SCHEDULE 1APPLICATION OF PROVISIONS OF THE REPRESENTATION OF THE PEOPLE ACT 1983
PART 1INTERPRETATION AND EXTENT
Interpretation of applied provisions: general1
1
In any provision of the 1983 Act as applied by this Schedule—
“Chief Counting Officer” has the meaning given by section 11(1) of the 2015 Act;
“counting agent” is to be read in accordance with regulation 23(10);
“counting officer” has the meaning given by paragraph 3 of Schedule 3 to the 2015 Act;
“declaration of identity” is to be read in accordance with regulation 17(1)(c);
“document” means a document in whatever form;
“Gibraltar conduct law” has the meaning given by section 11(1) of the 2015 Act;
“the Gibraltar registration officer” means the European electoral registration officer for Gibraltar (see section 14 of the European Parliament (Representation) Act 200357);
“list of proxies” has the meaning given by regulation 5;
“official mark” has the meaning given by regulation 12(1);
“permitted participant” has the meaning given by section 11(1) of the 2015 Act;
“polling agent” is to be read in accordance with regulation 23(10);
“postal voting statement” is to be read in accordance with regulation 17(1)(b);
“presiding officer” is to be read in accordance with regulation 19(1) and (2);
“the referendum” has the meaning given by section 11(1) of the 2015 Act;
“referendum agent” means a person appointed under paragraph 15 of Schedule 1 to the 2015 Act;
“Regional Counting Officer” has the meaning given by section 11(1) of the 2015 Act;
“tendered ballot paper” has the meaning given by regulation 37(1);
“vote” and “voter” have the meaning given by paragraph 2;
“voting area” has the meaning given by section 11(2) of the 2015 Act.
2
Except where the context otherwise requires, in any provision of the 1983 Act as applied by this Schedule expressions defined for the purposes of that provision by any other provision of the 1983 Act have the meaning given by that other provision (see, in particular, the following provisions of the 1983 Act—
3
Nothing in this Schedule which provides for a particular reference to a provision to be read as, or as including, a reference to that provision as applied by another provision is to be taken to limit the effect of section 20(2) of the Interpretation Act 197861.
Meaning of “vote” in applied provisions2
1
In any provision of the 1983 Act as applied by this Schedule “vote” as a verb means vote in the referendum and includes (where the context allows)—
a
voting as proxy, and
b
voting by proxy,
but does not include voting in Gibraltar; and “vote” as a noun and “voter” are to be construed accordingly.
2
For the purposes of sub-paragraph (1) a person votes “in Gibraltar” if—
a
that person votes (on his or her own behalf or as proxy) in person in Gibraltar or by post under the law of Gibraltar relating to postal voting, or
b
that person votes by proxy and the proxy votes in person in Gibraltar or by post under the law of Gibraltar relating to postal voting.
Extent of section 52 of the 1983 Act3
For the purposes of the referendum, section 52(1), (1ZA), (1ZB) and (1A) of the 1983 Act62 (which extends to the whole of the United Kingdom) extends also to Gibraltar.
PART 2APPLICATION OF PROVISIONS
Alteration of registers pending the referendum: England, Wales and Scotland4
1
In relation to England, Wales and Scotland, section 13AB of the 1983 Act63 applies for the purposes of the referendum but as if—
a
in subsection (1)(b) for “the relevant election area” there were substituted “the area for which the registration officer acts”,
b
in subsection (4) for “an election to which this section applies” there were substituted “the referendum”,
c
in subsection (5) for “the last day on which nomination papers may be delivered to the returning officer for the purposes of the election” there were substituted “the nineteenth working day before the date of the poll for the referendum”,
d
subsection (8) were omitted,
e
the reference in subsection (9) to subsection (5) of section 13B were to that subsection as applied by sub-paragraph (2) below, and
f
after subsection (9) there were inserted—
10
In this section “working day” means a day that is not—
a
a Saturday or Sunday,
b
Christmas Eve, Christmas Day, Good Friday or any other day that is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom,
c
a bank holiday or public holiday in Gibraltar under the Gibraltar Acts titled the Banking and Financial Dealings Act and the Interpretation and General Clauses Act, or
d
a day appointed in any part of the United Kingdom or Gibraltar as a day of public thanksgiving or mourning.
2
In relation to England, Wales and Scotland, section 13B of the 1983 Act64 applies for the purposes of the referendum but as if—
a
in subsection (1), for each of “an election to which this section applies” and “the election” there were substituted “the referendum”,
b
in each of subsections (2), (3A) and (3C)—
i
for “an election to which this section applies” there were substituted “the referendum”, and
ii
for “the relevant election area” there were substituted “the area for which the registration officer acts”,
c
subsection (4) were omitted, and
d
in subsection (5)—
i
in the definition of “the appropriate publication date”, for “an election to which this section applies” there were substituted “the referendum”, and
ii
the definitions of “the final nomination day” and “the relevant election area” were omitted.
