The Local Authorities (Conduct of Referendums) (England) Regulations 2001

In subsection (1), at the end insert “; and as regards referendums under the Local Authorities (Conduct of Referendums) (England) Regulations 2001”.

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”.

For “subsections (1) to (3)”, substitute “subsection (1) or (3)”.

In subsection (4), for the words from “by a returning officer” to “London borough)” substitute “by the counting officer for a voting area in relation to the holding of a referendum”.

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 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”.

Omit “parliamentary or”.

In subsection (1), 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 where there is in force an appointment of a person to vote as his proxy in the referendum in another voting area, or

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

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

(d)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—

(a)he 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)he votes in person as proxy for a person and is entitled to vote by post as proxy for that person, or

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

(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 (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”.

In subsection (1), after “local government election” insert “or referendum”.

In subsection (2), after “section 42 above” insert “or to any referendum in relation to which any rules under section 36, as applied for the purposes of that referendum,”.

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, district council or London 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), for the words from “from giving his vote” to the end, substitute “from giving his vote in the referendum in a voting area wholly or partly within the police area”.

Omit subsection (12).

Omit paragraphs (b) and (c).

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”.”.

In subsection (1)(a)(i), after “Great Britain”, insert “or at any referendum”.

Omit subsection (2).

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 the definition of “voter”, after “42 above”, insert “and such of those rules as are applied, in relation to a referendum, by any provision of the Referendums Regulations”.

In subsection (1), insert at the end—

““the Referendums Regulations” means the Local Authorities (Conduct of Referendums) (England) Regulations 2001”.

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”.

See regulation 22.

For paragraph (1), substitute “(1) The counting officer shall publish notice of the referendum, stating the date of the poll.”

Omit the words from “, the result” to the end.

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 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.

In paragraph (3), omit “unless that place is outside the electoral area”.

In paragraph (1), omit the words from “but he shall not appoint” to the end.

For paragraph (3)(a) substitute—

“(a)the name of the council and of the voting 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 candidate”, 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 his 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 at the time of his application, but not afterwards, one or both of the relevant questions.

(2) In the case of a person applying to vote on his 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), for “polling agents” (in both places) substitute “polling observers (if any)”.

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 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 the statement of rejected ballot papers.”.

In paragraph (1), omit “contested” and “, including ballot papers rejected in part”.

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”.

In paragraph (1), omit “, including ballot papers rejected in part”.

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—

and

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) (England) Regulations 2001”.

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 (6).

Omit paragraph (1).

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

After “polls at elections” insert “or polls at an election and a referendum”;

After “each election” insert “or, as the case may be, the election and the referendum”; and

After “returning officers” insert “or, as the case may be, the returning officers and the counting officer at the referendum”.

Omit “in Form G at a parliamentary election taken alone;”.

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

“(a)the counting officer and his clerks;

(b)persons who, in accordance with regulation 13(5) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001, are entitled to attend at the counting of the votes.”

In paragraph (5)—

In paragraph (6), for “the poll at one election is taken with the poll at another election”, substitute “polls are taken together”.

In paragraph (4), for “(under the provisions referred to in regulation 65 above)”, substitute “(under regulation 14(1), (7) or 11)) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001)”.

In paragraph (2), for “more than one election have been issued together under regulation 65 above”, substitute “more than one poll have been issued together”.

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) (England) Regulations 2001, are entitled to attend at the counting of the votes”.

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

In paragraphs (3) and (4), for “the agents”, substitute “those”.

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

In paragraph (3), for “agents” substitute “counting observers”.

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 him/her 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 paragraph 2 of the Instructions to Voters, after “candidates.]”, insert—

“At the referendum, vote either “YES” or “NO”.”.

In the direction to returning officers after paragraph 2, after “election”, insert “or referendum”.

In paragraph 3 of the Instructions to Voters, after “voting for.”, insert “For the referendum, mark a cross (X) in the box on the right hand side of the ballot paper opposite the answer you are voting for.”

In paragraph 5 of those Instructions, after “election”, insert “referendum”.

In paragraph 6 of those Instructions, after “elections”, insert “referendums”.

On the front of the form, after “REPRESENTATION OF THE PEOPLE ACTS”, insert “[insert name of council] REFERENDUM”.

On the back of the form, in the Instructions to Voters—

In subsections (1) and (2), omit “fittings and compartments”.

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”.

Omit subsections (2)(b) and (c) and (3)(b) and (c).

Omit subsection (1).

In subsection (1), for “the poll is closed”, substitute “9 p.m. on the day of the referendum”.

Omit the definition of “allotted polling station”.

Omit paragraph (5).

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 him but without showing the particular ballot paper issued.

(1A) Secondly, he 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, he 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, he 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 the timetable, omit the entry in respect of polling.

In paragraph 1, for “poll” substitute “referendum”.

In paragraph (2)—

After “given by”, insert “postal”.

Omit paragraph (3).

In paragraphs (1) and (2), omit “taking the poll or”.

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, /d3>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 his 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 7(4)(d)(iii) of the 1983 Act in the case of a person registered in pursuance of a patient’s declaration.

(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.”.

Omit.

Omit paragraph (a).

