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The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Regulation 8

SCHEDULE 3APPLICATION, WITH MODIFICATIONS, OF ACTS AND STATUTORY INSTRUMENTS

TABLE 1REPRESENTATION OF THE PEOPLE ACT 2000

(1)(2)
ProvisionModification
Section 10 (pilot schemes for elections in England and Wales) Government

In subsection (2) —

(a)

after “Representation of the People Acts”, insert “or the Local Act 2000”; and

(b)

in paragraph (c), for “candidates”, substitute “any campaign organiser within the meaning of regulations 6 and 7 of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004”.

In subsection (3) —

(a)

in paragraph (b), for “candidates'” substitute “campaign organisers'”; and

(b)

for “section 75(1) of the 1983 Act (restriction on third party election expenditure)”, substitute “regulations 6 and 7 of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004”.

Omit subsection (4).
In subsection (7) at the end of paragraph (a), insert “or the Local Government Act 2000”.
In subsection (11), for the words after “means” substitute “a county or county borough council”.
Section 12 (changes relating to absent voting at elections in Great Britain)In subsection (1), at the end insert “; and as regards referendums under the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004”.
Schedule 4 (absent voting in Great Britain)

In paragraph 1, in sub-paragraph (1) —

(a)

in the definition of “the appropriate rules”, at the end of paragraph (b), insert

and

(c)in the case of a referendum, the LGA Referendum Rules, within the meaning of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004;

(b)

after the definition of “local government election”, insert the following definition —

“referendum” means a referendum under the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 .

In paragraphs 2 to 7, except in paragraphs 3(4)(a)(i), 6(7), 7(4)(a) and 7(6)(a)(i), after “local government election”, “local government elections”, “elections” and “election”, insert, as the context requires, “or a referendum”, “or referendums”, or “or the referendum”.

In paragraphs 3(4)(a)(i) and 7(6)(a)(i), after “or both,”, insert “or referendums”.

In paragraphs 6(7) and 7(4)(a), after “or at both,”, insert “or at referendums”.

TABLE 2REPRESENTATION OF THE PEOPLE ACT 1983

(1)(2)
ProvisionModification (if any)
Section 13B (alteration of registers: pending elections)(1)

After “election”, in each place, insert “or referendum”.

In subsection (1), for “the final nomination day”, substitute “the nineteenth day before the date of the poll at the referendum”.

After subsection (4), insert

(4A) This section also applies to referendums..

Section 31(1) and (3) (polling districts and stations at local government elections)

In subsection (1) —

(a)

for “elections of county councillors” substitute “referendums by or in respect of a county or county borough”.

In subsection (3), for “local government elections” substitute “referendums”.

Omit “mentioned in subsections (1) to (3) above”.

Section 35(4) (appointments by returning officers)For “subsections (1) to (3)”, substitute “subsection (1) or (3)”.
Section 36(4) and (6) (returning officer’s expenditure at local election)(2)

In subsection (6), for the words from the beginning to “councillor, the council”, substitute “Before a poll is taken at such a referendum as is referred to in subsection (4), the local authority”.

Regulation 8(1)(b) shall not apply in relation to the first reference in subsection (6) to the returning officer.

Section 47 (loan of equipment for local elections)(3)

In subsection (1), for “the returning officer at a local government election”, substitute “the counting officer at a referendum”.

In subsection (2) —

(a)

omit the words from “, or”, at the end of paragraph (a), to “as the case may be,”;

(b)

for “an election held under those Acts” substitute “a referendum held under the Referendums Regulations”.

Section 49(4) and (5) (effect of registers)(4)

In subsection (4), omit “parliamentary or”.

In subsection (5), omit “parliamentary or” and “prevent the rejection of the vote on a scrutiny or”.