3
A reference in any enactment to section 13AB or 13B of the 1983 Act includes (where the context allows) a reference to that section as applied by this paragraph.
4
Sub-paragraph (3) has effect, in relation to any register, until the first publication after the referendum of a revised version of the register under section 13 of the 1983 Act.
Alteration of registers pending the referendum: Northern Ireland5
1
In relation to Northern Ireland, section 13BA of the 1983 Act65 applies for the purposes of the referendum but as if—
a
in subsection (1)—
i
for the words from “the final nomination day” to “this section applies” there were substituted “the eleventh day before the date of the poll for the referendum”, and
ii
for “that election” there were substituted “the referendum”,
b
in subsection (2)—
i
for “an election to which this section applies” there were substituted “the referendum”, and
ii
for “the final nomination day” there were substituted “the eleventh day before the date of the poll for the referendum”,
c
in subsection (3A) for “the final nomination day” there were substituted “the eleventh day before the date of the poll for the referendum”,
d
in subsection (5), for “an election to which this section applies” there were substituted “the referendum”,
e
in each of subsections (7) and (8)—
i
for “an election to which this section applies” there were substituted “the referendum”, and
ii
for “the relevant election area” there were substituted “the area for which the registration officer acts”,
f
subsection (12) were omitted, and
g
the reference in subsection (13) to subsection (5) of section 13B were to that subsection as applied by paragraph 4(2) of this Schedule.
2
A reference in any enactment to section 13BA of the 1983 Act includes (where the context allows) a reference to that section as applied by this paragraph.
3
Sub-paragraph (2) has effect, in relation to any register, until the first publication after the referendum of a revised version of the register under section 13 of the 1983 Act.
Loan of equipment6
Section 47 of the 1983 Act66 applies for the purposes of the referendum but as if—
a
in subsection (1) the reference to the returning officer at a local government election included a counting officer for the referendum for a voting area anywhere in the United Kingdom, and
b
in subsection (2) the reference to the returning officer at an election mentioned there included a counting officer for the referendum for a voting area in England, Wales or Scotland.
Effect of registers7
1
Section 49 of the 1983 Act67 applies for the purposes of the referendum but with the following modifications.
2
Subsection (4) has effect for those purposes as if—
a
for “any purpose of this Part relating to him as elector” there were substituted “any purpose of this Part, the European Union Referendum Act 2015 or the European Union Referendum (Conduct) Regulations 2016”, and
b
for “as an elector except” to the end there were substituted “as a person entitled to vote by virtue of that entry unless the day fixed for the poll for the referendum is that or a later date”.
3
Subsection (5) has effect for the purposes of the referendum as if the following were omitted—
a
the words “prevent the rejection of the vote on a scrutiny, or”, and
b
paragraph (b)(iv).
4
For the avoidance of doubt, in section 49 of the 1983 Act as applied by this paragraph—
a
“voting age” has the same meaning as in section 49 as it has effect apart from this Schedule, but
b
“vote” as a verb is to be read in accordance with paragraph 2 of this Schedule.
Effect of misdescription8
Section 50 of the 1983 Act applies for the purposes of the referendum but as if—
a
the words “nomination paper,” were omitted, and
b
for the words “and the parliamentary election rules” there were substituted “or by the European Union Referendum Act 2015 or the European Union Referendum (Conduct) Regulations 2016”.
Discharge of registration duties9
1
Section 52 of the 198368 Act applies for the purposes of the referendum but with the following modifications.
2
For those purposes, the following subsections are to be treated as substituted for subsection (1)—
1
A registration officer shall comply with any general or special directions which may be given by the Secretary of State for the purposes of the referendum with respect to the arrangements to be made by that officer for carrying out—
a
any of that officer’s functions under Schedule 3 to the European Union Referendum Act 2015,
b
any of that officer’s functions under the European Union Referendum (Conduct) Regulations 2016, or
c
any of that officer’s functions under this Act.
1ZA
In subsection (1) the reference to a registration officer includes the Gibraltar registration officer, and in relation to that officer—
a
the reference in subsection (1)(b) to “the European Union Referendum (Conduct) Regulations 2016” is to be read as a reference to any regulations under section 4 of the European Union Referendum Act 2015 that extend to Gibraltar and Gibraltar conduct law, and
b
the reference in subsection (1)(c) to “this Act” is to be read as a reference to the Gibraltar Act titled the European Parliamentary Elections Act 2004.
