SCHEDULE 3APPLICATION OF EXISTING PROVISIONS OF REGULATIONS
PART 1THE 2001 REGULATIONS (ENGLAND AND WALES) AND THE 2001 REGULATIONS (SCOTLAND)
Preliminary
I11
1
In this Part of this Schedule the “relevant regulations” means—
a
the Representation of the People (England and Wales) Regulations 2001 (referred to in this Part of this Schedule as “the England and Wales Regulations”), and
b
the Representation of the People (Scotland) Regulations 2001 (referred to in this Part of this Schedule as “the Scotland Regulations”).
2
In any provision of the relevant regulations as applied by this Part of this Schedule—
a
expressions defined by section 11 of the 2015 Act have the meaning given by that section, and
b
expressions defined by regulation 5 have the meaning given by that regulation.
3
Sub-paragraph (2) does not apply to the extent that the context otherwise requires.
I22
The following provisions of the relevant regulations apply for the purposes of the referendum—
a
regulation 3(1) and (3) (interpretation)110;
b
regulation 5 (applications, notices etc)111;
c
regulation 6 (electronic signatures)112;
d
regulation 11 (interference with notices etc);
e
regulation 32A (representations regarding clerical errors)113;
f
regulation 36A (communication of notices issued on polling day)114;
g
regulation 55A (additional requirements for applications for an emergency proxy vote)115;
h
regulation 62 (marked register for polling stations)116;
i
regulation 120 (calculating the fee for supply of marked registers or lists)117.
FormsI33
1
Regulation 4 of the relevant regulations (forms)118 applies for the purposes of the referendum but with the following modifications.
2
Paragraph (1) has effect for the purposes of the referendum as if—
a
after paragraph (b) there were inserted—
, and
c
applications made under Chapter 1 of Part 3 of the European Union Referendum (Conduct) Regulations 2016.
b
after “an election” there were inserted “or the referendum”.
3
Paragraph (2) has effect for the purposes of the referendum only in so far as it relates to Form K in Schedule 3 to the relevant regulations.
Computation of timeI44
Regulation 8 of the relevant regulations (time)119 has effect for the purposes of the referendum as if in paragraph (2) for “regulation 56(6)” there were substituted “regulations 56(6) and 78A(5)”.
Restriction on supply etc of record of anonymous entriesI55
Regulation 45B(2) of the Scotland Regulations (duties of registration officers etc in relation to record of anonymous entries)120 has effect for the purposes of the referendum as if—
a
after sub-paragraph (a) there were treated as inserted—
aa
a deputy of the registration officer acting in that other capacity;
b
the references in sub-paragraph (b) to “that officer” were treated as references to “a person mentioned in sub-paragraph (a) or (aa)”.
General requirements for applications for an absent voteI66
1
Regulation 51 of the relevant regulations (general requirements for applications for an absent vote)121 has effect for the purposes of the referendum with the following modifications.
2
Paragraph (1) has effect for those purposes as if after “Schedule 4” there were inserted “or Chapter 1 of Part 3 of the European Union Referendum (Conduct) Regulations 2016”.
3
Paragraph (2) has effect for the purposes of the referendum as if—
a
4
For the purposes of the referendum the following paragraph is to be treated as inserted after paragraph (5)—
5A
An application that is made under Chapter 1 of Part 3 of the European Union Referendum (Conduct) Regulations 2016 for the purposes of the referendum must state that it is so made.
Signature of application for absent voteI77
Regulation 51A(a) of the relevant regulations (requirements that applications for an absent vote must be signed)122 has effect for the purposes of the referendum as if—
a
after “Schedule 4” there were inserted “or Chapter 1 of Part 3 of the European Union Referendum (Conduct) Regulations 2016”, and
b
for “or the returning officer” there were substituted “, the returning officer or the counting officer”.
Address to which to send ballot paper: requirements if different to address in applicationI88
Regulation 51AA(1) of the relevant regulations (additional requirement for applications for ballot paper to be sent to different address from that in application)123 has effect for the purposes of the referendum as if—
a
in sub-paragraph (a), after “Schedule 4” there were inserted “or regulation 62(1) of the European Union Referendum (Conduct) Regulations 2016”, and
b
in sub-paragraph (b), after “Schedule 4” there were inserted “or regulation 66(4) of the European Union Referendum (Conduct) Regulations 2016”.
Address to which to send ballot paper: requirements if different to address in recordsI99
Regulation 51B of the relevant regulations (additional requirement for applications for ballot paper to be sent to different address from that in records)124 applies for the purposes of the referendum but as if for sub-paragraphs (a) and (b) of paragraph (1) there were substituted “regulation 62(5)(a) or 66(5) of the European Union Referendum (Conduct) Regulations 2016 by a person shown as voting by post in the record referred to in that provision.”
Applications for appointment of a proxyI1010
Regulation 52 of the relevant regulations (additional requirements for applications for appointment of proxy) has effect for the purposes of the referendum as if after “Schedule 4” there were inserted “or regulation 64(4) of the European Union Referendum (Conduct) Regulations 2016”.
Additional requirements for applications for proxy to voteI1111
1
Regulation 55 of the relevant regulations (additional requirement for applications for proxy to vote) applies for the purposes of the referendum but with the following modifications.
2
For those purposes the following paragraph is to be treated as substituted for paragraph (1)—
1
An application under regulation 62(2) of the European Union Referendum (Conduct) Regulations 2016 to vote by proxy in the referendum is to set out why the applicant’s circumstances on the date of the poll will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the polling station allotted to the applicant under Part 2 of those Regulations.
3
Paragraph (2) has effect for the purposes of the referendum as if—
a
for “paragraph 4(2) of Schedule 4” there were substituted “regulation 62(2) of the European Union Referendum (Conduct) Regulations 2016”, and
b
for “at the election for which it is made” there were substituted “for the referendum”.
4
Paragraph (3A) of the England and Wales Regulations and paragraph (4) of the Scotland Regulations has effect for the purposes of the referendum as if—
a
for “paragraph 4(2) of Schedule 4” there were substituted “regulation 62(2) of the European Union Referendum (Conduct) Regulations 2016”, and
b
for “at the election for which it is made” there were substituted “for the referendum”.
5
Paragraph (4) of the England and Wales Regulations and paragraph (3A) of the Scotland Regulations has effect for the purposes of the referendum as if—
a
for “paragraph 4(2) of Schedule 4” there were substituted “regulation 62(2) of the European Union Referendum (Conduct) Regulations 2016”,
b
for “paragraph 2(5A) of that Schedule” there were substituted “regulation 60(7) of those Regulations”, and
c
for “at the election for which it is made” there were substituted “for the referendum”.
Closing date for applicationsI1212
1
Regulation 56 of the relevant regulations (closing date for applications)125 has effect for the purposes of the referendum with the following modifications.
2
For those purposes the following paragraph is to be treated as substituted for paragraph (1)—
1
An application under paragraph 3(1), (6) or (7) or 7(4) of Schedule 4 to the 2000 Act or an application under regulation 66(4) of the European Union Referendum (Conduct) Regulations 2016 shall be disregarded for the purposes of the referendum, and an application under regulation 62(5) of the European Union Referendum (Conduct) Regulations 2016 shall be refused, if it is received by the registration officer after 5 pm on the eleventh day before the date of the poll for the referendum.
3
Paragraph (2) has effect for the purposes of the referendum as if—
a
for “a particular parliamentary or local government election” there were substituted “the referendum”, and
b
for “at that election” there were substituted “for the referendum”.
4
For the purposes of the referendum the following paragraphs are to be treated as substituted for paragraphs (3) and (3A)—
3
3A
Where an application made under regulation 62(2) of the European Union Referendum (Conduct) Regulations 2016 is made—
a
on the grounds of the applicant’s disability and the applicant became disabled after 5 pm on the sixth day before the date of the poll for the referendum; or
b
on grounds relating to the applicant’s occupation, service or employment and the applicant became aware of those grounds after 5 pm on the sixth day before the date of the poll for the referendum; or
c
by a person to whom regulation 60(7) of those Regulations applies,
the application, or an application under regulation 64(4) of those Regulations made by virtue of that application, is to be refused if it is received after 5pm on the day of the poll for the referendum.
