The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004

In subsection (2) —

In subsection (3) —

In paragraph 1, in sub-paragraph (1) —

In paragraphs 2 to 7, except in paragraphs 3(4)(a)(i), 6(7), 7(4)(a) and 7(6)(a)(i), after “local government election”, “local government elections”, “elections” and “election”, insert, as the context requires, “or a referendum”, “or referendums”, or “or the referendum”.

In paragraphs 3(4)(a)(i) and 7(6)(a)(i), after “or both,”, insert “or referendums”.

In paragraphs 6(7) and 7(4)(a), after “or at both,”, insert “or at referendums”.

After “election”, in each place, insert “or referendum”.

In subsection (1), for “the final nomination day”, substitute “the nineteenth day before the date of the poll at the referendum”.

After subsection (4), insert

“(4A) This section also applies to referendums.”.

In subsection (1) —

In subsection (3), for “local government elections” substitute “referendums”.

Omit “mentioned in subsections (1) to (3) above”.

In subsection (6), for the words from the beginning to “councillor, the council”, substitute “Before a poll is taken at such a referendum as is referred to in subsection (4), the local authority”.

Regulation 8(1)(b) shall not apply in relation to the first reference in subsection (6) to the returning officer.

In subsection (1), for “the returning officer at a local government election”, substitute “the counting officer at a referendum”.

In subsection (2) —

In subsection (4), omit “parliamentary or”.

In subsection (5), omit “parliamentary or” and “prevent the rejection of the vote on a scrutiny or”.

In subsection (1), after “local government election” and “local government elections”, in each place, insert “or referendum” and “or referendums”, respectively. voting area, or for them without applying for the cancellation of a previous pending application for such an appointment. to vote by post as proxy for that other person, or

For subsections (2) to (4) substitute —

“(2) A person shall be guilty of an offence if —

(a)that person votes on their own behalf otherwise than by proxy —

(i)more than once in the same voting area;

(ii)in more than one voting area; or

(iii)in any voting area where there is in force an appointment of a person to vote as that person’s proxy in the referendum in another

(b)that person votes on their own behalf in person and is entitled to vote by post, or

(c)that person votes on their behalf in person knowing that a person appointed to vote as their proxy has already voted in person or is entitled to vote by post, or

(d)that person applies for a person to be appointed as their proxy to vote appointment of a third person then in force or without withdrawing a

(3) A person shall be guilty of an offence if —

(a)that person votes as proxy for the same person either —

(i)more than once in the same voting area, or

(ii)in more than one voting area, or

(b)that person votes in person as proxy for another person and is entitled

(c)that person votes in person as proxy for someone whom that person knows already to have voted in person.

(4) A person shall also be guilty of an offence if that person votes as proxy in any voting area for more than two persons of whom that person is not the husband, wife, parent, grandparent, brother, sister, child or grandchild.”.

In subsection (7), omit paragraph (b) and the word “and” immediately preceding it.

In subsection (1) —

In subsection (3), for “clerk”, substitute “person”.

For subsection (1)(b) substitute —

“(b)every polling observer, so attending,”.

In subsection (2) —

In subsection (4), omit the words after the definition of “publish”.

For subsection (1) substitute —

“(1) Subject to the provisions of this section, any person is entitled, for the purpose of holding a public meeting to promote a particular result in the referendum, to use free of charge at reasonable times during the campaign period any meeting room to which this section applies.

(1A) In subsection (1), “the campaign period” means the period of 25 days ending with the day before the date of the referendum.”.

Omit subsection (2).

In subsection (3) —

In subsection (4) —

After subsection (4) insert —

“(5) The lists maintained by a county council or county borough council of meeting rooms which candidates at a parliamentary election in any constituency are entitled to use shall have effect for the purposes of the referendum; and any person shall, before the referendum, be entitled at all reasonable hours to inspect those lists or a copy of them.”.

For subsection (2), substitute —

“(2) This section applies to a meeting in connection with a referendum held during the campaign period.

(2A) In subsection (2), “the campaign period” means the period of 25 days ending with the day before the date of the referendum.”.

