The Regional Assembly and Local Government Referendums Order 2004

Application and modification of enactments relating to elections

6.—(1) The provisions set out in column (1) of the Tables in Parts 1 to 3 of Schedule 2 shall have effect in relation to a referendum with the modifications shown against those provisions in column (2) of those Tables; and in particular, except where the context otherwise requires—

(a)a reference to an election shall be construed as a reference to a referendum;

(b)a reference to a returning officer or acting returning officer shall be construed as a reference to the counting officer;

(c)a reference to a constituency, an electoral area, division or ward shall be construed as a reference to a voting area;

(d)a reference to voting for, or a vote for, a candidate shall be construed as a reference to voting for, or a vote for, a referendum answer;

(e)a reference to promoting or procuring the election of a candidate, or furthering a person’s candidature, shall be construed as a reference to promoting or procuring a particular referendum answer;

(f)references to nomination papers and, except as mentioned in sub-paragraphs (d) and (e), references to candidates, shall be ignored;

(g)a reference to the return of a person shall be construed as a reference to a particular referendum answer;

(h)a reference to a person voting as an elector shall be construed as a reference to a person voting on his own behalf;

(i)a reference to a person’s entitlement as an elector to an absent vote shall be construed as a reference to a person’s entitlement to vote by post on his own behalf or to vote by proxy;

(j)a reference to an election agent shall be construed as a reference to a referendum agent;

(k)a reference to anything being prescribed shall be construed as a reference to its being provided for by a provision of subordinate legislation applied by this Order;

(l)a form which is required to be used may be used with such variations as the circumstances may require;

(m)a reference to the registration officer is a reference to the relevant registration officer appointed under section 8 (registration officers) or 203(4) (application to Isles of Scilly) of the 1983 Act;

(n)any reference to an enactment or instrument made under an enactment shall be construed as a reference to that enactment or instrument as applied and modified (where applicable) by this Order; and

(o)so much of any provision as—

(i)relates to an election petition or an election court; or

(ii)applies only in relation to Scotland, Wales or Northern Ireland,

shall be ignored.

(2) The form shown in Part 4 of Schedule 2 shall have effect as the form of proxy paper for the appointment of a proxy at a particular Regional Assembly referendum or particular combined referendums.