1ZB
The Secretary of State may give a direction under subsection (1) only if it is in accordance with a recommendation made by the Electoral Commission.
3
Subsection (1A) has effect for the purposes of the referendum as if after “registration officer” there were inserted “or the Gibraltar registration officer”.
4
Subsections (2) and (4) each have effect for the purposes of the referendum as if after “this Act” there were inserted “, the European Union Referendum Act 2015 and the European Union Referendum (Conduct) Regulations 2016”.
Payment of expenses of registration10
Section 54 of the 1983 Act69 applies for the purposes of the referendum but as if in subsection (1) after “2013” there were inserted “or the European Union Referendum Act 2015 or the European Union Referendum (Conduct) Regulations 2016”.
Registration appeals: England and Wales and Scotland11
1
In subsection (3) of section 56 of the 1983 Act70, the references to “an election” and “the election” include the referendum.
2
For the purposes of the referendum the following subsection is to be treated as substituted for subsection (4A) of section 56 of the 1983 Act—
4A
Where, as a result of the decision on an appeal, an alteration in the register made in pursuance of subsection (4) takes effect under section 13(5), 13A(2), 13AB(3), 13B(3) or (3B) or 13BC(3) or (6) on or before the date of the poll for the referendum, subsection (3) does not apply to that appeal as respects the referendum.
3
References in this paragraph to section 56 of the 1983 Act include that section as applied by section 57 of that Act (registration appeals: Scotland).
Registration appeals: Northern Ireland12
1
In subsection (3) of section 58 of the 1983 Act71, the references to “an election” and “the election” include the referendum.
2
For the purposes of the referendum, the following subsection is to be treated as substituted for subsection (5) of section 58 of the 1983 Act—
5
Where, as a result of the decision on an appeal, an alteration in the register made in pursuance of subsection (4) takes effect under section 13(5), 13A(2), 13BA(6) or (9) or 13BC(3) or (6) on or before the date of the poll for the referendum, subsection (3) does not apply to that appeal as respects the referendum.
Offence of personation13
Section 60 of the 1983 Act applies for the purposes of the referendum but as if in subsection (2)—
a
for “at a parliamentary or local government election” there were substituted “in the referendum”, and
b
for “whether as an elector or as proxy” there were substituted “whether or not as proxy”.
Other voting offences14
1
Section 61 of the 1983 Act72 applies for the purposes of the referendum but with the modifications in sub-paragraphs (2) to (4) below.
2
For the purposes of the referendum, the following subsections are to be treated as substituted for subsections (1) to (4)—
1
A person shall be guilty of an offence if—
a
he votes in person or by post, whether on his own behalf or as proxy, or applies to vote by proxy or by post on his own behalf, knowing that he is subject to a legal incapacity to vote; or
b
he applies for the appointment of a proxy to vote for him knowing that he is or the person to be appointed is subject to a legal incapacity to vote; or
c
he votes, whether in person or by post, as proxy for some other person knowing that that person is subject to a legal incapacity to vote.
For the purposes of this subsection references to a person being subject to a legal incapacity to vote do not, in relation to things done before polling day, include his being below voting age if he will be of voting age on that day.
2
A person shall be guilty of an offence if—
a
he votes on his own behalf otherwise than by proxy more than once; or
b
he votes on his own behalf in person when he 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 either has already voted in person or is entitled to vote by post; or
d
he applies under Part 3 of the European Union Referendum (Conduct) Regulations 2016 for a person to be appointed as his proxy to vote for him without applying for the cancellation of a previous appointment of a third person then in force under that Part 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 more than once; or
b
he votes in person as proxy for another person and he is entitled to vote by post as proxy for that person; or
c
he votes in person as proxy for another person and he knows that other person has already voted in person.
4
A person shall also be guilty of an offence if he votes as proxy for more than two persons of whom he is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.
3
Subsection (6A) has effect for the purposes of the referendum as if for the words from “in pursuance of” to the end there were substituted “in reliance on Case 3, 4, 5 or 6 in regulation 37 of the European Union Referendum (Conduct) Regulations 2016”.
4
For the purposes of the referendum the following are to be treated as omitted—
a
subsection (6B);
b
subsection (7)(b).
5
Paragraph 2(1) of this Schedule (meaning of “vote”) does not apply for the purposes of—
a
subsection (2)(a) and (c), or
b
subsection (3)(a) and (c),
of section 61 of the 1983 Act as applied by this paragraph, and in those provisions “vote” is to be read in accordance with sub-paragraphs (6) and (7).