Omit.

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 paragraph (2), for the words from “, counterfoils” to “poll” substitute “and counterfoils,”.

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

Omit the forms of—

In subsection (1), at the end of paragraph (c), insert

“or

(d)a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2001 and—

(i)a parliamentary election,

(ii)a European Parliamentary election, or

(iii)an ordinary local government election,”(43).

In subsection (2), after “related areas”, insert “or the polls at elections and a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2001 for related areas”.

In subsection (4)—

In subsection (5), after “any elections” insert “or at elections and a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2001”.

In subsection (1), at the end insert “; and as regards referendums under the Local Authorities (Conduct of Referendums) (England) Regulations 2001”.

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”.

For “elections for related areas” substitute “elections and a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2001 for related areas”.

After “the Act of 1985”, insert “, as applied by those Regulations”.

In sub-paragraph (a)—

For “regulation 78” substitute “regulation 65 of the Representation of the People (England and Wales) Regulations 2001”.

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) (England) Regulations 2001”.

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”.

After “polls at elections” insert “or polls at an election and a referendum”.

After “each election” insert “or, as the case may be, the election and the referendum”.

After “returning officers” insert “or, as the case may be, the returning officers and the counting officer at the referendum”.

For sub-paragraph (a) substitute “(a) the counting officer and his clerks;”.

In sub-paragraph (b), after “candidate”, insert “or those persons who, in accordance with regulation 13(5) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001, are entitled to attend at the counting of the votes.”.

Omit sub-paragraphs (c) and (d).

In paragraph (5)—

In paragraph (6), for “the poll at one election is taken with the poll at another election”, substitute “polls are taken together”.

In paragraph (1)—

In paragraph (2), after “election”, in the first two places where that word appears, insert “or referendum”.

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

After “Parliamentary electoral area”, insert “and referendum voting area”.

After “electoral region].]”, insert “and/or to vote for him/her at the referendum on (insert date)”.

In paragraph 2 of the note, after “election”, in each place, insert “or referendum”.

After paragraph (1) insert—

“(1A) The notice published under paragraph (1) shall—

(a)state that the poll is to be taken together with the poll at the referendum; and

(b)where the polls are to be taken together in part of the constituency only, specify that part.”.

Rule 23 (notice of poll)(47)

For use where the referendum poll is taken together with that at a parliamentary election

In paragraph (1), after “taken”, insert “and that the poll will be taken together with the poll at the referendum; and where the polls are to be taken together in part of the constituency only, specifying that part”.

In paragraph (2), after sub-paragraph (b), insert—

“(c)the taking of the poll together with the poll at the referendum; and

(d)if the polls are to be taken together in part of the constituency only, the part in which the polls are to be taken together.”.

Rule 23 (notice of poll)(48)

For use where the referendum poll is taken together with that at a European Parliamentary election

In paragraph (1), after “taken”, insert “and that the poll will be taken together with the poll at the referendum; and where the polls are to be taken together in part of the constituency only, specifying that part”.

In paragraph (2), after sub-paragraph (b), insert—

“(c)the taking of the poll together with the poll at the referendum; and

(d)if the polls are to be taken together in part of the constituency only, the part in which the polls are to be taken together.”.

In paragraph (3)—

Rule 28 (issue of official poll cards)

For use where the referendum poll is taken together with that at a parliamentary election

Add, at the end—

“(5) A single official poll card may be issued in respect of both the election and the referendum.”.

Rule 28 (issue of official poll cards)(49)

For use where the referendum poll is taken together with that at a European Parliamentary election

In paragraph (5), insert, at the end, “or referendum”.

Rule 29 (equipment of polling stations)(50)

The modification to paragraph (5) applies only where the referendum poll is taken together with that at a parliamentary election

In paragraph (4)—

In paragraph (5) after “exhibited” insert “, on paper of the same colour as that of the ballot papers for use at the election,”.

After paragraph (5) insert—

“(5A) In every compartment of every polling station there shall be exhibited, on paper of the same colour as that of the ballot papers for use at the referendum, the notice “Mark one box only. Put no other mark on the ballot paper, or your vote may not be counted.””.

In paragraph (8), after “particulars of the candidate”, insert “, or the answer,”.

After paragraph (9), insert—

“(9A) In relation to the poll at a referendum, paragraph (9) shall have effect as if, for “numbered”, “number of” and “the candidate whose particulars are”, there were substituted “worded”, “word on” and “the answer which is”, respectively.”.

In paragraph (10), after “tab”, insert “or, as the case may be, the word on each tab,”.

In paragraph (1), in sub-paragraph (b), after “agents appointed”, insert “, and any person appointed under regulation 11(3) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001, or rule 26(1) of the Local Elections (Principal Areas) Rules 1986, as applied for the purposes of referendums under those Regulations,”(52).

In paragraph (3) after “the prescribed form” insert

“with the following modifications—

(a)immediately below “REPRESENTATION OF THE PEOPLE ACTS” insert “[PARLIAMENTARY] [EUROPEAN PARLIAMENTARY] ELECTION AND LOCAL AUTHORITY REFERENDUM”;

(b)after “at the election” insert “and referendum”; and

(c)after “with the election” insert “and referendum””.

