SCHEDULE 1
PART IQUESTIONS TO BE ASKED IN A REFERENDUM
1
Are you in favour of the proposal for [insert name of local authority] to be run in a new way, which includes a mayor, who will be elected by the voters of that [insert “borough”, “city”, “county” or “district”, as appropriate], to be in charge of the Council’s services and to lead [insert name of local authority] and the community which it serves?
2
Are you in favour of the proposal for [insert name of local authority] to be run in a new way, which includes a mayor, who will be elected by the voters of that [insert “borough”, “city”, “county”, or “district”, as appropriate], to lead [insert name of local authority] and the community which it serves?
3
Are you in favour of the proposal for [insert name of local authority] to be run in a new way, which includes a councillor, who will be elected by the councillors of [insert name of local authority], to lead the Council and the community which it serves?
PART IIFORM OF FRONT OF BALLOT PAPER
PART III
SCHEDULE 2MATTERS RELEVANT TO REFERENDUM EXPENSES
1
a
Advertising of any nature (whatever the medium used).
Expenses in respect of such advertising include agency fees, design costs and other costs in connection with preparing, producing, distributing or otherwise disseminating such advertising or anything incorporating such advertising and intended to be distributed for the purpose of disseminating it.
b
Unsolicited material addressed to electors (whether addressed to them by name or intended for delivery to households within any particular area or areas).
Expenses in respect of such material include design costs and other costs in connection with preparing, producing or distributing such material (including the cost of postage).
c
Any material of a description referred to in regulation 5(1) of these Regulations.
d
Market research or canvassing conducted for the purpose of ascertaining voting intentions.
e
The provision of any services or facilities in connection with press conferences or other dealings with the media.
f
Transport (by any means) of persons to any place or places with a view to obtaining publicity in connection with a referendum campaign.
Expenses in respect of the transport of such persons include the costs of hiring a particular means of transport for the whole or part of the referendum period.
g
Rallies and other events, including public meetings organised so as to obtain publicity in connection with a referendum campaign or for other purposes connected with a referendum campaign.
Expenses in respect of such events include costs in connection with the attendance of persons at such events, the hire of premises for the purposes of such events or the provision of goods, services or facilities at them.
2
Nothing in paragraph 1 shall be taken as extending to—
a
any expenses in respect of any property, services or facilities so far as those expenses fall to be met out of public funds;
b
any expenses incurred in respect of the remuneration or allowances payable to any member of the staff of the campaign organiser;
c
any expenses incurred in respect of an individual by way of travelling expenses (by any means of transport) or in providing for his accommodation or other personal needs to the extent that the expenses are paid by the individual from his own resources and are not reimbursed to him.
SCHEDULE 3APPLICATION, WITH MODIFICATIONS, OF ACTS AND STATUTORY INSTRUMENTS
(1) | (2) |
---|---|
Provision | Modification |
Section 12 (changes relating to absent voting at elections in Great Britain) | In subsection (1), at the end insert “; and as regards referendums under the Local Authorities (Conduct of Referendums) (England) Regulations 2001”. |
Schedule 4 (absent voting in Great Britain) | 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”. |
(1) | (2) |
---|---|
Provision | Modification (if any) |
Section 13B (alteration of registers: pending elections)38 | 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.” |
Section 31(1) and (3) (polling districts and stations at local government elections) | In subsection (1)—
In subsection (3), for “local government elections” substitute “referendums”. Omit “mentioned in subsections (1) to (3) above”. |
Section 35(4) (appointments by returning officers) | For “subsections (1) to (3)”, substitute “subsection (1) or (3)”. |
Section 36(4) and (6) (returning officer’s expenditure at local election)39 | 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. |
Section 47 (loan of equipment for local elections)40 | In subsection (1), for “the returning officer at a local government election”, substitute “the counting officer at a referendum”. In subsection (2)—
|
Section 49(4) and (5) (effect of registers)41 | In subsection (4), omit “parliamentary or”. In subsection (5), omit “parliamentary or” and “prevent the rejection of the vote on a scrutiny or”. |
Section 60 (personation) | Omit “parliamentary or”. |
Section 61 (other voting offences)42 | 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—
In subsection (7), omit paragraph (b) and the word “and” immediately preceding it. |
Section 65 (tampering with papers)43 | In subsection (1)—
