The National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010

Persons entitled to vote

1.—(1) This paragraph applies to determine the manner of voting of a person entitled to vote as an elector in the referendum (1).

(2) The person may vote in person at the polling station allotted to that person under rule 13 of the Referendum Rules, unless that person is entitled to vote by post or by proxy in the referendum.

(3) The person may vote by post if that person is entitled to vote by post in the referendum.

(4) If the person (“P”) is entitled to vote by proxy in the referendum, P may so vote unless, before a ballot paper has been issued for P to vote by proxy, P applies at the polling station allotted to P under rule 13 of the Referendum Rules for a ballot paper for the purpose of voting in person, in which case P may vote in person there.

(5) If a person —

(a) is not entitled to vote by post or by proxy in the referendum, but

(b) cannot reasonably be expected to go in person to the polling station allotted to that person under rule 13 of the Referendum Rules because of the particular circumstances of the person’s employment, either as a constable or by the counting officer, on the day of the poll for a purpose connected with the referendum,

that person may vote in person at any polling station in the voting area in which the polling station allotted to the person is situated.

(6) Nothing in the preceding provisions of this paragraph applies to a person to whom section 7 of the 1983 Act(2) (mental patients who are not detained offenders) applies and who is liable, by virtue of any enactment, to be detained in the mental hospital in question, whether that person is registered by virtue of that provision or not, and such a person may vote—

(a) in person at the polling station allotted to the person under rule 13 of the Referendum Rules (where granted permission to be absent from the hospital and voting in person does not breach any condition attached to the permission), or

(b) by post or by proxy (where entitled so to vote at the referendum).

(7) Nothing in the preceding provisions of this paragraph applies to a person to whom section 7A of the 1983 Act(3) (person remanded in custody) applies, whether that person is registered by virtue of that provision or not, and such a person may only vote by post or by proxy (where entitled so to vote in the referendum).

(8) A person entitled to vote in the referendum is entitled to vote —

(a) by post in the referendum if that person is shown in the postal voters list as so entitled for the referendum, or

(b) by proxy in the referendum if that person is shown in the list of proxies as so entitled for the referendum.

(9) Sub-paragraph (2) does not prevent a person, at the polling station allotted to that person, marking a tendered ballot paper in pursuance of rule 28(6) of the Referendum Rules.

(1)

See paragraph 1 of Schedule 6 to the Government of Wales Act 2006 (c.32) as read with section 12 of that Act.

(2)

Section 7 of the Representation of the People Act 1983 (c.2) was substituted by section 4 of the Representation of the People Act 2000 (c.2) and to which there are relevant amendments by section 12(1) of the Electoral Administration Act 2006 (c.22) and by S.I. 2005/2078, Schedule 1 paragraph 1(3).

(3)

Section 7A was inserted by section 5 of the Representation of the People Act 2000 and to which there are relevant amendments by section 12(2) of the Electoral Administration Act 2006 and by S.I.2005/2078 Schedule 1 paragraph 1(4).