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The European Union Referendum (Conduct) Regulations 2016

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The European Union Referendum (Conduct) Regulations 2016 No. 219

  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Extent

    3. 3.Interpretation

  3. PART 2

    1. Application and interpretation

      1. 4.Part to apply in United Kingdom and not Gibraltar

      2. 5.Interpretation

    2. Time

      1. 6.Timetable

      2. 7.Computation of time

    3. General provisions

      1. 8.Notice of referendum

      2. 9.Poll to be taken by ballot

      3. 10.The ballot paper

      4. 11.Corresponding number list

      5. 12.The official mark

      6. 13.Prohibition of disclosure of vote

      7. 14.Use of schools and public rooms

      8. 15.Modification of forms

    4. Action to be taken before the poll

      1. 16.Notice of poll

      2. 17.Postal ballot papers

      3. 18.Provision of polling stations

      4. 19.Appointment of presiding officers and clerks

      5. 20.Issue of official poll cards

      6. 21.Notification that certain electors entitled to absent vote

      7. 22.Equipment of polling stations

      8. 23.Appointment of polling and counting agents

      9. 24.Notification of requirement of secrecy

      10. 25.Return of postal ballot papers

    5. The poll

      1. 26.Admission to polling station

      2. 27.Keeping of order in polling station

      3. 28.Sealing of ballot boxes

      4. 29.Questions to be put to voters

      5. 30.Challenge of voter

      6. 31.Voting procedure

      7. 32.(1) In Northern Ireland a ballot paper must not be...

      8. 33.(1) This regulation applies where there is a duty to...

      9. 34.(1) Immediately after receiving a ballot paper the voter must—...

      10. 35.Votes marked by presiding officer

      11. 36.Voting by people with disabilities

      12. 37.Tendered ballot papers

      13. 38.(1) Tendered ballot papers must be a different colour from...

      14. 39.Tendered postal ballot papers: anonymous entries in Northern Ireland

      15. 40.Refusal to deliver ballot paper

      16. 41.Spoilt ballot papers

      17. 42.Correction of errors on day of poll

      18. 43.Adjournment of poll in case of riot

      19. 44.Procedure on close of poll

    6. Counting of votes

      1. 45.Attendance at the count

      2. 46.The count

      3. 47.Re-count

      4. 48.Rejected ballot papers

      5. 49.Direction to conduct re-count

      6. 50.Decisions on ballot papers

    7. Final proceedings

      1. 51.Declaration by counting officers

      2. 52.(1) This regulation applies to— (a) the counting officer for...

      3. 53.Declaration by Regional Counting Officers

      4. 54.Declaration of referendum result by Chief Counting Officer

    8. Disposal of documents

      1. 55.Sealing up of ballot papers

      2. 56.Delivery or retention of documents

      3. 57.Orders for production of documents

      4. 58.Retention and public inspection of documents

  4. PART 3

    1. CHAPTER 1

      1. 59.Overview and interpretation

      2. 60.Manner of voting in the referendum

      3. 61.Entitlement to vote by post or by proxy

      4. 62.Application to vote by post or by proxy in the referendum

      5. 63.Absent voters lists

      6. 64.Proxies

      7. 65.(1) Subject to what follows, where a relevant proxy appointment...

      8. 66.Voting as proxy

      9. 67.Use of personal identifier information

      10. 68.Information contained in records kept by a registration officer in...

      11. 69.Offences

    2. CHAPTER 2

      1. 70.Overview and interpretation

      2. 71.Manner of voting in the referendum

      3. 72.Entitlement to vote by post or by proxy

      4. 73.Application to vote by post or by proxy in the referendum

      5. 74.Absent voters lists

      6. 75.Proxies

      7. 76.(1) Subject to what follows, where a relevant proxy appointment...