In subsection (3), for “clerk”, substitute “person”. |
Section 66 (requirement of secrecy)44 | For subsection (1)(b) substitute—
|
Section 66A (prohibition on publication of exit polls)45 | In subsection (2)—
In subsection (4), omit the words after the definition of “publish”. |
Section 92 (broadcasting from outside the United Kingdom)46 | In subsection (1), after “local government election” insert “or referendum”. |
Section 94 (imitation of poll cards)47 | 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,”. |
Section 96 (schools and rooms for local election meetings)48 | For subsection (1) substitute—
Omit subsection (2). In subsection (3)—
In subsection (4)—
After subsection (4) insert—
|
Section 97 (disturbances at election meetings)49 | For subsection (2), substitute—
|
Section 100(1) and (2) (illegal canvassing by police offiers)50 | 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”. |
Section 109 (payments for exhibition of election notices) | |
Section 110 (printer’s name and address on election publications)51 | Omit subsection (12). |
Section 111 (prohibition of paid canvassers) | |
Section 112 (providing money for illegal purposes) | |
Sections 113 to 115 (bribery, treating and undue influence) | |
Section 116 (rights of creditors) | Omit paragraphs (b) and (c). |
Section 118 (interpretation of Part II), the definitions of “money”, “pecuniary reward” and “payment” | |
Section 119 (computation of time for purposes of Part II) | In subsection (1), in paragraph (b), after “disregarded”, insert
|
Section 167 (application for relief)52 | |
Sections 168 to 170 (prosecutions for corrupt and illegal practices)53 | |
Subsections (1)(a)(i), (2) and (3) of section 173 (incapacities on conviction of corrupt or illegal practice)54 | In subsection (1)(a)(i), after “Great Britain”, insert “or at any referendum”. |
Section 174 (mitigation and remission etc.)55 | |
Section 175 (illegal payments etc.)56 | Omit subsection (2). |
Section 176 (time limit for prosecutions)57 | |
Section 177 (summary trial) | 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”. |
Section 178 (prosecution of offences committed outside the United Kingdom)58 | |
Section 179 (offences by associations) | |
Section 181(1) (Director of Public Prosecutions)59 | |
In section 185 (interpretation of Part III)60, the definitions of “judicial office”, “money” and “pecuniary reward”, “payment” and “public office” | |
Section 200(1) and (2) (public notices, and declarations)61 | |
Section 202 (interpretation), the definitions in subsection (1) of “the absent voters' list”, “citizen of the Union” and “relevant citizen of the Union”, “elector”, “legal incapacity”, “the list of proxies”, “person” and “voter” and subsection (2)62 | 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”. |
Section 203(1) (local government provisions as to England and Wales)63 | In subsection (1), insert at the end—
|
(1) | (2) |
---|---|
Provision | Modification (if any) |
Rule 1 (timetable) | 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”. |
Rule 2 (computation of time) | See regulation 22. |
Rule 3 (notice of election) | For paragraph (1), substitute “(1) The counting officer shall publish notice of the referendum, stating the date of the poll.” |
Rule 13 (poll to be taken by ballot) | Omit the words from “, the result” to the end. |
Rule 15 (the official mark) | For paragraph (2) substitute—
In paragraph (3) omit “at the same election”. |
Rule 16 (prohibition of disclosure of vote) | |
Rule 17 (use of schools and public rooms)65 | |
Rule 18 (notice of poll) | In paragraph (1), for sub-paragraphs (b) to (d), substitute—
For paragraph (2) substitute—
. In paragraph (3), omit the words from “and he shall” to the end. |
Rule 19 (postal ballot papers)66 | |
Rule 20 (provision of polling stations) | In paragraph (3), omit “unless that place is outside the electoral area”. |
Rule 21 (appointment of presiding officers and clerks) | In paragraph (1), omit the words from “but he shall not appoint” to the end. |
Rule 22(1) to (4) (issue of official poll cards) | For paragraph (3)(a) substitute—
|
Rule 23 (equipment of polling stations)67 | For paragraph (5) substitute—
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”. |
Rule 24 (appointment of polling and counting agents) | Omit paragraphs (1) to (3). In paragraph (4)—
Omit paragraph (5). For paragraph (6) substitute—
Omit paragraph (7). In paragraph (8)—
In paragraph (9)—
In paragraph (10)—
Omit paragraph (11). In paragraph (12)—
|
Rule 25 (notification of requirement of secrecy) | |
Rule 26(1), (3) and (4) (admission to polling station)68 | In paragraph (1)—
|
Rule 27 (keeping of order in station) | |
Rule 28 (sealing of ballot boxes) | |
Rule 29 (questions to be put to voters) | For paragraphs (1) and (2) substitute—
|
Rule 30 (challenge of voters) | In paragraph (1), for “a candidate or his election or polling agent”, substitute “any petition organiser or polling observer permitted to be present in accordance with rule 26, as modified”. |
Rule 31 (voting procedure) | |