Section 60 (personation)Omit “parliamentary or”.
Section 61 (other voting offences)(5)

In subsection (1), after “local government election” and “local government elections”, in each place, insert “or referendum” and “or referendums”, respectively. voting area, or for them without applying for the cancellation of a previous pending application for such an appointment. to vote by post as proxy for that other person, or

For subsections (2) to (4) substitute —

(2) A person shall be guilty of an offence if —

(a)that person votes on their own behalf otherwise than by proxy —

(i)more than once in the same voting area;

(ii)in more than one voting area; or

(iii)in any voting area where there is in force an appointment of a person to vote as that person’s proxy in the referendum in another

(b)that person votes on their own behalf in person and is entitled to vote by post, or

(c)that person votes on their behalf in person knowing that a person appointed to vote as their proxy has already voted in person or is entitled to vote by post, or

(d)that person applies for a person to be appointed as their proxy to vote appointment of a third person then in force or without withdrawing a

(3) A person shall be guilty of an offence if —

(a)that person votes as proxy for the same person either —

(i)more than once in the same voting area, or

(ii)in more than one voting area, or

(b)that person votes in person as proxy for another person and is entitled

(c)that person votes in person as proxy for someone whom that person knows already to have voted in person.

(4) A person shall also be guilty of an offence if that person votes as proxy in any voting area for more than two persons of whom that person is not the husband, wife, parent, grandparent, brother, sister, child or grandchild..

In subsection (7), omit paragraph (b) and the word “and” immediately preceding it.

Section 65 (tampering with papers)(6)

In subsection (1) —

(a)

after “election”, in the first place where it appears, insert “or referendum”; and

(b)

omit paragraph (a).

In subsection (3), for “clerk”, substitute “person”.

Section 66 (requirement of secrecy)(7)

For subsection (1)(b) substitute —

(b)every polling observer, so attending,.

Section 66A (prohibition on publication of exit polls)(8)

In subsection (2) —

(a)

in paragraph (b), after “Wales” insert “; and”; and

(b)

after paragraph (b) insert “(c) any referendum.”.

In subsection (4), omit the words after the definition of “publish”.

Section 92 (broadcasting from outside the United Kingdom)(9)In subsection (1), after “local government election” insert “or referendum”.
Section 94 (imitation of poll cards)(10)In subsection (2), after “section 42 above” insert “or to any referendum in relation to which any rules under section 36, as applied for the purposes of that referendum,”.
Section 96 (schools and rooms for local election meetings)(11)

For subsection (1) substitute —

(1) Subject to the provisions of this section, any person is entitled, for the purpose of holding a public meeting to promote a particular result in the referendum, to use free of charge at reasonable times during the campaign period any meeting room to which this section applies.

(1A) In subsection (1), “the campaign period” means the period of 25 days ending with the day before the date of the referendum..

Omit subsection (2).

In subsection (3) —

(a)

for “electoral area for which the candidate is standing or in a parish or community, as the case may be, in part comprised in that electoral area”, substitute “voting area”; and

(b)

omit paragraph (b).

In subsection (4) —

(a)

omit the words “and paragraph 1(1) of Schedule 5 to this Act”;

(b)

after the words “that section” insert “subject to the substitution in subsection (5) of that section, for the word “candidate” of the word “person””; and

(c)

omit the words from “and any person” to the end.

After subsection (4) insert —

(5) The lists maintained by a county council or county borough council of meeting rooms which candidates at a parliamentary election in any constituency are entitled to use shall have effect for the purposes of the referendum; and any person shall, before the referendum, be entitled at all reasonable hours to inspect those lists or a copy of them..

Section 97 (disturbances at election meetings)(12)

For subsection (2), substitute —

(2) This section applies to a meeting in connection with a referendum held during the campaign period.

(2A) In subsection (2), “the campaign period” means the period of 25 days ending with the day before the date of the referendum..

Section 100(1) and (2) (illegal canvassing by police officers)(13)In subsection (1), for the words from “from giving his vote” to the end, substitute “from giving his vote in the referendum in a voting area wholly or partly within the police area”.
Section 109 (payments for exhibition of election notices)
Section 110 (printer’s name and address on election publications)(14)Omit subsection (12).
Section 111 (prohibition of paid canvassers)
Section 112 (providing money for illegal purposes)
Sections 113 to 115 (bribery, treating and undue influence)
Section 116 (rights of creditors)Omit paragraphs (b) and (c).
Section 118 (interpretation of Part II), the definitions of “money”, “pecuniary reward” and “payment”
Section 119 (computation of time for purposes of Part II)

In subsection (1), in paragraph (b), after “disregarded”, insert —

; and

(c)in computing any period referred to in section 96(1A) or 97(2A), as applied for the purposes of a referendum, any of the days so mentioned shall be disregarded..

