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

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Regulation 15(9)

SCHEDULE 6MODIFICATIONS OF THE ELECTION PETITION RULES 1960(1)

(1)(2)
Provision modifiedModification
Rule 2(2)

After the definition of “the Act” insert —

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

After the definition of “local election petition” insert —

“referendum petition” means a petition under the 2004 Regulations;.

In the definition of “petition”, insert at the end “or a referendum petition”.

For the definition of “constituency”, substitute —

  • “constituency” —

    (a)

    in relation to a local election petition, means the local government area to which the petition relates;

    (b)

    in relation to a referendum petition, means the local government area in which the referendum is held;.

After the definition of “returning officer” insert “and, in relation to a referendum petition, any reference to a provision of the Act shall be construed as a reference to that provision as applied by the 2004 Regulations.”

Rule 2(3)After “local government Act”, insert “and referendums under the 2004 Regulations”
Rule 4(1)

Omit paragraph (a).

For paragraph (b), substitute —

(b)the date and result of the referendum to which the petition relates;.

In paragraph (c), for the words from “petition” to “the Act” substitute “referendum petition”.

Rule 10Omit.
Rule 12(3)For “the election” substitute “the referendum”.
Rule 14(2)For “the election may” substitute “the referendum may”.
Rule 16(3)For “the election may” substitute “the referendum may”.
Rule 18After “local election petition” insert “or a referendum petition”.
The Schedule

For “a Parliamentary (or Local Government) Election for (state place) ... ... ... ...”, insert “a referendum under the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (“the 2004 Regulations”) in (state area)”.

In paragraph 1 —

(a)

for “election”, in the first place where that word appears, substitute “referendum”;

(b)

omit “(or was a candidate at the above election) (or in the case of a parliamentary election claims to have had a right to be elected or returned at the above election)”.

For paragraph 2 substitute —

2.  That the referendum was held on the ... ... ... ... day of ... ... ... ... 20 ... ... ... ...

In paragraph 4, omit “in the case of a petition mentioned in section 122(2) or (3) or”.

For paragraph (1) of the Prayer substitute —

(1) That it may be determined [that the result of the referendum was not in accordance with the votes cast]* [that the referendum is avoided]* [that the referendum is tainted as mentioned in regulation 17(3) of the 2004 Regulations]*.

  • * include or omit, as the circumstances require..

(1)

S.I. 1960/543, amended by S.I. 1985/1248 and 1999/1352.

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