Rule 37 (voting procedure)(53)

The modification applies only where the referendum poll is taken together with that at a parliamentary election

Add at the end—

“(4) The same copy of the register of electors may be used under paragraph (1) for the election and the referendum and one mark may be placed in that register under paragraph (1)(d), or in the list of proxies under paragraph (1)(e), to denote that a ballot paper has been received in respect of both polls; except that, where a ballot paper has been issued in respect of one poll only, a different mark shall be placed in the register or in the list of proxies so as to identify the poll in respect of which the ballot paper was issued.”

Rule 38 (votes marked by presiding officer)(54)

The modification applies only where the referendum poll is taken together with that at a parliamentary election

At the end of paragraph (2) add—

“The same list may be used for both polls and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each poll, unless the list identifies the poll at which the ballot paper was so marked.”

Rule 39 (voting by persons with disabilities)(55)

The modification to paragraph (4) and the insertion of paragraph (4A) apply only where the referendum poll is taken together with that at a parliamentary election

In paragraph (2)—

In paragraph (3)(a), after “the election”, insert “or the referendum”.

In paragraph (4), for “whose vote is given”, substitute “whose votes are given”.

After paragraph (4) insert—

“(4A) The same list may be used for both polls and, where it is so used, an entry in that list shall be taken to mean that the votes were so given in respect of each poll, unless the list identifies the poll at which the vote was so given.”

Rule 40 (tendered ballot papers)

The modification applies only where the referendum poll is taken together with that at a parliamentary election

After paragraph (3) add—

“(3A) The same list may be used for both polls and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each poll, unless the list identifies the poll at which a tendered ballot paper was marked.”

Rule 43 (procedure on close of poll) of the Parliamentary Elections Rules(56)

For use where the referendum poll is taken together with that at a parliamentary election

After paragraph (1) insert—

“(1A) The contents of the packets referred to in sub-paragraphs (b), (c) and (e) of paragraph (1) shall not be combined with the contents of the packets made under those sub-paragraphs of the LGA Referendum Rules; nor shall the statement prepared under paragraph (3) be combined with the statement prepared under that paragraph of those Rules.”

Rule 43 (procedure on close of poll) of the European Parliamentary Elections Rules(57)

For use where the referendum poll is taken together with that at a European Parliamentary election

In rule 43—

After rule 43, insert rules 43A (attendance at verification of ballot paper accounts) and 43B (procedure at verification of ballot paper accounts), as set out in Schedule 1 to the European Parliamentary Elections Regulations 1999(58).

In rule 43B (as so inserted)—

Rule 44 (attendance at counting of votes) of the Parliamentary Elections Rules

For use where the referendum poll is taken together with that at a parliamentary election

In paragraph (1), after “returning officer” insert “who is discharging the functions specified in regulation 98 of the Representation of the People Regulations 1986”.

Rule 44 (attendance at counting of votes) of the European Parliamentary Elections Rules(59)

For use where the referendum poll is taken together with that at a European Parliamentary election

In paragraph (1), for sub-paragraphs (a) and (b), substitute “the material time”.

Rule 45 (the count) of the Parliamentary Elections Rules(60)

For use where the referendum poll is taken together with that at a parliamentary election

For paragraph (1) substitute—

“(1) The returning officer shall—

(a)in the presence of the counting agents and the counting observers open each ballot box and record the number of ballot papers in it;

(b)in the presence of the election agents and the counting observers verify each ballot paper account in accordance with paragraph (5) below;

(c)count such of the postal ballot papers as have been duly returned and record separately the number counted at each poll; and

(d)separate the ballot papers relating to the parliamentary election from the ballot papers relating to the referendum.”

Omit paragraph (2).

In paragraph (5), for the words from “a statement” to the end, substitute—

“a statement as to the result of the verification—

(a)in relation to the election; and

(b)in relation to the referendum.”.

After paragraph (5), insert—

“(5A) Any election agent may copy the statement referred to in paragraph (5)(a) and any counting observer may copy the statement referred to in paragraph (5)(b).

(5B) The returning officer shall—

(a)make up into packets the ballot papers for each referendum and seal them up in separate containers, endorsing on each a description of the area to which the ballot papers relate;

(b)deliver or cause to be delivered to the counting officer at the referendum to which the ballot papers relate—

(i)those containers, together with a list of them and of the contents of each; and

(ii)the ballot paper accounts, together with a copy of the statement as to the result of their verification in respect of that referendum; and

(c)at the same time deliver or cause to be delivered to that officer packets that so relate containing—

(i)the unused and spoilt ballot papers,

(ii)the tendered ballot papers, and

(iii)the counterfoils of the used ballot papers and the certificates as to employment on duty at the poll.

(5C) The returning officer shall mix together all of the ballot papers used at the election and proceed in accordance with the parliamentary election rules.

(5D) The counting officer shall mix together all of the ballot papers used at the referendum and proceed in accordance with the LGA Referendum Rules.”.

In paragraph (7), in sub-paragraph (a), after “election”, insert “and the referendum”.

Rule 45 (the count) of the European Parliamentary Elections Rules(61)

For use where the referendum poll is taken together with that at a European Parliamentary election

For paragraph (1), as substituted by paragraph 19 of Schedule 3 to the European Parliamentary Elections Regulations 1999, substitute—

“(1) The local returning officer shall open the packets referred to in rule 43B(8) above and mix together all of the ballot papers.”.

Rule 60 (countermand or abandonment of poll on death of candidate)

Add at the end of paragraph (1)—

“Provided that neither the countermand of the poll at the election nor the direction that the poll be abandoned shall affect the poll at the referendum.”.

Substitute for paragraph (2)—

(3) Where the poll at the election is abandoned, no further ballot papers for that election shall be delivered in any polling station and, at the close of the poll for the referendum, the presiding officer shall take the like steps for the delivery to the returning officer of ballot boxes and of papers and other documents as he would be required to do if the poll at that election had not been abandoned, and the returning officer shall dispose of ballot papers used at that election and other documents in his possession as he is required to do on the completion in due course of the counting of votes, but—

(a)it shall not be necessary for any ballot paper account to be prepared or verified; and

(b)the returning officer, having, where necessary, separated the ballot papers relating to the referendum, shall take no step or further step for the counting of the ballot papers or of the votes relating to the election and shall seal up all of those ballot papers, whether the votes on them have been counted or not; and

(c)it shall not be necessary to seal up counted and rejected ballot papers in separate packets.”

In the Appendix of Forms

In the form of declaration to be made by the companion of a voter with disabilities(62)—

Add at the end—

“(4) The notice published under paragraph (3) shall—

(a)state that the poll is to be taken together with the poll at the referendum; and

(b)where the polls are to be taken together in part of the local authority area only, specify that part.”

Add at the end—

“(5) A single official poll card may be issued in respect of both the election and the referendum.”

For paragraph (4) substitute—

“(4) A notice in the following form shall be printed in conspicuous characters and exhibited inside and outside every polling station—

“GUIDANCE FOR VOTERS

1.  When you are given ballot papers, make sure they are stamped with the official mark.

2.  Go to one of the voting compartments. Mark a cross (X) in the box on the right hand side of the ballot paper opposite the name(s) of the candidate(s) you are voting for. Vote only for the number of candidates specified on the ballot paper for the election.

3.  Put no other mark on the ballot paper or your vote may not be counted.

4.  Fold each ballot paper in two. Show the official mark on each ballot paper to the presiding officer, but do not let anyone see your vote. Put each ballot paper in the ballot box and leave the polling station.

5.  If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.”.”

For paragraph (5) substitute—

“(5) In every compartment of every polling station there shall be exhibited notices in the appropriate form, which shall be printed on paper of the same colour as that of the ballot papers for use at the election or referendum to which the notice in question relates.”

In paragraph (8), after “particulars of the candidate”, insert “, or the answer,”.

After paragraph (9), insert—

“(9A) In relation to the poll at a referendum, paragraph (9) shall have effect as if, for “numbered”, “number of” and “the candidate whose particulars are”, there were substituted “worded”, “word on” and “the answer which is”, respectively.”.

In paragraph (10), after “tab”, insert “or, as the case may be, the word on each tab,”.

In paragraph (l), after sub-paragraph (e), insert “(f) any person entitled under regulation 11(3) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001, or rule 26(1) of the Local Elections (Principal Areas) Rules 1986, as applied for the purposes of referendums under those Regulations,”(64)

In paragraph (3) after “Appendix” insert

“with the following modifications—

(a)immediately below “REPRESENTATION OF THE PEOPLE ACTS” insert “LOCAL GOVERNMENT ELECTION AND REFERENDUM”;

(b)after “at the election” insert “and referendum”; and

(c)after “with the election” insert “and referendum”.”.

After paragraph (3) insert—

“(4) The same copy of the register of electors may be used under paragraph (1) for the election and the referendum and one mark may be placed in that register under paragraph (1)(d), or in the list of proxies under paragraph (1)(e), to denote that a ballot paper has been received in respect of both polls; except that, where a ballot paper has been issued in respect of one poll only, a different mark shall be placed in the register or in the list of proxies so as to identify the poll in respect of which the ballot paper was issued.”

At the end of paragraph (2) add—

“The same list may be used for the poll at the election and the poll at the referendum and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each poll, unless the list identifies the poll at which the ballot paper was so marked.”

After paragraph (4) insert—

“(4A) The same list may be used for the poll at the election and the poll at the referendum and, where it is so used, an entry in that list shall be taken to mean that the votes were so given in respect of each poll, unless the list identifies the poll at which the vote was so given.”

At the end of paragraph (3) add—

“The same list may be used for the poll at the election and the poll at the referendum and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each poll, unless the list identifies the poll at which a tendered ballot paper was marked.”.

After paragraph (1) insert—

“(1A) The contents of the packets referred to in sub-paragraphs (b), (c) and (e) of paragraph (1) shall not be combined with the contents of the packets made under those sub-paragraphs of the LGA Referendum Rules; nor shall the statement prepared under paragraph (3) be combined with the statement prepared under that paragraph of those Rules.”

In paragraph (2), after sub-paragraph (d), insert—

“(e)any person entitled under regulation 13(5) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001”(66).

For paragraphs (1) and (2) substitute—

“(1) The returning officer shall—

(a)in the presence of the counting agents and the counting observers open each ballot box and record separately the number of ballot papers used in each poll;

(b)in the presence of the election agents and the counting observers verify each ballot paper account in accordance with paragraph (2) below;

(c)count such of the postal ballot papers as have been duly returned and record separately the number counted at each poll; and

(d)separate the ballot papers relating to the referendum from the ballot papers relating to the parliamentary election, the European Parliamentary election or, as the case may be, the ordinary election.

(1A) The returning officer shall—

(a)make up into packets the ballot papers for the referendum, and seal them up in separate containers, endorsing on each a description of the area to which the ballot papers relate;

(b)deliver, or cause to be delivered, to the counting officer for the referendum—

(i)the container of ballot papers relating to the referendum; and

(ii)the ballot paper account relating to the referendum, and a copy of the statement as to its verification; and

(c)at the same time deliver, or cause to be delivered, to that officer, packets that so relate containing—

(i)the unused and spoilt ballot papers;

(ii)the tendered ballot papers; and

(iii)the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll.

(2) The returning officer shall verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt ballot papers in his possession and the tendered votes (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and shall draw up a statement as to the result of the verification, which any election agent or counting observer present at the verification may copy.”

For paragraph (6) substitute—

“(6) The returning officer shall mix together all of the ballot papers used at the election and proceed in accordance with the election rules.

(6A) The counting officer shall mix together all of the ballot papers used at the referendum and proceed in accordance with the LGA Referendum Rules.”.

Add at the end of paragraph (1)—

“Provided that neither the countermand of the poll at the election nor the direction that the poll be abandoned shall affect the poll at the referendum.

Substitute for paragraph (2)—

“(2) Where the poll at the election is abandoned, no further ballot papers for that election shall be delivered in any polling station and, at the close of the poll for the referendum, the presiding officer shall take the like steps for the delivery to the returning officer of ballot boxes and of papers and other documents as he would be required to do if the poll at that election had not been abandoned, and the returning officer shall dispose of ballot papers used at that election and other documents in his possession as he is required to do on the completion in due course of the counting of votes, but—

(a)it shall not be necessary for any ballot paper account to be prepared or verified; and

(b)the returning officer, having, where necessary, separated the ballot papers relating to the referendum, shall take no step or further step for the counting of the ballot papers or of the votes relating to the election and shall seal up all of those ballot papers, whether the votes on them have been counted or not; and

(c)it shall not be necessary to seal up counted and rejected ballot papers in separate packets.””

In the Appendix

Form of declaration of identity for use where postal votes are combined

In the Form of declaration of identity—

In the Form of declaration of identity—

After “this electoral area” insert “and the referendum now being held in that area”.

After “said election” in each place insert “and that referendum”.

CMER 15(70)

LMER 16(71)

MER 16(72)

(the ballot papers)

Add at the end of paragraph (2)—

“(e)shall be of a different colour from that of any ballot papers used at the referendum the poll at which is taken together with the poll at the GLA election”

CMER 19

LMER 20

MER 20

(notice of poll)

Add at the end—

“(4) The notice published under paragraph (3) shall—

(a)state that the poll at the GLA election is to be taken together with the poll at a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2001; and

(b)specify the area in which the referendum is held.”

CMER 23

LMER 24

MER 24

(issue of official poll cards)

CMER 24

LMER 25

MER 25

(equipment of polling stations)

For paragraph (2), substitute—

“(2) The ballot papers shall, as the returning officer may decide, be placed—

(a)in a single ballot box; or

(b)in separate ballot boxes according to whether the votes given on them are cast in the election or the referendum.”.

For paragraph (4) in the CMER and LMER, substitute—

“(4) In every compartment of every polling station there shall be exhibited notices in the appropriate forms, which shall be printed on paper of the same colour as that of the ballot papers for use at the election or the referendum to which the notice in question relates.”

For paragraph (5) in the MER, substitute—

“(5) In every compartment of every polling station there shall be exhibited notices in the appropriate forms, which shall be printed on paper of the same colour as that of the ballot papers for use at the election or the referendum to which the notice in question relates.”

CMER 32

LMER 33

MER 33

(voting procedure)

Add at the end—

“(4) The same copy of the register of electors may be used under paragraph (1) for the election and the referendum.

(5) One mark may be placed in that register under paragraph (1)(d) to denote that a ballot paper has been received in respect of both the election and the referendum; except that, where a ballot paper has been issued in respect of either the election only, or the referendum only, a different mark shall be placed in the register so as to identify that the ballot paper was issued in respect of the election or, as the case may be, the referendum.”

CMER 39(1)

(attendance at counting of votes)

LMER 40(1)

(attendance at local count)

MER 40(1)

(attendance at local count)

For paragraph (1) substitute—

“(1) As soon as practicable after the close of the polls, the CRO shall make arrangements for counting the votes at the election and the referendum in the presence of—

(a)the counting agents appointed for the purposes of the GLA election; and

(b)the counting observers appointed for the purposes of the referendum,

and he shall give to those counting agents and counting observers notice in writing of the time and place at which he will begin to count the votes.”