5
For the purposes of the referendum the following paragraph is to be treated as substituted for paragraph (4)—
6
Paragraph (5) has effect for the purposes of the referendum as if—
a
after “paragraph 6(10) of that Schedule by an elector” there were treated as inserted “, or a notice under regulation 64(6) of the European Union Referendum (Conduct) Regulations 2016 by a person,”,
b
for “a particular parliamentary or local government election” there were substituted “the referendum”, and
c
for “at that election” there were substituted “for the referendum”.
7
Paragraph (5A) has effect for the purposes of the referendum as if for “a particular parliamentary or local government election” there were substituted “the referendum”.
8
For the purposes of the referendum the following paragraph is to be treated as substituted for paragraphs (6) and (7)—
6
In computing a period of days for the purposes of this regulation the following days are to be disregarded—
a
a Saturday or Sunday, and
b
Christmas Eve, Christmas Day, Good Friday and any other day that is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
Grant or refusal of applicationsI1313
1
Regulation 57 of the relevant regulations (grant or refusal of applications)126 has effect for the purposes of the referendum with the following modifications.
2
For those purposes, paragraph (3) is treated as omitted.
3
Paragraph (4) has effect for the purposes of the referendum as if after “Schedule 4” there were inserted “or Chapter 1 of Part 3 of the European Union Referendum (Conduct) Regulations 2016”.
4
Paragraph (4A) has effect for the purposes of the referendum as if after sub-paragraph (b) there were inserted—
5
6
Paragraph (5) has effect for the purposes of the referendum as if for “any particular parliamentary or local government election,” there were substituted “the referendum”.
7
For the purposes of the referendum the following paragraph is to be treated as inserted after paragraph (6)—
7
Where the registration officer is not the counting officer for any voting area or part of a voting area in the area for which he is the registration officer, he shall send to that officer details of any application to vote by post which he has granted as soon as practicable after doing so.
Cancellation of proxy appointmentI1414
Regulation 59 of the relevant regulations (cancellation of proxy appointment) has effect for the purposes of the referendum as if—
a
after “paragraph 6(10) of Schedule 4” there were inserted “or regulation 64(6) of the European Union Referendum (Conduct) Regulations 2016”,
b
for “that provision” there were substituted “either of those provisions”,
c
for “of that Schedule” there were substituted “of Schedule 4”, and
d
after “paragraph 3(4)(c) of Schedule 4” there were inserted “or the list of proxies kept under regulation 63(3) of the European Union Referendum (Conduct) Regulations 2016”.
Requirement to provide fresh signatures every 5 yearsI1515
1
Regulation 60A of the relevant regulations (requirement to provide fresh signatures)127 has effect for the purposes of the referendum with the following modifications.
2
3
Paragraph (8) has effect for the purposes of the referendum as if—
a
in sub-paragraph (a), at the end there were inserted “or under Part 2 of the European Union Referendum (Conduct) Regulations 2016 (as the case may be)”, and
b
in sub-paragraph (b), after “Schedule 4” there were inserted “or Chapter 1 of Part 3 of the European Union Referendum (Conduct) Regulations 2016”.
4
Paragraph (9) has effect for the purposes of the referendum as if for the words from “kept under” to the end there were substituted—
Records and listsI1616
1
Regulation 61 of the relevant regulations (records and lists)128 applies for the purposes of the referendum but with the following modifications.
2
Paragraph (1) has effect for those purposes as if for the words from “any of the following” to the end there were substituted “the current or final version of the postal voters list, the list of proxies or the proxy postal voters lists which he is required to keep under regulation 63(2), 63(3) or 66(6) of the European Union Referendum (Conduct) Regulations 2016.”
3
Paragraph (3) of the Scotland Regulations has effect for the purposes of the referendum as if after sub-paragraph (b) there were inserted—
or
c
purposes connected with the referendum,
4
Paragraph (5) has effect for the purposes of the referendum as if for “paragraph 5(2) of Schedule 4” there were substituted “regulation 63(2) of the European Union Referendum (Conduct) Regulations 2016.”
5
Paragraph (6) has effect for the purposes of the referendum as if—
a
b
for sub-paragraph (b) there were substituted—
b
if he is not the counting officer for any voting area or part of a voting area in the area for which he is the registration officer, send to that officer a copy of those lists and provide any subsequent revised lists or revisions to the lists;
6
Paragraph (6A) has effect for the purposes of the referendum as if—
a
for “parliamentary election” there were substituted “the referendum”,
b
for “acting returning officer” there were substituted “counting officer”,
c
for “any constituency or part of a constituency” there were substituted “any voting area or part of a voting area”, and
7
Paragraph (7) has effect for the purposes of the referendum as if for “the proxy voters list kept under paragraph 5(3) of Schedule 4” there were substituted “the list of proxies kept under regulation 63(3) of the European Union Referendum (Conduct) Regulations 2016”.
Conditions on use, supply and inspection of absent voter records or listsI1717
Regulation 61A of the relevant regulations (conditions on the use, supply and inspection of absent voter records or lists)129 applies for the purposes of the referendum but as if—
a
for “regulations 61(1)(a) and (b)” there were substituted “regulation 61(1)”,
b
the word “either” were omitted, and
c
after sub-paragraph (b) there were inserted—
, or
c
purposes connected with the referendum.
Personal identifiers recordI1818
1
Regulation 61B of the relevant regulations (personal identifiers record)130 has effect for the purposes of the referendum with the following modifications.
2
For those purposes the following paragraph is to be treated as substituted for paragraph (1)—
1
In these Regulations “personal identifiers record” means a record kept by a registration officer in pursuance of—
a
paragraph 3(9) or 7(12) of Schedule 4 to the Representation of the People Act 2000 in relation to persons entitled to vote in the referendum,
b
paragraph 3(9) or 7(13) of Schedule 2 to the European Parliamentary Elections Regulations 2004 in relation to peers entitled to vote in the referendum, or
3
Paragraph (3) has effect for the purposes of the referendum as if the following were substituted for sub-paragraph (a)—
a
any agent attending proceedings on receipt of postal ballot papers, in accordance with regulation 85A(4).
Notification of rejected postal voting statementI1919
Regulation 61C of the relevant regulations (notification of rejected postal voting statement)131 applies for the purposes of the referendum but as if, in paragraphs (1)(a) and (2)(b), for “returning officer” there were substituted “counting officer”.
Interpretation of Part 5I2020
Regulation 64 of the relevant regulations (interpretation of Part 5)132 has effect for the purposes of the referendum as if—
a
the following were substituted for the definition of “agent”—
“agent”, except in regulation 69, means a referendum agent or an agent appointed under regulation 69;
b
in the definition of “valid postal voting statement”, for “returning officer” there were substituted “counting officer”.
Persons entitled to be present at proceedings on issue of postal ballot papersI2121
Regulation 67 of the relevant regulations (persons entitled to be present at proceedings on issue of postal ballot papers)133 applies for the purposes of the referendum but as if for “returning officer” there were substituted “counting officer”.
Persons entitled to be present at proceedings on receipt of postal ballot papersI2222
Regulation 68 of the relevant regulations (persons entitled to be present at proceedings on receipt of postal ballot papers)134 applies for the purposes of the referendum but as if for sub-paragraphs (a) to (c) there were substituted—
a
the counting officer and his clerks,
b
a referendum agent,
Agents of candidate who may attend proceedings on receipt of postal ballot papersI2323
Regulation 69 of the relevant regulations (agents of candidates who may attend proceedings on receipt of postal ballot papers) applies for the purposes of the referendum but as if—
a
for “candidate” (in each place) there were substituted “referendum agent”,
b
for “returning officer” (in each place) there were substituted “counting officer”, and
c
paragraphs (3) and (5) were omitted.
Notification of requirement of secrecyI2424
Regulation 70 of the relevant regulations (notification of requirement of secrecy) applies for the purposes of the referendum but as if for “returning officer” there were substituted “counting officer”.
Time when postal ballot papers are to be issuedI2525
Regulation 71 of the relevant regulations (time when postal ballot papers are to be issued)135 applies for the purposes of the referendum but as if for the words from “be issued” to the end there were substituted—
not be issued by a counting officer so as to be received by persons entitled to vote in the referendum before the beginning of the relevant period within the meaning of section 125 of the Political Parties, Elections and Referendums Act 2000 (restriction on campaigning by certain persons or bodies).