Rule 32 (votes marked by presiding officer) | In paragraph (1), for “polling agents”, substitute “polling observers (if any)”. |
Rule 33 (voting by persons with disabililties)70 | |
Rule 34 (tendered ballot papers) | |
Rule 35 (spoilt ballot papers) | |
Rule 36 (adjournment of poll in case of riot) | |
Rule 37 (procedure on close of poll)71 | In paragraph (1), for “polling agents” (in both places) substitute “polling observers (if any)”. |
Rule 39 (the count)72 | 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”. |
Rule 40 (re-count) | 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”. |
Rule 41(1), (3) to (5) (rejected ballot papers) | In paragraph (1)—
In paragraph (4)—
In paragraph (5)—
|
Rule 42 (decisions on ballot papers) | |
Rule 43 (equality of votes) | 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.”. |
Rule 44 (declaration of result) | Substitute—
|
Rule 45 (sealing up of ballot papers) | In paragraph (1), omit “contested” and “, including ballot papers rejected in part”. |
Rule 46 (delivery of documents)73 | 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”. |
Rule 47 (orders for production of documents) | In paragraph (1), omit “, including ballot papers rejected in part”. |
Rule 48 (retention and public inspection of documents) | |
The Appendix of Forms: Form of declaration of identity | On the front of the form, for “REPRESENTATION OF THE PEOPLE ACTS” substitute—
On the back of the form—
|
Elector’s official poll card | On the front of the card—
On the back of the card—
|
Proxy’s official poll 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”. |
Form of directions for guidance of the voters in voting | In paragraph 2—
Omit paragraph 4 and renumber paragraph 5. |
Form of certificate of employment | For “REPRESENTATION OF THE PEOPLE ACTS” and “ELECTION IN THE” substitute—
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”. |
Form of declaration to be made by the companion of a voter with disabilities74 | 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]”. |
(1) | (2) |
---|---|
Provision and, if of limited application, relevant circumstances | Modification (if any) |
In paragraph (1) of regulation 3 (interpretation), the definitions of “1983 Act”, “1985 Act”, “2000 Act”, “available for inspection”, “register” and “registration officer”. | |
Paragraph (2) of regulation 3 | At the end of sub-paragraph (b), insert
|
Paragraphs (3) and (4) of regulation 3. | |
Sub-paragraph (b) of paragraph (1) of regulation 4 (forms) and, to the extent of Form E in Schedule 3, paragraph (2) of that regulation. | |
Regulation 5 (communication of applications, notices, etc.) | |
Regulation 6 (electronic signatures and related certificates) | |
Regulation 7 (copies of documents) | |
Regulation 8 (time) | |
Regulation 11 (interference with notices) | |
Regulation 50 (interpretation of Part IV) | |
Regulation 51 (general requirements for applications for an absent vote) | In paragraph (4), in sub-paragraph (b)—
In paragraph (5)—
|
Regulation 52 (additional requirements for applications for the appointment of a proxy) | |
Regulation 55 (additional requirements for applications for a proxy vote in respect of a particular election) | |
Regulation 56 (closing dates for applications) | In paragraphs (1) to (5), after “election”, in each place, insert “or referendum”. In paragraph (7)(b), after “election” insert “or referendum”. |
Regulation 57 (grant or refusal of applications) | Omit paragraph (6). |
Regulation 58 (notice of appeal) | |
Regulation 59 (cancellation of proxy appointment) | |
Regulation 61 (records and lists kept under Schedule 4) | Omit paragraph (1). In paragraph (3), omit sub-paragraph (b) and the word “and” immediately preceding it. |
Regulation 62 (marked register for polling stations) | |
Regulation 64 (interpretation of Part V) other than the definition of “agent” | |
Regulation 65 (combination of polls), where polls are combined in accordance with regulation 14(1), (7) or (11) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001. | 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”. |
Regulation 66 (forms of declaration of identity) | Omit “in Form G at a parliamentary election taken alone;”. |
Regulation 67 (persons entitled to be present at proceedings on issue of postal ballot papers) | |
Regulation 68 (persons entitled to be present at proceedings on the receipt of postal ballot papers) | For sub-paragraphs (a) to (d) substitute—
|
Regulation 70 (notification of requirement of secrecy) | |
Regulation 71 (time when postal ballot papers are to be issued) | |
Paragraphs (1) to (4) of regulation 72 (procedure on issue of postal ballot papers) and, where polls are combined in accordance with regulation 14(1), (7) or (11) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001, paragraphs (5) and (6) | 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”. |
Regulation 73 (refusal to issue postal ballot paper) | |
Paragraphs (1) to (3) of regulation 74 (envelopes) and, where polls are combined in accordance with regulation 14(1), (7) or (11) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001, paragraph (4) | 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)”. |