Section 167 (application for relief)
Sections 168 to 170 (prosecutions for corrupt and illegal practices)
Subsections (1)(a)(i), (2) and (3) of section 173 (incapacities on conviction of corrupt or illegal practice)(15)In subsection (1)(a)(i), after “Great Britain”, insert “or at any referendum”.
Section 174 (mitigation and remission etc.)
Section 175 (illegal payments etc.)(16)Omit subsection (2).
Section 176 (time limit for prosecutions)
Section 177 (summary trial)

For “the local government Act”, substitute “the Referendums Regulations”.

In paragraph (a), for “in the county in which the local government area for which the election was held is situated or which it adjoins” substitute “for the voting area in 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)
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)
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”, “person” and “voter” and subsection (2)(17)In the definition of “voter”, after “42 above”, insert “and such of those rules as are applied, in relation to a referendum, by any provision of the Referendums Regulations”.
Section 203(1) (local government provisions as to England and Wales)(18)

In subsection (1), insert at the end —

“the Referendums Regulations” means the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004.

TABLE 3THE LOCAL ELECTIONS (PRINCIPAL AREAS) RULES 1986: SCHEDULE 2(19)

(1)(2)
ProvisionModification (if any)
Rule 1 (timetable)

Omit the words from “Delivery” in the first place where that word appears to “day of election” in the fourth place where those words appear.

Omit the item “Polling”.

Rule 2 (computation of time)See regulation 18.
Rule 3 (notice of election)For paragraph (1), substitute “(1) The counting officer shall publish notice of the referendum, stating the date of the poll.”
Rule 13 (poll to be taken by ballot)Omit the words from “, the result” to the end.
Rule 15 (the official mark)

For paragraph (2) substitute —

(2) The official mark shall be kept secret.

In paragraph (3) omit “at the same election”.

Rule 16 (prohibition of disclosure of vote)
Rule 17 (use of schools and public rooms)
Rule 18 (notice of poll)

In paragraph (1), for sub-paragraphs (b) to (d), substitute —

and

(b)the statement and the question to be asked in the referendum..

For paragraph (2) substitute —

(2) The notice of poll shall be published not later than the sixth day before the date of the referendum.

In paragraph (3), omit the words from “and he shall” to the end.

Rule 19 (postal ballot papers)
Rule 20 (provision of polling stations)In paragraph (3), omit “unless that place is outside the electoral area”.
Rule 21 (appointment of presiding officers and clerks)In paragraph (1), omit the words from “but he shall not appoint” to the end.
Rule 22(1) to (4) (issue official poll cards)

For paragraph (3)(a) substitute —

(a)the name of the council and of the voting of area;.

Rule 23 (equipment of polling stations)(20)

For paragraph (5) substitute —

(5) In every compartment of every polling station there shall be exhibited the following notice —

  • [INSERT NAME OF COUNCIL]

  • REFERENDUM

  • Mark one box only. Put no other mark on the ballot paper or your vote may not be counted..

In paragraph (8), for “particulars of the candidates”, substitute “the answer”.

In paragraph (9) —

(a)

for “numbered” and “number of”, substitute “worded” and “word on”, respectively; and

(b)

for “the candidate whose particulars are”, substitute “the answer which is”.

In paragraph (10), for “Each number on the”, substitute “The word on each”.

Rule 24 (appointment of polling and counting agents)

Omit paragraphs (1) to (3).

In paragraph (4) —

(a)

for “counting agents”, “counting agent” and “agent”, substitute “counting observers”, “counting observer” and “observer”, respectively;

(b)

for “candidate” and “candidates”, substitute “petition organiser” and “petition organisers”, respectively; and

(c)

for “appointed for” and “appointed”, substitute “nominated by” and “nominated”, respectively.

Omit paragraph (5).

For paragraph (6) substitute —

(6) If a counting observer dies, or becomes incapable of acting, the counting officer may appoint another counting observer in that person’s place..

Omit paragraph (7).

In paragraph (8) —

(a)

omit “polling agents and”;

(b)

for “counting agents” and “agents”, substitute “counting observers”; and

(c)

in sub-paragraph (a), omit “and notified”.

In paragraph (9) —

(a)

for “a counting agent by the returning officer”, substitute “a counting observer by the counting officer”; and

(b)

for “the notice of appointment”, substitute “the nomination under regulation 13(2) of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004”.

