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The Regional Assembly and Local Government Referendums Order 2004

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PART 2TABLE

Representation of the People Act 1983

(1)(2)
ProvisionModification
Section 35(4) (appointments by returning officers)(1)For the words from “returning officer” to “above”, substitute “Chief Counting Officer or counting officer”.
After the word “functions” insert “at the referendum”.
Section 47 (loan of equipment for local elections)(2)

In subsection (1)—

(a)

for “fittings and compartments” substitute “and equipment”; and

(b)

for “the returning officer at a local government election”, substitute “the counting officer at a referendum”.

In subsection (2)—

(a)

for “fittings and compartments” substitute “and other equipment required for the purpose of the referendum”;

(b)

omit the words from “, or” at the end of paragraph (a), to “as the case may be,”; and

(c)

for “an election held under those Acts” substitute “a referendum held under the Regional Assemblies (Preparations) Act 2003”.

Section 49(4) and (5) (effect of registers)(3)

In subsection (4)—

(a)

omit “parliamentary or”; and

(b)

after “this Part” insert “and the Regional Assembly and Local Government Referendums Order 2004”.

In subsection (5), omit “parliamentary or” and “prevent the rejection of the vote on a scrutiny, or”.
Section 50 (effect of misdescription)For “and the parliamentary election elections rules” substitute “and the Regional Assembly and Local Government Referendums Order 2004”.
Section 52 (discharge of registration duties)(4)After subsection (1A) insert—

“(1B) The function of giving directions under subsection (1) shall be exercisable only on, and in accordance with, a recommendation of the Electoral Commission.”

Section 54 (payment of expenses of registration)(5)
Section 56 (registration appeal: England and Wales)(6)Omit subsection (1)(a) and (4A).
Section 60 (personation)

In subsection (2)—

(a)

after “local government election” insert “or referendum held under the Regional Assemblies (Preparations) Act 2003”;

(b)

in paragraphs (a) and (b) omit “in person or”.

In subsection (3), omit the words from “who has applied” to “person or”.
Section 61 (other voting offences)(7)

In subsection (1)—

(a)

omit “in person or” in both places where it occurs; and

(b)

after “local government election” and “local government elections” in each place, insert “or referendum” and “or referendums”, respectively.

For subsections (2) to (4) substitute—

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

(a)he votes on his 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 when there is in force an appointment of a person to vote as his proxy in the referendum in another voting area, or#

(b)he applies 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 or without withdrawing a pending application for such an appointment.

(3) A person shall be guilty of an offence if he votes as proxy for the same person either—

(a)more than once in the same voting area; or

(b)in more than one voting area.

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

In subsection (6)—

(a)

omit the words from “who has applied” to “person, or”; and

(b)

omit the words from “, but” to the end.

Section 63 (breach of official duty)(8)

In subsection (3)—

(a)

in paragraph (b) for “returning officer or presiding officer,” substitute “Chief Counting Officer, counting officer, presiding officer or supervising clerk”; and

(b)

for “the law relating to parliamentary or local government elections” substitute “the law relating to the referendum”.

Section 65 (tampering with papers)(9)

In subsection (1)—

(a)

after “election” in the first place where it appears, insert “or a referendum”;

(b)

omit paragraph (a);

(c)

in paragraph (b), for “declaration of identity” substitute “security statement”;

(d)

for paragraph (e) substitute—

“(e)fraudulently takes out of an assistance and delivery point any ballot paper;”.

Omit subsection (2).

In subsection (3)—

(a)

for “returning officer” substitute “Chief Counting Officer, a counting officer”;

(b)

after “receipt of” omit “postal”.

Section 66 (requirement of secrecy)

For section 66 substitute—

“Requirement of Secrecy

66.—(1) The following persons—

(a)every Chief Counting Officer, counting officer and every presiding officer or clerk attending at a place for delivery at a referendum,

(b)every referendum agent so attending, and

(c)every representative of the Electoral Commission so attending,

shall maintain and aid in maintaining the secrecy of voting and shall not, except for some purpose authorised by law, communicate to any person before the poll is closed any information as to—

(i)the name of any elector or proxy who has or has not been issued with a ballot pack, delivered his ballot paper to, or voted at, a place for delivery;

(ii)the number on the register of electors of any elector who, or whose proxy, has or has not been issued with a ballot pack, delivered his ballot paper to, or voted at, a place for delivery;

(iii)the ballot number applying to the ballot pack which has been issued to an elector or proxy for an elector; or

(iv)the official mark.

