The National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010

PART 2 General Provisions

Notice of the referendum

3.—(1) The counting officer must give public notice of the referendum not later than the twenty-fifth day before the date of the poll at the referendum.

(2) The notice must be in English and Welsh and must state —

(a) the date of the poll;

(b) the question to appear on the ballot paper and the statement to precede that question on the ballot paper;

(c) the hours of polling;

(d) a description of who is entitled to vote; and

(e) the date by which the following applications must reach the registration officer in order that they may be effective for the referendum —

(i) applications to vote by post or by proxy; and

(ii) other applications and notices about postal or proxy voting.

Hours of polling

4.  The hours of polling are between 7a.m. and 10p.m. on the day of the poll at the referendum.

Poll to be taken by ballot

5.  The votes in the referendum are to be given by ballot.

The ballot paper

6.—(1) The ballot of every voter is to consist of a ballot paper.

(2) Each ballot paper is to be in the form D set out in Schedule 6 and is to be printed in accordance with the directions set out in that Schedule following that form.

(3) Each ballot paper must —

(a) set out the question and preceding statement as specified in article 4;

(b) be capable of being folded up; and

(c) have a number and other unique identifying mark printed on the back.

The corresponding number list

7.—(1) The counting officer must prepare a list (in this Order referred to as “the corresponding number list”) containing the numbers and other unique identifying marks of all ballot papers to be—

(a) issued by the officer in pursuance of rule 12(1), or

(b) provided by the officer in pursuance of rule 16(1).

(2) The corresponding number list must be in the form E set out in Schedule 6.

The official mark

8.—(1) Every ballot paper must contain an appropriate security marking (in these Rules referred to as “the official mark”).

(2) The official mark must be kept secret.

(3) The counting officer may use a different official mark for different purposes.

Prohibition of disclosure of vote

9.  A person who has voted in the referendum may not be required, in any legal proceedings to question the referendum, to state for which answer that person has voted.

Use of schools and public rooms for polling

10.—(1) The counting officer may use, free of charge, for the purpose of taking the poll —

(a) a room in a school to which this rule applies, or

(b) a room the expense of maintaining which is payable wholly or mainly out of public funds.

(2) This rule applies to a school maintained or assisted by a local authority or a school in respect of which grants are made out of money provided by Parliament or the Welsh Ministers to the person or body of persons responsible for the management of the school.

(3) The counting officer must make good any damage done to, and defray any expense incurred by the persons having control over, any such room as referred to in paragraph (1) by reason of its being used for the purpose of taking the poll.