The European Union Referendum (Welsh Forms) Order 2016

Statutory Instruments

2016 No. 220

Referendums, Wales

Representation Of The People, Wales

The European Union Referendum (Welsh Forms) Order 2016

Made

25th February 2016

Laid before Parliament

26th February 2016

Coming into force in accordance with article 1

The Chancellor of the Duchy of Lancaster(1) makes the following Order in exercise of the powers conferred by sections 26(2) (as applied by section 9(6) of the European Union Referendum Act 2015(2)) and 27(4) of the Welsh Language Act 1993(3):

Citation and commencement

1.  This Order may be cited as the European Union Referendum (Welsh Forms) Order 2016 and comes into force on the day after the day on which it is laid before Parliament.

Interpretation

2.  In this Order—

“the Conduct Regulations” means the European Union Referendum (Conduct) Regulations 2016(4) and, except in article 4(3), a reference to a numbered regulation is a reference to the regulation of that number in those Regulations;

“the referendum” means the referendum under section 1 of the European Union Referendum Act 2015.

Welsh versions of prescribed forms or forms of words

3.  A form or form of words in Schedule 1 specified in Column 1 of the following table may be used in Wales at the referendum in place of the corresponding form or form of words in the Conduct Regulations specified in Column 2.

Column 1	Column 2
Welsh form or form of words in Schedule 1	Corresponding form or form or words in the Conduct Regulations
Form 1	Form prescribed by regulation 26(4)(b) (Form 16 – Form of certificate of employment)
Form of words 2	Form of words prescribed by regulation 29(1) (Questions to be put to voters)
Form 3	Form prescribed by regulation 36(5)(a) (Form 18 – Form of declaration made by the companion of a voter or proxy with disabilities)

Welsh and English versions of prescribed forms or forms of words

4.—(1) The following form of words must be used in Wales at the referendum in place of the form of words prescribed by regulation 22(8) (notice to be exhibited in every compartment of every polling station)—

“Put a cross [X] in one box only. Put no other mark on the ballot paper, or your vote may not be counted.

Rhowch groes [X] mewn un blwch yn unig. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu efallai na fydd eich pleidlais yn cael ei chyfrif.”.

(2) The following form of words must be used in Wales at the referendum in place of the form of words prescribed by section 199B(6)(a) of the Representation of the People Act 1983 (words to be printed on sample ballot paper)(5)—

“Put a cross [X] in one box only.

Rhowch groes [X] mewn un blwch yn unig.”.

(3) Form 10 in Schedule 2 must be used in Wales at the referendum in place of the form prescribed by regulation 91(1)(b) of the Representation of the People (England and Wales) Regulations 2001 (“Form K”)(6).

(4) A form in Schedule 2 specified in Column 1 of the following table must be used in Wales at the referendum in place of the corresponding form in the Conduct Regulations specified in Column 2.

Column 1	Column 2
Welsh and English form in Schedule 2	Corresponding form in the Conduct Regulations
Form 1	Form prescribed by regulation 10(1) (Form 1 – Form of ballot paper)
Form 2	Form prescribed by regulation 11(2) (Form 2 – Form of corresponding number list)
Form 3	Form prescribed by regulation 17(1)(b) (Form 3 – Form of postal voting statement)
Form 4	Form prescribed by regulation 20(5)(a) (Form 5 – Form of official poll card)
Form 5	Form prescribed by regulation 20(5)(b) (Form 6 – Form of official postal poll card)
Form 6	Form prescribed by regulation 20(5)(c) (Form 7 – Form of official proxy poll card)
Form 7	Form prescribed by regulation 20(5)(d) (Form 8 – Form of official proxy postal poll card)
Form 8	Form prescribed by regulation 22(3) (Form 13 – Form of corresponding number list for use in polling stations)
Form 9	Form prescribed by regulation 22(7) (Form 14 – Form of directions for the guidance of voters in voting)
Form 11	Form prescribed by regulation 64(5) (Form 20 – Form of proxy paper)

John Penrose

Minister for Constitutional Reform

Cabinet Office

25th February 2016

Article 3

SCHEDULE 1 WELSH VERSIONS OF PRESCRIBED FORMS OR FORMS OF WORDS

Article 4(3) and (4)

SCHEDULE 2 WELSH AND ENGLISH VERSIONS OF PRESCRIBED FORMS

EXPLANATORY NOTE

(This note is not part of the Order)

Under section 1 of the European Union Referendum Act 2015 (c. 36) there is to be a referendum on the United Kingdom’s membership of the European Union. The forms and forms of words prescribed by article 3 of, and Schedule 1 to, this Order are Welsh versions of forms or forms of words which may be used in Wales at the referendum in place of English versions. The forms prescribed by article 4 of, and Schedule 2 to, this Order are versions partly in Welsh and partly in English which must be used in Wales at the referendum.

The English versions of the forms and forms of words are contained in the European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219).

An impact assessment has not been prepared for this instrument as no impact on the voluntary or private sectors is foreseen.

(1)

“The appropriate Minister” for the purposes of section 26(2) of the Welsh Language Act 1993 includes a Minister other than the Secretary of State who is responsible for the execution of provisions in Wales (section 27(4)(a)). Under section 4(1) of the European Union Referendum Act 2015 (c. 36), “the Minister” is responsible for making regulations prescribing, amongst other things, forms and forms of words for use at the referendum. Under section 11(1) of that Act, “the Minister” means the Secretary of State or the Chancellor of the Duchy of Lancaster.

(2)

2015 c. 36.

(3)

1993 c. 38.

(4)

S.I. 2016/219.

(5)

1983 c. 2. Section 199B was inserted by section 36 of the Electoral Administration Act 2006 (c. 22). Section 199B is applied for the purposes of the referendum by paragraph 45 of Schedule 1 to the Conduct Regulations.

(6)

S.I. 2001/341. There are amendments to these Regulations and, in particular, regulation 91(1)(b) that are not relevant to this Order. Regulation 91(1)(b) is applied for the purposes of the referendum by paragraph 48 of Schedule 3 to the Conduct Regulations. Form K is modified for the purposes of the referendum by paragraph 65 of Schedule 3 to the Conduct Regulations.