SCHEDULE 1APPLICATION OF PROVISIONS OF THE REPRESENTATION OF THE PEOPLE ACT 1983
PART 2APPLICATION OF PROVISIONS
Alteration of registers pending the referendum: England, Wales and Scotland4
1
In relation to England, Wales and Scotland, section 13AB of the 1983 Act63 applies for the purposes of the referendum but as if—
a
in subsection (1)(b) for “the relevant election area” there were substituted “the area for which the registration officer acts”,
b
in subsection (4) for “an election to which this section applies” there were substituted “the referendum”,
c
in subsection (5) for “the last day on which nomination papers may be delivered to the returning officer for the purposes of the election” there were substituted “the nineteenth working day before the date of the poll for the referendum”,
d
subsection (8) were omitted,
e
the reference in subsection (9) to subsection (5) of section 13B were to that subsection as applied by sub-paragraph (2) below, and
f
after subsection (9) there were inserted—
10
In this section “working day” means a day that is not—
a
a Saturday or Sunday,
b
Christmas Eve, Christmas Day, Good Friday or any other day that is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom,
c
a bank holiday or public holiday in Gibraltar under the Gibraltar Acts titled the Banking and Financial Dealings Act and the Interpretation and General Clauses Act, or
d
a day appointed in any part of the United Kingdom or Gibraltar as a day of public thanksgiving or mourning.
2
In relation to England, Wales and Scotland, section 13B of the 1983 Act64 applies for the purposes of the referendum but as if—
a
in subsection (1), for each of “an election to which this section applies” and “the election” there were substituted “the referendum”,
b
in each of subsections (2), (3A) and (3C)—
i
for “an election to which this section applies” there were substituted “the referendum”, and
ii
for “the relevant election area” there were substituted “the area for which the registration officer acts”,
c
subsection (4) were omitted, and
d
in subsection (5)—
i
in the definition of “the appropriate publication date”, for “an election to which this section applies” there were substituted “the referendum”, and
ii
the definitions of “the final nomination day” and “the relevant election area” were omitted.
3
A reference in any enactment to section 13AB or 13B of the 1983 Act includes (where the context allows) a reference to that section as applied by this paragraph.
4
Sub-paragraph (3) has effect, in relation to any register, until the first publication after the referendum of a revised version of the register under section 13 of the 1983 Act.
Alteration of registers pending the referendum: Northern Ireland5
1
In relation to Northern Ireland, section 13BA of the 1983 Act65 applies for the purposes of the referendum but as if—
a
in subsection (1)—
i
for the words from “the final nomination day” to “this section applies” there were substituted “the eleventh day before the date of the poll for the referendum”, and
ii
for “that election” there were substituted “the referendum”,
b
in subsection (2)—
i
for “an election to which this section applies” there were substituted “the referendum”, and
ii
for “the final nomination day” there were substituted “the eleventh day before the date of the poll for the referendum”,
c
in subsection (3A) for “the final nomination day” there were substituted “the eleventh day before the date of the poll for the referendum”,
d
in subsection (5), for “an election to which this section applies” there were substituted “the referendum”,
e
in each of subsections (7) and (8)—
i
for “an election to which this section applies” there were substituted “the referendum”, and
ii
for “the relevant election area” there were substituted “the area for which the registration officer acts”,
f
subsection (12) were omitted, and
g
the reference in subsection (13) to subsection (5) of section 13B were to that subsection as applied by paragraph 4(2) of this Schedule.
2
A reference in any enactment to section 13BA of the 1983 Act includes (where the context allows) a reference to that section as applied by this paragraph.
3
Sub-paragraph (2) has effect, in relation to any register, until the first publication after the referendum of a revised version of the register under section 13 of the 1983 Act.
Loan of equipment6
Section 47 of the 1983 Act66 applies for the purposes of the referendum but as if—
a
in subsection (1) the reference to the returning officer at a local government election included a counting officer for the referendum for a voting area anywhere in the United Kingdom, and
b
in subsection (2) the reference to the returning officer at an election mentioned there included a counting officer for the referendum for a voting area in England, Wales or Scotland.
Effect of registers7
1
Section 49 of the 1983 Act67 applies for the purposes of the referendum but with the following modifications.
