SCHEDULES
SCHEDULE 3CONDUCT OF THE REFERENDUMS, &c.
Application of enactments
13
1
The provisions set out in column (1) of Tables 1 to 4 below shall have effect in relation to the referendum in Scotland.
2
The provisions set out in column (1) of Tables 1 to 3 and 5 below shall have effect in relation to the referendum in Wales.
3
In their application for the purposes of a referendum, the provisions set out in column (1) of the Tables below shall have effect with the modifications shown in column (2) and any other necessary modifications; in particular, except where the context otherwise requires—
a
a reference to an election shall be construed as a reference to a referendum,
b
a reference to a constituency shall be construed as a reference to a local government area in Scotland or a county or county borough in Wales,
c
a reference to voting for, or a vote for, a candidate shall be construed as a reference to voting for, or a vote for, a proposition,
d
a reference to promoting or procuring the election of a candidate, or furthering a person’s candidature, shall be construed as a reference to promoting or procuring a particular result in a referendum,
e
a reference to the return of a person shall be construed as a reference to a particular result in a referendum,
f
a reference to a person voting as an elector shall be construed as a reference to a person voting on his own behalf,
g
a reference to a person’s entitlement as an elector to an absent vote shall be construed as a reference to a person’s entitlement to vote by post on his own behalf or to vote by proxy,
h
where anything is required to be done in the presence of election, polling, counting or other agents, the reference to the presence of agents shall be ignored,
i
a reference to anything being prescribed shall be construed as a reference to its being provided for by a provision of subordinate legislation applied by this Schedule,
j
a form which is required to be used may be used with such variations as the circumstances may require, and
k
a reference to the registration officer is a reference to the relevant registration officer appointed under section 8 of the [1983 c. 2.] Representation of the People Act 1983; and for the purpose of the exercise of a registration officer’s functions in relation to a referendum, sections 52(1) to (4) (discharge of registration duties) and 54(1), (3) and (4) (payment of expenses of registration) of the 1983 Act shall have effect.
(1) | (2) |
---|---|
Provision | Modification |
Section 18 (polling districts and polling places) | For subsections (1) to (8) substitute—
|
Section 29(3) to (4A) and (5) to (9) (payments by and to returning officer) | A reference to a returning officer is to be construed as a reference to a returning officer, a counting officer or a Chief Counting Officer. |
Section 30(1) to (3) (taxation of returning officer’s account) | A reference to a returning officer shall be construed as a reference to a returning officer, a counting officer or a Chief Counting Officer. |
Section 47(1) (loan of equipment for local elections) | Omit the words “at a local government election”. |
Section 49(2), (4) and (5) (effect of registers) | In subsection (5)—
|
Section 50(b) and (c) (effect of misdescription) | |
Section 60 (personation) | |
Section 61 (other voting offences) | For subsections (2) to (4) substitute—
|
Section 63 (breach of official duty) | The reference in subsection (3)(b) to a returning officer shall be construed as a reference to a returning officer, a counting officer or a Chief Counting Officer. |
Section 65 (tampering with papers) | The reference in subsection (3) to a returning officer shall be construed as a reference to a returning officer, a counting officer or a Chief Counting Officer. |
Section 66 (requirement of secrecy) | For subsection (1)(b) substitute—
|
Section 92 (broadcasting from outside the United Kingdom). | |
Section 94(1) (imitation poll cards) | |
Section 95 (schools and rooms for meetings) | For subsection (1) substitute—
|
Omit subsection (2). | |
In subsection (3), omit “situated in the constituency”. | |
In subsection (4), omit “or on whose behalf”. | |
In subsection (5), for “candidate” substitute “person”. | |
The lists maintained in accordance with paragraph 3 of Schedule 5 to the 1983 Act shall have effect for the purposes of a referendum; and any person shall, before a referendum, be entitled at all reasonable hours to inspect those lists or a copy of them. | |
Section 97 (disturbances at election meetings) | For subsection (2) substitute—
|
Section 100(1) and (2) (illegal canvassing by police officers) | In subsection (1), for the words from “from giving his vote” to the end substitute “from giving his vote, in a referendum, in a local government area wholly or partly within the police area”. |
Sections 101 to 104 (conveyance of voters) | |
Section 105(1) and (3) (access to polling place by sea) | The reference in subsection (1) to a county constituency shall be construed as a reference to a local government area in Scotland or a county or county borough in Wales. |
Section 109 (payments for exhibition of election notices) | |
Section 110 (printer’s name and address on election publications) | For subsection (3) substitute—
