The Local Authorities (Conduct of Referendums) (England) Regulations 2001

PART II Modifications 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.

TABLE

(1)	(2)
Rule	Modification
Rule 5 (notice of election)(1)	After paragraph (1) insert— “(1A) The notice published under paragraph (1) shall— (a) state that the poll is to be taken together with the poll at the referendum; and (b) where the polls are to be taken together in part of the constituency only, specify that part.”.
Rule 23 (notice of poll)(2) 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— “(c) the taking of the poll together with the poll at the referendum; and (d) if the polls are to be taken together in part of the constituency only, the part in which the polls are to be taken together.”.
Rule 23 (notice of poll)(3) 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— “(c) the taking of the poll together with the poll at the referendum; and (d) if the polls are to be taken together in part of the constituency only, the part in which the polls are to be taken together.”. In paragraph (3)— (a) in sub-paragraph (a), after “government election”, insert “or referendum”; and (b) in sub-paragraph (b), after “the election”, insert “or referendum”.
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— “(5) A single official poll card may be issued in respect of both the election and the referendum.”.
Rule 28 (issue of official poll cards)(4) 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)(5) The modification to paragraph (5) applies only where the referendum poll is taken together with that at a parliamentary election	In paragraph (4)— (a) for “the form in the Appendix”, substitute “in the following form”; and (b) after “polling station” insert— “GUIDANCE FOR VOTERS 1.   When you are given ballot papers, make sure they are stamped with the official mark. 2.   Go to one of the voting compartments. Mark a cross (X) in the box on the right hand side of the ballot paper opposite the name(s) of the candidate(s) you are voting for. Vote only for the number of candidates specified on the ballot paper for the election. 3.   Put no other mark on the ballot paper or your vote may not be counted. 4.   Fold each ballot paper in two. Show the official mark on each ballot paper to the presiding officer, but do not let anyone see your vote. Put each ballot paper in the ballot box and leave the polling station. 5.   If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.”. 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— “(5A) In every compartment of every polling station there shall be exhibited, on paper of the same colour as that of the ballot papers for use at the referendum, the notice “Mark one box only. Put no other mark on the ballot paper, or your vote may not be counted.””. In paragraph (8), after “particulars of the candidate”, insert “, or the answer,”. After paragraph (9), insert— “(9A) In relation to the poll at a referendum, paragraph (9) shall have effect as if, for “numbered”, “number of” and “the candidate whose particulars are”, there were substituted “worded”, “word on” and “the answer which is”, respectively.”. In paragraph (10), after “tab”, insert “or, as the case may be, the word on each tab,”.
Rule 32 (admission to polling station)(6)	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,”(7). In paragraph (3) after “the prescribed form” insert “with the following modifications— (a) immediately below “REPRESENTATION OF THE PEOPLE ACTS” insert “[PARLIAMENTARY] [EUROPEAN PARLIAMENTARY] ELECTION AND LOCAL AUTHORITY REFERENDUM”; (b) after “at the election” insert “and referendum”; and (c) after “with the election” insert “and referendum””.
Rule 37 (voting procedure)(8) The modification applies only where the referendum poll is taken together with that at a parliamentary election	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 and one mark may be placed in that register under paragraph (1)(d), or in the list of proxies under paragraph (1)(e), to denote that a ballot paper has been received in respect of both polls; except that, where a ballot paper has been issued in respect of one poll only, a different mark shall be placed in the register or in the list of proxies so as to identify the poll in respect of which the ballot paper was issued.”
Rule 38 (votes marked by presiding officer)(9) The modification applies only where the referendum poll is taken together with that at a parliamentary election	At the end of paragraph (2) add— “The same list may be used for both polls and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each poll, unless the list identifies the poll at which the ballot paper was so marked.”
Rule 39 (voting by persons with disabilities)(10) 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)— (a) in sub-paragraph (b)(ii), after “the election”, insert “or the referendum”; and (b) for “his vote”, substitute “his votes”. 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— “(4A) The same list may be used for both polls and, where it is so used, an entry in that list shall be taken to mean that the votes were so given in respect of each poll, unless the list identifies the poll at which the vote was so given.”
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— “(3A) The same list may be used for both polls and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each poll, unless the list identifies the poll at which a tendered ballot paper was marked.”
Rule 43 (procedure on close of poll) of the Parliamentary Elections Rules(11) For use where the referendum poll is taken together with that at a parliamentary election	After paragraph (1) insert— “(1A) The contents of the packets referred to in sub-paragraphs (b), (c) and (e) of paragraph (1) shall not be combined with the contents of the packets made under those sub-paragraphs of the LGA Referendum Rules; nor shall the statement prepared under paragraph (3) be combined with the statement prepared under that paragraph of those Rules.”