Regulation 75 (sealing up of counterfoils and security of special lists) | |
Regulation 76 (delivery of postal ballot papers to post office) | |
Paragraphs (1) and (3) to (8) of regulation 77 (spoilt ballot papers) and, where polls are combined in accordance with regulation 14(1), (7) or (11) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001, paragraph (2) | 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”. |
Regulation 78 (lost ballot papers) | |
Regulation 79 (alternative means of returning postal ballot paper or declaration of identity) | For paragraphs (1) and (2), substitute—
|
Regulation 80 (notice of opening of postal ballot paper envelopes) | 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). |
Regulation 81 (postal ballot boxes and receptacles) | In paragraphs (3) and (4), for “the agents”, substitute “those”. |
Regulation 82 (receipt of covering envelope) | |
Regulation 83 (opening of postal voters' ballot box) | In paragraph (1), for “the agents” substitute “the counting observers”. |
Regulation 84 (opening of covering envelopes) | |
Regulation 85 (procedure in relation to declarations of identity) | In paragraph (3), for “agents” substitute “counting observers”. |
Regulation 86 (opening of ballot paper envelopes) | |
Regulation 87 (lists of rejected postal ballot papers) | |
Regulation 88 (checking of lists kept under regulation 87) | |
Regulation 89 (sealing of receptacles) | |
Paragraphs (1) to (4) of regulation 91 (forwarding of documents) | In paragraph (1)—
In paragraph (2)—
|
In Schedule 3, Form E (proxy paper). | 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—
|
Form H (declaration of identity for use when postal ballots are combined) | In paragraph 2 of the Instructions to Voters, after “candidates.]”, insert—
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”. |
Form J (declaration of identity for use when polls are combined but the postal ballots are not combined) | 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—
|
SCHEDULE 4ADDITIONAL MODIFICATIONS AS REGARDS REFERENDUM AT WHICH VOTING TO BE BY POST ONLY
(1) | (2) |
---|---|
Provision | Modification |
The 1983 Act | |
Section 47 (loan of equipment for local elections) | In subsections (1) and (2), omit “fittings and compartments”. |
Section 60 (personation) | 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”. |
Section 61 (other voting offences) (see the modifications in Table 2 of Schedule 3) | Omit subsections (2)(b) and (c) and (3)(b) and (c). |
Section 66 (requirement of secrecy) | Omit subsection (1). |
Section 66A (prohibition on publication of exit polls) | In subsection (1), for “the poll is closed”, substitute “9 p.m. on the day of the referendum”. |
The Elections Regulations | |
Regulation 50 (interpretation of Part IV) | Omit the definition of “allotted polling station”. |
Regulation 51 (general requirements for applications for an absent vote) | Omit paragraph (5). |
Regulation 72 (procedure on issue of postal ballot paper) | For paragraph (1) substitute—
Omit paragraphs (5) and (6). |
The Principal Areas Rules | |
Rule 1 (timetable) | In the timetable, omit the entry in respect of polling. |
Rule 3 (notice of election) | In paragraph 1, for “poll” substitute “referendum”. In paragraph (2)—
|
Rule 13 (poll to be taken by ballot) | After “given by”, insert “postal”. |
Rule 15 (ballot papers: official mark) | Omit paragraph (3). |
Rule 17 (use of schools and public rooms)76 | In paragraphs (1) and (2), omit “taking the poll or”. |
Rule 18 (notice of poll) | In paragraph (1), for sub-paragraph (a) substitute—
Omit paragraph (3). |
Rule 19 (postal ballot papers)77 | Substitute—
|
Rules 20 to 23 (provision of polling stations, appointment of presiding officers and clerks, issue of official poll cards and equipment of polling stations) | Omit. |
Rule 25 (notification of requirement of secrecy) | Omit paragraph (a). |
Rules 26 to 37 (admission to polling stations, keeping of order in station, sealing of ballot boxes, questions to be put to voters, challenge of voters, voting procedure, votes marked by presiding officer, voting by blind persons, tendered ballot papers, spoilt ballot papers, adjournment of poll in case of riot and procedure on close of poll) | Omit. |
Rule 39 (the count)78 | In paragraph (1), omit sub-paragraphs (a) and (b) and the words “and (c)”. Omit paragraphs (2), (4) and (6). |
Rule 46 (delivery of documents)79 | In paragraph (1)—
|
Rule 47 | 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”. |
Rule 48 | In paragraph (2), for the words from “, counterfoils” to “poll” substitute “and counterfoils,”. |
The Appendix of Forms | In the back of the form of the declaration of identity omit note 6. Omit the forms of—
|
SCHEDULE 5COMBINATION OF POLLS
PART IGeneral provisions
1
For the purposes of combining the poll at one or more of—
a
a Parliamentary general election,
b
a European Parliamentary general election,
c
an ordinary local government election, or
d
a Greater London Authority election, with the poll at a referendum, the provisions specified in column (1) of the Table below shall be modified as specified in column (2).