In subsection (1), in paragraph (b), after “disregarded”, insert —

“ ; and

(c)in computing any period referred to in section 96(1A) or 97(2A), as applied for the purposes of a referendum, any of the days so mentioned shall be disregarded.”.

For “the local government Act”, substitute “the Referendums Regulations”.

In paragraph (a), for “in the county in which the local government area for which the election was held is situated or which it adjoins” substitute “for the voting area in which, the offence is alleged to have been committed”.

In subsection (1), insert at the end —

““the Referendums Regulations” means the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004”.

Omit the words from “Delivery” in the first place where that word appears to “day of election” in the fourth place where those words appear.

Omit the item “Polling”.

For paragraph (2) substitute —

“(2) The official mark shall be kept secret”.

In paragraph (3) omit “at the same election”.

In paragraph (1), for sub-paragraphs (b) to (d), substitute —

“and

(b)the statement and the question to be asked in the referendum.”.

For paragraph (2) substitute —

“(2) The notice of poll shall be published not later than the sixth day before the date of the referendum.”

In paragraph (3), omit the words from “and he shall” to the end.

For paragraph (3)(a) substitute —

“(a)the name of the council and of the voting of area;”.

For paragraph (5) substitute —

“(5) In every compartment of every polling station there shall be exhibited the following notice —

• [INSERT NAME OF COUNCIL]

• REFERENDUM

• Mark one box only. Put no other mark on the ballot paper or your vote may not be counted.”.

In paragraph (8), for “particulars of the candidates”, substitute “the answer”.

In paragraph (9) —

In paragraph (10), for “Each number on the”, substitute “The word on each”.

Omit paragraphs (1) to (3).

In paragraph (4) —

Omit paragraph (5).

For paragraph (6) substitute —

“(6) If a counting observer dies, or becomes incapable of acting, the counting officer may appoint another counting observer in that person’s place.”.

Omit paragraph (7).

In paragraph (8) —

In paragraph (9) —

In paragraph (10) —

Omit paragraph (11).

In paragraph (12) —

In paragraph (1) —

For paragraphs (1) and (2) substitute —

“(1) The presiding officer may put to any person applying for a ballot paper the time of that person’s application, but not afterwards, one or both of the relevant questions.

(2) In the case of a person applying to vote on their own behalf, the relevant questions are —

(a)“Are you the person registered in the register of local government electors for this voting area as follows?” (read the whole entry from the register.)

(b)“Have you already voted, here or elsewhere, in this referendum, otherwise than as proxy for some other person?”

(2A) In the case of a person applying as proxy, the relevant questions are —

(a)“Are you the person whose name appears as A.B. in the list of proxies for this referendum as entitled to vote as proxy on behalf of C.D.?”

(b)“Have you already voted, here or elsewhere, at this referendum as proxy on behalf of C.D.?”.

(2B) In the case of a person applying as proxy, the presiding officer may put the following additional question —

• “Are you the husband [wife], parent, grandparent, brother [sister], child or grandchild of C.D.?”

• and, if that question is not answered in the affirmative, the following question

  • “Have you already voted at this referendum on behalf of two persons of whom you are not the husband [wife], parent, grandparent, brother [sister], child or grandchild?”.”

In paragraph (1)(a), for “counting agents” substitute “counting observers”.

In paragraph (1)(b), for “election agents” substitute “counting observers”.

In paragraph (6), for “election agent” substitute “counting observer present at the verification”.

In paragraph (7), omit “so far as he and the agents agree” and from “For the purposes” to the end.

In paragraph (8), omit the words from “—(a) place” to “(b) otherwise”.

In paragraph (1), for “candidate or his election agent”, substitute “petition organiser”.

In paragraph (2), for “the candidates and election agents”, substitute “such petition organisers as are”.

In paragraph (1) —

In paragraph (4) —

In paragraph (5) —

For the words from “an equality” to the end, substitute —

• “an equality of YES and NO votes is found, the counting officer shall forthwith decide the referendum by lot.”.

Substitute —

• “The counting officer shall forthwith —

  (a)

  declare the result of the referendum;

  (b)

  inform the proper officer of the local authority by or in respect of which the referendum was held of the result of the referendum; and

  (c)

  give public notice of —

  (i)

  the result of the referendum,

  (ii)

  the number of ballot papers counted,

  (iii)

  the total number of votes cast for each answer, and

  (iv)

  the number of rejected ballot papers under each head shown in thestatement of rejected ballot papers.”.

