c), (d), (f) or (h), paragraph (1) does not apply where notice of the date of the referendum is given under regulation 4 before the date on which notice is given of the date of the election, and the date of the referendum is not the same as that of the election.

(4) In a case to which paragraph (3) applies, the poll at the referendum is to be taken on the day of which notice has been given under regulation 4.

(5) Nothing in paragraph (1) requires the poll at a referendum to be taken together with the poll at an election where the day on which those polls would be taken falls within the period—

(a)beginning five months after the date that, in relation to the referendum, is the petition date or the direction date (as the case may be), and

(b)ending six months after the petition date or direction date (as the case may be).

(6) In paragraph (5)—

“petition date” must be construed in accordance with Part 2 (Petitions and Referendums) of the Petitions and Directions Regulations(23);

“direction date” means the date on which the Secretary of State gives a direction under regulation 18 (circumstances in which Secretary of State may require referendum) of those Regulations.

(7) The poll at a referendum may be taken together with the poll at an election under section 89 (filling of casual vacancies in the case of councillors) of the Local Government Act 1972(24) or under section 10 (filling a vacancy in an Assembly constituency) of the Greater London Authority Act 1999—

(a)where the referendum is to be held in compliance with a direction of the Secretary of State, if he so determines;

(b)in any other case, if the authority by which the referendum is to be held so determines.

(8) Notice of a determination under paragraph (7) must be given in writing—

(a)where the determination is made by the Secretary of State, to the authority or authorities (as the case may be) by which the election and the referendum concerned are to be held;

(b)where the determination is made by an authority, to the authority (other than themselves) by which the election concerned is to be held.

(9) Subject to paragraph (10), where an authority (“the first authority”) have given notice under regulation 4(1) of the date on which a referendum will be held in their area, no other authority—

(a)whose area includes that of the first authority, or

(b)whose area is part of that of the council of the same county as that of the first authority,

may hold a referendum in their area within the period beginning 28 days before the date of the first authority’s referendum and ending 28 days after that date unless the polls at the referendums are combined.

(10) Where the date on which a referendum is to be held in a county is the same as that on which a referendum is to held in any district within that county, the polls must be taken together.

Combination of referendum and election polls: conduct of referendum

11.—(1) This regulation applies, in relation to the referendum, where polls are taken together in accordance with regulation 10(1) or (7).

(2) The referendum is to be conducted in accordance with the Local Government Act Referendums (Combination of Polls) Rules (as contained in Schedule 5 to these Regulations).

(3) The provisions specified in the first column of Tables 1 to 6 of Schedule 4 have effect in relation to the referendum, subject to the modifications specified in that Schedule and to any contrary provision of these Regulations.

(4) Where a person applies under Schedule 4 to the Representation of the People Act 2000(25) to vote by post, or to vote by proxy, at the election, he is to be treated as applying also to vote by post, or to vote by proxy, at the referendum.

Combination of referendum and election polls: supplementary provisions relating to elections

12.—(1) This regulation applies, in relation to the election or elections (as the case may be), where polls are taken together in accordance with regulation 10(1) or (7).

(2) The provisions specified in the first column of Tables 2, 3 and 6 of Schedule 4 have effect in relation to elections to which this regulation applies, subject to the modifications specified in that Schedule and to any contrary provision of these Regulations.

(3) Where a person applies under Schedule 4 to the Representation of the People Act 2000 to vote by post, or to vote by proxy, at the referendum, he is to be treated as applying also to vote at the election by post or by proxy.

Combination of referendum polls: supplementary

13.—(1) This regulation applies where polls at referendums are taken together in accordance with regulation 10(9) or (10).

(2) The functions mentioned in paragraph (3) are all to be discharged by one counting officer, and the counting officers are to agree as to which of them that should be.

(3) The functions mentioned in this paragraph are—

(a)those under the following rules of the Local Government Act Referendums (Combination of Polls) Rules—

(i)unless paragraph (ii) applies, rule 8 (the corresponding number list) to the extent that it relates to ballot papers to be provided in pursuance of rule 17(1);

(ii)where the proceedings on the issue and receipt of postal ballot papers at the referendums are taken together under regulation 65 of Representation of the People Regulations (as applied by paragraph (5)), rule 8 (the corresponding number list);

(iii)rule 12(3) (notice of situation of polling stations, etc.);

(iv)where the proceedings on the issue and receipt of postal ballot papers at the referendums are taken together under regulation 65 of Representation of the People Regulations (as applied by paragraph (5)), rule 13 (postal ballot papers);

(v)rule 14 (provision of polling stations);

(vi)rule 15(1) and (2) (appointment of presiding officers and clerks) to the extent that that rule concerns the appointment of presiding officers and clerks to assist them;

(vii)rule 17 (equipment of polling stations);

(viii)rule 20 (notification of requirement of secrecy in relation to polling stations);

(ix)where the proceedings on the issue and receipt of postal ballot papers at the referendums are taken together under regulation 65 of Representation of the People Regulations (as applied by paragraph (5)), rule 22 (return of postal ballot papers);

(x)rule 23(3) (signature as to certificate of employment);

(xi)rule 24(2)(b) (keeping of order in station);

(xii)rule 38(1) (the count); and

(b)where the proceedings on the issue and receipt of postal ballot papers at more than one referendum are taken together under regulation 65 of the Representation of the People Regulations (as applied by paragraph (5)), the functions conferred by the provisions of Part 5 of those Regulations applied by paragraph (5).

(4) The referendums are to be conducted in accordance with the Local Government Act Referendums (Combination of Polls) Rules.

(5) The provisions specified in the first column of Tables 1 to 6 of Schedule 4 have effect in relation to the referendums, subject to the modifications specified in that Schedule and to any contrary provision of these Regulations.

(6) The cost of taking the combined poll (excluding any cost solely attributable to one referendum) and any cost attributable to the combination is to be apportioned equally among the referendums.

Result of referendum or further referendum

14.—(1) This regulation is subject to regulations 16 and 17.

(2) If the majority of the votes cast in a referendum other than a further referendum are “yes” votes, the result of the referendum is—

(a)for the purposes of section 27(7), to approve the authority’s proposals under section 25;

(b)for the purposes of regulation 23 (action where referendum proposals approved) of the Petitions and Directions Regulations or, as the case may be, the comparable provisions of any other regulations or order made under any provision of Part 2 of the 2000 Act, to approve the proposals that were the subject of the referendum.

(3) If the majority of the votes cast in a referendum other than a further referendum are “no” votes, the result of the referendum is—

(a)for the purposes of section 27(8), to reject the authority’s proposals under section 25;

(b)for the purposes of regulation 24 (action where referendum proposals rejected) of the Petitions and Directions Regulations or, as the case may be, the comparable provisions of any other regulations or order made under any provision of Part 2 of the 2000 Act, to reject the proposals that were the subject of the referendum.

(4) If the majority of the votes cast in a further referendum are “yes” votes, the result of the referendum is to approve the continuation of the authority’s existing executive arrangements or their existing alternative arrangements (as the case may be).

(5) If the majority of the votes cast in a further referendum are “no” votes, the result of the referendum is to reject the continuation of the authority’s existing executive arrangements or their existing alternative arrangements (as the case may be).

(6) In a case to which paragraph (5) applies, section 27(8) to (12) is then to apply as if the result of the further referendum was the rejection of the authority’s proposals under section 25, but subject—

(a)in section 27(8)(b), to the insertion after “outline fall-back proposals” of “that were proposed at the time of the referendum”,

(b)in section 27(9), to the omission of “outline fall-back proposals or”, and

(c)in section 27(10), to the substitution for “Outline fall-back proposals and detailed” of “Detailed”.

Procedures for questioning referendum

15.—(1) A referendum under these Regulations may be questioned by petition (“a referendum petition”)—

(a)on the ground that the result of the referendum was not in accordance with the votes cast,

(b)on the ground that the referendum was avoided by such corrupt or illegal practices, within the meaning of the 1983 Act, as are relevant to referendums by virtue of regulation 8, 11 or 13 or paragraph (8),

(c)on the grounds provided by section 164 (avoidance of election for general corruption etc.) of the 1983 Act, as applied for the purposes of these Regulations by paragraph (8), or

(d)subject to paragraph (3), on the ground that a payment of money or other reward has been made or promised since the referendum in pursuance of a corrupt or illegal practice relevant to the referendum by virtue of regulation 8, 11 or 13 or paragraph (8).

(2) A referendum petition on any of the grounds specified in paragraph (1)(a) to (c) must be presented not later than 21 days after the day on which the referendum was held.

(3) A referendum petition on the ground mentioned in paragraph (1)(d) may be presented only with the leave of the High Court.

(4) An application for leave must be made, not later than 28 days after the date of the alleged payment or promise, by application notice to the court at such time and place as the court may appoint.

(5) Not less that seven days before the day so appointed the applicant must—

(a)serve the application notice on the respondent and the Director of Public Prosecutions and lodge a copy in the election petitions office, and

(b)publish notice of the intended application in at least one newspaper circulating in the voting area for the referendum to which the application relates.

(6) The application notice must state the grounds on which the application is made.

(7) A referendum petition is to be tried by an election court, that is to say, a court constituted under section 130 (election court for local election in England and Wales, and place of trial) of the 1983 Act for the trial of an election petition, as applied by paragraph (8).

(8) Schedule 6 to these Regulations contains provisions which have effect in relation to the questioning of a referendum as they have effect in relation to the questioning of an election under the Local Government Act 1972, subject to the modifications specified in that Schedule and to any contrary provision of these Regulations.

(9) The Election Petition Rules 1960(26) have effect in relation to a referendum petition as they have effect in relation to a local election petition within the meaning of those Rules, subject to the modifications specified in Schedule 7 to these Regulations and to any contrary provision of these Regulations.

Immediate consequences of referendum petitions

16.—(1) This regulation, apart from paragraph (8), applies where—

(a)a referendum petition is presented on any of the grounds mentioned in regulation 15(1)(a) to (c), or

(b)leave is granted to the presentation of a referendum petition brought under the ground mentioned in regulation 15(1)(d).

(2) Where this regulation applies—

(a)in relation to a referendum—

(i)at which the question asked was in the form set out in paragraph 3 of Schedule 1, and

(ii)in which the majority of the votes cast are “yes” votes; and

(b)before the authority have passed a resolution under section 29,

the authority must take no further steps in consequence of the referendum until the election court has certified its determination in the matter of the referendum petition.

(3) Where this regulation applies—

(a)in relation to a referendum—

(i)at which the question asked was in the form set out in paragraph 3 of Schedule 1, and

(ii)in which the majority of the votes cast are “yes” votes; and

(b)after the authority have passed a resolution under section 29,

the authority must continue to operate the executive arrangements that are the subject of that resolution.

(4) Where this regulation applies—

(a)in relation to a referendum—

(i)at which the question asked was in the form set out in paragraph 1 or 2 of Schedule 1, and

(ii)in which the majority of the votes cast are “yes” votes; and

(b)without an election for the return of an elected mayor having taken place in consequence of the referendum,

the authority must take no further steps in consequence of the referendum until the election court has certified its determination in the matter of the referendum petition.

(5) Where this regulation applies—

(a)in relation to a referendum in which the majority of the votes cast are “no” votes; and

(b)the authority’s outline fall-back proposals are based on the executive or alternative arrangements which they were operating at the date of the referendum,

they must continue to operate those arrangements.

