The European Union Referendum (Conduct) Regulations 2016

Tampering with papers

17.—(1) Section 65 of the 1983 Act(1) applies for the purposes of the referendum but with the following modifications.

(2) Subsection (1) has effect for those purposes as if—

(a) for “at a parliamentary or local government election” there were substituted “in the referendum”,

(b) paragraph (a) were omitted, and

(c) in paragraph (f), for “election” there were substituted “referendum”.

(3) But nothing in that subsection is to be taken to apply to anything done in connection with the referendum so far as held in Gibraltar.

(4) For the purposes of the referendum the following subsection is to be treated as substituted for subsection (2)—

“(2) In Scotland, a person shall be guilty of an offence if—

(a) in the referendum, he forges or counterfeits any ballot paper or the official mark on any ballot paper; or

(b) he fraudulently or without due authority, as the case may be, attempts to do any of those things.”

(5) Subsection (3) has effect for the purposes of the referendum as if for “a returning officer” there were substituted “the Chief Counting Officer, a Regional Counting Officer, a counting officer”.

(1)

Section 65 was amended by paragraph 2 of Schedule 3 to the Representation of the People Act 1985 (c.50) and paragraphs 69 and 72 of Schedule 1 to the Electoral Administration Act 2006 (c.22). There are other amendments that are not relevant to these Regulations.