6
In subsections (2)(a) and (3)(a) “vote” means vote in the referendum (and does not exclude voting in Gibraltar).
7
In subsections (2)(c) and (3)(c)—
a
references to voting in person are to voting in the referendum in person either in the United Kingdom or Gibraltar, and
b
references to voting by post are to voting in the referendum by post, either under the law of the United Kingdom relating to postal voting or under the law of Gibraltar relating to postal voting.
8
But—
a
a person does not commit an offence under subsection (2)(a) or (3)(a) of section 61 of the 1983 Act as applied by this paragraph unless at least one of the votes mentioned in subsection (2)(a) or (3)(a) (as the case may be) is a vote in the United Kingdom;
b
a person does not commit an offence under subsection (2)(c) of section 61 of the 1983 Act as so applied unless either or both of the following apply—
i
the person’s vote on his own behalf is a vote in person in the United Kingdom;
ii
the proxy’s vote (or entitlement to a postal vote) is a vote in (or an entitlement to a postal vote in) the United Kingdom;
c
a person does not commit an offence under subsection (3)(c) of section 61 of the 1983 Act as so applied unless at least one of the votes mentioned in subsection (3)(c) is a vote in person in the United Kingdom.
9
In sub-paragraph (6) the reference to voting “in Gibraltar” is to voting—
a
in person in Gibraltar, or
b
by post under the law of Gibraltar relating to postal voting,
and in sub-paragraph (8) references to a vote “in the United Kingdom” are to be read accordingly.
Offences relating to applications for absent voting15
Section 62A(1) to (5) of the 1983 Act73 applies for the purposes of the referendum but as if—
a
in subsection (1)(a) the words “at a parliamentary or local government election” were omitted, and
b
in subsection (2)(c) for “returning officer” there were substituted “counting officer”.
Breach of official duty16
Section 63 of the 1983 Act74 applies for the purposes of the referendum but as if for subsections (3) and (4) there were substituted—
3
The persons to whom this section applies are—
a
the Chief Counting Officer,
b
any Regional Counting Officer,
c
any counting officer,
d
any registration officer,
e
the Gibraltar registration officer,
f
any presiding officer, or any equivalent officer in Gibraltar,
g
any official designated by a universal postal service provider (within the meaning given by section 202), and
h
any deputy of a person mentioned in any of paragraphs (a) to (g) above or any person appointed to assist, or in the course of his employment assisting, a person so mentioned in connection with his official duties;
and “official duty” shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by this Act, the European Union Referendum Act 2015 or regulations under section 4 of that Act, Gibraltar conduct law, the Gibraltar Act titled the European Parliamentary Elections Act 2004 or the law of the United Kingdom or of Gibraltar relating to referendums.
4
Where—
a
a Regional Counting Officer or counting officer is guilty of an act or omission in breach of his official duty, but
b
he remedies that act or omission in full by taking steps under paragraph 9 of Schedule 3 to the European Union Referendum Act 2015,
he shall not be guilty of an offence under subsection (1) above.
Tampering with papers17
1
Section 65 of the 1983 Act75 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”.
Requirement of secrecy18
1
Section 66(1) to (6) of the 1983 Act76 applies for the purposes of the referendum but with the following modifications.
2
Subsection (1) has effect for those purposes as if—
a
for paragraphs (a) to (c) there were substituted—
a
the Chief Counting Officer, and every Regional Counting Officer and counting officer, attending at a polling station in the United Kingdom,
b
every deputy of such an officer so attending,
c
every presiding officer and clerk so attending,
d
every referendum agent, polling agent and counting agent so attending, and
e
every person so attending by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000,
b
in paragraph (i) for “elector or proxy for an elector” there were substituted “person”, and
c
in paragraph (ii) for “elector” there were substituted “person”.
3
The references in subsections (1) and (4) to the closure of the poll are to be read, in relation to the referendum, as references to the closure of the poll in the United Kingdom or Gibraltar, whichever is the later.
4
Subsections (2)(b), (3)(b) and (c), (4)(d) and (5) have effect for the purposes of the referendum as if for “the candidate for whom” there were substituted “the referendum answer for which”.
5
Subsection (3)(d) has effect for those purposes as if for “the name of the candidate for whom” there were substituted “the referendum answer for which”.
6
Subsection (5) has effect for those purposes as if—
a
for “blind voter” there were substituted “voter with disabilities”, and
b
at the end there were inserted—
“Voter with disabilities” has the meaning given by regulation 36(11) of the the European Union Referendum (Conduct) Regulations 2016.
Prohibition on publication of exit polls19
1
Section 66A of the 1983 Act77 applies for the purposes of the referendum but with the following modifications.