|
Section 111 (prohibition of paid canvassers) | |
Section 112(a) and (c) (providing money for illegal purposes) | |
Sections 113 to 115 (bribery, treating and undue influence) | |
Section 116(a) (rights of creditors) | |
Section 117(2) (granting employees right of absence to vote) | |
In section 118 (interpretation of Part II), the definitions of “money”, “pecuniary reward” and “payment” | |
Section 160(4), (5) and (7) (persons guilty of corrupt or illegal practices) | This section has effect only for the purposes of the application of section 173; and—
|
Section 167 (application for relief) | |
Sections 168 to 170 (prosecutions for corrupt and illegal practices) | |
Section 173 (incapacities on conviction of corrupt or illegal practice) | |
Sections 174 to 176 (mitigation of incapacities, illegal payments, &c., and prosecutions) | |
Section 177 (summary trial) | For “in the county in which the local government area for which the election was held is situated or which it adjoins” substitute “in the county or county borough where, or in relation to which, the offence is alleged to have been committed”. |
Section 178 (prosecution of offences committed outside the United Kingdom) | |
Section 179 (offences by associations) | |
Section 181(1) (Director of Public Prosecutions) | |
Section 184 (service of notices) | |
In section 185 (interpretation of Part III), the definitions of “judicial office”, “money” and “pecuniary reward”, “payment”, and “public office” | |
Section 200(1) and (2) (public notices, and declarations) | |
In section 202 (interpretation), the definitions in subsection (1) of “the absent voters' list”, “citizen of the Union” and “relevant citizen of the Union”, “elector”, “legal incapacity”, “the list of proxies”, “parliamentary elections rules”, “person”, and “voter”; and subsection (2) | |
Section 203(1) (local government provisions as to England and Wales) | |
Section 204(1), (3) and (5) (general application to Scotland) |
(1) | (2) |
---|---|
Provision | Modification |
Rule 20 (ballot papers: official mark) | For paragraph (2) substitute—
|
Rule 22(1) and (2) (use of schools and public rooms) | |
Rule 23(1) (notice of poll) | For “in the statement of persons nominated include” substitute “publish, not later than the tenth day before the date of the referendum,”. |
Rule 24 (postal ballot papers) | Omit “and in no event later than any date which may be prescribed as the last date for the purpose”. |
Rule 25 (provision of polling stations) | |
Rule 26 (appointment of presiding officers and clerks) | In paragraph (1), for the words from “but he shall not appoint” to the end substitute “and the counting officer shall appoint and pay such persons as may be necessary for the purpose of the counting of the votes”. |
Rule 28(1) to (3) (issue of official poll cards) | |
Rule 29 (equipment of polling stations) | For the notice referred to in paragraph (4) substitute the notice in the Appendix to this Schedule. |
For paragraph (5) substitute—
| |
Rule 31 (notification of requirement of secrecy) | The reference in paragraph (a) to section 66 of the 1983 Act shall be construed as a reference to that section as modified in Table 1. |
The duty under paragraph (b) shall be the duty not of the returning officer but of the counting officer. | |
Rule 32(1), (3) and (4) (admission to polling station) | In paragraph (1), for sub-paragraphs (a) and (b) substitute—
|
Rule 33 (keeping order in station) | |
Rule 34 (sealing of ballot boxes) | |
Rule 35 (questions to be put to voters) | For paragraphs (1) and (2) substitute—
|
In the case of the referendum in Wales, article 5 of, and Forms 1 to 3 in Schedule 2 to, the Representation of the [S.I. 1989/429.] People (Welsh Forms) Order 1989 (which prescribe Welsh versions of questions) shall have effect in relation to rule 35 as applied in this Table, with the following modifications—
| |
Rule 36 (challenge of voter) | For “a candidate or his election or polling agent” substitute “a Member of Parliament or a member of the council for a local government area in Scotland or a county or county borough in Wales”. |
Rule 37 (voting procedure) | In the case of the referendum in Scotland, a person may apply under this rule for either or both of the two forms of ballot paper. |
Rule 38 (votes marked by presiding officer) | |
Rule 39 (voting by blind persons) | |
Rule 40 (tendered ballot papers) | |
Rule 41 (spoilt ballot papers) | |
Rule 42 (adjournment of poll in case of riot) | After “returning officer” insert “and the counting officer”. |
Rule 43 (procedure on close of poll) | A reference to the returning officer is to be construed as a reference to the counting officer. |
Rule 45 (the count) | A reference to the returning officer is, except in paragraph (2), to be construed as a reference to the counting officer. |
A reference to counting agents or election agents is to be construed as a reference to observers. | |
In paragraph (5), for “election agent” substitute “observer present at the verification”. | |
In paragraph (6), for “in so far as he and the agents agree” substitute “, if his Chief Counting Officer approves,”; and omit from “For the purposes of this exception” to the end. | |
For paragraph (7) substitute—
| |