2
In relation to the application of provisions of the European Parliamentary Elections Rules for the purposes referred to in paragraph 1, references to the returning officer at a European Parliamentary general election shall be taken to include references to the local returning officer.
(1) | (2) |
---|---|
Provision | Modification |
The 1985 Act | |
Section 15 (combination of polls at parliamentary, European Parliamentary and local elections) | In subsection (1), at the end of paragraph (c), insert
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”. |
The RPAct 200081 | |
Section 12 (changes relating to absent voting at elections in Great Britain) | In subsection (1), at the end insert “; and as regards referendums under the Local Authorities (Conduct of Referendums) (England) Regulations 2001”. |
Schedule 4 (absent voting in Great Britain) | 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”. |
The 1986 Regulations | |
Regulation 97(4) | 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)—
|
Regulation 98 | For “regulation 78” substitute “regulation 65 of the Representation of the People (England and Wales) Regulations 2001”. |
The Elections Regulations | |
Paragraph (2) of regulation 3 | At the end of sub-paragraph (b), insert—
|
Regulation 51 | In paragraph (4), in sub-paragraph (b)—
In paragraph (5)—
|
Regulation 56 | In paragraphs (1) to (5), after “election”, in each place, insert “or referendum”. In paragraph (7)(b), after “election” insert “or referendum”. |
Regulation 65 | 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”. |
Regulation 68 | 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). |
Regulation 72 | 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”. |
Regulation 74 | In paragraph (4), after “65 above”, insert “or under regulation 14(1), (7) or (11) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001)”. |
Regulation 77 | 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”. |
Regulation 80 | In paragraph (1), after “each 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”. |
Regulation 83 | In paragraph (1), after “the agents”, insert “or the counting observers for the referendum”. |
Regulation 85 | In paragraph (3), after “the agents”, insert “or the counting observers for the referendum”. |
Regulation 91 | In paragraph (1)—
In paragraph (2), after “election”, in the first two places where that word appears, insert “or referendum”. |
Schedule 3, Form E | 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”. |
PART IIModifications of the Parliamentary Elections Rules and the European Parliamentary Elections Rules
Note: unless otherwise indicated, the numbered rules specified in column (1) are those of that number in the Parliamentary Elections Rules and in the European Parliamentary Elections Rules: and are to be applied, with the relevant modification, as the particular circumstances require.