CMER 39(2) to (5)

In paragraph (2), after subparagraph (d), insert—

“(e)any person entitled under regulation 13(5) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001 to attend at the counting of the votes at the referendum,”.

In paragraph (3)(a), before “the efficient” insert “the efficient separation and verification of the ballot papers or, as the case may be,”.

In paragraph (4), after “counting agents”, insert “and the counting observers”.

In paragraph (5)—

In paragraph (2), after sub-paragraph (d), insert—

“(e)any person entitled under regulation 13(5) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001 to attend at the counting of the votes at the referendum,”.

In paragraph (3)(a), before “the efficient” insert “the efficient separation and verification of the ballot papers or, as the case may be,”.

In paragraph (4), after “counting agents”, insert “and the counting observers”.

In paragraph (5)—

In paragraph (2), after sub-paragraph (d), insert—

“(e)any person entitled under regulation 13(5) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001 to attend at the counting of the votes at the referendum,”.

In paragraph (4), after “counting agents”, insert “and the counting observers”.

In paragraph (5)—

CMER 40

LMER 41

MER 41

(the count)

In paragraph (1)—

For paragraph (2), substitute—

“(2) After completion of the proceedings under paragraph (1), the returning officer shall mix together all of the ballot papers used at the GLA election and count the votes given on them.

(2A) Paragraph (6) does not apply to proceedings under paragraph (1) or (2).”.

CMER 50

LMER 51

MER 51

(delivery of documents)

CMER 51

LMER 58

MER 56

(countermand or abandonment of poll)

Add at the end of paragraph (1)—

“Provided that neither the countermand of the poll at the GLA election nor the direction that that poll be abandoned shall affect the poll at the referendum.”

(a)For “Ballot Paper No.” or, as the case may be, “Ballot Paper Nos.”, substitute “Ballot Paper No(s).”

(b)In paragraph 2 of the section entitled “INSTRUCTIONS TO THE VOTER”, for the words from the beginning to the end of the bracket substitute “*[At the ... ... ... ... election vote for one candidate only.] [At the ... ... ... ... election vote for no more than ... ... ... ... candidates.] [At the Mayoral election, vote once for your first choice and once for your second choice.] [At the referendum, vote “yes” or “no” by putting a cross (X) in one box only.] *complete or omit as appropriate.”

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 (1), substitute “(1) The counting officer shall publish notice of the referendum stating the date of the poll.”

In paragraph (2), substitute “referendum” for “election”, in both places.

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 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.

In paragraph (4)—

In paragraph (1)—

In paragraph (3)—

In paragraph (4), for “returning officer” substitute “counting officer”.

In paragraph (1)—

In paragraph (2), for “returning officer”, substitute “counting officer”.

In paragraph (1)—

In paragraph (2), for “An elector's”, substitute “A voter's”.

In paragraph (3)—

For paragraph (5) substitute—

“(5) An official poll card issued under this rule may be combined with the official poll card issued at an election or, as the case may be, another referendum.”.

In paragraph (1), for “returning officer”, in both places, substitute “counting officer”.

For paragraph (1A), substitute—

“(1A) The ballot papers shall, as the counting officer may decide, be placed—

(a)in a single ballot box; or

(b)in separate ballot boxes according to the referendum in which the votes given on them are cast.”.

In paragraph (3)—

For paragraph (5) substitute—

“(5) In every compartment of every polling station there shall be exhibited notices in the appropriate form, which shall be printed on paper of the same colour as that of the ballot papers for use at the referendum or election to which the notice in question relates.”.

In paragraph (8), after “particulars of the candidate”, insert “, or the answer,”.

After paragraph (9), insert—

“(9A) In relation to the poll at a referendum, paragraph (9) shall have effect as if, for “numbered”, “number of” and “the candidate whose particulars are”, there were substituted “worded”, “word on” and “the answer which is”, respectively.”.

In paragraph (10), after “tab”, insert “or, as the case may be, the word on each tab,”.

Omit paragraphs (1) to (3), (5), (7) and (11).

In paragraph (4)—

In paragraph (6)—

After paragraph (6), insert—

“(6A) Notice of the nomination of counting observers which is required by paragraph (6) to be given to the counting officer shall be given to the returning officer or counting officer who discharges the functions specified in regulation 98 of the Representation of the People Regulations 1986.”

In paragraph (8)—

In paragraph (9)—

In paragraph (10)—

In paragraph (12)—

In paragraph (1), after sub-paragraph (e), insert “(f) the polling observers and petition organisers, and the elected mayor (if any) of the council in respect of which the referendum is held.”

In paragraph (3) after “Appendix” insert

“with the following modifications—

(a)immediately below “REPRESENTATION OF THE PEOPLE ACTS” insert “LOCAL GOVERNMENT ELECTION AND REFERENDUM”;

(b)after “at the election” insert “and referendum”; and

(c)after “with the election” insert “and referendum””.

Omit paragraph (2).

For paragraphs (1) and (2) substitute—

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

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

(a)“Are you the person registered in the register of local government electors for this electoral 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?””.