In paragraph (10) —

(a)

for “candidate” substitute “petition organiser”;

(b)

for “polling or counting agent” substitute “counting observer”; and

(c)

for “agent” substitute “counting observer”.

Omit paragraph (11).

In paragraph (12) —

(a)

for “these rules” substitute “the LGA Referendum Rules”;

(b)

for “polling or counting agents” substitute “counting observers”; and

(c)

for “agents or agents” substitute “such observer or observers”.

Rule 25 (notification of requirement of secrecy)
Rule 26(1), (3) and (4) (admission to polling station)(21)

In paragraph (1) —

(a)

omit sub-paragraph (a);

(b)

in sub-paragraph (b), for “the polling agents”, substitute “the polling observers”;

(c)

at the end of sub-paragraph (d), omit “and”; and

(d)

at the end of sub-paragraph (e) insert —

(f)the elected mayor, if any, of the council in respect of which the referendum is held; and

(g)any petition organiser.(22)

Rule 27 (keeping of order in station)
Rule 28 (sealing of ballot boxes)
Rule 29 (questions to be put to voters) at —

For paragraphs (1) and (2) substitute —

(1) The presiding officer may put to any person applying for a ballot paper the time of that person’s application, but not afterwards, one or both of the relevant questions.

(2) In the case of a person applying to vote on their own behalf, the relevant questions are —

(a)“Are you the person registered in the register of local government electors for this voting area as follows?” (read the whole entry from the register.)

(b)“Have you already voted, here or elsewhere, in this referendum, otherwise than as proxy for some other person?”

(2A) In the case of a person applying as proxy, the relevant questions are —

(a)“Are you the person whose name appears as A.B. in the list of proxies for this referendum as entitled to vote as proxy on behalf of C.D.?”

(b)“Have you already voted, here or elsewhere, at this referendum as proxy on behalf of C.D.?”.

(2B) In the case of a person applying as proxy, the presiding officer may put the following additional question —

  • Are you the husband [wife], parent, grandparent, brother [sister], child or grandchild of C.D.?

  • and, if that question is not answered in the affirmative, the following question

    • Have you already voted at this referendum on behalf of two persons of whom you are not the husband [wife], parent, grandparent, brother [sister], child or grandchild?.

Rule 30 (challenge voters)In paragraph (1), for “a candidate or his election or polling agent”, substitute “any petition organiser or polling observer permitted to be present in accordance with rule 26, as modified”.
Rule 31 (voting procedure)
Rule 32 (votes marked by presiding officer)In paragraph (1), for “polling agents” substitute “polling observers (if any)”.
Rule 33 (voting by persons with disabilities)
Rule 34 (tendered ballot papers)
Rule 35 (spoilt ballot papers)
Rule 36 (adjournment of poll in case of riot)
Rule 37 (procedureIn paragraph (1), for “polling agents” (in both places) substitute “polling observers (if on close of poll)(23) any)”.
Rule 39 (the count)(24)

In paragraph (1)(a), for “counting agents” substitute “counting observers”.

In paragraph (1)(b), for “election agents” substitute “counting observers”.

In paragraph (6), for “election agent” substitute “counting observer present at the verification”.

In paragraph (7), omit “so far as he and the agents agree” and from “For the purposes” to the end.

In paragraph (8), omit the words from “—(a) place” to “(b) otherwise”.

Rule 40 (re-count)

In paragraph (1), for “candidate or his election agent”, substitute “petition organiser”.

In paragraph (2), for “the candidates and election agents”, substitute “such petition organisers as are”.

Rule 41(1), (3) to (5) (rejected ballot papers)

In paragraph (1) —

(a)

for sub-paragraph (b), substitute “(b) on which votes are given for more than one answer,”; and

(b)

for “paragraphs (2) and (3)”, substitute “paragraph (3)”.

In paragraph (4) —

(a)

omit sub-paragraph (b); and

(b)

for “counting agent”, substitute “counting observer”.

In paragraph (5) —

(a)

omit “including those rejected in part,”;

(b)

for sub-paragraph (b), substitute —

(b)voting for more than one answer; and

(c)

omit the words from “and the statement” to the end.

Rule 42 (decisions on ballot papers)
Rule 43 (equality of

For the words from “an equality” to the end, substitute —

  • an equality of YES and NO votes is found, the counting officer shall forthwith decide the referendum by lot..