2
Subsection (4) has effect for those purposes as if—
a
for “any purpose of this Part relating to him as elector” there were substituted “any purpose of this Part, the European Union Referendum Act 2015 or the European Union Referendum (Conduct) Regulations 2016”, and
b
for “as an elector except” to the end there were substituted “as a person entitled to vote by virtue of that entry unless the day fixed for the poll for the referendum is that or a later date”.
3
Subsection (5) has effect for the purposes of the referendum as if the following were omitted—
a
the words “prevent the rejection of the vote on a scrutiny, or”, and
b
paragraph (b)(iv).
4
For the avoidance of doubt, in section 49 of the 1983 Act as applied by this paragraph—
a
“voting age” has the same meaning as in section 49 as it has effect apart from this Schedule, but
b
“vote” as a verb is to be read in accordance with paragraph 2 of this Schedule.
Effect of misdescription8
Section 50 of the 1983 Act applies for the purposes of the referendum but as if—
a
the words “nomination paper,” were omitted, and
b
for the words “and the parliamentary election rules” there were substituted “or by the European Union Referendum Act 2015 or the European Union Referendum (Conduct) Regulations 2016”.
Discharge of registration duties9
1
Section 52 of the 198368 Act applies for the purposes of the referendum but with the following modifications.
2
For those purposes, the following subsections are to be treated as substituted for subsection (1)—
1
A registration officer shall comply with any general or special directions which may be given by the Secretary of State for the purposes of the referendum with respect to the arrangements to be made by that officer for carrying out—
a
any of that officer’s functions under Schedule 3 to the European Union Referendum Act 2015,
b
any of that officer’s functions under the European Union Referendum (Conduct) Regulations 2016, or
c
any of that officer’s functions under this Act.
1ZA
In subsection (1) the reference to a registration officer includes the Gibraltar registration officer, and in relation to that officer—
a
the reference in subsection (1)(b) to “the European Union Referendum (Conduct) Regulations 2016” is to be read as a reference to any regulations under section 4 of the European Union Referendum Act 2015 that extend to Gibraltar and Gibraltar conduct law, and
b
the reference in subsection (1)(c) to “this Act” is to be read as a reference to the Gibraltar Act titled the European Parliamentary Elections Act 2004.
1ZB
The Secretary of State may give a direction under subsection (1) only if it is in accordance with a recommendation made by the Electoral Commission.
3
Subsection (1A) has effect for the purposes of the referendum as if after “registration officer” there were inserted “or the Gibraltar registration officer”.
4
Subsections (2) and (4) each have effect for the purposes of the referendum as if after “this Act” there were inserted “, the European Union Referendum Act 2015 and the European Union Referendum (Conduct) Regulations 2016”.
Payment of expenses of registration10
Section 54 of the 1983 Act69 applies for the purposes of the referendum but as if in subsection (1) after “2013” there were inserted “or the European Union Referendum Act 2015 or the European Union Referendum (Conduct) Regulations 2016”.
Registration appeals: England and Wales and Scotland11
1
In subsection (3) of section 56 of the 1983 Act70, the references to “an election” and “the election” include the referendum.
2
For the purposes of the referendum the following subsection is to be treated as substituted for subsection (4A) of section 56 of the 1983 Act—
4A
Where, as a result of the decision on an appeal, an alteration in the register made in pursuance of subsection (4) takes effect under section 13(5), 13A(2), 13AB(3), 13B(3) or (3B) or 13BC(3) or (6) on or before the date of the poll for the referendum, subsection (3) does not apply to that appeal as respects the referendum.
3
References in this paragraph to section 56 of the 1983 Act include that section as applied by section 57 of that Act (registration appeals: Scotland).
Registration appeals: Northern Ireland12
1
In subsection (3) of section 58 of the 1983 Act71, the references to “an election” and “the election” include the referendum.
2
For the purposes of the referendum, the following subsection is to be treated as substituted for subsection (5) of section 58 of the 1983 Act—
5
Where, as a result of the decision on an appeal, an alteration in the register made in pursuance of subsection (4) takes effect under section 13(5), 13A(2), 13BA(6) or (9) or 13BC(3) or (6) on or before the date of the poll for the referendum, subsection (3) does not apply to that appeal as respects the referendum.