Rule 43 (procedure on close of poll) of the European Parliamentary Elections Rules(12) For use where the referendum poll is taken together with that at a European Parliamentary election	In rule 43— (a) for paragraph (1A), substitute— “(1A) The contents of the packets referred to in sub-paragraphs (b), (c) and (e) of paragraph (1) shall not be combined with the contents of the packets made under those sub-paragraphs of the LGA Referendum Rules; nor shall the statement prepared under paragraph (3) be combined with the statement prepared under that paragraph of those Rules.”. 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 1999(13). In rule 43B (as so inserted)— (a) after paragraph (5), insert— “(5A) The returning officer shall separate the ballot papers relating to the European Parliamentary election from those relating to the referendum.”; and (b) after paragraph (8), insert— “(8A) Where the poll at the European Parliamentary election is taken, not only with the poll at the referendum, but also with the poll at a local government election or a parliamentary election, the returning officer shall— (a) make up into packets the ballot papers for the referendum and seal them up in separate containers, endorsing on each a description of the area to which the ballot papers relate; (b) deliver or cause to be delivered to the counting officer— (i) those containers, together with a list of them and of the contents of each; and (ii) the ballot paper accounts, together with a copy of the statement as to the result of their verification in respect of that referendum; and (c) at the same time deliver or cause to be delivered 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 at the poll.”
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 Rules(14) 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 Rules(15) For use where the referendum poll is taken together with that at a parliamentary election	For paragraph (1) substitute— “(1) The returning officer shall— (a) in the presence of the counting agents and the counting observers open each ballot box and record the number of ballot papers in it; (b) in the presence of the election agents and the counting observers verify each ballot paper account in accordance with paragraph (5) below; (c) count such of the postal ballot papers as have been duly returned and record separately the number counted at each poll; and (d) separate the ballot papers relating to the parliamentary election from the ballot papers relating to the referendum.” Omit paragraph (2). In paragraph (5), for the words from “a statement” to the end, substitute— “a statement as to the result of the verification— (a) in relation to the election; and (b) in relation to the referendum.”. After paragraph (5), insert— “(5A) Any election agent may copy the statement referred to in paragraph (5)(a) and any counting observer may copy the statement referred to in paragraph (5)(b). (5B) The returning officer shall— (a) make up into packets the ballot papers for each referendum and seal them up in separate containers, endorsing on each a description of the area to which the ballot papers relate; (b) deliver or cause to be delivered to the counting officer at the referendum to which the ballot papers relate— (i) those containers, together with a list of them and of the contents of each; and (ii) the ballot paper accounts, together with a copy of the statement as to the result of their verification in respect of that referendum; and (c) at the same time deliver or cause to be delivered 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 at the poll. (5C) The returning officer shall mix together all of the ballot papers used at the election and proceed in accordance with the parliamentary election rules. (5D) The counting officer shall mix together all of the ballot papers used at the referendum and proceed in accordance with the LGA Referendum Rules.”. In paragraph (7), in sub-paragraph (a), after “election”, insert “and the referendum”.
Rule 45 (the count) of the European Parliamentary Elections Rules(16) 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— “(1) The local returning officer shall open the packets referred to in rule 43B(8) above and mix together all of the ballot papers.”.
Rule 60 (countermand or abandonment of poll on death of candidate)	Add at the end of paragraph (1)— “Provided that neither the countermand of the poll at the election nor the direction that the poll be abandoned shall affect the poll at the referendum.”. Substitute for paragraph (2)— (3) Where the poll at the election is abandoned, no further ballot papers for that election shall be delivered in any polling station and, at the close of the poll for the referendum, the presiding officer shall take the like steps for the delivery to the returning officer of ballot boxes and of papers and other documents as he would be required to do if the poll at that election had not been abandoned, and the returning officer shall dispose of ballot papers used at that election and other documents in his possession as he is required to do on the completion in due course of the counting of votes, but— (a) it shall not be necessary for any ballot paper account to be prepared or verified; and (b) the returning officer, having, where necessary, separated the ballot papers relating to the referendum, shall take no step or further step for the counting of the ballot papers or of the votes relating to the election and shall seal up all of those ballot papers, whether the votes on them have been counted or not; and (c) it shall not be necessary to seal up counted and rejected ballot papers in separate packets.”
In the Appendix of Forms	In the form of declaration to be made by the companion of a voter with disabilities(17)— (a) after “this constituency” insert “and the referendum now being held in that area”; and (b) after “said election” in each place insert “and that referendum”.