(2) Every person attending at the counting of the votes shall maintain and aid in maintaining the secrecy of voting and shall not—

(a)ascertain or attempt to ascertain at the counting of the votes at a referendum the ballot number on the back of any ballot paper;

(b)communicate any information obtained at the counting of the votes as to the answer to a referendum question for which any vote is given on a particular ballot paper.

(3) No person shall—

(a)interfere with or attempt to interfere with a voter when recording his vote;

(b)directly or indirectly induce a voter to display his ballot paper after he has marked it so as to make known to any person the answer to a referendum question for which he has or has not voted.

(4) No person shall—

(a)obtain or attempt to obtain, at a place for delivery, information as to the answer for which a voter in that place is about to vote or has voted;

(b)communicate at any time to any person any information obtained at a place for delivery as to the answer for which a voter at that place is about to vote or has voted;

(c)communicate at any time to any person any information obtained at a place for delivery as to the ballot number on the back of a ballot paper or security statement issued to a voter (including any proxy).

(5) Every person attending the proceedings in connection with the issue of ballot packs or the receipt of ballot papers shall maintain and aid in maintaining the secrecy of the voting and shall not—

(a)except for some purpose authorised by law, communicate, before the poll is closed, to any person any information obtained at those proceedings as to the official mark; or

(b)except for some purpose authorised by law, communicate to any person at any time any information obtained at those proceedings as to the ballot number on the back of the ballot paper or on the security statement or any envelope sent or issued to any person; or

(c)except for some purpose authorised by law, attempt to ascertain at the proceedings in connection with the receipt of ballot papers the ballot number on the back of any ballot paper or on the security statement or on any envelope sent or issued to any person; or

(d)attempt to ascertain at the proceedings in connection with the receipt of ballot papers the answer to a referendum question for which any vote is given on any particular ballot paper or communicate any information with respect thereto at those proceedings.

(6) No person having undertaken to assist a voter with disabilities to vote shall communicate at any time to any person any information as to the answer to a referendum question for which that voter intends to vote or has voted, or as to the ballot number on the back of the ballot paper or on the security statement given for the use of that voter.

(7) No person who pursuant to any enactment has undertaken to assist a voter to vote, shall communicate at any time to any person any information as to the answer to a referendum question for which a voter intends to vote or has voted, or as to the ballot number on the back of the ballot paper or on the security statement given for the use of the voter, except for some purpose authorised by law.

(8) Nothing in this section shall be construed—

(a)as, preventing the Chief Counting Officer or counting officer from publishing, or making it an offence to publish, information consisting solely of the number of ballot papers appearing to the Chief Counting Officer or counting officer to have been received by the counting officer at any time before the close of the poll; if the information disclosed does not include any information from which it can be ascertained whether any particular person has or has not returned a ballot paper; or

(b)as preventing, at a referendum, the Chief Counting Officer, counting officer or the Electoral Commission from carrying out a survey after close of the poll of those eligible to vote at the referendum, in order to ascertain whether those persons have or have not voted or why a particular voter did not return his security statement, provided that a survey shall not be designed or carried out in a manner as to elicit, directly or indirectly, from any person the answer for which a voter has or has not voted.

(9) If a person acts in contravention of this section he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months.

(10) In this section “place for delivery” means a place provided by a counting officer at a referendum to which voters may deliver their ballot papers by hand.”

Section 66A (prohibition on publication of exit polls)(10)In subsection (1), for “election” in each place where it appears substitute “referendum”.
For subsection (2) substitute—

“(2) This section applies to any referendum.”

In subsection (4), for the words from “of an election” to the end substitute “of a referendum is a reference to the result of the referendum as a whole or to the votes cast for any question at the referendum”.
Section 92 (broadcasting from outside the United Kingdom)(11)In subsection (1), after “local government election” insert “or referendum”.
In subsection (2), omit the words from “, but” to the end.
Section 97 (disturbances at election meetings)(12)For subsection (2) substitute—

“(2) This section applies to a meeting in connection with a referendum held by a permitted participant during the referendum period.”

Section 99 (officials not to act for candidates)(13)For subsection (1) substitute—

“(1) If—

(a)any counting officer or the Chief Counting Officer at a referendum, or

(b)any officer or clerk appointed under the Regional Assembly and Local Government Referendums Order 2004 to discharge the functions of a counting officer or the Chief Counting Officer at a referendum or whose services have been placed at the disposal of a counting officer or Chief Counting Officer for the purpose of assisting him in the discharge of his functions,

acts as an agent for a permitted participant(14), he shall be guilty of an offence.”