Procedure on issue of postal ballot papersI2626
Regulation 72 of the relevant regulations (procedure on issue of postal ballot papers)136 applies for the purposes of the referendum but as if in paragraph (8) for sub-paragraphs (a) and (b) there were substituted “as mentioned in column 3 of the table in regulation 63(2) or 66(6) of the European Union Referendum (Conduct) Regulations 2016.”
Refusal to issue ballot paperI2727
Regulation 73 of the relevant regulations (refusal to issue ballot paper)137 has effect for the purposes of the referendum as if—
a
for “returning officer” there were substituted “counting officer”, and
b
for “at any one election” there were substituted “for the referendum”.
EnvelopesI2828
Sealing up of completed corresponding number listsI2929
Regulation 75 of the relevant regulations (sealing up of completed corresponding number lists)139 applies for the purposes of the referendum but as if for “returning officer” (in both places) there were substituted “counting officer”.
Delivery of postal ballot papersI3030
1
Regulation 76 of the relevant regulations (delivery of postal ballot papers) applies for the purposes of the referendum but with the following modifications.
2
For those purposes paragraph (1) has effect as if—
a
for “returning officer” there were substituted “counting officer”, and
b
in sub-paragraph (c), for “rule 26(1) of the elections rules” there were substituted “regulation 19 of the European Union Referendum (Conduct) Regulations 2016.”
3
For the purposes of the referendum paragraph (2) has effect as if for “returning officer” there were substituted “counting officer”.
Spoilt postal ballot papersI3131
Regulation 77 of the relevant regulations (spoilt postal ballot papers)140 applies for the purposes of the referendum but as if for “returning officer” (in each place) there were substituted “counting officer”.
Lost postal ballot papersI3232
Regulation 78 of the relevant regulations (lost postal ballot papers)141 applies for the purposes of the referendum but as if for “returning officer” (in each place) there were substituted “counting officer”.
Cancellation of postal ballot papersI3333
1
Regulation 78A of the relevant regulations (cancellation of postal ballot papers)142 applies for the purposes of the referendum but with the following modifications.
2
Paragraph (1) has effect for those purposes as if—
a
for the words from “final” to “application under” there were substituted “nineteenth day before the day of the poll for the referendum, an application under”,
b
in sub-paragraph (b), for the reference to “or 4(3)(b) of that Schedule” there were substituted “of Schedule 4 or regulation 62(5)(b) of the European Union Referendum (Conduct) Regulations 2016”,
c
in sub-paragraph (c), for the reference to “that Schedule” there were substituted “Schedule 4”,
d
in sub-paragraph (d), for the reference to “paragraph 4(3)(a) of that Schedule” there were substituted “regulation 62(5)(a) of the European Union Referendum (Conduct) Regulations 2016”,
e
in sub-paragraph (e), for the reference to “or (8) of that Schedule” there were substituted “of Schedule 4 or regulation 64(4) of the European Union Referendum (Conduct) Regulations 2016”,
f
in sub-paragraph (f), for the reference to “paragraph 7(7) of that Schedule” there were substituted “regulation 66(5) of the European Union Referendum (Conduct) Regulations 2016”,
g
in sub-paragraph (g), for the reference to “that Schedule” there were substituted “Schedule 4”,
h
for the reference to “paragraph 6(10) of that Schedule” there were substituted “paragraph 6(10) of Schedule 4 or regulation 64(4) of the European Union Referendum (Conduct) Regulations 2016”, and
i
for the reference to “that election” there were substituted “the referendum”.
3
For the purposes of the referendum, paragraphs (1), (2) and (3) have effect as if for “returning officer” (in each place) there were substituted “counting officer”.
4
For the purposes of the referendum the following paragraph is treated as substituted for paragraph (5)—
5
In computing a period of days for the purposes of this regulation the following days are to be disregarded—
a
a Saturday or Sunday,
b
Christmas Eve, Christmas Day, Good Friday and any other day that is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom,
c
any day that is a bank or public holiday in Gibraltar under the Gibraltar Acts titled the Banking and Financial Dealings Act and the Interpretation and General Clauses Act, and
d
any day appointed in any part of the United Kingdom or Gibraltar as a day of public thanksgiving or mourning.
Alternative means of returning postal ballot paper or postal voting statement: England and WalesI3434
Regulation 79 of the England and Wales Regulations (alternative means of returning postal ballot paper or postal voting statement)143 applies for the purposes of the referendum but as if—
a
for “returning officer” (in each place) there were substituted “counting officer”,
b
in paragraph (1) for “rule 45(1B) of the rules in Schedule 1 to the 1983 Act” there were substituted “regulation 46(3) of the European Union Referendum (Conduct) Regulations 2016”, and
c
in paragraph (3) for “rule 43(1) of the elections rules” there were substituted “regulation 44(1) of the European Union Referendum (Conduct) Regulations 2016”.
Alternative means of returning postal ballot paper or postal voting statement: ScotlandI3535
Regulation 79 of the Scotland Regulations (alternative means of returning postal ballot paper or postal voting statement) applies for the purposes of the referendum but as if—
a
for “returning officer” (in each place) there were substituted “counting officer”,
b
in paragraph (1) for “rule 45(1B) of the elections rules” there were substituted “regulation 46(3) of the European Union Referendum (Conduct) Regulations 2016”, and
c
in paragraph (2) for “rule 43(1) of the elections rules” there were substituted “regulation 44(1) of the European Union Referendum (Conduct) Regulations 2016”.
Notice of opening of postal ballot paper envelopesI3636
1
Regulation 80 of the relevant regulations (notice of opening of postal ballot paper envelopes) applies for the purposes of the referendum but with the following modifications.
2
Paragraph (1) has effect for those purposes as if—
a
for “returning officer” there were substituted “counting officer”, and
b
for “candidate” there were substituted “referendum agent”.
3
Paragraph (2) has effect for the purposes of the referendum as if for “candidate” there were substituted “referendum agent”.
Postal ballot boxes and receptaclesI3737
Regulation 81 of the relevant regulations (postal ballot boxes and receptacles)144 applies for the purposes of the referendum but as if—
a
for “returning officer” (in each place) there were substituted “counting officer”,
b
in paragraph (2) for the words from “constituency” to the end there were substituted “voting area”, and
c
in paragraph (4) after “box” there were inserted “(if it has a lock)”.
Receipt of covering envelopeI3838
Regulation 82 of the relevant regulations (receipt of covering envelope)145 applies for the purposes of the referendum but as if for “returning officer” (in both places) there were substituted “counting officer”.
Opening of postal voters’ ballot boxI3939
Regulation 83 of the relevant regulations (opening of postal voters’ ballot box) applies for the purposes of the referendum but as if—
a
for “returning officer” (in both places) there were substituted “counting officer”, and
b
in paragraph (3) for “rule 45 of the elections rules” there were substituted “regulation 46 of the European Union Referendum (Conduct) Regulations 2016”.
Opening of covering envelopesI4040
Regulation 84 of the relevant regulations (opening of covering envelopes)146 applies for the purposes of the referendum but as if for “returning officer” (in each place) there were substituted “counting officer”.
Confirming receipt of postal voting statementsI4141
Regulation 84A of the relevant regulations (confirming receipt of postal voting statements)147 applies for the purposes of the referendum but as if for “returning officer” (in each place) there were substituted “counting officer”.
Procedure in relation to postal voting statements: personal identifier verificationI4242
Regulation 85A of the relevant regulations (procedure in relation to postal voting statements: personal identifier verification)148 applies for the purposes of the referendum but as if for “returning officer” (in each place) there were substituted “counting officer”.
Opening of ballot paper envelopesI4343
Regulation 86 of the relevant regulations (opening of ballot paper envelopes) applies for the purposes of the referendum but as if, in paragraph (1), for “returning officer” there were substituted “counting officer”.
Retrieval of cancelled postal ballot papersI4444
1
Regulation 86A of the relevant regulations (retrieval of cancelled postal ballot papers)149 applies for the purposes of the referendum but with the following modifications.
2
Paragraphs (1) and (3) have effect for those purposes as if for “returning officer” (in each place) there were substituted “counting officer”.