(6) Where this regulation applies but paragraph (5) does not apply—

(a)in relation to a referendum in which the majority of the votes cast are “no” votes, and

(b)before the authority have passed a resolution under section 29 (operation of, and publicity for, executive arrangements) or section 33 (operation of alternative arrangements),

the authority must take no further steps in consequence of the referendum until the election court has certified its determination in the matter of the referendum petition.

(7) Where this regulation applies—

(a)in relation to a referendum in which the majority of the votes cast are “no” votes, and

(b)after the authority have passed a resolution under section 29 or 33,

the authority must continue to operate the executive arrangements or the alternative arrangements (as the case may be) that are the subject of that resolution.

(8) Where leave is granted to the presentation of a referendum petition brought under the ground mentioned in regulation 15(1)(d)—

(a)in relation to a referendum—

(i)at which the question asked was in the form set out in paragraph 1 or 2 of Schedule 1, and

(ii)in which the majority of the votes cast are “yes” votes; and

(b)after an election for the return of an elected mayor has taken place in consequence of the referendum,

the elected mayor is to continue in office.

Determination of referendum petitions and subsequent procedures

17.—(1) Where an election court certifies, as its determination of a referendum petition, that the result of the referendum declared under regulation 14 is or is not in accordance with the votes cast (as the case may be), any reference (in whatever terms) in the timetable—

(a)included in the authority’s proposals under section 25,

(b)included in their proposals under regulation 17(3)(a) or 19(1)(c) of the Petitions and Directions Regulations,

(c)prepared in pursuance of section 27(4) or regulation 17(7)(a)(ii) or 20(3)(a)(iii) of those Regulations, or

(d)prepared in pursuance of any other regulations or an order made under any provision of Part 2 (arrangements with respect to executives etc.) of the 2000 Act,

to the date of the result of the referendum is to be construed as a reference to the date on which the election court certifies its determination.

(2) Where an election court certifies, as its determination of a referendum petition specifying any of the grounds mentioned in regulation 15(1), that the referendum was avoided, the authority concerned must, not earlier than two months and not later than three months after the date on which the election court has certified that determination, hold another referendum.

(3) Where the circumstances are as mentioned in regulation 16(8)(a) and (b), the court must—

(a)dismiss the petition, or

(b)allow the petition,

and, where the court allows the petition, it must declare the referendum to be tainted, and order that a further referendum be held.

(4) Where the election court makes the order mentioned in paragraph (3), subject to regulation 10(1), the authority must hold the further referendum as soon as practicable after the expiration of the period of five years beginning with the date on which the tainted referendum was held.

(5) If the majority of the votes cast in a further referendum are “yes” votes—

(a)where the authority are operating executive arrangements, they must continue to operate those arrangements unless and until they are authorised or required to operate different executive arrangements or authorised to operate alternative arrangements in place of their existing executive arrangements, and

(b)where the authority are operating alternative arrangements, they must continue to operate those arrangements unless and until they are authorised to operate different alternative arrangements or authorised or required to operate executive arrangements in place of their existing alternative arrangements.

(6) If the majority of votes cast in the further referendum are “no” votes, the authority—

(a)must implement the proposals that were their outline fall-back proposals at the time of the tainted referendum, and

(b)subject to paragraphs (7) and (8), section 27(13) (referendum in case of proposals involving elected mayor) applies to the implementation of detailed fall-back proposals as if those outline fall-back proposals were outline fall-back proposals in the event that proposals under section 25 (proposals) are rejected in a referendum under section 27.

(7) Where the authority’s outline fall-back proposals are the executive or alternative arrangements which they were operating at the date of the tainted referendum, section 27(13) applies (as mentioned in paragraph (6)) as if, for “in accordance with the timetable mentioned in subsection (4)”, there were substituted “as soon as practicable”.

(8) Where the authority’s outline fall-back proposals are executive arrangements which involve a form of executive for which a referendum is not required—

(a)section 29(1) (operation of, and publicity for, executive arrangements) applies for the purpose of enabling the authority to operate the executive arrangements set out in their detailed fall-back proposals as it applies for the purpose of enabling an authority to operate executive arrangements in other circumstances, and

(b)section 29(2) applies as if in paragraph (b) for sub-paragraph (i) there were substituted—

“(i)states that, in consequence of the rejection in a further referendum of the authority’s existing executive arrangements, the authority have resolved to operate the different executive arrangements that were described in their outline fall-back proposals at the time of the referendum,”.

(9) These Regulations, except where the context otherwise requires, apply (so far as relevant) to the conduct of the further referendum as they apply to the conduct of any other referendum subject to—

(a)in regulation 4—

(i)the omission of paragraph (1)(a),

(ii)in paragraph (1)(b), the substitution for “the proposals” of “the authority’s existing executive arrangements”,

(iii)in paragraph (1)(c)(vii), the substitution for “a copy of the proposals” of “a document in which are set out the main features of the authority’s existing executive arrangements”,

(iv)in paragraph (1)(c)(viii), the substitution for “the proposals and” of “that document and those”,

(v)after paragraph (1)(c)(ix), the insertion of—

“(x)if it be the case, that the referendum is being held in consequence of the determination of an election court that the referendum last held in the authority’s area was void or, as the case may be, declared to be tainted by reason of a payment of money or other reward made or promised since the referendum in pursuance of a corrupt or illegal practice.”,

(vi)in paragraph (6), the substitution for “a copy of their proposals” of “a document in which are set out the main features of the authority’s current executive arrangements”; and

(b)in paragraphs 1 and 2 of Schedule 1, and in the first two forms to appear in the Appendix both to the Local Government Act Referendums Rules and the Local Government Act Referendums (Combination of Polls) Rules—

(i)the omission of “the proposal for”, and

(ii)the substitution for “to be run in a new way,” of “continuing to be run in a way”.

(10) On the substantive hearing of a referendum petition for which leave has been granted where the circumstances are as mentioned in any paragraph of regulation 16 other than paragraph (8), the election court must either—

(a)dismiss the petition, or

(b)allow the petition,

and, where the court allows the petition, it must declare the referendum avoided.

Time

18.—(1) The days mentioned in paragraph (2) are to be disregarded in calculating any period of time for the purposes of regulation 4(1).

(2) The days mentioned in this paragraph are—

(a)a Saturday or Sunday,

(b)Christmas Eve, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971(27) in England, and

(c)any day appointed as a day of public thanksgiving or mourning.

19. The Town and Country Planning (Control of Advertisements) Regulations 1992(28) have effect in relation to the display on any site in a voting area of an advertisement relating specifically to the referendum as they have effect in relation to the display of an advertisement relating specifically to a local government election.

Non-domestic rating: premises used for referendum purposes

20. In relation to premises in a voting area, section 65(6) of the Local Government Finance Act 1988(29) (occupation for election meetings and polls) has effect as if—

(a)the reference to public meetings in furtherance of a person’s candidature at an election included a reference to public meetings promoting a particular result in the referendum, and

(b)the reference to the use by a returning officer for the purpose of taking the poll in an election included a reference to the use for the purpose of taking the poll in the referendum—

(i)by a person exercising functions of a counting officer in accordance with regulation 9, or

(ii)by a relevant returning or counting officer within the meaning of rule 2(1) of the Local Government Act Referendums (Combination of Polls) Rules.

Signed by the authority of the Secretary of State

Bridget Prentice

Parliamentary Under-Secretary of State

Ministry of Justice

13th July 2007

Regulation 3

SCHEDULE 1Questions to be Asked in a Referendum

1. Are you in favour of the proposal for [insert name of local authority] to be run in a new way, which includes a mayor, who will be elected by the voters of that [insert “borough”, “city”, “county” or “district”, as appropriate], to be in charge of the Council’s services and to lead [insert name of local authority] and the community which it serves?

2. Are you in favour of the proposal for [insert name of local authority] to be run in a new way, which includes a mayor, who will be elected by the voters of that [insert “borough”, “city”, “county” or “district”, as appropriate], to lead [insert name of local authority] and the community which it serves?

3. Are you in favour of the proposal for [insert name of local authority] to be run in a new way, which includes a councillor, who will be elected by the councillors of [insert name of local authority], to lead the Council and the community which it serves?

Regulation 6(1)

SCHEDULE 2Matters relevant to Referendum Expenses

1. Advertising of any nature (whatever the medium used).

Expenses in respect of such advertising include agency fees, design costs and other costs in connection with preparing, producing, distributing or otherwise disseminating such advertising or anything incorporating such advertising and intended to be distributed for the purpose of disseminating it.

2. Unsolicited material addressed to voters (whether addressed to them by name or intended for delivery to households within any particular area or areas).

Expenses in respect of such material include design costs and other costs in connection with preparing, producing or distributing such material (including the cost of postage).

3. Any material of a description referred to in regulation 5(1).

4. Market research or canvassing conducted for the purposes of ascertaining voting intentions.

5. The provision of any services or facilities in connection with press conferences or other dealings with the media.

6. Transport (by any means) of persons to any place or places with a view to obtaining publicity in connection with a referendum campaign.

Expenses in respect of the transport of such persons include the costs of hiring a particular means of transport for the whole or part of the referendum period.

7. Rallies and other events, including public meetings organised so as to obtain publicity in connection with a referendum campaign or for other purposes connected with a referendum campaign.

Expenses in respect of such events include costs in connection with the attendance of persons at such events, the hire of premises for the purposes of such events or the provision of goods, services or facilities at them.

8. Nothing in paragraphs 1 to 7 is to be taken as extending to—

(a)any expenses in respect of any property, services or facilities so far as those expenses fall to be met out of public funds;

(b)any expenses incurred in respect of the remuneration or allowances payable to any member of staff of the campaign organiser;

(c)any expenses incurred in respect of an individual by way of travelling expenses (by any means of transport) or in providing for his accommodation or other personal needs to the extent that the expenses are paid by the individual from his own resources and are not reimbursed to him.

Regulation 8

SCHEDULE 3The Local Government Act Referendums Rules

PART 1 Citation and Interpretation
1. 1.Citation
2. 2.Interpretation
PART 2 Provisions as to Time
1. 3.Timetable
2. 4.Computation of time
PART 3 General Provisions
1. 5.Notice of referendum
2. 6.Poll to be taken by ballot
3. 7.The ballot papers
4. 8.The corresponding number list
5. 9.The official mark
6. 10.Prohibition of disclosure of vote
7. 11.Use of schools and public rooms
PART 4 Action to be Taken Before the Poll
1. 12.Notice of poll
2. 13.Postal ballot papers
3. 14.Provision of polling stations
4. 15.Appointment of presiding officers and polling clerks
5. 16.Issue of official poll cards
6. 17.Equipment of polling stations
7. 18.Appointment of polling observers and counting observers
8. 19.Notification of requirement of secrecy
9. 20.Return of postal ballot papers
PART 5 The Poll
1. 21.Admission to polling station
2. 22.Keeping of order in station
3. 23.Sealing of ballot boxes
4. 24.Questions to be put to voters and proxies
5. 25.Challenge of voter or proxy
6. 26.Voting procedure
7. 27.Votes marked by presiding officer
8. 28.Voting by persons with disabilities
9. 29.Tendered ballot papers: circumstances where available
10. 30.Tendered ballot papers: general provisions
11. 31.Spoilt ballot papers
12. 32.Correction of errors on day of poll
13. 33.Adjournment of poll in case of riot
14. 34.Procedure on close of poll
PART 6 Counting of Votes
1. 35.Attendance at counting of votes
2. 36.The count
3. 37.Re-count
4. 38.Rejected ballot papers
5. 39.Decisions on ballot papers
6. 40.Equality of votes
PART 7 Declaration of Result and Disposal of Documents
1. 41.Declaration of result
2. 42.Sealing up of ballot papers
3. 43.Delivery of documents to relevant registration officer
4. 44.Orders for production of documents
5. 45.Retention of documents
PART 8 Appendix of Forms

PART 1General Provisions

Citation

1. These Rules may be cited as the Local Government Act Referendums Rules.

Interpretation

2.—(1) In these Rules “voter” means a person entitled to vote on his own behalf.