2
Subsection (1) has effect for those purposes as if “the referendum” were substituted for each of the following—
a
“an election to which this section applies”, and
b
“the election” (in both places).
3
For the purposes of the referendum subsection (2) is to be treated as omitted.
4
Subsection (4) has effect for the purposes of the referendum as if for the words after “whatever means” there were substituted—
and the reference to a forecast as to the result of the referendum includes a forecast as to the number or proportion of votes expected to be cast for each answer to the referendum question in any region, voting area or other area.
5
In section 66A of the 1983 Act as applied by this paragraph—
a
the reference in subsection (1) to the closure of the poll is to be read as a reference to the closure of the poll in the United Kingdom or Gibraltar, whichever is the later, and
b
the references in subsection (1)(a) to “voters” include any voters in the referendum, whether voting in the United Kingdom or Gibraltar, and “vote” is to be read accordingly,
and, accordingly, paragraph 2(1) of this Schedule (meaning of “vote”) does not apply in relation to that section.
6
In subsection (4) of that section as so applied, the references to the public are to the public in the United Kingdom.
Failure to comply with conditions relating to supply etc of documents20
Section 66B of the 1983 Act78 applies for the purposes of the referendum, but as if in subsection (1)(a) for “imposed in pursuance of regulations under rule 57 of the parliamentary election rules” there were substituted “to which the right to inspect or be supplied with a document or part of document under regulation 58 of the European Union Referendum (Conduct) Regulations 2016 is subject under paragraph (5)(a) of that regulation”.
Broadcasting from outside UK21
Section 92 of the 1983 Act79 applies for the purposes of the referendum but as if in subsection (1)—
a
for “at a parliamentary or local government election” there were substituted “in the referendum”, and
b
for “the election” there were substituted “the referendum”.
Imitation poll cards22
1
Section 94(1) of the 1983 Act80 applies for the purposes of the referendum but as if for “the election of any candidate at a parliamentary election or a local government election to which this section applies” there were substituted “a particular result in the referendum”.
2
The references in section 94(1) to poll cards do not include poll cards for the purposes of the referendum so far as held in Gibraltar.
Disturbances at meetings23
Section 97 of the 1983 Act81 applies for the purposes of the referendum but as if for subsection (2) there were substituted—
2
This section applies to a meeting in connection with the referendum which—
a
is held by a permitted participant during the referendum period (within the meaning given by paragraph 1 of Schedule 1 to the European Union Referendum Act 2015), and
b
is held in the United Kingdom.
Premises used for referendum meetings in Scotland or Northern Ireland24
Section 98 of the 1983 Act82 applies for the purposes of the referendum but as if the reference to public meetings in furtherance of any person’s candidature at a parliamentary or local government election included public meetings to promote or procure a particular result in the referendum.
Officials not to act for candidates25
Section 99 of the 1983 Act83 applies for the purposes of the referendum but as if for subsection (1) there were substituted—
1
If—
a
the Chief Counting Officer,
b
any Regional Counting Officer,
c
any counting officer for a voting area in the United Kingdom,
d
any officer, deputy or clerk appointed by a person mentioned in paragraph (a), (b) or (c), or
e
any officer whose services have been placed at the disposal of a counting officer or Regional Counting Officer under paragraph 6(1) of Schedule 3 to the European Union Referendum Act 2015,
acts as a referendum agent for a permitted participant, he shall be guilty of an offence.
Illegal canvassing by police officers26
Section 100 of the 1983 Act84 applies for the purposes of the referendum but as if in subsection (1)—
a
for “as an elector” there were substituted “on that person’s own behalf”, and
b
the words after “proxy” were omitted.
Payments for exhibition of election notices27
Section 109 of the 1983 Act applies for the purposes of the referendum but as if—
a
in subsection (1) for “the election of a candidate at an election” there were substituted “a particular result in the referendum”,
b
in subsection (2) for “an election” there were substituted “the referendum”, and
c
after subsection (2) there were inserted—
3
In this section “elector” means a person entitled to vote on his own behalf.
Prohibition of paid canvassers28
1
Section 111 of the 1983 Act applies for the purposes of the referendum but as if—
a
for “an election” there were substituted “the referendum”, and
b
for “a candidate’s election” there were substituted “a particular result in the referendum”.
2
But nothing in that section applies in relation to canvassing in Gibraltar in connection with the referendum.
Providing money etc for illegal purposes29
Section 112 of the 1983 Act applies for the purposes of the referendum but as if—
a
the reference in paragraph (a) to the provisions of the 1983 Act were to any provision of the 1983 Act as applied by this Schedule, and
b
the following were omitted—
i
paragraph (b),
ii
in paragraph (c) the words “or expenses”, and
iii
the words “or the incurring of the expenses”.
