The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004

TABLE 4 THE REPRESENTATION OF THE PEOPLE (ENGLAND AND WALES) REGULATIONS 2001(1)

(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 — “ , or (c) in the case of a referendum, such of those rules made under section 36 of the 1983 Act as are applied (with or without modification) by the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004”.
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) — (a) after “for” insert “all or any of”; (b) after “elections” insert “and referendums, identifying those in respect of which it is made”; and (c) omit “or both”. In paragraph (5) — (a) after “election”, in each place, insert “or referendum”; and (b) omit “elections”.
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 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 — “(a) the counting officer and that officer’s clerks; (b) persons who, in accordance with regulation 13(5) of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004, are entitled to attend at the counting of the votes.”
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)
Regulation 73 (refusal to issue postal ballot paper)
Paragraphs (1) to (3) of regulation 74 (envelopes)
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)
Regulation 78 (lost ballot papers)
Regulation 79 (alternative means of returning postal ballot paper or declaration of identity)	For paragraphs (1) and (2), substitute — “(1) The manner in which any postal ballot paper or declaration of identity may be returned — (a) to the returning officer, is by hand or by post; (b) to a polling station, is by hand.”.
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) (Wales) Regulations 2004, 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) — (a) omit the words “, in the case of a parliamentary election to the Clerk of the Crown in Chancery and”; (b) in sub-paragraph (a), omit the words “, subject to regulation 90 above,”; and (c) omit sub-paragraph (b) and the word immediately preceding it. In paragraph (2) — (a) for “In the case of a local government election, the” substitute “The”; and (b) omit the words from “except that” to the end.
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 that person at the referendum on (insert date)”. Omit “*[This proxy appointment is not valid until …]”. For paragraph 2 of the note substitute — “2.   Your appointment as proxy will be for the referendum only. You have the right to vote as proxy only at the referendum specified in the proxy paper.”

(1)

S.I. 2001/34.