(2) Other expressions used both in these Rules and in the 1983 Act (as it applies to local government elections) have the same meaning in these Rules as they have in that Act.

PART 2Provisions as to Time

3. The proceedings at the referendum shall be conducted in accordance with the following Timetable.

Timetable

Proceedings	Time
Publication of notice of referendum	Not later than the twenty-fifth day before the day of referendum.
Notice of poll	Not later than the sixth day before the day of the referendum.
Polling	Between the hours of 7 in the morning and 10 at night on the day of referendum.

Computation of time

4. In computing any period of time for the purposes of the Timetable the days mentioned in regulation 18(2)(a) to (c) shall be disregarded, and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll nor shall the counting officer be obliged to proceed with the counting of the votes on such a day.

PART 3General Provisions

Notice of referendum

5.—(1) The counting officer must publish notice of the referendum, stating the date of the poll.

(2) The notice of referendum must state the date by which—

(a)applications to vote by post or by proxy, and

(b)other applications and notices about postal or proxy voting,

must reach the registration officer in order that they may be effective for the referendum.

Poll to be taken by ballot

6. A poll must be taken at the referendum and the votes at the poll must be given by ballot.

The ballot papers

7.—(1) The ballot of every person entitled to vote at the referendum must consist of a ballot paper.

(2) Every ballot paper to be used in the referendum must be in the appropriate form in the Appendix (depending on the question to be asked in the referendum).

(3) Every ballot paper must—

(a)be capable of being folded up; and

(b)have a number and other unique identifying mark printed on the back.

The corresponding number list

8.—(1) The counting officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by him in pursuance of rule 13(1) or provided by him in pursuance of rule 17(1).

(2) The list must be in the appropriate form in the Appendix or a form to like effect.

The official mark

9.—(1) Every ballot paper must contain an appropriate security marking (the official mark).

(2) The official mark must be kept secret.

(3) The counting officer may use a different official mark for different purposes at the same referendum.

Prohibition of disclosure of vote

10. No person who has voted at the referendum shall, in any legal proceeding to question the referendum, be required to state for which answer he has voted.

Use of schools and public rooms

11.—(1) The counting officer may use, free of charge, for the purpose of taking the poll or counting the votes—

(a)a room in a school maintained or assisted by a local education authority or a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school;

(b)a room the expense of maintaining which is payable out of any rate.

(2) The counting officer must make good any damage done to, and defray any expense incurred by the persons having control over, any such room as mentioned above by reason of its being used for the purpose of taking the poll or counting the votes.

PART 4Action to be Taken Before the Poll

Notice of poll

12.—(1) The counting officer must publish notice of the poll stating—

(a)the day and hours fixed for the poll, and

(b)the question to be asked in the referendum.

(2) The notice of the poll must be published no later than the sixth day before the date of the referendum.

(3) The counting officer must, not later than the time of the publication of the notice of the poll, also give public notice of—

(a)the situation of each polling station; and

(b)the description of persons entitled to vote there.

Postal ballot papers

13.—(1) The counting officer must, in accordance with regulations made under the 1983 Act,(30) issue to those entitled to vote by post a ballot paper and a postal voting statement in the appropriate form in the Appendix, or a form to like effect, together with such envelopes for their return as may be prescribed by such regulations.

(2) The counting officer must also issue to those entitled to vote by post such information as he thinks appropriate about how to obtain—

(a)translations into languages other than English of any directions to or guidance for voters and proxies sent with the ballot paper;

(b)a translation into Braille of such directions or guidance;

(c)graphical representations of such directions or guidance;

(d)the directions or guidance in any other form (including any audible form).

(3) The postal voting statement must include provision for the form to be signed and for stating the date of birth of the voter or proxy.

(4) In the case of a ballot paper issued to a person at an address in the United Kingdom, the counting officer must ensure that the return of the ballot paper and postal voting statement is free of charge to the voter or proxy.

Provision of polling stations

14.—(1) The counting officer must provide a sufficient number of polling stations and, subject to the following provisions of this rule, must allot the voters to the polling stations in such manner as he thinks most convenient.

(2) One or more polling stations may be provided in the same room.

(3) The polling station allotted to voters from any parliamentary polling district wholly or partly within the voting area must, in the absence of special circumstances, be in the parliamentary polling place for that district.

(4) The counting officer must provide each polling station with such number of compartments as may be necessary in which the voters and proxies can mark their votes screened from observation.

Appointment of presiding officers and polling clerks

15.—(1) The counting officer must appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary for the purposes of the referendum.

(2) The counting officer may, if he thinks fit, preside at a polling station and the provisions of these Rules relating to a presiding officer shall apply to a counting officer so presiding with the necessary modifications as to things to be done by the counting officer to the presiding officer or by the presiding officer to the counting officer.

(3) A presiding officer may do, by the clerks appointed to assist him, any act (including the asking of questions) which he is required or authorised by these Rules to do at a polling station except order the arrest, exclusion or removal of any person from the polling station.

Issue of official poll cards

16.—(1) The counting officer must as soon as practicable after the publication of the notice of the referendum send to each voter and proxy an official poll card.

(2) The official poll card must be sent or delivered—

(a)in the case of a voter, to his qualifying address, and

(b)in the case of a proxy, to his address as shown in the list of proxies.

(3) The official poll card must be in the appropriate form in the Appendix, or a form to the like effect, and must set out—

(a)the name of the council and of the voting area;

(b)the name of the voter, his qualifying address and number on the register;

(c)the date and hours of the poll and the situation of the voter’s polling station;

(d)such other information as the counting officer thinks appropriate,

and different information may be provided in pursuance of sub-paragraph (d) to different voters or to different descriptions of voter

(4) In the case of a voter who has an anonymous entry in the register, instead of containing the matter mentioned in paragraph (3)(b), the poll card must contain such matter as is specified in the appropriate form in the Appendix.

(5) In this rule references to a voter—

(a)are to a person who is registered in the register of local government electors for the voting area in question on the last day for the publication of notice of the referendum; and

(b)include a person then shown in the register as below voting age if (but only if) it appears from the register that he will be of voting age on the day fixed for the poll.

Equipment of polling stations

17.—(1) The counting officer must provide each presiding officer with such number of ballot boxes and ballot papers as in the counting officer’s opinion may be necessary.

(2) Every ballot box must be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked or, where the box has no lock, the seal being broken.

(3) The counting officer must provide each polling station with—

(a)materials to enable voters and proxies to mark the ballot papers;

(b)copies of the register of electors for the voting area or such part of it as contains the names of the voters allotted to the station;

(c)the parts of any special lists prepared for the referendum corresponding to the register of electors for the voting area or the part of it provided under sub-paragraph (b);

(d)a list consisting of that part of the list prepared under rule 8 which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station.

(4) The reference in paragraph (3)(b) to the copies of the register of electors includes a reference to copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act(31) in respect of alterations to the register.

(5) The counting officer must also provide each polling station with—

(a)at least one large version of the ballot paper which must be displayed inside the polling station for the assistance of voters and proxies who are partially sighted; and

(b)a device of such description as is set out in paragraph (9) for enabling voters and proxies who are blind or partially sighted to vote without any need for assistance from the presiding officer or any companion (within the meaning of rule 28(1)).

(6) A notice in the form in the Appendix, giving directions for the guidance of voters and proxies in voting, must be printed in conspicuous characters and exhibited inside and outside every polling station.

(7) The counting officer may also provide copies of the notice mentioned in paragraph (6) in Braille or translated into languages other than English as he considers appropriate, provided that these notices are accurate reproductions in Braille or that other language of that notice.

(8) In every compartment of every polling station there must be exhibited the notice “[Specify name of council ….] REFERENDUM. Mark a cross (X) in the box on the right hand side of the answer of your choice. Vote ONCE only. Put no other mark on the ballot paper, or your vote may not be counted.”.

(9) The device referred to in paragraph (5)(b) must—

(a)allow a ballot paper to be inserted into and removed from, or attached to and detached from, the device easily and without damage to the paper;

(b)hold the ballot paper firmly in place during use; and

(c)provide suitable means for the voter or proxy to—

(i)identify the spaces on the ballot paper on which he may mark his vote;

(ii)identify the answer to which each such space refers; and

(iii)mark his vote on the space he has chosen.

Appointment of polling observers and counting observers

18.—(1) The counting officer may appoint persons to attend at polling stations for the purpose of detecting personation (“polling observers”).

(2) The counting officer must appoint persons to observe the counting of the votes and the verification of the ballot paper account (“counting observers”).

(3) For the purpose of assisting the counting officer in the discharge of his functions under paragraph (2), a petition organiser may nominate persons who in the opinion of the petition organiser are suitable for appointment as counting observers.

(4) A nomination under paragraph (3) must be made by notice in writing to the counting officer not later than the fifth day before the poll (disregarding any day which is to be disregarded by virtue of rule 4) and the notice must contain the address of each nominee.

(5) Subject to paragraph (6), the counting officer must not, without good cause, decline to appoint as a counting observer a person nominated by a petition organiser under paragraph (3).

(6) The counting officer may limit the number of counting observers, so however that—

(a)the number must be the same in the case of each petition organiser, and

(b)the number allowed to a petition organiser must not (except in special circumstances) be fewer than the number obtained by dividing the number of clerks employed on the counting by the number of petition organisers.

For the purposes of the calculations required by this paragraph, a counting observer who has been appointed on the nomination of more than one petition organiser is a separate counting observer for each of the petition organisers by whom he has been nominated.

(7) Where a counting observer appointed on the nomination of a petition organiser dies or becomes incapable of acting, the petition organiser who made the nomination may nominate another person to be appointed as a counting observer in his place by giving notice in writing to the counting officer.

(8) Paragraphs (4) and (5) apply to a nomination under paragraph (7), with the substitution in paragraph (4) for “fifth day” of “final day”.

(9) In the following provisions of these Rules references to polling observers and counting observers shall be taken as references to polling observers and counting observers whose appointments have been duly made.

(10) Any notice required to be given by the counting officer to a counting observer appointed on the nomination of a petition organiser may be delivered at, or sent by post to, the address stated in the notice of nomination.

(11) A petition organiser may himself do any act or thing which any counting observer is authorised to do, or may assist any counting observer appointed on his nomination in doing any such act or thing.

(12) Where by these Rules any act or thing is required or authorised to be done in the presence of the polling observers or counting observers, the non-attendance of any such person at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Notification of requirement of secrecy

19. The counting officer must make such arrangements as he thinks fit to ensure that—

(a)every person attending at a polling station (otherwise than for the purpose of voting or assisting a voter or proxy with disabilities to vote or as a constable on duty there) has been given a copy in writing of the provisions of subsections (1), (3) and (6) of section 66 of the 1983 Act,(32) as applied by Schedule 4; and

(b)every person attending at the counting of the votes (other than any constable on duty at the counting) has been given a copy in writing of the provisions of subsections (2) and (6) of that section, as applied by Schedule 4.

Return of postal ballot papers

20.—(1) Where—

(a)a postal vote has been returned in respect of a person who is entered on the postal voters list, or

(b)a proxy postal vote has been returned in respect of a proxy who is entered on the proxy postal voters list,

the counting officer must mark the list in the manner prescribed by regulations made under the 1983 Act.(33)

(2) Rule 36(3) does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.