Rule 47 (rejected ballot papers) | A reference to the returning officer is to be construed as a reference to the counting officer. |
In paragraph (3), omit from “and shall add to the endorsement” to the end. | |
Rule 54 (sealing up of ballot papers) | A reference to the returning officer is to be construed as a reference to the counting officer. |
The Appendix of Forms: form of declaration to be made by the companion of a blind voter | For “election now being held in this constituency”—
|
For “said election” in each place substitute “said referendum”. | |
In the case of the referendum in Wales, article 5 of, and Form 6 in Schedule 2 to, the [S.I. 1989/429.] Representation of the People (Welsh Forms) Order 1989 (which prescribe a Welsh version of the form of declaration to be made by the companion of a blind voter) shall have effect in relation to the form in the Appendix as applied in this Table, with the following modifications—
|
(1) | (2) |
---|---|
Provision | Modification |
In the application of any provision of the 1985 Act to a referendum, a reference to prescribed requirements is to be construed as a reference to the requirements of the provisions of—
as applied by Tables 4 and 5. | |
Section 5 (manner of voting) | In subsection (1), for “at a parliamentary or local government election” substitute “in a referendum”. |
In subsection (5) for “constituency or, as the case may be, electoral area” substitute “local government area in Scotland or county or county borough in Wales”. | |
For subsection (6) substitute—
| |
In subsection (7), for the definition of “appropriate rules” substitute—
| |
Section 7 (absent vote at a particular election and absent voters list) | In subsection (1)—
|
In subsection (2)—
| |
In subsection (4)—
| |
Section 8 (proxies) | In subsection (1), for “at any parliamentary or local government election” substitute “in a referendum”. |
For subsection (2) substitute—
| |
Omit subsection (3). | |
In subsection (3A)—
For subsection (5) substitute—
| |
Subsection (6) shall not have effect to permit applications in relation to referendums; but an appointment made under subsection (6) which has effect in relation to local government elections shall have effect in relation to a referendum. | |
For subsection (7) substitute—
| |
For subsections (9) and (10) substitute—
| |
Section 9 (voting as proxy) | In subsections (1), (3) and (9), for “parliamentary or local government election” substitute “referendum”. |
Subsections (4) to (6) shall not have effect to permit applications in relation to referendums; but the record kept under subsection (6) shall have effect for the purposes of the application to the referendums of subsection (9). | |
In subsections (8) and (9), for “elections of the kind in question” substitute “local government elections”. | |
In subsection (10), for “is or will be registered in the register of parliamentary electors, local government electors, or both (as the case may be)” substitute “will be entitled to vote in the referendum”. | |
Section 12(3) and (4) (offences) |
(1) | (2) |
---|---|
Provision | Modification |
In regulation 4(1) (interpretation), the definitions of “available for inspection”, “electoral area”, “local authority”, “local government area”, “postal proxy”, “register”, “registration area” and “registration officer” | |
Regulation 5(1)(b) and (2) (forms) | |
Regulation 6(1) and (2) (sending of applications, notices, &c.) | |
Regulation 8 (misnomers) | |
Regulation 10 (official poll card) | |
Regulation 12 (interference with notices, &c.) | |
Regulation 61 (absent voters: general requirements for applications) | |
Regulation 64 (applications in respect of a particular election) | |
Regulation 65 (additional requirements for applications for appointments of proxy) | |
Regulation 66 (additional requirements for application by proxies to vote by post at a particular election) | |
Regulation 67(1) to (5) (closing dates for applications) | |
Regulation 68 (grant or refusal of applications) | The reference to Form C shall be construed as a reference to the form of proxy paper in the Appendix to this Schedule. |
Regulation 70 (cancellation of proxy appointment) | |
Regulation 72 (records and lists) | |
Regulation 73 (marked register for polling stations) | |
Regulation 74 (certificate of employment at an election) | |
Regulation 75 (interpretation of Part V) | |
Regulation 77 (form of declaration of identity) | Omit the words after “Form G”. |
Regulation 78(1)(a) (persons entitled to be present at issue and receipt of postal ballot papers) | |
Regulation 79 (notification of requirement of secrecy) | |
Regulation 81(1) and (2) (marking of postal ballot papers) | |
Regulation 82 (refusal to issue postal ballot paper) | For the words from “more than one ballot paper” to the end substitute “more than one of each form of ballot paper in respect of that elector”. |
Regulation 83(1) and (2) (envelopes) | |
Regulation 84 (delivery of postal ballot papers to post office) | |
Regulation 85 (provision of postal voters' ballot box) | For paragraph (2) substitute—
|
Regulation 86 (sealing up of special lists and counterfoils) | |
Regulation 87 (spoilt postal ballot papers) | In paragraph (1)—
|
Omit paragraph (2). | |
In paragraph (3)—