3
Paragraph (2)(f) has effect for the purposes of the referendum as if for “rule 45 of the elections rules” there were substituted “regulation 46 of the European Union Referendum (Conduct) Regulations 2016”.
Lists of rejected postal ballot papersI4545
Regulation 87 of the relevant regulations (lists of rejected postal ballot papers)150 applies for the purposes of the referendum but as if in paragraph (1) for “In respect of any election, the returning officer” there were substituted “The counting officer”.
Checking of lists of rejected postal ballot papersI4646
Regulation 88 of the relevant regulations (checking of lists of rejected postal ballot papers)151 applies for the purposes of the referendum but as if—
a
for “returning officer” (in each place) there were substituted “counting officer”, and
b
in paragraph (3), for the words from “constituency” to the end there were substituted “voting area under regulation 44(4) of the European Union Referendum (Conduct) Regulations 2016”.
Sealing of receptaclesI4747
Regulation 89 of the relevant regulations (sealing of receptacles)152 applies for the purposes of the referendum but as if, in paragraph (1), for “returning officer” there were substituted “counting officer”.
Forwarding or retention of documents: England and WalesI4848
1
Regulation 91 of the England and Wales Regulations (forwarding of documents)153 applies for the purposes of the referendum but with the following modifications.
2
For those purposes the following paragraph is to be treated as substituted for paragraph (1)—
1
When the counting officer forwards the documents mentioned in regulation 56 of the European Union Referendum (Conduct) Regulations 2016, he shall forward to the same registration officer—
a
any packets referred to in regulations 75, 77(6), 78(2C), 78A(2), 84(9) and 89, endorsing on each packet a description of its contents, the date of the referendum and the name of the voting area, and
b
a completed statement in Form K of the number of postal ballot papers issued.
3
Paragraph (3) has effect for the purposes of the referendum as if for “returning officer” (in both places) there were substituted “counting officer”.
4
Paragraph (3A) has effect for the purposes of the referendum as if—
a
for “returning officer” (in both places) there were substituted “counting officer”,
b
the following were substituted for sub-paragraph (a)—
a
forward to the registration officer mentioned in that paragraph the list required to be compiled under regulation 87(4),
c
in sub-paragraph (b) for “constituency” there were substituted “voting area”.
5
6
Paragraph (5) has effect for the purposes of the referendum as if for “returning officer” there were substituted “counting officer”.
Retention of documents: ScotlandI4949
1
Regulation 91 of the Scotland Regulations (retention of documents)154 applies for the purposes of the referendum but with the following modifications.
2
For those purposes the following paragraph is to be treated as substituted for paragraph (1)—
1
The counting officer shall retain together with the documents mentioned in regulation 56 of the European Union Referendum (Conduct) Regulations 2016—
a
any packets referred to in regulations 75, 77(6), 78(2C), 78A(2), 84(8) and 89, endorsing on each packet a description of its contents, the date of the referendum and the name of the voting area,
b
a completed statement in Form K of the number of postal ballot papers issued, and
c
any list compiled under regulation 87(4).
3
Paragraph (2) has effect for the purposes of the referendum as if for “returning officer” (in both places) there were substituted “counting officer”.
4
Paragraph (4) has effect for the purposes of the referendum as if—
a
b
for “rules 56 and 57” there were substituted “those regulations”.
5
Paragraph (5) has effect for the purposes of the referendum as if for “returning officer” there were substituted “counting officer”.
Forwarding of documents: ScotlandI5050
1
Regulation 91A of the Scotland Regulations (forwarding of documents)155 applies for the purposes of the referendum but with the following modifications.
2
For those purposes the following paragraph is to be treated as substituted for paragraph (1)—
1
Before the counting officer seals up the counted and rejected ballot papers as provided by regulation 55 of the European Union Referendum (Conduct) Regulations 2016, the counting officer must send a copy of any list compiled under regulation 87(4) to the registration officer for the local government area for which the counting officer is appointed.
3
Paragraph (2) has effect for the purposes of the referendum as if the words from “and requiring” to the end were omitted.
4
Paragraph (3) has effect for the purposes of the referendum as if—
a
for “Rule 56 of the elections rules, as modified by rule 58 of those rules,” there were substituted “Regulation 57 of the European Union Referendum (Conduct) Regulations 2016”,
b
the words “, or extracts of the list,” were omitted,
c
for “returning officer” (in both places) there were substituted “counting officer”,
d
in sub-paragraph (a)—
i
for “rule 56” there were substituted “regulation 57”, and
ii
the words “, or extracts of the list,” were omitted, and
e
in sub-paragraph (b)—
i
the words “(as modified by rule 58 of the elections rules)” were omitted, and
ii
the words “, or extracts of a list,” were omitted.
5
Paragraph (4) has effect for the purposes of the referendum as if the words “, or extracts of the list,” were omitted.
6
Paragraph (5) has effect for the purposes of the referendum as if—
a
the words “, or extracts of the list,” (in both places) were omitted, and
b
the words “, and issued any notices under regulation 60B,” were omitted.
Interpretation and application of Part 6: England and WalesI5151
Regulation 92 of the England and Wales Regulations (interpretation and application of Part 6)156 applies for the purposes of the referendum but as if—
a
in paragraph (7), for the words from “under regulations” to the first “may” there were substituted “under regulation 98 may”, and
b
in paragraph (10), for the words from “in regulations” to “below” there were substituted “in regulations 94(3) and 98(9) below”.
Restriction on supply etc of full register: England and WalesI5252
Regulation 94 of the England and Wales Regulations (restrictions on supply etc of full register)157 has effect for the purposes of the referendum as if, in paragraph (1), after sub-paragraph (b) there were inserted—
ba
the Chief Counting Officer and any Regional Counting Officer; and
bb
any deputy of the Chief Counting Officer or of any Regional Counting Officer; and
Restriction on supply etc of full register: ScotlandI5353
1
Regulation 94 of the Scotland Regulations (restrictions on supply etc of full register)158 has effect for the purposes of the referendum with the following modifications.
2
Paragraph (1) has effect for those purposes as if after sub-paragraph (a) there were inserted—
aa
the Chief Counting Officer and any Regional Counting Officer, and
ab
any deputy of the Chief Counting Officer or of any Regional Counting Officer, and
3
Paragraph (2) has effect for the purposes of the referendum as if—
a
after sub-paragraph (a) there were inserted—
aa
any deputy of the registration officer acting in that other capacity, and
b
the references in sub-paragraph (b) to “that officer” were treated as references to “a person mentioned in sub-paragraph (a) or (aa)”.
Supply of free copy of full register for electoral purposes and restrictions on use: ScotlandI5454
For the purposes of the referendum the following is treated as substituted for regulation 97 of the Scotland Regulations159—
Supply of free copy of full register for electoral purposes and restrictions on use97
1
By no later than the publication of the notice of the referendum, the registration officer shall supply each relevant counting officer with as many printed copies of the following as he may reasonably require for the purposes of the referendum—
a
the latest version of the relevant registers,
b
any notice, published under section 13A(2), 13AB(2) or 13B(3), (3B) or (3D) of the 1983 Act, setting out an alteration to the latest version of a relevant register, and
c
the latest version of the list of overseas electors.
2
In this regulation—
“relevant counting officer” in relation to a registration officer—
- a
means a counting officer for a voting area that is the same as, or falls wholly or partly within, the registration officer’s registration area, but
- b
does not include a counting officer who is the same individual as the registration officer;
“relevant register” means—
- a
the register of parliamentary electors, published under section 13(1) or (3) of the 1983 Act,
- b
the register of local government electors, published under section 13(1) or (3) of that Act, or
- c
the register of peers, maintained under section 3 of the 1985 Act, and published under section 13(1) or (3) of the 1983 Act (as applied by regulation 13(4) of, and Schedule 4 to, these regulations).
3
If at any time after a registration officer has complied with paragraph (1)—
a
a revised version of a relevant register is published,
b
a notice is published, under section 13A(2), 13AB(2) or 13B(3), (3B) or (3D) of the 1983 Act, setting out an alteration to the latest version of a relevant register, or
c
a revised version of the list of overseas electors is published,
the registration officer shall supply the counting officer with as many printed copies of the register, notice or list as he may reasonably require for the purposes of the referendum.