(1)

Rule 5 was amended by the Representation of the People Act 1985, sections 11, 24 and 28(1), Schedule 2, Part I, paragraph 4, Schedule 4, paragraph 74 and Schedule 5, and by the Representation of the People Act 2000, Schedule 6, paragraph 10(2).

(2)

Rule 23 was amended by the Representation of the People Act 1985, sections 24 and 28(1). Schedule 4, paragraph 77 and Schedule 5.

(3)

Rule 23 was amended by the Representation of the People Act 1985, sections 24 and 28(1), Schedule 4, paragraph 77 and Schedule 5. Paragraph (3) was inserted by S.I. 1999/1214, Schedule 3, paragraph 3.

(4)

Paragraph (5) was inserted by S.I. 1999/1214, Schedule 3, paragraph 4.

(5)

Paragraph (3A) was inserted by the Representation of the People Act 2000, section 13(2). Rule 29 of the European Parliamentary Elections Rules was amended by S.I. 1999/1214, paragraphs 5 and 6.

(6)

Paragraph (1)(e) was amended by the Representation of the People Act 2000, section 13(4).

(7)

The persons referred to are polling observers, the elected mayor (if any) and petition organisers. Rule 26(1) of the Principal Areas Rules is applied, with modifications, in relation to petition organisers, by regulation 8 of, and Table 3 of Schedule 3 to these Regulations.

(8)

Rule 37 of the European Parliamentary Elections Rules was amended by S.I. 1999/1214, paragraph 11.

(9)

Rule 38 of the European Parliamentary Elections Rules was amended by S.I 1999/1214, paragraph 12.

(10)

Rule 39 was substituted by the Representation of the People Act 2000, section 13(3). Rule 39 of the European Parliamentary Elections Rules was amended by S.I. 1999/1214, paragraph 13.

(11)

Paragraph (1)(f) was amended by the Representation of the People Act 2000, section 13(4).

(12)

Rule 43 was amended by S.I. 1999/1214, Schedule 3, paragraph 16.

(13)

S.I. 1999/1214.

(14)

Rule 44 was amended by S.I. 1999/1214, Schedule 3, paragraph 18.

(15)

Paragraphs (1) and (1A) were substituted by the Representation of the People Act 1985, Schedule 4 paragraph 82. Paragraph (1B) was inserted by the Representation of the People Act 2000, Schedule 6, paragraph 10(4).

(16)

Rule 45 was amended by S.I. 1999/1214, Schedule 3, paragraphs 19 and 20.

(17)

The form was amended by the Representation of the People Act 2000, section 13(5).