Bribery30
1
Section 113 of the 1983 Act85 applies for the purposes of the referendum but with the following modifications.
2
Subsection (2) has effect for those purposes as if—
a
for “the return of any person at an election” (in the first two places) there were substituted “a particular result in the referendum”, and
b
paragraph (iii) were omitted.
3
Subsection (3) has effect for those purposes as if for “at any election” (in both places) there were substituted “in the referendum”.
4
Each of subsections (4), (5) and (6) has effect for those purposes as if for “an election” there were substituted “the referendum”.
Treating31
Section 114 of the 1983 Act applies for the purposes of the referendum but as if—
a
in subsection (2) for “an election” there were substituted “the referendum”, and
b
in subsection (3) for “Every elector or his proxy” there were substituted “Every person entitled to vote on his own behalf, and every proxy of such a person,”.
Undue influence32
Section 115 of the 1983 Act86 applies for the purposes of the referendum but as if after subsection (2) there were inserted—
3
In this section “elector” means a person entitled to vote on his own behalf.
Rights of creditors where applied provision prohibits payments33
In section 116 of the 1983 Act the reference to the provisions of Part 2 of that Act prohibiting payments and contracts for payments includes any such provision as applied by this Schedule.
Saving for employees to be absent for voting34
Section 117(2) of the 1983 Act applies for the purposes of the referendum but as if—
a
for “parliamentary electors or their proxies” there were substituted “persons entitled to vote (on their own behalf or as proxies)”,
b
the words “at a parliamentary election” were omitted, and
c
in paragraphs (b) and (c), for “any particular candidate at the election” there were substituted “a particular answer in the referendum”.
Computation of time35
1
Section 119 of the 1983 Act87, in its application for the purposes of any provision of the 1983 Act as applied by this Schedule, has effect as if for subsection (3) there were substituted—
3
In this section, in relation to a voting area—
a
“bank holiday” means any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom in which the voting area is situated, and
b
“a day appointed for public thanksgiving or mourning” means a day appointed in the part of the United Kingdom in which the voting area is situated as a day of public thanksgiving or mourning.
2
The reference in sub-paragraph (1) to section 119 of the 1983 Act includes that section as applied by any other provision of that Act.
Application for relief36
1
Section 167(1) to (2)88 applies for the purposes of the referendum but with the following modifications.
2
For the purposes of the referendum the following subsection is to be treated as substituted for subsection (1)—
1
An application for relief under this section may be made to the High Court.
3
Subsection (2)(c) has effect for those purposes as if the words from “in the constituency” to “was held,” were omitted.
Powers of court on conviction of corrupt practice37
In section 168 of the 1983 Act89—
a
the reference in subsection (1) to a person who is guilty of a corrupt practice includes a person who is guilty of a corrupt practice under a provision of the 1983 Act as applied by this Schedule,
b
the reference in subsection (1)(a) to section 60 or 62A includes either of those sections as so applied, and
c
the reference in subsection (7) to the offence of bribery or treating includes an offence under section 113 or 114 of the 1983 Act as applied by this Schedule.
Prosecution and conviction of illegal practice and illegal payments38
a
references to an illegal practice include an illegal practice under a provision of the 1983 Act as applied by this Schedule,
b
references to a corrupt practice include a corrupt practice under such a provision, and
c
references to an offence of illegal payment or employment include an offence of illegal payment or employment under such a provision;
and in section 173(2) any reference to a corrupt practice or illegal practice under a section mentioned there includes a reference to a corrupt practice or illegal practice under that section as applied by this Schedule.
Time limit for prosecutions39
1
In section 176 of the 1983 Act94, the reference in subsection (1) to any offence under any provision contained in the 1983 Act includes any offence under any such provision as applied by this Schedule.
2
Subsections (2) to (2G) of section 176 of the 1983 Act have effect in relation to such an offence (“a referendum offence”) with the following modifications.
3
Subsection (2C) has effect in relation to a referendum offence as if for “rule 57 of the parliamentary elections rules” there were substituted “regulation 58 of the European Union Referendum (Conduct) Regulations 2016”.
4
Subsection (2D) has effect in relation to a referendum offence as if for paragraph (a) there were substituted—
a
directing the registration officer not to cause the documents to be destroyed at the expiry of the period of one year mentioned in regulation 58 of the European Union Referendum (Conduct) Regulations 2016,
Prosecution of offences committed outside the United Kingdom40
In section 178 of the 1983 Act95 the reference to an offence under that Act includes an offence under any provision of that Act as applied by this Schedule.