4
Where a registration officer is under a duty to supply a counting officer with printed copies of a register, notice or list under this regulation, he must also supply a copy of the register, notice or list in data form.
5
A register notice or list supplied under this regulation shall be supplied free of charge.
6
No person to whom a copy of any register has been supplied under this regulation may—
a
supply a copy of the full register,
b
disclose any information contained in it (that is not contained in the edited register), or
c
make use of any such information,
except for the purposes of the referendum.
Supply of free copy of full register for electoral purposes and restrictions on use: England and WalesI5555
For the purposes of the referendum the following is treated as substituted for regulation 98 of the England and Wales Regulations160—
Supply of free copy of full register for electoral purposes and restrictions on use98
1
By no later than the publication of the notice of the referendum, the registration officer shall supply each relevant counting officer with as many printed copies of the following as he may reasonably require for the purposes of the referendum—
a
the latest version of the relevant registers,
b
any notice, published under section 13A(2), 13AB(2) or 13B(3), (3B) or (3D) of the 1983 Act, setting out an alteration to the latest version of a relevant register, and
c
the latest version of the list of overseas electors.
2
In this regulation—
“relevant counting officer” in relation to a registration officer—
- a
means a counting officer for a voting area that is the same as, or falls wholly or partly within, the registration officer’s registration area, but
- b
does not include a counting officer who is the same individual as the registration officer;
“relevant register” means—
- a
the register of parliamentary electors, published under section 13(1) or (3) of the 1983 Act,
- b
the register of local government electors, published under section 13(1) or (3) of that Act, or
- c
the register of peers, maintained under section 3 of the 1985 Act, and published under section 13(1) or (3) of the 1983 Act (as applied by regulation 13(4) of, and Schedule 4 to, these regulations).
3
If at any time after a registration officer has complied with paragraph (1)—
a
a revised version of a relevant register is published,
b
a notice is published, under section 13A(2), 13AB(2) or 13B(3), (3B) or (3D) of the 1983 Act, setting out an alteration to the latest version of a relevant register, or
c
a revised version of the list of overseas electors is published,
the registration officer shall supply the counting officer with as many printed copies of the register, notice or list as he may reasonably require for the purposes of the referendum.
4
Where a registration officer is under a duty to supply a counting officer with printed copies of a register, notice or list under this regulation, he must also supply a copy of the register, notice or list in data form.
5
A register notice or list supplied under this regulation shall be supplied free of charge.
6
No person to whom a copy of any register has been supplied under this regulation may—
a
supply a copy of the full register,
b
disclose any information contained in it (that is not contained in the edited register), or
c
make use of any such information,
except for the purposes of the referendum.
Offences: England and WalesI5656
Regulation 115 of the England and Wales Regulations (offences)161 has effect for the purposes of the referendum as if in paragraph (2) for “98(9)” there were substituted “98(6)”.
Offences: ScotlandI5757
Regulation 115 of the Scotland Regulations (offences)162 has effect for the purposes of the referendum as if in paragraph (2) for “97(7)” there were substituted “97(6)”.
Interpretation of Part 7: England and WalesI5858
Regulation 116 of the England and Wales Regulations (interpretation of Part 7)163 has effect for the purposes of the referendum as if—
a
in paragraph (1) for “rule 55(1)(e) of the elections rules” there were substituted “by virtue of regulation 56(2)(g) of the European Union Referendum (Conduct) Regulations 2016”, and
b
after paragraph (1) there were inserted—
1A
In this Part references to “the relevant registration officer” means the registration officer to whom packets are forwarded under regulation 56(1) of the European Union Referendum (Conduct) Regulations 2016.
Interpretation of Part 7: ScotlandI5959
1
Regulation 116 of the Scotland Regulations (interpretation of Part 7)164 has effect for the purposes of the referendum with the following modifications.
2
Paragraph (1) has effect for those purposes as if—
a
for “returning officer” there were substituted “counting officer”, and
b
for “rule 58 of the elections rules” there were substituted “by virtue of regulation 56(2)(g) of the European Union Referendum (Conduct) Regulations 2016”.
3
Paragraph (4) has effect for the purposes of the referendum as if for “returning officer” there were substituted “counting officer”.
Supply of marked registers and lists after an election: England and WalesI6060
1
Regulation 117 of the England and Wales Regulations (supply of marked registers and lists)165 applies for the purposes of the referendum but with the following modifications.
2
Paragraph (1) has effect for those purposes as if—
a
for the words from “regulation 100” to “local government election” there were substituted “regulation 100, 106, 109 or 113 with copies of the full register”, and
b
at the end there were treated as inserted—
The reference to a person entitled to be supplied in accordance with regulation 106 with copies of the full register does not include a person mentioned in regulation 106(1)(b).
3
Paragraph (2) has effect for the purposes of the referendum as if—
a
for “regulation 103, 105, 106 or 108 before a particular election” there were substituted “regulation 106(1)(a) or (c) before the referendum”, and
b
for “that election for which the marked register or list was prepared” there were substituted “the referendum”.
4
Paragraph (6)(b) has effect for the purposes of the referendum as if for “regulations 100, 103, 105, 106, 108, 109 or 113” there were substituted “regulations 100, 106, 109 and 113”.
5
Paragraph (7) has effect for the purposes of the referendum as if for “regulations 100(3), 105(4), 106(3), 108(5) and 109(3)” there were substituted “regulations 100(3), 106(3) and 109(3)”.
Supply of marked registers and lists after an election: ScotlandI6161
1
Regulation 117 of the Scotland Regulations (supply of marked registers and lists)166 applies for the purposes of the referendum but with the following modifications.
2
The regulation has effect for those purposes as if for “returning officer” (in each place) there were substituted “counting officer”.
3
Paragraph (1) has effect for the purposes of the referendum as if—
a
for the words from “regulation 99” to “parliamentary election” there were substituted “regulation 99, 105, 108 or 112 with copies of the full register”, and
b
at the end there were treated as inserted—
The reference to a person entitled to be supplied in accordance with regulation 105 with copies of the full register does not include a person mentioned in regulation 105(1)(b).
4
Paragraph (2) has effect for the purposes of the referendum as if—
a
for “regulation 102, 104, 105 or 107 before a particular election” there were substituted “regulation 105(1)(a) or (c) before the referendum”, and
b
for “that election for which the marked register or list was prepared” there were substituted “the referendum”.
5
Paragraph (6)(b) has effect for the purposes of the referendum as if for “regulations 99, 102, 104, 105, 107, 108 or 112” there were substituted “regulations 99, 105, 108 and 112”.
6
Paragraph (7) has effect for the purposes of the referendum as if for “regulations 99(3), 102(3), 104(4), 105(3), 107(5) or 108(3)” there were substituted “regulations 99(3), 105(3) or 108(3)”.
Inspection of documents open to public inspection
I6262
Regulation 118 of the relevant regulations (inspection of documents)167 applies for the purposes of the referendum but as if in paragraph (1)—
a
for “an election” there were substituted “the referendum”, and
b
for “the election” there were substituted “the referendum”.
I6363
For the purposes of the referendum, in regulation 118 of the Scotland Regulations, for “returning officer” (in each place) there is to be treated as substituted “counting officer”.
Conditions on use, supply and disclosure of documents open to public inspectionI6464
Regulation 119 of the relevant regulations (conditions on the use, supply and disclosure of documents)168 applies for the purposes of the referendum but as if, in paragraph (2)(b)—
a
the word “either” were omitted, and
b
the following were treated as inserted after paragraph (ii)—
; or
iii
any purpose in connection with the referendum.
Form K: statement as to postal ballot papersI6565
Form K in Schedule 3 to the relevant regulations (statement as to postal ballot papers)169 applies for the purposes of the referendum but as if—
a
for the heading “REPRESENTATION OF THE PEOPLE ACTS PARLIAMENTARY ELECTION” there were substituted “REFERENDUM ON THE UNITED KINGDOM’S MEMBERSHIP OF THE EUROPEAN UNION”,
b
for “constituency” there were substituted “voting area”, and
c
for “Returning Officer” (in each place) there were substituted “Counting Officer”.
PART 2THE 2008 REGULATIONS (NORTHERN IRELAND)
Preliminary
I6666
1
In this Part of this Schedule the “2008 Regulations” means the Representation of the People (Northern Ireland) Regulations 2008.