For “the returning officer”, substitute “the counting officer”.

For the words from “the date of the election” to the end, substitute “and the name of the voting area”.

On the front of the form, for “REPRESENTATION OF THE PEOPLE ACTS” substitute —

• “[INSERT NAME OF COUNCIL] REFERENDUM”.

On the back of the form —

On the front of the card —

On the back of the card —

On the front of the card —

On the back of the card, in the penultimate and final paragraphs, for “this election”, substitute “the referendum”.

In paragraph 2 —

Omit paragraph 4 and renumber paragraph 5.

For “REPRESENTATION OF THE PEOPLE ACTS” and “ELECTION IN THE” substitute —

• “[INSERT NAME OF COUNCIL] REFERENDUM”.

and for “ ... ... ... ... ELECTORAL DIVISION/WARD of ... ... ... ...”

substitute “[insert name of voting area]”.

For “electoral area” in each place substitute “voting area”.

For “election” in each place substitute “referendum”.

For “election now being held in this electoral area” substitute “referendum now being held in this voting area”.

For “the said election” in each case substitute “that referendum”.

For “for the ... ... ... ... Electoral division/ward of ... ... ... ... ”, substitute “in the ... ... ... ...[insert name of voting area]”.

At the end of sub-paragraph (b), insert —

“ , or

(c)in the case of a referendum, such of those rules made under section 36 of the 1983 Act as are applied (with or without modification) by the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004”.

In paragraph (4), in sub-paragraph (b) —

In paragraph (5) —

In paragraphs (1) to (5), after “election”, in each place, insert “or referendum”.

In paragraph (7)(b), after “election” insert “or referendum”.

Omit paragraph (1).

In paragraph (3), omit sub-paragraph (b) and the word “and” immediately preceding it.

For sub-paragraphs (a) to (d) substitute —

“(a)the counting officer and that officer’s clerks;

(b)persons who, in accordance with regulation 13(5) of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004, are entitled to attend at the counting of the votes.”

For paragraphs (1) and (2), substitute —

“(1) The manner in which any postal ballot paper or declaration of identity may be returned —

(a)to the returning officer, is by hand or by post;

(b)to a polling station, is by hand.”.

In paragraph (1), for “each candidate” substitute “those persons who, in accordance with regulation 13(5) of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004, are entitled to attend at the counting of the votes”.

In paragraph (2), omit sub-paragraph (b).

In paragraph (1) —

In paragraph (2) —

For “REPRESENTATION OF THE PEOPLE ACTS” substitute “[insert name of council] REFERENDUM”.

Omit “Constituency” and “Polling district”.

For “Parliamentary electoral area”, substitute “referendum voting area”.

For the words from “*[who qualifies” to “electoral region]]”, substitute “to vote for that person at the referendum on (insert date)”.

Omit “*[This proxy appointment is not valid until …]”.

For paragraph 2 of the note substitute —

“2.  Your appointment as proxy will be for the referendum only. You have the right to vote as proxy only at the referendum specified in the proxy paper.”

In subsection (2), in paragraphs (a) and (b), omit “in person or”.

In subsection (3), omit the words from “who has applied” to “person or”.

For paragraph (1) substitute —

“(1) First, the counting officer at the referendum shall issue postal ballot papers to those persons entitled to vote in the referendum who are included as voting by post in the absent voters list for the referendum, and shall place a mark in that list and the register of electors against the number of that person to denote that a ballot paper has been issued to that person but without showing the particular ballot paper issued.

(1A) Secondly, the counting officer shall issue postal ballot papers to those proxies included in the list kept under paragraph 7(8) of Schedule 4 to the 2000 Act, as applied for the purposes of the referendum, and shall place a mark —

(a)in that list against the name of the proxy; and

(b)in the register of electors against the number of the person for whom the proxy is appointed,

to denote that a ballot paper has been issued to the proxy but without showing the particular ballot paper issued.