Offence of personation13
Section 60 of the 1983 Act applies for the purposes of the referendum but as if in subsection (2)—
a
for “at a parliamentary or local government election” there were substituted “in the referendum”, and
b
for “whether as an elector or as proxy” there were substituted “whether or not as proxy”.
Other voting offences14
1
Section 61 of the 1983 Act72 applies for the purposes of the referendum but with the modifications in sub-paragraphs (2) to (4) below.
2
For the purposes of the referendum, the following subsections are to be treated as substituted for subsections (1) to (4)—
1
A person shall be guilty of an offence if—
a
he votes in person or by post, whether on his own behalf or as proxy, or applies to vote by proxy or by post on his own behalf, knowing that he is subject to a legal incapacity to vote; or
b
he applies for the appointment of a proxy to vote for him knowing that he is or the person to be appointed is subject to a legal incapacity to vote; or
c
he votes, whether in person or by post, as proxy for some other person knowing that that person is subject to a legal incapacity to vote.
For the purposes of this subsection references to a person being subject to a legal incapacity to vote do not, in relation to things done before polling day, include his being below voting age if he will be of voting age on that day.
2
A person shall be guilty of an offence if—
a
he votes on his own behalf otherwise than by proxy more than once; or
b
he votes on his own behalf in person when he is entitled to vote by post; or
c
he votes on his own behalf in person knowing that a person appointed to vote as his proxy either has already voted in person or is entitled to vote by post; or
d
he applies under Part 3 of the European Union Referendum (Conduct) Regulations 2016 for a person to be appointed as his proxy to vote for him without applying for the cancellation of a previous appointment of a third person then in force under that Part or without withdrawing a pending application for such an appointment.
3
A person shall be guilty of an offence if—
a
he votes as proxy for the same person more than once; or
b
he votes in person as proxy for another person and he is entitled to vote by post as proxy for that person; or
c
he votes in person as proxy for another person and he knows that other person has already voted in person.
4
A person shall also be guilty of an offence if he votes as proxy for more than two persons of whom he is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.
3
Subsection (6A) has effect for the purposes of the referendum as if for the words from “in pursuance of” to the end there were substituted “in reliance on Case 3, 4, 5 or 6 in regulation 37 of the European Union Referendum (Conduct) Regulations 2016”.
4
For the purposes of the referendum the following are to be treated as omitted—
a
subsection (6B);
b
subsection (7)(b).
5
Paragraph 2(1) of this Schedule (meaning of “vote”) does not apply for the purposes of—
a
subsection (2)(a) and (c), or
b
subsection (3)(a) and (c),
of section 61 of the 1983 Act as applied by this paragraph, and in those provisions “vote” is to be read in accordance with sub-paragraphs (6) and (7).
6
In subsections (2)(a) and (3)(a) “vote” means vote in the referendum (and does not exclude voting in Gibraltar).
7
In subsections (2)(c) and (3)(c)—
a
references to voting in person are to voting in the referendum in person either in the United Kingdom or Gibraltar, and
b
references to voting by post are to voting in the referendum by post, either under the law of the United Kingdom relating to postal voting or under the law of Gibraltar relating to postal voting.
8
But—
a
a person does not commit an offence under subsection (2)(a) or (3)(a) of section 61 of the 1983 Act as applied by this paragraph unless at least one of the votes mentioned in subsection (2)(a) or (3)(a) (as the case may be) is a vote in the United Kingdom;
b
a person does not commit an offence under subsection (2)(c) of section 61 of the 1983 Act as so applied unless either or both of the following apply—
i
the person’s vote on his own behalf is a vote in person in the United Kingdom;
ii
the proxy’s vote (or entitlement to a postal vote) is a vote in (or an entitlement to a postal vote in) the United Kingdom;
c
a person does not commit an offence under subsection (3)(c) of section 61 of the 1983 Act as so applied unless at least one of the votes mentioned in subsection (3)(c) is a vote in person in the United Kingdom.
9
In sub-paragraph (6) the reference to voting “in Gibraltar” is to voting—
a
in person in Gibraltar, or
b
by post under the law of Gibraltar relating to postal voting,
and in sub-paragraph (8) references to a vote “in the United Kingdom” are to be read accordingly.