PART 5The Poll

Admission to polling station

21.—(1) The presiding officer must exclude all persons from the polling station except—

(a)voters and proxies;

(b)persons under the age of 18 who accompany voters and proxies to the polling station;

(c)the polling observers appointed to attend at the polling station;

(d)the clerks appointed to attend at the polling station;

(e)persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000(34);

(f)the constables on duty;

(g)the companions of voters and proxies with disabilities;

(h)the elected mayor, if any, of the council in respect of which the referendum is held; and

(i)any petition organiser.

(2) The presiding officer must regulate the total number of voters, proxies and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.

(3) A constable or person employed by a counting officer must not be admitted to vote in person elsewhere than at his own polling station allotted to him under these Rules, except on production and surrender of a certificate as to his employment which must be in the form in the Appendix, or a form to the like effect, and signed by an officer of police of or above the rank of inspector or by the counting officer, as the case may be.

(4) Any certificate surrendered under this rule must forthwith be cancelled.

Keeping of order in station

22.—(1) It is the presiding officer’s duty to keep order at his polling station.

(2) If a person misconducts himself in a polling station, or fails to obey the presiding officer’s lawful orders, he may immediately, by the presiding officer’s order, be removed from the polling station—

(a)by a constable in or near that station, or

(b)by any other person authorised in writing by the counting officer to remove him,

and the person so removed shall not, without the presiding officer’s permission, again enter the polling station during the day.

(3) Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.

(4) The powers conferred by this rule must not be exercised so as to prevent a voter or proxy who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Sealing of ballot boxes

23. Immediately before the commencement of the poll, the presiding officer must show the ballot box empty to such persons, if any, as are present in the polling station, so that they may see that it is empty, and must then lock it up, if it has a lock and (in any case) place his seal on it in such a manner as to prevent its being opened without breaking the seal and must place it in his view for the receipt of ballot papers, and keep it so locked and sealed or sealed (as the case may be).

Questions to be put to voters and proxies

24.—(1) At the time of the application for a ballot paper (but not afterwards), the questions specified in the second column of the following Table—

(a)may be put by the presiding officer to a person applying for a ballot paper who is mentioned in the first column, and

(b)must be put if the letter “R” appears after the question and a petition organiser or polling observer requires the question to be put:

Q. No.	Person applying for ballot paper	Question
1	A person applying as a voter	(a) —Are you the person registered in the register of local government electors for this voting area as follows? read the whole entry from the register [R] (b) —Have you already voted here or elsewhere at this referendum, otherwise than as proxy for some other person? [R]
2	A person applying as proxy	(a) —Are you the person whose name appears as A.B. in the list of proxies for this voting area as entitled to vote as proxy on behalf of C.D.? [R] (b) —Have you already voted here or elsewhere at this referendum as proxy on behalf of C.D.? [R] (c) —Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of C.D.? [R]
3	A person applying as proxy for a voter who has an anonymous entry (instead of the questions at entry 2)	(a) —Are you the person entitled to vote as proxy on behalf of the voter whose number on the register of electors is (read out the number)? [R] (b) —Have you already voted here or elsewhere as proxy on behalf of the voter whose number on the register of electors is (read out the number)? [R] (c) —Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the person whose number on the register of electors is (read out the number)? [R]
4	A person applying as proxy if the question at entry 2(c) or 3(c) is not answered in the affirmative	Have you already voted at this referendum on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild? [R]
5	A person applying as a voter in relation to whom there is an entry in the postal voters list	(a) —Did you apply to vote by post? (b) —Why have you not voted by post?
6	A person applying as proxy who is named in the proxy postal voters list	(a) —Did you apply to vote by post as proxy? (b) —Why have you not voted by post as proxy?

(2) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references in the questions at entries 1(a) and 3(a), (b) and (c) to reading from the register shall be taken as references to reading from the notice issued under section 13B(3B) or (3D) of the 1983 Act.

(3) A ballot paper must not be delivered to any person required to answer any of the above questions unless he has answered each question satisfactorily.

(4) Except as authorised by this rule, no inquiry shall be permitted as to the right of any person to vote.

Challenge of voter or proxy

25. A person must not be prevented from voting by reason only that—

(a)any petition organiser or polling observer permitted to be present in accordance with rule 21(1) declares that he has reasonable cause to believe that the person has committed an offence of personation, or

(b)the person is arrested on the grounds that he is suspected of committing or of being about to commit such an offence.

Voting procedure

26.—(1) A ballot paper must be delivered to a voter or proxy who applies for one, and immediately before delivery—

(a)the number and (unless paragraph (2) applies) name of the voter as stated in the copy of the register of electors must be called out;

(b)the number of the voter as stated in the register must be marked on the list mentioned in rule 17(3)(d) beside the number of the ballot paper to be issued to him;

(c)a mark must be placed in the copy of the register of electors against the number of the voter to note that a ballot paper has been received but without showing the particular ballot paper which has been received; and

(d)in the case of a person applying for a ballot paper as proxy, a mark must also be placed against his name in the list of proxies.

(2) In the case of a voter who has an anonymous entry, he must show the presiding officer his official poll card and only his number shall be called out in pursuance of paragraph (1)(a).

(3) In the case of a voter who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (1) is modified as follows—

(a)in sub-paragraph (a), for “copy of the register of electors” substitute “copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act”;

(b)in sub-paragraph (b), for “in the register” substitute “on the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act”;

(c)in sub-paragraph (c), for “in the copy of the register of electors” substitute “on the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act”.

(4) The voter or proxy, on receiving the ballot paper, must forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and must then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper so folded up into the ballot box in the presiding officer’s presence.

(5) The voter or proxy must vote without undue delay, and must leave the polling station as soon as he has put his ballot paper into the ballot box.

Votes marked by presiding officer

27.—(1) The presiding officer, on the application of a voter or proxy—

(a)who is incapacitated by blindness or other disability from voting in the manner directed by these Rules, or

(b)who declares orally that he is unable to read,

must, in the presence of the polling observers (if any), cause that person’s vote to be marked on a ballot paper in the manner directed by that person, and the ballot paper to be placed in the ballot box.

(2) The name and number on the register of electors of every person whose vote is marked in pursuance of this rule, and the reason why it is so marked, must be entered on a list (in these Rules called “the list of votes marked by the presiding officer”).

In the case of a person voting as proxy for a voter, the number to be entered together with the proxy’s name shall be the number in the register of the voter.

(3) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act,(35) paragraph (2) applies as if for “on the register of electors of every person” there were substituted “relating to every person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act”.

Voting by persons with disabilities

28.—(1) If a voter or proxy makes an application to the presiding officer to be allowed, on the ground of—

(a)blindness or other disability, or

(b)inability to read,

to vote with the assistance of another person by whom he is accompanied (in these Rules referred to as “the companion”), the presiding officer must require the voter or proxy to declare, orally or in writing, whether he is so incapacitated by his blindness or other disability, or by his inability to read, as to be unable to vote without assistance.

(2) If the presiding officer—

(a)is satisfied that the voter or proxy is so incapacitated, and

(b)is also satisfied by a written declaration made by the companion (in these Rules referred to as “the declaration made by the companion of a voter or proxy with disabilities”) that the companion—

(i)is a qualified person within the meaning of this rule; and

(ii)has not previously assisted more than one voter or proxy with disabilities to vote at the referendum,

the presiding officer must grant the application, and then anything which is by these Rules required to be done to or by that voter or proxy in connection with the giving of his vote may be done to, or with the assistance of, the companion.

(3) For the purposes of these Rules, a person is a voter or proxy with disabilities if he has made such a declaration as is mentioned in paragraph (1), and a person shall be qualified to assist a voter or proxy with disabilities to vote if that person—

(a)is a person who is entitled to vote on his own behalf at the referendum; or

(b)is the father, mother, brother, sister, spouse, civil partner, son or daughter of the voter or proxy and has attained the age of 18 years.

(4) The name and number in the register of electors of every person whose vote is given in accordance with this rule and the name and address of the companion must be entered on a list (in these Rules referred to as “the list of voters or proxies with disabilities assisted by companions”).

In the case of a person voting as proxy for a voter, the number to be entered together with the proxy’s name shall be the number in the register of the voter.

(5) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (4) applies as if for “in the register of electors of every person” there were substituted “relating to every person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act”.

(6) The declaration made by the companion of a voter or proxy with disabilities—

(a)must be in the form in the Appendix,

(b)must be made before the presiding officer at the time when the voter or proxy applies to vote with the assistance of a companion, and

(c)must forthwith be given to the presiding officer who must attest and retain it.

(7) No fee or other payment shall be charged in respect of the declaration.

Tendered ballot papers: circumstances where available

29.—(1) If a person, representing himself to be—

(a)a particular voter named on the register and not named in the absent voters list, or

(b)a particular person named in the list of proxies as proxy for a voter and not entitled to vote by post as proxy,

applies for a ballot paper after another person has voted in person either as the voter or his proxy, the applicant shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 30, to mark a ballot paper (in these Rules referred to as “a tendered ballot paper”) in the same manner as any other voter or proxy.

(2) Paragraph (4) applies if—

(a)a person applies for a ballot paper representing himself to be a particular voter named on the register,

(b)he is also named in the postal voters list, and

(c)he claims that he did not make an application to vote by post at the referendum.

(3) Paragraph (4) also applies if—

(a)a person applies for a ballot paper representing himself to be a particular person named as a proxy in the list of proxies,

(b)he is also named in the proxy postal voters list, and

(c)he claims that he did not make an application to vote by post as proxy.

(4) The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 30, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter or proxy.

(5) Paragraph (6) applies if, before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents himself to be—

(a)a particular voter named on the register who is also named in the postal voters list, or

(b)a particular person named as a proxy in the list of proxies and who is also named in the proxy postal voters list,

and claims that he has lost or has not received his postal ballot paper.

(6) The person shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of rule 30, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter or proxy.

Tendered ballot papers: general provisions

30.—(1) A tendered ballot paper must—

(a)be of a colour differing from that of the other ballot papers;

(b)instead of being put into the ballot box, be given to the presiding officer and endorsed by him with the name of the person who has marked a tendered ballot paper and his number in the register of electors, and set aside in a separate packet.

(2) The name of the person who has marked a tendered ballot paper and his number in the register of electors must be entered on a list (in these Rules referred to as the “tendered votes list”).

(3) In the case of a person voting as proxy for a voter, the number to be endorsed or entered together with the proxy’s name shall be the number in the register of the voter.

(4) In the case of a voter who has an anonymous entry, this rule and rule 29 apply subject to the following modifications—

(a)in paragraphs (1)(b) and (2) above, the references to the name of the person who has marked a tendered ballot paper shall be ignored;

(b)otherwise, a reference to a person named on a register or list shall be construed as a reference to a person whose number appears in the register or list (as the case may be).

(5) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, this rule and rule 29 shall apply as if—

(a)in rule 29(1)(a), (2)(a) and (5)(a), for “named on the register” there were substituted “in respect of whom a notice under section 13B(3B) or (3D) of the 1983 Act has been issued”;

(b)in paragraph (1)(b) of this rule for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13B(3B) or (3D) of the 1983 Act”;

(c)in paragraph (2) of this rule, for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13B(3B) or (3D) of the 1983 Act”.

Spoilt ballot papers

31. A voter or proxy who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to his satisfaction the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivered (in these Rules referred to as “a spoilt ballot paper”), and the spoilt ballot paper must be immediately cancelled.