      8. 77.Voting as proxy

      9. 78.Offences

  5. PART 4

    1. 79.Application of provisions of the Representation of the People Act 1983

    2. 80.Application of provisions of other Acts

    3. 81.Application of existing provisions of regulations

    4. 82.Amendment of the European Parliamentary Elections Regulations 2004

  6. PART 5

    1. 83.Forms

  7. Signature

    1. SCHEDULE 1

      APPLICATION OF PROVISIONS OF THE REPRESENTATION OF THE PEOPLE ACT 1983

      1. PART 1 INTERPRETATION AND EXTENT

        1. 1.Interpretation of applied provisions: general

        2. 2.Meaning of “vote” in applied provisions

        3. 3.Extent of section 52 of the 1983 Act

      2. PART 2 APPLICATION OF PROVISIONS

        1. 4.Alteration of registers pending the referendum: England, Wales and Scotland

        2. 5.Alteration of registers pending the referendum: Northern Ireland

        3. 6.Loan of equipment

        4. 7.Effect of registers

        5. 8.Effect of misdescription

        6. 9.Discharge of registration duties

        7. 10.Payment of expenses of registration

        8. 11.Registration appeals: England and Wales and Scotland

        9. 12.Registration appeals: Northern Ireland

        10. 13.Offence of personation

        11. 14.Other voting offences

        12. 15.Offences relating to applications for absent voting

        13. 16.Breach of official duty

        14. 17.Tampering with papers

        15. 18.Requirement of secrecy

        16. 19.Prohibition on publication of exit polls

        17. 20.Failure to comply with conditions relating to supply etc of documents

        18. 21.Broadcasting from outside UK

        19. 22.Imitation poll cards

        20. 23.Disturbances at meetings

        21. 24.Premises used for referendum meetings in Scotland or Northern Ireland

        22. 25.Officials not to act for candidates

        23. 26.Illegal canvassing by police officers

        24. 27.Payments for exhibition of election notices

        25. 28.Prohibition of paid canvassers

        26. 29.Providing money etc for illegal purposes

        27. 30.Bribery

        28. 31.Treating

        29. 32.Undue influence

        30. 33.Rights of creditors where applied provision prohibits payments

        31. 34.Saving for employees to be absent for voting

        32. 35.Computation of time

        33. 36.Application for relief

        34. 37.Powers of court on conviction of corrupt practice

        35. 38.Prosecution and conviction of illegal practice and illegal payments

        36. 39.Time limit for prosecutions

        37. 40.Prosecution of offences committed outside the United Kingdom

        38. 41.Offences by associations

        39. 42.Director of Public Prosecutions

        40. 43.Service of notices

        41. 44.Computation of time for purposes of Part 3

        42. 45.Translations etc of certain documents

        43. 46.General interpretation

        44. 47.General application to Scotland

        45. 48.General application to Northern Ireland

        46. 49.Premises used for poll: Scotland and Northern Ireland

    2. SCHEDULE 2

      APPLICATION OF PROVISIONS OF OTHER ACTS

      1. PART 1 POLITICAL PARTIES, ELECTIONS AND REFERENDUMS ACT 2000

        1. 1.Attendance of representatives of Electoral Commission at referendum proceedings

        2. 2.Observation of working practices by representatives of the Electoral Commission

        3. 3.Accredited observers of referendum proceedings

        4. 4.Section 6D of the 2000 Act has effect for the...

        5. 5.Provision to the Electoral Commission of information about expenditure

        6. 6.Right to use rooms for holding public meetings

      2. PART 2 APPLICATION OF OTHER ENACTMENTS

        1. 7.Premises used for referendum purposes in England and Wales

        2. 8.Restriction on powers of arrest at polling station by persons other than constables

    3. SCHEDULE 3

      APPLICATION OF EXISTING PROVISIONS OF REGULATIONS

      1. PART 1 THE 2001 REGULATIONS (ENGLAND AND WALES) AND THE 2001 REGULATIONS (SCOTLAND)

        1. 1.Preliminary

        2. 2.The following provisions of the relevant regulations apply for the...

        3. 3.Forms

        4. 4.Computation of time

        5. 5.Restriction on supply etc of record of anonymous entries

        6. 6.General requirements for applications for an absent vote

        7. 7.Signature of application for absent vote

        8. 8.Address to which to send ballot paper: requirements if different to address in application

        9. 9.Address to which to send ballot paper: requirements if different to address in records

        10. 10.Applications for appointment of a proxy

        11. 11.Additional requirements for applications for proxy to vote

        12. 12.Closing date for applications

        13. 13.Grant or refusal of applications

        14. 14.Cancellation of proxy appointment

        15. 15.Requirement to provide fresh signatures every 5 years

        16. 16.Records and lists

        17. 17.Conditions on use, supply and inspection of absent voter records or lists

        18. 18.Personal identifiers record

        19. 19.Notification of rejected postal voting statement

        20. 20.Interpretation of Part 5

        21. 21.Persons entitled to be present at proceedings on issue of postal ballot papers

        22. 22.Persons entitled to be present at proceedings on receipt of postal ballot papers

        23. 23.Agents of candidate who may attend proceedings on receipt of postal ballot papers

        24. 24.Notification of requirement of secrecy

        25. 25.Time when postal ballot papers are to be issued

        26. 26.Procedure on issue of postal ballot papers

        27. 27.Refusal to issue ballot paper

        28. 28.Envelopes

        29. 29.Sealing up of completed corresponding number lists

        30. 30.Delivery of postal ballot papers

        31. 31.Spoilt postal ballot papers

        32. 32.Lost postal ballot papers

        33. 33.Cancellation of postal ballot papers

        34. 34.Alternative means of returning postal ballot paper or postal voting statement: England and Wales

