Licensing Act 1964

Sections 66, 67.

SCHEDULE 8Polls in Wales and Monmouthshire

1The local election rules set out in Schedule 2 to the Representation of the People Act 1949, and any regulations made under section 42 of that Act, shall, in their application to polls under section 66 of this Act, have effect subject to the following paragraphs of this Schedule.

2Part I of the rules (except in so far as by rule 3 it fixes the hours of the poll), Pant II and Part IV shall not apply, nor in Part III rules 20, 26, 32, 36, 42 and 45.

3The remaining rules shall apply with the omission of any passage relating to candidates or their election, polling or counting agents, or to other matters not relevant to a poll under section 66 of this Act; and no person's agreement shall be required to a returning officer interrupting the counting of the votes between eight o'clock in the evening and nine o'clock on the following morning.

4Forms B to E in the appendix to this Schedule shall be substituted for the corresponding passages in the local election rules or the appendix thereto ; and where, in accordance with rule 27, subsections (1), (2), (3) and (6) of section 53 of the Representation of the People Act 1949 are to be read to a person before he makes the declaration of secrecy, they shall be read with the modifications provided for by section 67(5)(i) of this Act.

5(1)Regulations made under section 42 of the Representation of the People Act 1949 may, so far as they relate to voting by proxy or by post or to matters connected therewith, make special provision in connection with polls under section 66 of this Act; but subject to any such provision the regulations shall apply—

(a)with the omission of any passage relating to candidates or their agents or to other matters not relevant to such a poll; and

(b)with the substitution for any reference to the last day for the delivery of nomination papers of a reference to the last day for delivery of requisition papers under section 66 of this Act; and

(c)as if any provision requiring section 53(4) of the Representation of the People Act 1949 to be read to a person making a declaration of secrecy required it to be read with the modification provided for by section 67(5)(i) of this Act;

and any form prescribed by any such regulations in connection with voting by proxy or by post shall be used with such modifications (if any) as may be approved by the Secretary of State as necessary to adapt it for the purposes of a poll under section 66 of this Act.

(2)If the date for the poll is altered after any postal ballot papers have been issued, then—

(a)on any later issue the covering envelopes enclosed for the return of declarations, of identity and ballot papers shall be readily distinguishable from those enclosed on the previous issue (that is to say, the issue before the alteration of the date), and there shall be enclosed a notice calling attention to the change of date and stating that documents sent out on the previous issue are not to be used ;

(b)any covering envelopes of the previous issue sent to the returning officer shall on receipt be dealt with in the same way as covering envelopes of later issues, but, on the opening of the ballot boxes provided for covering envelopes, those of the previous issue shall be marked " rejected", shall be set aside unopened, and thereafter shall be dealt with in the same way as other rejected votes ;

(c)save as aforesaid, the previous issue shall be disregarded for all purposes.

6(1)In a county the county returning officer, and in a county borough divided into wards the mayor, may make arrangements for the votes to be counted not by electoral areas, but for the county or county borough as a whole or by such divisions of it as he thinks most convenient, and where arrangements are so made, the counting for the county or county borough as a whole or for each division of it, as the case may be, shall be carried out as it would be if that were the electoral area for which an election were being held, except that in a county borough the mayor shall act as returning officer in relation to the counting of the votes, but shall have the like powers in relation to the appointment of deputies as a county returning officer has.

(2)Where the votes are counted otherwise than for the county or county borough as a whole, then on the completion of the counting or any recount for an electoral area or other division the person acting as returning officer for the purpose (if he is not the county returning officer or mayor) shall forthwith notify the county returning officer or mayor of the number of voltes counted on either side, but no other step shall be taken (except proper steps for the security of the ballot papers and other documents) unless or until it is ascertained that there is not to be a recount or further recount.

(3)Where it appears to the county returning officer or mayor, on the completion of the counting for the whole county or county borough, that (the number of votes counted does not show a majority of more than one hundred for either side, he shall cause the votes to be re-counted and, if the decision on the poll according to the recount would differ from the decision according to the original count, to be again re-counted, and the recount or, if there is one, second recount shall be treated as determining the number of votes cast on either side.

(4)The number of votes cast on either side shall in a county be notified by the county returning officer to the chairman of the county council.

7(1)At a poll in a county or county borough any local government elector for the county or county borough may claim to attend the counting of the votes as an observer, by giving to the county returning officer or mayor within seven days of the end of the period allowed for delivering requisition papers a written notice signed by the elector -and stating his address, and subject to sub-paragraph (2) of this paragraph he shall then have the same nights and obligations and be in all respects in the same position (as nearly as may be) in relation to the counting as a counting agent appointed by a candidate at an election of a councillor for the county or borough, except that his agreement shall not be required to any interruption of the counting.

(2)There shall not be allowed to attend the counting of the votes at any place a greater number of observers under this paragraph than the number of clerks employed there in the counting, or any observer not duly notified of the time and place of counting ; and the persons to be allowed to attend as observers in any case shall be designated by the county returning officer or mayor.

(3)Where on any poll a greater number of persons claim to attend the counting as observers than is allowed under sub-paragraph (2) of this paragraph, the county returning officer or mayor in choosing between them shall have regard to their opinions about Sunday opening (if known to him) with the aim of designating, as far as he can, those for and those against Sunday opening in equal numbers.

(4)A local government elector may in like manner claim to attend the proceedings on the issue and receipt of postal ballot papers, as well as or instead of the counting of the votes, and the foregoing sub-paragraphs shall apply with the necessary modifications of the references to the counting or to a counting agent; but the number to be allowed to attend on any occasion shall be restricted to such number as the county returning officer or mayor may decide to be reasonable in the circumstances.

APPENDIX OF FORMS

A. Form of requisition paper

B. Form of, and directions for printing, ballot paper

C. Form of directions for the guidance of voters in voting

D. Form of declaration to be made by the companion of a blind person

E. Questions which may be put to voters