SCHEDULE 2Transitional provisions and savings
PART 5Referendums under Chapter 4ZA of Part 1 of the Local Government Finance Act 1992
Interpretation I114
In this Part—
“2012 Regulations” means the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012;
“ongoing referendum” means a relevant referendum for which the date of poll as specified in the notice of referendum is on or after 31st January 2024;
“referendum” means a referendum under Chapter 4ZA of Part 1 of the Local Government Finance Act 199266;
“referendum rules” means the rules set out in Schedules 3 and 5 to the 2012 Regulations;
“relevant referendum” means a referendum for which the notice of referendum is published in accordance with rule 5 of the referendum rules on or before 30th January 2024.
Questions for proxies at certain referendums I5I315
I51
The amendments made by regulation 16(3) and (7) do not apply in respect of an ongoing referendum.
I32
Rule 24 of Schedule 3 and rule 26 of Schedule 5 to the 2012 Regulations (questions to be put to voters and proxies) apply in respect of a relevant referendum subject to the modifications in sub-paragraph (3).
I33
The rule applies as if—
a
in the table following paragraph (1)—
i
in entry 2 (proxy), in the column headed “Questions”—
aa
after question (b) there were substituted—
ba
“Were you appointed as proxy on behalf of CD before 31st October 2023?” [R]
bb
in question (c), at the beginning there were inserted “If the person answers question (ba) in the affirmative:”;
ii
in entry 3 (proxy for a voter with an anonymous entry), in the column headed “Questions”—
aa
after question (b) there were inserted—
ba
“Were you appointed as proxy on behalf of the person whose number on the register of electors is (read out the number) before 31st October 2023?” [R]
bb
in question (c), at the beginning there were inserted “If the person answers question (ba) in the affirmative:”;
b
in paragraph (2), after “(3)(a), (b)” there were inserted “, (ba)”
.
Disapplication of amendments to the modifications of section 61 of the Representation of the People Act 1983 in respect of an ongoing referendum I416
1
The amendments made by regulation 16(5)(a)(ii) and (iii) to Table 1 (modifications to the Representation of the People Act 1983) in Schedule 4 to the 2012 Regulations do not apply in respect of a person voting by virtue of a proxy appointment at an ongoing referendum.
2
In sub-paragraph (1), “proxy appointment” has the same meaning as in paragraph 8(8) of Schedule 4 to EA 2022.
Poll card forms for certain referendums I6I217
I61
The amendments made by regulation 16(4) and (8) do not apply in respect of an ongoing referendum.
I22
The Official Poll Card (to be sent to a voter voting in person) and the Official Proxy Poll Card (to be sent to an appointed proxy voting in person) in the referendum rules apply in respect of a relevant referendum as if, on the front of the form, before the text that begins “vote as a proxy at this referendum” there were inserted “(in the case of a proxy appointed before 31st October 2023)”
.
I23
The form of the Official Postal Poll Card (to be sent to a voter voting by post) and the Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post) in the referendum rules apply in respect of a relevant referendum as if, on the back of the form, before the text that begins “vote as a proxy at the same referendum” there were inserted “(in the case of a proxy appointed before 31st October 2023)”
.
F14
Sub-paragraph (5) applies in respect of a referendum for which—
a
the notice of referendum is published in accordance with rule 5 of the referendum rules on or after 31st January 2024, and
b
the date of poll stated in that notice is on or before 1st May 2024.
5
The form of the Official Postal Poll Card (to be send to a voter voting by post) and the Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post) in the referendum rules apply as if, on the back of the form, for the text that begins “vote as a proxy at the same referendum” and ends with “grandchild” there were substituted—
(in the case of a proxy appointed on or after 31st October 2023) vote as a proxy on behalf of more than four voters, of which no more than two may be on behalf of other domestic voters (a domestic voter is one who is not an overseas or service voter)