Rule 44 (declaration of result)

Substitute —

  • The counting officer shall forthwith —

    (a)

    declare the result of the referendum;

    (b)

    inform the proper officer of the local authority by or in respect of which the referendum was held of the result of the referendum; and

    (c)

    give public notice of —

    (i)

    the result of the referendum,

    (ii)

    the number of ballot papers counted,

    (iii)

    the total number of votes cast for each answer, and

    (iv)

    the number of rejected ballot papers under each head shown in thestatement of rejected ballot papers..

Rule 45 (sealing up of ballot papers)In paragraph (1), omit “contested” and “, including ballot papers rejected in part”.
Rule 46 (delivery of documents)(25)

For “the returning officer”, substitute “the counting officer”.

For the words from “the date of the election” to the end, substitute “and the name of the voting area”.

Rule 47 (orders for production of documents)In paragraph (1), omit “, including ballot papers rejected in part”.
Rule 48 (retention and public inspection of documents)
The Appendix of Forms: Form of declaration of identity

On the front of the form, for “REPRESENTATION OF THE PEOPLE ACTS” substitute —

  • [INSERT NAME OF COUNCIL] REFERENDUM.

On the back of the form —

(a)

in paragraph 2, for “(Vote for no more than…candidates.) (Vote for one candidate only.)”, substitute “Vote for one answer only.”;

(b)

in paragraph 5, for “the same election” substitute “the referendum”; and

(c)

in paragraph 6, for “election” substitute “referendum”.

Elector’s official poll card

On the front of the card —

(a)

for “REPRESENTATION OF THE PEOPLE ACTS” substitute —

  • [INSERT NAME OF COUNCIL] REFERENDUM; and

(b)

for “Electoral division/ward” substitute “Voting area”; and

(c)

for “8am to 9pm”, substitute “7am to 10pm”.

On the back of the card —

(a)

for the heading substitute —

  • [INSERT NAME OF COUNCIL] REFERENDUM;

(b)

in the third paragraph —

(i)

for “the name(s) of the candidate(s)”, substitute “the answer”; and

(ii)

at the end insert “Put no other mark on the ballot paper, or your vote may not be counted.”;

(c)

omit the fifth paragraph; and

(d)

in the seventh and final paragraphs, for “this election” substitute “the referendum”.

Proxy’s official poll card

On the front of the card —

(a)

for “REPRESENTATION OF THE PEOPLE ACTS” substitute —

  • [INSERT NAME OF COUNCIL] REFERENDUM;

(b)

for “LOCAL GOVERNMENT ELECTION”, “[Council]” and “Electoral division/ward” substitute “[insert name of voting area]”; and

(c)

for “8am to 9pm”, substitute “7am to 10pm”.

On the back of the card, in the penultimate and final paragraphs, for “this election”, substitute “the referendum”.

Form of directions for guidance of the voters in voting

In paragraph 2 —

(a)

for “the name(s) of the candidate(s)”, substitute “the answer”; and

(b)

at the end, insert “Put no other mark on the ballot paper, or your vote maynot be counted.”.

Omit paragraph 4 and renumber paragraph 5.

Form of certificate of employment

For “REPRESENTATION OF THE PEOPLE ACTS” and “ELECTION IN THE” substitute —

  • [INSERT NAME OF COUNCIL] REFERENDUM.

and for “ ... ... ... ... ELECTORAL DIVISION/WARD of ... ... ... ...”

substitute “[insert name of voting area]”.

For “electoral area” in each place substitute “voting area”.

For “election” in each place substitute “referendum”.

Form of declaration to be made by the companion of a voter with disabilities(26)

For “election now being held in this electoral area” substitute “referendum now being held in this voting area”.

For “the said election” in each case substitute “that referendum”.

For “for the ... ... ... ... Electoral division/ward of ... ... ... ... ”, substitute “in the ... ... ... ...[insert name of voting area]”.

TABLE 4THE REPRESENTATION OF THE PEOPLE (ENGLAND AND WALES) REGULATIONS 2001(27)

(1)(2)
Provision and, if of limited application, relevant circumstancesModification (if any)
In paragraph (1) of regulation 3 (interpretation), the definitions of “1983 Act”, “1985 Act”, “2000 Act”, “available for inspection”, “register” and “registration officer”
Paragraph (2) of regulation 3

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

, or

(c)in the case of a referendum, such of those rules made under section 36 of the 1983 Act as are applied (with or without modification) by the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004.