| |
In paragraph (5), for the words “The spoilt postal ballot paper, and any other postal ballot paper issued with it under regulation 76 above,” substitute “The returned postal ballot papers”. | |
Regulation 88 (receipt of covering envelope) | |
Regulation 89(1) and (2) and (4) to (7) (opening of postal voters' ballot box) | In paragraph (4) for the words from “and every such ballot box” to the end substitute “; and every ballot box shall, while empty, be locked by the returning officer and sealed with his seal in such manner as to prevent its being opened without breaking the seal.”. |
Regulation 90 (opening of covering envelopes) | |
Regulation 91 (sealing up of rejected votes and declarations of identity) | |
Regulation 92 (opening of ballot paper envelopes) | |
Regulation 94 (forwarding of documents) | For paragraph (1) substitute—
|
Omit paragraphs (3) and (4). | |
In Schedule 2 (forms), Form D (elector’s official poll card) | On the front of the card—
|
On the back of the card—
| |
In Schedule 2 (forms), Form E (proxy’s official poll card) | On the back of the card, for “elector’s ballot paper” substitute “elector’s ballot papers”. |
In Schedule 2 (forms), Form F (certificate of employment) | For the heading “ELECTION IN THE … CONSTITUENCY” substitute “REFERENDUM … LOCAL GOVERNMENT AREA”. |
For “constituency named above” and “above constituency” substitute “local government area named above”. | |
For “election” in each place substitute “referendum”. | |
In Schedule 2 (forms), Form G (declaration of identity) | On the front of the form, for the heading “REPRESENTATION OF THE PEOPLE ACTS” substitute “REFERENDUM”. |
For “Ballot Paper No.” substitute “Ballot Paper Nos.”. | |
For “the ballot paper numbered as above was sent” substitute “the ballot papers numbered as above were sent”. | |
On the back of the form—
|
(1) | (2) |
---|---|
Provision | Modification |
In regulation 4(1) (interpretation), the definitions of “available for inspection”, “postal proxy”, “register”, and “registration officer”. | |
Regulation 6(1)(b) (forms) | |
Regulation 7 (sending of applications, notices, &c.) | |
Regulation 9 (misnomers) | |
Regulation 11 (official poll card) | The reference to Form E is to be construed as a reference to the form of elector’s official poll card in Part II of the Schedule to the Representation of the [S.I. 1986/1460.] People (Welsh Forms) Order 1986 with the following modifications—
|
The reference to Form F is to be construed as a reference to the form of proxy’s official poll card in Part II of the Schedule to the Representation of the [S.I. 1986/1460.] People (Welsh Forms) Order 1986 with the following modifications—
| |
Regulation 13 (interference with notices, &c.) | |
Regulation 63 (absent voters: general requirements for applications) | |
Regulation 66 (additional requirements for applications in respect of a particular election) | |
Regulation 67 (additional requirements for applications for appointment of proxy) | |
Regulation 68 (additional requirements for applications by proxies to vote by post at a particular election) | |
Regulation 69(1) to (5) (closing dates for applications) | |
Regulation 70 (grant or refusal of applications) | The reference to Form D shall be construed as a reference to the form of proxy paper in the Appendix to this Schedule. |
Regulation 72 (cancellation of proxy appointment) | |
Regulation 74 (records and lists) | |
Regulation 75 (marked register for polling stations) | |
Regulation 76 (certificate of employment at an election) | The reference to Form G is to be construed as a reference to the form of certificate of employment in the Appendix to this Schedule. |
Regulation 77 (interpretation of Part V) | |
Regulation 79 (form of declaration of identity) | For the words from “shall be” to the end substitute
|
Regulation 80(1)(a) (persons entitled to be present at issue and receipt of postal ballot papers) | |
Regulation 81 (notification of requirement of secrecy) | |
Regulation 83(1) and (2) (marking of postal ballot papers) | |
Regulation 84 (refusal to issue postal ballot paper) | |
Regulation 85(1) and (2) (envelopes) | |
Regulation 86 (delivery of postal ballot papers to post office) | |
Regulation 87 (provision of postal voters' ballot box) | For paragraph (2) substitute—
|
Regulation 88 (sealing up of special lists and counterfoils) | |
Regulation 89 (spoilt postal ballot papers) | Omit paragraph (2). |
In paragraph (3)—
| |
In paragraph (5) omit “, and any other postal ballot paper issued with it under Regulation 78 above”. | |
Regulation 90 (receipt of covering envelope) | |
Regulation 91(1) and (2) and (4) to (7) (opening of postal voters' ballot box) | In paragraph (4) for the words from “and every such ballot box” to the end substitute “; and every ballot box shall, while empty, be locked by the returning officer and sealed with his seal in such manner as to prevent its being opened without breaking the seal.”. |
Regulation 92 (opening of covering envelopes) | |
Regulation 93 (sealing up of rejected votes and declarations of identity) | |
Regulation 94 (opening of ballot paper envelopes) | |
Regulation 96 (forwarding of documents) | For paragraph (1) substitute—
Omit paragraphs (2), (4) and (5). |