2
In any provision of the 2008 Regulations as applied by this Part of this Schedule—
a
expressions defined by section 11 of the 2015 Act have the meaning given by that section, and
b
expressions defined by regulation 5 have the meaning given by that regulation.
3
Sub-paragraph (2) does not apply to the extent that the context otherwise requires.
I6767
The following provisions of the 2008 Regulations apply for the purposes of the referendum—
a
regulation 3 (interpretation)170;
b
regulation 5 (applications, notices etc);
c
regulation 6 (electronic signatures);
d
regulation 8 (time);
e
regulation 11 (interference with notices etc);
f
regulation 25 (alteration of registers under section 13BA(3) of the 1983 Act)171;
g
regulation 40 (representations regarding clerical errors);
h
regulation 119 (fees relating to the supply of marked registers and lists).
FormsI6868
1
Regulation 4 of the 2008 Regulations (forms) applies for the purposes of the referendum but with the following modifications.
2
Paragraph (1) has effect for those purposes as if for “an election” there were substituted “the referendum”.
3
Paragraph (2) has effect for the purposes of the referendum only in so far as it relates to Form N in Schedule 3 to the 2008 Regulations.
Communication of notices made on polling dayI6969
Regulation 45 of the 2008 Regulations (communication of notices made on polling day) applies for the purposes of the referendum but as if in paragraph (3) for “returning officer” there were substituted “counting officer”.
Interpretation of Part 4I7070
Regulation 54 of the 2008 Regulations (interpretation of Part 4) has effect for the purposes of the referendum as if after “his allotted polling station” there were inserted “(apart from in regulation 59)”.
General requirements for applications for an absent voteI7171
1
Regulation 55 of the 2008 Regulations (general requirements for applications for an absent vote)172 has effect for the purposes of the referendum with the following modifications.
2
Paragraph (1) has effect for those purposes as if after “the 1985 Act” there were inserted “or Chapter 2 of Part 3 of the European Union Referendum (Conduct) Regulations 2016”.
3
Paragraph (2) has effect for the purposes of the referendum as if—
a
b
c
in sub-paragraph (b), after “the 1985 Act” there were inserted “or regulation 77(5) of the European Union Referendum (Conduct) Regulations 2016”,
d
in sub-paragraph (c) for “such an application” there were substituted “an application under section 9 of the 1985 Act”, and
Address to which to send ballot paper: requirements if different to address in applicationI7272
Regulation 55A of the 2008 Regulations (additional requirement for applications for ballot paper to be sent to different address to that in register)173 has effect for the purposes of the referendum as if—
a
b
in paragraph (2) “of the 1985 Act” were omitted.
Address to which to send ballot paper: requirements if different to address in recordsI7373
Regulation 55B of the 2008 Regulations (additional requirement for applications for ballot paper to be sent to different address from that in records)174 applies for the purposes of the referendum but as if for sub-paragraphs (a) and (b) of paragraph (1) there were inserted “regulation 73(5)(a) or 77(7) of the European Union Referendum (Conduct) Regulations 2016 by a person (“A”) shown as voting by post in the record referred to in that provision”.
Additional requirements for applications for appointment of a proxyI7474
Regulation 56 of the 2008 Regulations (additional requirement for applications for the appointment of a proxy)175 applies for the purposes of the referendum but as if—
a
in paragraph (1), after “the 1985 Act” there were inserted “or regulation 75(4) of the European Union Referendum (Conduct) Regulations 2016”, and
b
after paragraph (2)(b) there were inserted—
; or
c
regulation 77(5) of the European Union Referendum (Conduct) Regulations 2016.
Additional requirements for applications in respect of a particular electionI7575
1
Regulation 59 of the 2008 Regulations (additional requirements for applications in respect of a particular election)176 applies for the purposes of the referendum but with the following modifications.
2
For those purposes the following paragraph is to be treated as substituted for paragraph (1)—
1
An application under regulation 73(1) of the European Union Referendum (Conduct) Regulations 2016 shall set out why the applicant’s circumstances on the date of the poll will be or are likely to be such that he cannot reasonably be expected to vote in person at the polling station allotted to him under Part 2 of the European Union Referendum (Conduct) Regulations 2016.
3
Paragraphs (2)(d) and (3)(e) have effect for the purposes of the referendum as if the words from “in respect” to the end of the paragraph were omitted.
4
Paragraphs (4), (6) and (8) have effect for the purposes of the referendum as if for “section 7(1) of the 1985 Act” there were substituted “regulation 73(1) of the European Union Referendum (Conduct) Regulations 2016”.
5
Paragraph (6)(a) has effect for the purposes of the referendum as if for “at the election in question” there were substituted “for the referendum”.
6
For the purposes of the referendum the following paragraph is to be treated as substituted for paragraph (8)(b)—
b
in which the circumstances set out in accordance with paragraph (1) relate to the applicant’s employment either as a constable or by a counting officer on the date of the poll for the referendum for a purpose connected with the referendum;
Additional requirements for applications by proxies to vote by post at a particular electionI7676
Regulation 60 of the 2008 Regulations (additional requirements for applications by proxies to vote by post at a particular election)177 applies for the purposes of the referendum but as if for “section 9(7)(a) of the 1985 Act” there were substituted “regulation 77(5) of the European Union Referendum (Conduct) Regulations 2016”.
Closing date for applicationsI7777
1
Regulation 61 of the 2008 Regulations (closing date for applications) has effect for the purposes of the referendum with the following modifications.
2
For those purposes the following paragraphs are to be treated as substituted for paragraphs (1) to (3)—
1
An application under section 6(1) or (5), 8(6) or 9(4) of the 1985 Act shall be disregarded for the purposes of the referendum if it is received by the registration officer after 5 pm on the fourteenth day before the date of the poll for the referendum.
2
3
Paragraph (2) shall not apply to an application which satisfies the requirements of either paragraphs (6) and (7) or paragraph (8) of regulation 59; and such an application shall be refused if it is received by the registration officer after 5 pm on the sixth day before the date of the poll for the referendum.
3
Paragraph (4) has effect for the purposes of the referendum as if—
a
after “section 8(9) of that Act by an elector” there were inserted “, or a notice under regulation 75(6) of the European Union Referendum (Conduct) Regulations 2016 by a person,”,
b
for “a particular election” there were substituted “the referendum”, and
c
for “at that election” there were substituted “for the referendum”.
4
For the purposes of the referendum the following paragraph is to be treated as substituted for paragraphs (5) and (6)—
5
In computing a period of days for the purposes of this regulation the following days are to be disregarded—
a
a Saturday or Sunday, and
b
Christmas Eve, Christmas Day, Good Friday and any other day that is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
Grant or refusal of applicationsI7878
1
Regulation 62 of the 2008 Regulations (grant or refusal of applications) has effect for the purposes of the referendum with the following modifications.
2
Paragraph (1) has effect for those purposes as if after “section 6, 7, 8 or 9 of the 1985 Act” there were inserted “or Chapter 2 of Part 3 of the European Union Referendum (Conduct) Regulations 2016”.
3
For the purposes of the referendum, paragraph (3) is to be treated as omitted.
4
For the purposes of the referendum paragraph (4) has effect as if after “the 1985 Act” there were inserted “or Chapter 2 of Part 3 of the European Union Referendum (Conduct) Regulations 2016”
5
Paragraph (5) has effect for the purposes of the referendum as if after “a particular election” there were inserted “or the referendum”.
Cancellation of proxy appointmentI7979
Regulation 64 of the 2008 Regulations (cancellation of proxy appointment) has effect for the purposes of the referendum as if—
a
after “the 1985 Act” there were inserted “or regulation 75(6) of the European Union Referendum (Conduct) Regulations 2016,
b
for “that provision” there were substituted “either of those provisions”,
c
for “that Act” there were substituted “the 1985 Act”, and
d
before “remove his name” there were inserted “in the case where an application was made under section 8 of the 1985 Act,”.
Records and listsI8080
1
Regulation 66 of the 2008 Regulations (records and lists)178 applies for the purposes of the referendum but with the following modifications.
2
Paragraph (1) has effect for those purposes as if—
a
b
for “candidate at a parliamentary election or his election agent” there were substituted “referendum agent”.