Paragraphs (3) and (4) of regulation 3
Sub-paragraph (b) of paragraph (1) of regulation 4 (forms) and, to the extent of Form E in Schedule 3, paragraph (2) of that regulation
Regulation 5 (communication of applications, notices, etc)
Regulation 6 (electronic signatures and related certificates)
Regulation 7 (copies of documents)
Regulation 8 (time)
Regulation 11 (interference with notices)
Regulation 50 (interpretation of Part IV)
Regulation 51 (general requirements for applications for an absent vote)

In paragraph (4), in sub-paragraph (b) —

(a)

after “for” insert “all or any of”;

(b)

after “elections” insert “and referendums, identifying those in respect of which it is made”; and

(c)

omit “or both”.

In paragraph (5) —

(a)

after “election”, in each place, insert “or referendum”; and

(b)

omit “elections”.

Regulation 52 (additional requirements for applications for the appointment of a proxy)
Regulation 55 (additional requirements for applications for a proxy vote in respect of a particular election)
Regulation 56 (closing dates for applications)

In paragraphs (1) to (5), after “election”, in each place, insert “or referendum”.

In paragraph (7)(b), after “election” insert “or referendum”.

Regulation 57 (grant or refusal of applications)Omit paragraph (6).
Regulation 58 (notice of appeal)
Regulation 59 (cancellation of proxy appointment)
Regulation 61 (records and lists kept under Schedule 4)

Omit paragraph (1).

In paragraph (3), omit sub-paragraph (b) and the word “and” immediately preceding it.

Regulation 62 (marked register for polling stations)
Regulation 64 (interpretation of Part V) other than the definition of “agent”
Regulation 66 (forms of declaration of identity)Omit “in Form G at a parliamentary election taken alone;”.
Regulation 67 (persons entitled to be present at proceedings on issue of postal ballot papers)
Regulation 68 (persons entitled to be present at proceedings on the receipt of postal ballot papers)

For sub-paragraphs (a) to (d) substitute —

(a)the counting officer and that officer’s clerks;

(b)persons who, in accordance with regulation 13(5) of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004, are entitled to attend at the counting of the votes.

Regulation 70 (notification of requirement of secrecy)
Regulation 71 (time when postal ballot papers are to be issued)
Paragraphs (1) to (4) of regulation 72 (procedure on issue of postal ballot papers)
Regulation 73 (refusal to issue postal ballot paper)
Paragraphs (1) to (3) of regulation 74 (envelopes)
Regulation 75 (sealing up of counterfoils and security of special lists)
Regulation 76 (delivery of postal ballot papers to post office)
Paragraphs (1) and (3) to (8) of regulation 77 (spoilt ballot papers)
Regulation 78 (lost ballot papers)
Regulation 79 (alternative means of returning postal ballot paper or declaration of identity)

For paragraphs (1) and (2), substitute —

(1) The manner in which any postal ballot paper or declaration of identity may be returned —

(a)to the returning officer, is by hand or by post;

(b)to a polling station, is by hand..

Regulation 80 (notice of opening of postal ballot paper envelopes)

In paragraph (1), for “each candidate” substitute “those persons who, in accordance with regulation 13(5) of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004, are entitled to attend at the counting of the votes”.

In paragraph (2), omit sub-paragraph (b).

Regulation 81 (postal ballot boxes and receptacles)In paragraphs (3) and (4), for “the agents”, substitute “those”.
Regulation 82 (receipt of covering envelope)
Regulation 83 (opening of postal voters' ballot box)In paragraph (1), for “the agents” substitute “the counting observers”.
Regulation 84 (opening of covering envelopes)
Regulation 85 (procedure in relation to declarations of identity)In paragraph (3), for “agents” substitute “counting observers”.
Regulation 86 (opening of ballot paper envelopes)
Regulation 87 (lists of rejected postal ballot papers)
Regulation 88 (checking of lists kept under regulation 87)
Regulation 89 (sealing of receptacles)
Paragraphs (1) to (4) of regulation 91 (forwarding of documents)

In paragraph (1) —

(a)

omit the words “, in the case of a parliamentary election to the Clerk of the Crown in Chancery and”;

(b)

in sub-paragraph (a), omit the words “, subject to regulation 90 above,”; and

(c)

omit sub-paragraph (b) and the word immediately preceding it.