Offences relating to applications for absent voting15
Section 62A(1) to (5) of the 1983 Act73 applies for the purposes of the referendum but as if—
a
in subsection (1)(a) the words “at a parliamentary or local government election” were omitted, and
b
in subsection (2)(c) for “returning officer” there were substituted “counting officer”.
Breach of official duty16
Section 63 of the 1983 Act74 applies for the purposes of the referendum but as if for subsections (3) and (4) there were substituted—
3
The persons to whom this section applies are—
a
the Chief Counting Officer,
b
any Regional Counting Officer,
c
any counting officer,
d
any registration officer,
e
the Gibraltar registration officer,
f
any presiding officer, or any equivalent officer in Gibraltar,
g
any official designated by a universal postal service provider (within the meaning given by section 202), and
h
any deputy of a person mentioned in any of paragraphs (a) to (g) above or any person appointed to assist, or in the course of his employment assisting, a person so mentioned in connection with his official duties;
and “official duty” shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by this Act, the European Union Referendum Act 2015 or regulations under section 4 of that Act, Gibraltar conduct law, the Gibraltar Act titled the European Parliamentary Elections Act 2004 or the law of the United Kingdom or of Gibraltar relating to referendums.
4
Where—
a
a Regional Counting Officer or counting officer is guilty of an act or omission in breach of his official duty, but
b
he remedies that act or omission in full by taking steps under paragraph 9 of Schedule 3 to the European Union Referendum Act 2015,
he shall not be guilty of an offence under subsection (1) above.
Tampering with papers17
1
Section 65 of the 1983 Act75 applies for the purposes of the referendum but with the following modifications.
2
Subsection (1) has effect for those purposes as if—
a
for “at a parliamentary or local government election” there were substituted “in the referendum”,
b
paragraph (a) were omitted, and
c
in paragraph (f), for “election” there were substituted “referendum”.
3
But nothing in that subsection is to be taken to apply to anything done in connection with the referendum so far as held in Gibraltar.
4
For the purposes of the referendum the following subsection is to be treated as substituted for subsection (2)—
2
In Scotland, a person shall be guilty of an offence if—
a
in the referendum, he forges or counterfeits any ballot paper or the official mark on any ballot paper; or
b
he fraudulently or without due authority, as the case may be, attempts to do any of those things.
5
Subsection (3) has effect for the purposes of the referendum as if for “a returning officer” there were substituted “the Chief Counting Officer, a Regional Counting Officer, a counting officer”.
Requirement of secrecy18
1
Section 66(1) to (6) of the 1983 Act76 applies for the purposes of the referendum but with the following modifications.
2
Subsection (1) has effect for those purposes as if—
a
for paragraphs (a) to (c) there were substituted—
a
the Chief Counting Officer, and every Regional Counting Officer and counting officer, attending at a polling station in the United Kingdom,
b
every deputy of such an officer so attending,
c
every presiding officer and clerk so attending,
d
every referendum agent, polling agent and counting agent so attending, and
e
every person so attending by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000,
b
in paragraph (i) for “elector or proxy for an elector” there were substituted “person”, and
c
in paragraph (ii) for “elector” there were substituted “person”.
3
The references in subsections (1) and (4) to the closure of the poll are to be read, in relation to the referendum, as references to the closure of the poll in the United Kingdom or Gibraltar, whichever is the later.
4
Subsections (2)(b), (3)(b) and (c), (4)(d) and (5) have effect for the purposes of the referendum as if for “the candidate for whom” there were substituted “the referendum answer for which”.
5
Subsection (3)(d) has effect for those purposes as if for “the name of the candidate for whom” there were substituted “the referendum answer for which”.
6
Subsection (5) has effect for those purposes as if—
a
for “blind voter” there were substituted “voter with disabilities”, and
b
at the end there were inserted—
“Voter with disabilities” has the meaning given by regulation 36(11) of the the European Union Referendum (Conduct) Regulations 2016.
Prohibition on publication of exit polls19
1
Section 66A of the 1983 Act77 applies for the purposes of the referendum but with the following modifications.
2
Subsection (1) has effect for those purposes as if “the referendum” were substituted for each of the following—
a
“an election to which this section applies”, and
b
“the election” (in both places).