(1) | (2) |
---|---|
Rule | Modification |
Rule 5 (notice of election)83 | After paragraph (1) insert—
|
Rule 23 (notice of poll)84 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—
|
Rule 23 (notice of poll)85 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—
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—
|
Rule 28 (issue of official poll cards)86 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)87 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—
In paragraph (8), after “particulars of the candidate”, insert “, or the answer,”. After paragraph (9), insert—
In paragraph (10), after “tab”, insert “or, as the case may be, the word on each tab,”. |
Rule 32 (admission to polling station)88 | 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,”89. In paragraph (3) after “the prescribed form” insert
|
Rule 37 (voting procedure)90 The modification applies only where the referendum poll is taken together with that at a parliamentary election | Add at the end—
|
Rule 38 (votes marked by presiding officer)91 The modification applies only where the referendum poll is taken together with that at a parliamentary election | At the end of paragraph (2) add—
|
Rule 39 (voting by persons with disabilities)92 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—
|
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—
|
Rule 43 (procedure on close of poll) of the Parliamentary Elections Rules93 For use where the referendum poll is taken together with that at a parliamentary election | After paragraph (1) insert—
|
Rule 43 (procedure on close of poll) of the European Parliamentary Elections Rules94 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 199995. In rule 43B (as so inserted)—
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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 Rules96 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 Rules97 For use where the referendum poll is taken together with that at a parliamentary election | For paragraph (1) substitute—
Omit paragraph (2). In paragraph (5), for the words from “a statement” to the end, substitute—
After paragraph (5), insert—
In paragraph (7), in sub-paragraph (a), after “election”, insert “and the referendum”. |
Rule 45 (the count) of the European Parliamentary Elections Rules98 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—
|
Rule 60 (countermand or abandonment of poll on death of candidate) | Add at the end of paragraph (1)—
Substitute for paragraph (2)—
|
In the Appendix of Forms | In the form of declaration to be made by the companion of a voter with disabilities99—
|
PART IIIModifications of the Principal Areas Rules
(1) | (2) |
---|---|
Rule | Modification |
Rule 18 (notice of poll) | Add at the end—
|
Rule 22 (issue of official poll cards) | Add at the end—
|
Rule 23 (equipment of polling stations) | For paragraph (4) substitute—
For paragraph (5) substitute—
In paragraph (8), after “particulars of the candidate”, insert “, or the answer,”. After paragraph (9), insert—
In paragraph (10), after “tab”, insert “or, as the case may be, the word on each tab,”. |
Rule 26 (admission to polling station)100 | 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,”101 In paragraph (3) after “Appendix” insert
|
Rule 31 (voting procedure) | After paragraph (3) insert—
|
Rule 32 (votes marked by presiding officer) | At the end of paragraph (2) add—
|
Rule 33 (voting by persons with disabilities)102 | After paragraph (4) insert—
|
Rule 34 (tendered ballot papers) | At the end of paragraph (3) add—
|
Rule 37 (procedure on close of poll) | After paragraph (1) insert—
|
Rule 38 (attendance at counting of votes) | In paragraph (2), after sub-paragraph (d), insert—
|
Rule 39 (the count)104 | For paragraphs (1) and (2) substitute—
For paragraph (6) substitute—
|
Rule 49 (countermand or abandonment of poll) | Add at the end of paragraph (1)—
|
In the Appendix Form of declaration of identity for use where postal votes are combined | In the Form of declaration of identity—
|
Form of declaration of identity for use where there are separate postal votes | In the Form of declaration of identity—
|
Form of declaration to be made by the companion of a voter with disabilities105 | After “this electoral area” insert “and the referendum now being held in that area”. After “said election” in each place insert “and that referendum”. |
PART IVAPPLICATION, WITH MODIFICATIONS, OF THE GLA ELECTIONS RULES
In this Part—
“GLA constituency” means an area for the time being specified in an order made by the Secretary of State under section 2(4) of the Greater London Authority Act 1999106;
“GLA election” means an election under one or more of—
- a
the Constituency Members Election Rules,
- b
the London Members Election Rules,
- c
the Mayoral Elections Rules, and
- d
the Ordinary Elections rules; and expressions used in both this Part and in any of Schedules 1, 2 and 3 to the GLA Elections Rules have the same meaning for the purposes of this Part as they have for the purposes of that Schedule.
TABLE(1)
(2)
Provision
Modification
CMER 15107
LMER 16108
MER 16109
(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)
In paragraph (4), for “or, as the case may be, a London borough election”, substitute “a London borough election or, as the case may be, a referendum”.
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)—
- a
after “the candidate for whom”, insert “or the answer for which”;
- b
after “each candidate”, insert “or each answer”; and
- c
after “counting agents”, insert “and the counting observers”.
LMER 40(2) to (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)—
- a
after “for whom”, insert “, or the answer for which,”;
- b
after “or party”, insert “or answer”; and
- c
after “counting agents”, insert “and the counting observers”.
MER 40(2) to (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)—
- a
after “the candidate for whom”, insert “or the answer for which”;
- b
after “each candidate”, insert “or each answer”; and
- c
after “counting agents”, insert “and the counting observers”.
CMER 40
LMER 41
MER 41
(the count)
In paragraph (1)—
- a
after “returning officer”, insert “who is discharging the functions specified in regulation 98 of the Representation of the People Regulations 1986”;
- b
for the words after “shall” substitute—
a
in the presence of the counting agents appointed for the purposes of the GLA election and the counting observers appointed for the purposes of the referendum, open each ballot box and record separately the number of ballot papers used in the election and in the referendum;
b
in the presence of the election agents appointed for the purposes of the GLA election and the counting observers appointed for the purposes of the referendum, 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 GLA election from the ballot papers relating to the referendum;
e
make up into packets the ballot papers relating to the referendum and seal them up in a container endorsing on it a description of the area to which the ballot papers relate;
f
deliver or cause to be delivered to the counting officer for the referendum to which the ballot papers relate—
i
the container, together with a list of its contents; and
ii
the ballot paper account together with a copy of the statement as to the result of its verification in respect of the referendum; and
g
at the same time deliver 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 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.