Section 100 (illegal canvassing by police officers)(15)In subsection (1), for the words “from giving, his vote,” to the end, substitute “from giving, his vote, whether as an elector or as proxy, in the referendum in a voting area wholly or partly within the police area”.
Section 109 (payments for exhibition of election notices)
Section 111 (prohibition of paid canvassers)
Section 112 (providing money for illegal purposes)
Section 113 (bribery)(16)
Section 114 (treating)
Section 115 (undue influence)
Section 116 (rights of creditors)Omit paragraphs (b) and (c).
Section 117(2) (savings as to parliamentary elections)In subsection (2)—

(a)for “parliamentary electors or their proxies” substitute “electors or their proxies at a referendum”;

(b)for “parliamentary election” substitute “referendum”.

In subsection (2)(b) and (c), for “any particular candidate at the election” substitute “for any particular referendum answer”.
Section 118 (interpretation of Part II)(17)Omit the definitions of “appropriate officer”, “candidate”, “committee room”, “date of the allowance of an authorised excuse”, “declaration as to election expenses”, “disputed claim”, “election expenses”, “personal expenses” and “return as to election expenses”.
Section 119 (computation of time for purposes of Part II)(18)In subsection (2) omit “Maundy Thursday,”
Section 167 (application for relief)(19)In subsection (1) omit the words from “or an election court” to the end.
Omit subsections (3) and (5).
Section 168 (prosecutions for corrupt practices)(20)Omit subsection (7).
Section 169 (prosecutions for illegal practice)(21)
Section 170 (conviction of illegal practice on charge of corrupt practice etc.)
Section 175 (illegal payments etc.)(22)Omit subsection (2).
Section 176 (time limit for prosecutions)(23)
Section 177 (local election offence punishable summarily)For “an election under the local government Act”, substitute “a referendum under the Regional Assembly and Local Government Referendums Order 2004”.
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”.
Section 178 (prosecution of offences committed outside the United Kingdom)(24)
Section 179 (offences by associations)Omit the words “or (b) any offence under section 110 above”.
Section 180A (evidence by certificate of electoral registration)(25)
Section 181(1) (Director of Public Prosecutions)(26)
Section 184 (service of notices)(27)For “the county court, or any election court”, substitute “or the county court”.
In section 185 (interpretation of Part III)(28) the definitions of “judicial office”, “money” and “pecuniary reward”, “payment” and “public office”
Section 186 (computation of time for purposes of Part III)
Section 200 (public notices, and declarations)(29)Omit subsection (1).
For subsection (1A) substitute—

“(1A) A public notice required by or under this Act or by or under the Regional Assembly and Local Government Referendums Order 2004 to be given by the proper officer of a local authority or the Chief Counting Officer or counting officer at a referendum shall be given by posting the notice in some conspicuous place or places in the voting area and may also be given in such other manner as he thinks desirable for publicising it.”

Section 202 (interpretation)(30), the definitions in subsection (1) of “the absent voters list”, “citizen of the Union”, “elector”, “legal incapacity”, “legal process”, “the list of proxies”, “overseas elector’s declaration”, “parliamentary elections rules”, “person”, “proper officer”, “service voter” and “voter”; and subsection (2)

In subsection (1), at the appropriate places, insert the following definitions—

““local government referendum” means a referendum held under section 2(2) of the Regional Assemblies (Preparations) Act 2003;”

““permitted participants” has the same meaning as in section 105 of the Political Parties, Elections and Referendums Act 2000 as applied and modified by the Regional Assembly and Local Government Referendums Order 2004;”

““referendum” means a Regional Assembly referendum or a local government referendum;”

““Regional Assembly referendum” means a referendum held under section 1(1) of the Regional Assemblies (Preparations) Act 2003;.”

Section 203 (local government provisions as to England and Wales)(31)
(1)

There are amendments not relevant to this Order.

(2)

Section 47(1) was amended by S.I. 1991/1728, regulation 4.

(3)

Section 49(5) was substituted by S.I. 1995/1948, Schedule 2 and amended by the Representation of the People Act 2000 (c. 2), Schedule 1.

(4)

Section 52 was amended by Schedules 4 and 5 to the Representation of the People Act 1985 (c. 50) and Schedules 1 and 7 to the Representation of the People Act 2000 (c. 2).

(5)

Section 54 was amended by Schedule 4 to the Representation of the People Act 1985 (c. 50).