Offences by associations41
In section 179 of the 1983 Act96—
a
the reference to any corrupt or illegal practice includes any corrupt or illegal practice under any provision of the 1983 Act as applied by this Schedule, and
b
the reference to any illegal payment, employment or hiring includes any illegal payment or employment under any such provision.
Director of Public Prosecutions42
In section 181(1) of the 1983 Act97 the reference to any offence under that Act includes any offence under any provision of that Act as applied by this Schedule.
Service of notices43
Section 184 of the 1983 Act98 applies for the purposes of the referendum but as if in subsection (1)—
a
for “an election” there were substituted “the referendum”,
b
for the words from “the High Court” to “any election court” there were substituted “the High Court or the county court”, and
c
in paragraph (a), the words from “in the constituency” to “held” were omitted.
Computation of time for purposes of Part 344
In section 186 of the 1983 Act the reference to Part 3 of that Act includes any provision of that Part as applied by this Schedule.
Translations etc of certain documents45
1
Section 199B(1) to (9) of the 1983 Act99 applies for the purposes of the referendum but with the following modifications.
2
For those purposes, the following subsection is to be treated as substituted for subsection (1)—
1
Subsections (2) and (3) below apply to any document which under or by virtue of this Act, the European Union Referendum Act 2015 or the European Union Referendum (Conduct) Regulations 2016 is required or authorised—
a
to be given to voters, or
b
to be displayed in any place in the United Kingdom, for the purposes of the referendum.
3
Subsection (4) has effect for the purposes of the referendum as if paragraph (a) were omitted.
4
For the purposes of the referendum the following subsections are to be treated as substituted for subsections (5) to (7)—
5
The counting officer for a voting area in the United Kingdom may cause to be displayed at every polling station in that area an enlarged sample copy of the ballot paper.
6
The sample copy mentioned in subsection (5) above—
a
must have printed on it the words “Put a cross (X) in one box only” both at the top and immediately below the referendum question, and
b
below the second occurrence of those words, may include a translation of those words into such other languages as the counting officer thinks appropriate.
7
The counting officer for a voting area in the United Kingdom must provide at every polling station in that area an enlarged hand-held sample copy of the ballot paper for the assistance of voters who are partially sighted.
5
Subsection (9) has effect for the purposes of the referendum as if for “returning officer” there were substituted “counting officer”.
General interpretation46
In its application for the purposes of any provision of the 1983 Act as applied by this Schedule, section 202 of the 1983 Act100 has effect as if in subsection (1)—
a
for the definition of “list of proxies” there were substituted—
“list of proxies” is to be read in accordance with paragraph 1(1) of Schedule 1 to the European Union Referendum (Conduct) Regulations 2016;
b
for the definition of “voter” and “vote” there were substituted—
“vote” and “voter” are to be read in accordance with paragraph 2(1) of Schedule 1 to the European Union Referendum (Conduct) Regulations 2016 (subject to any provision to the contrary in that Schedule).
General application to Scotland47
Section 204(3), (5) and (8) of the 1983 Act applies for the purposes of any provision of the 1983 Act as applied by this Schedule, so far as that provision applies to Scotland.
General application to Northern Ireland48
Section 205 of the 1983 Act101 applies for the purposes of any provision of the 1983 Act as applied by this Schedule, so far as that provision applies to Northern Ireland.
Premises used for poll: Scotland and Northern Ireland49
Rule 22(3) in Schedule 1 to the 1983 Act102 applies for the purposes of the referendum but as if the reference to use for the purpose of taking the poll in an election included use by a counting officer for the purpose of taking the poll in the referendum.
SCHEDULE 2APPLICATION OF PROVISIONS OF OTHER ACTS
PART 1POLITICAL PARTIES, ELECTIONS AND REFERENDUMS ACT 2000
Attendance of representatives of Electoral Commission at referendum proceedings1
Section 6A of the 2000 Act103 has effect for the purposes of the referendum as if for subsection (4) there were substituted—
4
In this section, “the relevant counting officer” means, in relation to proceedings at the referendum under section 1 of the European Union Referendum Act 2015, the counting officer for the voting area to which the proceedings relate (determined in accordance with paragraph 3 of Schedule 3 to that Act).
Observation of working practices by representatives of the Electoral Commission2
Section 6B of the 2000 Act104 has effect for the purposes of the referendum as if—
a
for subsection (1)(c) there were substituted—
c
a counting officer for the referendum under section 1 of the European Union Referendum Act 2015
b
subsection (2)(a) were omitted.
