SCHEDULE 2MODIFICATIONS OF ACTS AND STATUTORY INSTRUMENTS

PART 3TABLE

Representation of the People (England and Wales) Regulations 2001|

(1)(2)
ProvisionModification
In regulation 3(1) (interpretation), the definitions of “1985 Act”, “2000 Act”, “available for inspection”, “data”, “data form”, “edited register”, “register”, “registration area” and “registration officer”.
Regulation 3(2)

At the end of sub-paragraph (b), insert—

, or

(c)the corresponding rule in the Rules in Schedule 1 to the Regional Assembly and Local Government Referendums Order 2004.

Regulation 3(3)
Regulation 4 (forms), paragraph (1)(b) (forms) and to the extent of Forms E and K in Schedule 3, paragraph (2) of the regulation
Regulation 5 (communication of applications, notices etc.)
Regulation 6 (electronic signatures)
Regulation 7(1) (copies of documents)
Regulation 8 (time)In paragraph (3) omit “Maundy Thursday,”.
Regulation 50 (interpretation of Part IV)
Regulation 51 (general requirements for applications for an absent vote)In paragraph (4), in sub-paragraph (b) for “or both” substitute “or referendums, or more than one, and if so which, of such polls”.

For paragraph (5), substitute—

An application under Schedule 4 which is made for a particular Regional Assembly referendum where the poll is not combined, or for particular combined referendums, must—

(a)state that it is so made, and

(b)identify the referendum or referendums in question,

but where the application is for combined referendums it shall have effect as an application for both referendums.

Regulation 52 (additional requirements for applications for the appointment of a proxy)
Regulation 53 (additional requirements for application for a proxy vote for a definite or indefinite period on grounds of physical incapacity or blindness)
Regulation 54 (additional requirements for applications for a proxy vote for a definite or indefinite period based on occupations, service, employment or attendance on a course)
Regulation 55 (additional requirements for applications for a proxy vote in respect of a particular election)

For regulation 55 substitute—

55.  An application under paragraph 4(2) of Schedule 4 to vote by proxy at a particular Regional Assembly referendum where the poll is not combined, or at particular combined referendums, shall set out why the applicant’s circumstances are such that he cannot reasonably be expected to vote on his own behalf.

Regulation 56 (closing dates for applications)

For paragraph (1) substitute—

(1) An application under paragraph 3(2), 3(6) or 6(7) of Schedule 4 shall be disregarded for the purposes of a particular Regional Assembly referendum where the poll is not combined, or of particular combined referendums, and an application under paragraph 4(2), 4(3) or 4A(1) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the sixteenth day before the date of the referendum or referendums.

Omit paragraph (2).

In paragraph (5)—

(a)

for “parliamentary or local government election” substitute “Regional Assembly referendum where the poll is not combined, or particular combined referendums”, and

(b)

for “eleventh” substitute “sixteenth”.

In paragraph (6), omit “Maundy Thursday,”.

In paragraph (7)—

(a)

omit sub-paragraph (a); and

(b)

in sub-paragraph (b), after “local government election” insert “or referendum”.

Regulation 57 (grant of applications)Omit paragraph (1).

In paragraph (2)—

(a)

omit “and”, and

(b)

after “the duration of the appointment” insert “and that, for the duration of the appointment, the elector cannot vote on his own behalf at a referendum and all ballot papers and accompanying documents for a referendum will be sent to his proxy.”

After paragraph (3) insert—

(3A) The form of proxy paper for the appointment of a proxy under paragraph 6(8A) of Schedule 4 (appointment of proxy at particular referendum or particular combined referendums) as shown in Part 4 of Schedule 3 to the Regional Assembly and Local Government Referendums Order 2004 is prescribed for the purposes of paragraph 6(9) of Schedule 4.

Regulation 58 (notice of appeal)
Regulation 59 (cancellation of proxy appointment)
Regulation 60 (inquiries by registration officer)Omit paragraph (1)(b).
Regulation 61 (records and lists kept under Schedule 4)In paragraph (1), for “candidate or his election agent” substitute “referendum agent”.
In paragraph (3), for “sixth” substitute “sixteenth”.
Regulation 92 (interpretation and application of Part VI etc.)
Regulation 93 (edited version of the register), paragraph (1) in respect of the definition of “the full register” and “the edited register”, and paragraph (5)
Regulation 98 (supply of free copy of full register for electoral purposes and restrictions on use)

For paragraph (6) substitute—

(6) Where a registration officer is not the counting officer for a local government referendum wholly or partly within his referendum area, he shall supply, free of charge, to that officer as many printed copies of the documents referred to in paragraph (3)(a) to (c) above, as the counting officer may reasonably require for the purposes of such a referendum, together with one copy of each in data form.

At the end of paragraph (9) insert “or for purposes connected with the referendum.”
Regulation 106 (supply of full register etc. to registered political parties etc and restrictions on use)In paragraph (1)(c) and (4)(b) after “section 105(1)” (wherever occurring) insert “or 105(1A)”.
Regulation 115 (offences in respect of contravention of Part VI regulations)