3
For the purposes of the referendum subsection (2) is to be treated as omitted.
4
Subsection (4) has effect for the purposes of the referendum as if for the words after “whatever means” there were substituted—
and the reference to a forecast as to the result of the referendum includes a forecast as to the number or proportion of votes expected to be cast for each answer to the referendum question in any region, voting area or other area.
5
In section 66A of the 1983 Act as applied by this paragraph—
a
the reference in subsection (1) to the closure of the poll is to be read as a reference to the closure of the poll in the United Kingdom or Gibraltar, whichever is the later, and
b
the references in subsection (1)(a) to “voters” include any voters in the referendum, whether voting in the United Kingdom or Gibraltar, and “vote” is to be read accordingly,
and, accordingly, paragraph 2(1) of this Schedule (meaning of “vote”) does not apply in relation to that section.
6
In subsection (4) of that section as so applied, the references to the public are to the public in the United Kingdom.
Failure to comply with conditions relating to supply etc of documents20
Section 66B of the 1983 Act78 applies for the purposes of the referendum, but as if in subsection (1)(a) for “imposed in pursuance of regulations under rule 57 of the parliamentary election rules” there were substituted “to which the right to inspect or be supplied with a document or part of document under regulation 58 of the European Union Referendum (Conduct) Regulations 2016 is subject under paragraph (5)(a) of that regulation”.
Broadcasting from outside UK21
Section 92 of the 1983 Act79 applies for the purposes of the referendum but as if in subsection (1)—
a
for “at a parliamentary or local government election” there were substituted “in the referendum”, and
b
for “the election” there were substituted “the referendum”.
Imitation poll cards22
1
Section 94(1) of the 1983 Act80 applies for the purposes of the referendum but as if for “the election of any candidate at a parliamentary election or a local government election to which this section applies” there were substituted “a particular result in the referendum”.
2
The references in section 94(1) to poll cards do not include poll cards for the purposes of the referendum so far as held in Gibraltar.
Disturbances at meetings23
Section 97 of the 1983 Act81 applies for the purposes of the referendum but as if for subsection (2) there were substituted—
2
This section applies to a meeting in connection with the referendum which—
a
is held by a permitted participant during the referendum period (within the meaning given by paragraph 1 of Schedule 1 to the European Union Referendum Act 2015), and
b
is held in the United Kingdom.
Premises used for referendum meetings in Scotland or Northern Ireland24
Section 98 of the 1983 Act82 applies for the purposes of the referendum but as if the reference to public meetings in furtherance of any person’s candidature at a parliamentary or local government election included public meetings to promote or procure a particular result in the referendum.
Officials not to act for candidates25
Section 99 of the 1983 Act83 applies for the purposes of the referendum but as if for subsection (1) there were substituted—
1
If—
a
the Chief Counting Officer,
b
any Regional Counting Officer,
c
any counting officer for a voting area in the United Kingdom,
d
any officer, deputy or clerk appointed by a person mentioned in paragraph (a), (b) or (c), or
e
any officer whose services have been placed at the disposal of a counting officer or Regional Counting Officer under paragraph 6(1) of Schedule 3 to the European Union Referendum Act 2015,
acts as a referendum agent for a permitted participant, he shall be guilty of an offence.
Illegal canvassing by police officers26
Section 100 of the 1983 Act84 applies for the purposes of the referendum but as if in subsection (1)—
a
for “as an elector” there were substituted “on that person’s own behalf”, and
b
the words after “proxy” were omitted.
Payments for exhibition of election notices27
Section 109 of the 1983 Act applies for the purposes of the referendum but as if—
a
in subsection (1) for “the election of a candidate at an election” there were substituted “a particular result in the referendum”,
b
in subsection (2) for “an election” there were substituted “the referendum”, and
c
after subsection (2) there were inserted—
3
In this section “elector” means a person entitled to vote on his own behalf.
Prohibition of paid canvassers28
1
Section 111 of the 1983 Act applies for the purposes of the referendum but as if—
a
for “an election” there were substituted “the referendum”, and
b
for “a candidate’s election” there were substituted “a particular result in the referendum”.
2
But nothing in that section applies in relation to canvassing in Gibraltar in connection with the referendum.