Correction of errors on day of poll

32. The presiding officer must keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of the 1983 Act which takes effect on the day of the poll.

Adjournment of poll in case of riot

33.—(1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer must adjourn the proceedings till the following day and must forthwith give notice to the counting officer.

(2) Where the poll is adjourned at any polling station—

(a)the hours of polling on the day to which it is adjourned must be the same as for the original day; and

(b)references in these Rules to the close of the poll shall be construed accordingly.

Procedure on close of poll

34.—(1) As soon as practicable after the close of the poll, the presiding officer must, in the presence of the polling observers (if any), make up into separate packets, sealed with his own seal and the seals of such polling observers as desire to affix their seals—

(a)each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with the key, if any, attached,

(b)the unused and spoilt ballot papers placed together,

(c)the tendered ballot papers,

(d)the marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the list of proxies,

(e)the lists prepared under rule 8 including the parts which were completed in accordance with rule 26(1)(b) (together referred to in these Rules as “the completed corresponding number lists”),

(f)the certificates as to employment on duty on the day of the poll,

(g)the tendered votes list, the list of voters and proxies with disabilities assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters and proxies whose votes are so marked by the presiding officer under the heads “disability” and “unable to read”, the list maintained under rule 32 (correction of errors on day of poll), and the declarations made by the companions of voters and proxies with disabilities,

and must deliver the packets or cause them to be delivered to the counting officer to be taken charge of by him; but if the packets are not delivered by the presiding officer personally to the counting officer, the arrangements for their delivery shall require the counting officer’s approval.

(2) The marked copies of the register of electors and of the list of proxies must be in one packet but must not be in the same packet as the completed corresponding number lists or the certificates as to employment on duty on the day of the poll.

(3) The packets must be accompanied by a statement (in these Rules referred to as “the ballot paper account”) made by the presiding officer showing the number of ballot papers entrusted to him, and accounting for them under the heads of ballot papers issued and not otherwise accounted for, unused, spoilt and tendered ballot papers.

PART 6Counting of Votes

Attendance at counting of votes

35.—(1) The counting officer must make arrangements for counting the votes in the presence of the counting observers as soon as practicable after the close of the poll, and must give to the counting observers notice in writing of the time and place at which he will begin to count the votes.

(2) No person other than—

(a)the counting officer and his clerks,

(b)the counting observers,

(c)the elected mayor, if any, of the council in respect of which the referendum is held,

(d)the petition organisers, and

(e)persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000,

may be present at the counting of the votes, unless permitted by the counting officer to attend.

(3) A person not entitled to attend at the counting of the votes shall not be permitted to do so by the counting officer unless he is satisfied that the efficient counting of the votes will not be impeded.

(4) The counting officer must give the counting observers all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.

(5) In particular, where the votes are counted by sorting the ballot papers according to the answer for which the vote is given and then counting the number of ballot papers for each answer, the counting observers shall be entitled to satisfy themselves that the ballot papers are correctly sorted.

The count

36.—(1) The counting officer must—

(a)in the presence of the counting observers open each ballot box and count and record the number of ballot papers in it;

(b)in the presence of the counting observers verify each ballot paper account; and

(c)count such of the postal ballot papers as have been duly returned and record the number counted.

(2) The counting officer must not count the votes given on any ballot papers until—

(a)in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box, and

(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.

(3) A postal ballot paper must not be taken to be duly returned unless—

(a)it is returned in the manner set out in paragraph (4) and reaches the counting officer or any polling station in the voting area in question before the close of the poll;

(b)the postal voting statement, duly signed, is also returned in the manner set out in paragraph (4) and reaches him or such a polling station before that time;

(c)the postal voting statement also states the date of birth of a voter or proxy; and

(d)in a case where steps for verifying the date of birth and signature of a voter or proxy have been prescribed by regulations made under the 1983 Act,(36) the counting officer (having taken such steps) verifies that date of birth and that signature.

(4) The manner in which any postal ballot paper or postal voting statement may be returned—

(a)to the counting officer, is by hand or by post;

(b)to a polling station, is by hand.

(5) The counting officer must not count any tendered ballot paper.

(6) The counting officer, while counting and recording the number of ballot papers and counting the votes, must keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.

(7) The counting officer must verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and must draw up a statement as to the result of the verification, which any counting observer may copy.

(8) The counting officer must so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he may exclude the hours between 7 in the evening and 9 on the following morning.

(9) During the time so excluded the counting officer must—

(a)place the ballot papers and other documents relating to the referendum under his own seal; and

(b)otherwise take proper precautions for the security of the papers and documents.

Re-count

37.—(1) A petition organiser, if present when the counting or any re-count of the votes is completed, may require the counting officer to have the votes re-counted or again re-counted but the counting officer may refuse to do so if in his opinion the request is unreasonable.

(2) No step shall be taken on the completion of the counting or any re-count of votes until such petition organisers as are present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.

Rejected ballot papers

38.—(1) Any ballot paper—

(a)which does not bear the official mark, or

(b)on which votes are given for more than one answer, or

(c)on which anything is written or marked by which the voter or proxy can be identified except the printed number and other unique identifying mark on the back, or

(d)which is unmarked or void for uncertainty,

shall, subject to paragraph (2), be void and not counted.

(2) A ballot paper on which the vote is marked—

(a)elsewhere than in the proper place, or

(b)otherwise than by means of a cross, or

(c)by more than one mark,

shall not for such reason be deemed to be void if an intention that the vote shall be for one or the other of the answers clearly appears, and the way the paper is marked does not itself identify the voter or proxy and it is not shown that he can be identified by it.

(3) The counting officer must endorse the word “rejected” on any ballot paper which under this rule is not to be counted, and must add to the endorsement the words “rejection objected to” if any objection is made by a counting observer to his decision.

(4) The counting officer must draw up a statement showing the number of ballot papers rejected under the several heads of—

(a)want of official mark;

(b)voting for more than one answer;

(c)writing or mark by which the voter or proxy could be identified;

(d)unmarked or void for uncertainty.

Decisions on ballot papers

39. The decision of the counting officer on any question arising in respect of a ballot paper shall be final, but shall be subject to review on a referendum petition.

Equality of votes

40. Where, after the counting of the votes (including any re-count) is completed, an equality of votes is found to exist between the answers the counting officer must forthwith decide the referendum by lot.

PART 7Declaration of Result and Disposal of Documents

Declaration of result

41. When the result of the poll has been ascertained, the counting officer must forthwith—

(a)declare the result of the referendum,

(b)inform the proper officer of the authority by or in respect of which the referendum was held of the result of the referendum,

(c)give public notice of—

(i)the result of the referendum,

(ii)the number of ballot papers counted,

(iii)the total number of votes cast for each answer, and

(iv)the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.

Sealing up of ballot papers

42.—(1) On the completion of the counting at a referendum the counting officer must seal up in separate packets the counted and rejected ballot papers.

(2) The counting officer must not open the sealed packets of—

(a)tendered ballot papers,

(b)the completed corresponding number lists,

(c)certificates as to employment on duty on the day of the poll, or

(d)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.

Delivery of documents to relevant registration officer

43.—(1) The counting officer must then forward to the relevant registration officer the following documents—

(a)the packets of ballot papers in his possession,

(b)the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts,

(c)the tendered votes lists, the lists of voters and proxies with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, the lists maintained under rule 32, and the declarations made by the companions of voters and proxies with disabilities,

(d)the packets of the completed corresponding number lists,

(e)the packets of certificates as to employment on duty on the day of the poll, and

(f)the packets containing marked copies of registers (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the postal voters list, of the lists of proxies and of the proxy postal voters list,

endorsing on each packet a description of its contents, the date of the referendum to which it relates and the name of the local authority by which or in respect of which the referendum was held.

(2) In this rule and in rules 44 and 45 references to the relevant registration officer are to the registration officer of the local authority by or in respect of which the referendum is held.

Orders for production of documents

44.—(1) An order—

(a)for the inspection or production of any rejected ballot papers in the custody of the relevant registration officer; or

(b)for the opening of a sealed packet of the completed corresponding number lists or certificates as to employment on duty on the day of the poll or for the inspection of any counted ballot papers in his custody,

may be made by a county court, if the court is satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of a referendum petition.

(2) An order for the opening of a sealed packet of the completed corresponding number lists or of certificates as to employment on duty on the day of the poll or for the inspection of any counted ballot papers in the custody of the relevant registration officer may be made by an election court.

(3) An order under this rule may be made subject to such conditions as to—

(a)persons,

(b)time,

(c)place and mode of inspection,

(d)production or opening,

as the court making the order may think expedient.

(4) In making and carrying into effect an order for the opening of a packet of the completed corresponding number lists or of certificates as to employment on duty on the day of the poll or for the inspection of counted ballot papers, care must be taken that the way in which the vote of any particular person has been given shall not be disclosed until it has been proved—

(a)that his vote was given; and

(b)that the vote has been declared by a competent court to be invalid.

(5) An appeal lies to the High Court from any order of a county court under this rule.

(6) Any power given under this rule to a county court may be exercised by any judge of the court otherwise than in open court.

(7) Where an order is made for the production by the relevant registration officer of any document in his possession relating to any specified referendum—

(a)the production by him or his agent of the document ordered in such manner as may be directed by that order shall be conclusive evidence that the document relates to the specified referendum; and

(b)any endorsement on any packet of ballot papers so produced shall be prima facie evidence that the ballot papers are what they are stated to be by the endorsement.

(8) The production from proper custody of—

(a)a ballot paper purporting to have been used at any referendum, and

(b)a completed corresponding number list with a number marked in writing beside the number of the ballot paper,

shall be prima facie evidence that the person whose vote was given by that ballot paper was the person whose entry in the register of electors or on a notice issued under section 13B(3B) or (3D) of the 1983 Act at the time of the referendum contained the same number as the number written as mentioned in sub-paragraph (b) of this paragraph.

(9) Save as by this rule provided, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the relevant registration officer or open any sealed packets of the completed corresponding number lists or of certificates as to employment on duty on the day of the poll.

Retention of documents

45. The relevant registration officer must retain for one year all documents relating to a referendum forwarded to him in pursuance of these Rules by a counting officer, and then, unless otherwise directed by an order of a county court, the Crown Court, a magistrates’ court or an election court, must cause them to be destroyed.

PART 8Appendix of Forms

Note:—The forms contained in this Appendix may be adapted so far as circumstances require.

Form of Ballot Paper: Question in referendum as specified in paragraph 1 of Schedule 1
Form of Ballot Paper: Question in referendum as specified in paragraph 2 of Schedule 1
Form of Ballot Paper: Question in referendum as specified in paragraph 3 of Schedule 1
Corresponding Number List L1
Corresponding Number List L2
Form of Postal Voting Statement
Official Poll Card (to be sent to a voter voting in person)
Official Postal Poll Card (to be sent to a voter voting by post)
Official Proxy Poll Card (to be sent to an appointed proxy voting in person)
Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post)
Form of directions for the guidance of the voters and proxies in voting
Form of Certificate of Employment
Form of declaration to be made by the companion of a voter or proxy with disabilities

Regulations 8, 11, 12 and 13

SCHEDULE 4Application, with Modifications, of Acts and Subordinate Legislation

Interpretation

1.—(1) The provisions set out in the first column of Tables 1 to 6 have effect subject to—

(a)any modification mentioned in the second column of those Tables, and

(b)unless the context otherwise requires, the modifications mentioned in sub-paragraph (2).