In Schedule 5 (forms), Form 8 (declaration of identity—constituency and mayoral elections otherwise than at ordinary elections) and Form 9 (declaration of identity—ordinary elections)
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.”
- a
- a
PART VCOMBINED POLLS AT REFERENDUMS: MODIFICATIONS OF THE RULES IN SCHEDULE 2 TO THE PRINCIPAL AREAS RULES, AS MODIFIED BY SCHEDULE 4 TO THOSE RULES
(1) | (2) |
---|---|
Provision and, if of limited application, relevant circumstances | Modification |
Rule 1 (timetable) | 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”. | |
Rule 2 | Omit |
Rule 3 (notice of referendum) | 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. |
Rules 4 to 12 | Omit. |
Rule 13 (poll to be taken by ballot) | Omit the words from “the result” to the end. |
Rule 14 | Omit. |
Rule 15 (the official mark) | For paragraph (2) substitute—
In paragraph (3) omit “at the same election”. |
Rule 16 (prohibition of disclosure of vote) | For “election”, in both places, substitute “referendum”. |
Rule 17 (use of schools and public rooms) | |
Rule 18 (notice of poll) | In paragraph (1), for sub-paragraphs (b) to (d), substitute—
For paragraph (2) substitute—
In paragraph (3), omit the words from “and he shall” to the end. In paragraph (4)—
|
Rule 19 (postal ballot papers) | For “returning officer” substitute “counting officer”. |
Rule 20 (provision of polling stations) | In paragraph (1)—
In paragraph (3)—
In paragraph (4), for “returning officer” substitute “counting officer”. |
Rule 21 (appointment of presiding officers and clerks) | In paragraph (1)—
In paragraph (2), for “returning officer”, substitute “counting officer”. |
Rule 22 (issue of official poll cards) | In paragraph (1)—
In paragraph (2), for “An elector's”, substitute “A voter's”. In paragraph (3)—
For paragraph (5) substitute—
|
Rule 23 (equipment of polling stations) | In paragraph (1), for “returning officer”, in both places, substitute “counting officer”. For paragraph (1A), substitute—
In paragraph (3)—
For paragraph (5) substitute—
In paragraph (8), after “particulars of the candidate”, insert “, or the answer,”. After paragraph (9), insert—
In paragraph (10), after “tab”, insert “or, as the case may be, the word on each tab,”. |
Rule 24 (appointment of polling and counting Agents) | Omit paragraphs (1) to (3), (5), (7) and (11). In paragraph (4)—
In paragraph (6)—
After paragraph (6), insert—
In paragraph (8)—
In paragraph (9)—
In paragraph (10)—
In paragraph (12)—
|
Rule 25 (notification of requirement of secrecy) | For “returning officer” substitute “counting officer”. |
Rule 26 (admission to polling station) | 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
Omit paragraph (2). |
Rule 27 (keeping of order in station) | |
Rule 28 (sealing of ballot boxes) | |
Rule 29 (questions to be put to voters) | For paragraphs (1) and (2) substitute—
|
Rule 30 (challenge of voters) | In paragraph (1), for “a candidate or his election or polling agent”, substitute “any petition organiser or polling observer permitted to be present in accordance with rule 26, as modified”. |
Rule 31 (voting procedure) | For paragraph (4), substitute—
|
Rule 32 (votes marked by presiding officer) | For the words inserted by paragraph 10 of Schedule 4 to the Principal Areas Rules substitute—
|
Rule 33 (voting by persons with disabilities)110 | In paragraph (3), in sub-paragraph (a), for “an elector at the election”, substitute “a voter at the referendum”. After paragraph (4), insert—
|
Rule 34 (tendered ballot papers) | For the words inserted by paragraph 12 of Schedule 4 to the Principal Areas Rules substitute—
|
Rule 35 (spoilt ballot papers) | |
Rule 36 (adjournment of poll in case of riot) | In paragraph (1), after the words inserted by paragraph 13 of Schedule 4 to the Principal Areas Rules, insert—
|
Rule 37 (procedure on close of poll) | For paragraph (1A), substitute the following—
In paragraph (1B), (inserted by paragraph 14 of Schedule 4 to the Principal Areas Rules), at the end insert—
|
Rule 39 (the count), where the polls at two referendums are taken together. | For paragraph (1), substitute—
For paragraph (2), substitute—
In paragraph (3)111—
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”. |
Rule 39, where the polls at a referendum and an election are taken together. | For paragraphs (1) and (2), substitute—
In paragraph (6), after “election agent”, insert “or counting observer present at the verification”. |
Rule 49 (countermand or abandonment of poll) | Add at the end of paragraph (1)—