(1B) Thirdly, the counting officer shall issue postal ballot papers to those proxies included in the absent voters list for the referendum and shall place a mark —

(a)in that list against the name of the proxy; and

(b)in the register of electors against the number of the person for whom the proxy is appointed,

to denote that a ballot paper has been issued to the proxy but without showing the particular ballot paper issued.

(1C) Finally, the counting officer shall issue postal ballot papers to every person entitled to vote in the referendum against whose number in the register of electors no mark has been placed, and shall then place a mark against that person’s number to denote that a ballot paper has been issued but without showing the particular ballot paper issued.

(1D) Each postal ballot paper issued shall be stamped with the official mark.

(1E) The address to which a postal ballot paper is to be sent shall be determined in accordance with rule 19 of the rules set out in Schedule 2 to the Local Elections (Principal Areas) Rules 1986, as substituted.”.

Omit paragraphs (5) and (6).

In paragraph 1, for “poll” substitute “referendum”. In paragraph (2) —

In paragraph (1), for sub-paragraph (a) substitute —

“(a)that the poll at the referendum is to be taken only by post;”.

Omit paragraph (3).

Substitute —

“Postal ballot papers

19.—(1) The counting officer shall as soon as reasonably practicable issue to —

(a)each person entitled to vote in the referendum for whom a proxy has not been appointed; and

(b)each proxy appointed by a person entitled to vote in the referendum,

at the address determined in accordance with this rule, a postal ballot paper and a declaration of identity in the forms set out in the Appendix, or forms to the like effect, together with such envelopes for their return (whether free of charge or otherwise) as may be prescribed by regulations made under the 1983 Act.

(2) In the case of a person entitled to vote in the referendum whose name is shown in the absent voters' list for the referendum, the address referred to in paragraph (1) is that shown in that list.

(3) Subject to paragraph (4), in the case of a person entitled to vote in the referendum whose name is not shown in the absent voters' list for the referendum, the address referred to in paragraph (1) is that person’s qualifying address as shown in the register of electors.

(4) In the case of a person entitled to vote in the referendum —

(a)whose name is not shown in the absent voters' list for the referendum; and

(b)whose qualifying address is not shown in the register of electors,

the address referred to in paragraph (1) is —

(i)the address given in accordance with regulation 15 of the Elections Regulations (if that address is within the United Kingdom) in the case of a service voter; or

(ii)the address given in accordance with section 7B(3)(a) of the 1983 Act in the case of a person registered in pursuance of a declaration of local connection.

(5) In the case of a proxy, the address referred to in paragraph (1) is —

(a)in the case of a proxy whose name is included in the special list kept under paragraph 7(8) of Schedule 4 to the RPAct 2000 for the referendum, the address recorded in that list; or

(b)in the case of any other proxy, the address of the proxy as given under regulation 52 of the Elections Regulations.”.

In paragraph (1), omit sub-paragraphs (a) and (b) and the words “and (c)”.

Omit paragraphs (2), (4) and (6).

In paragraph (1) —

In paragraph (1)(b) omit “and certificates as to employment on duty on the day of the poll”.

In paragraphs (2) and (3), omit “and certificates”.

In the back of the form of the declaration of identity omit note 6.

Omit the forms of —

In subsection (1) —

In subsection (2), for the words from the beginning to “any”, substitute “Any”.

In paragraph (a) of subsection (3), omit “in England and Wales,”.

In subsection (4), omit “In England and Wales.”.

In subsection (1), for “under the local government Act” substitute “under the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004”;

In subsection (2), in paragraph (b), for “a candidate elected at the election”, substitute “any person”.

In subsection (3), in paragraph (b), for “the candidate elected at the election, or by an agent of the candidate or with the privity of the candidate or his election agent”, substitute “any person”.

Omit subsections (4) and (5).

For subsection (7), substitute —

“(7) Subsections (3) and (6) above apply notwithstanding that the act constituting the alleged illegal practice amounted to a corrupt practice.”

In subsection (8), after “below” insert, “, as applied by regulation 15 of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004,”.

Omit subsection (9).

In subsection (1), for “in England and Wales under the local government Act”, substitute “in Wales under the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004.”.

In paragraph (a) of subsection (3), for “in England and Wales under the local government Act”, substitute “in Wales under the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004.”.