(2) The modifications mentioned in this paragraph are—

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

(b)a reference to a returning officer must be construed as a reference to the counting officer;

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

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

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

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

(g)a reference to the return of a person must be construed as a reference to a particular result in the referendum;

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

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

(j)except where the polls at the referendum and an election are taken together in accordance with regulation 10(1) or (7), where anything is required to be done in the presence of election, polling, counting or other agents, the reference to the presence of agents must be ignored;

(k)a reference to anything having been prescribed must be construed as a reference to its being provided for by a provision of subordinate legislation applied by these Regulations;

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

(m)a reference to the registration officer, in relation to a district or a London borough, is a reference to the relevant registration officer appointed under section 8 of the 1983 Act(37); and for the purpose of the exercise of a registration officer’s functions in relation to the referendum, section 52(1) to (4)(38) (discharge of registration duties) and section 54(1), (3) and (4)(39) (payment of expenses of registration) of that Act have effect;

(n)a reference to an election petition must be construed as a reference to a referendum petition;

(o)any reference to an enactment or instrument made under an enactment must be construed as a reference to that enactment or instrument as applied by these Regulations;

(p)so much of any provision as applies only in Scotland, Wales or Northern Ireland is to be ignored.

Table 1

Representation of the People Act 1983(40)

(1) Provision	(2) Modification
Section 13B (alteration of registers: pending elections)(41)	After “election”, in each place, substitute “ or referendum”. After subsection (4) insert— “(4A) This section also applies to referendums.”
Section 31 (polling districts and stations at local government elections)(42)	In subsection (1)— (a) for “elections of county councillors” substitute “referendums by or in respect of a county”, and (b) for “elections of London borough or district councillors” substitute “referendums by or in respect of a London borough or district”. In subsection (3) for “local government elections” substitute “referendums”.
Section 35(4) (appointments by returning officers)
Section 36(4) and (6) (returning officer’s expenditure at local elections)(43)	In subsection (4) for the words from “by a returning officer” to “London borough)” substitute “by a counting officer for a voting area in relation to the holding of a referendum”. In subsection (6) for the words from the beginning to “councillor, the council” substitute “Before a poll is taken at such a referendum as is referred to in subsection (4), the authority”. Paragraph 1(2)(b) of this Schedule does not have effect in relation to the first reference in subsection (6) to the returning officer.
Section 47 (loan of equipment for local elections)(44)	In subsection (1) for “the returning officer at a local government election” substitute “the counting officer at a referendum”. In subsection (2)— (a) omit the words from “, or” at the end of paragraph (a) to “as the case may be”; (b) for “an election held under those Acts” substitute “a referendum”.
Section 49(4) to (5) (effect of registers)(45)	In subsection (5) omit “prevent the rejection of the vote on a scrutiny or”.
Section 60 (personation)	In subsection (2) omit “parliamentary or”.
Section 61 (other voting offences)(46)	In subsection (1) after “local government election” and “local government elections”, in each place, insert “or referendum” or “or referendums” respectively. 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 where 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 party 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 someone whom he already knows 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 spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.” For subsection (6A) substitute— “(6A) A person is not guilty of an offence under subsection (2)(b) only by reason of his having marked a tendered ballot paper in pursuance of rule 29 of the Local Government Act Referendums Rules or rule 31 of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2007.”
Section 62A (offences relating to applications for postal and proxy votes)(47)	In subsection (1)(a) after “election” insert “or referendum”.
Section 63 (breach of official duty)(48)	In subsection (3) after “local government election” in both places insert “or referendum”. In subsection (4)(a) after “election” insert “or referendum”.
Section 65 (tampering with ballot papers, etc.)(49)	In subsection (1)— (a) after “election”, in the first place it occurs, insert “or referendum”, and (b) omit paragraph (a). In subsection (3) for “clerk” substitute “person”.
Section 66 (requirement of secrecy)(50)	For subsection (1)(b) substitute— “(b)every polling observer, so attending,”.
Section 66A (prohibition of exit polls)(51)	In subsection (2) omit the “and” preceding paragraph (b) and after that paragraph insert— “; and (c)any referendum”.
Section 92 (broadcasting from outside the United Kingdom)(52)	In subsection (1) after “local government election” insert “or referendum”.
Section 94 (imitation poll cards)(53)	In subsection (2)— (a) after “section 36” insert “above, or regulations made under section 45 of the Local Government Act 2000”, and (b) after “the rules”, insert “or, as the case may be, the regulations”.
Section 96 (schools and rooms for local election meetings)(54)	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)— (a) for the words from “electoral area for which” to “that electoral area” substitute “voting area”, and (b) omit paragraph (b). In subsection (4)— (a) omit the words “and paragraph 1(1) of Schedule 5 to this Act”, (b) after the words “that section” insert “subject to the substitution in subsection (5) of that section, for the word “candidate” of the word “person””, and (c) omit the words from “and any person” to the end. After subsection (4) insert— “(5) The lists maintained by a county council, district council or London borough council 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)(55)	For subsection (2) substitute— “(2) This section applies to a meeting in connection with a 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)(56)	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”.
Section 109 (payments for the exhibition of election notices)
Section 110 (details to appear on election publications)(57)
Section 111 (prohibition of paid canvassers)
Section 112 (providing money for illegal purposes)
Section 113 (bribery)(58)
Section 114 (treating)
Section 115 (undue influence)(59)
Section 116 (rights of creditors)	Omit paragraphs (b) and (c).
Section 118 (interpretation of Part 2)(60)
Section 119 (computation of time for purposes of Part 2)(61)	In subsection (1)(b) after “disregarded” insert— “; and (c)in computing any period referred to in section 96(1A) or 97(2A), as applied for the purposes of a referendum, any of the days so mentioned shall be disregarded.”
Section 167 (application for relief)(62)
Section 168 (prosecutions for corrupt practices)(63)
Section 169 (prosecutions for illegal practices)(64)
Section 170 (conviction of illegal practice on charge of corrupt practice etc)
Section 173(1)(a)(i), (2) and (3)(65)	In subsection (1)(a)(i) after “Great Britain” insert “or at any referendum”.
Section 174 (mitigation and remission etc.)(66)
Section 175 (illegal payments etc.)(67)	Omit subsection (2).
Section 176 (time limit for prosecutions)
Section 177 (summary trial)	For “the local government Act” substitute “the Local Authority (Conduct of Referendums) (England) Regulations 2007”. In subsection (1)(a) for the words from “in the county” to “adjoins”, substitute “for the voting area in which the offence is alleged to have been committed”.
Section 178 (prosecution of offences committed outside the United Kingdom)(68)
Section 179 (offences by associations)
Section 181(1) (Director of Public Prosecutions)(69)
Section 185 (interpretation of Part 3)(70)
Section 199B (translations of certain documents)(71)	In subsections (1), (5) and (7) after “local government election” insert “or referendum”. Omit subsection (4)(a).
Section 200(1A) and (2) (public notices, and declarations)(72)
Section 202 (interpretation)(73)

Table 2

Representation of the People Act 1985(74)

(1) Provision	(2) Modification
Section 15 (combination of polls at parliamentary, European and local elections)(75)	After subsection (1)(c) insert— or “(d)a referendum and an election of one or more of the descriptions specified in paragraphs (a) to (c),”. In subsection (2), after “related areas”, insert “or the polls at elections and a referendum”. In subsection (4)— (a) after “elections”, in the first place where that word appears, insert “or elections and a referendum (as the case may be)”, (b) after “one election” insert “or the referendum”, and (c) after “elections”, in the second place where that word appears, insert “or the elections and the referendum (as the case may be)”.

(1) Provision

(2) Modification

Section 15 (combination of polls at parliamentary, European and local elections)(75)

After subsection (1)(c) insert—

“(d)a referendum and an election of one or more of the descriptions specified in paragraphs (a) to (c),”.

In subsection (2), after “related areas”, insert “or the polls at elections and a referendum”.

In subsection (4)—

(a)

after “elections”, in the first place where that word appears, insert “or elections and a referendum (as the case may be)”,

(b)

after “one election” insert “or the referendum”, and

(c)

after “elections”, in the second place where that word appears, insert “or the elections and the referendum (as the case may be)”.

Table 3

Representation of the People Act 2000(76)

(1) Provision	(2) Modification
Section 10 (pilot schemes for local elections in England and Wales)(77)	In subsection (2)— (a) after “Representation of the People Acts”, insert “or the Local Government Act 2000”, and (b) in paragraph (c) for “candidates” substitute “any campaign organiser within the meaning of regulation 6 of the Local Authorities (Conduct of Referendums) (England) Regulations 2007”. In subsection (3)— (a) in paragraph (b) for “candidates” substitute “campaign organisers”, and (b) for “section 75(1) of the 1983 Act (restriction on third party election expenditure)” substitute “regulation 6 of the Local Authorities (Conduct of Referendums) (England) Regulations 2007”. Omit subsection (4). At the end of subsection (7)(a) insert “or the Local Government Act 2000”. In subsection (11) for the words after “means”, substitute “a county council, district council or a London borough council.”
Section 12 (changes relating to absent voting at elections in Great Britain)	In subsection (1) at the end insert “; and as regards referendums”.
Schedule 4 (absent voting in Great Britain)(78)	In paragraph 1(1), in the definition of “the appropriate rules” at the end of paragraph (b), insert— “, and (c)in the case of a referendum, the Local Government Act Referendums Rules or the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2007”. In paragraphs 2 to 7, 7C and 7D, except in paragraphs 3(1), 3(2), 3(4)(a)(i), 6(7), 7(4)(a) and 7(6)(a)(i), after “local government election”, “local government elections”, “elections” and “election”, insert, as the context requires, “or a referendum”, “or referendums”, or “or the referendum”. In paragraphs 3(1) and 3(2) for “or at both” substitute “or at referendums, or at any combination of such polls”. In paragraphs 3(4)(a)(i) and 7(6)(a)(i) for “or both” substitute “or referendums, or at any combination of such polls”. In paragraphs 6(7) and 7(4)(a) for “or at both” substitute “or at referendums, or at any combination of such polls”.

(1) Provision

(2) Modification

Section 10 (pilot schemes for local elections in England and Wales)(77)

In subsection (2)—

(a)

after “Representation of the People Acts”, insert “or the Local Government Act 2000”, and

(b)

in paragraph (c) for “candidates” substitute “any campaign organiser within the meaning of regulation 6 of the Local Authorities (Conduct of Referendums) (England) Regulations 2007”.

In subsection (3)—

(a)

in paragraph (b) for “candidates” substitute “campaign organisers”, and

(b)

for “section 75(1) of the 1983 Act (restriction on third party election expenditure)” substitute “regulation 6 of the Local Authorities (Conduct of Referendums) (England) Regulations 2007”.

Omit subsection (4).

At the end of subsection (7)(a) insert “or the Local Government Act 2000”.

In subsection (11) for the words after “means”, substitute “a county council, district council or a London borough council.”

Section 12 (changes relating to absent voting at elections in Great Britain)

In subsection (1) at the end insert “; and as regards referendums”.

Schedule 4 (absent voting in Great Britain)(78)

In paragraph 1(1), in the definition of “the appropriate rules” at the end of paragraph (b), insert—

“, and

(c)in the case of a referendum, the Local Government Act Referendums Rules or the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2007”.

In paragraphs 2 to 7, 7C and 7D, except in paragraphs 3(1), 3(2), 3(4)(a)(i), 6(7), 7(4)(a) and 7(6)(a)(i), after “local government election”, “local government elections”, “elections” and “election”, insert, as the context requires, “or a referendum”, “or referendums”, or “or the referendum”.