Substitute for paragraph (2)—
|
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—
|
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”. |
SCHEDULE 6APPLICATION, WITH FURTHER MODIFICATIONS, OF THE REPRESENTATION OF THE PEOPLE ACT 1983 IN RELATION TO REFERENDUM PETITIONS112
(1) | (2) |
---|---|
Provision | Further Modifications (if any) |
Section 128 (presentation of petition questioning local election) | In subsection (1)—
In subsection (2), for the words from the beginning to “any”, substitute “Any”. In subsections (3) and (4), omit “and Wales”. |
Section 129 (time for presentation or amendment of petition questioning local election) | 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—
In subsection (8), after “below” insert, “, as applied by regulation 19 of the Local Authorities (Conduct of Referendums) (England) Regulations 2001,”. Omit subsection (9). |
Section 130 (election court for local election in England and Wales, and place of trial)113 | 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”. |
Section 131 (accommodation of and attendance on court) | In subsection (1)—
|
Section 132 (remuneration and allowances) | In subsection (1), after “section 131 above”, insert “as applied by regulation 19 of the Local Authorities (Conduct of Referendums) (England) Regulations 2001”. |
Section 133 (repayments under section 131 and 132) | In subsection (1)—
|
Section 136 (security for costs) | 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”. |
Section 137 (petition at issue)114 | |
Section 138 (list of petitions)115 | 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)—
|
Section 139 (trial of petition) | 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—
For subsection (6) substitute—
|
Section 140 (witnesses) | In subsection (1), omit “, but this subsection does not apply to Scotland in relation to an election of councillors”. |
Section 141 (duty to answer relevant questions)116 | |
Section 143 (expenses of witnesses) | 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—
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.”. |
Section 146 (special case for determination of High Court) | Omit subsection (2). In subsection (3), for the words from the beginning to “local government Act”, substitute—
|
Section 147 (withdrawal of petition) | |
Section 154 (costs of petition) | |
Section 155 (neglect or refusal to pay costs) | In subsection (1) omit paragraph (a). In subsection (2) after “this Act”, insert “as applied for the purposes of the referendum petition”. |
Section 156 (further provision as to costs) | |
Section 157 (appeals and jurisdiction)117 | Omit subsection (4). |
Section 160(1) and (3) (persons reported personally guilty of corrupt practices)118 | In subsection (1), omit paragraph (b). |
Section 161 (Justice of the Peace) | |
Section 162 (member of legal and certain other professions) | |
Section 163 (holder of licence or certificate under Licensing Acts) | |
Section 164(1) and (2) (avoidance of election for general corruption etc.) | In subsection (1)—
In subsection (2), for “An election”, substitute “A referendum”. |
Section 167 (application for relief) | |
Section 180 (evidence by certificate of holding of election) | Omit sub-paragraph (ii) and the word immediately preceding it. |
Section 183 (costs) | |
Section 184 (service of notices) | |
In section 185 (interpretation of Part III), the definitions of “appropriate officer”, “costs”, “Licensing Acts” and “payment”. |
SCHEDULE 7MODIFICATIONS OF THE ELECTION PETITION RULES 1960119
(1) | (2) |
---|---|
Provision modified | Modification |
Rule 2(2) | After the definition of “the Act” insert—
After the definition of “local election petition” insert—
In the definition of “petition”, insert at the end “or a referendum petition”. For the definition of “constituency”, substitute—
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.” |
Rule 2(3) | After “local government Act”, insert “and referendums under the 2001 Regulations” |
Rule 4(1) | Omit paragraph (a). For paragraph (b), substitute—
In paragraph (c), for the words from “petition” to “the Act” substitute “referendum petition”. |
Rule 10 | Omit |
Rule 12(3) | For “the election” substitute “the referendum”. |
Rule 14(2) | For “the election may” substitute “the referendum may”. |
Rule 16(3) | For “the election may” substitute “the referendum may”. |
Rule 18 | After “local election petition” insert “or a referendum petition”. |
The Schedule | 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—
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—
|