In subsection (1) —

In subsection (1) —

In subsection (1), in paragraph (a), for “all election petitions”, substitute “all referendum petitions within the meaning of regulation 15 of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004”.

In subsection (3) for the words from the beginning to “candidates”, substitute “Two or more persons”.

In subsection (4) —

In subsection (1) omit “, in the case of a parliamentary election petition, 14 days and in any other case,”.

Omit subsection (3).

For subsection (5) substitute —

“(5) On the trial of a petition, the respondent may give evidence in the same manner as if that person had presented a petition against the referendum.”.

For subsection (6) substitute —

“(6) Where the petition relates to a referendum as regards which, by reason of an equality of votes found at the count, the result was determined by lot, that determination shall be effective also for the purposes of the petition unless subsection (6A) applies.

(6A) This subsection applies where the court disallows any vote cast in the referendum; and in any such case —

(a)the determination referred to in subsection (6) above shall have no effect; and

(b)the court shall declare the result of the referendum.

(6B) Where —

(a)the petition relates to a referendum at which no equality of votes was found at the count; and

(b)the court —

(i)disallows any vote cast in the referendum; and

(ii)determines that an equality of votes was cast in the referendum,

the result of the referendum shall be determined by the court by lot.”.

In subsection (2) —

Section 145 (conclusion of trial of local election petition)

Subsection (1), as substituted, is not to apply where a referendum petition has been presented with the leave of the High Court (see regulation 15(3))

For subsection (1), substitute the following subsections —

“(1) At the conclusion of the trial of a petition questioning a referendum under the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004, the election court shall determine —

(a)in the case of a petition presented on the ground mentioned in sub-paragraph (a) of paragraph (1) of regulation 15 of those Regulations, whether the result of the referendum was, or was not, in accordance with the votes cast in the referendum;

(b)in the case of a petition presented on the ground mentioned in sub-paragraph (b) or (c) of that paragraph, whether the referendum was void.

(1A) Where the election court makes such a determination as is referred to in subsection (1)(a), it shall, as the circumstances require —

(a)confirm the result of the referendum; or

(b)reverse the result of the referendum.”.

In subsection (3) —

In subsection (6), for “for which the election was held”, substitute “by which or in respect of which the referendum was held.”.

Omit subsection (2).

In subsection (3), for the words “In the case of a petition questioning an election in England and Wales under the local government Act,” substitute “In the case of a referendum petition under the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004,”.

In subsection (1) omit paragraph (a).

In subsection (2) after “this Act”, insert “as applied for the purposes of the referendum petition”.

In subsection (1) —

In subsection (2), for “An election”, substitute “A referendum”.

After the definition of “the Act” insert —

““the 2004 Regulations” means the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004;”.

After the definition of “local election petition” insert —

““referendum petition” means a petition under the 2004 Regulations;”.

In the definition of “petition”, insert at the end “or a referendum petition”.

For the definition of “constituency”, substitute —

• ““constituency” —

  (a)

  in relation to a local election petition, means the local government area to which the petition relates;

  (b)

  in relation to a referendum petition, means the local government area in which the referendum is held;”.

After the definition of “returning officer” insert “and, in relation to a referendum petition, any reference to a provision of the Act shall be construed as a reference to that provision as applied by the 2004 Regulations.”

Omit paragraph (a).

For paragraph (b), substitute —

“(b)the date and result of the referendum to which the petition relates;”.

In paragraph (c), for the words from “petition” to “the Act” substitute “referendum petition”.

For “a Parliamentary (or Local Government) Election for (state place) ... ... ... ...”, insert “a referendum under the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (“the 2004 Regulations”) in (state area)”.

In paragraph 1 —

For paragraph 2 substitute —

“2.  That the referendum was held on the ... ... ... ... day of ... ... ... ... 20 ... ... ... ...”

In paragraph 4, omit “in the case of a petition mentioned in section 122(2) or (3) or”.

For paragraph (1) of the Prayer substitute —

“(1) That it may be determined [that the result of the referendum was not in accordance with the votes cast]* [that the referendum is avoided]* [that the referendum is tainted as mentioned in regulation 17(3) of the 2004 Regulations]*.

• * include or omit, as the circumstances require.”.