3
For the purposes of the referendum paragraphs (2) and (2A) are to be treated as omitted.
4
Interpretation of Part 5I8181
1
Regulation 70 of the 2008 Regulations (interpretation of Part 5)179 has effect for the purposes of the referendum with the following modifications.
2
3
For the purposes of the referendum the definition of “agent” has effect as if the following were substituted for it—
“agent”, except in regulation 73, means a referendum agent or an agent appointed under regulation 73;
4
For the purposes of the referendum the definition of “list of postal proxies” has effect as if for “section 9(9) of the 1985 Act” there were substituted “regulation 77(8) of the European Union Referendum (Conduct) Regulations 2016”.
Time when postal ballot papers are to be issuedI8282
For the purposes of the referendum, the following regulation is to be treated as inserted after regulation 70 of the 2008 Regulations—
Time when postal ballot papers are to be issued70A
Postal ballot papers (and declarations of identity) must not be issued by the counting officer so as to be received by persons entitled to vote in the referendum before the beginning of the relevant period within the meaning of section 125 of the Political Parties, Elections and Referendums Act 2000 (restriction on campaigning by certain persons and bodies).
Persons entitled to be present at proceedings on issue and receipt of postal ballot papersI8383
1
Regulation 72 of the 2008 Regulations (persons entitled to be present at proceedings on issue of postal ballot papers)180 applies for the purposes of the referendum but with the following modifications.
2
Paragraph (1) has effect for those purposes as if—
a
For “a parliamentary election” there were substituted “the referendum”, and
b
for sub-paragraphs (a) to (c) there were substituted—
a
the counting officer and his clerks;
b
a referendum agent;
3
Paragraph (2) has effect for the purposes of the referendum as if—
a
for “sub-paragraphs (b), (c) and (d)” there were substituted “sub-paragraphs (b) and (d)”, and
b
for “rule 40ZA of the elections rules” there were substituted “regulation 39 of the European Union Referendum (Conduct) Regulations 2016”.
Agents of candidate who may attend proceedings on issue or receipt of postal ballot papersI8484
Regulation 73 of the 2008 Regulations (agents of candidates who may attend proceedings on issue or receipt of postal ballot papers)181 applies for the purposes of the referendum but as if—
a
for “candidate” (in each place) there were substituted “referendum agent”,
b
for “returning officer” (in each place) there were substituted “counting officer”,
c
paragraph (6) were treated as omitted, and
d
in paragraph (10), for “rule 40ZA of the elections rules” there were substituted “regulation 39 of the European Union Referendum (Conduct) Regulations 2016”.
Notification of requirement of secrecyI8585
Regulation 74 of the 2008 Regulations (notification of requirement of secrecy) applies for the purposes of the referendum but as if for “returning officer” there were substituted “counting officer”.
Notice of issue of postal ballot papersI8686
Regulation 75 of the 2008 Regulations (notice of issue of postal ballot papers)182 applies for the purposes of the referendum but as if—
a
for “returning officer” (in both places) there were substituted “counting officer”,
b
for “candidate” (in each place) there were substituted “referendum agent”, and
c
in paragraph (3), for “rule 40ZA of the elections rules” there were substituted “regulation 39 of the European Union Referendum (Conduct) Regulations 2016”.
Procedure on issue of postal ballot paperI8787
1
Regulation 76 of the 2008 Regulations (procedure on issue of postal ballot paper)183 applies for the purposes of the referendum but with the following modifications.
2
For those purposes paragraph (5) has effect as if—
a
in sub-paragraph (a) for “section 7(4A) of the 1985 Act” there were substituted “regulation 74(4) of the European Union Referendum (Conduct) Regulations 2016”, and
Refusal to issue ballot paperI8888
Regulation 77 of the 2008 Regulations (refusal to issue ballot paper) applies for the purposes of the referendum but as if for “returning officer” there were substituted “counting officer”.
EnvelopesI8989
Sealing up of completed corresponding number listsI9090
Regulation 79 of the 2008 Regulations (sealing up of completed corresponding number lists) applies for the purposes of the referendum but as if for “returning officer” (in each place) there were substituted “counting officer”.
Delivery of postal ballot papersI9191
1
Regulation 80 of the 2008 Regulations (delivery of postal ballot papers) applies for the purposes of the referendum but with the following modifications.
2
For those purposes paragraph (1) has effect as if—
a
for “returning officer” there were substituted “counting officer”, and
b
in sub-paragraph (c), for “rule 26(1) of the elections rules” there were substituted “regulation 19 of the European Union Referendum (Conduct) Regulations 2016.”
3
For the purposes of the referendum paragraph (2) has effect as if for “returning officer” there were substituted “counting officer”.
Spoilt postal ballot papersI9292
Regulation 81 of the 2008 Regulations (spoilt postal ballot papers)185 applies for the purposes of the referendum but as if for “returning officer” (in each place) there were substituted “counting officer”.
Tendered postal ballot papersI9393
1
Regulation 81A of the 2008 Regulations (tendered postal ballot papers)186 applies for the purposes of the referendum but with the following modifications.
2
Paragraph (1) has effect for those purposes as if for “rule 40ZA of the elections rules” there were substituted “regulation 39 of the European Union Referendum (Conduct) Regulations 2016”.
3
Paragraph (2) has effect for the purposes of the referendum as if—
a
for “a parliamentary election” there were substituted “the referendum”, and
b
for “section 15 of the 1985 Act” there were substituted “regulations under section 4(2) of the European Union Referendum Act 2015”.
4
Paragraph (4) has effect for the purposes of the referendum as if—
a
in sub-paragraph (a), for “section 7(4A) of the 1985 Act” there were substituted “regulation 74(4) of the European Union Referendum (Conduct) Regulations 2016”, and
5
Paragraphs (5) to (11) have effect for the purposes of the referendum as if for “Chief Electoral Officer” (in each place) there were substituted “counting officer”.
6
Paragraph (9) has effect for the purposes of the referendum as if—
a
for “rule 40ZA(9) of the elections rules” there were substituted “regulation 39(9) of the European Union Referendum (Conduct) Regulations 2016”, and
b
for “rule 40ZA(7) of the elections rules” there were substituted “regulation 39(7) of the European Union Referendum (Conduct) Regulations 2016”.
Notice of opening of postal ballot paper envelopesI9494
1
Regulation 82 of the 2008 Regulations (notice of opening of postal ballot paper envelopes) applies for the purposes of the referendum but with the following modifications.
2
Paragraph (1) has effect for those purposes as if—
a
for “returning officer” there were substituted “counting officer”, and
b
for “candidate” there were substituted “referendum agent”.
3
Paragraph (2) has effect for the purposes of the referendum as if for “candidate” there were substituted “referendum agent”.
Postal ballot boxes and receptaclesI9595
Regulation 83 of the 2008 Regulations (postal ballot boxes and receptacles) applies for the purposes of the referendum but as if—
a
for “returning officer” (in each place) there were substituted “counting officer”,
b
in paragraph (2), for the words from “constituency” to the end there were substituted “voting area”, and
c
in paragraph (4), after “box” there were inserted “(if it has a lock)”.
Receipt of covering envelopeI9696
Regulation 84 of the 2008 Regulations (receipt of covering envelope)187 applies for the purposes of the referendum but as if for “returning officer” there were substituted “counting officer”.
Opening of postal voters’ ballot boxI9797
Regulation 85 of the 2008 Regulations (opening of postal voters’ ballot box) applies for the purposes of the referendum but as if—
a
for “returning officer” (in both places) there were substituted “counting officer”, and
b
in paragraph (3), for “rule 45 of the elections rules” there were substituted “regulation 46 of the European Union Referendum (Conduct) Regulations 2016”.
Opening of covering envelopesI9898
Regulation 86 of the 2008 Regulations (opening of covering envelopes) applies for the purposes of the referendum but as if—
a
for “returning officer” (in each place) there were substituted “counting officer”, and
b
after paragraph (4) there were inserted—
5
Where an envelope opened in accordance with paragraph (1) contains a declaration of identity (whether separate or not), the counting officer must place a mark in the marked copy of the postal voters list or the proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned.
6
A mark made under paragraph (5) must be distinguishable from and must not obscure the mark made under regulation 76.