In paragraphs 3(1) and 3(2) for “or at both” substitute “or at referendums, or at any combination of such polls”.

In paragraphs 3(4)(a)(i) and 7(6)(a)(i) for “or both” substitute “or referendums, or at any combination of such polls”.

In paragraphs 6(7) and 7(4)(a) for “or at both” substitute “or at referendums, or at any combination of such polls”.

Table 4

Political Parties, Elections and Referendums Act 2000(79)

(1) Provision	(2) Modification
Section 6A (attendance of representatives of Commission at elections etc.)	After subsection (1)(b) insert— “; (c)proceedings relating to a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2007 which are the responsibility of the counting officer.”
Section 6B (observation of working practices by representatives of Commission)	After subsection (2) insert— “(2A) A representative of the Commission may also observe the working practices of a counting officer at a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2007, and any person acting under his direction.”
Section 6C (accredited observers: individuals)	In subsection (1) after “applies” insert “or which is held under the Local Authorities (Conduct of Referendums) (England) Regulations 2007”.
Section 6D (accredited observers: organisations)	In subsection (1) after “applies” insert “or which is held under the Local Authorities (Conduct of Referendums) (England) Regulations 2007”.
Section 6E (attendance and conduct of observers)	For subsection (4)(c) substitute— “(c)in the case of any other proceedings at a referendum to which Part 7 applies, the relevant counting officer (within the meaning of section 6A); (ca)in the case of any other proceedings at a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2007, the counting officer;” In subsection (4) for “or (c)” substitute “, (c) or (ca)”.

Table 5

Electoral Administration Act 2006(80)

(1) Provision	(2) Modification
Section 42 (access to other election documents)
Section 43 (access to other election documents: contravention of regulations)	In subsection (1)(a) after “section 42” insert “as applied by the Local Authorities (Conduct of Referendums) (England) Regulations 2007”.
Section 44 (access to other election documents: supplementary)	In subsection (5) for the words “election documents” to “Northern Ireland)” substitute “referendum documents are such documents relating to a referendum”. After subsection (7)(e) insert— “; (f)in relation to a referendum, a voting area within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2007.”
Section 46 (returning officers: correction of procedural errors)	After subsection (3)(b) insert— “; (c)a referendum.” Omit subsection (6).
Section 69 (encouraging electoral participation)	After subsection (8)(b) insert— “; (c)a counting officer at a referendum.”

Table 6

The Representation of the People (England and Wales) Regulations 2001(81)

(1) Provision	(2) Modification
Regulation 3 (interpretation)(82)	At the end of paragraph (2)(b) insert— “, or (c)in the case of a referendum, the corresponding rule in the Local Government Act Referendums Rules or the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2007.”
Regulation 4(1)(b) (forms) and, to the extent of Form E in Schedule 3, (2)
Regulation 5 (communication of applications, notices, etc)(83)
Regulation 6 (electronic signatures and related certificates)(84)
Regulation 7 (copies of documents)(85)
Regulation 8 (time)(86)
Regulation 11 (interference with notices)
Regulation 50 (interpretation of Part 4)(87)
Regulation 51 (general requirements for an absent vote)(88)	For paragraph (4)(b) substitute— “(b)whether it is made for all or any of parliamentary elections, local government elections or referendums.” In paragraph (5)— (a) after “election”, in each place, insert “or referendum”, and (b) omit “elections”.
Regulation 51A (additional provision concerning the requirement that an application for an absent vote must be signed by the applicant)(89)
Regulation 51AA (additional requirement for applications for ballot papers to be sent to different address from that stated in application)(90)
Regulation 51B (additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under paragraph 3(4) or 7(6) of Schedule 4)(91)
Regulation 52 (additional requirements for applications for the appointment of a proxy)
Regulation 55 (additional requirements for applications for a proxy vote in respect of a particular election)(92)
Regulation 56 (closing dates for applications)(93)	In paragraphs (1) to (5) and (7)(b) after “election”, in each place, insert “or referendum”.
Regulation 57 (grant or refusal of applications)(94)	In paragraph (5) after “election” insert “or referendum”.
Regulation 58 (notice of appeal)
Regulation 59 (cancellation of proxy appointment)
Regulation 61B(95)	In paragraph (3)(a) for “any candidate or agent” substitute “those”.
Regulation 62 (marked register for polling stations)(96)
Regulation 64 (interpretation of Part 5)(97)	Omit the definition of “agent”.
Regulation 65 (combination of polls)	Substitute— “65. Where the polls at elections or referendums are taken together under— (a)section 15(1) or (2) of the 1985 Act (combination of polls at parliamentary, European Parliamentary and local government elections), (b)section 36(3) or (3AB) of the 1983 Act (combination of polls at local elections), or (c)the Local Authorities (Conduct of Referendums) (England) Regulations 2007, the proceedings at the issue and receipt of postal ballot papers may, if the returning and counting officers concerned agree, be taken together.”
Regulation 66 (form of postal voting statement)	Omit paragraph (a).
Regulation 67 (persons entitled to be present at proceedings on issue of postal ballot papers)(98)
Regulation 68 (persons entitled to be present at proceedings on the receipt of postal ballot papers)(99)	Where the issue and receipt of postal votes are not taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations: For paragraphs (a) to (d) substitute— “(a)the counting officer and his clerks, (b)persons who by virtue of rule 35(2)(a) to (e) of the Local Government Act Referendums Rules or rule 37(3)(a) to (e) of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2007 are entitled to attend at the counting of the votes.” Where the issue and receipt of postal votes are taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations: After paragraph (d) insert— “(e)the counting officer and his clerks, and (f)persons who by virtue of rule 35(2)(a) to (e) of the Local Government Act Referendums Rules or rule 37(3)(a) to (e) of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2007 are entitled to attend at the counting of the votes.”
Regulation 69 (agents of candidates who may attend proceedings on receipt of postal ballot papers)	In paragraph (8) for “candidates or their agents” substitute “persons entitled to be present by virtue of regulation 68”. Where the issue and receipt of postal votes are not taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations: Omit paragraphs (1) to (7). Where the issue and receipt of postal votes are taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations: For paragraph (3) substitute— “(3) Where postal ballot papers for more than one election or referendum are issued together by virtue of regulation 65, the references to the returning officer in paragraphs (2), (4) and (5) must be construed as references to the returning or counting officer who issues the postal ballot papers.”
Regulation 70 (notification of requirement of secrecy)
Regulation 71 (time when postal ballot papers are to be issued)
Regulation 72 (procedure on issue of postal ballot paper)(100)	In paragraph (5) after “one election” insert “or referendum, or for an election combined with a referendum”. In paragraph (5)(a)— (a) after “elections” insert “and referendums”, and (b) after “election” insert “or referendum”. In paragraph (6) for “the poll at one election is taken with the poll at another election” substitute “polls are taken together”.
Regulation 73 (refusal to issue postal ballot paper)(101)
Regulation 74 (envelopes)(102)
Regulation 75 (sealing up of completed corresponding number lists and security of special lists)(103)
Regulation 76 (delivery of postal ballot papers)
Regulation 77 (spoilt postal ballot papers)(104)	In paragraph (2)(b) for “election” substitute “poll”.
Regulation 78 (lost postal ballot papers)(105)	In paragraph (2A)(b) for “election” substitute “poll”.
Regulation 79(3) to (5) (alternative means of returning postal ballot paper or postal voting statement)(106)	In paragraph (5) for “polling agents” substitute “polling observers (if any)”.
Regulation 80 (notice of opening of postal ballot paper envelopes)	Where the issue and receipt of postal votes are not taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations: In paragraph (1) for “each candidate” substitute “those persons who by virtue of rule 35(2)(a) to (e) of the Local Government Act Referendums Rules or rule 37(3)(a) to (e) of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2007 are entitled to attend at the counting of the votes”. Omit paragraph (2)(b). Where the issue and receipt of postal votes are taken together at more than one poll in accordance with regulation 65 of the Representation of the People Regulations as applied by these Regulations: In paragraph (1) after “each candidate” insert “and those persons who by virtue of rule 35(2)(a) to (e) of the Local Government Act Referendums Rules or rule 37(3)(a) to (e) of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2007 are entitled to attend at the counting of the votes”.
Regulation 81 (postal ballot boxes and receptacles)(107)	In paragraphs (3) and (4) for “the agents” substitute “those”.
Regulation 82 (receipt of covering envelopes)
Regulation 83 (opening of postal voters’ ballot box)	In paragraph (1) for “the agents” substitute “such of those who are entitled to attend as are present”.
Regulation 84 (opening of covering envelopes)(108)
Regulation 84A (confirming receipt of postal voting statements)(109)
Regulation 85 (procedure in relation to postal voting statements)(110)	In paragraph (3) for “agents” substitute “counting observers or agents or both (as the case may be)”.
Regulation 85A (procedure in relation to postal voting statements: personal identifier verification)(111)	In paragraph (4) for “agents” substitute “counting observers or agents or both (as the case may be)”.
Regulation 85B (Postal Voting Statements: additional personal identifier verification)(112)	In paragraphs (3)(a) and (c) and (4) for “agents” substitute “counting observers or agents or both (as the case may be)”.
Regulation 86 (opening of ballot paper envelopes)
Regulation 86A (retrieval of cancelled postal ballot papers)(113)	In paragraph (2)(b) and (f) for “agents” substitute “counting observers or agents or both (as the case may be)”.
Regulation 87 (lists of rejected postal ballot papers)
Regulation 88 (checking of lists kept under regulation 87)
Regulation 89 (sealing of receptacles)(114)
Regulation 91 (forwarding of documents)(115)	After paragraph (2) insert— “(2A) In the case of a referendum, the documents to be forwarded under paragraph (1) are to be forwarded to the registration officer of the local authority by or in respect of which the referendum is held.”
Regulation 116 (interpretation of Part 7)(116)
Regulation 118 (inspection of documents open to public inspection)(117)
Regulation 119 (conditions on the use, supply and disclosure of documents open to public inspection)(118)
In Schedule 3, Form E(119)	After “REPRESENTATION OF THE PEOPLE ACTS” insert “[[insert name of council] REFERENDUM]”. After “European Parliamentary electoral area” insert “Referendum voting area ……………………………”. After the words “[European Parliamentary] election”, in both places where they occur, insert “[referendum]”. After the words “[European Parliamentary electoral region]”, in both places where they occur, insert “*[voting area]”. In the note after “election” in each place insert “or referendum”.

