Political Parties, Elections and Referendums Act 2000

Chapter IV Conduct of referendums

128 Chief Counting Officers, and counting officers, for referendums

(1) This section has effect in relation to any referendum to which this Part applies.

(2) There shall be a Chief Counting Officer for the referendum, who (subject to subsection (8)) shall be—

(a) the chairman of the Commission, or

(b) if the chairman of the Commission appoints some other person to act as Chief Counting Officer for the referendum, the person so appointed.

(3) The Chief Counting Officer for the referendum shall appoint a counting officer for each relevant area in Great Britain.

(4) The local authority in the case of each such area shall place the services of their officers at the disposal of the counting officer for the area for the purpose of assisting him in the discharge of his functions.

(5) Each counting officer shall, as respects the votes cast in the area for which he is appointed, certify—

(a) the number of ballot papers counted by him, and

(b) the number of votes cast in favour of each answer to a question asked in the referendum.

(6) The Chief Counting Officer shall certify—

(a) the total number of ballot papers counted, and

(b) the total number of votes cast in favour of each answer to a question asked in the referendum,

in the whole of the referendum area.

(7) Where two or more forms of ballot paper are used in the referendum, a separate number shall be certified under subsection (5)(a) or (6)(a) in relation to each form of ballot paper so used.

(8) Where the referendum is held in Northern Ireland, the Chief Electoral Officer for Northern Ireland—

(a) shall be the Chief Counting Officer for the referendum if it is held only in Northern Ireland, and

(b) in any other case shall be treated, for the purposes of subsection (5), as if he were a counting officer appointed under this section for the whole of Northern Ireland.

(9) In this section—

(a) “relevant area in Great Britain” means any of the following—

(i) a district in England or a London borough,

(ii) the City of London (including the Inner and Middle Temples), the Isle of Wight or the Isles of Scilly,

(iii) a local government area in Scotland, or

(iv) a county or county borough in Wales,

where it is comprised in the referendum area;

(b) “the local authority”—

(i) in the case of an area falling within paragraph (a)(i), (iii) or (iv), means the council for that area, and

(ii) in the case of an area falling within paragraph (a)(ii), means the Common Council of the City of London, the Council of the Isle of Wight or the Council of the Isles of Scilly, as the case may be;

(c) “the referendum area” means the parts or part of the United Kingdom, or (as the case may be) the region in England, throughout which the referendum is held as mentioned in section 101(1).

129 Orders regulating conduct of referendums

(1) The Secretary of State may by order make such provision as he considers expedient for or in connection with regulating the conduct of referendums to which this Part applies.

(2) An order under this section may, in particular—

(a) make provision for the creation of offences;

(b) apply (with or without modification) any provision of any enactment;

and different provision may be made under this section in relation to different parts of the United Kingdom.

(3) An order under this section shall not apply in relation to any referendum in relation to which specific provision is made by any other enactment for or in connection with regulating any matters relating to the conduct of the referendum, except to such extent (if any) as may be provided by that enactment.

(4) Before making an order under this section the Secretary of State shall consult the Commission.