Providing money etc for illegal purposes29
Section 112 of the 1983 Act applies for the purposes of the referendum but as if—
a
the reference in paragraph (a) to the provisions of the 1983 Act were to any provision of the 1983 Act as applied by this Schedule, and
b
the following were omitted—
i
paragraph (b),
ii
in paragraph (c) the words “or expenses”, and
iii
the words “or the incurring of the expenses”.
Bribery30
1
Section 113 of the 1983 Act85 applies for the purposes of the referendum but with the following modifications.
2
Subsection (2) has effect for those purposes as if—
a
for “the return of any person at an election” (in the first two places) there were substituted “a particular result in the referendum”, and
b
paragraph (iii) were omitted.
3
Subsection (3) has effect for those purposes as if for “at any election” (in both places) there were substituted “in the referendum”.
4
Each of subsections (4), (5) and (6) has effect for those purposes as if for “an election” there were substituted “the referendum”.
Treating31
Section 114 of the 1983 Act applies for the purposes of the referendum but as if—
a
in subsection (2) for “an election” there were substituted “the referendum”, and
b
in subsection (3) for “Every elector or his proxy” there were substituted “Every person entitled to vote on his own behalf, and every proxy of such a person,”.
Undue influence32
Section 115 of the 1983 Act86 applies for the purposes of the referendum but as if after subsection (2) there were inserted—
3
In this section “elector” means a person entitled to vote on his own behalf.
Rights of creditors where applied provision prohibits payments33
In section 116 of the 1983 Act the reference to the provisions of Part 2 of that Act prohibiting payments and contracts for payments includes any such provision as applied by this Schedule.
Saving for employees to be absent for voting34
Section 117(2) of the 1983 Act applies for the purposes of the referendum but as if—
a
for “parliamentary electors or their proxies” there were substituted “persons entitled to vote (on their own behalf or as proxies)”,
b
the words “at a parliamentary election” were omitted, and
c
in paragraphs (b) and (c), for “any particular candidate at the election” there were substituted “a particular answer in the referendum”.
Computation of time35
1
Section 119 of the 1983 Act87, in its application for the purposes of any provision of the 1983 Act as applied by this Schedule, has effect as if for subsection (3) there were substituted—
3
In this section, in relation to a voting area—
a
“bank holiday” means any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom in which the voting area is situated, and
b
“a day appointed for public thanksgiving or mourning” means a day appointed in the part of the United Kingdom in which the voting area is situated as a day of public thanksgiving or mourning.
2
The reference in sub-paragraph (1) to section 119 of the 1983 Act includes that section as applied by any other provision of that Act.
Application for relief36
1
Section 167(1) to (2)88 applies for the purposes of the referendum but with the following modifications.
2
For the purposes of the referendum the following subsection is to be treated as substituted for subsection (1)—
1
An application for relief under this section may be made to the High Court.
3
Subsection (2)(c) has effect for those purposes as if the words from “in the constituency” to “was held,” were omitted.
Powers of court on conviction of corrupt practice37
In section 168 of the 1983 Act89—
a
the reference in subsection (1) to a person who is guilty of a corrupt practice includes a person who is guilty of a corrupt practice under a provision of the 1983 Act as applied by this Schedule,
b
the reference in subsection (1)(a) to section 60 or 62A includes either of those sections as so applied, and
c
the reference in subsection (7) to the offence of bribery or treating includes an offence under section 113 or 114 of the 1983 Act as applied by this Schedule.
Prosecution and conviction of illegal practice and illegal payments38
a
references to an illegal practice include an illegal practice under a provision of the 1983 Act as applied by this Schedule,
b
references to a corrupt practice include a corrupt practice under such a provision, and
c
references to an offence of illegal payment or employment include an offence of illegal payment or employment under such a provision;
and in section 173(2) any reference to a corrupt practice or illegal practice under a section mentioned there includes a reference to a corrupt practice or illegal practice under that section as applied by this Schedule.
Time limit for prosecutions39
1
In section 176 of the 1983 Act94, the reference in subsection (1) to any offence under any provision contained in the 1983 Act includes any offence under any such provision as applied by this Schedule.
2
Subsections (2) to (2G) of section 176 of the 1983 Act have effect in relation to such an offence (“a referendum offence”) with the following modifications.