Regulations 11 and 13

SCHEDULE 5The Local Government Act Referendums (Combination of Polls) Rules

PART 1 Citation and Interpretation
1. 1.Citation
2. 2.Interpretation
PART 2 Provisions as to Time
1. 3.Timetable
2. 4.Computation of time
PART 3 General Provisions
1. 5.Notice of referendum
2. 6.Poll to be taken by ballot
3. 7.The ballot papers
4. 8.The corresponding number list
5. 9.The official mark
6. 10.Prohibition of disclosure of vote
7. 11.Use of schools and public rooms
PART 4 Action to be Taken Before the Poll
1. 12.Notice of poll
2. 13.Postal ballot papers
3. 14.Provision of polling stations
4. 15.Appointment of presiding officers and polling clerks
5. 16.Issue of official poll cards
6. 17.Equipment of polling stations
7. 18.Appointment of counting observers
8. 19.Appointment of polling observers
9. 20.Notification of requirement of secrecy in respect of polling stations
10. 21.Notification of requirement of secrecy in respect of the count
11. 22.Return of postal ballot papers
PART 5 The Poll
1. 23.Admission to polling station
2. 24.Keeping of order in station
3. 25.Sealing of ballot boxes
4. 26.Questions to be put to voters and proxies
5. 27.Challenge of voter or proxy
6. 28.Voting procedure
7. 29.Votes marked by presiding officer
8. 30.Voting by persons with disabilities
9. 31.Tendered ballot papers: circumstances where available
10. 32.Tendered ballot papers: general provisions
11. 33.Spoilt ballot papers
12. 34.Correction of errors on day of poll
13. 35.Adjournment of poll in case of riot
14. 36.Procedure on close of poll
PART 6 Counting of Votes
1. 37.Attendance at counting of votes
2. 38.The count
3. 39.Re-count
4. 40.Rejected ballot papers
5. 41.Decisions on ballot papers
6. 42.Equality of votes
PART 7 Final Proceedings and Miscellaneous
1. 43.Declaration of result
2. 44.Sealing up of ballot papers
3. 45.Delivery of documents to relevant registration officer
4. 46.Orders for production of documents
5. 47.Retention of documents
6. 48.Countermand or abandonment of poll at election on death of candidate
PART 8 Appendix of Forms

PART 1General Provisions

Citation

1. These Rules may be cited as the Local Government Act Referendums (Combination of Polls) Rules.

Interpretation

2.—(1) In these Rules—

“relevant returning or counting officer” means the returning officer or the counting officer discharging the functions under (as the case may be)—

(a)

regulation 5 of the Combination of Polls Regulations,(120) or

(b)

regulation 13(2);

“voter” means a person entitled to vote on his own behalf.

(2) Subject to paragraph (1), expressions used both in these Rules and the 1983 Act (as it applies to local government elections) have the same meaning in these Rules as they have in that Act.

PART 2Provisions as to Time

Timetable

3. The proceedings at the referendum shall be conducted in accordance with the following Timetable.

Timetable

Proceedings	Time
Publication of notice of referendum	Not later than the twenty-fifth day before the day of referendum.
Notice of poll	No later than the sixth day before the day of the referendum.
Polling	Between the hours of 7 in the morning and 10 at night on the day of referendum.

Computation of time

4. In computing any period of time for the purposes of the Timetable the days mentioned in regulation 18(2)(a) to (c) shall be disregarded, and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll nor shall the relevant returning or counting officer, nor the counting officer, be obliged to take any step in relation to the counting of the votes on such a day.

PART 3General Provisions

Notice of referendum

5.—(1) The counting officer must publish notice of the referendum stating the date of the poll.

(2) The notice of referendum must state the date by which—

(a)applications to vote by post or by proxy, and

(b)other applications and notices about postal or proxy voting,

must reach the registration officer in order that they may be effective for the referendum.

Poll to be taken by ballot

6. A poll must be taken at the referendum and the votes at the poll must be given by ballot.

The ballot papers

7.—(1) The ballot of every person entitled to a vote at the referendum must consist of a ballot paper.

(2) Every ballot paper to be used in the referendum must be in the appropriate form in the Appendix (depending on the question to be asked in the referendum).

(3) Every ballot paper must—

(a)be capable of being folded up;

(b)have a number and other unique identifying mark printed on the back; and

(c)be a different colour from the ballot papers used at any other relevant election or referendum.

The corresponding number list

8.—(1) Subject to paragraph (2), the relevant returning or counting officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by him in pursuance of rule 13(1) or provided by him in pursuance of rule 17(1).

(2) Where proceedings on the issue and receipt of postal ballot papers in the referendum are not taken together with such proceedings at one or more relevant elections and referendums, the counting officer must prepare the list mentioned in paragraph (1) in respect of all of the ballot papers to be issued by him in pursuance of rule 13(1).

(3) The list must be in the appropriate form in the Appendix or a form to like effect.

The official mark

9.—(1) Every ballot paper must contain an appropriate security marking (the official mark).

(2) The official mark must be kept secret.

(3) The counting officer may use a different official mark for different purposes at the same referendum.

Prohibition of disclosure of vote

10. No person who has voted at the referendum shall, in any legal proceeding to question the referendum, be required to state for which answer he has voted.

Use of schools and public rooms

11.—(1) The counting officer and the relevant returning or counting officer may use, free of charge, for relevant purposes—

(b)a room the expense of maintaining which is payable out of any rate.

(2) That officer must make good any damage done to, and defray any expense incurred by the persons having control over, any such room as mentioned above by reason of its being used for the purpose of taking the poll or counting the votes.

(3) In paragraph (1) “relevant purposes” means—

(a)in the case of the counting officer, the counting of the votes, and

(b)in the case of the relevant returning or counting officer, the taking of the poll and the discharging of the functions under rule 38(1).

PART 4Action to be Taken Before the Poll

Notice of Poll

12.—(1) The counting officer must publish notice of the poll stating—

(a)the day and hours fixed for the poll, and

(b)the question to be asked in the referendum.

(2) The notice of the poll must be published no later than the sixth day before the date of the referendum.

(3) The relevant returning or counting officer must, not later than the time of the publication of the notice of the poll, also give public notice of—

(a)the situation of each polling station; and

(b)the description of persons entitled to vote there.

(4) The notice published under paragraph (3) must—

(a)state that the poll at the referendum is to be taken together with the poll at a relevant election or referendum;

(b)specify the parliamentary constituency,(121) local counting area, Assembly constituency, voting area or, as the case may be, the relevant local authority and, in the case of an election to fill a casual vacancy, the electoral area for which the relevant election is held; and

(c)where any of the polls are to be taken together in part of the electoral area only, specify that part.

Postal ballot papers

13.—(1) The relevant returning or counting officer must, in accordance with regulations made under the 1983 Act,(122) issue to those entitled to vote by post a ballot paper and a postal voting statement in the appropriate form in the Appendix, or a form to like effect, together with such envelopes for their return as may be prescribed by such regulations.

(2) The relevant returning or counting officer must also issue to those entitled to vote by post such information as he thinks appropriate about how to obtain—

(a)translations into languages other than English of any directions to or guidance for voters and proxies sent with the ballot paper;

(b)a translation into Braille of such directions or guidance;

(c)graphical representations of such directions or guidance;

(d)the directions or guidance in any other form (including any audible form).

(3) The postal voting statement must include provision for the form to be signed and for stating the date of birth of the voter or proxy.

(4) In the case of a ballot paper issued to a person at an address in the United Kingdom, the relevant returning or counting officer must ensure that the return of the ballot paper and postal voting statement is free of charge to the voter or proxy.

(5) In paragraphs (1), (2) and (4) for “relevant returning or counting officer” substitute “counting officer” where proceedings on the issue and receipt of postal ballot papers at the referendum are not taken together with such proceedings at one or more relevant elections or referendums.

Provision of polling stations

14.—(1) The relevant returning or counting officer must provide a sufficient number of polling stations and, subject to the following provisions of this rule, must allot the voters to the polling stations in such manner as he thinks most convenient.

(2) The polling stations are the polling places or polling stations (as the case may be) designated for the purposes of the election or referendum for which the relevant returning or counting officer discharges functions which are not combined functions.

(3) In paragraph (2) “combined functions” means functions under regulation 5 of the Combination of Polls Regulations or regulation 13(2).

(4) One or more polling stations may be provided in the same room.

(5) The polling station allotted to voters from any parliamentary polling district wholly or partly within the voting area must, in the absence of special circumstances, be in the parliamentary polling place for that district.

(6) The relevant returning or counting officer must provide each polling station with such number of compartments as may be necessary in which the voters and proxies can mark their votes screened from observation.

Appointment of presiding officers and clerks

15.—(1) The relevant returning or counting officer must appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary for the purposes of the referendum.

(2) The relevant returning or counting officer may, if he thinks fit, preside at a polling station and the provisions of these Rules relating to a presiding officer shall apply to a relevant returning or counting officer so presiding with the necessary modifications as to things to be done by the relevant returning or counting officer to the presiding officer or by the presiding officer to the relevant returning or counting officer.

Issue of official poll cards

16.—(1) The counting officer must as soon as practicable after the publication of the notice of referendum send to each voter and proxy an official poll card.

(2) The official poll card must be sent or delivered—

(a)in the case of a voter, to his qualifying address, and

(b)in the case of a proxy, to his address as shown in the list of proxies.

(3) The official poll card must be in the appropriate form in the Appendix, or a form to the like effect, and must set out—

(a)the name of the council and of the voting area;

(b)the name of the voter, his qualifying address and number on the register;

(c)the date and hours of the poll and the situation of the voter’s polling station;

(d)such other information as the counting officer thinks appropriate,

and different information may be provided in pursuance of sub-paragraph (d) to different voters or to different descriptions of voter.

(4) In the case of a voter with an anonymous entry, instead of containing the matter mentioned in paragraph (3)(b), the poll card must contain such matter as is specified in the appropriate form in the Appendix.

(5) In this rule references to a voter—

(a)mean a person who is registered in the register of local government electors for the voting area in question on the last day for the publication of notice of the referendum; and

(b)include a person then shown in the register as below voting age if (but only if) it appears from the register that he will be of voting age on the day fixed for the poll.

(6) If the counting officer and the returning or counting officer (as the case may be) for each relevant election or referendum think fit, an official poll card issued under this rule may be combined with the official poll card issued at every relevant election or referendum.

Equipment of polling stations

17.—(1) The relevant returning or counting officer must provide each presiding officer with such number of ballot boxes and ballot papers as in the former officer’s opinion may be necessary.

(2) The same ballot box may be used for the poll at the referendum and the poll at every relevant election or referendum, if the relevant returning or counting officer thinks fit.

(3) Every ballot box must be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked or, where the box has no lock, the seal being broken.

(4) The relevant returning or counting officer must provide each polling station with—

(a)materials to enable voters and proxies to mark the ballot papers;

(b)copies of the register of electors for the voting area or such part of it as contains the names of the voters allotted to the station;

(c)the parts of any special lists prepared for the referendum corresponding to the register of electors for the voting area or the part of it provided under sub-paragraph (b);

(5) The reference in paragraph (4)(b) to the copies of the register of electors includes a reference to copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act(123) in respect of alterations to the register.

(6) The relevant returning or counting officer must also provide each polling station with—

(a)at least one large version of each ballot paper which must be printed on the same colour paper as the corresponding ballot paper and displayed inside the polling station for the assistance of voters and proxies who are partially sighted; and

(b)a device of such description as is set out in paragraph (11) for enabling voters and proxies who are blind or partially sighted to vote without any need for assistance from the presiding officer or any companion (within the meaning of rule 30(1)).

(7) Where notwithstanding paragraph (2) separate ballot boxes are to be used, each ballot box must be clearly marked with—

(a)the election or referendum to which it relates, as shown on the ballot papers for that election or referendum; and

(b)the words “Place the [specify colour of ballot papers in question] ballot papers in here”.

(8) A notice in the form in the Appendix, giving directions for the guidance of voters and proxies in voting, must be printed in conspicuous characters and exhibited inside and outside every polling station.

(9) The relevant returning or counting officer may also provide copies of the notice mentioned in paragraph (8) in Braille or translated into languages other than English as he considers appropriate, provided that these notices are accurate reproductions in Braille or that other language of that notice.

(10) In every compartment of every polling station there must be exhibited the following notice—

*PARLIAMENTARY ELECTION

([Specify colour] ballot paper)

vote for ONE candidate only

*EUROPEAN PARLIAMENTARY ELECTION