For paragraph (4), substitute—

“(4) The same copy of the register of electors may be used under paragraph (1) for each referendum or, as the case may be, the referendum and the election.

(5) One mark may be placed in that register under paragraph (1)(d) or in the list of proxies under paragraph (1)(e) to denote that a ballot paper has been received in respect of each referendum or, as the case may be, the referendum and the election; except that—

(a)where the polls at two referendums are taken together, and a ballot paper has been issued in respect of one referendum only, different marks shall be placed in the register or, as the case may be, the list, so as to identify the referendum in respect of which the ballot paper was issued; and

(b)where the polls at a referendum and an election are taken together, and ballot papers have been issued in respect of either the referendum only, or the election only, different marks shall be placed in the register or, as the case may be, the list, so as to indicate whether the ballot paper was issued in respect of the referendum or the election.”.

For the words inserted by paragraph 10 of Schedule 4 to the Principal Areas Rules substitute—

“The same list may be used for both polls and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each poll, unless the list identifies the poll at which the ballot paper was so marked.”.

In paragraph (3), in sub-paragraph (a), for “an elector at the election”, substitute “a voter at the referendum”.

After paragraph (4), insert—

“(4A) The same list may be used for both polls and, where it is so used, an entry in that list shall be taken to mean that the votes were so given in respect of each poll, unless the list identifies the poll at which the vote was so given.”.

For the words inserted by paragraph 12 of Schedule 4 to the Principal Areas Rules substitute—

“The same list may be used for both polls, and where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each poll, unless the list identifies the poll at which a tendered ballot paper was marked.”.

In paragraph (1), after the words inserted by paragraph 13 of Schedule 4 to the Principal Areas Rules, insert—

“or, where the polls at two referendums are taken together, the counting officer by whom the functions specified in regulation 17(2) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001 are to be discharged.”.

For paragraph (1A), substitute the following—

“(1A) As regards each referendum or, as the case may be, the referendum and the election, the contents of the packets referred to in sub-paragraphs (b), (c) and (e) of paragraph (1) shall be kept separate; and the statements prepared under paragraph (3) shall not be combined.”

In paragraph (1B), (inserted by paragraph 14 of Schedule 4 to the Principal Areas Rules), at the end insert—

“or, where the polls at two referendums are taken together, the counting officer by whom the functions specified in regulation 17(2) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001 are to be discharged.”.

For paragraph (1), substitute—

“(1) The counting officer who is discharging the functions specified in regulation 17(2) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001 shall, in the presence of the counting observers—

(a)open each ballot box and record separately the number of ballot papers used in each referendum;

(b)count such of the postal ballot papers as have been duly returned and record separately the number counted in each referendum;

(c)separate the ballot papers relating to each referendum;

(d)verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt ballot papers in his possession and the tendered votes (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list), and shall draw up a statement as to the result of the verification, which any counting observer present at the verification may copy;

(e)make up into packets the ballot papers for each referendum, and seal them up in separate containers, endorsing on each a description of the area to which the ballot papers relate;

(f)deliver, or cause to be delivered, to the counting officer—

(i)the container of ballot papers relating to each referendum; and

(ii)the ballot paper account relating to each referendum, and a copy of the statement as to its verification; and

(g)at the same time deliver, or cause to be delivered, to that officer, packets that so relate containing—

(i)the unused and spoilt ballot papers;

(ii)the tendered ballot papers; and

(iii)the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll.”.

For paragraph (2), substitute—

“(2) After completion of the proceedings under paragraph (1), the counting officer for each referendum shall, separately as regards each referendum, mix together all of the ballot papers used at that referendum and count the votes given on them, and thereafter the proceedings in relation to each referendum shall be conducted in accordance with the LGA Referendum Rules.”.

In paragraph (3)(74)—

In paragraph (3A), in sub-paragraph (a), for “returning officer”, substitute “counting officer”.

In paragraphs (4) and (5), for “returning officer”, substitute “counting officer”.

In paragraph (6)—

In paragraph (7)—

In paragraph (8), for “returning officer”, substitute “counting officer”.

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

“(1) The returning officer shall—

(a)in the presence of the counting agents appointed for the purposes of the election and the counting observers, open each ballot box and record separately the number of ballot papers used in the election and the referendum;

(b)in the presence of the election agents appointed for the purposes of the election and the counting observers, verify each ballot paper account;

(c)count such of the postal ballot papers as have been duly returned and record separately the number counted at the election and the referendum;

(d)separate the ballot papers relating to the election from the ballot papers relating to the referendum;

(e)make up into packets the ballot papers for the election and the referendum, and seal them up in separate containers, endorsing on each a description of the area to which the ballot papers relate;

(f)deliver, or cause to be delivered, to the counting officer—

(i)the container of ballot papers relating to the referendum; and

(ii)the ballot paper account relating to the referendum, and a copy of the statement as to its verification; and

(g)at the same time deliver, or cause to be delivered, to that officer, packets that so relate containing—

(i)the unused and spoilt ballot papers;

(ii)the tendered ballot papers; and

(iii)the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll.