Accredited observers of referendum proceedings
3
Section 6C of the 2000 Act105 has effect for the purposes of the referendum as if the following subsection were inserted after subsection (1)—
1A
In subsection (1)(c) the reference to “proceedings at the counting of votes” includes proceedings of—
a
a Regional Counting Officer in connection with the officer’s duty to certify the matters specified in paragraph 7(4) of Schedule 3 to the European Union Referendum Act 2015, and
b
the Chief Counting Officer in connection with the officer’s duty to certify the matters specified in section 128(6).
4
Section 6D of the 2000 Act106 has effect for the purposes of the referendum as if the following subsection were inserted after subsection (1)—
1A
In subsection (1)(c) the reference to “proceedings at the counting of votes” includes proceedings of—
a
a Regional Counting Officer in connection with the officer’s duty to certify the matters specified in paragraph 7(4) of Schedule 3 to the European Union Referendum Act 2015, and
b
the Chief Counting Officer in connection with the officer’s duty to certify the matters specified in section 128(6).
Provision to the Electoral Commission of information about expenditure5
Section 9C of the 2000 Act107 has effect for the purposes of the referendum as if for subsection (2)(c) there were substituted—
c
in the case of a counting officer for the referendum under section 1 of the European Union Referendum Act 2015, expenditure in connection with that referendum.
Right to use rooms for holding public meetings6
Paragraph 2(3) of Schedule 12 to the 2000 Act has effect for the purposes of the referendum as if after “public funds” there were inserted “, Gibraltar public funds”.
PART 2APPLICATION OF OTHER ENACTMENTS
Premises used for referendum purposes in England and Wales7
Section 65(6) of the Local Government Finance Act 1988108 (which makes provision for England and Wales corresponding to section 98 of and rule 22(3) in Schedule 1 to the 1983 Act) applies for the purposes of the referendum but as if—
a
the reference in paragraph (a) to public meetings in furtherance of a person’s candidature at a parliamentary or local government election included public meetings to promote or procure a particular result in the referendum, and
b
the reference in paragraph (b) to use by a returning officer for the purpose of taking the poll in a parliamentary or local government election included use by a counting officer for the purpose of taking the poll in the referendum.
Restriction on powers of arrest at polling station by persons other than constables8
Section 71 of the Electoral Administration Act 2006109 applies for the purposes of the referendum but as if the reference to an offence under section 60 of the 1983 Act were a reference to an offence under that section as applied by Schedule 1.
SCHEDULE 3APPLICATION OF EXISTING PROVISIONS OF REGULATIONS
PART 1THE 2001 REGULATIONS (ENGLAND AND WALES) AND THE 2001 REGULATIONS (SCOTLAND)
Preliminary
1
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.
2
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.
Forms3
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 time4
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 entries5
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 vote6
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 vote7
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 application8
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 records9
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 proxy10
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 vote11
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 applications12
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 applications13
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 appointment14
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 years15
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 lists16
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 lists17
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 record18
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 statement19
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 520
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 papers21
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 papers22
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 papers23
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 secrecy24
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 issued25
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 papers26
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 paper27
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”.
Envelopes28
Sealing up of completed corresponding number lists29
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 papers30
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 papers31
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 papers32
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 papers33
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 Wales34
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: Scotland35
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 envelopes36
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 receptacles37
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 envelope38
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 box39
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 envelopes40
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 statements41
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 verification42
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 envelopes43
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 papers44
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 papers45
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 papers46
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 receptacles47
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 Wales48
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: Scotland49
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: Scotland50
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 Wales51
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 Wales52
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: Scotland53
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: Scotland54
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 Wales55
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 Wales56
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: Scotland57
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 Wales58
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: Scotland59
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 Wales60
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: Scotland61
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
62
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”.
63
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 inspection64
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 papers65
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
66
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.
67
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).
Forms68
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 day69
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 470
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 vote71
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 application72
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 records73
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 proxy74
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 election75
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 election76
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 applications77
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 applications78
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 appointment79
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 lists80
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 581
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 issued82
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 papers83
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 papers84
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 secrecy85
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 papers86
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 paper87
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 paper88
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”.
Envelopes89
Sealing up of completed corresponding number lists90
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 papers91
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 papers92
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 papers93
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 envelopes94
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 receptacles95
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 envelope96
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 box97
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 envelopes98
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 identity99
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 envelopes100
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 receptacles101
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 documents102
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 register103
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 7104
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 election105
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 inspection106
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 inspection107
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 papers108
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
109
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.
110
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.
111
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 litigation112
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 proxies113
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
114
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.
115
Regulation 112 of the European Parliamentary Elections Regulations 2004 applies for the purposes of the referendum.