        35. 35.Alternative means of returning postal ballot paper or postal voting statement: Scotland

        36. 36.Notice of opening of postal ballot paper envelopes

        37. 37.Postal ballot boxes and receptacles

        38. 38.Receipt of covering envelope

        39. 39.Opening of postal voters’ ballot box

        40. 40.Opening of covering envelopes

        41. 41.Confirming receipt of postal voting statements

        42. 42.Procedure in relation to postal voting statements: personal identifier verification

        43. 43.Opening of ballot paper envelopes

        44. 44.Retrieval of cancelled postal ballot papers

        45. 45.Lists of rejected postal ballot papers

        46. 46.Checking of lists of rejected postal ballot papers

        47. 47.Sealing of receptacles

        48. 48.Forwarding or retention of documents: England and Wales

        49. 49.Retention of documents: Scotland

        50. 50.Forwarding of documents: Scotland

        51. 51.Interpretation and application of Part 6: England and Wales

        52. 52.Restriction on supply etc of full register: England and Wales

        53. 53.Restriction on supply etc of full register: Scotland

        54. 54.Supply of free copy of full register for electoral purposes and restrictions on use: Scotland

        55. 55.Supply of free copy of full register for electoral purposes and restrictions on use: England and Wales

        56. 56.Offences: England and Wales

        57. 57.Offences: Scotland

        58. 58.Interpretation of Part 7: England and Wales

        59. 59.Interpretation of Part 7: Scotland

        60. 60.Supply of marked registers and lists after an election: England and Wales

        61. 61.Supply of marked registers and lists after an election: Scotland

        62. 62.Inspection of documents open to public inspection

        63. 63.For the purposes of the referendum, in regulation 118 of...

        64. 64.Conditions on use, supply and disclosure of documents open to public inspection

        65. 65.Form K: statement as to postal ballot papers

      2. PART 2 THE 2008 REGULATIONS (NORTHERN IRELAND)

        1. 66.Preliminary

        2. 67.The following provisions of the 2008 Regulations apply for the...

        3. 68.Forms

        4. 69.Communication of notices made on polling day

        5. 70.Interpretation of Part 4

        6. 71.General requirements for applications for an absent vote

        7. 72.Address to which to send ballot paper: requirements if different to address in application

        8. 73.Address to which to send ballot paper: requirements if different to address in records

        9. 74.Additional requirements for applications for appointment of a proxy

        10. 75.Additional requirements for applications in respect of a particular election

        11. 76.Additional requirements for applications by proxies to vote by post at a particular election

        12. 77.Closing date for applications

        13. 78.Grant or refusal of applications

        14. 79.Cancellation of proxy appointment

        15. 80.Records and lists

        16. 81.Interpretation of Part 5

        17. 82.Time when postal ballot papers are to be issued

        18. 83.Persons entitled to be present at proceedings on issue and receipt of postal ballot papers

        19. 84.Agents of candidate who may attend proceedings on issue or receipt of postal ballot papers

        20. 85.Notification of requirement of secrecy

        21. 86.Notice of issue of postal ballot papers

        22. 87.Procedure on issue of postal ballot paper

        23. 88.Refusal to issue ballot paper

        24. 89.Envelopes

        25. 90.Sealing up of completed corresponding number lists

        26. 91.Delivery of postal ballot papers

        27. 92.Spoilt postal ballot papers

        28. 93.Tendered postal ballot papers

        29. 94.Notice of opening of postal ballot paper envelopes

        30. 95.Postal ballot boxes and receptacles

        31. 96.Receipt of covering envelope

        32. 97.Opening of postal voters’ ballot box

        33. 98.Opening of covering envelopes

        34. 99.Procedure in relation to declarations of identity

        35. 100.Opening of ballot paper envelopes

        36. 101.Sealing of receptacles

        37. 102.Forwarding of documents

        38. 103.Restriction on supply etc of full register

        39. 104.Interpretation of Part 7

        40. 105.Supply of marked registers and lists after an election

        41. 106.Inspection of documents open to public inspection

        42. 107.Conditions on use, supply and disclosure of documents open to public inspection

        43. 108.Form N: statement as to postal ballot papers

      3. PART 3 OTHER REGULATIONS

        1. 109.Control of advertisements

        2. 110.The Town and Country Planning (Control of Advertisements) (Scotland) Regulations...

        3. 111.The Planning (Control of Advertisements) Regulations (Northern Ireland) 2015 apply...

        4. 112.Right of audience and right to conduct litigation

        5. 113.Provision of information regarding proxies

        6. 114.Persons convicted of corrupt or illegal practices: Gibraltar

        7. 115.Regulation 112 of the European Parliamentary Elections Regulations 2004 applies...

    4. SCHEDULE 4

      FORMS

  8. Explanatory Note

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