(2) After completion of the proceedings under paragraph (1), the counting officer shall mix together all of the ballot papers used at the referendum and count the votes given on them; and thereafter the proceedings in relation to the referendum shall be conducted in accordance with the LGA Referendum Rules.”.

In paragraph (6), after “election agent”, insert “or counting observer present at the verification”.

Add at the end of paragraph (1)—

“Provided that neither the countermand of the poll at the election nor the direction that the poll be abandoned shall affect the poll at the referendum.”

Substitute for paragraph (2)—

“(2) Where the poll at the election is abandoned, no further ballot papers for that election shall be delivered in any polling station and, at the close of the poll for the referendum, the presiding officer shall take the like steps for the delivery to the returning officer of ballot boxes and of papers and other documents as he would be required to do if the poll at that election had not been abandoned, and the returning officer shall dispose of ballot papers used at that election and other documents in his possession as he is required to do on the completion in due course of the counting of votes, but—

(a)it shall not be necessary for any ballot paper account to be prepared or verified; and

(b)the returning officer, having, where necessary, separated the ballot papers relating to the referendum, shall take no step or further step for the counting of the ballot papers or of the votes relating to the election and shall seal up all of those ballot papers, whether the votes on them have been counted or not; and

(c)it shall not be necessary to seal up counted and rejected ballot papers in separate packets.”

The Appendix of Forms:

Form of declaration of identity for use where postal ballots are taken together

On the front of the form, after

“REPRESENTATION OF THE PEOPLE ACTS”, insert—

“[INSERT NAME OF COUNCIL] REFERENDUM”.

On the back of the form—

The Appendix of Forms:

Form of declaration of identity for use unless postal ballots are taken together

On the front of the form, for

“REPRESENTATION OF THE PEOPLE ACTS” substitute—

“[INSERT NAME OF COUNCIL] REFERENDUM”.

On the back of the form—

The Appendix of Forms:

Form of directions for the guidance of the voters in voting

Substitute—

“GUIDANCE FOR VOTERS

1.  When you are given ballot papers, make sure they are stamped with the official mark.

2.  Go to one of the voting compartments. Mark a cross (X) in the box on the right hand side of the ballot paper opposite the name(s) of the candidate(s) you are voting for. Vote only for the number of candidates specified on the ballot paper for the election.

3.  Put no other mark on the ballot paper or your vote may not be counted.

4.  Fold each ballot paper in two. Show the official mark on each ballot paper to the presiding officer, but do not let anyone see your vote. Put each ballot paper in the ballot box and leave the polling station.

5.  If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.”.

The Appendix of Forms:

Form of declaration to be made by the companion of a voter with disabilities

Where the polls at two referendums are combined

For “election now being held in this electoral area” substitute “referendums now being held in the county and the (specify the relevant district or, as the case may be, the relevant districts”).

For “said election”, in both places, substitute “the referendums”.

Where the polls at two referendums are combined with the poll at an election

After “election now being held in this electoral area” insert “and referendums now being held in (specify the relevant county and district or, as the case may be, the relevant districts)”.

After “said election”, in both places, insert “and the referendums”.

In subsection (1)—

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

In subsections (3) and (4), omit “and Wales”.

In subsection (1), for “under the local government Act” substitute “under the Local Authorities (Conduct of Referendums) (England) Regulations 2001”;

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 19 of the Local Authorities (Conduct of Referendums) (England) Regulations 2001,”.

Omit subsection (9).

In subsection (1), for “and Wales under the local government Act”, substitute “under the Local Authorities (Conduct of Referendums) (England) Regulations 2001”.

In subsection (3), in paragraph (a), for “and Wales under the local government Act”, substitute “under the Local Authorities (Conduct of Referendums) (England) Regulations 2001”.

In subsection (1)—

In subsection (1), after “section 131 above”, insert “as applied by regulation 19 of the Local Authorities (Conduct of Referendums) (England) Regulations 2001”.

In subsection (1)—

In subsection (2), in paragraph (b), for “a petition questioning an election under the local government Act” substitute “a referendum petition within the meaning of regulation 19 of the Local Authorities (Conduct of Referendums) (England) Regulations 2001”.

In subsection (1), in paragraph (a), for “all election petitions”, substitute “all referendum petitions within the meaning of regulation 19 of the Local Authorities (Conduct of Referendums) (England) Regulations 2001”.

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 he 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 (1), omit “, but this subsection does not apply to Scotland in relation to an election of councillors”.

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 19(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) (England) Regulations 2001, 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 19 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 from the beginning to “local government Act”, substitute—

“(3) In the case of a referendum petition under the Local Authorities (Conduct of Referendums) (England) Regulations 2001,”.

In subsection (1) omit paragraph (a).

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

Omit subsection (4).

In subsection (1), omit paragraph (b).

In subsection (1)—

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

After the definition of “the Act” insert—

““the 2001 Regulations” means the Local Authorities (Conduct of Referendums) (England) Regulations 2001;”.

After the definition of “local election petition” insert—

““referendum petition” means a petition under the 2001 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 2001 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) (England) Regulations 2001 (“the 2001 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 21(3) of the 2001 Regulations]*.

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