(6)

Section 52 was amended by Schedules 2, 4 and 5 of the Representation of the People Act 1985 (c. 50) and Schedules 1 and 7 to the Representation of the People Act 2000 (c. 2).

(7)

Section 61 was amended by the Representation of the People Act 1985 (c. 50), Schedules 2 and 5 and by the Greater London Authority Act 1999 (c. 29), Schedule 3, paragraphs 1 and 10.

(8)

Section 63 was substituted by Schedule 4 to the Representation of the People Act 1985 (c. 50). Subsection (3) was amended by S.I. 2001/1149, Schedule 1.

(9)

Subsections (3) and (4) were substituted by the Representation of the People Act 1985 (c. 50), Schedule 3.

(10)

Section 66A was inserted by the Representation of the People Act 2000 (c. 2), Schedule 6.

(11)

Subsection (1) was substituted by the Broadcasting Act 1990 (c. 42), Schedule 20.

(12)

Subsection (2) was amended by the Representation of the People Act 1985 (c. 50), Schedule 4.

(13)

Subsection (2) was substituted by the Representation of the People Act 1985 (c. 50), Schedule 23.

(14)

See section 105 of the Political Parties, Elections and Referendums Act 2000 (c. 41) and as applied with modifications by Schedule 3 to this Order.

(15)

Amended, so far as relevant, by the Representation of the People Act 1985 (c. 50), Schedule 3.

(16)

There are amendments not relevant to this Order.

(17)

The definitions of “money” and “pecuniary reward” were amended by the Political Parties, Elections and Referendums Act 2000 (c. 41), Schedule 18.

(18)

Subsections (2) and (3) were substituted by section 19(4) of the Representation of the People Act 1985 (c. 50).

(19)

Subsection (1A) was inserted by Schedule 4 to the Representation of the People Act 1985. Subsection (4) was repealed by Schedule 18 and 22 to the Political Parties, Elections and Referendums Act 2000 (c. 41). Subsection (5) was substituted by Schedule 18 to the Political Parties, Elections and Referendums Act 2000.

(20)

Section 168 was amended by the Representation of the People Act 1985 (c. 50), Schedules 3, 4 and 5.

(21)

Section 169 was amended by the Representation of the People Act 1985, Schedules 3, 4 and 5.

(22)

Section 175 was amended by the Representation of the People Act 1985 (c. 50), Schedule 3 and by the Political Parties, Elections and Referendums Act 2000 (c. 41), Schedule 21.

(23)

Section 176 was amended by Schedules 4 and 5 to the Representation of the People Act 1985.

(24)

Section 178 was amended by Schedule 4 to the Representation of the People Act 1985 (c. 50).

(25)

Section 180A was inserted by Schedule 1 to the Representation of the People Act 1985.

(26)

Subsection (1) was substituted by Schedule 4 to the Representation of the People Act 1985 (c. 50).

(27)

Subsection (1) was amended by the Political Parties, Elections and Referendums Act 2000 (c. 41), Schedule 18. Subsection (2) was amended by S.I. 2001/1149, Schedule 1.

(28)

The definition of “public office” was amended by Schedule 17 to the Political Parties, Elections and Referendums Act 2000 (c. 41).

(29)

Subsections (1) and (1A) was substituted by the Representation of the People Act 1985 (c. 50), Schedule 4.

(30)

The definitions of “the absent voters list”, “the list of proxies” and “overseas elector’s declaration” were inserted by the Representation of the People Act 1985 (c. 50), Schedule 2, and the definitions of “the absent voters list” and “the list of proxies” were amended by the Representation of the People Act 2000 (c. 2), Schedule 6. The definition of “citizen of the Union” and “relevant citizen of the Union” were inserted by S.I. 1995/1948. The definition of “legal process” was inserted by Schedule 18 to the Political Parties, Elections and Referendums Act 2000 (c. 41). The definition of “proper officer” was inserted by Schedule 3 to the Greater London Authority Act 1999 (c. 29). The definition of “qualifying address” was inserted by Schedule 1 to the Representation of the People Act 2000 (c. 2).

(31)

Amended by the Greater London Authority Act 1999 (c. 29), Schedule 3; the Local Government Act 1985 (c. 51), Schedules 9 and 17; the Education Reform Act 1988 (c. 40), Schedule 13; the Representation of the People Act 1985 (c. 50), Schedule 4; and the Local Government (Wales) Act 1994 (c. 19), Schedule 16.

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