7
As soon as practicable after the last covering envelope has been opened, the counting officer must make up into a packet the copy of the postal voters list and the proxy postal voters list that has been marked in accordance with paragraph (5) and must seal the packet.
Procedure in relation to declarations of identityI9999
Regulation 87 of the 2008 Regulations (procedure in relation to declarations of identity)188 applies for the purposes of the referendum but as if—
a
for “returning officer” (in each place) there were substituted “counting officer”, and
Opening of ballot paper envelopesI100100
Regulation 88 of the 2008 Regulations (opening of ballot paper envelopes) applies for the purposes of the referendum but as if, in paragraph (1), for “returning officer” there were substituted “counting officer”.
Sealing of receptaclesI101101
Regulation 89 of the 2008 Regulations (sealing of receptacles) applies for the purposes of the referendum but as if for “returning officer” there were substituted “counting officer”.
Forwarding of documentsI102102
Regulation 91 of the 2008 Regulations (forwarding of documents)189 applies for the purposes of the referendum but as if—
a
for “returning officer” (in each place) there were substituted “counting officer”,
b
the following were treated as substituted for paragraph (1)—
1
The Chief Electoral Officer for Northern Ireland shall retain together with the documents mentioned in regulation 56 of the European Union Referendum (Conduct) Regulations 2016—
a
any packets referred to in regulation 79, 81(5), 81A(11) and 89, endorsing on each packet a description of its contents, the date of the referendum and the name of the voting area,
b
the list of spoilt ballot papers and the list of tendered ballot papers, and
c
a completed statement in Form N.
c
in paragraph (2), for the words from “and endorse” to the end there were substituted “, endorse the packet as mentioned in paragraph (1)(a) and retain the packet”,
d
e
in paragraph (4) for “(1)(b)” there were substituted “(1)(c)”.
Restriction on supply etc of full registerI103103
Regulation 94(1) of the 2008 Regulations (restrictions on supply etc of full register) has effect for the purposes of the referendum as if—
a
after sub-paragraph (b) there were inserted—
ba
the Chief Counting Officer;
bb
any deputy of the Chief Counting Officer;
b
the references in sub-paragraph (c) to “any such officer” were treated as references to “a person mentioned in sub-paragraph (a), (b), (ba) or (bb)”.
Interpretation of Part 7I104104
Regulation 115 of the 2008 Regulations (interpretation of Part 7) has effect for the purposes of the referendum as if, in paragraph (1), for “rule 57(1A) of the elections rules” there were substituted “regulation 56(1)(b) of the European Union Referendum (Conduct) Regulations 2016”.
Supply of marked registers and lists after an electionI105105
1
Regulation 116 of the 2008 Regulations (supply of marked registers and lists) applies for the purposes of the referendum but with the following modifications.
2
Paragraph (1) has effect for those purposes as if—
a
for the words from “regulation 99” to “local government election” there were substituted “regulations 99, 105, 107 or 111, with copies of the full register”, and
b
at the end there were treated as inserted—
The reference to a person entitled to be supplied in accordance with regulation 105 with copies of the full register does not include a person mentioned in regulation 105(1)(b).
3
Paragraph (2) has effect for the purposes of the referendum as if—
a
for the words from “regulation 102” to “particular election” there were substituted “regulation 105(1)(a) or (c) applies before the referendum”, and
b
for “that election” there were substituted “the referendum”.
4
Paragraph (6)(b) has effect for the purposes of the referendum as if for “regulations 99, 102, 104, 105, 106, 107 or 111” there were substituted “regulations 99, 105, 107 or 111”.
Inspection of documents open to public inspectionI106106
Regulation 117 of the 2008 Regulations (inspection of documents) applies for the purposes of the referendum but as if in paragraph (1)(b) for “an election” there were substituted “the referendum”.
Conditions on use, supply and disclosure of documents open to public inspectionI107107
Regulation 118 of the 2008 Regulations (conditions on the use, supply and disclosure of documents) applies for the purposes of the referendum but as if, in paragraph (2)—
a
the word “either” were omitted, and
b
at the end, there was inserted “or any purpose in connection with the referendum”.
Form N: statement as to postal ballot papersI108108
Form N in Schedule 3 of the 2008 Regulations (statement as to postal ballot papers)190 applies for the purposes of the referendum but as if—
a
for the heading “REPRESENTATION OF THE PEOPLE ACTS PARLIAMENTARY ELECTION” there were substituted “REFERENDUM ON THE UNITED KINGDOM’S MEMBERSHIP OF THE EUROPEAN UNION”,
b
for “constituency” there were substituted “voting area”, and
c
for “Returning Officer” (in each place) there were substituted “Counting Officer”.
PART 3OTHER REGULATIONS
Control of advertisements
I109109
The Town and Country Planning (Control of Advertisements) Regulations 1992191 apply in relation to the display on any site in Wales of an advertisement relating specifically to the referendum as they apply in relation to the display of an advertisement relating specifically to a pending parliamentary election.
I110110
The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984192 apply in relation to the display on any site in Scotland of an advertisement relating specifically to the referendum as they apply in relation to the display of an advertisement relating specifically to a pending parliamentary election.
I111111
The Planning (Control of Advertisements) Regulations (Northern Ireland) 2015193 apply in relation to the display on any site in Northern Ireland of an advertisement relating specifically to the referendum as they apply in relation to the display of an advertisement relating specifically to a pending parliamentary election.
Right of audience and right to conduct litigationI112112
Article 6 of the European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004194 applies for the purposes of the referendum but as if for “European Parliamentary elections in the combined region” (in each place) there were substituted “the referendum under section 1 of the European Union Referendum Act 2015 in the South West and Gibraltar Region within the meaning of that Act (see paragraph 5 of Schedule 3 to that Act)”.
Provision of information regarding proxiesI113113
Regulation 2 of the Representation of the People (Provision of Information Regarding Proxies) Regulations 2013195 has effect for the purposes of the referendum as if—
a
the following paragraph were treated as substituted for paragraph (1)—
1
A registration officer in Great Britain may require a registration officer in Great Britain or Northern Ireland to provide information as soon as reasonably practicable about—
a
whether the person, whom an elector wishes to be appointed as their proxy under paragraph 6(7) or (8) of Schedule 4 to the Representation of the People Act 2000, has or will have an entry in a relevant register maintained by that officer under section 9(1) of the Representation of the People Act 1983; or
b
whether the person, whom the principal wishes to be appointed as their proxy under regulation 64 of the European Union Referendum (Conduct) Regulations 2016, has or will have an entry in a relevant register maintained by that officer.
b
the following paragraphs were treated as substituted for paragraph (2)—
2
In paragraph (1)(a) “relevant register” means a register which relates to elections of the same kind as those to which the proxy appointment relates.
3
In paragraph (1)(b) “relevant register” means—
a
a register of parliamentary electors, or
b
in relation to a peer —
i
a register of local government electors in Great Britain, or
ii
a register of local electors in Northern Ireland, or
iii
a register of peers maintained under section 3 of the Representation of the People Act 1985 (peers resident outside the United Kingdom).
Persons convicted of corrupt or illegal practices: Gibraltar
I114114
Regulation 107 of the European Parliamentary Elections Regulations 2004196 applies for the purposes of the referendum but as if—
a
references to an illegal practice included an illegal practice under any provision of Gibraltar conduct law,
b
references to a corrupt practice included a corrupt practice under any such provision,
c
in paragraph (1) for “paragraph (2)” there were substituted “paragraphs (1A) and (2)”,
d
after that paragraph there were inserted—
1A
Paragraph (1) does not apply in relation to an act or omission that is an illegal practice by reason of being a contravention of Gibraltar conduct law (within the meaning of section 11(1) of the European Union Referendum Act 2015) in respect of which the Gibraltar court has made an order under any provision of Gibraltar conduct law making provision corresponding to regulation 108.
e
the reference in paragraph (2) to regulation 23 included any provision of Gibraltar conduct law making provision corresponding to that regulation, and
f
the reference in that paragraph to regulation 24 included any provision of Gibraltar conduct law making provision corresponding to that regulation.
I115115
Regulation 112 of the European Parliamentary Elections Regulations 2004 applies for the purposes of the referendum.