3
Subsection (2C) has effect in relation to a referendum offence as if for “rule 57 of the parliamentary elections rules” there were substituted “regulation 58 of the European Union Referendum (Conduct) Regulations 2016”.
4
Subsection (2D) has effect in relation to a referendum offence as if for paragraph (a) there were substituted—
a
directing the registration officer not to cause the documents to be destroyed at the expiry of the period of one year mentioned in regulation 58 of the European Union Referendum (Conduct) Regulations 2016,
Prosecution of offences committed outside the United Kingdom40
In section 178 of the 1983 Act95 the reference to an offence under that Act includes an offence under any provision of that Act as applied by this Schedule.
Offences by associations41
In section 179 of the 1983 Act96—
a
the reference to any corrupt or illegal practice includes any corrupt or illegal practice under any provision of the 1983 Act as applied by this Schedule, and
b
the reference to any illegal payment, employment or hiring includes any illegal payment or employment under any such provision.
Director of Public Prosecutions42
In section 181(1) of the 1983 Act97 the reference to any offence under that Act includes any offence under any provision of that Act as applied by this Schedule.
Service of notices43
Section 184 of the 1983 Act98 applies for the purposes of the referendum but as if in subsection (1)—
a
for “an election” there were substituted “the referendum”,
b
for the words from “the High Court” to “any election court” there were substituted “the High Court or the county court”, and
c
in paragraph (a), the words from “in the constituency” to “held” were omitted.
Computation of time for purposes of Part 344
In section 186 of the 1983 Act the reference to Part 3 of that Act includes any provision of that Part as applied by this Schedule.
Translations etc of certain documents45
1
Section 199B(1) to (9) of the 1983 Act99 applies for the purposes of the referendum but with the following modifications.
2
For those purposes, the following subsection is to be treated as substituted for subsection (1)—
1
Subsections (2) and (3) below apply to any document which under or by virtue of this Act, the European Union Referendum Act 2015 or the European Union Referendum (Conduct) Regulations 2016 is required or authorised—
a
to be given to voters, or
b
to be displayed in any place in the United Kingdom, for the purposes of the referendum.
3
Subsection (4) has effect for the purposes of the referendum as if paragraph (a) were omitted.
4
For the purposes of the referendum the following subsections are to be treated as substituted for subsections (5) to (7)—
5
The counting officer for a voting area in the United Kingdom may cause to be displayed at every polling station in that area an enlarged sample copy of the ballot paper.
6
The sample copy mentioned in subsection (5) above—
a
must have printed on it the words “Put a cross (X) in one box only” both at the top and immediately below the referendum question, and
b
below the second occurrence of those words, may include a translation of those words into such other languages as the counting officer thinks appropriate.
7
The counting officer for a voting area in the United Kingdom must provide at every polling station in that area an enlarged hand-held sample copy of the ballot paper for the assistance of voters who are partially sighted.
5
Subsection (9) has effect for the purposes of the referendum as if for “returning officer” there were substituted “counting officer”.
General interpretation46
In its application for the purposes of any provision of the 1983 Act as applied by this Schedule, section 202 of the 1983 Act100 has effect as if in subsection (1)—
a
for the definition of “list of proxies” there were substituted—
“list of proxies” is to be read in accordance with paragraph 1(1) of Schedule 1 to the European Union Referendum (Conduct) Regulations 2016;
b
for the definition of “voter” and “vote” there were substituted—
“vote” and “voter” are to be read in accordance with paragraph 2(1) of Schedule 1 to the European Union Referendum (Conduct) Regulations 2016 (subject to any provision to the contrary in that Schedule).
General application to Scotland47
Section 204(3), (5) and (8) of the 1983 Act applies for the purposes of any provision of the 1983 Act as applied by this Schedule, so far as that provision applies to Scotland.
General application to Northern Ireland48
Section 205 of the 1983 Act101 applies for the purposes of any provision of the 1983 Act as applied by this Schedule, so far as that provision applies to Northern Ireland.
Premises used for poll: Scotland and Northern Ireland49
Rule 22(3) in Schedule 1 to the 1983 Act102 applies for the purposes of the referendum but as if the reference to use for the purpose of taking the poll in an election included use by a counting officer for the purpose of taking the poll in the referendum.