In paragraph (2) —

(a)

for “In the case of a local government election, the” substitute “The”; and

(b)

omit the words from “except that” to the end.

In Schedule 3, Form E (proxy paper)

For “REPRESENTATION OF THE PEOPLE ACTS” substitute “[insert name of council] REFERENDUM”.

Omit “Constituency” and “Polling district”.

For “Parliamentary electoral area”, substitute “referendum voting area”.

For the words from “*[who qualifies” to “electoral region]]”, substitute “to vote for that person at the referendum on (insert date)”.

Omit “*[This proxy appointment is not valid until …]”.

For paragraph 2 of the note substitute —

2.  Your appointment as proxy will be for the referendum only. You have the right to vote as proxy only at the referendum specified in the proxy paper.

(1)

Section 13B was inserted by the Representation of the People Act 2000 (c. 2), Schedule 1, paragraph 6.

(2)

Section 36(4) was amended by the Local Government Act 1985 (c. 51), Schedule 17 and the Local Government (Wales) Act 1994 (c. 19), Schedule 16.

(3)

Section 47(1) was amended by S.I. 1991/1728, regulation 4.

(4)

Section 49(5) was substituted by S.I. 1995/1948, Schedule 2 and amended by the Representation of the People Act 2000, Schedule 1, paragraph 12.

(5)

Amended by the Representation of the People Act 1985, Schedules 2 and 5, and by the Greater London Authority Act 1999 (c. 29), Schedule 3, paragraphs 1 and 10.

(6)

Subsections (3) and (4) were substituted by the Representation of the People Act 1985, Schedule 3.

(7)

Subsection (6) was amended by the Representation of the People Act 1985, Schedule 3. There are other amendments not relevant to these Regulations.

(8)

Section 66A was inserted by the Representation of the People Act 2000 (c. 2), Schedule 6, paragraph 6.

(9)

Subsection (1) was substituted by the Broadcasting Act 1990 (c. 42), Schedule 20.

(10)

Amended by the Representation of the People Act 1985, Schedule 4.

(11)

Subsection (1) was amended by the Greater London Authority Act 1999 (c. 29), Schedule 3, paragraphs 1 and 29. Subsection (2) was amended by the Representation of the People Act 1985, Schedule 4. Subsection (4) was amended by the Police and Criminal Evidence Act 1984 (c. 60), Schedule 7.

(12)

Subsection (2) was amended by the Representation of the People Act 1985, Schedule 3.

(13)

Section 103(2) was repealed, and section 104(b) amended, by the Representation of the People Act 1985, Schedule 5.

(14)

Section 110 was substituted by the Political Parties, Elections and Referendums Act 2000, Schedule 18, paragraph 14.

(15)

Section 173 was substituted by the Political Parties, Elections and Referendums Act 2000, section 136.

(16)

Section 175 was amended by the Representation of the People Act 1985, Schedule 3 and by the Political Parties, Elections and Referendums Act 2000, Schedule 21, paragraph 6(6).

(17)

Amended by the Representation of the People Act 1985, Schedule 4, the Local Government Act 1985 (c. 51) and the Education Reform Act 1988 (c. 40), Schedule 13.

(18)

Amended by the Greater London Authority Act 1999 (c. 29), Schedule 3, paragraphs 1 and 39.

(19)

S.I. 1986/2214; amended by S.I. 1987/261, 1990/158, 1995/1948, 2000/427 and 2001/81.

(20)

Rule 23 was amended by S.I. 2001/81, rule 8.

(21)

Rule 26 was amended by S.I. 2001/81, rule 9.

(22)

The definitions of “elected mayor” and “petition organiser”, as applied for the purposes of this rule, are to be found in regulation 2(1).

(23)

Rule 37 was amended by S.I. 2001/81, rule 11.

(24)

Rule 39 was amended by S.I. 2001/81, rule 12.

(25)

Rule 46 was amended by S.I. 2001/81, rule 13.

(26)

The form was amended by S.I. 2001/81, rule 15.

(27)

S.I. 2001/34.

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