Search Legislation

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

Status:

This is the original version (as it was originally made).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

TABLE 3THE LOCAL ELECTIONS (PRINCIPAL AREAS) RULES 1986: SCHEDULE 2(1)

(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)(2)

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)(3)

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.(4)

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)(5) any)”.
Rule 39 (the count)(6)

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)(7)

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(8)

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]”.

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources