SCHEDULES
SCHEDULE 4Application to the referendum of existing provisions
PART 1Representation of the People Act 1983
1
1
The provisions of the 1983 Act listed in the first column of the table apply for the purposes of the referendum.
2
In their application by virtue of this paragraph, those provisions have effect—
a
with the modifications (if any) shown in the second column of the table, and
b
with any other necessary modifications, including in particular those set out in sub-paragraph (3).
3
Except where the context otherwise requires—
a
a reference to a provision that is applied by this Schedule has effect as a reference to that provision as so applied;
b
expressions are to be construed in accordance with the definitions in section 7 of this Act and rule 53 of the referendum rules.
4
The provisions of the 1983 Act that apply for the purposes of the referendum by virtue of this paragraph are in addition to the provisions of that Act that would apply for those purposes in any event.
Provision | Modification |
---|---|
Section 13C(5) (validity of electoral identity card in Northern Ireland) | For “subsection (4) above and rule 37E(1) in Schedule 1 to this Act” substitute |
Section 47 (loan of equipment) | In subsection (1), for “the returning officer at a local government election” substitute In subsection (2), for “the returning officer at an election held under those Acts” substitute |
Section 49 (effect of registers) | In subsection (4)—
In subsection (5) omit “prevent the rejection of the vote on a scrutiny, or”. |
Section 50 (effect of misdescription) | In paragraph (c)—
|
Section 52 (discharge of registration duties) | The Secretary of State may give a direction under section 52(1) only if it is in accordance with a recommendation made by the Electoral Commission. In subsections (1), (2) and (4), after “this Act” insert In subsection (1), after the first “this Act” insert |
Section 56(3) to (4A) (registration appeals: England and Wales) | In subsection (3)—
In subsection (4A), for “that election” substitute |
Section 57 (registration appeals: Scotland) | Section 57 applies for the purposes of the referendum only in so far as it applies section 56(3) to (4A). |
Section 58(3) to (5) (registration appeals: Northern Ireland) | In subsection (3)—
In subsection (5), for “that election” substitute |
Section 60 (personation) | In subsection (2), for “at a parliamentary or local government election” substitute |
Section 61 (other voting offences) | For subsections (1) to (4) substitute—
In subsection (6A), for the words from “ballot paper” to the end substitute Omit subsection (6B). In subsection (7)—
|
Section 62A(1) to (5) (applications for absent voting: offences) | In subsection (1)(a), omit “at a parliamentary or local government election”. In subsection (2)(c), for “returning officer” substitute |
Section 63 (breach of official duty) | For subsections (3) and (4) substitute—
|
Section 65 (tampering with papers) | In subsection (1)—
For subsection (2) substitute—
In subsection (3), for “a returning officer” substitute |
Section 66(1) to (6) (requirement of secrecy) | In subsection (1), for paragraphs (a) to (d) substitute—
In subsections (2)(b), (3)(b) and (c), (4)(d) and (5), for “the candidate for whom” substitute In subsection (3)(d), for “the name of the candidate for whom” substitute In subsection (5)—
|
Section 66A (prohibition on publication of exit polls) | In subsection (1), for “an election to which this section applies”, and for “the election”
(in both places), substitute Omit subsection (2). In subsection (4), for the words after “whatever means” substitute— |
Section 66B (failure to comply with conditions relating to supply etc of documents) | In subsection (1)(a), for “regulations under rule 57 of the parliamentary election rules” substitute |
Section 92 (broadcasting from outside UK) | In subsection (1)—
In subsection (2), after “section 173 below” insert |
Section 94(1) (imitation poll cards) | For “the election of any candidate at a parliamentary election or a local government election to which this section applies” substitute |
Section 97 (disturbances at meetings) | For subsection (2) substitute—
|
Section 99 (officials not to act for candidates) | For subsection (1) substitute—
|
Section 100 (illegal canvassing by police officers) | In subsection (1), for the words after “proxy” substitute |
Section 109 (payments for exhibition of election notices) | In subsection (1), for “the election of a candidate at an election” substitute In subsection (2), for “an election” substitute |
Section 111 (prohibition of paid canvassers) | For “an election” substitute For “a candidate's election” substitute |
Section 112(a) and (c) (providing money for illegal purposes) | |
Section 113 (bribery) | In subsection (2)—
In subsection (3), for “at any election”
(in both places) substitute In subsections (4), (5) and (6), for “an election” substitute |
Section 114 (treating) | In subsection (2), for “an election” substitute |
Section 115 (undue influence) | |
Section 116(a) (rights of creditors) | |
Section 117(2) (saving for employees to be absent for voting) | For “parliamentary electors” substitute For “at a parliamentary election” substitute In paragraphs (b) and (c), for “any particular candidate at the election” substitute |
In section 118 (interpretation), the definitions of “money”, “pecuniary reward” and “payment” | |
Section 167(1) to (2) (application for relief) | For subsection (1) substitute—
In subsection (2)(c), omit the words from “in the constituency” to “was held,”. |
Sections 168(1) and (7), 169 and 170 (prosecutions for corrupt and illegal practices) | |
Section 175(1) and (3) (prosecution for illegal employment) | |
Section 176 (time limit for prosecutions) | In subsection (2C), for “rule 57 of the parliamentary elections rules” substitute In subsection (2D), for paragraph (a) substitute—
|
Section 178 (prosecution of offences committed outside the UK) | |
Section 179 (offences by associations) | Omit paragraph (b). |
Section 181(1) (Director of Public Prosecutions) | |
Section 184 (service of notices) | In subsection (1)—
|
In section 185 (interpretation), the definitions of “payment” and “Licensing Acts” | |
Section 186 (computation of time) | |
Section 199B(1) to (9) (translations etc of certain documents) | In subsection (1)—
In subsection (4) omit paragraph (a). For subsections (5) and (6) substitute—
In subsection (7)—
In subsection (9), for “returning officer” substitute |
In section 202 (interpretation), the definitions in subsection (1) of “legal incapacity”, “legal process”, “person”, “prescribed” and “universal postal service provider”; and subsection (2) | In the definition of “prescribed”, after “regulations” insert |
Section 204(3), (5) and (8) (general application to Scotland) | |
Section 205 (general application to Northern Ireland) |
2
1
In relation to England and Wales or Scotland, section 13B of the 1983 Act has effect for the purposes of the referendum as if a reference to an election to which that section applies included a reference to the referendum.
2
In relation to Northern Ireland, section 13BA of the 1983 Act has effect for the purposes of the referendum as if—
a
a reference to an election to which that section applies included a reference to the referendum,
b
a reference to the final nomination day included a reference to the eleventh day before the date of the poll for the referendum,
c
a reference in subsection (4) to an election included a reference to the referendum, and
d
subsection (4)(b) referred also to the postal voters list or list of proxies kept for the referendum under paragraph 16(2) or (3) of Schedule 3.
3
A reference in any enactment to section 13B or 13BA of the 1983 Act includes (where the context allows) a reference to that section as modified by this paragraph.
4
Sub-paragraph (3) has effect, in relation to any register, until the first publication after the referendum of a revised version of the register under section 13 of the 1983 Act.
3
In sections 173 and 173A of the 1983 Act (which relate to incapacities where a person has been convicted of a corrupt or illegal practice) a reference to a person convicted of a corrupt or illegal practice includes a reference to a person convicted of such a practice under a provision of the 1983 Act applied by paragraph 1.